HomeMy WebLinkAboutContract 39923co R�cr� Now
STREETSCAPE
MAINTENANCE AGREEMENT
TINS AGREEI�/[I✓NT is made and entered into by and between the City of Fort Worth,
a home rule municipal corporation (hereinafter referred to as "City") and COLONIAL PARK
FW ERI I, L.P., a Texas limited partnership, hereinafter referred to as "Landowner", acting by
and through the duly authorized officer of its General Partner, Colonial Park FW I GP, LLC.
WHEREAS, the Landowner is the owner of certain real property described as Lot 1,
Block B, Colonial Park, an Addition to the City of Fort Worth, Tarrant County, Texas according
to the Plat thereof recorded in Cabinet A. Slide 12190, Plat Records, Tarrant County, Texas, and
hereinafter called the "Property -Phase One".
WHEREAS, the Landowner is proceeding to build on and develop the Property
according to the Site Plan/Subdivision Plan known as Colonial Park hereinafter called the "Plan",
which is expressly made a part hereof, as approved or to be approved by the City, and
WHEREAS, the City requires that the streetscape improvements ("Streetscape
Improvements") as shown on the Plan and more particularly described on Exhibit "A" hereto, be
constructed and adequately maintained by the Landowner, its successors and assigns.
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.
2.
3
The City shall- allow Landowner to construct the Streetscape Improvements using
materials not commonly allowed by the City in the Right -of --Way.
The Landowner, its successors and assigns, shall construct and adequately maintain the
Streetscape Improvements. Adequate maintenance is herein defined as good working
condition so that these facilities are performing their design functions.
The Landowner, its successors and assigns, shall inspect the Streetscape Improvements
and submit an inspection report to the City annually. The purpose of the inspection is to
assure safe and proper functioning of the Streetscape Improvements. The inspection shall
cover the entire Streetscape Improvements, and portions thereof which need maintenance
or replacement to perform their design function, shall be noted in the inspection report - -4
along with the corrective actions to be taken. _ '
S
STREETSCAPE MAINTENANCE AGREEMENT 1
4. The Landowner, its successors and assigns, hereby grant permission to the City, its
authorized agents and employees, to inspect the Streetscape Improvements 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.
5. In the event the Landowner, its successors and assigns, fails to maintain the Streetscape
Improvements in good working condition reasonably acceptable to the City, the City, its
authorized agents and employees, may enter upon the Streetscape Improvements 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 Streetscape Improvements, and in no event shall this
Agreement be construed to impose any such obligation on the City, such obligation
is Landowner's.
6. The Landowner, its successors and assigns, will perform the work necessary to keep the
Streetscape Improvements 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.
7. This Agreement imposes no .liability of any kind whatsoever on the City. THE
LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM ANY
STREETSCAPE MAINTENANCE AGREEMENT 2
LIABILITY IN THE EVENT THE STREETSCAPE IMPROVEMENTS FAIL TO
OPERATE PROPERLY. LANDOWNER COVENANTS AND AGREES 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 PROPERTY -PHASE ONE
TO MAINTAIN THE STREETSCAPE IMPROVEMENTS IN A MANNER
CONSISTENT. WITH THIS AGREEMENT.
8. This Agreement shall be recorded among the land records of Tarrant County, Texas, and
shall constitute a covenant running with the Property -Phase One, and shall be binding on
the Landowner, its administrators, executors, assigns, heirs and any other successors in
interests with respect to the Property -Phase One.
Executed this _ day of , Zulu,
[SIGNATURES IMMEDIATELY FOLLOW ON NEXT PAGE]
STREETSCAPE MAINTENANCE AGREEMENT 3
COLONIAL PARK FW ERI I, L.P.
a Texas limited partiaership:
By:Colonial I
ark I GP, LLC
A Texas 1 t d liability company,
General P er
By: s �i� By:
Fernando Costa Name. /ep g er
Assistant City Manager Title: P&6�5165 J7"
Date, 3�8�0 0�Q:4Qq e: 4a r �/D
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p V000 aka
ATTEST: �o o
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By: o o �d
Marry Hendrix 000 o0
City Secretary �Obr_LO
?Mj7 10 -e —
APPROVED AS TO FORM AND LEGALITY:
Melinda Ramos
Assistant City Attorney
M&C NO. none required
STREETSCAPE MAINTENANCE AGREEMENT 4
THE STATE OF TEXAS R
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Fernando Costa, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same
for the purposes and consideration therein expressed, as the act and deed of the City of Fort
Worth, and in the capacity therein stated.
GI EN UNDER MY HAND AND SEAL OF OFFICE this day of
2010.
EUONIA DANIELS
MY COMMISSION EXPIRES
July 10, 2013
THE STATE OF TEXAS §
COUNTY OF TARRANT
Public in and for the State of Texas
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared ��uB eg�T �, -r�J , known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she
executed the same for the purposes and consideration therein expressed, asAg "q�,J+ of
Colonial Park, FWI, GP, LLC, a Texas limited liability company, General Partner of Colonial
Park FW ERI I, L.P., a Texas limited partnership, on behalf of said limited liability company and
limited partnership, as the act and deed of said limited liability company and said limited
partnership.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this a /S T day of
KRIS ROSE
Notary Public, State of Texas
My Commission Expires
November 19, 2013
Notary
for the State of Texas
STREETSCAPE MAINTENANCE AGREEMENT 5
EXHIBIT "A"
DESCRIPTION OF STREETSCAYE
IMPROVEMENTS
Handscape Improvements:
East ROW of Rogers Road where it abuts the Property -Phase One:
l . All sidewalks will be brick pavers set on 1 " sand on a 4" flex base. The pattern
will be running bond, cobble or herringbone with a header brick band around the
tree wells and adjacent to all curbs. Brick pavers will be either clay or concrete
based on location and pattern.
2. Handicap ramps will have side slope flares that will be brick on flex base to
match sidewalks. Ramps will consist of tactile pavers.
3. Metal bollards will be placed at the entry drive/drop-off on the east side of Rogers
Road,
Landscape Improvements:
East ROW of Rogers Road where it abuts the Property -Phase One:
1. 5' wide Common Bermuda lawn running parallel to the back of curb.
2. 5'x10' open tree wells planted with a border of Mondo Grass and infilled with
Dwarf Palmetto and Iris.
3. Parking Islands will be planted with a Mondo Grass border and infilled with
Mexican Feather Grass and Red Yucca.
4. Large planting beds will be bordered with Mondo Grass and infilled with Dwarf
Palmetto and Mountain Pea,
5. Street trees along Rogers Road will be Live Oak in parking islands and large
planting areas. Pond Cypress will be planted in 5'x5' tree wells. Along Riverfront
Drive Red Oaks will be planted, and along Collinsworth Street Drake Elm will be
planted.
6. At the main entry large metal urns will be planted with Soft Tip Yucca and New
Zealand Flax "Wings of Gold".
STREETSCAPE MAINTENANCE AGREEMENT
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20547-85 1 /20/2010