HomeMy WebLinkAboutResolution 2002-054
RESOLUTION NO. 2002-054
that:
BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas,
1.
The Mayor be, and is hereby authorized to execute the attached Detention
Storage Maintenance Agreement with Summit Bank for Brentwood Estates, Block 1,
Lot 1.
PASSED AND APPROVED this the 24th day of June, 2002.
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mfitcia Huts'on, City Secretary
APP)O~~~A~ ~O FO~M AND LEGALITY:
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George Staples, Att rney for the City
APPROVED AS TO CONTENT:
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Mike Cùrtis, P.E., Public Works Director
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CETENTION STORAGE MAINTENANCE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS THAT:
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WHEREAS, by plat denoted Lot 1, Block 1 "Brentwood Estates" approved on
March 27, 2000 by the City Council of the City of North Richland Hills, Tarrant County,
Texas, Summit Bank was permitted to develop the site described thereon in accordance
with such plat, and
WHEREAS, such plat requires construction on the property legally described as
Lot 1, Block 1 "Brentwood Estates" which includes the development site of a facility to
provide a storm water detention pond ("Water Detention Storage Facility") for the
development site to minimize potential flooding of downstream property, and
WHEREAS, the City is willing to permit Summit Bank to construct an earthen
Water Detention Storage Facility with pilot channel in accordance with plans approved
by the City, as opposed to a concrete Water Detention Storage Facility, provided that
Summit Bank agrees to maintain such earthen Water Detention Storage Facility.
NOW, THEREFORE, Summit Bank agrees as follows:
1. Summit Bank shall construct, at its sole cost and expense, the earthen Water
Detention Storage Facility in accordance with plans and specifications
approved by the City.
2. Summit Bank shall maintain the Water Detention Storage Facility in a prudent
manner to minimize soil erosion.
3. Should Summit Bank fail to remedy any inadequacy in its maintenance of the
Water Detention Storage Facility within twenty (20) days of receipt of written
notice from the City, the City may, but shall not be obligated, to provide such
maintenance that it shall reasonably deem necessary and all costs thereof
shall be reimbursed to the City by Summit Bank upon written demand
therefore. If Developer fails to so reimburse the City within ten (10) days of
such written demand, the City shall have a lien against the Property for such
amount, provided, however, such lien shall not be valid against a bona fide
purchaser for value unless a notice of such lien stating the amount shall be
filed in the office of the Tarrant County Land Records. By acceptance of this
Agreement, the City agrees to execute a certificate (addressed to the party
requesting same) within ten (10) days of written request therefore, stating
whether or not any amounts are due and owing from Summit Bank pursuant
to this Agreement.
4. The agreements made herein shall be binding upon Summit Bank,
successors and assigns and shall be covenant running with the land.
Page 1 of 2
PW75DETAGR
Executed this
11 day of
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STATE OF TEXAS
COUNTY OF TARRANT
J,,"0'7~ 200 L .
BY~~~
Robert Harrison, President
Summit Bank
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Patricia Hutson, City Secretary
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Notary's Printed Name:
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CITY 9flj/./.' O,RTH. RI,6JANQJ:ULLS;
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By: {/ 11// V./VJ 1?'¡1/[1
Oscar Trevino, Mayor
AND LEGALITY:
George A. Staples, ttorney for the City
APPROVED AS TO CONTENT:
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Mike Curtis, P.E., Public Works Director
Page 2 of 2
AFTER RECORDING, RETURN TO:
City Secretary
City of North Richland Hills
P.O. Box 820609
North Richland Hills, TX 76182-0609
PW75DET.AGR