HomeMy WebLinkAboutContract 53158 C'TY S7 ' ;I 1�,RY
r; s':-�i CT NO. 15
RECEIVED
DEC —5 2019
CITY OF FORT WORTH
CITY SECRETARY
RETAINING WALL
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 0 day of -p1?C en bor
2019, by and between\N Vk Lam& Lzo�t-er acting by and through HRUS
Alliance 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 109.996 acre tract located in William Sample Survey Abstract No.1207,
Fort Worth, Denton County, Texas according to the deed recorded as Instrument Number
2018-109099 of the Deed Records, Denton 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 Northlink Logistics Center,
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;
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
OFFICIAL RECCORD
RETAINING WALL MAINTENANCE AGREEMENT CITY SE6.RE®ARg�Y
Rev.412007 FT. WORTH,TX
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
take whatever steps necessary to correct deficiencies identified in the
inspection report and to charge the costs of such repairs to the Landowner, its
RETAINING WALL MAINTENANCE AGREEMENT 2
Rev.4/2007
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
DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1)
EROSION OF THE SOIL BELOW THE RETAINING WALL AND ITS
RETAINING WALL MAINTENANCE AGREEMENT 3
Rev.412007
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 A day of 20 1-1 .
Landowner City
City of Fort Worth
Naine:'�0.\w.tr ls,�'t�nti. �" 17k1�Ac �R6�'O�G
Assistant Cify Man ger
Title : S�r�
Approved as to Form and Legality
i
ssistant City n
ATTEST
City Sec
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
RETAINING WALL MAINTENANCE AGREEMENT 4
Rev.4/2007
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 204 by
,Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
MARIA S,SANCHEZ
:'r�
My Notary ID 2256490
Not Public, State of Texas
:.;.��►yJ�q�T\y F= #
;;Y��,o�,s��;, Expires December 19,2021
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this day personally appeared
aAx% l- �
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
nd as the act of such and for the purposes and
consideration e res ed in the foregoing instrument.
r
MELANIE GORE NotaryPublic, State of Texas
NOTARY PUBLIC
* *; !D#10953408
'Nr r`�•`"+ State of Texas
Comm.ExP.03_ 8.2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
RETAINING WALL MAINTENANCE AGREEMENT
Rev.4/2007
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.
Ashraf Ibrahim
Management Analyst II
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
GOODWIN o CIVIL ENGINEERS - PLANNERS - SURVEYORS
ARSHALL z
EXHIBIT "A"
LEGAL DESCRIPTION FOR
WALL MAINTENANCE EASEMENT
All that certain lot, tract, or parcel of land, situated in a portion of the William Sample
Survey, Abstract No. 1207, City of Fort Worth, Denton County, Texas, being part of that
certain called 56.821 acre tract described in a deed to HRUS Alliance LLC recorded in
Instrument No. 2019-2080 of the Deed Records of Denton County, Texas (DRDCT), and
being more completely described as follows, to-wit:
COMMENCING at a 5/8" capped iron rod found stamped "DUNAWAY"for the Northeast
corner of said 56.821 acre tract, the Northwest corner of a called 18.507 acre tract
described in a deed to Northwest I.S.D. recorded in Instrument No. 20 1 8-1 09099
(DRDCT), and being in the South line of Lot 1, Block 1 of Northwest I.S.D. Addition as
recorded in Volume U, Page 188 of the Plat Records of Denton County, Texas (PRDCT),
from which a 5/8" capped iron rod found stamped "DUNAWAY" for the Southeast
corner of said 56.821 acre tract bears South 0 deg. 29 min. 39 sec. West- 2,624.07 feet;
THENCE South 0 deg. 29 min. 39 sec. West departing the South line of said Lot 1, Block 1
and continue along the East line of said 56.821 acre tract and the West line of said
18.507 acre tract, a distance of 390.32 feet;
THENCE North 89 deg. 30 min. 21 sec. West departing said East and West lines, a
distance of 389.09 feet to the TRUE POINT OF BEGINNING:
THENCE South 51 deg. 29 min. 39 sec. West, a distance of 5.00 feet;
THENCE North 38 deg. 30 min. 21 sec. West, a distance of 288.28 feet;
THENCE North 50 deg. 21 min. 37 sec. West, a distance of 57.66 feet;
THENCE North 39 deg. 38 min. 23 sec. East, a distance of 5.00 feet;
THENCE South 50 deg. 21 min. 37 sec. East, a distance of 58.18 feet;
THENCE South 38 deg. 30 min. 21 sec. East, a distance of 288.80 feet to the POINT OF
BEGINNING, containing 1,732 square feet or 0.040 acres of land, more or less.
Bearings are referenced to Texas State Plane Coordinate
System, North Central Zone (4202), North American Datum
of 1983 as derived from GPS observation. �E F+
y P 5TE4•;9s
Exhibit map attached and made a part hereof.
JOHN N.ROGERS
0 6372
OAP .
....
9N0 SURVE'1O
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9
TEXAS•2405 Mustang Drive•Grapevine,TX 76051 •$17.329.4373 •TBP1S#10021700 TENNESSEE•6074 Apple Tree Drive •Memphis,TM 38115 •901.881.915
ARIZONA•2705 South Alma School load,Suite 2 •Chandler,AZ$5286•602.218.128S COLORADO• 8400 E. Prentice Ave.•Greenwood Village,(0 80111 •303.459.4861
LOT 1, BLOCK 1
NORTHWESTI.S.D.ADDITION
VOL. U, PG. 788
P.R.D.C.T.
5/8"C.I.R.F.
DUNAWAY"
S 89012'13_W 900.68'
POINT OF
SAMPLF st1g1�0 EY COMMENCING
N 39038'23" E [L ,IAM CT,' .DUNAWAY'
5.00' W ABSTRA I
S 50021'37" E 1
58.18,
N 50021'37' W WALL MAINTENANCE EASEMENT
1,732 SQ. T.F / 0.040 AC M
57.66' °1
v�
O 0 I
O� CV
POINT OF N
10
BEGINNING 1
N 89030'21"W 389.09' k.
CALLED 56.821 ACRES S 51°29'39" W
HRUS ALLIANCE LLC 5.00, I
INST. NO.2019-2080
D.R.D.C.T. 1
m
3
a
5/8"C.LR.F. 1
"DUNAWAY"� 3
/
0 100 z
Q
BEARINGS ARE REFERENCED TO Z
SCALE IN FEET Z
TEXAS STATE PLANE COORDINATE
SYSTEM, NORTH CENTRAL ZONE Q
(4202), NORTH AMERICAN
DATUM OF 1983 AS DERIVED Q
3
EXHIBIT"A" MAP SHOWING FROM GPS OBSERVATION.
Z
WALL MAINTENANCE EASEMENT
w
SITUATED IN A PORTION OF THE
w
WILLIAM SAMPLE SURVEY, ABSTRACT NO. 1207
CITY OF FORT WORTH, DENTON COUNTY, TEXAS
CP� srE F�q U
®�� z Job No.: 10822 Scale: 1"=100' Sheet
............
° Drafted: J.N.R. Checked: J.N.R. JOHN N.ROGERS
ARSHALL z .... ....
CIVIL ENGINEERS-PLANNERS-SURVEYORS Surveyed on the Ground: 10/22/2018 s3izo�P:'
of Ess�•. e
2405 Mustang Drive,Grapevine,Texas 76051 Date Prepared: 10/5/2019 9H0 SURV ° 00
(817)329-4373
TBPE REGISTRATION#F-2944
TBPLS#10021700 Revised: Revised: I Date Signed: 10/5/2019
NORTH NORTHUNK "
LOGHSTHC 3 CENTER W E
S
1� GRAPHIC SCALE 1-50'
0 50 100 150
/
i
E/W = 672.00
5' WALL MAINTENANCE
S EASEMENT CD
6 j5 ,,_ __-.._._ APPROXIMA TEIZONE -A- FLOODPLA/N.
PER F MA AP NO. 46/2/CO490G. /
\ VISED APRIL /0, 20/1
\ \ \ \ 1 T/W = 677. \O
B/ 673.00 (1
i
T/W — 719 50
B/ 72. 0
/ R,
678 �� ` � � � Bhv WC9.50
200
\; \\ 67 O /
;\ \ \ \ j1Qo—YR ULTIMATEI
1 \ \\ `'DEV€ OPED CONDITIONS
1 \ \ \ \ \` ` \ KLM ANALYSIS /
�q
LOT 2, ! a ® 1 (p \ 5 ;LL\ AINTNAN
MENT
BUS IN B ® 1 �\ \ \ t`�\\� //T/W 677.50
263, 61. ® �o \ \ �` B/W — 67/.00
FF d 681.00 T/W = 677.0
/ B/W 67/.00
T/W = 67/6.0
B W = 0 7/.00
5*AFL�lN. �NANCE
76.00
/ �67
LEGEND RETARZNG Wes'E=7
PROPOSED 670
EXISTING — — 670— —
OWNERE)EVE OPER: PREPARED BY:
TOP OF WALL T=670.00 Hi
BOTTOM OF WALL B-670.00 nes ������
CML ENGNEERS-PLANNERS-SURVEYORS
END OF WALL 00 2200 ROSS AVENUE,SURE 420OW 2405 k*WMV o,w,,G,mp,An„TW,76051
DALLAS,TX 75201 �(81� 79
972-716-0152 713-927-0152
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NORTBLINK
LOGISTICS CENTER.
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- ��I I- fin
- -I -III- _-_-_ I-III=III-III-III-III-III— 4" TOP SOIL & ,'-@"
CLAY CAP AND
I =ro -III=1I I=1I I=11I-III=11I=1 I- COMPACTED ON SITE
SOIL.
TIGHTLY FITTED STONE III III I III—III—III—III—III—III—I I
NO MORTAR REOUIRED BACK FACE MAY BE
III IRREGULAR
INDICATES ZONE WHERE
STONE IS TO BE FULLY FILTER FABRIC AROUND
MORTARED TOGETHER TOP, = DRAINAGE ZONE.
BOTTOM, FRONT AND BACK. C _
�1I1-1
POINT ALL FACE _ COMPACTED, OR EXISTING
STONE JOINTS— _j1 1 ON SITE SOIL.
III—III- WALLS GREATER THAN 4'-0":
Og 11 1- CONTINUOUS DRAINAGE ZONE.
FACE STONE PER OWNER --=1 1, WALLS OR LESS:
SEE DETAIL
A/RW2 FOR
=1 DRAINAGE POCKET
=III=11'
3" DIA. WEEP HOLE —III-
® e'-O•' O.C.
FINISHED GRADE II I IF
SLOPE 1V:4H MAX.
REFER TO CIVIL -III-111
FOR FINAL GRADING.
III-III-
III=1 - 1=111
• I�i=I I I��I I I -III- -i-I-
=1 I I-I I M 1 111=1 I I- '
I III=111=111=1 -1 I 1=1 I
-III-III-III III=111-
1I —1I1—I— 1I—II PROVIDE FILTER FABRIC OVER PIPE
-1I1-1I1-III- I I _ ��II1-1II=
III-III-III-III-III-_-_ _ III-II COMPACTED SOIL
-III=III=III-II I-III-III-III-_- III-III= BELOW WEEP PIPE.
— — — — — — — — — — —
1I I-1 11-1 I -1 11-1 I I-1 I 111..III-1 I I-1 11-11 -1 I I-
TYPICAL RJC JL AJLL`0JLNG
WALL SEMON
IVTS
OWbOMWEVELOPM PBBPARM BY:
M'On
es `100D� �'
hW PL#144M SHALL 9
_ _
2200 19088 AVQ�UE.SUITE 420OW 2106 07MI
DALLAS.TX 7WM Mho 0"7)321)- 7
M-716-0152 7134127-M 52
E:\10822 — Hines FM 156\Plans\northlink logistics center.pro 22 Oct 2019
NORTHLINK
LOGISTICS CENTER
EII]MTT"B"
SCALE:
/0' H
l' = 4 ' V TOP WALL = 677.00
STONE GRAVITY RETAINING WALL
w/2,500 PSI GROUT
SANDSTONE ROCK (MOSAIC PATTERN)
BOTTOM WALL
26 FINISHED GRADE = 67/.00
TOP OF
BANK = 669.00
TOP OF
BANK= 670.00
TOP OF
GROUND = 6 70.00
lE CHANNEL
= 667.00
PREPARED BY:
S GOODWIN,
ne CIVIL 84GRAM bQRSHAi1. 9
_PLAWAM_
2200 ROSS AVENUE.8lATE 420WV
DALLAS,T%75M 7l061
O(W) M
SM-7143-0152 713)27-0152
E:\10822 — Hines FM 156\Plans\northlink logistics center.pro 22 Oct 2019