HomeMy WebLinkAboutContract 46511 CITY SECRETARY
CONTRACT NO. l
RETAINING WALL
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 20 day of January, 2015 ,
by and between Heritage T. No. 9, LTD. , 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 2.245 acre tract according to the deeds recorded County Clerk's Filing
Number D214080316 , Official Public 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 Heritage Trace Office Park (Phase
VI), shown in Exhibit "B", 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;
rn and;
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m
o 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"
N
("Facility Property"); and;
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
RETAINING WALL MAINTENANCE AGREEMENT
Rev.4/2007
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 2
Rev.4/2007
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
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
RETAINING WALL MAINTENANCE AGREEMENT 3
Rev.4/2007
WITH CITY 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 20 day of January 20 15
Landowner Heritage T. No. 9, LTD. City
A Texas limited partnership City of Fort Worth
By: Number 9 Investments, LLC
a Texas limited partnership Fernando Costa
its general partner '— Assistant City Manager
B
es caste Approved as to Form and Legality
Manager
/-12
Assistant Cit ttorney�i�,„�
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NO M&C REQUIRED
A&M
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
RETAINING WALL MAINTENANCE AGREEMENT 4
Rev.4/2007
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on L 20/6 by
dill 1°i"rye LJe�<o�anAssistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
o; e•, TRIKINYA L. JOHNSON Notary P lic, t of Texas
- APSA
Notary Public,State of Texas
�
My Commission Expires
April 17, 2018
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this 20 day of January 20 15
personally appeared James Lancaster , 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
Heritage T. No. 9. LTD., and that he executed the same as its General Partner and
as the act of such Heritage T. No. 9. LTD. and for the purposes and consideration
expressed in the foregoing instrument.
KIMBERLY A. PERALEZ
Notary Public,State of Texas
My Commission Expires Notary Public, State of Texas
January 03, 2017
RETAINING WALL MAINTENANCE AGREEMENT 5
Rev.4/2007
EXHIBIT "A"
FINAL PLAT
RETAINING WALL MAINTENANCE AGREEMENT 6
Rev.4/2007
Exhibit A
Stormwater Facilities Maintenance Agreement
William Bostick Survey, Abstract No. 210
City of Fort Worth, Tarrant County,Texas
BEING a 436 square foot portion of that certain tract of land situated in the William Bostick Survey,Abstract No. 210,
City of Fort Worth, Tarrant County, Texas, conveyed to Heritage T. No. 9, LTD.,according to the deed recorded in
County Clerk's Instrument No. D213312986, Official Public Records, Tarrant County, Texas (OPRTCT), and being
more particularly described by metes and bounds as follows:
COMMENCING at a found 1/2 inch capped iron rod marked "PRISM SURVEYS"in the north right-of-way line of
Heritage Trace Parkway, a variable width right-of-way, at the southeast corner of Lot 2, Block 165, Heritage Addition,
an addition to the City of Fort Worth, Texas, according to the plat thereof recorded in County Clerk's Instrument No.
D214080316, OPRTCT, being common with the southwest corner of Lot 1, Block 165, Heritage Addition, an addition
to the City of Fort Worth, Texas, according to the plat thereof recorded in Instrument No. D213226877, OPRTCT;
THENCE over and across said Lot 2 the following calls:
North 17020'06" East, a distance of 280.14 feet to a point for corner, being the
POINT OF BEGINNING;
North 68046'34"West, a distance of 91.45 feet to a point for corner;
With a curve to the left having a central angle of 45000'00", a radius of 49.50 feet, an arc length of 38.88 feet and
a chord which bears South 88°43'26"West, a distance of 37.89 feet to a point for corner;
South 66°13'26"West, a distance of 54.18 feet to a point for comer;
North 23046'34"West, a distance of 17.50 feet to a point for comer;
South 66°13'26"West, a distance of 50.54 feet to a point for corner;
With a curve to the left having a central angle of 45000'01", a radius of 67.00 feet, an arc length of 52.62 feet and
a chord which bears South 43043'26"West, a distance of 51.28 feet to a point for corner;
South 21°13'26"West, a distance of 81.84 feet to a point for corner;
With a curve to the left having a central angle of 07013'29", a radius of 68.00 feet, an arc length of 8.57 feet and
a chord which bears South 17°36'41"West, a distance of 8.57 feet to a point for corner;
South 13059'56"West, a distance of 39.83 feet to a point for corner;
North 76000'04"West, a distance of 1.00 foot to a point for comer, from which the
westernmost corner of the aforementioned Lot 2 bears South 84°44'08"West, a
distance of 146.93;
North 13059'56" East, a distance of 39.83 feet to a point for comer;
NOTE:
Basis of bearing being the Texas
Coordinate System, NAD83 North
Central Zone-4202, as established
using GPS technology in conjunction
o Baird, Hampton & Brown, Inc. with the RTK Cooperative Network
0 ED o Engineering 8c Surveying
4550 SH 360 Ste. 190 GropwAm TX 76051 Tel:(817)251-8550 Fax:(817)251-8810 ww.bhNnc.com Page 1 Of 3
FIRM REGISTRATION N0: F-000044 TBPLS FTW FIRM 10011300 TBPLS GV FIRM 10011302 9
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Exhibit A
Stormwater Facilities Maintenance Agreement
William Bostick Survey, Abstract No. 210
City of Fort Worth, Tarrant County, Texas
With a curve to the right having a central angle of 07013'29", a radius of 69.00 feet, an arc length of 8.70 feet and
a chord which bears North 17036'41" East, a distance of 8.69 feet to a point for corner;
North 21013'26" East, a distance of 81.84 feet to a point for corner;
With a curve to the right having a central angle of 45000'01",a radius of 68.00 feet, an arc length of 53.41 feet
and a chord which bears North 43'43'26" East, a distance of 52.05 feet to a point for corner;
North 66°13'26" East, a distance of 51.54 feet to a point for corner;
South 23046'34" East, a distance of 17.50 feet to a point for corner;
North 66°13'26" East, a distance of 53.18 feet to a point for corner;
With a curve to the right having a central angle of 45°00'00", a radius of 50.50 feet, an arc length of 39.66 feet
and a chord which bears North 88°43'26" East, a distance of 38.65 feet to a point for corner;
South 68046'34" East, a distance of 91.45 feet to a point for corner;
South 21°13'26"West, a distance of 1.00 foot to the POINT OF BEGINNING, containing 436 square feet or 0.010
acres of land more or less.
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/ JOSHUA D: ARGO
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egistered Professional Land Surveyor No. 6391 Np SURV�
NOTE:
Basis of bearing being the Texas
Coordinate System, NAD83 North
Central Zone -4202, as established
using GPS technology in conjunction
with the RTK Cooperative Network
o Baird, Hampton do Brown, Inc.
a EDL=)Engineering & Surveying
1550 SH 360 Sig. 180 CmprAnf.TX 76051 Tel:(817)251-8550 Faz:(817)251-8810 ww.bWne.00M Page 2 Of$
FIRM REGISTRATION NO: F-0000 T
44 TBPLS FTW FIRM 10011300 BF L FIRM 10011302 9
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N Exhibit A
Stormwater Facilities Maintenance Agreement
William Bostick Survey, Abstract No. 210
W �e� E City of Fort Worth, Tarrant County, Texas —— –' T�npo,,,,Dm.;.E„�n
CC.D207O?%41
OPRTCr
-- 6'�----C6. -- --- -
S ��60 N66c3Z C1 59.4'7a°e
SCALE: 1"= 60' �,6 _' SQA 6\N N 8\¢Sr s
Line Table 0 B�
Line# Length Direction / Stormwater Facilities
Ll 17.50' N23°46'34"W Maintenance Agreement Area \
436 Square Feet
L2 50.54' 566'13'26"W ,e, /3/ or 0.010 Acres
Public Access Earcmrnt l
CC
L3 39.83' S33"59'56"W �„;�� � / / OPRTCr 411 /
Lot 2,Brock 165 /
L4 1.00' N76'00'04"W Fluodpidn E-1 y/ ; Heritage Addition rr
CC 4D214090716 / CC#13214080316
L5 39.83' N13'59'56"E OPRTCT / OPRTCT
L6 51.54' N66'13'26"E Vd ���
L7 17.50' 523'46'34"E
11 Heritage T.No.9,LTD w/
L8 1.00' 521°13126"W � 1 CC OPRTCT 986
584°44'08�W 146.93' C4 I J4,
/ \c
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\\'CC#13213226877
OPRTCT I
!PCned
\ Iron Rod marked
'PRISt.1 SURVCYS'
Curve Table
Curve# Delta Radius Arc Length Chord Bearing Chord Length G0
TER��'9
F'• s
Cl 45°00'00" 49.50' 38.88' 588°43`26"W 37.89' �� %
C2 45'00'01" 67.00' 52.62' S43'43'26"W 51.28' .JOSHUA D.•WARG0
C3 7°13'29" 68.00' 8.57' S17°36'41"W 8.57' 6391
C4 7°13'29" 69.00' 8.70' N17°36'41"E 8.69'
0
C5 45'00'01" 68.00' 53.41' N43'43'26"E 52.05' qN�SURV�
C6 45°00'00" 50.50' 39.66' N88°43'26"E 38.65'
NOTE:
Basis of bearing being the Texas Coordinate System,NAD83
North Central Zone-4202,as established using GPS /
technology in conjunction with the RTK Cooperative Network. z—
Joshua
0 Q Baird Hampton & Brown Inc. egistD. Wargo Date
0 t� Engineering dc Surveying Registered Professional Land Surveyor No.639]
4550 SH 360 Ste. 180 Grapevine.T%75051 Tel:(817)251—B550 Fax:(817)251-8810 rrr.bhbinc.com
FIRM REGISTRATION NO: F-000044 TBPLS FTW FIRM 10011300 TBPLS GV FIRM 10011302 Page 3 of 3
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EXHIBIT `B"
RETAINING WALL PLAN & DETAIL
RETAINING WALL MAINTENANCE AGREEMENT 7
Rev.4/2007
EXHIBIT 61: RETAINING WALL PLAN
J
PROPOSED 100-YR /
RET NING WALL _ FLOODPLAIN /
PROP ED $ FLOODPLAIN
RETAI G LL ® —— \ EASEMENT
�FLOODPLAI ®®® E Al .OGPROL �/ F
EAS5 ® —
100.
LOODPLA
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END OF PROP
RETAINING WALL
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