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Home My WebLink AboutContract 39924ary sEcREraRr399� CONTRACT NO. STREETSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a home rule municipal corporation (hereinafter referred to as "City") and COLONIAL PARK FW ERI II, L.P., a Texas limited partnership, hereinafter referred to as "Landowner", acting by and through the duly authorized officer of its General Partner, Colonial Park FW II GP, LLC. WHEREAS, the Landowner is the owner of certain real property described as Lot 1, Block A, Colonial Park, an Addition to the City of Fort Worth, Tarrant County, Texas according to the Plat thereof recorded in Cabinet A, Slide 12190, Plat Records, Tarrant County, Texas, and hereinafter called the "Property -Phase Two". 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 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. STREETSCAPE MAINTENANCE AGREEMENT I 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. S. 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 Landowner's. 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 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. 7. This Agreement imposes no liability of any kind whatsoever on the City. THE LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM ANY STREETSCAPE MAINTENANCE AGREEMENT 2 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 -PHASE TWO 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 -Phase Two, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests with respect to the Property -Phase Two. Executed this day of , 2010. [SIGNATURES IMMEDIATELY FOLLOW ON NEXT PAGE] STREETSCAPE MAINTENANCE AGREEMENT 3 CITI' OF FORT WORTH: COLONIAL PARK FW ERI II91LOYO a Texas limited partnership: By: Colonial Park A Texas limit, General Partn By: By: Fernando Costa Assistant City Manager /a APPROVED AS TO FORM AND LEGALITY: Melinda Ramos Assistant City Attorney M&C NO. none required II �P, LLC company, Name: Title. i STREETSCAPE MAINTENANCE AGREEMENT 4 THE STATE OF TEXAS § COUNTY OF TARRAN 1 § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Fernando Costa, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. EN UNDER MY HAND AND SEAL OF OFFICE this day of M4I'[�/�,,GILLV, 2010. EVONIA DANIELS MY COMMISSION EXPIRES July 10, 2013 THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared /Qpg.4T %.2A1 uj ,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as �/=S�D�,�/T of Colonial Park, FW II, GP, LLC, a Texas limited liability company, General Partner of Colonial Park FW ERI II, L.P., a Texas limited partnership, on behalf of said limited liability company and limited partnership, as the act and deed of said limited liability company and said limited partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of KRIS ROSE Notary Public, State of Texas My Commission Expires November 19, 2013 Notary Public in and for the State of Texas STREETSCAPE MAINTENANCE AGREEMENT 5 EXHIBIT DESCRIPTION OF STREETSCAPE IMPROVEMENTS Hardscape Improvements: West ROW of Rogers Road where it abuts the Property —Phase Two: l . All sidewalks will be brick pavers set on 1 " sand on a 4" flex base. The pattern will be running bond, cobble or herringbone with a header `brick 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. Landscape Improvements: West ROW of Rogers Road where it abuts the Property —Phase Two: 1. 5' wide Common Bermuda lawn running parallel to the back of curb. 2. 5'x10' open tree wells 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. STREETSCAPE MAINTENANCE AGREEMENT Dallas_1 \5470148\2 20547-85 1 /20/2010