HomeMy WebLinkAboutContract 47951 DOE # s ECRUAK
CT MO.
RETAINING WALL
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of �� , by
and between Dunhill Homes, acting by and through .: � , /� �,Q , .3 , hereinafter
referred to as "Landowner", and the City of Fort Worth, hereinafter referred to as "City".
WITNESSETH
WHEREAS, the Landowner is the owner of certain real property described as an
approximately 1308 square foot tract located in the James Rightly Survey, Abstract No.
1268, Fort Worth, Tarrant County, Texas according to the deed recorded in Instrument
2131386&3
Number and Cabinet A, Slide 12088, County Records, Tarrant County,
Texas and being more particularly described by metes and bounds in Exhibit "A",
hereinafter called the "Property".
WHEREAS, the Landowner is proceeding to build on and develop the Property
according to the Site Plan/Subdivision Plan known as 11333 Mesa Drive Retaining Wall
Grading Plan, hereinafter called the "Plan", which is expressly made a part hereof, as
approved or to be approved by the City and the Landowner provides for the construction
and maintenance of a Retaining Wall Facility on a portion of the Property; and;
WHEREAS, the City and the Landowner, and their successors and assigns, agree
that the health, safety and welfare of the residents of the City of Fort Worth, Texas require
that a Retaining Wall Facility be constructed and maintained on a portion of the Property;
and;
WHEREAS, the City requires that a Retaining Wall Facility ("Facility") as shown
�q *he Plan be constructed and adequately maintained by the Landowner, its successors
D FlMAL �RE�CORD
RETAINING WALL MAINTENANCE AGREEMENT CITY Y O��,�r»`�°'b�Fty
Rev.4/2007 FT. WORTHM TX
and assigns, the location and dimensions of which is shown on the attached Exhibit "A"
("Facility Property"); and;
NOW, THEREFORE, in consideration of the foregoing premises, the mutual
covenants contained herein, and the following terms and conditions, the parties hereto
agree as follows:
1. The Landowner, its successors and assigns, shall adequately construct and
maintain the on-site Retaining Wall Facility ("Facility") at no expense to the
City of Fort Worth in accordance with the design specifications for the Facility,
attached as Exhibit "B", and the current standards then in force and effect in
the City of Fort Worth. Adequate maintenance is herein defined as good
working condition so that these facilities are performing their design functions.
2. The Landowner, its successors and assigns, shall inspect the Facility and
submit an inspection report to the City annually. The purpose of the inspection
is to assure safe and proper functioning of the Facility. The inspection shall
cover the entire Facility, which needs maintenance or replacement to perform
their design function, shall be noted in the inspection report along with the
corrective actions to be taken.
3. The Landowner, its successors and assigns, hereby grant permission to the
City, its authorized agents and employees, to enter upon the Property and to
inspect the Facility Property whenever the City deems necessary. The purpose
of inspection is to follow-up on reported deficiencies and/or to respond to
citizen complaints. The City shall provide the Landowner, its successors and
assigns, copies of the inspection findings and a directive to commence with the
repairs if necessary.
4. In the event the Landowner, its successors and assigns, fails to maintain the
Facility in good working condition acceptable to the City, the City, its
authorized agents and employees, may enter upon the Facility Property and
take whatever steps necessary to correct deficiencies identified in the
inspection report and to charge the costs of such repairs to the Landowner, its
RETAINING WALL MAINTENANCE AGREEMENT 2
Rev.4/2007
successors and assigns. It is expressly understood and agreed that the City
is under no obligation to routinely maintain or repair said Facility, and in
no event shall this Agreement be construed to impose any such obligation
on the City,such obligation is Landowner's.
5. The Landowner, its successors and assigns, will perform the work necessary to
keep the Facility in good working order as appropriate. In the event the City
pursuant to this Agreement, performs work of any nature, or expends any funds
in performance of said work for labor, use of equipment, supplies, materials,
and the like, the Landowner, its successors and assigns, shall reimburse the
City upon demand, within thirty (30) days of receipt thereof for all actual costs
incurred by the City hereunder. In the event that Landowner or its successors
or assigns fail to pay the City for the costs incurred under this section, the City
shall impress a lien for the costs of such work upon other lots owned by the
Landowner. Such lien shall be perfected by filing in the office of the County
Clerk of Tarrant County, Texas an affidavit identifying the property to be
charged with such lien, stating the amount thereof, and making reference to
this Agreement.
6. This Agreement imposes no liability of any kind whatsoever on the City. THE
LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM
ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO
OPERATE PROPERLY. LANDOWNER COVENANT AND AGREE
AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND
EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES,
LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION
WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE
FAILURE OF OWNER OR ANY FUTURE OWNERS OF THE ABOVE
FACILITITY PROPERTY TO MAINTAIN THE RETAINING WALL
IN ACCORDANCE HEREWITH, OR AS A RESULT OF ANY
DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1)
EROSION OF THE SOIL BELOW THE RETAINING WALL AND ITS
RETAINING WALL MAINTENANCE AGREEMENT 3
Rev.4/2007
FOOTING, , AND (2) AND FAILURE OF THE RETAINING WALL
AND ITS FOOTING TO OPERATE IN A MANNER CONSISTENT
WITH CITY OF FORT WORTH CRITERIA TO PERFORM ANY OF
ITS DUTIES OR OBLIGATIONS HEREUNDER.
7. This Agreement shall be recorded among the land records of Tarrant County,
Texas, and shall constitute a covenant running with the land, and shall be
binding on the Landowner, its administrators, executors, assigns, heirs and any
other successors in interests, including any property owners association.
Executed this�-�ay of 20_1_�
Landowner City
City of Fort Worth
Name: Jesus J. Chapa
Title :
Assistant City Manager
i ('gyp
Approved as to Form and Legality
Assistant City AttorneyA rAh
ATTEST
ity Se
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OFFICIAL RECORD
RETAINING WALL MAINTENANCE AGREEMENT CITY SECRETARY
Rev.4/2007 FT.,WORTH, TX 4
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 201 _ by
Jesus J. Chapa, Assistant City Manager of the City of Fort Worth, n behalf of the City of
Fort Worth.
A luwee4
a'�rav pry LINDA M. NIRRLINGER Notary Public, State of Texas
`, Notary PubllC,$tote of Texas
= Comm.Expires 02 02-2018
;;6��� }`� Notary ID 12414474-b
STATE OF TEXAS §
COUNTY OF T-ARRA4T §
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Before me the undersi ned authority on this day personally appeared
known
to me to be the person whose name is subscribed to the foregoing instrument and
acknowledge to me that the same is the act of
"w optla. , and that he executed the same as its
and as the act of such and for the purposes and
consideration expressed in the foregoing instru
JUL►EOWEN Notar Pu ic, State of Texas
'*•�:*� MY COMMISSION EXPIRES
•�do-;"` August 7,2019
RETAINING WALL MAINTENANCE AGREEMENT
Rev.4/2007 5
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
RETAINING WALL MAINTENANCE AGREEMENT
Rev.4/2007 6
Exhibit "A"
Retaining Wall Maintenance Area
BEING a tract of land situated in the James Rightly Survey, Abstract No. 1268, City of Fort
Worth, Tarrant County, Texas and being a portion of Lot 8, Block 2 of the Final Plat of Willow
Ridge Estates, recorded in Instrument Number D207272631 and Cabinet A, Slide 12088, County
Records, Tarrant County, Texas and being more particularly described by metes and bounds as
follows:
BEGINNING at a point from which a 1/2 inch iron rod found at the northwest corner of said Lot
8, Block 2 capped "RPLS 4818"bears N 70°53'54"W, 136.13 feet;
THENCE over and across said Lot 8, Block 2 the following courses and distances;
N 67026'1 1"E, 21.57 feet;
N 89025'16"E, 22.74 feet;
S 89043'34"E, 22.02 feet from which a 1/2 inch iron rod found at the northeast corner of
said Lot 8, Block 2 bears N 36°47'18"E, 44.58 feet;
S 44006'32"E, 15.61 feet;
S 05004'40"E, 8.09 feet;
N 89053'00"W, 76.28 feet;
N 00007'00"E, 10.71 feet to the POINT OF BEGINNING and containing 1,308 square
feet or 0.030 acres of land more or less;
"Integral parts of this document"
1. Description-1 Page ,
2. Exhibit-1 Pages,<, ° --
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