HomeMy WebLinkAboutContract 51694 CITY SECRETARY
CONTRACT NO. Jc- (09
DOE #
RETAINING WALL
MAINTENANCE AGREEMENT
THIS RETAINING WALL MAINTENANCE AGREEMENT (this "Agreement")
is made and entered into this �Vh day of D2CMbef , 2018, by and between
WESTHOUSE RESIDENCES, LLC, a Delaware limited liability company, hereinafter
referred to as "Landowner", and the CITY OF FORT WORTH, TEXAS, hereinafter
referred to as "City".
WITNESSETH
WHEREAS, Landowner is the owner of that certain 13.977 +/- acre tract of real
property located in Fort Worth, Tarrant County, Texas, hereinafter called the "Property_,"
pursuant to that certain Special Warranty Deed recorded in Instrument No.
D218240886 of the Real Property Records of Tarrant County, Texas and being more
particularly described by the legal description attached hereto as Exhibit"A";
WHEREAS, Landowner is proceeding to build on and develop a multi-family
development project on the Property pursuant to that certain site plan known as
Park Vista Apartments , hereinafter called the "Plan", which is expressly made a
part hereof, as approved or to be approved by the City and Landowner, and provides for
the construction and maintenance of a retaining wall on a portion of the Property;
WHEREAS, the City requires that a Retaining Wall (the "Retaining_Wall" or
sometimes the "Facility" or "Facilities") the location of which is shown on the Plan be
constructed and adequately maintained by Landowner, the location and dimensions of
which is shown on the Plan and in accordance with the design specifications attached
hereto as Exhibit "B", hereinafter called the "Design Specifications," for the health, safety
and welfare of the residents of the City of Fort Worth, Texas; and
NOW, THEREFORE, in consideration of the foregoing premises, the mutual
covenants contained herein, and the following terms and conditions, the parties hereto
Cy ®fig �ragree as follows:
�\ OFFICIAL RECORD
RETAINING WALL MAINTENANCE AGREEMENT CITY SECgTARY
v�v��S Rev.4/2007 FT WORTH,TX
I. Landowner agrees to adequately construct and maintain the Retaining
Wall, at no expense to the City, in accordance with the Design Specifications and the
current standards then in force and effect by the City. Adequate maintenance is herein
defined as good working condition so that the Retaining Wall is performing its' designed
function.
2. Landowner shall inspect the Retaining Wall and submit an inspection
report to the City on an annual basis. The purpose of the inspection is to assure safe and
proper functioning of the Retaining Wall. The inspection shall cover the entire Retaining
Wall, identify whether the Retaining Wall needs maintenance or replacement to perform
its' designed function, and the findings shall be noted in the inspection report, along with
the corrective actions, if any, to be taken.
3. The Landowner, its successors and assigns, hereby grants permission to the
City, its authorized agents and employees, to enter upon the Property and to inspect the
Facilities 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
Facilities in good working condition acceptable to the City, the City, its authorized agents
and 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. It is expressly understood and
agreed that the City is under no obligation to routinely maintain or repair said
Facilities, and in no event shall this Agreement be construed to impose any such
obligation on the City, such obligation is Landowner's.
5. Landowner agrees to perform all work necessary to keep the Retaining
Wall in good working order as appropriate. In the event that the City pursuant to this
Agreement, is required to perform work of any nature or expend any funds in performance
of said work for labor, use of equipment, supplies, materials, and the like, Landowner
shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all
actual, reasonable costs incurred by the City hereunder. In the event that Landowner fails
RETAINING WALL MAINTENANCE AGREEMENT 2
Rev.4/2007
to reimburse the City for any costs incurred under this section, then the City shall have the
right to impress a lien for the costs of such work upon the Property. Any such lien shall be
perfected by filing an affidavit in the office of the County Clerk of Tarrant County, Texas
that identifies the Property, states the amount of such lien, and makes specific reference to
this Agreement.
6. This Agreement imposes no liability of any kind whatsoever on the City.
LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM ANY
LIABILITY IN THE EVENT THE RETAINING WALL 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 THE RETAINING WALL AND THE FAILURE TO MAINTAIN THE
RETAINING WALL IN ACCORDANCE HEREWITH, OR AS A RESULT OF
ANY 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
upon and inure to the benefit of Landowner, its' successors and assigns, and upon the
conveyance of the Property, any such successor in interest of the Landowner will be
deemed substituted for the Landowner under the terms of this Agreement for all purposes.
[Signature Pages to Follow]
RETAINING WALL MAINTENANCE AGREEMENT 3
Rev.4/2007
Executed this day of ft*e- 2018.
LANDOWNER
WESTHOUSE RESIDENCES, LLC, a
Delaware limited liability company
By: LIV Westhouse Partners, LLC, an
Alabama limited liability company
By: LIV Westhouse, LLC, an
Alabama limited liabtltty company
y:
Ro pton, III
I an e
STATE OF ALABAMA §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me this 116 day of
2018, by Robert B. Crumpton, III, in his capacity as Manager of LIV Westhouse, LLC, an
Alabama limited liability company, as the Manager of LIV Westhouse Partners, LLC, an
Alabama limited liability company, as the Manager of Westhouse Residences, LLC, a
Delaware limited liability company, on behalf of such limited liability company.
�� to `' eiei
(Signature Notary) THOMAS
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9-1 A q
(Name of Notary Typed, Stam3)ed:or Ar�jee u,
(Seal) ;D
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0iORIL 20.2
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OFFMAL RECORD
RETAINING WALL MAINTENANCE AGREEMENT C WORM,
Rev.4/2007 i
CITY
Wfortrth
�esys J . rZ Aj Ite
Assistant City Manager
Approved as to Form and Legality:
Assistant City At orney
ATTEST FOS
gyp• ��,.
City ec ary
STATE OF TEXAS §
COUNTY OF TARRANT §
Pn�t�(Q This instrument was acknowledged before me on ( 2018, by
Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
4wj
��av?U�• JViARlt\.a.SANCHEZ
Not• Public, State of Texas
*= lily Notary iD#2256490
1 +` Expires December 19,2021
''rt`UP t •.
OFFICIAL RECORD
C17 Y SECRETARY
RETAINING WALL MAINTENANCE AGREEMENT
Rev.4/2007 FT, yW RTK U
Contract Compliance Manager
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all perform ce and reporting requirements.
Ashraf Ibrahim
Management Analyst II
OFFUAL RECORD
C17Y SECRETARY
FT. !NORTH,TX
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
RETAINING WALL MAINTENANCE AGREEMENT 6
Rev.412007
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EXHIBIT "B"
INSERT DESIGN SPECIFICATIONS
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