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HomeMy WebLinkAboutContract 14319 CITY SECREIAh COVENANT AND AGREEMENT Co Tma ...... REGARDING STORM DRAIN RIDGMAR TOWN CENTER, a Texas general partnership, represented I'-y Dan H. McLeland, Partner, hereby certifies that Ridgmar Town Center is the owner of certain real property located in the City of Fort Worth, State of Texas, said property being legally described in Exhibit "A" attached hereto and made a part hereof. WHEREAS, Ridgmar Town Center has acquired the real property described above subject to a certain 48" storm drain presently located in, on and along said property, and Ridgmar Town Center intends to erect certain permanent improvements upon the real property described above within a drainage easement; and WHEREAS, Ridgmar Town Center proposes to construct a building over the existing 48-inch storm drain which traverses the pro- perty described above; NOW, THEREFORE, Ridgmar Town Center, acting hereby by and through Dan H. McLeland, Partner, for and in consideration of the mutual covenants and conditions contained herein, hereby grants to the City of Fort Worth the easement, right and privilege for the purpose of having, using, and maintaining the existing 48-inch storm drain for storm water runoff at its present loca- tion in, on, and along the hereinabove described real property. Further, Ridgmar Town Center 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 Ridgmar Town Center or its successors or assigns proposes to construct in or over 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. In this regard, the City of Fort Worth hereby confirms that said Director of Department of Transportation and Public Works has approved those certain plans and specifications dated October 25, 1984, prepared by O'Brien, O'Brien, Nyfelee, Callaway for the construc- tion of permanent improvements over a portion of the storm VM1 8281PvE 728 - , ^ . . drainage easement. Any alterations to the building which are purely cosmetic or only relate to the interior of the building will not cngoizo said approval. The nforodenoribod approval by the Director of Transportation and Public Works shall not consti- tute any assumption of liability or any waiver of any of the terms hereof by the City of Fort Worth. Ridgmar Town Center further agrees to assume all respon- sibility for maintenance and repair of the storm drainage facili- ties under and within twenty-five (25) feet of any building constructed over the storm drainage easement. The City will be responsible for the maintenance and repair of all other portions of the drainage easement and agrees to restore same to its origi- nal condition including, without limitation, restoration of concrete or asphalt paving and normal landscaping, after making any such required maintenance or repairs; provided, however, the City shall not be required to restore structures constructed over the storm drainage easement or extraordinary landscaping, such as statues, fountains, lighting fixtures, trees, or fences. Further, aidgmar Town Center or its successors or assigns by these pre- sents agree to maintain said facilities in a manner consistent with and to the same level of effectiveness that the city main- tains like facilities; it being expressly agreed by the parties hereto that the Director of the Transportation and Public Works Department of the city of vnct wbctu shall have aoI* and final authority, to he exercised in u reasonable manner, for judging whether such maintenance is adequate to safeguard the capacity of such facilities for conveying storm water runoff. 8idgmar Town Center 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. Ridgmmr zmvn Center 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 midgmar Town Center or its avnoeouozs or assigns fails, at any time, to maintain the storm drain as specified above, the City retains the right to perform the onoossory maintenance and midgmar Town Center or its ' . successors and its assigns agree to reimburse to the city the full reasonable cost of said maintenance. Ridgmmc ro*u Center further agrees that, in the event it becomes necessary for the City of Fort Worth to repair or replace the 48-inob pipe storm drain, Ridgmac Town Center shall pay all reasonable costs for the rebuilding or construction of any of its structures on the pconvzty, midgmac Town Center, its su000anora and assigns, hereby expressly waive any claim for damages, destruction, or demolition of such structures as reasonably oevnsmncy to maintain and repair the storm drain or drainage obaouol and further agrees to bold 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. midgmmz zmwu Cootnc further agcooa that, in the event that it becomes necessary to repair, replace, or maintain the 48-inch pipe storm drain or maintain the drainage obunnmI under the rights granted above, nidgmar Town Center or its successors or assigns shall pay all reasonable coots for the demolition, pro- taction, relocation, and/or rebuilding of any of its structures as may be reasonably required in order to enable such repair, replacement, or maintenance work. Notwithstanding the provisions contained herein regarding the obligation of nidgumc Town ceotoc to repair or royIano the 48-ioch pipe storm drain located on the herein described real property, uidgmaz Town Center shall at all times have the option to relocate at its sole coot and =xP=ono any or all of the 48-incu DiDo storm 8cuiu across said property in n location and according to plans and specifications approved by the Director of Transportation and Public wurxa, It is the intent of this provi- sion tuat' midgmar Town center 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 48-inox pipe storm drain which will lie beneath the improvements proposed to be constructed by nidgmac Town Center on the property. In the event of such a relocation of the 48-iucb pipe storm drain, the City -3- a 8281 PAGE 730 ' agrees to execute, acknowledge, and deliver to aidgmar Town Center, or its successors or assigns, a release mutually accep- table and agreed to by both parties, releasing the City's ease- ment rights to the use of the existing 48-inch pipe storm drain in exchange for the simultaneous grant by Ridgmnc Town Center or its successors or assigns of a new easement at such new location. sidgmac Town Center further agrees to and does hereby indem- nify, bold harmless and defend the City of Fort Worth, reuua, 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 Ridgmac Town Center 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 coal property improvements, or from flooding or rising water, and from and against any and all oln1nw or causes of action of any outuco whatsoever, whether real or asserted, for personal injuries (including death) or property damage arising out of or caused by the design, construction or location 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 Bidgmar Town Center, its auoonsaocs and assigns, and shall continue in effect so long as any building or improve- ments shall remain in, on, over, or within said drainage ease- ments or until expressly released by proper authority of the City of Fort Worth, zexao, DATED this day of , 1985. azoGnun Towm CumTou By. Dan H. McLeland, Partner -4- 14101 8281PAU 731 ACCEPTED AND APPROVED this day of 1985. CITY OF FORT WORTH, TEXAS By:- � Title: " By Mayor t - - IT - R APPROVED BY CITY COUNCIL A RO d 'AS TO FORM AND LEGALITY: -- YTe Azvr.CITY ATTORNEY she � 3-14=STS STALE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the a�s day of /)q c� , 1985, by DAN H. McLELAND, Partner of Ridgmar Town Center, a Texas general partnership, on behalf of said general partnership. 0 Notary P661ic in and Zar r the State of Texas 1 "a My commission expires: m" „rf7M I'm 9 y� �N, L STATE OF TEXAS § "k § 011y COUNTY OF TARRANT § BEFORE the nder ned authority, on th' ersonally appeared , C f THE C TY OF FORT WORTH, a Texas home rule mun al cor- poration, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged that the same was the act of the said CITY OF FORT WORTH, and that he exe- cuted the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said municipal corporation. IVEN UNDEf HAND AND SEAL OF OFFICE thi day of r , . 1985. D/may w." N ary Publ ' in and for the State olf Texas �% d”117 co/'Mission expires: roe 8281 PAGE '732 -5- JWS/bw#44 EXHIBIT "A" TO COVENANT AND AGREEMENT REGARDING STORM DRAIN EXECUTED BY AND BETWEEN RIDGMAR TOWN CENTER AND THE CITY OF FORT WORTH, TEXAS That real property situated in Fort Worth, Tarrant County, Texas, described as Lots I and 2, Block Ir One Ridgmar Centre Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-181, Page 79, of the Plat Records of Tarrant County, Texas. vOL 8281 PAGI '733 City of Fort Wor'.7% Texas Mayor and Council Communication DATE REFERENCE SUBJECT:Covenant and Agreement with PAGE 3/5/85 NUMBER Ridgmar Town Center and the City of Fort I **C-8885 Worth Background 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 the building over the line assumes certain responsibilities for the line and indemnifies the City against damages to the building. Ridgmar Town Center has signed such a Covenant and Agreement for Lots 1 and 2, Block 1, in the One Ridgmar Centre Addition. Recommendation It is recommended that the Mayor be authorized to execute and accept a "Covenant and Agreement regarding Storm Drain" for One Ridgmar Centre Addition, Lots I an 2, Block 1. DAI:jcq SUBMITTED FOR THr CITY MANAGER DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY: 0 APPROVED ORIGINATING 0 OTHER (DESCRIBE) DEPARTMENT HEAD: Gary L. Santerrp CITY SECRETARt FOR ADDITIONAL INFOR V'Vrolet Ext. 708 CONTACT: DATE