HomeMy WebLinkAboutResolution 1989-045
RESOLUTION NO. 89-45
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NORI'H RICHLAND HILLS, TEXAS, that:
The Mayor be, and is hereby, authorized to execute
the attached agreement with the Diamond Oaks Country Club, Inc.
as the act and deed of this City.
PASSED AND APProVED this 23rd day of CX::tober, 1989.
APProVED :
~'/ -ß..14"'~ ~
Mayor
ATTEST:
APProVED AS TO FORM AND LEGALITY:
AttD~d~ __________
· GOLF COURSE AGREEMENT
WHEREAS, the City of North Richland Hills, Texas, a municipal
corporation operating under a Hare Rule Charter, hereinafter referred
to as "City", has a need to construct and maintain a water transmission
line from the City of Fort Worth to the City of North Richland Hills,
which transmission line will be constructed across and run under
Diamond Oaks Golf Course located at 5821 Diamond Oaks Drive North,
Haltom City, Texas, hereinafter referred to as "Golf Course".
WHEREAS, the City possesses the right of use of an existing
pipeline easement across the Golf Course: and
WHEREAS, Diarrond Oaks Country Club, Inc. and the City are
agreed to a location for the water transmission line which is different
than the existing easement.
NOW, 'I'HEREFDRE in consideration of the mutual covenants made
herein the City and Diamond Oaks Country Club, Inc. agree as follows:
1). The attached \'laterline easement and temporary construction
easement exhibits "A", "B", and "c" will be signed by Diamond
Oaks Country Club, Inc. prior to the City abandoning a
!X)rtion of the attached existing pipeline easement, exhibit
"D". The City will abandon by Ordinance, that !X)rtion of
said pipeline easement which is on Golf Course property prior
to the City filing the said waterline and temporary
construction easements with the office of the County Clerk
of Tarrant County, Texas. The City will suhnit said
docurœnts for filing with County Clerk, Tarrant County, Texas
prior to ccmnencing with construction on the Golf Course
property.
2). The City agrees to require the Contractor to make prattpt
repair of trench settlement and cart paths which are dëm1aged
as a direct result of construction of the water
transmission main. Trench backfill shall be cc:mpacted
and consist of a top layer of at least 6" of topsoil with
block sodding of similar grass where required by Golf
Course. All trenches will be spot test.ed to insure
adequate cc:mpaction. The cart paths shall be sawcut on
both sides of the trench width and on both sides of damaged
areas, (which the contractor is responsible for) prior to
rerroval. Replacement of cart path pavement shall be 2" of
hot mix asphaltic concrete pavement on 6" of ccmpacted
crushed stone base. The repairs will be placed in such a
manner as to provide equal to or better than equal to
conditions which existed prior to construction.
3). Block sodding which is required due to construction (not
necessarily just the trench) will be placed by the City or
the Ci tv I s Contractor after construction on the Golf Course is
caTlplete. The Golf Course will make every attempt to
prorrote growth, but if sare areas are found to be dead
on May 1, 1990, those areas will be replaced by the City or
the City's Contractor. In lieu of this procedure, the City
and Golf Course may elect to contract with the Golf Course
for installation of the sod. If the Golf Course installs
the sod, then no warranty would be required.
4). The aligruœnt for the wat~r transmission main has been
adjusted to avoid direct conflict with trees larger than
three inches in diameter. The City has instructed the
Contractor to use every reasonable effort to protect and
preserve all trees on Golf Course property. If any damage
occurs to a Golf Course tree as a direct result of
construction, which causes the tree to die prior to
January 1, 1991, the City will cause the contractor to
replace the affected tree with one of similar type and
size but not to exceed $2,000.00 (TWo Thousand Dollars)
per tree.
5). The City acknowledges the existing Golf Course irrigation
system and the likelihood of dëm1age occurring to said
system during construction of the water transmission main.
The City and Contractor will coordinate with Diamond Oaks
Country Club, Inc. I s manager to minimize the damages to said
irrigation system. The City will pay Diamond Oaks Country
Club, Inc. the actual salary and material costs for their
personnel to repair said system.
This agreement shall be in full force and effect so long asconstruction
of the water transmission main continues on Golf Course property or the
necessary repair work as indicated hereinabove is incanplete or as long
as the maintenance bond for "Beach Street Connection Water Transmission
t-1ain" is in effect.
EXECUTED this .73 !teL
day of rOd-deAJ
, 1989.
DJ:AM:H) 01\KS W CLUB, INC.
By: ûlfJM e.. ~
R. H. McDole, President
A~ BEFORE ME THIS .¿3ftd day of ~J , 1989, A.D.
by R. H. McDole, President of Diamond Oaks Country Club, Inc. a Texas
co~ration, on behalf of said co~ration..
.!iJ};~~ W~jr.
Notary lic, S e of Texas
Ccmnission Expires:
Notary's Printed Narœ:
1-10-93
S h j l' I ~ I.( D . lVR /6 H r
CITY OF NORI'H RICHIAND HILLS, TEXAS
By:
Tœmy Brown, Mayor
Jeanette Rewis, Citv Secretarv