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HomeMy WebLinkAbout065011 - Construction-Related - Contract - Tarrant County Hospital District (TCHD)Date Received: 4/10/2026 Record No.: MAINT25-008 Time Received: 4:00 p.m. City Secretary No.: 65011 RETAINING WALL MAINTENANCE AGREEMENT THIS MAINTENANCE AGREEMENT FOR RETAINING WALL, ("Agreement"), is by and between the City of Fort Worth, a home -rule municipal corporation of the State of Texas ("City") and Tarrant County Hospital District, a Texas public facility corporation ("Developer"), City and Developer are referred to herein individually as a "party" and collectively as the "parties." WITNESSETH WHEREAS, the Developer is the owner of certain real property described as Lot One-R- 2, Block Q-R, of Rosedale Addition, located at 175 W Magnolia Ave, Fort Worth, Tarrant County, Texas, recorded in Vol. 388-195, pg. 74, of plat records, Tarrant County, Texas and being more particularly described by metes and bounds in Exhibit "A", hereinafter called the "Property". WHEREAS, the Developer provides for the construction and maintenance of a Retaining Wall Facility on a portion of the Property, as approved or to be approved by the City and the Landowner; 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; 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 Maintenance Agreement for Non -Standard Public Improvements Page 1 of 10 Rev. 10108/25 RM OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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. If the Facility needs maintenance or replacement to perform its design function, this 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 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. Maintenance Agreement for Non -Standard Public Improvements Page 2 of 10 Rev. 10/08/25 RM 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. 6. This Agreement imposes no liability of any kind whatsoever on the City. TO EXTENT PERMITTED BY THE TEXAS LAW, AND RULES, AND WITHOUT WAIVING AMY IMMUNITIES OR DEFENSES AVAIABLE TO DEVELOPER AS A GOVERNMENTAL ENTIY, 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 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 Maintenance Agreement for Non -Standard Public Improvements Page 3 of 10 Rev. 10/08/25 RM 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. Landowner: Tarrant County Hospital District 1500 S. Main St. Fort Worth, TX 76104 City: City of Fort Worth 100 Fort Worth Trl. Fort Worth, TX 76102 Maintenance Agreement for Non -Standard Public Improvements Page 4 of 10 Rev. 10/08/25 RM DEVELOPER: Tarrant County Hospital District a Texas public facility corporation By: I - —474 /1 A A Nam . Ji arrell Title+s S� EVP, Chief Operations Officer V / Date: 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 personally appeared Jill Farrell, 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 Tarrant County Hospital District, a Texas public facility corporation, as the act and deed of said company. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Lj day of 20 Notary Pubic ' and for the State of Texas :ot=:tea•• Suzanne Barnes tip° Notary Public STATE OF TEXAS 'y, My Comm. Exp?OS/ 6/2026 RETAINING WALL MAINTENANCE AGREEMENT IN WITNESS WHEREOF, the Parties have each executed this Agreement by each party's duly authorized representative. CITY OF FORT WORTH: By: C_ P� Jesica McEachern Assistant City Manager Date: 04/1 0/2026 Approved as to Form and Legality "y By: uJ Jessika Williams Assistant City Attorney No M&C Required ATTEST on a 01 pORT dd AMo G9pd Pvo a=d Jannette Goodall City Secretary Contract Compliance Manager By signing, I acknowledge that I am the person responsible or the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Kandice Merrick Planning Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Maintenance Agreement for Non -Standard Public Improvements Page 5 of 10 Rev. 10/08/25 RM 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 personally appeared Jessica McEachern, 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 the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 10th April . 2026. E091 My(ZAvdrsy Lea Wallace Commiselain Explice 911=02 8 tety Id135092586 day of Notary Public in and for the State of Texas RETAINING WALL MAINTENANCE AGREEMENT 7 EXHIBIT A PROPERTY DESCRIPTION Lot 1R1R-1, Block Q. Rosedale Addition, aB addition to the City of Fort Worth, Tarrant Counh-, Texas RETAINING WALL MAINTENANCE AGREEMENT I nay« s •.a.,.c,. mo w �� a9:9 §q�l e;go v��v — i •x $« I I I s I �mggqR pp. � d �8g � M � i n t' ro ivrsxsrcnav ,33 �6qa§I a�ga51 Yx9Tlts§� I 4a I I § I I s GALVSBMN AVBNVX � old —1 I 'n" �6rI:g it— LL_1 I SG LOUIS AVBNEW OAK GROVE STREET I I � g��xr�i €. #�#� �� ��� n'ga § c �rr � kza �#a� � � 3��• i� ge � � flgg D [1 L ¢[ gii{Rifl1 1' 3fl�r Ffltg�ii�fl!�sria 6#i.flg9. ��fl eR .} Ffl a A s #fly �tsg���g �•� ai a t �#fl# fit• i ss����ga�e ��8 A au fill i ¢�€y�� gyR 9 g 4 H � g a F g € far P 6 g•: € ,�� #gg� gEg E g pEa� gg ° g.3g -i� Q x€ �g�£ 9 fl P gga� €g P Sgg � Hfl g a Egfl' g �SFE g $ jul j? p g 8ag € r Ap s� di 3F5a- ills, a€ .[�g� � rf till o Q ; 'seeps a g#1 a� hP a � it ga gt'a � a s A � aE #till t �gg6 a �gg sA €s i#;#:gay=�#€�€ey tP F - x5: ®9Eg6 v LQ CD U1 0 cn EXHIBIT B DETAILS OF IMPROVEMENTS RETAINING WALL MAINTENANCE AGREEMENT N 0 2000 Tarrant County Hospital District (dba JPS Health Network) 1500 S. Main Street Fort Worth, Texas 76106 Contact: Lou Mattingly Ph: 817-702-4941 mapsco No. 1 AK-V/01V1 District #9 EXHIBIT A Parkway & Pedestrian Light Improvements for JPS Parking Garage City Proj. No. CPN 106001 LOCATION teague nail & perkins 5237 N. Riverside Drive, Suite 100 Fort Worth, Texas 76137 817.336.5773 ph 817.336.2813 fx TBPE Registration No. F-230 www.tnpinc.com Contact: Scott Gibson, P.E. Page 1 of 3 w w . 'a z N O F w} W MAGNOLIA AVE. PROPOSED RETAINING WALL a 01 LEGEND: /.\ PROPOSED RAMP ® PROPOSED MIN 5' SIDWALK EXHIBIT B 1 EXISTING SIDEWALK N RETAINING WALL PROPOSED CURB EXISTING CURB 0 I 150 I PROPOSED DRIVEWAY IMPROVEMENTS .......................................................................................................................................................................................................................................................... . Tarrant County Parkway & Pedestrian teague nail & perkins Hospital District (dba Light Improvements for 5237 N. Riverside Drive, Suite 100 JPS Health Network) g p Fort Worth, Texas 76137 JPS Parking Garage 8 17.336.5773 ph 8 17.336.2813 fx 1500 S. Main Street TBPE Registration No. F-230 Fort Worth, Texas 76106 City Proj. No. CPN 106001 www.inpinc.com Contact: Lou Mattingly Contact: Scott Gibson, P.E. Ph: 817-702-4941 Page 2 of 3 mna eels - e�'hiLilz.Mu�nl�rcianc: A�.*xanvri: .YJ�I A ro - . om v rotlmm 'at fighN E.hbil (3) %refs; M-BASE.dn - %REF-BLBG4 q - %BB -Pa -off it,dn ' � I Lj Uj a a Cl) z 0 OF J I W I C/) I J �a 0 0� AGNOLIAL E. 0 114.11' 276.48' BEGIN PROPOSED RETAINING WALL (2' WIDE) N 0 50 Tarrant County Hospital District (dba JPS Health Network) 1500 S. Main Street Fort Worth, Texas 76106 Contact: Lou Mattingly Ph: 817-702-4941 N89° 29' 14"E PROPOSED J END PROPOSED FLATWORK RETAINING WALL (2' WIDE) Li EXHIBIT B2 RETAINING WALL IMPROVEMENTS Parkway & Pedestrian Light Improvements for JPS Parking Garage City Proj. No. CPN 106001 LEGEND: /®\ PROPOSED RAMP ® PROPOSED MIN 5' SIDWALK EXISTING SIDEWALK PROPOSED CURB EXISTING CURB JPROPOSED DRIVEWAY teague nail & perkins 5237 N. Riverside Drive, Suite 100 Fort Worth, Texas 76137 817.336.5773 ph 817.336.2813 fx TBPE Registration No. F-230 www.tnpinc.com Contact: Scott Gibson, P.E. Page 3 of 3 EXHIBIT C CERTIFICATE OF INSURANCE RETAINING WALL MAINTENANCE AGREEMENT 10 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Tarrant County Hospital District Subject of the Agreement: Maintenance Agreement Retaining Wall M&C Approved by the Council? * Yes ❑ No If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes © No If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No © If only specific information is Confidential, please list what information is Confidential and the page it is located. Certificate of Insurance Effective Date: Date Assistant City Manager signs Expiration Date: If different from the approval date. None If applicable. Is a 1295 Form required? * Yes ❑ No *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes © No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.