The URL can be used to link to this page

Home My WebLink AboutContract 38387-A2 SECRE TARY AMENDMENT CONTRACT NO- TO CITY SECRETARY CONTRACT NO.38387 MAINTENANCE AND LANDSCAPING SERVICES AGREEMENT This AMENDMENT TO CITY SECRETARY CONTRACT NO. 38387, AGREEMENT FOR MAINTENANCE AND LANDSCAPING SERVICES is entered into by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas located within Tarrant, Denton, and Wise Counties, Texas (hereinafter referred to as the "City"),). and CARLYLE/CYPRESS WEST 7TH, LP, a Texas limited partnership (hereinafter referred to as "Developer"). RECITALS WHEREAS, the City of Fort Worth ("City") and Carlyle/Cypress West 7"', LP ("Developer") made and entered into City Secretary Contract No. 38387 ("CSC No. 38387) authorized by City Council by M&C C-23386 on March 10, 2009 to allow for the construction of non-standard parkway improvements in the project and for the private maintenance of the hardscape and landscaping in the right-of-way by the Developer; and WHEREAS, a decorative street pavement and special pavement treatment for various streets within the Project Site which is beyond the City's normal policy and procedures related to street pavement is proposed to be installed pursuant to parkway permits to be issued by the Transportation and Public Works Department; and WHEREAS, the responsibility for the maintenance of the decorative street pavement and special pavement treatment is not clearly addressed in CSC No. 38387; and WHEREAS, it advisable to execute this Amendment to CSC No. 38387 to revise section 2.02, to add subsection k to provide that certain areas within the public street and right of way are to be installed and maintained by the Developer. NOW THEREFORE, City and Developer, acting herein by and through their duly authorized representatives, enters into the following that amends CSC No. 38387: RECORIJ 13 C R11- RY H, TX Section 2.02 is amended to add subsection k related to the maintenance of decorative street pavement and special pavement treatments within the Project Site, to read as follows: Developer represents that it has or will secure, at its own expense, all materials, supplies, machinery, equipment, tools, superintendence, labor, personnel, insurance, and other accessories and services necessary to provide maintenance of the following elements ("Improvements"), all of which are to be installed pursuant to and as more particularly described in the Construction Contract between Developer and Conatser Construction, Developer's General Contractors, which contract is the subject of Community Facilities Agreement Contract Nos. 36292 between Developer and the City of Fort Worth Transportation and Public Works Department (such Construction Contract and Community Facility Agreement Contracts are referred to herein as "Contracts") and Parkway Permit Nos. 127244, 127246, 127247 and 129491 issued by the Transportation and Public Works Department: a. Maintain landscaping and private irrigation systems, components, and sumps. Remove and replace dead vegetation. Make sure any cracks in sidewalks are weed free. Trees and shrubs need to be trimmed and pruned according to their species. Make sure trash is picked up on a regular basis. b. Maintain special sidewalk, ADA ramps, brick pavers, and pavement treatments. c. Maintain seating walls, newsracks, trash receptacles, benches (all types), waterproof outlets, handrails, Bollard's, signage, conduits, lighting, and all private utilities. d. Maintain designated on-street parking. e. Maintain all PVC stub outs and drain lines connected to City storm drain inlets. f. Maintain lights attached to buildings including string lights and wall sconces. g. Maintain landscape uplights, step lights, led ingrade lights, and Ballard lights. h. Maintain all the tree well types i. Maintain Banners attached to Street lights according to City policy. j. Maintain all sleeves. k. Maintain decorative concrete street pavement and special pavement treatments, which includes all required materials for pavement construction for various public streets within the Project Site as further described in Exhibit "B", attached hereto and incorporated into this Agreement. 2. All other provisions of the Agreement -which are not expressly amended herein shall remain in full force and effect. EXECUTED on this the day of 2009. -2- ATTEST: CITY OF FORT WORTH: t i Marty Hendri Fernando Costa City Secretary Assistant City Manager APPROVAL RECOMMENDED: Approved ash I nd Legality: E. Melinda Ramos William Ve est�P Transportation and Public Works Assistant City Attorney Department Director CARLYLE/CYPRESS WEST 7TH, LP a Delaware limited partnership NO IL; ME, By: Carlyle/Cypress West 7h GP, LLC, a Delaware limited liability company, its general partner By: Carlyle/Cypress Retail 1, L.P., a Delaware limited partnership, its Sole Member By: Cypress Equities, LLC, a Delaware limited liability company, its Ge al Part er By: its Ge al 4Part,er Name: Title: L R RD -3- 13-CR -7n E Al V Of T K ACKN0W1,FDCXMv 'T STATE OF TEXAS § Dr�L-L-"�k� COt,N, TY OF T�V�- § BEFORE ME the undersi znevi authority. a Notary Publi6lin and for the State of Texas, on this day personally appeared A, -a �j i pKi"'L'A —_'; �') \', � known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged_�o me that the same was the act of'��Prcs 't'' L' L-c and that he;she executed the ckl( same as the act of said u LL-1- JT % or the purposes anq consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20pj L SOL C""-� "� 1 ('1 10 all Mv corr#Tasior EADJes Notary Public in and f the�State of Texas sFr -'iEe, �v rw Jr U ACKNOWLEDGEMENT s V+ STATE OF TEXAS § COUNTY OF TA NT § BEFORE ME, the undersigned authority, on this day personally appeared Fernando Costa, Assistant City Manager of the City of Fort Worth, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this—gk:! day of 20_0,q Not Public in and for the rate of Texas otary Public in and —LANE 4- AlISHANNrl ONV H-U -LN3V4dOl3 1 30 9Sn 03X Hlt iSDAA W J,I C/) �-� -il 7111 U) F- U) It IALCIL.i-� L J C) 4 cia L LU -T- C> j �71 CIO Z" U) uj (33 ry RO-'V[-EO 1008d Sv)(31 H_LHom'iHo:l ,k-LISHAMNA(INV Hiz F HIL IS3AA 7,, LLJ 4 t 4 A J: r vt V < 7� ir RO-VHM Wodd SV)(3i HIHOAA 1HO.4 cn t.-ISHAAINn ONV HiL INAVvdolll�',Aa�4,Srj C,:3XjVq Hl�iS:IAA i A� t77�� K C-4 Of LL- 0 F z LLJ CL 'NT- x. --- ----- --- ov, 7 xv, ffi -17 Ro-"-Co iooHd St xgi iHOA X!lS8AAJNn(INV Hl-, f IN �sn 3XIIN HiZ IS3AA --T E 44 4 p et I 4 4)1 jt lk 4 ROI'110 1008d Sv)GI, Hi,40�,ffLlio-1 Ai[SHAAINn ONV H iN-3NdOlAA9(3 ASTI,aly Hil-ISTO it j, ..t, C4 XA- �,z X IT -44 V $C7 ht To,t008d r bJ HI// FF ppAA J j i $ t K u s l :i re' z � � F = 6 x L s n } }} x }3 + p I 1 t a i x w I1 t i - n..a } I I � t x } E k t . _ IA CITY OF FORT WORTH RIGHT OF WAY & EASEMENT TEAM ' , 8851 CAMP BOWIE BLVD, 3RD FL FT WORTH TX 76116 Submitter: CITY OF FORT WORTH/RIGHT OF WAY AND EASEME SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. F O-F.o R qo, istration: 06/2 12009 11:18 AM Instrum t#: D20 67745 A '-W 11 PGS $52.00 By- �f �.III��I��I��lllll VIII Illl VIII VIII VIII'I VIII IYII� IIN III,I D209167745 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Printed by: DS M & C: DATE r DOE �a 0