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Home My WebLink AboutContract 53929 May 26, 2020 CSC No. 53929 8:35 AM DOE# RETAINING WALL MAINTENANCE AGREEMENT THIS AGREEMENT,made and entered into this 20 day of May ,by and between QuikTrip 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 described as an approximately 253 square foot tract located in Lot iR, Block i Sylvan Crest Addition, Fort Worth, Tarrant County, Texas according to the Final Plat recorded in County Clerk's File No. D219146507, Official Public 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 Sylvan Crest Addition Lot 1R, Block 1 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 1 Ql�ia.er,a 4r. GRU Rev.RETAIN it 07 WALL MAINTENANCE AGREEMENT V•'Tr SECS ,AR FT. WORTH,TY. —� 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 2 RETAINING WALL MAINTENANCE AGREEMENT 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 3 RETAINING WALL MAINTENANCE AGREEMENT 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 ae day of 20,20. Landowner City City of Fort Worth Dana Bur hdoff(May 20,,2 16:48 CDT a e: �si�+ 5 cCLu>F "WoW Assistant Uty Manager Title: Approved as to Form and Legality Chrisfig R. Lopoz-RB by olds Christa R.Lopez-Reynolds(May 20,202016:37 CDT) 14 Assistant City Attorney a ��OIr. o� ATTEST City Secretary j OFFICIAL CITY SECRETARY RETAINING WALL MAINTENANCE AGREEMENT FT. WORTH,H,TX Rev.412007 STATE OF TEXAS § COUNTY OF TARRANT § 21 This instrument was acknowledged before me on May 20 20_by b4no.&& pp.Assistant City Manager of the City of Fort Worth,on behalf of the City of Fort Worth. LAURIE Digitally signed byLAURIE PEQUENO LEWIS PEQUENO LEWIS Date:sozo.os.s,oe:oo:za-os•oo• Notary Public, State of Texas W N N pa�FFFFFi�B Z W _ a STATE OF TEXAS § =N COUNTY OF TARRANT § Before me, the undersigned authority on this day personally appeared --rnK�1!42k S-. fV u.a4— 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 K.-r4rr, ro)t ,w-hz. . , and that he executed the same as its anus the act of such and for the purposes and considera ion expressed in the foregoing instrument. ; -� 71NALEE CALOWELL of blic, State of Texas ti= t►'tY Notary V e 11 ewo ^,r 3sY Exp w Juty 19.2023 OFFICIAL RECORD 5 CITY,,SECRETARY RETAININGR =7 WALL MAINTENANCE AGREEMENT FT WORTH,H/TX Contract Compliance Manager By signing I acknowledge that I ani the person responsible for the monitoring and administration of this contract,uichiding ensuring all perfoimance and reporting requirements. OA66kfJanie S. @/lorales Development Services Managger OFFICIAL.REjTX CITY SECREFT.WORT EXHIBIT"A" INSERT LEGAL DESCRIPTION 6 RETAINING WALL MAINTENANCE AGREEMENT Rev.4/2007 i EXHIBIT "A" BEING a tract of land situated in the City of Fort Worth, Tarrant County, Texas, out of the Lewis G. Tinsley Survey, Abstract No. 1523, part of LOT 1R, BLOCK 1 , SYLVAN CREST ADDITION, an addition to the City of Fort Worth, Tarrant County, Texas, according to the replat thereof recorded by County Clerk's File No. D219146507 Records, Tarrant County, Texas, being part of that Floodplain Easement, as dedicated by this plat, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with plastic cap stamped "SCI" set for the south corner of said Lot 1R, same being located at the intersection of the northeast right-of-way line of Beach Street (a variable width right-of-way) and the northwest right-of-way line of State Highway No. 121 (SH-121 ; AKA Airport Freeway; a variable width right-of-way) ; THENCE, along said northeast right-of-way, North 34 degrees 49 minutes 15 seconds West, a distance of 327.73 feet to a 5/8 inch iron rod with plastic cap stamped "SCI" set at the south corner of the remainder of that tract of land described by Deed to Warren Donaldson, as recorded in Volume 2955, Page 125, Deed Records, Tarrant County, Texas; j THENCE, departing said northeast right-of-way line and along the common line of said Lot 1R and said remainder, North 17.51 feet to a point; I THENCE over and across said Lot 1R as follows: I South 34 degrees 49 minutes 15 seconds East, a distance of 292.69 feet to a point for the beginning of a curve to the left; Along said curve to the left, through a central angle of 31 degrees 27 minutes 57 seconds, a radius of 22.00 feet, an arc length of 12.08 feet, a chord bearing of South 50 degrees 33 minutes 14 seconds East and a chord distance of 11 .93 feet to a point; South 66 degrees 17 minutes 12 seconds East, a distance of 28.68 feet to a point for the beginning of a curve to the right; Along said curve to the right, through a central angle of 36 degrees 39 minutes 50 seconds, a radius of 22.00 feet, an arc length of 14.08 feet, a chord bearing of South 47 degrees 57 minutes 17 seconds East and a chord distance of 13.84 feet to a point; South 29 degrees 37 minutes 22 seconds East, a distance of 2.83 feet to a point in the common line of said Lot 1R and said SH-121 ; THENCE, along said common line, South 60 degrees 22 minutes 38 seconds West, a distance of 31 .22 feet to the POINT OF BEGINNING, containing 3,944 square feet or 0.0906 acres of land, more or less. OF r ii ............................... DOUGLAS S LOO ................................p5199 f 5-- -.;tca ss\° �O Douglas Loomis Date S U Rv R.P.L.S. 5199 RETAINING WALL MAINTENANCE AGREEMENT 903 N.Bowser Road PART OF LOT 1 R BLOCK 1 `"l SYLVAN CREST ADDITION _ j Richardson, C.C.F. NO. D219146507 O.P,R.T.C.T. Richardson,Texas ice L75081 EWIS G.TINSLEY ABSTUH NO. 1543S (972)633-7002 Voice CITY OF FORT WORTH,� ARRANT COUNTY,TEXAS a (972)633-1702 Fax Date: 5/08/2020 Project No. 15149151 DM 1A'WW.SurveyConsu1(ants1nc.Corn SHEET I OF 2 EXHIBIT "A" LEGEND O 5/8" I.R.S. 5/8' IRON ROD SET WITH PLASTIC CAP STAMPED 'SCI' ii C.C.F. NO. COUNTY CLERK'S FILE NUMBER C.M. CONTROLLING MONUMENT SCALE: 1■_60+ PGR. .G.T. DEED RECORDS, TARRANT COUNTY, TEXAS GE P.O.B. POINT OF BEGINNING BASIS OF BEARINGS P.O.C. POINT OF COMMENCING P.R.T.C.T. PLAT RECORDS TARRANT COUNTY TEXAS NORTHEAST LINE OF BEACH STREET O.P.R.T.C.T, OFFICIAL PUKIC RECORDS, TARIWIT COUNTY, TEXAS (N 3V49'16" 1P) R.O.W. RIGHT-OF-WAY C.C.F. NO. D219146507, O.P.R.T.C.T. VOL.M�A VOLUME ING WALL MAINTENANCE AGREEMENT i GREENTAC 2ESOADDITION Del i a=21'57'27" VOL. 388-161 PG. 76 P.R.T.C.'I'. �r CE12S 7 *43*85' CB=S 78'43'49" W EAST N 8 4 9'59 02" E rOr�rl CL=206.58' 1.44' N 632T2, 59.6T A7.42 * // // 11..E2.S. 5ft.S. (REMAINDER i WARREN 2955, PG. 125 ASS — I D.R,T.C.T, flpP�A1Np21g1A ( N 3/4'( F. C M 5�81 ` G TfcDOT MON, FOUND / NORTHM) V.R1 GI88 YHE PG M545 17.51' ` y �, 5f e 1 j` `��01 Nb �p4 �` `\ , ,� flpQCjo°2r QG��p• d' `�- — ! 5/S, f S, 30' CREEK EASEMENT VOL. 388-H PG. 45 �,•Q¢''' I�.R.T.C.T. 1? - ` 4 SYLVAN dbSTL ADDITION \ �\ C.C.F. NO. D219146507 0 I I O.P.R.T.C.T. R.W.M.A. AREA 3,944 SQUARE FEET `?�� '�,�.; 10' ATMOS ENERGY COMPANY \ (0.0906 ACRES) chv"� 1> > \ GAS EASEMENT 1 \ (BY SEPARATE INSTRUMENT) \ �`� y `S��J SANITARY EASEMENT-"\ C.C.F. NO. D219146507 �• �n �.'� > O.P.R.T,C,T, �� c4 WATER EASEMENT •�gy'-�1 i C.C.F. NO. D219146507 0.P.R.T,C.T. V- g' e o� i �t\♦ S. a RETAINING WALL MAINTENANCE AGREEMENT 903 N,Bowser Road PART OF LOT I BLOCK 1 Suite240 SYLVAN CREST ADDITION Richardson,Texas 75081 C.C.F.NO. D219146507 O.P.R.T.C.T (972)424-7002 Voice LEWIS G.TINSLEY ABSTU&NO. 1513 C CITY OF FORT WORTH,t ARRANT COUNTY,TEXAS (972)633-1702 Fax Dote: 5/08/2020 Sccles 1"=60' Project No, 15149151 'l`Arur•SurveyConsultantslnc.Com SHEET 2 OF 2 L1110160:3iVG 90SSI DIA-0d0A 'AMH SVIN SM VN11133;1; 'ON dpjj!nb MN313. 988T --d MPH 11�. i�,Xfi i ZtJA P" SH lit 511, 9 VIA in g (Tj I ri X i lax § 6 C!I 2 A A ,Do 100 „06 222 d. 00 ,10 a 222 922 RE SHE 01..8 .3 4 ma run -V! 1 g2g �5 -------- -- -- -------- --- t5 R" I, ............ 010 co X 7 ........... - - ----- , --- - ------4 OR WEE 2F —21 BEACH STREET