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Home My WebLink AboutContract 44452 (2)� - �, � ��:�, AGREEMENT THIS AGREEMENT FOR MAINTENANCE AND LANDSCAPING SERVICES ("Agreement"), made and entered into as of the last day signed by a Party hereto, is by and between the City of Fort Worth, a Te�as home rule municipal col•poration ("City") and Sundance Plaza, LLC, a Texas limited liability company, and Sundance Plaza Buildings, LLC, a Texas limited liability company (collectively, "Developer"). City and Developer are sometimes referred to as a Party or Parties. SECTION 1 DESCRIPTION OF PROPERTY 1.01 Developer is the ownet• of cer�tain property in Fort Worth, Tarrant County, Texas, located between 3rd, 4t�', Houston, and Commerce Streets in downtown Fort Worth, and depicted on Exhibit "A", attached and incorporated into this Agreement (the "Developer Property"). 1.02 The City and Developer hereby agree that Developer will provide, furnish, and perform the services specified herein on City-owned sidewallcs and right-of-ways (the "Project Site") located adjacent to the Developer Property, as fiirther described in this Agreement in Exhibit "A", attached and incorporated into this Agreement. SECTION 2 DUTIES AND R�SPONSIBILITIES 2.01 Developer shall commence, cariy on, and provide the services described herein in accordance with this Agreement and its attachments and all applicable laws. In providing such setvices, Developer shall talce such steps as are appropriate to ensure that the work involved is properly coordinated with any related worlc performed by the City or the City's authorized representative. 2.02 Developer represents that it has or will secure, at its own expense, all materials, supplies, machineiy, equipment, tools, superintendence, labor, personnel, insurance, and other accessories and services necessary to provide maintenance of the following elements ("Improvements"), all of which are to be installed pursuant to and as more particularly described in the Construction Contract between Developei• and HCBecic, LTD, Developer's general contractor, which contract is the subject of Community and Facilities Agreement Contract No. between Developer and the City of Fort Worth Transportation and Public Worlcs Department (such Construction Conti•act and Community and Facilities Agreement Contract are referred to herein as "Contracts"): FOR MAINTENANCE AND LANDSCAPING SERVICES a. Maintain landscaping and private irrigation systems, components, and sumps. Remove and replace dead vegetation. Malce sure any ct�acics in sidewallcs are weed free. Trees and shrubs need to be trimmed and pruned according to their species. Make stu�e trash is piciced up on a regular basis. b. Maintain special sidewall<, ADA ramps, bricic pavers, and pavement treatments. Page 1 of 12 �EC�1�1�D M��' � (� ;_'p.)i� i� . . ,�` ', :�� .� ,rw. � � � � � ,�. c. Maintain, manage, and position seating walls, newsracics, trash receptacles, benches (all types), waterproof outlets, handrails, signage, conduits, lighting, and all private utilities. d. Maintain and operate designated on-street recessed drop-off areas directly in front of the Commerce Building at 420 Commerce Street and the Westbroolc Building at 425 Houston Street. e. Maintain all PVC stub outs and drain lines connected to City storm drain inlets. f. Maintain landscape uplights, step lights, and LED ingrade lights. g. Maintain all the tree well types. h. Maintain Banners attached to Street lights according to City policy. i. Maintain all sleeves. j. Maintain all retaining walls. k. Developer shall be notified by the City in the event that any additional on-street parlcing is planned for the perimeter immediately adjacent to the Project Site. Furthermore, the City agrees to include Developer in its planning effort to identify mutually-acceptable locations for such additional on-street parlcing and associated metering devices and ancillary improvements. 2.03 The City shall be responsible for maintaining its streets and travel lanes excluding the designated on-street parking (2.02 d, above) and special pavement treatments (2.02 b, above) in accordance with normal City policies and procedures. The City shall take such steps as are appropriate to ensure that the work involved is properly coordinated with any related work performed by Developer or the Developer's authorized representative. 2.04 In the event that any City-owned property, such as utilities, equipment, turf, etc., are damaged or destroyed during watering, or maintenance of the landscape improvements due to negligence or acts of omissions of Developer, Developer shaIl be responsible for all repairs or replacements. 2.05 In the event Developer, its successor or assigns, fails to maintain the areas described in Section 2.02 in the manner required by this Agreement, City shall provide written notice of the non-compliant conditions to Developer, its successor or assigns. Developer, its successors or assigns, shall make any necessary repairs to comply with this Agreement within thirty (30) days of receipt of such written notice or, if such repairs are not reasonably able to be completed within thirty (30) calendar days, Developer shall have, within that period, begun work on such repairs and shall diligently pursue them to completion, Provided, however, that if the non-compliant conditions creates a condition which poses an immediate threat to life, health, or property such repair shall be completed within thirty (30) days of receipt of written notice. If Developer, its successors or assigns, does not make such repairs as provided herein, the City may enter upon the Project Site and take whatever steps reasonably necessary to correct the non-compliant conditions and to charge the costs of such repairs to Developer, its successois and assigns. 2.06 The City is not obligated to repair Improvements beyond a level of City's standard street or pavement design. In the event however, the City pursuant to this Agreement performs any worlc of any nature that is Developer's obligation hereundet• and which Developer has failed to perform, or the City expends any funds in performance of said worlc for labor, use of equipment, Page 2 of 12 supplies, materials, and the lilce that is Developer's obligation hereunder and which Developer has failed to perform, Developer, its successors or assigns, shall reimburse the City upon demand, within thit�ty (30) days of receipt thereof, for the costs attributable to such work performed by the City including, if such repair is made, the cost difference between (i) the City's standard street pavement design and (ii) the Improvements installed by the Developer and for the total cost of any repairs that are outside of the street pavement area. In the event that Developer or its successors or assigns fails to pay the City for the costs incurred under this section, the City may impress a lien for the costs of such work upon the adjacent lot(s) within the Developer Property. 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. A release of lien shall be filed in the office of the County Clerk of Tarrant County, Texas upon reimbursement by Developer for all reasonable and actual costs incurred by the City for the work performed. SECTION 3 TERM OF AGREEMENT 3.01 This term of this Agreement shall commence upon Developer commencing any work on the Project Site pursuant this Agreement and shall continue until the earlier of (i) Developer's permanent removal of the Improvements from the Project Site and restoration of the Project Site to the then-existing City standards or (ii) the earlier termination of this Agreement as provided herein. SECTION 4 TITLE AND CONSTRUCTION 4.01 The Parties acicnowledge that the Improvements to be maintained as provided in this Agreement are the subject of the Contracts and that all necessary reviews, approvals, consents, inspections and modifications of such Improvements, if any, have been or will be made pursuant to those Contracts. Subject to the provisions of the Contracts, Developer shall retain ownership of the landscaping plants, special sidewalk and pavement pavers, benches, project signage, special lighting and other Improvements located in the City right-of-way pursuant to the Contracts. SECTION 5 RIGHT OF ACCESS 5.01 City through its Manager, Transportation and Public Worlcs Director, police and fire personnel, and other designated representatives, has the right at any time to enter any portion of the Project Site (without causing or constituting a termination of the use or an interference of the use of the Project Site by Developer) for the purpose of inspecting and maintaining the same and doing any and all activities necessary for the proper conduct and operation of property; provided this shall not authorize or empower City to direct the activities of Developer or assume liability for Developers activities. 5.02 The City will have the right but not the obligation to malce routine inspections of the Project Site. In the event the City observes non-compliance of an area or a condition which Page 3 of 12 poses an immediate threat to life, health, or property, the City shall notify Developei• in writing and give a reasonable period of time to correct the area in accordance with Section 2.05 of this Agreement. 5.03 Developer shall maintain the areas described in Section 2.02 in the manner required by this Agreement. If, as a result of any inspection by the City, Developer is made aware of any deficiency in the safe and proper functioning of the Improvements described in Section 2.02 then Developer shall submit an inspection report to the City. Such inspection report shall (i) note any areas described in Section 2A2, or portions thereof, which need maintenance or replacement to perform their design function and (ii) address the corrective actions to be talcen by Developer in accordance with Section 2.05 of this Agreement. SECTION 6 INDEMNIFICATION 6.01 DEVELOPER, ITS SUCCESSORS OR ASSIGNS, AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS, VOL ZINTEERS, AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCL UDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCL UDING ALLEGED DAMAGE OR LOSS TO DEVELOPER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) DEVELOPER'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) A�VY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF DEVELOPER, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITI� OR SUBCONTRACTORS, RELATED TO LANDSCAPE MAINTENANCE OR THE PERFORMANCE OF DEi�ELOPER'S OBLIGATIONS UNDER THIS AGREEMENT; EXCEPT THAT THE INDEMNITYPROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF SOTH DEVELOPER AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CO�STR UED AS A WAZT�ER OF THE CITY'S GOVERNMENTAL I�IMUNITYAS FURTHER PROVIDED BY THE LAWS OF TEXAS. 6.02 Developer, its successors or assigns, covenants and agrees that City shall in no way nor under any circumstances be responsible for any property belonging to Developer, its members, employees, agents, contractors, subcontractors, invitees, licensees, or tl�espassers, which may be stolen, destroyed, or in any way damaged, and the Developer hereby releases the City from any and all such claims. The City does not guarantee police protection and will not be liable for any loss or damage sustained by Developer, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers on the Project Site. Page 4 of 12 6.03 It is further agreed that the acceptance of this release shall not constitute a waiver by the City of Fort Worth of any defense of governmental immunity, where applicable, or any other defense recognized by the statutes and court decisions of this State. SECTION 7 INSUIZANCE 7.01 Developer shall not commence worlc under this Agreement until it has obtained all the insurance required under the Contracts and the City has approved such insurance. Developer shall be responsible for delivering to the City Developer's certificate of insurance for approval. Subcontractors shall provide to Developer documentation of insurance reasonably equivalent to that required of Developer's General Contractor under the Construction Contract, according to the liability exposures related to the subcontractor's services and/or materials. A. Commercial General Liabilitv Insurance: Developei� shall procure and maintain during the life of this Agreement and any extension period, a commercial general liability insurance policy in the amount not less than $1,000,000 covering each occurrence. B. Worlcer's Compensation Insurance: Developer shall procure and maintain during the life of this Agreement and any extension period, Worlcers' Compensation and Employers' Liability insurance coverage with limits consistent with statutory benefits outlined in the Texas Worlcers' Compensation Act (Texas Labor Code Ch. 406, as amended) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $100,000 each disease per employee and $500,000 disease policy limit. C. Automobile Insurance: Developer shall procure and maintain, during the life of this Agreement and any extension period, a comprehensive bodily injury and property damage automobile liability policy in the amount not less than $1,000,000.00 for each accident. This policy shall cover any automobile used by Developer within the scope of this Agreement. 7.02 The insurance specified in 7.01. hereof shall comply with the following requirements: a. The City of Fort Worth, its officers, employees, and volunteers shall be named as an Additional Insured on Developers Insurance Policies. The additional insured status does not apply to Worker's Compensation policies. b. Any failure on the pai�t of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. c. Each insurance policy shall contain a provision stating that the insurer shall endeavor to provide the City a minimum thirty (30) days' notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten-day notice shall be acceptable in the event of non-payment of premium. d. Wavier of rights of recovery (subrogation) in favor of the City of Fort Worth. e. Except for workers' compensation, all insurers must have a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of the City's risk management department. If the rating is below that required, written approval of the City's rislc management department is required. Page 5 of 12 f. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. g. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". h. The City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessaiy and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth. The City shall be required to provide at least ninety (90) days prior written notice of any revised requirements. i. Deductible limits, or self-funded retention limits, on each policy must not exceed $50,000.00 per occurrence (so long as commercially available) unless otherwise approved by the City. j. City will not be responsible for the direct payment on insurance premium costs for Developer's insurance. lc. Developer's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. 1. While this Agreement is in effect, Developer shall report, in a timely manner, to the City any known loss occurrence in the Project Site that could give rise to a liability claim or lawsuit or which could result in a property loss. m. Upon the request of City, Developer shall provide evidence of insurance policies required by this Agreement. n. Insurance certificates satisfactory to the City must be received before Developer can begin worlc under this Agreement. Failure to supply and maintain such insurance shall be a breach of contract. 7.03 The City acicnowledges that the insurance described on the Insurance Certificate attached hereto as Exhibit "B" satisfies the insurance requirements of this Agreement. SECTION 8 INDEPENDENT CONTRACTOR 8.01 Developer shall perform all work and services hereunder as an independent contractor and not as an officer, agent, servant or employee of the City. Developer shall have exclusive control of, and the exclusive right to control the details of the worlc performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees and subconsultants (or subco�t�actors). Nothing herein shall be construed as creating a partnership or joint venture between the City and Developer, its officers, agents, employees and subconsultants (oN subcontractors), and doctrine of respondeat superior has no application as between the City and Developer. SECTION 9 LICENSES AND PERMITS Page 6 of 12 9.1 Developer shall comply with all federal, state and local laws, rules and regulations as well as with all regulations, restrictions and requirements of the police, fire and health departments now or hereafter in effect which are applicable to its operations. Developer shall obtain and keep in effect at its own cost and expense all licenses, permits, and taxes incurred or required in connection with this Agreement and its operations hereunder. SECTION 10 LIENS 10.01 Developer, its successors or assigns, agrees that it shall do no act nor malce any contract that may create or be the foundation for any lien upon or interest in the City's property, and any such contract or lien attempted to be created shall be void. Should any purported lien on City property be created or filed, Developer, its successors or assigns, at its sole expense, shall liquidate and discharge same within thirty (30) days after notice from City to do so. SECTION 11 TERMINATION AND DEFAULT ll.01 Subject to the provisions of Section 12.02 below, in the event Developer fails to comply with any of the terms and conditions of this Agreement after notice and the passage of the appropriate cure period provided in this Agreement, City shall have the right, and without further notice, to declare this Agreement immediately teiminated by written notice to Developer and to enter into and take full possession of the City's interest in the Project Site, save and except such personal property and equipment as may be owned by Developer. In the event of such cancellation of this Agreement by the City, all rights, duties and privileges of Developer hereunder shall cease and terminate. ll.02 Developer shall be notified by written correspondence of Developer's failure to comply with any of the terms and conditions of this Agreement. Developer shall have thirty (30) calendar days from the date of written correspondence to correct deficiencies or, if such deficiencies are not reasonably able to be corrected within thirty (30) calendar days, Developer shall have, within that period, begun work on such corrections and shall diligently purse them to completion. 11.03 Upon termination, the parties shall be released from all obligations contained in this Agreement except for any indemnification obligations pursuant to Section 6 of this Agreement occurring prior to the effective date of such termination. 11.04 Termination notice shall be considered rendered when placed in the United States Postal Service for delivery to the other party in accordance with Section 14. SECTION 12 Page 7 of 12 NON-DISCRIMINATION/DISABILITIES 12.01 Developer, in its maintenance, occupancy, or use of the Project Site shall not discriminate against any person or persons because of race, age, gender, religion, color, national origin, sexual orientation, or disability. SECTION 13 NOTICES 13.01 Any notice required shall be sufficient if deposited in the U.S. Mail, postage prepaid and addressed to the other party as follows: CITY: City of Fort Worth Transportation & Public Worlcs Department Attn: Assistant Director for 1000 Throckmorton Fort Worth, Texas 76102 With copy to: City Attorney's Office 1000 Throcicmorton Fort Worth, Texas 76102 DEVELOPER: Sundance Plaza, LLC Sundance Plaza Buildings, LLC c/o Sundance Square Management, LP 201 Main Street, Suite 700 Fort Worth, Texas 76102 SECTION 14 VENUE AND J[TRISDICTION 14.01 This Agreement shall be governed by the laws of the State of Texas. Venue for any action brought to interpret or enforce, or arising out of or incident to, the terms of this Agreement shall be in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. SECTION 15 ASSIGNMENT 15.01 Developer agrees that it will not assign all or any part of its rights, privileges or duties hereunder without the prior written consent of the City and any attempted assignment of same without such prior consent of the City shall be void except that Developer may, without prior written consent, assign any or all of its rights, privileges or duties hereunder to an affiliate (defined as an entity under common control with Developer) or to an authorized Public Page 8 of 12 Improvement District whose boundaries include the Project Site ("Allowed Assignment"). In the event of an Allowed Assignment, Developer will notify the City within thirty (30) days of such assignment. If notice of an Allowed Assignment is not provided within thirty (30) days to the City such assignment shall be void. In the event of an assignment permitted above, Developer shall automatically be released from any further obligation or liability under this Agreement. Notwithstanding the foregoing, or anything in this Agreement to the contrary, it is understood and agreed that Developer will contract or subcontract various parts of its obligations hereunder to others to perform on behalf of Developer, and such contracting or subcontracting is expressly permitted hereunder. 15.02 Subject to the limitations contained herein, the covenants, conditions and agreements made and entered into by the pai�ties hereunder are declared to be for the benefit of and binding on their respective successors, representatives and permitted assigns, if any. 15.03 Notwithstanding anything herein to the contrary, no provision of this Agreement shall be construed to prohibit or restrict Developer's ability to sell, lease, pledge or otherwise transfer the Developer Property or any part thereof. Upon any such transfer of the Developer Property, the benefits and obligations of this Agreement shall run with the Developer Property, or portion thereof, and bind Developer's successors in interest in proportion to the interest in the Developer Properry so transferred. SECTION 16 WAIVER, SECTION HEADINGS, AND SEVERABILITY 16.01 In the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained; provided however, that the invalidity of any such covenant, condition or provision does not materially prejudice either Developer or City in connection with the rights and obligations contained in the valid covenants, conditions or provisions of this Agreement. 16.02. The waiver by the City of any default or breach of a term, covenant or condition of this Agreement shall not be deemed to be a waiver of any other breach of that term, covenant or condition or any other term, covenant or condition of this Agreement, regardless of when the breach occurred. 16.03 The headings in this Agreement are inserted for reference only, and shall not define or limit the provisions hereof. S�CTION 17 SUCCESSORS AND ASSIGNS 17.01 This Agreement shall be recorded in the Reai Property Records of the applicable county and shall be a covenant running with the land binding upon all parties having any right, title or interest in the Developer Property and Project Site, or any part thereof, including their heirs, Page 9 of 12 successois and assigns, and shall inure to the benefit of the owners of the Developer Property and Project Site and to the City. SECTION 18 ENTIRE UNDERSTANDING 18.01 This written instrument including all Attachments, Schedules, and Exhibits attached hereto constitutes the entire agreement by the Parties concerning this Agreement and the obligations of the Parties, and any prior or contemporaneous oral or written agreement that purports to vary fi•om the terms hereof shall be void. This Agreement cannot be modified or amended without the written consent of all the Parties. 18.02 Neither this Agreement nor any provision hereof may be modified except by an instrument in writing, signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successoi•s and assigns. IN WITNESS WHEREOF, the pai•ties have executed this Agi•eement in multiple counterparts. CITY OF FORT WORTH BY� �iC�+ Fernando Costa Assistant City Manager Date: S' !!�' !3 Approved as t6Form � d Legality 1 , By: � _ � Assistant City Attorney ATTEST By: �/�� / )1 f,_ (_ : i_ �-%, > Secretaiy M&C: C�-�'��`� Date: '=� � � � � � (� , Page 10 of 12 �_ y�y.... ._, _ �� ^1�\\ p�� ooa � ��cA°° A °O°o��, �� o�� F �U F o '�F r. fi� ,� , � �. 1 ." I r DEVELOP�R: [.Yil�l7_��[�1�! Page 11 of 12 TI� STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authoi•ity, a Notaiy 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 insh�ument, and acicnowledged 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of , 2013. _ T.r.�� _ � . :'=�ti��'ri,'�-, t;UONIA 7ANIELS g ' °�': i � *' Mv rc�r,4MiSSinN EXPIR ary Public in and for the State of Texas -,,,�oF`�'s' July10,RGt3 , „, 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 petsonally appeared �� n r� �� , {�{ �.��.� , known to me to be the person whose name is subscribed to the foregoing instrui ent, and acicnowledged to me that he/she executed the same for the purposes and consideration therein eYpressed, as �i ; Li�c e�',��,,tof Sundance Plaza, LLC, a Texas limited liability company, as the act and deed of said limited liability company. � GIVEN LTNDER MY HAND AND SEAL OF OFFICE this �� day of (�,1~ � - ' 2013. _ _ -_ � �`� .� � �� ,��b"{'�°� ", h'� �� t�s; �'-�� . THE STATE i COUNTY OF ARRANT _.,�'��c�. �.,` L G �, i!st_� ai�V�`'l �;4��;4vi�s 4�� ;i ;�;"3"r�`� � ''�F `3'�.�v%. ; N'c 'r.hy i'.on1i�. ,,p.1 �-iu-��J �:s � . �,; , -. _ § _��-=�� - Public in and �� the State of Texas BEFORE ME, the undersigned authority, a Notaiy Public in and for the State of Texas, on this day personally appeared � c�hhh�i ,��pht� �' , known to me to be the person whose name is subscribed to the foregoing ins rument, and a lc cnowled ed to me that he/she executed the same for the puiposes and consideration therein expressed, as�' :- r�s�� of Sundance Plaza Buildings, LLC, a Texas limited liability company, as the act and deed of said limited liability company. GN N iJNDER MY HAND AND SEAL OF OFFICE this � �t� ' , , 2013. - _ - - a�=� � __ � ��.y�� . - , 1�� p.�r�'N�� Y�!'il✓p.`a �Y�N��Sd�� j�� "�L �#� IY�'`^l.:��i�f i�L1L7'4.tl4� �y �f� 8'�� : � f` t f :- � � � I l.'.�-�.f� � �;``__� `` � I 'ir, . _ri.i E�,F�.f �5 .n � —_ n `C` day of � ( ��L Notaiy Public in and for the State of Texas Page 12 of 12 � � PLOTiED BY: htarbut, Oad Q'�: ThvsdaY, k�'Y 07, N13 A1: 3:M Pt-0 FREPATH: \M'.�M1Vdc sYstanlP�duttlonl�1001�188.OD3Weziqn�Ravrin9s�E�hbAs\I3-0HV hfAVfiE1WiCE M,l2EEt.tENl�J•WMENNNlCCE A(itEEFfEPfr FFJOitBR.Mq M&C Review http: //apps. cfwnet. org/counc i l�acket/mc_revi ew. asp?ID=183 77&coun... OH'icial s�te of the City of Fort Worth, Texas CITY COUNCIL AGENDA DAT E: FURT ��'URTII -',t,,r COUNCIL ACTION: Approved on 5/7/2013 5/7/2013 REFERENCE **C-26218 LOG 06PLA74MAINTENANCEAGREEMENT NO.: NAME: CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Streetscape Maintenance Agreement for Maintenance and Landscaping Services with Sundance Plaza, LLC, for the Public Sidewalks Surrounding the New Sundance Plaza (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Agreement for streetscape maintenance and landscaping services with Sundance Plaza, LLC, for the public sidewalks surrounding the new Sundance Plaza. DISCUSSION: The Agreement for Streetscape Maintenance and Landscaping Services is necessary to assure proper maintenance of enhanced sidewalk improvements and landscaping made by the owner, Sundance Plaza LLC, within the public right-of-way. The Agreement will include the maintenance for the proposed hardscape and landscaping in the right-of-way. The terms of the private maintenance Agreement are required by the Transportation and Public Works Department to allow for the construction of non-standard parkway improvements in the project. The improvements are located in the sidewalks adjacent the new Sundance Plaza, which is bound by 3rd Street and 4th Street, Houston and Commerce Streets (Exhibit A). The maintenance shall occur at no expense to the City of Fort Worth. This property is located in COUNCIL DISTRICT 9. 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 Citv Manager's Office bv: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers Fernando Costa (6122) Randle Harwood (6101) David Schroeder (2239) 1 of 2 OS/08/2013 9:42 AM M&C Review ATTACHMENTS sundance maintenance area.pdf http://apps.cfwnet.org/council�ackebmc review.asp?ID=18377&coun. 2 of 2 OS/08/2013 9:42 AM