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HomeMy WebLinkAboutContract 48998 � 6 8 �o C+ITY SECWAW I( i 191 DOE # s�GRE Mf' ING WALL s CE AGREEMENT THIS AGREEMENT, made and entered into this _L day of 11 , by and between Larry Dague , acting by and through _Larry Dague Real Estate Holdings, LLC_, 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_73,670_square foot tract located in PARK VISTA BUISNESS PARK ADDITION: BLOCK 4, LOT 1, _, Fort Worth, Tarrant County, Texas according to the Plat recorded in Yolume 13077, Page 505_, _Deed # D215154484_ 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 _GATSPLAT INDOOR PAINTBALL FIELDS_, 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; EOFFICIALCORDETARYRETAINING WALL MAINTENANCE AGREEMENT H,TX Rev.12/2016 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 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 RETAINING WALL MAINTENANCE AGREEMENT 2 Rev.12/2016 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.12/2016 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. Executed this_day of _201-4 . Landowner City City of Fort Worth Name: Jesus "Jay" Chapa Assistant City Manager Title :��1�p,�� Approved as to Form and Legality ' I ' Assistant ity Atto ey ATTEST ity SecftFy CAS RETAINING WALL MAINTENANCE AGREEMENT Rev.12/2016 OFFICIAL RECORD 4 CITY SECRETARY FT.WORTH,TX City of Fort Worth Contract Compliance Manager; By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name of Employee �:)S/5- Title STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 1 2017 by Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. s ±�pv p� iLINDA M, HIRRLINGER S Notary Public,State of Texas otary Public, State of Texas Comm.Expires 02-02-2018 Notary ID 12414474-6 STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this day personally appeared 4.-A. 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 and that he executed the same as its and the act of such and for the purposes and consi e t' r s ja'nlht faregouni instrument. DOROTHY STEPRNS Notary ID#12SM12 My Commission Expires e+a„� Septsrnber 19,2020 Notary Public, tate of Texas RETAINING WALL MAINTENANCE AGREEMENT 5 Rev.12/2016 V,, ;, ' H,. JPH Land Surveying, Inc. � �,aNd Dallas-Fort Worth * Austin * Abilene �4 Tract Description ci a FIELD NOTES to that certain tract, being all of Lot 1, Block 4, Park Vista ~ Business Park, an addition in the City of Fort Worth,Tarrant County, Texas, {tib according to the plat thereof,recorded in Cabinet A,Slide 5067,Plat Records, e, Tarrant County, Texas, being that same tract described in the deed to Larry S it T N Dague Real Estate Holdings, LLC, recorded under Instrument Number D215154484, Official Public Records of Tarrant County, Texas,the subject tract being more particularly described as follows: BEGINNING at a 1/2 inch capped rebar stamped "LANDES & ASSOCIATES" found at the northeast corner of Lot 1, of Park Vista Business Park, recorded in Cabinet A, Slide 5067, Plat Records,Tarrant County, Texas; THENCE with the perimeter and to the corners of said Lot 1,the following courses and distances: 1. SOUTH 00 degrees 35 minutes 46 seconds EAST, a distance of 385.00 feet to a 1/2 inch capped rebar stamped"LANDES &ASSOCIATES"found; 2. SOUTH 89 degrees 23 minutes 56 seconds WEST,passing at a distance of 15.22 feet a nail set for reference,continuing for a total distance of 35.22 feet; 3. NORTH 27 degrees 40 minutes 16 seconds WEST,a distance of 192.43 feet to a 1/2 inch capped rebar stamped "JPH Land Surveying" set; 4. NORTH 63 degrees 40 minutes 24 seconds WEST, a distance of 144.99 feet to a point from which a nail set for reference bears NORTH 45 degrees 32 minutes 20 seconds EAST, a distance of 35.00 feet; 5. NORTH 44 degrees 27 minutes 12 seconds WEST,a distance of 205.24 feet to a 1/2 inch capped rebar stamped "JPH Land Surveying" set; 6. NORTH 89 degrees 24 minutes 02 seconds EAST, a distance of 394.28 feet, returning to the Point of Beginning and enclosing 1.691 acres(73,674±square feet). Bearings are based on Grid North per the Texas Coordinate System of 1983,North Central Zone. Jewel Chadd Registered Professional a•V • . Land Surveyor No. 5754 x ,. jewel@jphls.com •'°•� ,,.. September 20,2016 ."•' �.~•``' ` Job No. 2015.050.006 Dallas-Fort Worth Austin Abilene 807 Bluebonnet Drive,Suite C 13563 W SH 29,Suite 4 500 Chestnut St.#1621 Keller,Texas 76248 Liberty Hill,Texas 78642 Abilene,Texas 79602 (817)431-4971 (512)778-5688 (325)672-7420 Firm#10019500 Firm#10 194073 Firm#10193867 W W W.JPHLANDSURVEYING.COM JPH Land Surveyine, Inc. w Dallas-Fort Worth * Austin * Abilene EXHIBIT PAGE 1 OF 3 ry FIELD NOTES to that certain tract, being a portion of Lot 1, Block 4, Park Vista Business Park, an addition in the City of Fort Worth, Tarrant County, 11v Texas, according to the plat thereof, recorded in Cabinet A, Slide 5067, Plat Records, Tarrant County, Texas; the subject tract being more particularly 11 x described as follows: BEGINNING at a point in the east line of Lot 1,Block 4 of Park Vista Business Park,recorded in Cabinet A, Slide 5067,Plat Records,Tarrant County,Texas,from which a a 1/2 inch capped rebar stamped "LANDES & ASSOCIATES" found at the northeast corner of said Lot 1 bears NORTH 00 degrees 35 minutes 46 seconds WEST,a distance of 148.02 feet; THENCE SOUTH 00 degrees 35 minutes 46 seconds EAST,with the east line of Lot 1,a distance of 156.85 feet to a point from which a 1/2 inch capped rebar stamped "LANDES & ASSOCIATES" found at the southeast corner of Lot 1 bears SOUTH 00 degrees 35 minutes 46 seconds EAST,a distance of 80.13 feet THENCE through the interior of Lot 1,the following courses and distances: 1. SOUTH 89 degrees 22 minutes 15 seconds WEST, a distance of 13.93 feet; 2. SOUTH 00 degrees 53 minutes 00 seconds EAST,a distance of 20.01 feet; 3. SOUTH 89 degrees 27 minutes 07 seconds WEST,a distance of 15.93 feet; 4. NORTH 27 degrees 34 minutes 17 seconds WEST,a distance of 48.20 feet; 5. SOUTH 89 degrees 45 minutes 57 seconds WEST,a distance of 14.91 feet; 6. NORTH 00 degrees 30 minutes 26 seconds WEST,a distance of 27.02 feet; 7. NORTH 88 degrees 33 minutes 47 seconds WEST,a distance of 15.44 feet; 8. NORTH 00 degrees 28 minutes 06 seconds WEST,a distance of 29.45 feet; 9. NORTH 35 degrees 06 minutes 54 seconds WEST,a distance of 16.34 feet; 10. NORTH 59 degrees 37 minutes 51 seconds WEST,a distance of 41.94 feet; 11. NORTH 47 degrees 43 minutes 49 seconds WEST,a distance of 67.74 feet; 12. NORTH 88 degrees 12 minutes 07 seconds WEST,a distance of 12.15 feet; 13. NORTH 64 degrees 34 minutes 26 seconds WEST,a distance of 14.71 feet; 14. NORTH 00 degrees 41 minutes 52 seconds WEST,a distance of 40.10 feet; 15. SOUTH 89 degrees 36 minutes 13 seconds WEST,a distance of 70.68 feet; 16. NORTH 00 degrees 35 minutes 34 seconds WEST,a distance of 17.79 feet; 17. SOUTH 89 degrees 51 minutes 40 seconds WEST,a distance of 16.43 feet; 18. NORTH 01 degree 14 minutes 32 seconds WEST,a distance of 28.99 feet; 19. NORTH 88 degrees 45 minutes 28 seconds EAST,a distance of 10.00 feet; 20. SOUTH 01 degree 14 minutes 32 seconds EAST,a distance of 19.18 feet; Dallas-Fort Worth Austin Abilene 807 Bluebonnet Drive,Suite C 13563 W SH 29,Suite 4 500 Chestnut St.#1621 Keller,Texas 76248 Liberty Hill,Texas 78642 Abilene,Texas 79602 (817)431-4971 (512)778-5688 (325)672-7420 Firm#10019500 Firm#10194073 Firm#10193867 W W W.JPHLANDSURVEYING.COM PAGE 2 OF 3 21. NORTH 89 degrees 51 minutes 40 seconds EAST,a distance of 16.54 feet; 22. SOUTH 00 degrees 35 minutes 34 seconds EAST,a distance of 17.74 feet; 23. NORTH 89 degrees 36 minutes 13 seconds EAST,a distance of 70.66 feet; 24. SOUTH 00 degrees 41 minutes 52 seconds EAST,a distance of 43.82 feet; 25. SOUTH 64 degrees 34 minutes 26 seconds EAST, a distance of 6.39 feet; 26. SOUTH 88 degrees 12 minutes 07 seconds EAST, a distance of 13.74 feet; 27. SOUTH 47 degrees 43 minutes 49 seconds EAST,a distance of 70.38 feet; 28. SOUTH 59 degrees 37 minutes 51 seconds EAST,a distance of 43.07 feet; 29. SOUTH 35 degrees 06 minutes 54 seconds EAST, a distance of 21.63 feet; 30. SOUTH 00 degrees 28 minutes 06 seconds EAST,a distance of 22.90 feet; 31. SOUTH 88 degrees 33 minutes 47 seconds EAST,a distance of 15.43 feet; 32. SOUTH 00 degrees 30 minutes 26 seconds EAST,a distance of 26.74 feet; 33. NORTH 89 degrees 45 minutes 57 seconds EAST,a distance of 11.04 feet; 34. SOUTH 27 degrees 34 minutes 17 seconds EAST,a distance of 47.60 feet; 35. NORTH 00 degrees 53 minutes 00 seconds WEST,a distance of 19.50 feet; 36. NORTH 89 degrees 22 minutes 15 seconds EAST,a distance of 17.95 feet; 37. NORTH 00 degrees 32 minutes 07 seconds WEST,a distance of 110.56 feet; 38. NORTH 89 degrees 12 minutes 28 seconds WEST,a distance of 4.35 feet; 39. NORTH 00 degrees 22 minutes 03 seconds WEST,a distance of 36.23 feet; 40. NORTH 89 degrees 37 minutes 57 seconds EAST, a distance of 10.12 feet, returning to the POINT OF BEGINNING and enclosing 6,044 square feet. Bearings are based on Grid North per the Texas Coordinate System of 1983,North Central Zone. Jewel Chadd TE Registered Professional Land Surveyor No. 5754 °SERE jewel@jphls.com March 30,2017 Job No. 2015.050.006 ���®�� JPH JO No. EXHIBIT "sem" 2015.050.006 5600 KROGER DRIVE,FORT WORTH,TX- Wall Maintenance Area.dwg BEING A PORTION OF ©2016 JPH Land Surveying,Inc.-All Rights Reserved LOT I. BLOCK 4 807 Bluebonnet Drive,Suite C Keller,Texas 76248 PARK VISTA BUSINESS PARK 12"REBAR Telephone(817 431-4971 www. hlandsurve in .com "LANDES& P C ) JP Y g ASSOCIATES" TBPLS Firm#10019500#10194073#10193867 CABINET A, SLIDE 5067,P.R.T.C.T. DFW Austin I Abilene CITY OF FORT WORTH TARRANT COUNTY,TEXAS LOT 1,BLOCK 4 L20 PARK VISTA BUSINESS PARK CAB.A,SL. 5067 \ L21 P.R.T.C.T. LOT 2,BLOCK 4 CONCRETE PARK VISTA BUSINESS PARK CURB&GUTTER CAB.A,SL.5067 r-+ L22 P.R.T.C.T. C14 06 L18 L24 �I L17 i _ L25 L16 o z L26 \ L27 PO 10'ACCESS EASEMENT L41 13 CAB.A,SL.5067 P.R.T.C.T. 2� 37.5'DRAINAGEIFLOODWAY EASEMENT CAB.A,SL.5067 P.R.T.C.T. ra LOT 1,BLOCK 1 \ KELLER HIGH SCHOOL ADDITION CAB.A,SL.8306 L2\ P.R.T.C.T. L39 LJJ i •Bearings are based on Grid North per CONCRETE Texas Coordinate $ stem of 1983, CURB&GUTTER O CONCRETE Y /O CURB&GUTTER North Central Zone a •P.R.T.C.T.=Plat Records,Tarrant 6,044 SQUARE FEET en L32 •All improvements, monuments and ' a 00 00 easements are not shown hereon. a a Line Data Table Line Data Table Line Data Table M Line# Distance Bearing Line# Distance Bearing Line# Distance Bearing L8 L34 t` LI 156.85' 800°35'46"E L15 40.10' N00°41'52"W L29 43.07 S59°37'51"E a L2 13.93' S89'22'1 FW L16 70.68' S89°36'13"W L30 21.63' 535°06'54"E 1 L3 20.01' S00°53'00"E L17 17.79' N00°35'34"W L31 22.90' SOO°28'06"E L6 C� L4 15.93' S89°27'07"W L18 16.43' S89'5 1'40"W L32 15.43' S88°33'47"E \ s L37 L5 48.20' N27°34'IT'W L19 28.99' N01°14'3TV L33 26.74' S00°30'26"E �1 ----` L6 14.91' S89°45'57"W L20 10.00' N88145'28"E L34 11.04' N89°45'57"E r L2 L7 27.02' N00°30'26"W L21 19.18' S01°14'32"E L35 47.60' S27°34'17"E \ M a W L8 15.44' N88°3347"W L22 16.54' N89°51'40"E L36 19.50' N00153'00"W ;p L9 29.45' N00°28'06"W L23 17.74' 800°35'34"E L37 17.95' N89°22'15"E LA c � °O o L10 16.34' N35°06'54"W L24 70.66' N899613"E L38 110.56' N00°32'07"W \ \ O \ VJ LII 41.94' N59°37'51"W L25 43.82' 800°41'52"E L39 4.35' N89112'28'W L12 67.74' N47°4349"W L26 6.39' S64°34'26"E L40 36.23' N00°22'03"W 0 40' L13 12.15' N88°12'07'w L27 13.74' S88°12'07"E L41 10.12N89°37'57"E L14 14.71' N64°34'26"W L28 70.38' S47°4349"E ti"�n, 12"REBAR "LANDES& Scale: 1"=40' PAGE 3 OF 3 ASSOCIATES" "As BUILT ' RETAINER WALL FOR 13ATSPLAT PAINTBALL 5600 KROGER DRIVE FORT WORTH, TEXAS 3/6/2017 12' 2-#4 VERT. REBAR SPACED 16" ON CENTER CONCRETE PAVING _ �, _,, 2-#4 CONT. i i ,r —h�=I11 1I! fIr-: F 11I—= ,,- • __ ' ' �—III=I 1 I-1 11=; t-1 11=! i=( ? 1I MIIMIIMlMII—III;IiI— #4 DOWEL I— I_I I==Ill=,l a ;, 18 ON CENTER i I7�=1 1=IIE= 1 IIj1.!I'_ I,i I �_l — I 2-#4 CONT. TOP AND -1111 I1 -1II,-1II, -- r— BOTTOM VERT. #3 TIES #4 REBAR ® 20" LONG SPACED 48" TOP AND BOTTOM SPACED ON CENTER 24' 16" ON CENTER TYPICAL RETAINER WALL SCALE: NOT TO SCALE CONTRACTORS BW AMM DEVELOPMENT 9518 WATERCRESS DRIVE FORT WORTH, TEXAS 76135 (817) 237-2599