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HomeMy WebLinkAboutContract 55289 Date Received: 02/10/2021 City Secretary Time Received: 11:57 am Number: 55289 RETAINING WALL MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this loth day of February 2021 by and betwccnLGI Homes - Texas, LLC, acting by and through Cheryl (Elaine) Torres, 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 174.76 square foot tract located in the Nathaniel Holbrook Survey, Abstract 647, Fort Worth, Tarrant County, Texas according to the deed recorded in Document Number D219248021, 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 Site Plan/Subdivision Plan known as Vista West 11, Phase 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; OFFICIAL RECORD CITY SECRETARY RETAINING WALL MAINTENANCE AGREEMENT FT.WORTH,TX Rev.11/19/2020 JLE 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; 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 pernussion 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 RETAINING WALL MAINTENANCE AGREEMENT 2 Rev.11/19/2020 JLE 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. 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 RETAINING WALL MAINTENANCE AGREEMENT 3 Rev.11/19/2020 JLE 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 on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any property owners association. [REMAINDER OF THIS PAGE TO REMAIN BLANK] RETAINING WALL MAINTENANCE AGREEMENT 4 Rev.11/19/2020 JLE Executed this loth day of February 20 21 CITY: LANDOWNER: Dana Burghdoff(Feb 10,20 09:05 CST Dana Burghdoff, Asst. City Manager Elaine Torres, Officer City of Fort Worth LGI Homes - Texas, LLC Date: 2-10-2021 Date: Approved as to Form and Legality: Chrlsfia R LonPz-Reynolds Christa R.Lopez-Reynolds(Feb 9,202116:36 CST) Christa Reynolds, Sr. Asst. City Attorney City Attorney's Office Date: 2-9-2021 gd44�p11�� ATTEST: ap FORT as 00°00000°0��A o° w Ift° °0 �0��0`l � C70h'T,�L2J �vo o=� Contract Compliance Manager: 'for Ronald P.Gonzales(Feb 10,202111:34 CST) P $ o d P�° mod By signing I acknowledge that 1 am the Mary Kayser, City Secretary City Secretary's Office �a11�EXp person responsible Soap for the monitoring and administration of Date: this contract, including ensuring all performance and reporting requirements. Janie S. Morales, Planning Manager Development Services Date: 02/02/2021 OFFICIAL RECORD CITY SECRETARY RETAINING WALL MAINTENANCE AGREEMENT FT.WORTH,TX Rev.1 111 9/20 2 0 JLE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on February 10 20 21 by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth, LAURIE Digitally signed by LAURIE PEQUENO LEWIS o�PaYP�eG LAURIE PEQUENO LEWIS PEQUENO LEWIS Date:2021.02.1010:1539-06'00' a Notary Public + • STATE OF TEXAS Notary Public State of Texas Notary I.D. 132278952 ' My Comm.Exp.Dec. 10,2023 STATE OF TEXAS Q f § 1;� COUNTY OF Td�T § Before me, the undersigned authority on this day personally appeared ��n`,►w�df�s 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 LGZ u�•.ts — 7es LLB , and that he executed the same as its QT,C-'j and as the act of such LG,z _s and for the purposes and consideration expressed in the foregoing instrument. �`"""''`�• THERESA DONIA f �^ m? y Notary Public, State 7-2022 Texas Notary Public, State of Texas Comm. Expires 03-07 Notary ID 124914904 OFFICIAL RECORD CITY SECRETARY RETAINING WALL MAINTENANCE AGREEMENT FT.WORTH,TX Rev.1111912020 JLE EXHIBIT "A" INSERT LEGAL DESCRIPTION RETAINING WALL MAINTENANCE AGREEMENT 7 Rev.11/19/2020 JLE LEGEND: EXHIBIT "All CITY OF 0.P.R.T.C.T. OFFICIAL PUBLIC RECORDS OF FORT WORTH J Z_ TARRANT COUNTY, TEXAS D.R.T.C.T. DEED RECORDS OF TARRANT COUNTY, TEXAS INST. NO. INSTRUMENT NUMBER WEST FL' PROPERTY LINE PO/NT (C.M.) CONTROLLING MONUMENT �y S IT E 200' 0' 100' 200' __— NOTES. OLD WEATHE--RFORD RD 1. THIS EXHIBIT IS ISSUED IN CONJUNCTION WITH A METES AND BOUNDS DESCRIPTION PREPARED SCALE: 1"= 200' UNDER JOB NO. 70113-01 BY PAPE—DAWSON ENGINEERS, INC. LOCATION MAP NOT-TO-SCALE 2. THE BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM ESTABLISHED FOR THE NORTH CENTRAL ZONE (4202) FROM THE NORTH AMERICAN DATUM OF 1983 NAD 83 NA2011 EPOCH 2O10.00. TRACT B ( ) LGI HOMES-TEXAS, LLC INST. NO. D219248021 O.P.R.T.C.T. CITY OF FORT WORTH a�PA ���Q RETAINING WALL �P o� of MAINTENANCE ( Li AGREEMENT AREA POINT OF 07 �a J 0.0280 ACRES (1219 SF) BEGINNINGL, FOUND 1/2" IRON ROD W/ S111g'03 py YELLOW PLASTIC CAP I 612.31, "PAPE DAWSON" (C.M.) 10) FOUND 1/2" IRON ROD W/ w SEE DETAIL 'A' YELLOW PLASTIC CAP 3 M "PAPE DAWSON" (C.M.)_I_ 30 o 00 g POINT OF p S g OD N COMMENCING Z N Z Do 9 zPC uj S00'11'15"E 502.84' SOO'11'15"E 697.22' �Z a FOUND 1/2" IRON ROD W/ FOUND 1/2" IRON ROD W/ t�N -, J UJ'V)p m 1-:n YELLOW PLASTIC CAP YELLOW PLASTIC CAP p r z o N y In "PAPE DAWSON" (C.M.) "PAPE DAWSON" (C.M.) NdJ0�N TRACT C 0 0 .o LGI HOMES-TEXAS, LLC z=z w INST. NO. D220278250 ` a O.P.R.T.C.T. / \ CURVE TABLE CURVE RADIUS DELTA CHORD BEARING CHORD LENGTH /L1 1 Cl 60.00' 106'33'35" S23'49'38"W 96.19' 111.59' I l C2 70.00' 108'09'15" N24'37'28"E 113.37' 132.14' 1 LINE TABLE SYMBOL LEGEND LINE BEARING LENGTH DE NASL 'A' FOUND IRON ROD (AS NOTED) L1 S01'50'34"E 10.16' oa r PAPE-DAWSON L2 S60'32'46"W 10.00' E gns ENGINEERS _J s 06 r DALLAS I SAN ANTONIO I AUSTIN I HOUSTON I FORT WORTH " 5810 TENNYSON PKWY,STE 425 1 PLAIIO,TX 75024 1214.420.8494 REVISED: JANUARY 26, 2021 PAGE 1 OF 3 'g TBPE FIRM REGISTRATION N470 1 TBPLS FIRM REGISTRATION V10194390 JANUARY 19, 2021 JOB No.: 701 13-01 tl.. $� THIS DOCUMENT HAS BEEN PRODUCED FROM W17ER4Y THAT WAS STORED AND/qt TRANSNITIED EIECTRp11CAI1Y AND MAY HAVE BEEN INADVERTENTLY Al1EAED. RELY ONLY ON FINAL HARDCOPY W17EALILS BEAPoNO 1HE CONSIILTAN75 OPopNAL SIGNATURE AND SEAL rdPAPE-DAWSON ENGINEERS , EXHIBIT "A" CITY OF FORT WORTH RETAINING WALL MAINTENANCE AREA BEING a tract of land, situated in the Nathaniel Holbrook Survey, Abstract No. 647, City of Fort Worth, Tarrant County, Texas, and being a portion of Tract B as described in a Special Warranty Deed to LGI Homes-Texas, LLC recorded in Instrument Number D219248021 of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.), and being more particularly described by metes and bounds as follows; COMMENCING at a found '/2" iron rod with yellow plastic cap marked "Pape-Dawson" (controlling monument), being the southeast corner of a called 26.513 acre tract described in deed to White Settlement Independent School District, recorded in Instrument Number D206230768 in the Deed Records of Tarrant County, Texas (D.R.T.C.T.), some point being an angle point on the westerly line of said Tract B; THENCE, S 89°18'01" W, with the south line of said called 26.513 acre tract and the westerly line of said Tract B, a distance of 200.04 feet to a found '/2" iron rod with yellow plastic cap marked "Pape-Dawson" (controlling monument), a re- entrant corner on the westerly line of said Tract B; THENCE, S 00°1 1 ' 15" E, departing the south line of said called 26.513 acre tract, along and with the west line of said Tract B, a distance of 502.84 feet; THENCE, Over and across said Tract B, the following bearings and distances: N 89°01 '34" E, a distance of 369.56 feet to the POINT OF BEGINNING; S 01°50'34" E, a distance of 10.16 feet to the beginning of a non-tangent curve to the left; Southwesterly, along said curve to the left having a radius of 60.00 feet, a central angle of 106033'35", a chord bearing and distance of S 23049'38" W, 96.19 feet, and an arc length of 1 1 1 .59 feet to a point; S 60°32'46" W, a distance of 10.00 feet to the beginning of a non-tangent curve to the right; Transportation I Water Resources I Land Development I Surveying I Environmental telephone: 214-420-8494 address: 5810 TENNYSON PARKWAY, SUITE 425 PLANO, TX 75024 website: PAPE-DAWSON.COM Dallas I San Antonio I Austin I Houston I Fort Worth Texas Engineering Firm#470 Texas Surveying Firm#10194390 Page 3 of 3 EXHIBIT "A" Northeasterly, along said curve to the right having a radius of 70.00 feet, a central angle of 108'09'15", a chord bearing and distance of N 2403728" E, 113.37 feet, for an arc length of 132.14 feet to the POINT OF BEGINNING, and CONTAINING 0.0280 of an Acre or 1,219 Square Feet of land more or less, and being as described in accordance with a survey made on ground and accompanied by an exhibit or survey map prepared under job number 70113-01 by Pape Dawson Engineers, Inc. The Bearings are based on the Texas Coordinate System established for the North Central Zone (4202) from the North American Datum of 1983 NAD 83 (NA201 1) epoch 2010.00. For Pape Dawson Engineers, Inc. ..F TF Co MAR COS A. MAD RID Marcos A. Madrid A 6740 Registered Professional Land Surveyor 9 '•. Ess� ..• O Texas Registration No. 6740 SUR\]�y Firm Registration No. 10194390 Pape Dawson Engineers, Inc. 5810 Tennyson Parkway, Suite 425 Plano, Texas 75024 Tele. 214-420-8494 Email: mmadrid@page-dawson.com Certification Date: January 19, 2021 Revision Date: January 26, 2021 THIS SURVEY SHOULD BE CONSIDERED NULL AND VOID WITHOUT AN ORIGINAL, DATED, WET INK SIGNATURE AND AN ACCOMPANYING IMPRESSION SEAL OF THE REGISTERED PROFESSIONAL LAND SURVEYOR. rdPAPE-DAWSON ENGINEERS Z ID =a� v�z a z o a ; o�W VW u�i� g ��� .Z wy o -H. - - a " _ _ > _ . . m - LLohe Cc 4b - ai o - o= oz �W >a O P m wccJ w � UPo w a mY4 z ¢ 0 g «w22 w o d / �"' J�/\ ��m r �6 Z \ \A'00� 8� LU �s AJ� Wol / e 10 LLLU z W a i6y6 � ti c/ ,gc ae ° FQ�� E5�� 90y - ry e m �o N� Ll 000 � � o Aa NOISIA3a I 3M'ON I 08CLL SVX31 S0NV1000M 3H1 ants ivsitisi Q erg m, NHS 3iis�oH�vd ..,e.� 0£b 311ns '3AId(1 SNI8SOd 3NVl OSbI zeJ�[.axTaawa,�in 011 VX31 — S3W0H l ' ]P3 m Naa P Y Pi i au N zZ[ 1 e W m�-m 'S30 '3 8 StlX31'AWf10J 1Ntl821tl1'H180M laOJ ~ Z 18 L 3StlHd II 1S3M tl1SIA Aa 31W Sllb'M ONINN13H AHNOS'V" '�o d— % , t "o An ;•o ; S "��u�tb F'• � �s ea RUM, g•aaza" ---- - oLMa E• C _ _ •b A A A iiiiiiii S . i a W �1111II III a f III 3 — 31 �Illi ���9�• - ? �.R€ a xz S € ^ a b b b b b b b b b b b b b F _Iff m a 'FS su4k y Wo z�c3f Y4 4 tl N�= Wa R o Yba k9�a III—IIIIT _II � � p .. a� III=1' i:•b:�b .�•_ k F Vs gn -s= 8e G���. • N y :" .'flILL i8: ri INW aetX �W =II—ge m 3 1 7 e �;�`ezl im 3 z3 5 •0-,e�xm m•-1 H ^ $ 3 _0_, i 3; tt u� S Al uR O�G YS ffiy&� G8 9��•�e4 m6 GW gE fl tgj o 3Eis - W k 3 R LL �IH 11 11 111 III I�— k� � Egg 3J 3 - n IIIIIII III II o00 II � o a Irlll= E9 gg .a• .b: � x x z 30e• •bbb IN _o - s_ F ��� �a �• sa�� s� � � WWI ,s•} � 6 'zsi ^� :�g8 ? • irz a ebb a b b b is $ i tu;