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Home My WebLink AboutContract 38387-A1 E BAR AMENDMENT TO CITY SECRETARY CONTRACT NO.38387 MAINTENANCE AND LANDSCAPING SERVICES AGREEMENT This AMENDMENT TO CITY SECRETARY CONTRACT NO. 38387, AGREEMENT FOR MAINTENANCE AND LANDSCAPING SERVICES is entered into by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas located within Tarrant, Denton, and Wise Counties, Texas (hereinafter referred t6_' the "City"), and CARLYLEICYPRESS VEST 7rn, LP, a Texas limited partnership,(here fter referred to as "Developer"). RECITALS WHEREAS, the City of Fort Worth ("City") and Carlyle/Cypress West' 7t ,*:LP �' ("Developer") made and entered into City Secretary Contract No. 38387 ("CSC No. 38*") authorized by City Council by M&C C-23386 on March 10, 2009 to allow for the construction of non-standard parkway improvements in the project and for the private maintenance of the hardscape and landscaping in the right-of-way by the Developer; and WHEREAS, a decorative street pavement and special pavement treatment for various streets within the Project Site which is beyond the City's normal policy and procedures related to street pavement is proposed to be installed pursuant to parkway permits to be issued by the Transportation and Public Works Department; and WHEREAS, the responsibility for the maintenance of the decorative street pavement and special pavement treatment is not clearly addressed in CSC No. 38387; and WHEREAS, it advisable to execute this Amendment to CSC No. 38387 to revise section 2.02, to add subsection k to provide that certain areas within the public street and right of way are to be installed and maintained by the Developer. NOW THEREFORE, City and Developer, acting herein by and through their duly authorized representatives, enters into the following that amends CSC No. 38387: .,, , r_r L_ I. _ Section 2.02 is amended to add subsection k related to the maintenance of decorative street pavement and special pavement treatments within the Project Site,to read as follows: Developer represents that it has or will secure, at its own expense, all materials, supplies, machinery, 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 Developer and Conatser Construction, Developer's General Contractors, which contract is the subject of Community Facilities Agreement Contract Nos. 36292 between Developer and the City of Fort Worth Transportation and Public Works Department (such Construction Contract and Community Facility Agreement Contracts are referred to herein as "Contracts") and Parkway Permit Nos. 127244, 127246, 127247 and 129491 issued by the Transportation and Public Works Department: a. Maintain landscaping and private irrigation systems, components, and sumps. Remove and replace dead vegetation. Make sure any cracks in sidewalks are weed free. Trees and shrubs need to be trimmed and pruned according to their species. Make sure trash is picked up on a regular basis. b. Maintain special sidewalk, ADA ramps, brick pavers, and pavement treatments. c. Maintain seating walls, newsracks, trash receptacles, benches (all types), waterproof outlets, handrails, Bollard's, signage, conduits, lighting, and all private utilities. d. Maintain designated on-street parking. e. Maintain all PVC stub outs and drain lines connected to City storm drain inlets. f. Maintain lights attached to buildings including string lights and wall sconces. g. Maintain landscape uplights, step lights, led ingrade lights, and Ballard lights. h. Maintain all the tree well types i. Maintain Banners attached to Street lights according to City policy. j. Maintain all sleeves. k. Maintain decorative concrete street pavement and special pavement treatments, which includes all required materials for pavement construction for various public streets within the Project Site as further described in Exhibit "B", attached hereto and incorporated into this Agreement. 2. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. <4, EXECUTED on this the 11 day of 2009. -2- ATTEST: CITY OF FORT WORTH: Marty Henda- Fernando Costa City Secretary istant City Manager NO M&C REQUIRED APPROVAL RECOMMENDED: Approved as to Form and Legality: William Verkest—RE,,-`- Melinda'Ramos Transportation and Public Works Assistant City Attorney Department Director CARLYLE/CYPRESS WEST 7TH, LP a Delaware limited partnership By: Carlyle/Cypress West 7h GP, LLC, a Delaware limited liability company, its general partner By: Carlyle/Cypress Retail 1, L.P., a Delaware limited partnership, its Sole Member By: Cypress Equities, LLC, a Delaware limited liability company, i its Gene Partner its Gene Partner By: Name: I Title: Ry -3- ACK-N0W1,FDC--vX4F T STATE OF TEXAS § COUNTY OF TARrck-1j\4T BEFORE ME, the undersigned authority a Notary Public'\in and for the State of Texas. on this day personally appeared t ra O,Nm to me to be the same person whose name is subscribed to the foregoing instrument, and acknowTled ed to me that the same was the act of -/6ci,C, US- 64,0A land that he/she executed the i same as the act of said "-i consideration therein expressed and n the capacity therein stated, or the purposes an J, 1 /4 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 0 day of a( 20 I Ic�u-1— 11-1 P my r—omffosston Expum A 31,2010 Public �a , Notary Public in and fo the State of Texas VK LLC,+L ACKNOWLEDGEMENT P, STATE OF TEXAS § COUNTY OF TA NT § BEFORE ME, the undersigned authority, on this day personally appeared Fernando Costa, Assistant City Manager of the City of Fort Worth, known' to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, for the purpose and consideration therein expressed and in the capacity therein stated, GIVEN UNDER MY HAND AND SEAL OF OFFICE this 44day of Notary Public in and for the State of Texas -4- LOOH,4 SV'Y Al H180V IHOJ -0013AM 3Sil C13XIVj XI7SH9AJWI CJNV HIL IN3V HiL iS�W,, Yw 4.s x m C.) ca ill U-1 C/) F- U) C51 4� -T- C> CJ J.. 0 co lj� U) LLJ r ctf 14 'A 80-VI-SO 008 d SV)(31 HIHOAt,180:4 AdIS83AINn CJNV HiL INAV4dOlAA90:]Sn I- Nit iS3AA uj LU C-) V -jr T it if *17 if b _T 0. r P_ 7 -------—4- it 710.< �Wdl r4M it ftI if t- g go-I'll-to loobd SVX3� HiHOAA iHoj Ad (JNv iii-, 1 N Nd 0 I'l P,3,j 9 Hl/_iS3AA N 6 1 S clj rl t LL_ cl) __j .z cr— w LL- t < L�j < 'n ou 'VI A- ----------- ti toil ,ex rn w < X'\ < 80-1il-CO',008d 1803 AiISH3AINrl GNV HiL 71 ,ri lN3V4dO-,:iA3,1 9Srl aAXjjN rL HIL IS AM 3 -4—",--44- If i i z 0 Ml -,J Z if Im z�, s. af j W)GI HIHOM iHOA iISHAAINn CJ NV NFL iN34'Vd401AAArl AS,",(1:3Xl6N ow HIL IS MA ck Willi, N 21 Q s 1 0" CN Ir "AX jj, ■ T V� x- 80-P I-CO'I 008d SV)(31 HIHOAA 1808 XI[S83AINn a4tf HiL I WiNdOTAA-3a ASn(]3XIV4 HIL IS3AA X, p; W, -- -----------