HomeMy WebLinkAboutContract 55506Date Received: 04/02/2021
Time Received: 2:23 pm
City Secretary
Number: 55506
RETAINING WALL
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this lst day ofApril
20 21 by and between Aledo Independent School District, acting by and through �arl
Husfeld, 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 132.362 acre tract located in the J.D. Kyle Survey, Abstract No. 792 and
the C. Jackson Survey, Abstract No. 754, Fort Worth, Parker County, Texas according to
the Deed filed in Volume 2583, Page 1480, Deed Records, Parker 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 Aledo Middle School #2, 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;
RETAINING WALL MAINTENANCE AGREEMENT
Rev. 11/19/2020 JLE
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
WHEREAS, the City requires that a Retaining Wall Facility ("Facility") as shown
on the Plan be constnicted 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;
NOW, THEREFORE, in consideration of the foregoing premises, the mutual
covenants coiitained herein, and the following terms and conditions, the parties hereto
agree as follows:
1. The Landowner, its successors and assigns, shall adequately constntct 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 defned 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 amivally. 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 fiinction, sl�all 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
RETAINING WALL MAINTENANCE AGREEMENT 2
Rev. 11/19/2020 JLE
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 obli�ation 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.
7. This Agreement imposes no liability of any kind whatsoever on the City. 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.
[REMAINDER OF THIS PAGE TO REMAIN BLANK]
RETAINING WALL MAINTENANCE AGREEMENT 3
Rev. 11/19/2020 JLE
Executed this lst day of April Zp 21
CITY:
T� 3�����LG
Dana Burghdoff (Apr 1, 202 1:45 CDT)
Dana Burghdoff, Asst. City Manager
City of Fort Worth
Date: 4/1/21
Approved as to Form and Legality:
Cl��istA !� Lapez-Revnal�ls
Chrlsta R Lopez-Reyno ds ;Mar3Q 20211S2S CDT)
Christa Reynolds, Sr. Asst. City Attarney
City Attorney's Office
Date:
ATTEST:
f �U �� 0
Mary Kayser, City Secretary
City Secretary's Office
Date: April 2, 2021
RETAINING WALL MAINTENANCE AGREEMENT
Rev. 11/19/2020 JLE
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LANDOWNER:
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Earl Hu feld, Chief Finan ial Of er
Aledo Independent Schoo�l'District
Date: March 24, 2021
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.
L�ie-Lerw;�a� besiaG��
LauricLewlsonbchalfof(Mar3Q1021152 CDT
Janie S. Morales, Planning Manager
Development Services
Date: 3-30-2021
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on April 1 20 21by
Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
2,�pRYP(ie� JENNIFER L. EZERNACK
p Notary Public
* �C1 * STATE OF TEXAS
"'T ��� Q Notary I.D. 130561630
9��F� My Comm. Exp. Mar. 1, 2024
Digitally signed by Jennifer L
Jennifer L Ezernack E=erna�k
Date: 2021.04.01 22:01:35 -OS'00'
Nota►y Public, State of Texas
STATE OF TEXAS
COUNTY OF PARKER
Before me, the unciecsigned authority on this day pecsonally appeared Earl
Husfeld, Chief Financial Officer, Aledo Independ School District, known to me to be the
peison �vhose name is subscribed to the foregoing instrument and acknowledged to me
that the same is the act of Aledo independent School District, and that he executed the
same as its Chief Financial Offcer and as the act of such and for the
purposes and consideration expressed in the foregoing instrument.
�' V "� 1 U� �"'
Notary Pu lic, State of Texas
,,��"°"'��,,, CYNTHIAPOOLE
Nolary ID #131362363
My Commission Expires
%„��„�.� November 27, 2021
RETAINING WALL MAINTENANCE AGREEMENT
Rev. 11/19/2020 JLE
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT "A"
"RETAINING WALL AGREEMENT"
BEING 578 square feet of land situated in the J.D. Kyle Survey, Abstract No. 792, City
of Fort Worth, Parker County, Texas, being a portion of that certain tract of land
described in deed to Aledo Independent School District (Aledo I.S.D.), according to the
deed filed in Volume 2583, Page 1480, Deed Records of Parker County, Texas
(D.R.P.C.T.); and being more particularly described by metes and bounds as follows:
COMMENCING at a smooth 5/8 inch iron rod found at the most southerly southwest
corner of said Aledo I.S.D. tract, along the south Right-of-Way (R-O-W) line of Old
Weatherford Road (variable width}, also being the southeast corner of a tract of land
described in deed to Kevin W. Van, J.C.D., D.D., Bishop of the Catholic Diocese of Fort
Worth, as filed in Volume 2459, Page 1357, D.R.P.C.T., and also being in the north line
of a tract of land described in deed to Geo Beggs III et al, as filed in Volume 204, Page
497, D.R.P.C.T., from which a 1/2 inch iron rod found for reference in the most southerly
west line of said Aledo I.S.D. tract, and in the east line of said Catholic Diocese tract,
bears N O1°12'46" W, a distance of 1199.86 feet;
THENCE N 88°59'20" E, along south line of said Aledo I.S.D. tract, passing along the
south line of said Old Weatherford Road, the north line of said Geo Beggs III tract, and
along the north line of Walsh Ranches Limited Partnership, as filed in Volume 1699,
Page 1765, D.R.P.C.T., a distance of 854.21 feet;
THENCE leaving said line over and across said Aledo I.S.D. tract, the following courses
and distances;
N O1°12'46" W, passing over and across said Old Weatherford Road, a distance
of 456.42 feet to the beginning of a non-tangent curve to the left whose radius is
570.00 feet, and whose long chord bears N 48°58'S0 E, a distance of 309.51 feet;
Along said curve in a northeasterly direction through a central angle of 31 °30'25",
an arc length of 313.44 feet;
N 56°46'22" W, a distance of 20.Q0 feet for the POINT OF BEGINNING of the
hereinafter described tract of land;
THENCE continuing over and across said Aledo I.S.D. tract, the following courses and
distances;
N 16°48'36" W, a distance of 12.71 feet;
N 31°18'43" E, a distance of 53.19 feet;
Sheet 1 of3
ALO 20152
N 65°55'02" E, a distance of 12.59 feet to the beginning of a non-tangent curve
to the right whose radius is 550.00 feet, and whose long chord bears S 29°28' 13"
W, a distance of 72.08 feet;
Along said curve in a southwesterly direction through a central angle of
07°30'S0", an arc length of 72.13 feet to the POINT OF BEGINNING and
containing 578 square feet or 0.013 acres of land.
18, 2021
Theron W. Sims, R.P.L.S.
Texas Registration No. 588
Surveyed on the ground March 18, 2021
1. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983
(North Central Zone; NAD83(2011) 2010.00) as derived locally from Allterra Central's
Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods.
An average Combination Factor of 1.000161391 was used to scale grid coordinates and
distances to surface.
2. Integral parts of this survey:
a. Legal Description
b. Sketch
Sheet 2 of 3
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5297 N. Riverside Drive, Suife 100
Fort Worlh, Tenas 76177
817.996.5773 ph 817.376.2613 fx
www.tnpin<.com
TEPELS:ENCR F-i70;5URV 1001160D,10011601,10194781
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