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HomeMy WebLinkAboutContract 51694 CITY SECRETARY CONTRACT NO. Jc- (09 DOE # RETAINING WALL MAINTENANCE AGREEMENT THIS RETAINING WALL MAINTENANCE AGREEMENT (this "Agreement") is made and entered into this �Vh day of D2CMbef , 2018, by and between WESTHOUSE RESIDENCES, LLC, a Delaware limited liability company, hereinafter referred to as "Landowner", and the CITY OF FORT WORTH, TEXAS, hereinafter referred to as "City". WITNESSETH WHEREAS, Landowner is the owner of that certain 13.977 +/- acre tract of real property located in Fort Worth, Tarrant County, Texas, hereinafter called the "Property_," pursuant to that certain Special Warranty Deed recorded in Instrument No. D218240886 of the Real Property Records of Tarrant County, Texas and being more particularly described by the legal description attached hereto as Exhibit"A"; WHEREAS, Landowner is proceeding to build on and develop a multi-family development project on the Property pursuant to that certain site plan known as Park Vista Apartments , hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and Landowner, and provides for the construction and maintenance of a retaining wall on a portion of the Property; WHEREAS, the City requires that a Retaining Wall (the "Retaining_Wall" or sometimes the "Facility" or "Facilities") the location of which is shown on the Plan be constructed and adequately maintained by Landowner, the location and dimensions of which is shown on the Plan and in accordance with the design specifications attached hereto as Exhibit "B", hereinafter called the "Design Specifications," for the health, safety and welfare of the residents of the City of Fort Worth, Texas; and NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto Cy ®fig �ragree as follows: �\ OFFICIAL RECORD RETAINING WALL MAINTENANCE AGREEMENT CITY SECgTARY v�v��S Rev.4/2007 FT WORTH,TX I. Landowner agrees to adequately construct and maintain the Retaining Wall, at no expense to the City, in accordance with the Design Specifications and the current standards then in force and effect by the City. Adequate maintenance is herein defined as good working condition so that the Retaining Wall is performing its' designed function. 2. Landowner shall inspect the Retaining Wall and submit an inspection report to the City on an annual basis. The purpose of the inspection is to assure safe and proper functioning of the Retaining Wall. The inspection shall cover the entire Retaining Wall, identify whether the Retaining Wall needs maintenance or replacement to perform its' designed function, and the findings shall be noted in the inspection report, along with the corrective actions, if any, to be taken. 3. The Landowner, its successors and assigns, hereby grants permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Facilities 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 Facilities 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 successors and assigns. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City, such obligation is Landowner's. 5. Landowner agrees to perform all work necessary to keep the Retaining Wall in good working order as appropriate. In the event that the City pursuant to this Agreement, is required to perform work of any nature or expend any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, Landowner shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual, reasonable costs incurred by the City hereunder. In the event that Landowner fails RETAINING WALL MAINTENANCE AGREEMENT 2 Rev.4/2007 to reimburse the City for any costs incurred under this section, then the City shall have the right to impress a lien for the costs of such work upon the Property. Any such lien shall be perfected by filing an affidavit in the office of the County Clerk of Tarrant County, Texas that identifies the Property, states the amount of such lien, and makes specific reference to this Agreement. 6. This Agreement imposes no liability of any kind whatsoever on the City. LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE RETAINING WALL FAILS TO OPERATE PROPERLY. LANDOWNER COVENANTS AND AGREES AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, 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 THE RETAINING WALL AND THE FAILURE 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) 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 upon and inure to the benefit of Landowner, its' successors and assigns, and upon the conveyance of the Property, any such successor in interest of the Landowner will be deemed substituted for the Landowner under the terms of this Agreement for all purposes. [Signature Pages to Follow] RETAINING WALL MAINTENANCE AGREEMENT 3 Rev.4/2007 Executed this day of ft*e- 2018. LANDOWNER WESTHOUSE RESIDENCES, LLC, a Delaware limited liability company By: LIV Westhouse Partners, LLC, an Alabama limited liability company By: LIV Westhouse, LLC, an Alabama limited liabtltty company y: Ro pton, III I an e STATE OF ALABAMA § COUNTY OF JEFFERSON § This instrument was acknowledged before me this 116 day of 2018, by Robert B. Crumpton, III, in his capacity as Manager of LIV Westhouse, LLC, an Alabama limited liability company, as the Manager of LIV Westhouse Partners, LLC, an Alabama limited liability company, as the Manager of Westhouse Residences, LLC, a Delaware limited liability company, on behalf of such limited liability company. �� to `' eiei (Signature Notary) THOMAS --•�— 9-1 A q (Name of Notary Typed, Stam3)ed:or Ar�jee u, (Seal) ;D �-9 0iORIL 20.2 S TA;E,p.,��; OFFMAL RECORD RETAINING WALL MAINTENANCE AGREEMENT C WORM, Rev.4/2007 i CITY Wfortrth �esys J . rZ Aj Ite Assistant City Manager Approved as to Form and Legality: Assistant City At orney ATTEST FOS gyp• ��,. City ec ary STATE OF TEXAS § COUNTY OF TARRANT § Pn�t�(Q This instrument was acknowledged before me on ( 2018, by Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. 4wj ��av?U�• JViARlt\.a.SANCHEZ Not• Public, State of Texas *= lily Notary iD#2256490 1 +` Expires December 19,2021 ''rt`UP t •. OFFICIAL RECORD C17 Y SECRETARY RETAINING WALL MAINTENANCE AGREEMENT Rev.4/2007 FT, yW RTK U Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all perform ce and reporting requirements. Ashraf Ibrahim Management Analyst II OFFUAL RECORD C17Y SECRETARY FT. !NORTH,TX EXHIBIT "A" INSERT LEGAL DESCRIPTION RETAINING WALL MAINTENANCE AGREEMENT 6 Rev.412007 a AA Z uit dc z 15�3 11hR g d E I __ -- �i i Q O ---. ---- ------------ ------ --- � � � — YI 5 d NE �iE i E E l i I � ; {�•� ! I m t Y " E' fir 47ff�- All I 1 .a s � IS �Ciie9 Q F ' I i 5 �► _2_ !R 7�� ■��� [0�9 �� � } � ' 1 � ii+ m�� } � ER � I :�I1 i�L !A a m \ of N i �rfiit €teE , o al I 'I Jill !� �e ilo �iyj (eyR I 1 � : RIR 8 pill 11111111mm �,,��. 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