The URL can be used to link to this page

Home My WebLink AboutContract 13707 CITY SIECRETARY CONTRAC-r COVENANT AND AGREEMENT OFFICIAL RENAD REGARDING My ISIECRETAIty STORM DRAIN FT, WORTH, 10L Cherokee Builders Inc. , represented by Donald W. Samuel, President, hereby certifies that Cherokee Builders is the owner of certain real property located in the City of Fort Worth, State of Texas, said property being legally described as Lot 2A, Block 4, Bankhead Estates to the City of Fort Worth, Tarrant County, Texas, as described in Volume 388-57, Page 544, Deed Records of Tarrant County, Texas, and shown in attached Exhibit A. WHEREAS, Cherokee Builders, Inc. , has acquired the real property described above subject to certain storm drainage easements, and Cherokee Builders, Inc. , intends to erect certain permanent improvements upon the real property described above within a drainage easement; and WHEREAS, Cherokee Builders Inc. , proposes to construct a building over an existing 66-inch storm drain which traverses the property described above; NOW, THEREFORE, Cherokee Builders, Inc. , acting herein by and through Donald W. Samuel, for and in consideration of the mutual covenants and conditions contained herein, hereby agrees to submit to the Director of the Department of Transportation and Public Works of the City of Fort Worth for approval, all building foundation plans of permanent improvements which submittal Cherokee Builders, Inc. , has done and which plans were approved by the City of Fort Worth on March 20, 1984. Likewise, Cherokee Builders Inc. , agrees to submit to said Director for approval all building foundation plans or permanent improvements other than or in addition to those approved on March 20, 1984, which Cherokee Builders, Inc. , or its successors or assigns proposes to construct in or adjacent to the area of the storm drain or its associated easements, and not commence any - -- ---------- such construction without the approval of said Director of the Department of Transportation and Public Works. Any alterations to the building which are purely cosmetic or only relate to the interior of the building will not require said approval. The aforedescribed approval by the Director of Transportation and Public Works shall not constitute any assumption of liability or any waiver of any of the terms hereof by said Director. Cherokee Builders, Inc. , further agrees to assume all responsibility for maintenance of the storm drainage facilities proposed to be placed or henceforth placed within the drainage easement. Further Cherokee Builders, Inc. , or its successors or assigns by these presents, agree to maintain said facilities in a manner consistent with and to the same level of effectiveness that the City maintains like facilities, it being expressly agreed by the parties hereto that the Director of the Transportation and Public Works Department of the City of Fort Worth shall have sole and final authority for judging whether such maintenance is adequate to safeguard the capacity of such facilities for conveying storm water runoff. Cherokee Builders, Inc. , further agrees to maintain the storm drainage facilities as specified above and as required by the ordinances and policies of the City of Fort Worth. Cherokee Builders, Inc. , or its successors or assigns will and hereby agrees to, within sixty (60) days after receipt of written notice from the City, perform the necessary maintenance. If the Cherokee Builders, Inc. , or its successors or assigns fails, at any time, to maintain the storm drain as specified above, the City retains the right to perform the necessary maintenance and Cherokee Builders, Inc. , and its successors and its assigns agree to reimburse to the City the full reasonable cost of said maintenance. Cherokee Builders, Inc. , further agrees that in the event it becomes necessary for the City of -Fort Worth to repair or replace the 66-inch pipe storm drain, Cherokee Builders, Inc. , shall pay all reasonable costs for the rebuild -2- ing or construction of any of its real. improvements on the property. Cherokee Builders, Inc. , its successors and assigns hereby expressly waive any claim for damages, destruction or demolition of such structures as reasonably necessary to maintain the storm drain or drainage channel and further agrees to hold the City harmless for any claims for such damage, destruction or demolition, excepting that this indemnification shall not apply to the negligent acts of the City, its employees, officers, and agents. Cherokee Builders, Inc. , further agrees that in the event that it becomes necessary to repair, replace, or maintain the 66-inch pipe storm drain or maintain the drainage channel under the rights granted above, Cherokee Builders, Inc. , or its successors or assigns shall pay all reasonable costs for the demolition, protection, relocation arid/or rebuilding of any of the real property improvements as may be reasonably required in order to enable such repair, replacement or maintenance work. Notwithstanding the provisions contained herein regarding the obligation of Cherokee Builders, Inc. , to repair or replace the 66-inch" pipe storm drain located on the herein described real property, Cherokee Builders, Inc. , shall at all times have the option to relocate any or all of the 66-inch" pipe storm drain across said property in a location and according to plans and specifications approved by the Director of Transportation and Public Works. It is the intent of this provision that Cherokee Builders, Inc. , have this option in order to avoid the expense which it might otherwise incur by being required to repair or replace that portion of the 66-inch" pipe storm drain which will lie beneath the improvements proposed to be constructed by Cherokee Builders, Inc. , on the property. Cherokee Builders, Inc. , further agrees to and does hereby indemnity, hold harmless and defend the City of Fort Worth, Texas, its officers, agents and employees, from and against any and all claims or suits for damage or liability, -3- expense, loss or damage which may be sustained by Cherokee Builders, Inc. , or its customers, employees or invitees to permanent or temporary improvements, to improvements under construction or to contents during all such time said improvements or contents of same are located over or adjacent to such storm drain, whether or not such liability, expense, loss or damage results from any structural failure of such storm drain or real property improvements, or from flooding or rising water, and from and against any and all claims or causes of action of any nature whatsoever, whether real or asserted, for personal injuries (including death) or property damage arising out of or caused by the design or construction of the storm drain or of any building or structure adjacent to or over the storm drain. This covenant and agreement shall run with the land and shall be binding upon Cherokee Builders, Inc. , its successors and assigns, and shall continue in effect so long as any building or improvements shall remain in, on, over, or within said drainage easements or until expressly released by proper authority of the City of Fort Worth, Texas. DATED THIS day of 1984. By. Al Donald W. Samuel, President -4- ------------ Accepted and approved this w. day of 1984. CITY OF FORT WORTH, TEXAS Title ATTEST: APPROVED BY ITY COUNCIL City Secretary City acre ary Date APPROVED AS TO FORM AND LEGALITY: r /,_, ity Attorney BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Donald W. Samuel, President known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said and that he executed the same as the act of said company for the purposes and consideration therein expressed, and in the capacity therein stated. DER MY HAND AND SEAL OF OFFICE, this the day of � 1984. Notar ublic Y a nd for Tar nt Cou Texas My Commission Expires: �- 'Z:� -& BEFORE ME, the undersigned, a Notary Public in and for said County and Sta e, on this day personally appeared 'Dfolz) of THE CITY OF FORT WORTH, a Texad home rule municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said CITY OF FORT WORTH, and that he executed the same as the act of said municipal corporation, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the Z�' day o f I' a „;�, , 1984. — No ary Public in and for Tarrant County, Texas My Commission Expires: S,� g M$ CP r N rO i � M i oq a r N V1 z► Ar I �l f v a i► u ' w Lb w I r + '\ tI lilt ! fj "v o ••�' J ,I v � i d I I s s .+ aro r. . ( .. ' it r• .. as \+. � REAGA N � \� DRIVE o W t. li ,'t .. y, ,. ,t. .,t 1 .\. K I 1 03 i I (� 5oNN1 E •r., i "sign , .... City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE SUBJECT:Covenant and Agreement with ero ge-e PAGE NUMBER Builders, Inc. For Lot 2A, Block 4, N, 4/24/84 **C-8333 Bankhead Estates IOf- In accordance with standard City policy, the construction of a building over a storm drain line requires the execution of a Covenant and Agreement, by which the party constructing a building over the line assumes certain responsibility for the line and indemnifies the City against damages to the building. Cherokee Builders, Inc., have signed such a Covenant and Agreement for the subject site. Recommendation It is recommended that the Mayor be authorized to execute and accept a "Covenant and Agreement Regarding Storm Drain" for Lot 2A, Block 4, Bankhead Estates with Cherokee Builders, Inc. DAI:dy SqJ MITTED FOR THE H �DISPO TION BY COUNCV@ � PROC. CNDgs oER s EssED B ///��/} APPROVED ORIWINATING OTHER (DESCRIBE) DEPARTMENT HEAD, Gary L. Santerre CITY SECRE'TAR) FOR AODrrIONAL INFO) C4TTdJ olet �Ct, 790 C(:NTACTn DATE