HomeMy WebLinkAboutContract 52649 $r CITY SECRETARY
R FCE IVE D CONTRACT NO. 5
�AJ�.,_. a-
.9 2019
CITY OF FORT WORTH RETAINING WALL
0 CiT SECRUARY MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this G�kh day of L 901,1by
and between The Resort at Eagle Mountain Lake, L.P., acting by and through Mehrdad
Moayedi, its duly authorized agent, hereinafter referred to as "Landowner", and the City of
Fort Worth, hereinafter referred to as "City".
WITNES SETH
WHEREAS, the Landowner is the owner of certain real property described as an
approximately 97.02-acre tract located in the Thomas Robinson Survey, Abstract No. 1309,
Fort Worth (ETJ), 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 Final Plat known as The Resort on Eagle Mountain Lake Addition (Block
6R, Lots 22-46; Block 19, Lots 1-13; Block 20, Lots IA-11), 2-30; Block 24, Lots 1-5;
Block 25, Lots IA-1D, 2, 3R), 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 and
assigns, the location and dimensions of which is shown on the attached Exhibit "A"
("Facility Property"); and;
OFFICIAL RECORD
CITY SECRETARY
RETAINING WALL MAINTENANCE AGREEMENT FT. WORTK 1�
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 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, fail 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 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 or its successors and assigns.
RETAINING WALL MAINTENANCE AGREEMENT 2
Rev.4/2007
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, ITS SUCCESSORS AND ASSIGNS, AGREE TO HOLD
THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE
FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER, ITS
SUCCESSORS AND ASSIGNS, COVENANT AND AGREE AND DO
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 FACILITY 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) 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.
RETAINING WALL MAINTENANCE AGREEMENT 3
Rev.4/2007
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.
'8.' Landowner may assign this agreement at any time without consent of the City.
Executed this /D-day of 2019.
Landowner
THE RESORT AT EAGLE MOUNTAIN LAKE,L.P.,
a Texas limited partnership
By: Centamtar Terras, L.L.C.,
a Texas limited liability company
Its General Partner
By: CTMGT, L.L.C,
a Texas limited liability company
Its Sole Member and Manager
By: ✓'� "
Name: Mehrdad Moayedi
Title: Sole Member and Manager
City
CITY OF FORT WORTH
1b A i3 u Db
Assistant City anager
Approved as to Form and Legality
.Assistant City Attorney
ATTEST
OFFICIAL R ECORj),
City Se e y CITY SECRETARY
". FT. WORTH,,Tx
.:
RETAINING WALL MAINTENANCE AGREEMENT
Rev.4/2007 �.` ter.• �r
STATE OF TEXAS §
COUNTY OF TARRANT §
Tink in=trument was acknowledged before me on ItAm..t 9 2019 by
IWA 16tta&K Assistant City Manager of the City of Fort W , on behalf of the City of
Fort Worth.
MARIA S.SANCHEZ
_• My Notary ID#2256490 Not y Public, State of Texas
ap;E"` Expires December 19,2021
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on 2019, by
Mehrdad Moayedi, Sole Member and Manager of CTMGT, LLC, as Sole Member and
Manager of Centamtar Terras, LLC, as General Partner of THE RESORT AT EAGLE
MOUNTAIN LAKE, L.P., a Texas limited partnership, on behalf of said limited
partnership.
—1
Notary Public, State of Texas
TREVOR KOLLINGER
PU6':
'^Notary Public,state of Texas
•f^1,.Q Comm.Expires 01-05-2021
Notary ID 130950327
6
rFT.
IAL RUZI,RE;
SECRETARY
WORTH °1°K I
RETAINING WALL MAINTENANCE AGREEMENT
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 performanc and eporting requirements.
Ashraf Ibrahim
Management Analyst II
N
FICIAL RECORvY SECRETARY WORTH.- TX
EXHIBIT"A„
FACILITY PROPERTY
BEING a tract of land out of the Thomas Robinson Survey, Abstract No. 1309 in Tarrant
County, Texas, being a part of that called 86.72 acre tract of land described as Exhibit A
with a called 17.46 acre save and except tract in Special Warranty Deed with Vendor's lien
to The Resort at Eagle Mountain Lake, L.P. as recorded in Document No. D206264039 in
the Official Records of Tarrant County, Texas (O.R.T.C.T.), being a part of that called 311-
92/100 acre tract of land described in Special Warranty Deed to The Resort at Eagle
Mountain Lake. L.P. as recorded in Volume 13521, Page 368 O.R.T.C.T., being a part of
that called 20-26/100 acre tract of land described as Tract III in Cash Warranty Deed to The
Resort at Eagle Mountain Lake, L.P., as recorded in Volume 13558, Page 499 O.R.T.C.T.,
and being more particularly described as follows:
BEGINNING at the southeast comer of Lot 3, Block 25 of The Resort on Eagle Mountain
Lake Addition Block 2, Lot 91R; Block 4, Lot 13R; Block 6R, Lots 47-48; Block 20, Lots
31-33; Block 25, Lots 3-33; and Block 26, Lots 1-19; Common Areas C1C, CID, C9, C10,
C 13, C 14, C 15, an addition to Tarrant County, Texas as recorded in Cabinet A. Slide 12174
and 12175 in the Plat records of Tarrant County, Texas (P.R.T.C.T.), and being the point of
curvature of a circular curve to the right, having a radius of 100.00 feet, whose chord bears
North 44 degrees 25 minutes 26 seconds East, a distance of 123.36 feet;
THENCE Northeasterly along said southerly line and along said circular curve to the right,
through a central angle of 76 degrees 09 minutes 47 seconds, an arc length of 132.93 feet to
the point of reverse curvature of a circular curve to the left, having a radius of 1,000.00 feet,
whose chord bears North 70 degrees 33 minutes 19 seconds East, a distance of 414.12 feet;
THENCE Northeasterly, continuing along said southerly line and along said circular curve
to the left, through a central angle of 23 degrees 54 minutes 01 second, an arc length of
417.14 feet to the point of reverse curvature of a circular curve to the right, having a radius
of 1,150.00 feet, whose chord bears North 75 degrees 14 minutes 17 seconds East, a distance
of 658.35 feet;
THENCE Northeasterly, continuing along said southerly line and along said circular curve
to the right, through a central angle of 33 degrees 15 minutes 56 seconds, an arc length of
667.68 feet to a point for comer;
THENCE South 88 degrees 07 minutes 45 seconds East, continuing along said southerly
line, a distance of 155.85 feet to the point of curvature of a circular curve to the right, having
a radius of 790.00 feet, whose chord bears South 84 degrees 16 minutes 34 seconds East, a
distance of 106.17 feet;
THENCE Southeasterly, continuing along said southerly line and along said circular curve
to the right, through a central angle of 07 degrees 42 minutes 22 seconds, an arc length of
106.25 feet to a point for comer;
RETAINING WALL MAINTENANCE AGREEMENT 6
Rev.4/2007
THENCE South 80 degrees 25 minutes 23 seconds East, continuing along said southerly
line, a distance of 352.10 feet to the point of curvature of a circular curve to the left, having
a radius of 210.00 feet, whose chord bears North 47 degrees 12 minutes 11 seconds East, a
distance of 332.65 feet;
THENCE Northeasterly, continuing along said southerly line and along said circular curve
to the left, through a central angle of 104 degrees 44 minutes 52 seconds, an arc length of
383.92 feet to a point for corner;
THENCE North 82 degrees 42 minutes 55 seconds East, departing said southerly line, a
distance of 100.14 feet to the southwest corner of Lot 31, Block 20 of said Cabinet A, Slide
12174 and 12175 (P.R.T.C.T.) and being the point of curvature of a circular curve to the
right, not being tangent to the preceding course, having a radius of 500.00 feet, whose chord
bears South 01 degree 39 minutes 12 seconds West, a distance of 155.36 feet;
THENCE Southwesterly, along said circular curve to the right, through a central angle of 17
degrees 52 minutes 33 seconds, an arc length of 156.00 feet to a point for corner;
THENCE South 10 degrees 35 minutes 28 seconds West, a distance of 528.41 feet to the
point of curvature of a circular curve to the right, having a radius of 770.00 feet, whose
chord bears South 18 degrees 19 minutes 21 seconds West, a distance of 207.17 feet;
THENCE Southwesterly, along said circular curve to the right, through a central angle of 15
degrees 27 minutes 45 seconds, an arc length of 207.80 feet to a point for corner;
THENCE South 26 degrees 03 minutes 13 seconds West, a distance of 1,055.97 feet to the
point of curvature of a circular curve to the right, having a radius of 125.00 feet, whose
chord bears South 75 degrees 52 minutes 19 seconds West, a distance of 191.00 feet;
THENCE Southwesterly, along said circular curve to the right, through a central angle of 99
degrees 38 minutes 12 seconds, an arc length of 217.37 feet to a point for corner;
THENCE North 54 degrees 18 minutes 35 seconds West, a distance of 63.23 feet to the
point of curvature of a circular curve to the right, having a radius of 570.00 feet, whose
chord bears North 33 degrees 28 minutes 55 seconds West, a distance of 405.34 feet;
THENCE Northwesterly along said circular curve to the right, through a central angle of 41
degrees 39 minutes 19 seconds, an arc length of 414.40 feet to a point for corner;
THENCE North 12 degrees 39 minutes 16 seconds West, a distance of 179.90 feet to a point
for corner;
THENCE South 77 degrees 20 minutes 44 seconds West, a distance of 205.00 feet to the
point of curvature of a circular curve to the right, having a radius of 75.00 feet, not being
tangent to the preceding course, whose chord bears North 09 degrees 33 minutes 12 seconds
East, a distance of 56.69 feet;
RETAINING WALL MAINTENANCE AGREEMENT 7
Rev.4/2007
THENCE Northeasterly, along said circular curve to the right, through a central angle of 44
degrees 24 minutes 55 seconds, an arc length of 58.14 feet to a point for corner;
THENCE North 31 degrees 45 minutes 40 seconds East, a distance of 11.32 feet to the point
of curvature of a circular curve to the right, having a radius of 125.00, whose chord bears
North 42 degrees 44 minutes 55 seconds East, a distance of 47.65 feet;
THENCE Northeasterly, along said circular curve to the right, through a central angle of 21
degrees 58 minutes 30 seconds, an arc length of 47.94 feet to the point of reverse curvature
of a circular curve to the left, having a radius of 175.00 feet, whose chord bears North 47
degrees 03 minutes 35 seconds East, a distance of 40.69 feet;
THENCE Northeasterly, along said circular curve to the left, through a central angle of 13
degrees 21 minutes 09 seconds, an arc length of 40.78 feet to a point for corner;
THENCE North 40 degrees 23 minutes 00 seconds East, a distance of 208.70 feet to a point
for corner;
THENCE South 49 degrees 37 minutes 00 seconds East, a distance of 269.29 feet to the
point of curvature of a circular curve to the left, having a radius of 300.00 feet, whose chord
bears North 78 degrees 13 minutes 07 seconds East, a distance of 473.87 feet;
THENCE Northeasterly, along said circular curve to the left, through a central angle of 104
degrees 19 minutes 47 seconds, an arc length of 546.27 feet to a point for corner;
THENCE North 26 degrees 03 minutes 13 seconds East, a distance of 375.46 feet to the
point of curvature of a circular curve to the left, having a radius of 640.00 feet, whose chord
bears North 18 degrees 06 minutes 13 seconds East, a distance of 177.04 feet;
THENCE Northeasterly, along said circular curve to the left, through a central angle of 15
degrees 54 minutes 00 seconds, an arc length of 177.60 feet to the point of compound
curvature of a circular curve to the left, having a radius of 250.00 feet, whose chord bears
North 35 degrees 08 minutes 05 seconds West, a distance of 355.33 feet;
THENCE Northwesterly, along said circular curve to the left, through a central angle of 90
degrees 34 minutes 36 seconds, an arc length of 395.22 feet to a point for corner;
THENCE North 80 degrees 25 minutes 23 seconds West, a distance of 283.19 feet to the
point of curvature of a circular curve to the left, having a radius of 660.00 feet, whose chord
bears North 84 degrees 16 minutes 34 seconds West, a distance of 88.70 feet;
THENCE Northwesterly, along said circular curve to the left, through a central angle of 07
degrees 42 minutes 22 seconds, an arc length of 88.77 feet to a point for corner;
RETAINING WALL MAINTENANCE AGREEMENT 8
Rev.4/2007
THENCE North 88 degrees 07 minutes 45 seconds West, a distance of 155.85 feet to the
point of curvature of a circular curve to the left, having a radius of 1,020.00 feet, whose
chord bears South 81 degrees 14 minutes 09 seconds West, a distance of 376.49 feet;
THENCE Southwesterly, along said circular curve to the left, through a central angle of 21
degrees 16 minutes 13 seconds, an arc length of 378.66 feet to the point of compound
curvature of a circular curve to the left, having a radius of 275.00 feet, whose chord bears
South 10 degrees 29 minutes 31 seconds West, a distance of 476.83 feet;
THENCE Southwesterly, along said circular curve to the left, through a central angle of 120
degrees 13 minutes 02 seconds, an arc length of 577.00 feet to a point for corner;
THENCE South 49 degrees 37 minutes 00 seconds East, a distance of 340.90 feet to a point
for corner;
THENCE South 40 degrees 23 minutes 00 seconds West, a distance of 207.94 feet to the
point of curvature of a circular curve to the right, having a radius of 50.00 feet, whose chord
bears North 80 degrees 44 minutes 40 seconds West, a distance of 85.60 feet;
THENCE Northwesterly, along said circular curve to the right, through a central angle of
117 degrees 44 minutes 39 seconds, an arc length of 102.75 feet to the point of reverse
curvature of a circular curve to the left, having a radius of 400.00 feet, whose chord bears
North 49 degrees 48 minutes 45 seconds West, a distance of 374.84 feet;
THENCE Northwesterly, along said circular curve to the left, through a central angle of 55
degrees 52 minutes 50 seconds, an arc length of 390.12 feet to the point of reverse curvature
of a circular curve to the right, having a radius of 35.00 feet, whose chord bears North 52
degrees 02 minutes 12 seconds West, a distance of 30.37 feet;
THENCE Northwesterly, along said circular curve to the right, through a central angle of 51
degrees 25 minutes 56 seconds, an arc length of 31.42 feet to the point of reverse curvature
of a circular curve to the left, having a radius of 65.00 feet, whose chord bears North 75
degrees 10 minutes 32 seconds West, a distance of 97.90 feet;
THENCE Northwesterly, along said circular curve to the left, through a central angle of 97
degrees 42 minutes 35 seconds, an arc length of 110.85 feet to the point of reverse curvature
of a circular curve to the right, having a radius of 75.00 feet, whose chord bears South 78
degrees 10 minutes 38 seconds West, a distance of 56.69 feet;
THENCE Southwesterly, along said circular curve to the right, through a central angle of 44
degrees 24 minutes 55 seconds, an arc length of 58.14 feet to a point for corner;
THENCE North 10 degrees 23 minutes 06 seconds East, a distance of 214.12 feet to a point
for corner;
RETAINING WALL MAINTENANCE AGREEMENT 9
Rev.4/2007
THENCE North 79 degrees 36 minutes 54 seconds West, a distance of 200.00 feet to the
point of curvature of a circular curve to the right, having a radius of 100.00 feet, whose
chord bears North 33 degrees 56 minutes 25 seconds West, a distance of 129.31 feet;
THENCE Northwesterly, along said circular curve to the right, through a central angle of 80
degrees 33 minutes 55 seconds, an arc length of 140.61 feet to the POINT OF BEGINNING
AND CONTAINING 1,045,529 square feet or 24.00 acres of land, more or less.
RETAINING WALL MAINTENANCE AGREEMENT 10
Rev.4/2007
EXHIBIT `B"
DESIGN SPECIFICATIONS
RETAINING WALL MAINTENANCE AGREEMENT 11
Rev.4/2007
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