HomeMy WebLinkAboutContract 55096 Date Received: Dec 29,2020 City Secretary
Time Received: 4:17 PM Number: 55096
RETAINING WALL
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 28th day of December
2020 by and between Willow Springs Diamond Club Building, 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 784,080 square foot tract located in the Coleman Boyd Survey, Abstract
No. 212, Fort Worth, Tarrant County, Texas according to the General Warranty Deed
recorded in County Clerk's Document Number D220025692, Official Public 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 Site Plan/Subdivision Plan known as Willow Springs Office Park,
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;
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
RETAINING WALL MAINTENANCE AGREEMENT
Rev.11/19/2020 JLE
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;
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
RETAINING WALL MAINTENANCE AGREEMENT 2
Rev_11/19/2020 JLE
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 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.
b. 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
RETAINING WALL MAINTENANCE AGREEMENT 3
Rev. 11/19/2020 JLE
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 on the Landowner, its administrators, executors, assigns, heirs and any
other successors in interests, including any property owners association.
[REMAINDER OF THIS PAGE TO REMAIN BLANK]
RETAINING WALL MAINTENANCE AGREEMENT
Rev.11/19/2020 JLE 4
Executed this 28th day of December 20 20
CITY: LANDOWNER:
ba.�Bu�A6u7d�
Dana Burghdoff( c 28,20 16:23 CST)
Dana Burghdoff, Asst. City Manager Frederick arnoush, Manager
City of Fort Worth Willow Springs Diamond Club
Building^,�L.LC
Date: Dec 28,2020 Date:
Approved as to Form and Legality:
Christy R.Lopez-Reynold (Dec 28,2020 fEr.51 CST)
Christa Reynolds, Sr. Asst. City Attorney
City Attorney's Office
Date: Dec 28,2020 �4a�nnu
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ATTEST: 00*a°° o*�
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2 Contract Compliance ManagQer:
r Ronald P.Gonzales(Dec29,202012:� sT)/17 � b
By signing I acknowledge that I am the
Mary Kayser, City Secretary
City Secretary's Office person responsible
for the monitoring and administration of
Date: Dec 29,2020 this contract, including
ensuring all performance and reporting
requirements.
Janie S. Morales, Planning Manager
Development Services
Date: Dec 28, 2020 OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
RETAINING WALL MAINTENANCE AGREEMENT 5
Rev.11/19/2020 JLE
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on December 28 2020 by
Dana Burghdoff, Assistant City Manager of the City of Fort Worth,on behalf of the City
of Fort Worth.
Digitally signed by Jennifer L
Jennifer L Ezernack Ezernack
Date:2020.12.29 11:09:47-06'00'
JENNIFER L. EZERNACKNotary Public Notary Public, State of Texas
1�9
STATE OF TEXAS
Notary I.D. 130561630
My Comm.Exp.Mar. 1,2024
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this day personally appeared Frederick
Farnoush, 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 Willow Springs Diamond
Club Building, LLC , and that he executed the same as its Manager and as the act of such
LLC and for the purposes and consideration expressed in the fo going instrument.
-- - - - - - - - - - - . A
My Commission Expires Notary Public, State of Texas
22
ID No,131
ID No.13ns0060
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
RETAINING WALL MAINTENANCE AGREEMENT 6
Rev.11/19/2020 JLE
EXHIBIT "A"
RETAINING WALL MAINTENANCE EASEMENT
TRACT 1
BEING A PORTION OF LOT 2 WILLOW SPRINGS OFFICE PARK ADDITION TO THE CITY OF
FORT WORTH, AS IT APPEARS UPON THE PLAT RECORDED IN DOCUMENT NUMBER
D220243727 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS;
SITUATED IN THE WILLIAM HICKS SURVEY, ABSTRACT NO. 694, TARRANT COUNTY,
TEXAS AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A MAG NAIL SET FOR THE NORTHWEST CORNER OF SAID WILLOW
SPRINGS OFFICE PARK ADDITION IN THE WEST RIGHT-OF-WAY LINE OF WILLOW
SPRINGS ROAD;
THENCE S 00031'08" E,ALONG THE COMMON WEST RIGHT-OF-WAY LINE AND THE WEST
BOUNDARY LINE OF SAID WILLOW SPRINGS OFFICE PARK ADDITION, A DISTANCE OF
217.32 FEET;
THENCE N 89026'46" E, A DISTANCE OF 256.67 FEET TO A 5/8" IRON ROD SET WITH
PLASTIC CAP STAMPED "MMA ESMT" FOR THE POINT OF BEGINNING;
THENCE N 72042'01" E,A DISTANCE OF 7.17 FEET TO A 5/8" IRON ROD SET WITH PLASTIC
CAP STAMPED "MMA ESMT";
THENCE N 17017'59" W, A DISTANCE OF 13.49 FEET TO A 5/8" IRON ROD SET WITH
PLASTIC CAP STAMPED "MMA ESMT";
THENCE N 72042'01" E, A DISTANCE OF 112.49 FEET TO A 5/8" IRON ROD SET WITH
PLASTIC CAP STAMPED "MMA ESMT";
THENCE S 54045'22" E, A DISTANCE OF 15.25 FEET TO A 5/8" IRON ROD SET WITH
PLASTIC CAP STAMPED "MMA ESMT';
THENCE N 72040'42" E, A DISTANCE OF 73.95 FEET TO A 5/8" IRON ROD SET WITH
PLASTIC CAP STAMPED "MMA ESMT";
THENCE S 17017'59" E, A DISTANCE OF 25.23 FEET TO A 5/8" IRON ROD SET WITH
PLASTIC CAP STAMPED "MMA ESMT";
THENCE S 72042'01" W, A DISTANCE OF 10.00 FEET TO A 5/8" IRON ROD SET WITH
PLASTIC CAP STAMPED "MMA ESMT';
THENCE N 17°17'59" W, A DISTANCE OF 15.23 FEET TO A 5/8" IRON ROD SET WITH
PLASTIC CAP STAMPED "MMA ESMT";
1
THENCE S 72040'42" W, A DISTANCE OF 68.88 FEET TO A 5/8" IRON ROD SET WITH
PLASTIC CAP STAMPED "MMA ESMT";
THENCE N 54045'22" W, A DISTANCE OF 15.25 FEET TO A 5/8" IRON ROD SET WITH
PLASTIC CAP STAMPED "MMA ESMT";
THENCE S 72042'01" W, A DISTANCE OF 97.56 FEET TO A 5/8" IRON ROD SET WITH
PLASTIC CAP STAMPED "MMA ESMT";
THENCE S 17017'59" E, A DISTANCE OF 13.49 FEET TO A 5/8" IRON ROD SET WITH
PLASTIC CAP STAMPED "MMA ESMT";
THENCE S 72042'01" W, A DISTANCE OF 17.17 FEET TO A 5/8" IRON ROD SET WITH
PLASTIC CAP STAMPED "MMA ESMT";
THENCE N 17017'59" W, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING AND
CONTAINING 0.055 ACRES (2,376 SQUARE FEET) MORE OR LESS.
SEE ACCOMPANYING SKETCH.
STEPHEN•H...ROBERS0N
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aA 4090° P
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S _PHEN H. ROBERSON SEPTEMBER 24, 2020 ..suRv��
RPLS NO. 4090
2
EXHIBIT rrA11
RETAINING WALL MAINTENANCE AGREEMENT EASEMENT — TRACT 1
LOCATED IN THE COLEMAN BOYD SURVEY, ABSTRACT NO. 212
IN THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
I FYI} SURVEY
I I COLCVAN B Np, 912
I FCC CALLED 91.8 ACRES ABSTRACT
WILSON D. BOAZ
NAG NAIL SET R NORTH
CCJ D214031205 TEXASGATHERING, L.P.
NAD 83 (GRID) OPRTCT 10' ONCOR ESMT PIPELINE ESMT
N.7032626.9 VOL 15982, PG 4 CCf D205298916 5/8"
E.2308350.0 " DRrcr ORTCT
N_89 55'32 E 1274.68_ _ _ IRF
r, R.TAINING' WA.
�` - - - - - - - - - -T— =20' CITYOF FORT WORTH ( FLOODPLAIN ESMT
ERMANENT WATER MAIN ESMT CC#D220243727 LOT 1 � —CCU D203127623 OPRTCT
OPRTCT. _ _ _ — — -- LOTS 1 & 2 l FLOODPLAIN ESMT
aI -TRACT 1 WILLOW SPRINGS CCf DD22 243727 OFFICE PARK°° NMAINTENANCE CCU' D220243727 OTE? OPRTCTL4. EASEMENT CIRS aRs
I O.055 ACRES r 10' S CIRS
O N 4 • � Y CIRS L r 20' ATMOS GAS ESMT
N O O � �'� IV(2t376 SQL L2 5.1' 3 VOL 4546, PG 224
v gI I CIRS L. C/RS IRS LOT 2 /ORTCT
Q i 1 1 N 8976'46' E 256.67' L 1 S CIRS
CIRS L9 LS i
FLOOOPLAIN ESMT CI L 12 L 10 CIRS ' �C
CC# D220243727 TDI/sT 14 S I
OPRTCT � CIRS 24' EMERGENCY ACCESS 1
I f NAD 83 (GR1D) CIRS L 13� cCf D 20243727
N.7032412.09 OPR7CT
1 I E.2308608.63 LOT 2
THE BASIS OF BEARING IS THE TEXAS
STA TE PLANE COORDINA TE SYSTEM
LINE TABLE LINE TABLE NAD83, NORTH CENTRAL ZONE 4202,
THE COORDINATE VALUES SHOWN ARE
LINE BEARING DISTANCE LINE BEARING DISTANCE GRID. TO CONVERT TO SURFACE, APPLY
a
r THE COMBINED SCALE FACTOR OF
L1 N 7242' " ' '
01 E 7.17 L8 N 17'17'S9" W 15.23 1.00016041506, BASE POINT OF 0,0,0
L2 N 17'17'59" W 13.49' L9 S 72'40'42" W 68.88'N LEGENDfABBREYZATlONs
O
9 L3 N 72 42'01" E 112.49' L10 N 544522" W 15 25' CIRS 5/8" CAPPED IRON ROD
L4 S 544522" E 15.25' L11 S 7242'01" W 9Z56' SET STAMPED "MMA ESMT"
E CIRF CAPPED IRON ROD FOUND
L5 N 72 40'42" E 73.95' L 12 S 17'17'59" E 13.49' IRF IRON ROD FOUND
OPRTCT OFFICIAL PUBLIC RECORDS,
L6 S 17'17'59" E 25.23' L 13 S 7242'01" W 1 Z 17' TARRANT COUNTY, TEXAS
L7 S 7242'01" W 10.00' L14 N 17*1759" W 10.00' CCf COUNTY CLERK'S
INSTRUMENT NUMBER
POC POINT OF COMMENCING
POB POINT OF BEGINNING
1, STEPHEN H. ROBERSON, REGISTERED PROFESSIONAL LAND
SURVEYOR, HEREBY STATE THAT THIS EXHIBIT WAS MADE F11 m m a
FROM AN ACTUAL ON THE GROUND SURVEY BY ME OR
UNDER MY DIRECT SUPERVISION. ��,.O F„ T
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[O:. C31fW7 tbp els registration number. f — 2759
.............................. thielsregistation/license number. 10088000
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STEPHEN H. ROBERSON
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81 7 - 469— 1 671
a STE HEN ROBERSON SEPTEMBER 24, 2020 9
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REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4090 S U Rj
a STATE OF TEXAS www .mmatexas. com
DATE: 9-24-202o gam; 1"= foo' DRAWN BY: /s CHECKED BY: sHR Mpg, Np„2s98-0o-02 PAGE 3 OF 3
EXHIBIT "A"
RETAINING WALL MAINTENANCE EASEMENT
TRACT 2
BEING A PORTION OF LOT 2, WILLOW SPRINGS OFFICE PARK ADDITION TO THE CITY
OF FORT WORTH, AS IT APPEARS UPON THE PLAT RECORDED IN DOCUMENT NUMBER
D220243727 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS;
SITUATED IN THE WILLIAM HICKS SURVEY, ABSTRACT NO. 694, TARRANT COUNTY,
TEXAS AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A MAG NAIL SET FOR THE NORTHWEST CORNER OF SAID WILLOW
SPRINGS OFFICE PARK ADDITION IN THE WEST RIGHT-OF-WAY LINE OF WILLOW
SPRINGS ROAD;
THENCE S 00031'08" E,ALONG THE COMMON WEST RIGHT-OF-WAY LINE AND THE WEST
BOUNDARY LINE OF SAID WILLOW SPRINGS OFFICE PARK ADDITION, A DISTANCE OF
446.96 FEET;
THENCE N 89026'46" E, A DISTANCE OF 85.42 FEET TO A 5/8" IRON ROD SET WITH
PLASTIC CAP STAMPED "MMA ESMT" FOR THE POINT OF BEGINNING;
THENCE N 72042'01" E, A DISTANCE OF 509.00 FEET TO A 5/8" IRON ROD SET WITH
PLASTIC CAP STAMPED "MMA ESMT";
THENCE S 17017'59" E, A DISTANCE OF 10.00 FEET TO A 5/8" IRON ROD SET WITH
PLASTIC CAP STAMPED "MMA ESMT";
THENCE S 72042'01" W, A DISTANCE OF 509.00 FEET TO A 5/8" IRON ROD SET WITH
PLASTIC CAP STAMPED "MMA ESMT";
THENCE N 17017'59" W, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING AND
CONTAINING 0.117 ACRES (5,090 SQUARE FEET) MORE OR LESS.
SEE ACCOMPANYING SKETCH.
STEPHEN°H� ROBERSOIJ
�..............................
STE EN H. ROBERSON SEPTEMBER 24, 2020 \� 4090
RPLS NO. 4090
.v_
1
EXHIBIT rfAIl
RETAINING WALL MALVTENANCE AGREEMENT EASEMENT — TRACT 2
LOCATED IN THE COLEMAN BOYD SURVEY, ABSTRACT NO. 212
IN THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
ITH
� CALLED 91.8 ACRES
WILSON D. BOAZ
INAD
AG NAIL SET CC# D214031205 TEXAS RGATHERING,OSSTEX RL.P.
, (GRID) OPRTCT 10' ONCOR ESMT PIPELINE ESMT.7032626.9 VOL 15982, PG 4- CCf D205298916 518"
E:2308350.0 N 55 1274.68' DRTCT DRTCT J�!IRF
$9 '32" E _ _ _
- - � — — I _r
- - - - -- - - �
_ —
T + 20' CITY\OF FORT WORTH FLOODPLAIN ESMT — �
j PERMANENT WATER MAIN ESMT CCf D220243727 LOT 1
CC,f D203127623 OPRTCT
- - OPRTCT - - - _ _ _ _ - - - -
- `FLOODPLAIN ESMT• '
CC,f D220243727 }�
OPRTCT
tttttt� � � ttttttttt� �• � � � �w � � � � � ttttttttttttt• ttttttt�
LOT 2 �20'ATMOS GAS ESMT CIRS L 15
• i ' VOL 4546, PG 224
DRTCT CIRS
UQo rZJj y JO9O•o 0
t 24'EMERGENCY ACCESSo EASEMENT »
- FLOODPLAlN EA SEME NT
r01 CC#0220243727 CC#D22024J727
OPRTCT 2A 9,00 OPRTCT
t4 WJ
fos 9��a 12`4
WILLOW SPRINGS OFFICE PARK
`� 5 CC# D220243727
p tip N8978'480E� OPRTCT
18142' IRs 10' TRACT 2
= I I I j 16 RETAINING WAU
P�IB TRACT I FLOODPLAIN EASEMENT- MAINTENANCE LINE TABLE
CIRS CC#D220243727 EASEMENT
NAD 83 (GRID) I OPRTCT \ FLINE BEARING DISTANCE
N.7032180.85 I 0.117 ACRES -
E.230849.49 I BpYD SURVEY 12Y� (5,090 SQ. FT.) S 17'17S9" E 10.00'
rj� I COLEMAN ACT Np. 2 ' L16 N 17'17'59" W 10.00'
X TR `
ABS
a �
c U W J 04 q 5' WATER LINE ESMT LEGENDIABBREWATIONS
a Q J �— CC#D217082105
A o w o v Q OPRTCT LOT 1, BLOCK 1 CIRS 5/8" CAPPED IRON ROD
N=Z CL I Q; I WILLOW SPRINGS STORAGE ADDITION SET STAMPED iNMA ESMT"
E p ? o o I CC# D217082105 CIRF CAPPED IRON ROD FOUND
�''C, � I CL OPRTCT IRF IRON ROD FOUND
Q v I I OPRTCT OFFICIAL PUBLIC RECORDS,
U I I I TARRANT COUNTY, TEXAS
CC# COUNTY CLERKS
THE BASIS OF BEARING IS THE TEXAS STATE PLANE COORDINATE INSTRUMENT NUMBER
�
SYSTEM NAD83, NORTH CENTRAL ZONE 4202, THE COORDINATE POC POINT OF COMMENCING
Co VALUES SHOWN ARE GRID. TO CONVERT TO SURFACE, APPLY THE POB POINT OF BEGINNING
COMBINED SCALE FACTOR OF 1.00016041506, BASE POINT OF 0,0,0
1, STEPHEN H. ROBERSON, REGISTERED PROFESSIONAL LAND
SURVEYOR, HEREBY STATE THAT THIS EXHIBIT WAS MADE LL m m a
a FROM AN ACTUAL ON THE GROUND SURVEY BY ME OR
z UNDER MY DIRECT SUPERVISION. �E 0 . T
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DATE:9-24-2020 SCALE, f"= 100' DRAWN BY: ,ANS CHECKED BY: SHR JOB, No.:2998-00-02. PAGE 2 OF 2
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