HomeMy WebLinkAboutContract 36906 CITY SECRETARY
CONTRACT NO. d
STREETSCAPE
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this S+ day of July, 2007,by and
between COLONIAL PARK FW ERI I, L.P., a Texas limited partnership, 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 Lot
1, Block A and Lot 1, Block B, an Addition to the City of Fort Worth, Tarrant County,
Texas, being a replat of a portion of Lots 1 & 2, Block 3 of the Michael Hughes Estates,
an Addition to the City of Fort Worth, Tarrant County, Texas according to the Plat
recorded in Volume 530, Page 82, (D.R.T.C.T.) and land situated in the W.D. Conner
Survey, Abstract. No. 288 Tarrant County, Texas, 7.11 acres hereto, 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 Colonial Park hereinafter called the
"Plan", which is expressly made a part hereof, as approved or to be approved by the City;
and
WHEREAS, the City requires that the streetscape improvements ("Streetscape
Improvements") as shown on the Plan and more particularly described on Exhibit "A"
hereto, be constructed and adequately maintained by the Landowner, its successors and
assigns.
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 City shall allow Landowner to construct the Streetscape Improvements using
materials not commonly allowed by the City in the Right of Way.
2. The Landowner, its successors and assigns, shall construct and adequately
maintain the Streetscape Improvements. Adequate maintenance is herein defined
STREETSCAPE MAINTENANCE AGREEMENT 0 3-2 6-0 8 P 0 2: 3 0 I I J
as good working condition so that these facilities are performing their design
functions.
3. The Landowner, its successors and assigns, shall inspect the Streetscape
Improvements and submit an inspection report to the City annually. The purpose
of the inspection is to assure safe and proper functioning of the Streetscape
Improvements. The inspection shall cover the entire Streetscape Improvements,
and portions thereof which need maintenance or replacement to perform their
design function, shall be noted in the inspection report along with the corrective
actions to be taken.
4. The Landowner, its successors and assigns, hereby grant permission to the City, its
authorized agents and employees, to inspect the Streetscape Improvements
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.
5. In the event the Landowner, its successors and assigns, fails to maintain the
Streetscape Improvements in good working condition reasonably acceptable to the
City, the City, its authorized agents and employees,may enter upon the Streetscape
Improvements 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 Streetscape
Improvements, and in no event shall this Agreement be construed to impose
any such obligation on the City, such obligation is Landowners.
6. The Landowner, its successors and assigns, will perform the work necessary to
keep the Streetscape Improvements in good working order as appropriate. In the
event the City pursuant to this Agreement, performs work of any nature, or
expenrtany Minds i i performance of said work for labor, use of equipment,
supplies, materialsp and the like, the Landowner, its successors and assigns, shall
STREETSCAPE vRNTE 1MNCE AGREEMENT 2
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.
7. 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 STREETSCAPE IMPROVEMENTS
FAIL TO OPERATE PROPERLY. LANDOWNER COVENANTS AND
AGREES 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 PROPERTY TO
MAINTAIN THE STREETSCAPE IMPROVEMENTS IN A MANNER
CONSISTENT WITH THIS AGREEMENT.
8. 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 with respect to the Property.
,V"R110 YEN.
STREETSCAPE MAINTENANCE AGREEMENT 3
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Executed thisday of /.- 200*�.
Landowner City
Colonial Park FW ERI I, L.P., City of Fort Worth
a Texas limited partnership
By: Colonial Park FW I GP, LLC ^ '
a Texas limited liability Company, -dam
General Partner of;& -1�'�t �rw�q 0 C'03+4 J
Assistant City Manager
By:
Name: 91001
Title:if�' j'r�tS
Approved as to Form and Legality
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Assistant City Attorney
ATTEST
fN \ ha WVh kA—
City Secretary
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Contract huthorizatios
Date
HAUY
STREETSCAPE MAINTENANCE AGREEMENT 4
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 7wa1.r/l
'9^v%0qhd 0 Mare A— , Assistant City Manager of the City of Fort Worth, on behalf of the City of
`�s�04 qc}�r y,Fort Worth.
l?��Y r HETTIE LANE
�*n•;
* My COMMISSION EXPIRES
Jury 2a'2oy1 Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF DALLAS §
Before m the undersigned authority on this day personally appeared
_I/ P / -f U a-D of
Colonial Park, FWI, GP, LLC, a Texas limited liability company, General Partner of
Colonial Park FW ERI I, L.P., a Texas limited partnership, on behalf of said limited
liability company and limited partnership.
Notary Public, State of Texas
PAT MALONE
*: *= My COMMISSION EXPIRES
May 29,2010
J'KO
STREETSCAPE MAINTENANCE AGREEMENT 5
M E M O R A N D U M
PROJECT Fort Worth Rogers Road
PROJECT NUMBER 10-061 13.00 FILE
DATE 8-03-07
Description of Streetscape Improvements:
Hardscape Improvements:
East/West ROW:
I. All sidewalks will be brick pavers set on I"sand on a 4"flexbase. The
pattern will be running bond, cobble or herringbone with a header brick
lil ILL band around the tree wells and adjacent to all curbs. Brick pavers will be
either clay or concrete based on location and pattern.
2. Handicap ramps will have side slope flares that will be brick on flex base to
match sidewalks. Ramps will consist of tactile pavers.
3. Metal bollards will be placed at the entry drive/drop-off on the east side of
Rogers Road.
Landscape Improvements:
Streetscape improvements will consist of the following based on location:
West ROW:
I. 5'wide Common Bermuda lawn running parallel to the back of curb.
2. 5'x 10'open treewells planted with a border of Mondo Grass and infilled
with Mexican Feather Grass and Iris.
3. Parking Islands will be planted with a Mondo Grass border and infilled with
Mexican Feather Grass and Red Yucca.
4. All trees along Rogers Road will be Live Oak.
East ROW:
I. 5'wide Common Bermuda lawn running parallel to the back of curb.
2. 5'x5' open treewells planted with a border of Mondo Grass and infilled
with Dwarf Palmetto and Iris.
3. Parking Islands will be planted with a Mondo Grass border and infilled with
Mexican Feather Grass and Red Yucca.
4. Large planting beds will be bordered with Mondo Grass and infilled with
Dwarf Palmetto and Mountain Pea.
S. Street trees along Rogers Road will be Live Oak in parking islands and large
planting areas. Pond Cypress will be planted in 5' x 5'tree wells.Along
Riverfront Drive Red Oaks will be planted,and along Collinsworth Street
Drake Elm will be planted.
RTICL Associates Inc. 6. At the main entry large metal urns will be planted with Soft Tip Yucca and
1717 Pacific Avenue New Zealand Flax ' ings of Gold'.
Dallas,TX 75201-4688 _ . . ,_.� ..I��V iJ 7:
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214 871 8877
FAX 214 871 7023 PAGE I OF I
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PERMIT SET ISSUE-.
04/12/07
CONITRUCTIO"/24 SET Ill"E,
REVI�S
STREETSCAPE MAINTENANCE EXHIBIT 08 /07
10.26.07
LC10.00
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