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HomeMy WebLinkAboutContract 60097Date Received: 9/13/2023 Permit No.: SWFMA-22-0013 Time Received: 3:35 p.m. City Secretary No.: 60097 RETAINING WALL MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 18th day of September 20 23 by and between 6900 AWG Way (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, on August 21, 2023, the Landowner acquired from 7550 Oak Grove Rd (Fort Worth) Owner, LLC ("Previous Owner") certain real property described as 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 Way, 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 OFFICIAL RECORD RETAINING WALL MAINTENANCE AGREEMENT CITY SECRETARY Rev. 03/15/2022 BN FT. WORTH, TX 1 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; WHEREAS, Previous Owner and the City entered into that certain Retaining Wall Maintenance Agreement dated as of August 29, 2023 and recorded in the land records of Tarrant County, Texas, on August 29, 2023 as Instrument No. D2231555796 (the "Existing Agreement"); and; WHEREAS, the Existing Agreement was executed by City and recorded after Previous Owner conveyed the Property to Owner, so Owner and the City are entering into this Agreement to supersede and replace the Existing Agreement; 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: 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. RETAINING WALL MAINTENANCE AGREEMENT 2 Rev. 03/15/2022 BN 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 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 RETAINING WALL MAINTENANCE AGREEMENT 3 Rev. 03/15/2022 BN 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 WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE FAILURE OF LANDOWNER OR ANY FUTURE OWNERS OF THE ABOVE FACILITITY PROPERTY TO CONSTRUCT OR MAINTAIN THE RETAINING WALL F A C I L T Y 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. RETAINING WALL MAINTENANCE AGREEMENT 4 Rev. 03/15/2022 BN 8. This Agreement supersedes and replaces in its entirety the Existing Agreement, which Existing Agreement shall be of no further force and effect upon the recording of this Agreement in the land records of Tarrant County. [REMAINDER OF THIS PAGE TO REMAIN BLANK] RETAINING WALL MAINTENANCE AGREEMENT 5 Rev. 03/15/2022 BN Executed this 18th day of September 20 23 CITY: LAND NER: 6900 AW WAY (FOR WORTH) OWNER, L a Delawar mited liabil' y company DAYIA BUi'GiG1loAc Dana Burghdoff (Sep , 202317:28 CDT) Dana Burghdoff, --`�— Sh'-T a, Vice President City Manager City of Fort Worth f Date: Sep 12, 2023 Date:! Approved as to Form and Legality: Thomas Royce Hansen, Assistant City Attorney II City Attorney's Office Date: Sep 12, 2023 ATTEST: 1" 9FORT p'�% oho �d PVo a=o C" a°°nnezp5a4d Jannette Goodall, City Secretary City of Fort Worth Date: Sep 13, 2023 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. Sul �M4 tw ff,/f ) Bichson Nguyen (for) ep 2, 2023 f$:10 CDT) Rebecca Owen, Planning Manager Development Services Date: Sep 12, 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX RETAINING WALL MAINTENANCE AGREEMENT 6 Rev. 03/15/2022 BN CIVIL CODE § 1189 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 On / , 2023 before me, MAGGIE MURADIAN, Notary Public I Date Here Insert Name and Title of the Officer personally appeared SV �tl Name(s) of Signer(s) Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed tothewithin instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/theirsignature(s) onthe instrumentthe person(s),ortheentity upon behalf of which the person(s) acted, executedthe instrument. MAGGIE MURADIAN Notary Public California _ = Los Angeles County X Commission k 2367154 My Comm, Expires Jul 22, 2025 1 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. a Signature Si nature of Notary Public ©2018 National Notary Association STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on Se4ftM Wr 1 I by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, , on behalf of the City of Fort Worth. %� y P ��� BROOKE BONNELL ar Publi , ate of Texas Notary Public, State of Texas Comm. Expires 10-11-2028 Notary ID 134008626 RETAINING WALL MAINTENANCE AGREEMENT 7 Rev. 03/15/2022 BN 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 89e28'58" East, a distance of 1313.25 feet; THENCE South 0°31'02" 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 0031'02" East, a distance of 15,00 feet to a point for corner; THENCE South 89°28'58" West, a distance of 274.30 feet to a point for corner; THENCE North 60031'02" 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. MICHA L C. BILLINGSLEY; ; REGISTERED PROFESSIONAL...,:,..•...............•..•:..,,I LAND SURVEYOR NO 6558 MICHAFL CLEO BILLINGSLEY EXHIBIT "All WALL MAINTENANCE AGREEMENT J. JENNINGS SURVEY ABSTRACT NO, 874 CITY OF FORT WORTH TARRANT COUNTY, TEXAS 801 CHERRY STREET, 6558 �'' Kirnlev))) Horn UNIT 11 SUITE 1300poF o�P• FORT WORTH, TEXAS 76102 9y E S S\ ,. y o 801 Cherry Street, Unit IT a 130o TO. No. T17) 335-6511 Q " ' ' Fort Worth, Toxas 76102 FIRM 1110194040 wvnr.kimleyhorn.com PH. 817-335-6511 S U R Seale Drawn b Chocked by Data Pro ect No. Seal o. 9 Y@ y I I MCB I 612412022 081290104 1 OF 2 STEVENS,) M I THEIW 6/241 02211`37rAMe\\KIMLEEY HORNIITX_FTWIFTW_SURVEY\061316800-PROJEC NIA CRG r T JENTIIDWG\0817.90104•LOT 2R BLOCK 7 CIM WALL MA NTENANCE ESMT.DWG NORTfi TEXAS ELECTRIC SERVICE 0 25 50 COMPANY (VOL. 2911, PG. 367) GRAPHIC SCALE IN FEET P.O.C. 60-D NAIL FOUND N89"28'58"E 1313.25_ oI ._ 0 rri ID of 0 P.O.B. Z Q�. ;... D- (0 �2 / S89 28'58' W 27 4. 0 m 1 o 0,0989 ACRES _ Ill = N 4,309 SQ. FT. o 2 PART OF �-- W ce) LOT 2R, BLOCK 7 w 0 CARTER INDUSTRIAL PARK (INST.NO. D213046190) U 7550 OAK GROVE RD (FORT WORTH) OWNER LLC (INST. NO. D220061667) 36' 5/8" IRF _ "JACOBS" LINE TABLE 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 "All WALL MAINTENANCE AGREEMENT J. JENNINGS SURVEY ABSTRACT NO.874 CITY OF FORT WORTH TARRANT COUNTY, TEXAS LEGEND Kiml))) Horn P.O.C. = POINT OF COMMENCING so Chong Street, Unit 11. It 1300 P.N./ Tel. No. (0171336.6511 P.O.B. = POINT OF BEGINNING Fort W(,, Texas 76102 FIRM 1110194040 yA-Ay.klmleyhom.com IRFC = IRON ROD W/CAP FOUND Scale 6 Dtaym by I Chockod by I palo I ProlocI No. �Sh of o. 1" = 60' CRG MCB L 6124/2022 I 061290104 2 OF 2 STEVENS, MATfHEW 6124/2022 11:36 AM 11KIMLEY•HORN\TX_FTVAFTW_SURVEY1061316600•PROJECT VENTIIDWGIO '1290104•LOT R BLOCK 7_'IM WALL MA NTENANCE ES T.DWG EXHIBIT "B" DESIGN PLAN AND SPECIFICATIONS Institutlon LOCATION MAP MAPSCO# 105G COUNCIL DISTRICT #8 C I M JUNCTION OWNER/DEVELOPER: DEREK FRAYCHINEAUD im leyl) Horn FORT WORTH, TEXAS 4700 WILSHIRE BOULEVARD 801 Cherry Set, Unit11 JANUARY 2022 LOS ANGELES, CA 90010 site i3oo CONTACT: DEREK FRAYCHINEAUD Fort We",, Ts Reiaz 817-33 -928 State ofTezas Registration No. F-926 EMAIL: DFRAYCINEAUD@CIMGROUP-COM o III to II Is I� II �I I Q. Ns of to M 11. 1 Olt to IN to I I m z � 0�c 0 z ;`Iii I Kimley>>>Horn:: PLAN AND PROFILE GUY OF FORT WORTH TARRANT COUNTY, TEXAS CIM -JUNCTION 2035 RETAINING WALL