HomeMy WebLinkAboutContract 42117 k
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CITY SECRETARY
RETAINING WALL CONTRACT NO. k
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of �, - by
and between CERINE Management, LLC., acting by and through GRAY G. HENRY,
PRESIDENT, 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 as an
approximately 104,762 square foot tract located in John F. Heath Survey, Fort Worth,
Tarrant County, Texas according to the Plat recorded in County Clerk's Instrument No.
D211131541, Plat Records, Tarrant County, Texas and being more particularly described
by metes and bounds in Exhibit"A", 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 Lot 2R-4, Block C of the River Hills
Phase I Addition, 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; 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 location and dimensions he attached Exhibit "A"
("Facility Property"); and; OFFICIAL RECORD
i CITY SECRETARY
FT WORTH, TX
RETAINING WALL MAINTENANCE AGREEMENT
Rev 4/2007
K
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 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
RETAINING WALL MAINTENANCE AGREEMENT
Rev.412007 2
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 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. 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
FACILITY 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
RETAINING WALL MAINTENANCE AGREEMENT 3
Rev.4/2007
OF FORT WORTH 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.
Executed this IV day of MA' 2011.
Landowner City
City of Fort Worth
Name-,,7 �^ Fernando Costa
Title
Assistant City Manager
C,��N'� `� Approved as to Form and Legality
As istant ity ey
ATTEST
City Secret
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
RETAINING WALL MAINTENANCE AGREEMENT
Rev.4/2007 4
f
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on e a p by
Fernando Costa, Assistant City Manager of the City of Fort orth, on behalf of the City
of Fort Worth.
EVONIA DANIELS �C/!
* My COMMlsslo�l EXPIRES 4o4taryPublic, State of Texas
%�r••• y
July 10,2013
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this day personally appeared
CC
61 C-1
known
to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that the same is the act of
and that he executed the same as its
1
and as the act of such and for the purposes and
consideration expressed in the foregoing instrument.
=Munns
�Notary Public tate of
Texas
N
L RECORD
CRETARY
RTHi TX
RETAINING WALL MAINTENANCE AGREEMENT
Rev.4/2007 5
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
RETAINING WALL MAINTENANCE AGREEMENT
Rev.4/2007 6
E
BEING a tract of land situated in the John F. Heath Survey,Abstract No. 641, City of Fort Worth, Tarrant
County,Texas and being a portion of Lot 2, Block C, River Hills Phase I, an addition to the City of Fort
Worth,Tarrant County, Texas as recorded in Volume 388-195, Page 8, Plat Records,Tarrant County,
Texas(P.R.T.C.T.)and all of two tracts of land described by deeds to DDRE McDonald Family, L.P., a
Texas Limited Partnership,as recorded in Document No. D204380259 and Document No. D204380258
Deed Records,Tarrant County,Texas(D.R.T.C.T.)and being more particularly described by metes and
bounds as follows(bearings referenced to the East line of said Lot 2):
COMMENCING at found 5/8"capped iron rod marked "Dunaway"for the northwest corner of said tract
of land described by deed to DDRE McDonald Family, L.P. as recorded in Document No. D204380258,
D.R.T.C.T. also being in the south right of way line of John Ryan Dive (a 68 foot Right-of-Way);THENCE
with the common line between said DDRE McDonald Family, L.P. tract as recorded in Document No.
D204380258, D.R.T.C.T. and said John Ryan Drive and along the arc of a curve to the left, having a
central angle of 1°12'06", a radius of 738.00 feet,an arc length of 15.48 and a chord which bears South
65°33'25" East, a distance of 15.48 feet to the end of said curve to the left;THENCE South 13°23'53"
West, departing the south line of said John Ryan, a distance of 22.94 feet;THENCE North 76°36'07"
West,a distance of 3.17 feet;THENCE South 24°31'29" West, a distance of 96.59 feet to the POINT OF
BEGINNING of said tract hereon described;
THENCE South 65°28'31" East, a distance of 3.00 feet;
THENCE South 24°31'29"West,a distance of 305.65 feet;
THENCE North 65°28'31"West, a distance of 3.00 feet;
THENCE North 24°31'29" East, a distance of 305.65 feet to the POINT OF BEGINNING and containing
0.021 acre of land more or less.
0`•TX
0F,MEL JOSLI14
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EXHIBIT "B"
Engineered Retaining Wall
RETAINING WALL MAINTENANCE AGREEMENT
Rev.4/2007 7
Falkofske Engineering, Inc.
414 R I ill i lin n T x 7 1 - Cunsulan 5frUCtural Engineers
Metro 817 2b 1-8300 fax 1 2 1-0 00
81 A T
HANDRAIL IF REO'D
BY OTHERS
V-0" REQO
CAP SCOPE S
FOR WALLS 10'-0" OR !I—III-III=
GREATER IN HEIGHT ADD
WELDED WIRE FABRIC, Q W
_—
—I I 4" TOP SOIL AND
TIGHTLY FITTED STONE I COMPACTED ON SITE
NO MORTAR REQUIRED SOIL
I-!
INDICATES ZONE WHERE ¢ III: TOP OF SHEET DRAIN MAY
STONE IS TO BE FULLY I II I BE HELD DOWN 12' MAX,
MORTARED TOGETHER TOP, _ FROM SHOULDER
BOTTOM, FRONT AND BACK. III=
c
POINT ALL FACE I=I I BACK FACE MAY BE
STONE JOINTS — IRREGULAR.
COMPACTED, OR EXISTING
ON SITE SOIL.
FACE STONE PER OWNER
�6
TERRADRAIN 101 (OR AMERDRAIN
I— 500) SHEET DRAIN CONTINUOUS
E ' E _ 1 BEHIND WALL. FOR WALLS
-III= LESS THAN 4'-0" TALL PROVIDE
L
3' DW. WEEP HOLE I I— I OCAL SHEET DRAN AT WEEP
O 8'-O' O C. I (—
FINISHED GRADE I I= I CONNECT WEEP PIPE TO
SLOPE 1V.4H MAX. I - III= SHEET DRAIN.
REFER TO CML
FOR FINAL GRADING. II=II
I I=1 11= —COMPACTED SOIL
_—I I—III=I I—I I 1 BELOW WEEP PIPE
'il I I-1 I I=1I I—III=1 I II I II I II I Q AND SHEET DRAIN
I�III-1 I I-III-1 I I
I-I I F
U III-I I I I I I=I I I I=I I� = III—I TERRADRAIN 101
(OR AMERDRAIN 5DO) 12" TO 24-
�'-- SHEET DRAIN. {
B I
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II = II "o
3' DIA WEEP HOLES
• 8'-0" O.C.
F-T-71 DRAINAGE ZONE
LA_rll_J WALLS 4'-0' OR LESS
�1 TYPICAL MASONRY STONE RETAINING WALL DETAIL
l SK1 1 FOR DISCUSSION ONLY, NOT FOR CONSTRUCTION
ERWS, INC. MASONRY RETAINING WALLS - DESIGN Job.
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Official site of the City of Fo t Worth,Texas
CITY COUNCIL AGENDA FORTWORTH
COUNCIL ACTION: Approved on 8/9/2011
DATE: 8/9/2011 REFERENCE NO.: **L-15224 LOG NAME: 20ROWECERINE
CODE: L TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Retaining Wall Maintenance Agreement with Cerine Management
LLC, for the Property Located at 6220 John Ryan Drive, Fort Worth at No Expense to the
City (COUNCIL DISTRICT 3)
RECOMMENDATION:
It is recommended that the City Council authorize a retaining wall maintenance Agreement with
Cerine Management LLC, for the property located at 6220 John Ryan Drive, Fort Worth at no
expense to the City.
DISCUSSION:
As part of the development of a 2.40 acre tract of land, Cerine Management, LLC, plans to improve a
natural drainage channel. The improvements include the construction of a retaining wall along one
side of the channel. The retaining wall is being built to prevent soil erosion and maintain drainage
capacity within the improved channel. The terms of the Maintenance Agreement ensure proper
construction and maintenance of the retaining wall by the landowner, at no cost to the City.
The property is located in COUNCIL DISTRICT 3, Mapsco 88Y.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on
City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Man_agees Office by, Fernando Costa (6122)
Originating-Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Theresa Khammash (6349)
ATTACHMENTS
5804-20ROWECERINE.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15440&counciI i Q11 AMAI ,
MAYOR AND COUNCIL COMMUNICATION MAP
20ROWECERINE
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DETAIL OF PROJECT LOCATION Block C, Lot 2R-4
River Hills Addition