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HomeMy WebLinkAboutContract 49596 6789ro , j DOE # CITY SECRETARY g @@ CONTRACT NO. � S ETAINING WALL 8 L 9 'v w NTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 1 , day of 2017 by and between FW Alton Park, LP, acting by and through , 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 10.906 acre tract located in Lot 1, Block A of the Alton Park Addition, Fort Worth, Tarrant County, Texas according to the Plat recorded in Instrument No. D217120504, Deed 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 Alton Park Apartments, 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 on the Plan be constructed and adequately maintained by the Landowner, its successors OFFICIAL RECORD RETAINING WALL MAINTENANCE AGREEMENT Rev.4/2007 CITY SECRETARY PT,WORTH,IrX 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.412007 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 I day of 201'1 . Landowner: FW Alton Park, LP City By: FW Alton Park GP, LLC City of Fort Worth a Texas limited liability company By: Fort Worth Affordability, Inc. a Texas non-profit corporation ' SuOXN'- Sole Member Assistant City Manager By: Approved as to Form and Legality Name: Wry-Ma aret femons Title: Secreta r \�y OF JCO ,11,1 41r I� Assistant City Attorney :O T1 AT ST $ C Ty Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX RETAINING WALL MAINTENANCE AGREEMENT 4 Rev.4/2007 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on L2 201/ by Fallaildo , Assistant City Manager of the City of FortWoxth, on behalf of the City �Q 5 of Fort Worth. Notary Public, State of Texas a � cq Texas s 474,6 LINDA M. NIRRLINGER�' _.�[� '•5��Notary Public,State of Texas `•,/� P'Comm.Expires 02-02-2018 me��` 4�TEp�S�, Notary ID 12414474-6 9g STATE OF TEXAS § -- COUNTY OF TARRANT § Before me, the undersigned authority on this 30th day of JUNE 2017, personally appeared MARY-MARGARET LEMONS , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of FW Alton Park, LP, and that he executed the same as 'its SECRETARY/TREASURER and as e act of such and for the purposes and consideration expressed in th o going in ument Notary Public, to of T j SYDNEE JEANAR FREEMAN N% * NOSE Rof TexasIC Comm.Exp.03/06/2018 RETAINING WALL MAINTENANCE AGREEMENT 5 Rev.4/2007 Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. J ie S. Morales Development Manager Exhibit A STATE OF TEXAS COUNTY OF TARRANT WHEREAS L & S Land Company (75% Interest) and PWB Interests, LTD. (25% Interest), are the owners of a 10.906 acre tract of land situated in the Joseph Bowman Survey, Abstract No. 81 and the James J. Bowman Survey, Abstract No. 99, City of Fort Worth, Tarrant County, Texas, according to the deed filed in Instrument Number D205069857 of the Official Public Records Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found for the southeast corner of Lot 1, Block 1, Villas of Marine Creek, an addition to The City of Fort Worth as recorded in Cabinet A, Slide 4236 of the Plat Records of Tarrant County, Texas and lying on the northeast line of Farm to Market Road 1220, also known as Azle Avenue, (a called 100' public right—of—way,; THENCE North 60 degrees 51 minutes 26 seconds East deporting said right—of—way and along the southeast line of said Lot 1, Block 1 Villas of Marine Creek, a distance of 1068.49 feet to a 5/8 inch iron rod with cap stamped "DSM" found for the east comer of said Lot 1. Block 1 Villas of Marine Creek and for the south corner of Lot 40, Block 10 of The Villages of Marine Creek, an addition to The City of Fort Worth as recorded in Cabinet A, Slide 9020 of the Plat Records of Tarrant County, Texas; THENCE North 60 degrees 54 minutes 03 seconds East along a southeast line of said Villages of Marine Creek Addition, a distance of 208.57 feet to a 5/8 inch iron rod found for an inner ell corner of Lot 38, Block 10 of said Villages of Marine Creek Addition; THENCE South 47 degrees 38 minutes 48 seconds East along a southwest line of said Villages of Marine Creek Addition, passing a 5/8 inch iron rod found for the south comer of Lot 37, Block 10 at a distance of 91.15 feet and continuing a total distance of 157.10 feet to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for north corner of Lot 1, Block A of Lindbergh Porc Addition, an addition to The City of Fort Worth, as recorded in Cabinet A, Slide 10964 of the Plot Records of Tarrant County, Texas; THENCE along the west line of said Lindbergh Parc Addition the following courses and distances; South 25 degrees 43 minutes 12 seconds West, a distance of 705.95 feet to a 5/8 inch iron rod with cop stomped "R.P.L.S. 5430" set for comer; South 57 degrees 51 minutes 38 seconds West, a distance of 143.12 feet to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5647 PATE" found for corner; South 17 degrees 51 minutes 18 seconds West, a distance of 59.99 feet to a 5/8 inch iron rod with cop stamped "R.P.L.S. 5430" set for the southwest corner of said Lindbergh addition and lying on the aforementioned northeast line of Farm to Market Road 1220; THENCE North 72 degrees 07 minutes 44 seconds West along sold northeast line, a distance of 825.45 feet to the POINT OF BEGINNING containing 475,076 square Feet, or 10.906 acres of land. SURVEYORS CERTIFICATE I, HEREBY CERTIFY, THAT PREPARED THIS SURVEY PLAT SHOWN HEREON FROM AN ACTUAL SURVEY ON THE GROUND BY ME AND THAT ALL CORNERS ARE MARKED, AND THAT ALL DIMENSIONS SHOWN THEREON ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. WITNESS UNDER MY HAND THIS THE ,16 :6, DAY OF 14 cf 2017. BRIAI-J. MADDOX, R.P.L.S. NO. 5430 ...............O5;" BRIAN J.MADDOX YO{9r�..5430................ `S�BUFi�OQ Exhibit B .-TDP 501&1'-B- B/ A T CLAY CAP AND COYPACIED ON SITE SDI. IZ'CAP - 4.1 OAX SLOPE WHILY RTTED SLNTA&E �D SMAEF LIP CONCRETE RUBBLE, NO MORTAR REOUMED ©SLITA&E SILNE/COV09ETE -'! 'r•J�BAp(FACE MAY RUBBLE IS TO BE RR.LY �=i; BE IRREGULAR MORTARED IN THIS ZONE — RR TER FABRN:ALL 2 FACE SI Wf PER CONTRACT —i!' _' AROUND DRAINAGE'IOIE COW3"DIAMETER NEEP HOLE 0 -T—EA7sr IED OR 8'-0'OC PLACED 6" I I= I- i,' fx6IIVG SIX SCW - ABOVE FINISqED GRApE _I FWSWED GRAOE SLOPECONTWIOUS GRAVEL ON I:1 MAX;REFER TO OW • ' - CLEAN FREE-DRAWING ROC( PLAN FOP FINAL DPAOW; ! I I- (SEE DETAIL 8 FOR WALLS • (�—I 11=I LESS THAN 4'TALL) WV END Oe NEEP PPE NITH FR TER FABRIC AND ' BAND TO ARE END w =i' 1=1 CDIIPAC/ED SOL BELOW NEEP PIPE r -'llIr 17r '1'' B G DETAIL A - TYPICAL RETAINING WALL NTS MASONRY WALL SCHEDULE-1500 PSF 1800 PSF-BEARING CAPACITY(COMPACTED AND TESTED OR NATURAL SOILS) WALL ft-IWT BASE M197H Tar BASE LCPTH BASE DEPTH BATTEN MON'TAR ZONE WALLD,l i!fWSS LNAINAGE ZONE IM BEARING (TLC) (HEEL) THOCNE55 CAPAOTY H B BI C CI A E T G (PSF) l'-0' l'-0 0'-D' 0'-9" 0'-2' 0'-2' 111U MORTAR 1'-0" SEf DETAIL B 1500 2'-0' i'-I' 0'-0' O'-IO' 0'-3" 0'-I" RAL MORTAR 1'-4' SEE DETAIL B 1500 3'-0' 1'-8" 0'-0" 1'-11" O'-3' 0'-6' RILL MORTAR P-8' SEE OETAN.B /SO0 I'1 1'-0" 0'-0" 1'-I" 0'-4' O'8' RAJ.MORTAR 2'-0" SEE DETAIL B 1500 5'-0" 7=6" 0=0' 1=3" 0;5" 0'-10' 0=9" 1=6" 0t-9" 15W 6'-0" 3'-0" 0'-4' 1'-6' 0'-6" I'-0' 0'-9" 1'-8' 11-0' 1500 7'-0" 3'-9' 0'-6' I'-9" 0'-8" 1'-Z' 1'-0' 3'-3' I'-3" 1500 8'-0' a'-9" 1'0' 2=0' 0'-9" 1'-4' 1'-0' 3'-9" 11 1'-6' 15W 9'-0' 5,-7" I=1' 1'-6 1'-0" I'-6" I'-3' I'-3' 1'-9' 1500 !0'-0' 6'-3' 1'-9' 2'-9' 1'-Z" 1'-8" I'-3' 4'-6- 2"-0' ISOD Il'-0' 7'-0" 2'-0" 3--0' 11-3' 1'-10' 1'-6' 5'-0' 1'-0' 1500 11'-0' 1 8'-6" Z'-0" 3'-6" 1'-6' 2'-0' 1'-6" 6=0' 1 Z'-0" 1 1800 P C O°O Fa « 0 n W I J Q h U N U n = u� 40.CL ^^ Q U i U o ¢ OE X t V I- t a. 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