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HomeMy WebLinkAboutContract 59993Date Received: 8/28/2023 Time Received: 8:04 am Permit No.: SWFMA-22-0013 City Secretary No.: 59993 RETAINING WALL MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 29th day of August 2023 by and between 7550 Oak Grove (Fort Worth) Owner, LLC, a Delaware limited liability company, 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 BEING a 14.3643 acre (625,707 square foot) tract of land situated in the J. Jennings Survey, Abstract No. 874, City of Fort Worth, Tarrant County, Texas; said tract being all of Lot 2R3, Block 7, Carter Industrial Park, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D223035734 of the Official Public Records of Tarrant County, Texas, , 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 6900 AWG Wav, Fort Worth, Texas 76140, 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 being more particularly described by the metes and bounds in Exhibit "A"; 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; OFFICIAL RECORD RETAINING WALL MAINTENANCE AGREEMENT CITY SECRETARY Rev. 03/15/2022 BN FT. WORTH, TX 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; 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 to inspect the Facility Property on weekdays during normal business hours. 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, and such failure RETAINING WALL MAINTENANCE AGREEMENT 2 Rev. 03/15/2022 BN continues for a period of thirty (30) days after written notice is sent from the City to cure the deficiencies, 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 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 Section 4 of 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 may 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, and the priority of such lien shall be determined as of the date of filing. 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 OF FORT WORTH, ITS AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION RETAINING WALL MAINTENANCE AGREEMENT 3 Rev. 03/15/2022 BN WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE FAILURE OF LANDOWNER OR ANY FUTURE OWNERS OF THE ABOVE FACILITY PROPERTY TO CONSTRUCT OR MAINTAIN THE RETAINING WALL FACILITY 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 FOOTING, AND (2) AND FAILURE OF THE RETAINING WALL AND ITS FOOTING TO OPERATE IN A MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA. 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. Notwithstanding anything to the contrary contained in this Agreement, neither Landowner nor any future owner of all or any portion of the Property shall be liable under any indemnification or other obligations under this Agreement with respect to claims, losses, damages, events or occurrences other than those arising during or relating to the respective period of such Landowner's or future owner's ownership of the Property. [REMAINDER OF THIS PAGE TO REMAIN BLANK] RETAINING WALL MAINTENANCE AGREEMENT 4 Rev. 03/15/2022 BN Executed this 29th day of August 2023. CITY: a Dana Burghdoff (Aug 2023 CDT) Dana Burghdoff, City Manager City of Fort Worth Date: Aug 25, 2023 Approved as to Form and Legality: Thomas Royce Hansen, Assistant City Attorney II City Attorney's Office Date: Aug 25, 2023 ATTEST: Jannette Goodall, City Secretary City of Fort Worth Date: Aug 28, 2023 4.p44IlIlIln lj�s FF..... as Q Pvo o=d QQa* `oo o00*�d daa4 bEaa54ap LANDOWNER: 7550 OAK '1 (FORT WORTH) O ER, LL a Delaware li it liabilit company --'fry naul1C-U a', Vice President Date: 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. Rebecca Diane Owen (Aug 25, 202314:19 CDT) Rebecca Owen, Planning Manager Development Services Date: Aug 25, 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX RETAINING WALL MAINTENANCE AGREEMENT 5 Rev. 03/15/2022 BN STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on AtAcros+e9s . by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. ,•``"r:''�•, BROOKE BONNELL S Notary Public, State of Texas Comm. Expires 10.11-202a Notary ID 134009625 STATE OF COUNTY OF G� Notary Public, State of Texas BEFORE ME, the undersigned authority, a Notary Public in and for the State of , on this day personally appeared (name), (title), 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 (entity), a (entity type) and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20 SEE ATTACHED HED Notary Public, State of RETAINING WALL MAINTENANCE_ AGREEMENT 6 Rev. 03115/2022 BN CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles 2 On 47 t,� (S , bef re me, Patricia Gutierrez, Notary Public Date ^ , ,, - I Hurt Name and Title of the Officer personally appeared `�')Vl(.l.l.L1 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person <whose names/are subscribed to the within instrument and acknowledged to me that he/she/#11ey'executed the same in his/4er/thair- authorized capacity([W, and that by his/ke0theirsignature.(.a)'on the instrument the person}(for the entity upon behalf of which the person.Wacted, executed the instrument. *my PATRICIA GUTIERREZ Notary Public - California Los Angeles County F Commission k 2421038 Comm. Expires Oct 14, 2026 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: o Corporate Officer —Title(s): o Partner — ❑ Limited ❑ General o Individual o Attorney in Fact o Trustee ri Guardian or Conservator o Other: Signer is Representing: ©2018 National Notary Association N umber of Pages: Signer's Name: o Corporate Officer —Title(s): o Partner — ❑ Limited ❑ General o Individual o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer is Representing: a. L t ur;i.:'_ �_vL,n.,.,.: ,.h<:,�.4:f�•wt •_ :.'ram t4•_i._, 'a•,•LS.a;t.::vL'a'ra,.'., �_ai EXHIBIT "A" INSERT LEGAL DESCRIPTION RETAINING WALL MAINTENANCE AGREEMENT Rev. 03/15/2022 BN LEGAL DESCRIPTION BEING a 4,309 square foot (0.0989 acre) tract of land situated in the J. Jennings Survey, Abstract No. 874, City of Fort Worth, Tarrant County, Texas; said tract being part of Lot 2R, Block 7, Carter Industrial Park, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D213046190 of the Official Public Records of Tarrant County, Texas; said tract being more particularly described as follows: COMMENCING at a 60-D nail found for the northwest corner of said Lot 2R; from said point a 5/8-inch iron rod with "JACOBS" cap found for the northeast corner of said Lot 2R bears North 89°28'58" East, a distance of 1313.25 feet; THENCE South 0e31'02" East, along the west line of said Lot 2R, a distance of 65.00 feet to a point; THENCE North 89028'58" East, departing the said west line of Lot 2R, a distance of 713.72 to the POINT OF BEGINNING; THENCE North 89°28'58" East, a distance of 300.28 feet to a point for corner; THENCE South 0e31'02" East, a distance of 15.00 feet to a point for corner; THENCE South 89e28'58" West, a distance of 274.30 feet to a point for corner; THENCE North 60°31'02" West, a distance of 30.00 feet to the POINT OF BEGINNING and containing 4,309 square feet or 0.0989 acres of land, more or less. NOTES Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A survey plat of even survey date herewith accompanies this metes & bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the subject tract. OF r MICHA L C. BILLINGSLEY CO' ��� REGISTERED PROFESSIONAL....i........................... LAND SURVEYOR NO 6558 MICHAEL CLEO BILLINGSLE EXHIBIT "A" WALL MAINTENANCE AGREEMENT J. JENNINGS SURVEY ABSTRACT NO. 874 CITY OF FORT WORTH TARRANT COUNTY, TEXAS 801 CHERRY STREET, ... `.•"•"'••'•'•"'."•• UNIT 11 SUITE 1300 .0�0 6558 C�P\,2 KimIpm*Horn FORT WORTH, TEXAS 76102 9 ' . F E S S\�,. O 601 Cherry Street, Unit 11, tl 1300 / TeL No. (817) 335-6511 PH. 817-335-6511 ti� S 'U R � �y Fort Worth, Texas 76102 FIRM H 10194040 wmi.ktmleyhom.com Scale Dravm b Checked by Date Proiecl No. Sheet No. michael.billin sle kimle-horn.com —� g y@ y N/A ( CRG MCB 5/24/2022 061290104 i OF 2 STEVENS, MATTHEW 5124/2022 11:37 AM \\KIMLEY-HORN\TX_FTW\FTW_SURVEY\061316800-PROJECT VENTI\DWG\061290104-LO 2R BLOCK 7_CIM WALL M INTENANCE E S T.DWG - . -- - NORTH TEXAS ELECTRIC SERVICE 0 25 50 COMPANY �� (VOL. 2911, PG. 367) GRAPHIC SCALE IN FEET P.O.C. �— 60-D NAIL FOUND Pi P.O.B. M O Z Y ry t` J vry°- jn0 OQ D N 0 00 �zCO —m OWO F_? Q U 0.0989 ACRES _ 4,309 SQ. FT. N89°28'58"E 1313.25' 5/8" IRF _ "JACOBS" J / J 58'W 274.30 ' .. PART OF LOT 2R, BLOCK 7 CARTER INDUSTRIAL PARK (INST.NO. D213046190) 7550 OAK GROVE RD (FORT WORTH) OWNER LLC (INST. NO. D220061667) 111I0; : um NO. BEARING LENGTH L1 S00°31'02"E 15.00, L2 N60°31'02"W 30.00' L3 N89°28'58"E 713.72' EXHIBIT "A" WALL MAINTENANCE AGREEMENT J. JENNINGS SURVEY ABSTRACT NO. 874 CITY OF FORT WORTH TARRANT COUNTY, TEXAS LEGEND Kimlev*Horn P.O.C. = POINT OF COMMENCING e01 Cherry street, Unit 11. # 1300 / Tel. No. (617) 335-6511 P.O.B. = POINT OF BEGINNING Fort Worth, Texas 76102 FIRM# 10194040 wmv.kimiey-hom.com IRFC = IRON ROD W/CAP FOUND scale Dravm by I Checked by I Date Prolecl No. [ShoetNo. 1'=50' CRG MCB 6124/2022 0612901042OF2 STEVENS, MATfHEW 5/24/2022 11:36 AM 1iKIMLEY-HORN%TX_FTVAFTW_SURVEY1061316800-PROJECT VENTIIDWGI 61290104-LOT A BLOCK 7_'IMWALL MA NTENANCE EST.DWG EXHIBIT "B" DESIGN PLAN AND SPECIFICATIONS Ell 2 R.� CIM JUNCTION FORT WORTH, TEXAS JANUARY 2022 LOCATION MAP MAPSCO# 105G COUNCIL DISTRICT #8 OWNER/DEVELOPER: DEREK FRAYCHINEAUD KimlepMorn 4700 WILSHIRE BOULEVARD 807 Cherry Street, Unit 11 LOS ANGELES, CA 90010 Suite 1300 -335-6511 CONTACT: DEREK FRAYCHINEAUD Fort Worth, as 76102 ion No. State of Texas Registration No. F-928 EMAIL: DFRAYCINEAUD@CIMGROUP.COM I - ----- - - ------ nog m ;0 So p e0 SER— COME- - - - - - - - - - - - - - - 7�- t - - -- - - - - - - - - -- - I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - - - - - - - - - - - - - - 7 0, 1 pf I III It RETAINING WALL D-D RETAINING WALL 700 700 7 700 00 695 695 695 690 690 690 i 690 w �A.011 xe --i=T4 Er7 �-J 685 685 685 685 6130 680 680 680 Knowwlarsbelow. 675 675 675 675 C.11 before you dig. 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