HomeMy WebLinkAboutContract 49759 DOE #
CITY SECRETARY Ll �1 Cy
CONTRACT NO.. 7 1 l
RETAINING WALL
MAINTENANCE AGREEMENT
THIS AGREEMENT (the "Agreement"), made and entered into this , day of
)y and between Alliance Town Center — Phase II Association, a Texas
nonprofit corporation, 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 in Tarrant
County, Texas and being more particularly described by metes and bounds in Exhibit"A",
hereinafter called the"Property".
WHEREAS, a developer owning property adjacent to the Property is proceeding to
build on and develop such adjacent property, according to the Site Plan/Subdivision Plan
known as 2, Block 4 of the Alliance Town Center North Addition, hereinafter called the
"Plan", which is expressly made a part hereof, as approved or to be approved by the City
and, pursuant to the Plan, the Landowner will cause 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
and assigns, the location of which is show attached Exhibit "A" (" aci l y
Property"); and OFFICIAL RECORD
CITY SECRETARY
Q FT.V OUH,TK
RETAINING WALL MAINTENANCE AGREEMENT
Rev.4/2007 ;; ;
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 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, shall specify which portions, if any, need maintenance
or replacement to perform their design function, and any such needed
maintenance or replacement 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 for the
purpose of inspecting the Facility 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 shall
provide written notice to Landowner, its successors and assigns, describing
with reasonable specificity the needed repairs or maintenance. Landowner, its
successors and assigns shall have a period of 30 days to complete such repairs
or maintenance (or if such repairs or maintenance cannot reasonably be
RETAINING WALL MAINTENANCE AGREEMENT 2
Rev.4/2007
completed within 30 days, Landowner, its successors and assigns shall
commence such repairs or maintenance and shall have such time thereafter as
reasonably necessary, using reasonable diligence, to complete such repairs or
maintenance). If Landowner, its successors and assigns fail to complete such
repairs or maintenance within the time set forth in the immediately preceding
sentence, the City, its authorized agents and employees, may enter upon the
Facility Property and take whatever steps reasonably necessary to correct
deficiencies identified in the inspection report and to charge the reasonable
costs of such repairs to the Landowner, its 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 on the Facility 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 reasonable 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 may impress a lien for the costs of such
work upon the Facility Property. Such lien shall be perfected by filing in the
office of the County Clerk of Tarrant County, Texas an affidavit identifying the
Facility Property, stating the amount owing, 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 COVENANTS AND AGREE
AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND
RETAINING WALL MAINTENANCE AGREEMENT 3
Rev.412007
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 LANDOWNER 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
FOOTING, AND (2) 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 successors and assigns, including any property
owners association. Notwithstanding anything to the contrary contained in this
Agreement, neither Landowner nor any future owner of all or any portion of
the Property shall be liable under any indemnification or other obligations
under this Agreement with respect to claims, losses, damages, events or
occurrences other than those arising during or relating to the respective period
of such Landowner's or future owner's ownership of the Property.
RETAINING WALL MAINTENANCE AGREEMENT 4
Rev.4/2007
Executed this day of ti 2017 .
Landowner City
Alliance Town Center—Phase II Association
City of Fort Worth
2 r
Nam :
(� Assistant City Manager
Title
Approved as to Form and Legality
sx,Assistant City Attorney
J_CtWu J,C%k0A A ti+
FEST �� FORT�O
S ity Secretary
NO M&C REQUIRED
OFFICIAL RECORD
CITY SECRETARY'
FT.Vi RTH,TX
RETAINING WALL MAINTENANCE AGREEMENT 5
Rev.412007
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 20flby
�CSvS ChaP� Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
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N? Not Public, State o Texas
V7.
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MARI:SSANCHEZ
My ComExpiresDece2017
STATE OF TEXAS §
COUNTY OF TARRANT §
t. This i strument was acknowledged before me onALk-5+ ($ 20L, by
Q e �f Alliance Town Cente —Phase I1 Association,
a Texas nonprofit cdyporati6, on behalf of said corporation.
LORI LYNN BOWLING
Notary Public, St of Texas
Notary Public,State of Texas
• 'y'Comm.Expires 10-17.2019
'i�rP OF��•�`�` Notary!D 124717681
FICIAL R"CGRD
CITY CFTJA
:�
RETAINING WALL MAINTENANCE AGREEMENT 6
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.
Janie S. Morales
Development Manager
R
IAL RECORD` -CRETARYV RTHI TX
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LEGAL DESCRIPTION
LOT 1X,BLOCK 4
BEING a tract of land situated in the McCowen survey,abstract number 999,city of Fort Worth,Tan-ant County,Texas,being a
portion of a remainder of tract 4,described by deed to AIL Investment,L.P.as recorded in Volume 14315,Page 56,County Records,
Tarrant County,Texas,and being more particularly described as follows:
COMMENCING at a 5/8 inch iron rod with plastic cap stamped"PELOTON"found in the west right-of-way line of Hillwood
Parkway(a variable width right-of-way),being in the north right-of-way line of Heritage Trace Parkway(a variable width right-0f--way);
THENCE with said west right-of-way line the following courses and distances:
N 52°47'17"E,28.09 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON"found;
N 07°23'04"E,80.93 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON"found,the beginning of a curve to the left;
With said curve to the left,an arc distance of 46.19 feet,through a central angle of 02°53'41",having a radius of 914.31 feet,
the long chord which bears N 05°56'13"E,46.19 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON"found,the
beginning of a reverse curve to the right;
With said curve to the right,an arc distance of 42.61 feet,through a central angle of 07°52'31",having a radius of 310.00 feet,
the long chord which bears N 08°25'38"E,42.58 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON"found,the
beginning of a reverse curve to the left;
With said curve to the left,an arc distance of 68.73 feet,through a central angle of 13°34'41",having a radius of 290.00 feet,
the long chord which bears N 05°34'33"E,68.56 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON"found;
N 00°49'46"E,22.10 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON"found,the beginning of a curve to the left;
With said curve to the left,an arc distance of 19.79 feet,through a central angle of 02°05'59",having a radius of 540.00 feet,
the long chord which bears N 01°49'21"E,19.79 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON"set,
the Point of Beginning;
THENCE S 46°27'19"W,14.10 feet departing said right-0f--way line to a 5/8 inch iron rod with plastic cap stamped
"PELOTON"set;
I
THENCE N 88°23'33"W,67.70 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON"set,the beginning of a
curve to the right;
THENCE with said curve to the right,an arc distance of 15.51 feet,through a central angle of 06°35'04",having a radius
of 135.00 feet,the long chord which bears N 85°06'01"W,15.51 feet to a 5/8 inch iron rod with plastic cap stamped
"PELOTON"set;
THENCE N 81°48'29"W,202.87 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON"set,the beginning
of a curve to the right;
THENCE with said curve to the right,an arc distance of 375.34 feet,through a central angle of 40°57'45",having a
radius of 525.00 feet,the long chord which bears N 61'19'37"W,367.40 feet to a 5/8 inch iron rod with plastic cap
stamped"PELOTON"set;
THENCE N 04°38'42"E,14.20 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON"set,the beginning
of a non-tangent curve to the left;
THENCE with said curve to the left,an arc distance of 116.87 feet,through a central angle of 12°14'30",having a
radius of 547.00 feet,the long chord which bears N 42°46'35"E,116.65 feet to a 5/8 inch iron rod with plastic cap
stamped"PELOTON"set; -
THENCE N 36°39'20"E,101.49 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON"set;
3
THENCE S 55°00'11"E,48.74 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON"set;
THENCE S 83°21'40"E,225.83 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON"set;
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THENCE N 61'44'40"E,112.76 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON"set in the a,
aforementioned east right-of-way line of Hillwood Parkway,the beginning of a non-tangent curve to the right;
THENCE with said east right-of-way line the following courses and distances:
With said curve to the right,an arc distance of 27.77 feet,through a central angle of 05°29'09",having a radius of
290.00 feet,the long chord which bears S 30°31'29"E,27.76 feet to a 5/8 inch iron rod with plastic cap stamped
"PELOTON"found,the beginning of a compound curve to the right;
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With said compound curve to the right,an arc distance of 243.69 feet,through a central angle of 14°55'42",
having a radius of 935.31 feet,the long chord which bears S 20°19'04"E,243.01 feet to a 5/8 inch iron rod with =
plastic cap stamped"PELOTON"found,the beginning of a compound curve to the right; w
THENCE with said right-of--way line and said compound curve to the right,an arc distance of 128.42 feet,
3
through a central angle of 13°37'35",having a radius of 540.00 feet,the long chord which bears S 06°02'25"E, o
128.12 feet to the Point of Beginning and containing 166,159 square feet or 3.814 acres of land more or less.
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