HomeMy WebLinkAboutContract 40442RETAINING WALL
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered
20 by and between HBT Land LLC, a Texas
CONTRAS N�---'"-
into this It 7day of
Limited Liability Company, hereinafter
referred to as "Landowner", and the City of Fort Worth, hereinafter referred to as y"
WITNESSETH
WHEREAS, the Landowner is the owner of certain real property described as an
approximately 396 square foot tracts located in the Sarah Gray Survey, Abstract No. 5585
Fort Worth, Tarrant County, Texas according to the deed recorded in Instrument No.
D208468712, Deed 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 Drainage Plan/Subdivision Plan known as Honda of Burleson, 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
and assigns, the location and dimensions of which is shown on the attached Exhibit "A"
("Facility Property"); and;
RETAINING WALL MAINTENANCE AGREEMENT
Rev. 4/2007
OFFICIAL RECORD
CITE' SECRETARY
:T.
WORTH, TX
06-21-10 A09:32 IN
1
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 construct the Facility at no
expense to the City of Fort Worth in accordance with the design specifications
for the Facility, attached as Exhibit `B", which the parties agree conform to the
current standards in force and effect in the City of Fort Worth. After
construction of the same, the Landowner shall adequately maintain the facility.
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, and the portions thereof (if any) that need
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. Landowner shall provide to the City a written response
within 10 business days indicating a list of repairs to be made to the
retaining wall, unless such deficiency poses a health and safety risk, as
deemed by the City and in which case Landowner shall make sure repair
as soon as reasonably practicable.
4. In the event the Landowner, its successors and assigns, fails to adequately
maintain the Facility (as defined above) and such failure continues following
notice thereof from the City to Landowner, the City, its authorized agents and
RETAINING WALL MAINTENANCE AGREEMENT
Rev. 4/2007
2
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.
Notice shall not be required for the City to enter and take action if any
imminent health and safety risk is posed due to Landowner's failure to
maintain. 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 adequately maintained as defined above. 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, 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 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 LANDOWNER OR ANY
FUTURE OWNERS OF THE ABOVE FACILITITY PROPERTY TO
RETAINING WALL MAINTENANCE AGREEMENT
Rev. 4/2007
3
MAINTAIN THE RETAINING WALL IN ACCORDANCE
HEREWITH, OR AS A RESULT OF ANY DAMAGES CAUSED TO
PERSON OR PROPERTY DUE TO (I) 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 Property, and shall be
binding on the Landowner, its administrators, executors, assigns, heirs and any
other successors in interests, including any property owners association.
Executed thisday %J 20 �� .
Landowner
HBT Land
Kenneth L. S
Contract Authorization
(-PI1�1►�
Date
RETAINING WALL MAINTENANCE AGREEMENT
Rev. 4/2007
City
City of Fort Worth
Fernando Costa
Assistant City Manager
Approved as to Form and Legality
AA
r A�
Assists t City Attorney
V
n OOt
vQ�
o a
C ty Secretary A 0
OFFICIAL RECORD
CITY SECRETgRY
FT. WORTH, TX
0
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this days of
20,[OL� by Fernando Costa, Assistant City Manager of the City of
Fort Worth, on behalf of the City of Fort Worth.
EVQNIA.DANIELS
MY COMMISSION EXPIREStJOty
10, 2013
L
STATE OF TEXAS
COUNTY OF TARRANT
otary Public, State of Texas
Before me, the undersigned authority on this � day of ti � . 20 ►l b personally
appeared Kenneth L. Schnitzer, Manager, 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
HBT Land LLC, and that he executed the same as its Manager and as the act of such HBL
.and LLC and for the purposes and consideration expressed in the foregoing instrument.
DONNA J MORRI=
My Commis:Ion Expini
May 10, 2011
Notary Public`; State of Texas
RETAINING WALL MAINTENANCE AGREEMENT CJ
Rev. 4/2007
EXHIBIT "A"
2' RETAINING WALL EASEMENT
LOT 1, BLOCK 1
HONDA OF BURLESON ADDITION
BEING 184 SQUARE FOOT (0.004 ACRES) TRACT OF LAND LOCATED IN THE SARAN GRAY SURVEY, ABSTRACT NO. 558
AND BEING A PORTION OF A CALLED 10.920 ACRE TRACT OF LAND DESCRIBED IN DEED TO HBT LAND, LLC, RECORDED IN
DOCUMENT N0. D2084687121 OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS$
COMMENCING AT A 1/2" IRON ROD WITH A PLASTIC CAP STAMPED "SPIARSENG" SET FOR CORNER IN THE COMMON LINE OF
SAID 10.920 ACRE HBT LAND, LLC TRACT AND SAID SAM G. MCCALL TRACT, SAID POINT ALSO BEING THE COMMON CORNER OF
A TRACT OF LAND DESCRIBED AS (THE NORTH PARCEL AND THE SOUTH PARCEL) TO THE CITY OF FORT WORTH, RECORDED IN
VOLUME 9501, PAGE 449, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS;
THENCE SOUTH 25'40'44" wEsr, A DISTANCE OF 130.72 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 65*21157" EAST, A DISTANCE OF 53.26 FEET;
THENCE SOUTH 2e38'03" WEST, A DISTANCE OF 4.86 FEET;
THENCE SOUTH 61*06*51" EAST, A DISTANCE OF 5.64 FEET;
THENCE SOUTH 51004'35" EAST, A DISTANCE OF 6.11 FEET;
THENCE SOUTH 39*25933" EAST, A DISTANCE OF 6.81 FEET,
THENCE SOUTH 24'24'14" EAST, A DISTANCE OF 11.12 FEET$
THENCE SOUTH 31*41100" EAST, A DISTANCE OF 2.23 FEET;
THENCE NORTH 75*28'39" EAST, A DISTANCE OF 1.59 FEET;
THENCE SOUTH 21*33'25" EAST, A DISTANCE OF 2.02 FEET;
THENCE SOUTH 75028'39" WEST, A DISTANCE OF 3.31 FEET;
THENCE NORTH 31*41900" WEST, A DISTANCE OF 3.84 FEET,
THENCE NORTH 24*24114" WEST, A DISTANCE OF 10.99 FEET;
THENCE NORTH 39.25'33" WEST, A DISTANCE OF 6.34 FEET;
THENCE NORTH 51*0435" WEST, A DISTANCE OF 5.73 FEET;
THENCE NORTH 61.06'51" WEST, A DISTANCE OF 7.32 FEET;
THENCE NORTH 2e38'O3" EAST, A DISTANCE OF 4.71 FEET;
THENCE NORTH 65.21257" WEST, A DISTANCE OF 50.28 FEET;
THENCE NORTH 01*18'36" WEST, A DISTANCE OF 2.22 FEET TO THE POINT OF BEGINNING AND CONTAINING 184 SQUARE FEET
OR 0,004 ACRES OF LAND, MORE OR LESS.
* This exhibit is not to be filed as
separate instrument. Easement will
be Piled with Plat.
*For Reference Only*
Exhibit "A"
2' Retaining Wall �E,mi
Lot 1, Block 1
Honda of Burleson
Addition SHEET 1 OF 2
A Survey p{at of even date
hereby accompanies this
description.
0
DARREN K. BROWN
\A 5252 p
f9ti,,0, `s,�'E
S t1 v%
(A b0 ,IG 121GHS Y4AY)
1/2° I.R.S.C.
LEGEND
13ot1nclary Une'fabta
Line #
Length
D1rdovon
L1
53.26'
965" 21' 57'E
L2
4.86'
S24° 38' 03'W
L3
5,64'
5610 06' SP'E
L4
681P
551" 04' 35"E
L5
0481,
93W 25' 35 E
L6
11.12'
524P 24' VVE
L7
2.23'
931" 41' 00"E
L8
1.59'
N75" 2W 39"E
L9
2.02'
921" 33' 25" E
L10
&M
9750 28' 39'W
L11
3,84'
N31" 41' LVW
L12
10,9W
N24"2414'W
L15
6.34'
N39" 2W 33" W
L14
53V
N51" CW 36W
L15
7,52'
NOV 06' 51'W
L10
4.71'
N24" 38' 03" E
L17
50.28'
NOW0 21' 57W
L18
2.20
NO? IN 30 W
VOLUME 5486, PAGE 273
O,P.R.T.C,T.
Land Use: Vacant
Zoning: I — Industrial
I-35 Corridor Overlay District
z
r
m z
I'Ol NJ OF
CO A ENCING
POINT OF
BEGINNIt
2' t�etainfng Wallies L
Easement
D*00�4" ACKE0 \
(154 SQ.FT.)
PROPOSED \
HONDA OF BURLE50N
LOT 1, BLOCK 1
HOT I.AND, LLC
DOC. NO, D208468712
O.P.R.T.C.T.
� L15 L6
14 13 —~
L12 LS
IL11 L9
L10 \
n
vp o
m
CAPPED IRON ROD SET
O.P.R. T.C.T.—OffICIAL PUBLIC RECORDS
TARRANT COUNTY TEXAS
A legal description of
even date hereby
accompanies this Plat.
Exhibit B
FP
2' Retaining Wall Saeemenst E O F r
Lot 1, Block 1 �P wri,STj�RFF+
Honda of Burleson, _„.°" Q
Addition SHEET 2 OF 2 �DARREN K. BROWN
f - up5252�
�P
EiZ7G 2xvEER�1yG �/�^ .., G4
Basis of Bearings is derived
from using the WDS GPS
1Vetwork,
EXHIBIT "A"
2' RETAINING WALL EASEMENT.
LOT 1, BLOCK 1
HONDA OF BURLESON ADDITION
BEING 212 SQUARE FOOI' (0,005 ACRES) TRACT OF LAND LOCATED IN THE SARAN GRAY SURVEY, ABSTRACT N0. 558
AND BEING A PORTION OF A CALLED 106920 ACRE TRACT OF LAND DESCRIBED IN DEED TO HBT LAND, LLC, RECORDED IN
DOCUMENT NO, D2084687121 OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A 1/2" IRON ROD FOUND AT THE COMMON EAST CORNER OF SAID 10.920 ACRE HBT LAND, LLC TRACT AND
THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO BURLESON FIVE STAR PROPERTIES, L,L,C., RECORDED IN
VOLUME 13540, PAGE 130, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS;
THENCE
SOUTH
89'12'33"
WEST,
ALONG THE
NORTH LINE OF SAID BURLESON FIVE STAR PROPERTIES TRACT A DISTANCE OF
120oO9
FEET TO THE POINT
OF BEGINNING;
THENCE
SOUTH
89*12'33"
WEST,
A
DISTANCE
OF
2,00
FEET;
THENCE
NORTH
00*32038"
WEST,
A
DISTANCE
OF
21.98
FEET;
THENCE
NORTH
89927'22"
EAST,
A
DISTANCE
OF
34.00
FEET;
THENCE
NORTH
00*32*38"
WEST,
A
DISTANCE
OF
25.99
FEET;
THENCE
NORTH
68*26035"
EAST,
A
DISTANCE
OF
25.56
FEET;
THENCE
SOUTH
21933'25"
EAST,
A
DISTANCE
OF
2.00 FEET;
THENCE
SOUTH
68026'35"
WEST,
A
DISTANCE
OF
24.19
FEET;
THENCE
SOUTH
00*32'38"
EAST,
A
DISTANCE
OF
26,62
FEET;
THENCE
SOUTH
89*27'22"
WEST,
A
DISTANCE
OF
34.00
FEET;
THENCE
SOUTH
00*32'38"
EAST,
A
DISTANCE
OF
19.97
FEET TO THE POINT OF BEGINNING AND CONTAINING 212 SQUARE FEET
OR 0.005 ACRES OF LAND,
MORE
OR LESS,
* This exhibit is not to be filed as
separate instrument. Easercaent will
be filed with Plat.
*For Reference Only*
Exhibit "A"
2' Retaining Wall Easement P G `02. ,,
1. Lot , Block 1
Honda of Burleson ����°
Addition SHEET 1 OF 2 �DARREN K. BROWN
Y' s mro If O
��A 5252 P �"
�i NGSNRG , a
�X EEESN9 �FES S��l!--�
A SWU 2J0 Plano, iX 7l071 S U �7
971 422,0077 Fax (972) 422-0075
f )
A Survey plat of even date Z
RAWN BY ICHECI(EDBY1 SCALE I DATE I JOB NO, hereby accompanies this
BLM I DK8 I 1"=60' 119ApR10 1 08-090 description.
. \ 7
FROPOSED
HONDA 0F: DUKLESON
LOT 10 BLOCK 1 \
HBT LAND, LLC
DOC, N0. 0208468712 _
O.P.R.T.C.T.
2' Ketalning (Nall L23 ( L24
Easement N L25
0.005 ACKE5 ( L21'N J
,1r (212 5Q.FT) L 0 L2& L27
S 89612'3r W " 120.09' FND 1/r"
L19
POINT OF 0000
_o= COMMENCING
Boundary Une Table
B EGINNIN
o G
W �
Line # $2r249ErN00*
iraWon X
N o DUP�L E.6014 FIVE 1'Ai r°KOr��.RM O, Lil..,r,.
L19 ° 12' 33'YV VOLUME 13540, PAGE 130
O.P.R.T.C.T.
L20 32' 3& W a .n Land Use: Vacant
Zoning: C — Commercial
LZt ° V 22" 1 r_
-=1 j
L22 32* WWdoe zL23 ° 20t 3FE "' mL24 33' 26"E
L25 24.19' SW 26' W' W
L26 26.62, S00° 32' MI E
L27 34,00' 5590 27' 22 W
L20 19.97 SW 30 35T `
LEGEND
I.R.S.C.-1/2" CAPPED IRON R00 SET
O.P.R.T.C.T.—OFFICIAL pUBL.iC RECORDS
TARRANT COUNTY TEXAS
A legal description of
even date hereby
accompanies this Plat.
Exhibit "B"
2' Retaining Wall FmewmTrunt
Lot 1, Block 1
Honda of Burleson
Addition C,L,ccr � .,r
Basis of Bearings is derived
from using the WDS GPS
Network.
0
o�
.�` F° vWas" i
DARREN K. BROWN
�-
°Fess�D; O
MATCHLINE CSA
i
§s ids $e r€ I j
t 3 ° aa g¢
. $ #i y a 7 `K5 4 yl. y d ` $ Gr Ky ys�_ £$9 fC6M1A
e Ys $ Nsit N A pgy § a�" ya I, it t 1o.r$ 9' a sg99Y
Rath i 9 wro a 9 a a_ Y F �� Mol iIF
$
a S S ^ d22i$g}a ;a11
!q@ F9 i3 2F s ra t Toil 1 3 rp;
R96 Y• 73 $� SK'g e 3 0�
a' �Y a s i e 4 as;� i:e$ �g;$
'- g } ggg
;fa€"$ t $ $ I3$ i° s3 �6$Yti$
filq'$jS gA s 9 it yyg gg77�r ' y! a®6 Z
e•�y S Ie3el
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vj 8
HONDAOF BURL656N
CITY OF FORT WORTH
o DRAIIVAGE PLAN
HONDA OF BURLESON
832 N. SURLESON SLVD.
BURLESON,TX
ISSUE FOR CONSTRUCTION 0228.10
M&C Review
Page 1 of 1
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA
DATE:
CODE:
FORT V�ORTH
--
COUNCIL ACTION: Approved on 6/15/2010
6/15/2010 REFERENCE **C-24264 LOG NAME: 20ROWE6229HBTLANDRWMA
NO..
C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize a Retaining Wall Maintenance Agreement with HBT Land LLC, for the Property
Located at North Burleson Boulevard East of I-35 and South of McCall Street At No
Expense to the City of Fort Worth (COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a retaining wall maintenance
agreement with HBT Land LLC, for the property located at North Burleson Boulevard east of I-35 and
south of McCall Street.
DISCUSSION:
HBT Land LLC, is the owner of a 10.920 acre tract of land upon which it will construct two retaining
walls. The two retaining walls shall serve the Honda of Burleson Addition. The retaining walls are
necessary to prevent soil erosion and maintain land elevation for the proposed development.
The terms of the Maintenance Agreement will ensure proper maintenance of two constructed
retaining walls by the landowner HBT Land LLC, at no cost to the City. The retaining walls are located
on North Burleson Boulevard East of I-35 and South of McCall Street (DOE 6229).
The property is located in COUNCIL DISTRICT 8, Mapsco 119X.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on
City funds.
TO Fund/Account/Centers
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
20ROWE6229HBTLAND. pdf
FROM Fund/Account/Centers
Fernando Costa (6122)
William A. Verkest P.E. (7801)
Jill D. Griffin (6253)
http://www.fortworthgov.org/council�acket/mc_review.asp?ID=13549&councildate=6/15/2010 6/16/2010