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HomeMy WebLinkAboutContract 40442RETAINING WALL MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered 20 by and between HBT Land LLC, a Texas CONTRAS N�---'"- into this It 7day of Limited Liability Company, hereinafter referred to as "Landowner", and the City of Fort Worth, hereinafter referred to as y" WITNESSETH WHEREAS, the Landowner is the owner of certain real property described as an approximately 396 square foot tracts located in the Sarah Gray Survey, Abstract No. 5585 Fort Worth, Tarrant County, Texas according to the deed recorded in Instrument No. D208468712, Deed 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 Drainage Plan/Subdivision Plan known as Honda of Burleson, 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; RETAINING WALL MAINTENANCE AGREEMENT Rev. 4/2007 OFFICIAL RECORD CITE' SECRETARY :T. WORTH, TX 06-21-10 A09:32 IN 1 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 construct the Facility at no expense to the City of Fort Worth in accordance with the design specifications for the Facility, attached as Exhibit `B", which the parties agree conform to the current standards in force and effect in the City of Fort Worth. After construction of the same, the Landowner shall adequately maintain the facility. 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, and the portions thereof (if any) that need 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. Landowner shall provide to the City a written response within 10 business days indicating a list of repairs to be made to the retaining wall, unless such deficiency poses a health and safety risk, as deemed by the City and in which case Landowner shall make sure repair as soon as reasonably practicable. 4. In the event the Landowner, its successors and assigns, fails to adequately maintain the Facility (as defined above) and such failure continues following notice thereof from the City to Landowner, the City, its authorized agents and RETAINING WALL MAINTENANCE AGREEMENT Rev. 4/2007 2 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. Notice shall not be required for the City to enter and take action if any imminent health and safety risk is posed due to Landowner's failure to maintain. 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 adequately maintained as defined above. 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, 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 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 LANDOWNER OR ANY FUTURE OWNERS OF THE ABOVE FACILITITY PROPERTY TO RETAINING WALL MAINTENANCE AGREEMENT Rev. 4/2007 3 MAINTAIN THE RETAINING WALL IN ACCORDANCE HEREWITH, OR AS A RESULT OF ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (I) 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 Property, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any property owners association. Executed thisday %J 20 �� . Landowner HBT Land Kenneth L. S Contract Authorization (-PI1�1►� Date RETAINING WALL MAINTENANCE AGREEMENT Rev. 4/2007 City City of Fort Worth Fernando Costa Assistant City Manager Approved as to Form and Legality AA r A� Assists t City Attorney V n OOt vQ� o a C ty Secretary A 0 OFFICIAL RECORD CITY SECRETgRY FT. WORTH, TX 0 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on this days of 20,[OL� by Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. EVQNIA.DANIELS MY COMMISSION EXPIREStJOty 10, 2013 L STATE OF TEXAS COUNTY OF TARRANT otary Public, State of Texas Before me, the undersigned authority on this � day of ti � . 20 ►l b personally appeared Kenneth L. Schnitzer, Manager, 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 HBT Land LLC, and that he executed the same as its Manager and as the act of such HBL .and LLC and for the purposes and consideration expressed in the foregoing instrument. DONNA J MORRI= My Commis:Ion Expini May 10, 2011 Notary Public`; State of Texas RETAINING WALL MAINTENANCE AGREEMENT CJ Rev. 4/2007 EXHIBIT "A" 2' RETAINING WALL EASEMENT LOT 1, BLOCK 1 HONDA OF BURLESON ADDITION BEING 184 SQUARE FOOT (0.004 ACRES) TRACT OF LAND LOCATED IN THE SARAN GRAY SURVEY, ABSTRACT NO. 558 AND BEING A PORTION OF A CALLED 10.920 ACRE TRACT OF LAND DESCRIBED IN DEED TO HBT LAND, LLC, RECORDED IN DOCUMENT N0. D2084687121 OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS$ COMMENCING AT A 1/2" IRON ROD WITH A PLASTIC CAP STAMPED "SPIARSENG" SET FOR CORNER IN THE COMMON LINE OF SAID 10.920 ACRE HBT LAND, LLC TRACT AND SAID SAM G. MCCALL TRACT, SAID POINT ALSO BEING THE COMMON CORNER OF A TRACT OF LAND DESCRIBED AS (THE NORTH PARCEL AND THE SOUTH PARCEL) TO THE CITY OF FORT WORTH, RECORDED IN VOLUME 9501, PAGE 449, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS; THENCE SOUTH 25'40'44" wEsr, A DISTANCE OF 130.72 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 65*21157" EAST, A DISTANCE OF 53.26 FEET; THENCE SOUTH 2e38'03" WEST, A DISTANCE OF 4.86 FEET; THENCE SOUTH 61*06*51" EAST, A DISTANCE OF 5.64 FEET; THENCE SOUTH 51004'35" EAST, A DISTANCE OF 6.11 FEET; THENCE SOUTH 39*25933" EAST, A DISTANCE OF 6.81 FEET, THENCE SOUTH 24'24'14" EAST, A DISTANCE OF 11.12 FEET$ THENCE SOUTH 31*41100" EAST, A DISTANCE OF 2.23 FEET; THENCE NORTH 75*28'39" EAST, A DISTANCE OF 1.59 FEET; THENCE SOUTH 21*33'25" EAST, A DISTANCE OF 2.02 FEET; THENCE SOUTH 75028'39" WEST, A DISTANCE OF 3.31 FEET; THENCE NORTH 31*41900" WEST, A DISTANCE OF 3.84 FEET, THENCE NORTH 24*24114" WEST, A DISTANCE OF 10.99 FEET; THENCE NORTH 39.25'33" WEST, A DISTANCE OF 6.34 FEET; THENCE NORTH 51*0435" WEST, A DISTANCE OF 5.73 FEET; THENCE NORTH 61.06'51" WEST, A DISTANCE OF 7.32 FEET; THENCE NORTH 2e38'O3" EAST, A DISTANCE OF 4.71 FEET; THENCE NORTH 65.21257" WEST, A DISTANCE OF 50.28 FEET; THENCE NORTH 01*18'36" WEST, A DISTANCE OF 2.22 FEET TO THE POINT OF BEGINNING AND CONTAINING 184 SQUARE FEET OR 0,004 ACRES OF LAND, MORE OR LESS. * This exhibit is not to be filed as separate instrument. Easement will be Piled with Plat. *For Reference Only* Exhibit "A" 2' Retaining Wall �E,mi Lot 1, Block 1 Honda of Burleson Addition SHEET 1 OF 2 A Survey p{at of even date hereby accompanies this description. 0 DARREN K. BROWN \A 5252 p f9ti,,0, `s,�'E S t1 v% (A b0 ,IG 121GHS Y4AY) 1/2° I.R.S.C. LEGEND 13ot1nclary Une'fabta Line # Length D1rdovon L1 53.26' 965" 21' 57'E L2 4.86' S24° 38' 03'W L3 5,64' 5610 06' SP'E L4 681P 551" 04' 35"E L5 0481, 93W 25' 35 E L6 11.12' 524P 24' VVE L7 2.23' 931" 41' 00"E L8 1.59' N75" 2W 39"E L9 2.02' 921" 33' 25" E L10 &M 9750 28' 39'W L11 3,84' N31" 41' LVW L12 10,9W N24"2414'W L15 6.34' N39" 2W 33" W L14 53V N51" CW 36W L15 7,52' NOV 06' 51'W L10 4.71' N24" 38' 03" E L17 50.28' NOW0 21' 57W L18 2.20 NO? IN 30 W VOLUME 5486, PAGE 273 O,P.R.T.C,T. Land Use: Vacant Zoning: I — Industrial I-35 Corridor Overlay District z r m z I'Ol NJ OF CO A ENCING POINT OF BEGINNIt 2' t�etainfng Wallies L Easement D*00�4" ACKE0 \ (154 SQ.FT.) PROPOSED \ HONDA OF BURLE50N LOT 1, BLOCK 1 HOT I.AND, LLC DOC. NO, D208468712 O.P.R.T.C.T. � L15 L6 14 13 —~ L12 LS IL11 L9 L10 \ n vp o m CAPPED IRON ROD SET O.P.R. T.C.T.—OffICIAL PUBLIC RECORDS TARRANT COUNTY TEXAS A legal description of even date hereby accompanies this Plat. Exhibit B FP 2' Retaining Wall Saeemenst E O F r Lot 1, Block 1 �P wri,STj�RFF+ Honda of Burleson, _„.°" Q Addition SHEET 2 OF 2 �DARREN K. BROWN f - up5252� �P EiZ7G 2xvEER�1yG �/�^ .., G4 Basis of Bearings is derived from using the WDS GPS 1Vetwork, EXHIBIT "A" 2' RETAINING WALL EASEMENT. LOT 1, BLOCK 1 HONDA OF BURLESON ADDITION BEING 212 SQUARE FOOI' (0,005 ACRES) TRACT OF LAND LOCATED IN THE SARAN GRAY SURVEY, ABSTRACT N0. 558 AND BEING A PORTION OF A CALLED 106920 ACRE TRACT OF LAND DESCRIBED IN DEED TO HBT LAND, LLC, RECORDED IN DOCUMENT NO, D2084687121 OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 1/2" IRON ROD FOUND AT THE COMMON EAST CORNER OF SAID 10.920 ACRE HBT LAND, LLC TRACT AND THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO BURLESON FIVE STAR PROPERTIES, L,L,C., RECORDED IN VOLUME 13540, PAGE 130, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS; THENCE SOUTH 89'12'33" WEST, ALONG THE NORTH LINE OF SAID BURLESON FIVE STAR PROPERTIES TRACT A DISTANCE OF 120oO9 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89*12'33" WEST, A DISTANCE OF 2,00 FEET; THENCE NORTH 00*32038" WEST, A DISTANCE OF 21.98 FEET; THENCE NORTH 89927'22" EAST, A DISTANCE OF 34.00 FEET; THENCE NORTH 00*32*38" WEST, A DISTANCE OF 25.99 FEET; THENCE NORTH 68*26035" EAST, A DISTANCE OF 25.56 FEET; THENCE SOUTH 21933'25" EAST, A DISTANCE OF 2.00 FEET; THENCE SOUTH 68026'35" WEST, A DISTANCE OF 24.19 FEET; THENCE SOUTH 00*32'38" EAST, A DISTANCE OF 26,62 FEET; THENCE SOUTH 89*27'22" WEST, A DISTANCE OF 34.00 FEET; THENCE SOUTH 00*32'38" EAST, A DISTANCE OF 19.97 FEET TO THE POINT OF BEGINNING AND CONTAINING 212 SQUARE FEET OR 0.005 ACRES OF LAND, MORE OR LESS, * This exhibit is not to be filed as separate instrument. Easercaent will be filed with Plat. *For Reference Only* Exhibit "A" 2' Retaining Wall Easement P G `02. ,, 1. Lot , Block 1 Honda of Burleson ����° Addition SHEET 1 OF 2 �DARREN K. BROWN Y' s mro If O ��A 5252 P �" �i NGSNRG , a �X EEESN9 �FES S��l!--� A SWU 2J0 Plano, iX 7l071 S U �7 971 422,0077 Fax (972) 422-0075 f ) A Survey plat of even date Z RAWN BY ICHECI(EDBY1 SCALE I DATE I JOB NO, hereby accompanies this BLM I DK8 I 1"=60' 119ApR10 1 08-090 description. . \ 7 FROPOSED HONDA 0F: DUKLESON LOT 10 BLOCK 1 \ HBT LAND, LLC DOC, N0. 0208468712 _ O.P.R.T.C.T. 2' Ketalning (Nall L23 ( L24 Easement N L25 0.005 ACKE5 ( L21'N J ,1r (212 5Q.FT) L 0 L2& L27 S 89612'3r W " 120.09' FND 1/r" L19 POINT OF 0000 _o= COMMENCING Boundary Une Table B EGINNIN o G W � Line # $2r249ErN00* iraWon X N o DUP�L E.6014 FIVE 1'Ai r°KOr��.RM O, Lil..,r,. L19 ° 12' 33'YV VOLUME 13540, PAGE 130 O.P.R.T.C.T. L20 32' 3& W a .n Land Use: Vacant Zoning: C — Commercial LZt ° V 22" 1 r_ -=1 j L22 32* WWdoe zL23 ° 20t 3FE "' mL24 33' 26"E L25 24.19' SW 26' W' W L26 26.62, S00° 32' MI E L27 34,00' 5590 27' 22 W L20 19.97 SW 30 35T ` LEGEND I.R.S.C.-1/2" CAPPED IRON R00 SET O.P.R.T.C.T.—OFFICIAL pUBL.iC RECORDS TARRANT COUNTY TEXAS A legal description of even date hereby accompanies this Plat. Exhibit "B" 2' Retaining Wall FmewmTrunt Lot 1, Block 1 Honda of Burleson Addition C,L,ccr � .,r Basis of Bearings is derived from using the WDS GPS Network. 0 o� .�` F° vWas" i DARREN K. BROWN �- °Fess�D; O MATCHLINE CSA i §s ids $e r€ I j t 3 ° aa g¢ . $ #i y a 7 `K5 4 yl. y d ` $ Gr Ky ys�_ £$9 fC6M1A e Ys $ Nsit N A pgy § a�" ya I, it t 1o.r$ 9' a sg99Y Rath i 9 wro a 9 a a_ Y F �� Mol iIF $ a S S ^ d22i$g}a ;a11 !q@ F9 i3 2F s ra t Toil 1 3 rp; R96 Y• 73 $� SK'g e 3 0� a' �Y a s i e 4 as;� i:e$ �g;$ '- g } ggg ;fa€"$ t $ $ I3$ i° s3 �6$Yti$ filq'$jS gA s 9 it yyg gg77�r ' y! a®6 Z e•�y S Ie3el �$• g�P� vj 8 HONDAOF BURL656N CITY OF FORT WORTH o DRAIIVAGE PLAN HONDA OF BURLESON 832 N. SURLESON SLVD. BURLESON,TX ISSUE FOR CONSTRUCTION 0228.10 M&C Review Page 1 of 1 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA DATE: CODE: FORT V�ORTH -- COUNCIL ACTION: Approved on 6/15/2010 6/15/2010 REFERENCE **C-24264 LOG NAME: 20ROWE6229HBTLANDRWMA NO.. C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize a Retaining Wall Maintenance Agreement with HBT Land LLC, for the Property Located at North Burleson Boulevard East of I-35 and South of McCall Street At No Expense to the City of Fort Worth (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council authorize the execution of a retaining wall maintenance agreement with HBT Land LLC, for the property located at North Burleson Boulevard east of I-35 and south of McCall Street. DISCUSSION: HBT Land LLC, is the owner of a 10.920 acre tract of land upon which it will construct two retaining walls. The two retaining walls shall serve the Honda of Burleson Addition. The retaining walls are necessary to prevent soil erosion and maintain land elevation for the proposed development. The terms of the Maintenance Agreement will ensure proper maintenance of two constructed retaining walls by the landowner HBT Land LLC, at no cost to the City. The retaining walls are located on North Burleson Boulevard East of I-35 and South of McCall Street (DOE 6229). The property is located in COUNCIL DISTRICT 8, Mapsco 119X. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: ATTACHMENTS 20ROWE6229HBTLAND. pdf FROM Fund/Account/Centers Fernando Costa (6122) William A. Verkest P.E. (7801) Jill D. Griffin (6253) http://www.fortworthgov.org/council�acket/mc_review.asp?ID=13549&councildate=6/15/2010 6/16/2010