HomeMy WebLinkAboutContract 13968 COVENANT AND AGREEMENT CITY SECRETARY
REGARDING CONTRACT No-Lc-/Y
STORM DRAIN
Ronald G. Stephenson, hereby certifies that he is the owner
of certain real property located in the City of Fort Worth,
State of Texas, said property being legally described as Lot
32A, Block 28, Oakhurst Addition to the City of Fort Worth,
Tarrant County, Texas, as described in Volume 388-175, Page 96,
Deed Records of Tarrant County, Texas, and as depicted on
Exhibit "A" which is attached hereto and incorporated herein by
reference.
WHEREAS , Ronald G. Stephenson, has acquired the real
property described above subject to certain storm drainage
easements, and Ronald G. Stephenson, intends to erect certain
permanent improvements upon the real property described above
within a drainage easement; and
WHEREAS, Ronald G. Stephenson, proposes to construct a
building over an existing 24—inch storm drain pipe which
traverses the property described above;
NOW, THEREFORE, Ronald G. Stephenson, acting herein by 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 Ronald G. Stephenson, has
done and which plans were approved by the City of Fort Worth on
June 29, 1984 . Likewise, Ronald G. Stephenson, agrees to submit
to said Director for approval all building foundation plans or
permanent improvements other than or in addition to those
approved on June 29, 1984 which Ronald G. Stephenson, or his
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 .
--------------
REM
CM SECRETARY
FT. WORTH, TEX.
ON
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.
Ronald G. Stephenson, 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 Ronald G. Stephenson, or his 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.
Ronald G. Stephenson, 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. Ronald G.
Stephenson, or his successors or assigns will and hereby agrees
to, within sixty (60) days after receipt of written notice from
the City, perform the necessary maintenance. Tf the Ronald G.
Stephenson, or his successors or assigns fails, at any time, to
maintain the storm drain pipe as specified above, the City
retains the right to perform the necessary maintenance and
Ronald G. Stephenson, and his successors and its assigns agree
to reimburse to the City the full reasonable cost of said
maintenance.
Ronald G. Stephenson, further agrees that in the event it
becomes necessary for the City of Fort Worth to repair or
replace the 24-inch pipe storm drain pipe, Ronald G. Stephenson,
shall pay all reasonable costs far the rebuild-
ing or construction of any of its real improvements on the
property. Ronald G. Stephenson, his successors and assigns
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hereby expressly waive any claim for damages, destruction or
demolition of such structures as reasonably necessary to
maintain the storm drain pipe Ronald G. Stephenson 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.
Ronald G. Stephenson, further agrees that in the event that
it becomes necessary to repair, replace or maintain the 24-inch
storm drain pipe under the rights granted above, Ronald G.
Stephenson, 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 Ronald G. Stephenson, to repair or replace the
24" storm drain pipe located on the herein described real
property, Ronald C. Stephenson, shall at all times have the
option to relocate any or all of the 24" storm drain pipe 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 Ronald G.
Stephenson, 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 24" storm drain pipe which will lie beneath
the improvements proposed to he constructed by Ronald G.
Stephenson, on the property.
Ronald G. Stephenson, 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,
expense, loss or damage which may be sustained by Ronald G.
Stephenson, 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,
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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 Ronald G. Stephenson, his 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.
B 71
Owner
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Accepted and approved this , day of � 1,
1984. —T
CITY OF FORT WORTH, TEXAS
By:
Title:
A-T`T SS`Y
City' Secreta y
APPROVED AS TO FORM AND LEGALITY:
ity Attorney
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared Ronald G.
Stephenson, 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 Ronald G. Stephenson,
and that he executed the same for the purposes and
consideration therein experessed, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the W7 day
1984.
Notary P blic in and for
Tarrant County, Texas
My Commission Expires:
APIxRovED BY CITY COUNCIL
ry
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EXHIBIT "A"
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BACK OF CURB
AVE
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City of Fort Worth, Texas
Mayor and Council Communication
DA IC REFERENCE SUBJEC ; Covenant & Agreement with PAGE
NUMBER
Ronald Go Stephenson Owner of
9/18/84 **C-8596 Lot Block, 28, Oakhurst
cca Street)
In accordance with standard City policy, the construction of a building over a
storm drain line requires the ea ea 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 buAlding.
Ronald Go Stephenson has signed such a Covenant and Agreement for the subject
site,
Re comnendation
It Is recommended that the Mayor be authorized to execute and accept a
"Covenant and Agreement Regarding Storm Drain" for Lot 32A, Block 28 Oakhurst
Addition.
D,Ar:x,mc
S 8M'#TTF0 FOR THE WSPOSITdON BY COUNCW PR041:ESSED By
GER'
niner sy: C2, APPROVED
U
0TY MANA s
OWWNATING
DEPARTMENT HAD. Gary U, Santerre. CW'TY SECRETARf
iFOR, ADW*NAL NNFO
NTIACT, Tlrolet Ext. 7908
DATE