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Home My WebLink AboutContract 13906 COVENANT AND AGREEMENT CITY SECRETARY REGARDING CONTRACT No. STORM DRAIN American U-Lok-It Self Storage Corp. , represented by Robert Sawyer President, hereby certifies that American 13-Lok-It Self Storage Corp. , is the owner of certain real property located in the City of Fort Worth, State of Texas, said property being legally described as all of Block 31A, Marquette Place an Addi- tion to the City of Fort Worth, Tarrant County, Texas, as described in Volume 388-103, Page 70, Deed Records of Tarrant County, Texas, and as depicted on Exhibit "A" which is attached hereto and incorporated herein by reference. WHEREAS, American U-Lok-It Self Storage Corp. , has acquired the real property described above subject to certain storm drainage easements, and American U-Lok-It Self Storage Corp. , intends to erect certain permanent improvements upon the real property described above within a drainage easement; and WHEREAS, U-Lok-It Self Storage Corp. , proposes to construct a building over an existing 42 and 54-inch storm drain which traverses the property described above; NOW, THEREFORE, American U-Lok-It Self Storage Corp. , act- ing herein by and through Robert Sawyer, President, for and in consideration of the mutual covenants and conditions contained herein, hereby agrees to submit to the Director of the Depart- ment of Transportation and Public Works of the City of Fort Worth for approval, all building foundation plans of permanent improvements which submittal American U-Lok-It Self Storage Corp. , has done and which plans were approved by the City of Fort Worth on June 27, 1984. Likewise, American U-Lok-It Self Storage Corp. , or its successors or assigns proposes to con- struct 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 r e 1 a OFFICIAL REC010 I MY SECRETARY F'T. WWII, TEX, � 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. American U-Lok-It Self Storage Corp. , 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, American U-Lok-It Self Storage Corp. , 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 facil- ities; 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. American U-Lok-It Self Storage Corp., 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. American U-Lok-It Self Storage Corp. , 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 American U-Lok-It Self Storage Corp. , or its successors or assigns fails, at any time, to main- tain the storm drain as specified above, the City retains the right to perform the necessary maintenance and American U-Lok-It Self Storage Corp. , and its successors and its assigns agree to reimburse to the City the full reasonable cost of said main- tenance. American U-Lok-It Self Storage Corp. , further agrees that in the event it becomes necessary for the City of Fort Worth to repair or replace the 42 and 54-inch pipe storm drain, American U-Lok-It Self Storage Corp., shall pay all reasonable costs for the rebuilding or construction of any of its real improvements on the property. American U-Lok-It Self Storage Corp., its -2- successors and assigns hereby expressly waive any claim for damages, destruction or demolition of such structures as reason- ably 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. American U-Lok-It Self Storage Corp. , further agrees that in the event that it becomes necessary to repair, or replace, the 42 and 54-inch pipe storm drain, American U-Lok-It Self Storage Corp. , or its successors or assigns shall pay all reasonable costs for the demolition, protection, relocation and/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 American U-Lok-It Self Storage Corp., to repair or replace the 42 and 54" pipe storm drain located on the herein described real property, American U-Lok-It Self Storage Corp. , shall at all times have the option to relocate any or all of the 42 and 54" 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 American U-Iok-It Self Storage Corp., 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 42 and 54" pipe storm drain which will lie beneath the improvements proposed to be constructed by American U-Lok-It Self Storage Corp. , on the property. American U-Lok-It Self Storage Corp. , further agrees to and does hereby indemnify, 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, ex- pense, loss or damage which may be sustained by American U-Lok-It Self Storage Corp. , or its customers, employees or -3- invitees to permanent or temporary improvements, to improvements under construction or to contents during all such time said im- provements 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 American U-Lok-It Self Storage Corp. , its successors and assigns, and shall continue in effect so long as any building or improvements shall remain in, on, over, or with- in said drainage easements or u til expressly released by proper authority of th e of Fort W tb, ,Texas. f ity( DATED THIS day of 198 By V V, Pr di -4- Accepted and approved this r day of 198q. CITY OF FORT WORTH, TEXAS By: Tit ATTEST: APPROVED BY CITY COUNCIL (I- Cit'y Secretdry Ltd Ta—1-.j APPROVED AS TO FORM AND LEGALITY: Date �-,,-City Attorney BEFORE ME, "ttfe undersigned, a Notary Public in and for said County and State, on this day personally appeared Robert Sawyer, 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 Robert Sawyer 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. GIVEN Y,.NDER MY HAND AND SEAL OF OFFICE, this the '71(!, day of 1984. N6ta y Public '--'in and for Tarrant County, Texas My Commission Expires: BEFORE ME, the undersigned, a Notary Public i and for said County and StT his day personally appeared I of THE CITY OF FORT WORTH a Texas 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 r"?)/ day of 1984. w 41 Ndtz�r-)� �ub I i c in -and fb r Tarrant County, Texas My Commission Expires: EXHIBIT "A" (BLOCK 31A, MARQUETTE PLACE ADDITION) kl O9 ---I W�_ - M 7 t P t I it is U1 ,y.�•.• • 31-Bz 14, 7 �{ FULLER S7ReEr �. � I I { I I I I I I I ARMY QUARTERMASTER DEPOT I I �I 63 Aa „ I � T H t T 7 r 1-11 I I. I I F. I I I I I I I -6- City of F `ort oath, exa � � . Mayor and Councit Uommunication DATE REFERCNCE SUBJECL Covenant & Agreement With PAGE NUMBER American U--Lo -It Self Storage Corp 1 8/21/84 a �� In accordance with nd rd sta a 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. American tJ-Lok-It Self Storage Corp., has 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 Bloch 31A, Marquette Place Addition. DAI:dj P� ' " � COUNCIL AUG 198 r.Jty a A'scrawry dal the � MrrT O _ ... ..._. ...,., wA ... CITY MANALIR@^ 04P...O„ ITIO N ._Y....COUN CI.I.L.w:, ..,,_„, ..........._...... PROCES,SEO,B,.�Y � �PPNOV O FFICE BY. , , !ORI MNATIING C3 OTHER T Si N 1 DEPARTMENT MEAD; ar � . TLnt rr , NT"Y IA 'TART FOR AL"FWIONAL, rNFONkAA TWN OONr CTa Drolet Ext. 7905 DATE