HomeMy WebLinkAboutContract 14331 -
.� .
. ` jatTY S,E C
�
AGnsomomr REGARDING
oRAzmaGo oAoomomT ENCROACHMENT
sznT: Or TEXAS y
um0m ALL mum as zuosu pno8amTS:
COUNTY or zAnRAmz 0
Wnonoua, Greenwood Creek-II, Partners, an Illinois General
Partnership, which partnership is comprised of CAP-Xzzz, zuc. ° and
CAe-xzv, zuc. , both of which are Illinois Corporations, Owner of the
property legally described in Exhibit "A" attached hereto and made a
part of this agreement (hereinafter referred to as "Owner") , is the
successor in interest to Oakwood Village Apartments, Ltd, *binb
firm, in connection with development of said property, had granted
previously an easement to the city of Fort Worth ( "City" ) for the
purpose of providing a drainage channel for the notfalling of storm
water to the Clear Fork of the Trinity River, which easement is more
particularly described as the westernmost 75 feet of the said pro-
perty, vbiob is contiguous to an existing drainage easement within
the city limit of the City of oeubcouk, Texas, as indicated on the
location map, attached hereto as Exhibit "o", and made a part of
this agreement; and
waoaoaG, the Owner desires to construct a footbridge which will
extend over the above-mentioned drainage channel which comprises the
easements held by the City of Fort Worth and the City of Beobrvob/
and
Wnmnoua, the City of Fort Worth requires that an agreement be
made with Owner regarding indemnification, maintenance and liabili-
ties involving the footbridge which Owner desires to place over,
across, within and along said easement; and
WHEREAS, the City of Fort Worth, as a condition of this agree-
ment, rognicea that a similar agreement be entered into between
Owner and the City of oeubrook/
NOW, TgoanFoao, mzrmnGSoTg:
That Owner, it successors and assigns, hereby covenant and
agree as follows:
) . Owner, or its successors and assigns, hereby agree that the
footbridge to he placed by it within and across said easement
,
,
will meet all city standards, and other such requirements,
governing design and construction of name, such facilities to
be constructed according to plans and specifications which must
he approved hy the Director of Transportation and Public Works
of the city of port Worth. sbooId repair or replacement of the
footbridge be necessary in the future, plans for such repair or
replacement must be approved by city in accordance with such
Codes, safety standards and other such requirements.
2. owner, or its successors and assigns, hereby assume all re-
sponsibility and liability for design, construction, repair and
replacement of the footbridge to be placed over or ever exist-
ing within said easement. Owner or its successors also hereby
relieve the City, its officers, agents and employees, of the
responsibility and liability for any inadequacies of all de-
signs, plans and specifications incorporated into the aforemen-
tioned footbridge and assume all liability and responsibility
for name, moreover, approval by the Director of Transportation
and Public works shall not constitute or he deemed to he an
assumption of or a release of the responsibility and liability
of Owner, its engineer, employees and agents, for the accuracy
and competency of designs and specifications for the foot-
bridge. It is the express intent of the parties that such
approval by the Director of Transportation and Public Works
signifies the City's approval of only the general design con-
cept of the work to be performed in constructing, repairing or
replacing the footbridge.
3, owner, or its successors and assigns, hereby assume all lia-
bility and responsibility for maintenance of the footbridge
proposed to be placed over or henceforth placed within the
easement, Further, Owner or its successors, by these presents,
agree to maintain said footbridge in o safe condition for use
by the travelling public.
4. In the event that it becomes necessary for the city to repair,
replace or maintain the storm drain facilities within its ease-
ment, Owner or its successors and assigns abaII pay all costs
for the demolition, protection, relocation and/or rebuilding of
the footbridge if such is reasonably necessary in order to
enable such repair, replacement or maintenance of the storm
drain facilities.
5. Owner agrees to, and does hereby, indemnify, bold harmless and
defend City, its officers, agents, servants and employees from
and against any and all oInima or suits for property damage or
loss and/or personal injury, including death, of whatsoever
kind or character, whether real or asserted, arising out of or
in connection with, directly or indirectly, the design, con-
struction, use, maintenance, location or existence of said
footbridge and its appurtenances, whether or not caused, in
whole or in part, by alleged negligence of officers, agents,
servants, employees, o^ocraocora, subcontractors, licensees or
invitees of the City/ and Owner hereby assumes all liability
and responsibility of City, its officers, agents, servants and
employees for any and all claims or suits for property damage
or loon and/or personal injury, including death, of whatsoever
kind or character, whether real or asserted, arising out of or
in connection with, directly or indirectly, the design, con-
struction, use, maintenance, location or existence of said
footbridge and its appurtenances, whether or not caused, in
whole or in part, by alleged negligence of officers, agents,
servants, employees, contractors, subcontractors, licensees or
invitees of city. owner shall likewise indemnify" hold bacmIeoa
and reimburse the City for any and all damage or destruction of
City property arising out of or in connection with the acts or
omissions of Owner, its engineers, contractors, subcontractors,
-2-
'
agents, employees, licensees, invitees or trespassers, or
caused in whole or in part by alleged negligence of officers,
agents, servants, employees, contractors, subcontractors,
licensees or invitees of City.
0. In the event that the footbridge is destroyed or damaged by
fire, flood, or any other cause, its replacement or reconstruc-
tion shall be the sole responsibility of Owner, and all costs
for said replacement or re000stcootluu shall be paid by Owner
and shall be reconstructed according to plans and specifica-
tions approved by city in accordance with City codes, safety
standards, and other such requirements.
7. Owner agrees to furnish City u certificate of insurance as
proof that it has secured and paid for a policy of public lia-
bility insurance covering all public risks related to the use
and occupancy of the easement as described in Exhibit "8" , The
amounts of such insurance shall be not less than the following:
Property damage, per occurrence $ 100,000
eecaooaI injury or death, per occurrence $1 ,000,008,
with the understanding of an agreement by Owner that such
insurance amounts shall he reasonably revised upward at City's
option and that Owner covenants and agrees to so revise such
amounts within thirty (30) days following notice to Owner of
such cequirement,
Owner agrees, binds and obligates itself, or its oucroaoore and
assigns to maintain and keep in force such public liability
insurance at all times during the term of this agreement, and
failure to do so will he grounds for termination of this agree-
ment by city/ after notice to Owner of intent to terminate.
A certificate of insurance as proof of such maintenance shall
be submitted annually to City on the anniversary date of the
execution of this agreement. Each such insurance policy shall
provide that it cannot be cancelled or amended without at least
thirty (30) days prior written notice to City. Such insurance
may be obtained under a "blanket" and/or "umbrella" policies.
8. Owner covenants, agrees and acknowledges that this agreement
conveys to Owner only a privilege to construct, maintain and
locate a footbridge over the described drainage ouaooeI, and is
not a conveyance of any right, title or interest in any ease-
ment or property over which the proposed footbridge will be
located.
9. This license shall remain in effect for as long as the easement
referred to above, over which the footbridge described above
aboII he located, shall he in effect, unless sooner terminated
in accordance with the provisions bereof, In this connection,
Owner covenants, agrees and acknowledges that city has the
right to terminate this license, and the privileges granted
hereunder, at any time by notifying Owner or its agent in writ-
ing of its intent to terminate same, nvoec covenants and agrees
that in the event this license or privilege is terminated for
any reason, Owner shall immediately remove said footbridge from
its location across the City's easement; and shall Owner fail
to remove same, city shall have the right to remove and expel
same, forcibly if necessary, from its location in and urrusa
said easement, and in such event, City shall incur no liability
as a result of such removal. Owner shall pay all costs of such
removal.
-3-
,
10. Owner and city mutually covenant and agree that City, acting by
and through its duly authorized agents, officers, servants or
employees shall have at any and all reasonable times the ±oIl
and unrestricted right to enter Owner's property for the
purpose of examining and inspecting the footbridge and its
appurtenances to determine the compliance by Owner with its
obligations hereunder.
11 . This agreement oboIl be binding upon the parties, successors
and aoaiguo,
12. Owner shall operate hereunder as an independent contractor and
not as an officer, agent, servant or employee of City. Owner
shall have exclusive control of and the exclusive right to con-
trol the details of the work and services performed hereunder,
and all persons performing same, and obazz be solely responsi-
ble for the acts and omissions of its officers, agents, ser-
vants, employees, contractors and subcontractors. The doctrine
of reepoodeat superior shall not apply as between the City and
Owner, its officers, agents, servants, employees and subcon-
tractors, and nothing herein shall be construed as creating m
partnership or joint enterprise between city and the Owner.
13. Owner further covenants and agrees that, prior to the commence-
ment "of construction of the footbridge within City's easement
as described in this agreement, it will enter into a similar
agreement with the city of aenbzook for the use of that city's
easement in the construction of the improvements.
14, Owner agrees to deposit with the City of Fort Worth when this
agreement is executed a sufficient sum of money to be used to
pay necessary fees to record this agreement in its entirety in
the deed records of Tarrant county, reoaa, After being so
recorded, the original hereof shall be returned to the City
Secretary of the city of Fort Worth, Texas. '
15. In any action brought by City for the enforcement of the obli-
gations of Owner, city shall be entitled to recover statutory
interest and reasonable attorneys' fees.
16. Should any cause of action, at law or in equity, arise out of
the terms and conditions of this agreement, or the performance
or non-performance thereof, venue for said action shall lie in
Tarrant County, Texas.
'
The covenants and agreements set forth herein pertaining to the
footbridge and the easement shall run with the land and shall be
binding upon owner, its successors and assigns.
GREENWOOD Cm000-zz, paarmERm Czrr or nnmr W0aza
an Illinois general nu,toe,nnir
�y; o�e-xzzr Inc.., 8y:` all
' vzr aepmovoo AS TO FORM
AND LooaLzrry
By: CAP-XI
an Ill
BV:
Assistant �i t
o�nu� �y e Attorney
ANPROVED Y CITY COUNCIL Date:
ldd omre a,ry
-4-
ACCEPTED and APPROVED this , day of �, Az�` _, 1985.
CITY OF FORT WORTH
Title
ity Secretary
By '1Ty CC1[1'NC'IL
STATE OFQ(I�
COUNTY OF +�- _ §
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared 2,'a;0b"'j - /-'x�..f
known to me to be the same person and officer whose n1me is sub-
scribed same was the act re the said ant and acknowledged to me that the
same wastthehsamer t the factr eCa � 12,p, and that (,j;)he
said company for the purposes and
consideration therein expressed, and in the capacity therein stated.
pGIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
1985.
Notary bl is in and d fo or
..>;,,
My Commission Expires:
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared ,
of the CITY OF FORT WORTH, a Texas home rule municipal corporation,
known to me to be the same person and officer whose name is sub-
scribed to the foregoing instrument and acknowledged to me that the
same was the act of the said CITY OF FORT WORTH, and the (s)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 day of
1985
Notary Public in and for
the State of Texas
My Commission Expires:
-5-
a tract of land situated in Tarrant County, Texas, and being in the E. H. Burke
Sun,e_y, Abstract No. 160, and being described in two tracts as follows:
,-LNG situated in the City of Fort Worth, Tarrant COun ty, T exas, and being all of lot
2R2:,, Block 4, County Day Meada.•s, Fourth Filing., as recorded in Volume 388-161, Page
53, Plat Records of Taunt County, Texas, and being more particularly descrilbed as
follows
BEGM'ZING at the southeast carves of Lct 2RZA, Block 4, Cot_=4_,j Day Yeadows, FcL--th
Filing;
71== in a westerly di=ec-dcn along a curve to the left having a central angle of 02
deg. 42' 06" and a radius of 1086.2 feet an arc distance of 51.22 feet;
Tfm�)= S 75 deg. 00' 00" W 'a distance of 125.5 feet to the beginning of a =XVe to the
right-having a central angle of 20 deg. 331 38" and.-a radius of 801.76 feet to a point
for miner;
Tm= along said curve to the right an a= di-st aim of 287.71 feet to a point
f cr c=er;
7F.-7-Na in a northerly direction along a curve to the right having a central angle of
05 deg. 31' 13" and a radius of-219.0 feet an arc distance of 21.1 feet to the begirziing
of.anc-_he_ curve to the right having a central angle of 37 deg. 00' 00" and a radius
of 305.44 feet;
along said curve to the right an arc distance of 197.24 feet to a point;
TItNCS N 37 deg. 001 00" E a distance of 138.85 feet to the beginning of a C=ve to the
left having a central angle of 23 deg. 17' 55" and a.radius of 508.04 feet;
Tl-�_ - alcng said curve to the left an arc distance of 206.59 feet to a point;
N 11 deg. 42' 05" E a distance of 48.84 feet to a point for ccamer;
T--N= S 74 deg. 251 43" E a distance of 227.66 feet to a point for ,-tier;
S 00 deg. 53" 58" W a distmance of 419.46 feet to the PO= CF BEGINKLNG and
=Ttai.-ing approximately 174,244.54 square feet cr 4.00 acres of land.
EEnZ situated in the City of Bm-I=cck, Tarrant 0:;unty, Texas, and being part of
Lct 21R, Block 5, Country Day Y--acbws as reoorded in Volume 388-'156, Page 73, Plat
P---catis of Tarrant C =ty, Texas, and being mac particu>=ly desc=dbed as follows:
H�� G at the southeast carnet of Trot 1R, Block 5, Cm try Meadows;
7=- = in a westerly direction along a curve to the right having a central angle of
12 deg. 261 13" and a radius of 801.76 feet an arc distance of 174.03 feet;
N 19 deg. 25' 35" E a distance of 123.0 feet to a point;
N 11 deg. 21' 35" W a distance of 90.25 feet to a point;
N 20 deg. 131 54" E a distance of 60.0 feet to a-point;
S 69 deg. 46' 06" E a distance ef 84.63 feet to a point;
7EM
- - N 37 deg. 001 00" E a distance of 182.96 feet to a point;
T
MM_I= N 78 deg. 10' 00" W a distance of 180.94 feet to a point;
N 11 deg. 50, 00" r di-•--nce of 185.0 feet to a point;
S 78 deg. 10' 00" Z a distance of 5.0 feet to a point;
7-r:EN-=- S 70 deg. 40' 00" E a distance of 139.2 feet to a point for C=Mer,-
!1-.—zz,=- S 79 deg. 401 00" E a distance of 163.5 feet to a point for CO-Imer;
S 74 deg. 25' 43" E a distance of 23.01 feet to a point for corner;
S 13 deg. 421 05" W a distance of 48.84 feet to the beginning of a curve to
the right having a central angle of. 23 deg. 17" 'S5" and a radius of 508.04 feet.;
alci-q said curve to the right an arc distance of 206.59 feet to a point;
S 37 deg. 001 00" W a distance of 138.85 feet to the beginning of a curve to
the left having a central angle of 37 deg. 00' 00" and a radius of 305.44 feet;
A14NG SAID CURVE TO TFIE L= AN AFC DISTANCE of 197.24 feet to the beginning
of ancther curve to the left having a central angle of 05 deg. 31' 13" and a radius
of 219.0 feet;
along said curve to the le-ft an arc distance of 21.1 feet to the PO= CF EEGD,'INILNC
and.cantaining apr-rmdm-zteIy 122,710.46 square feet or 2.817 ac=es of land.
O
ck)
44
cc
cv cv .°3/�/3 ' t
— ------------
Cr -j
of
co
S0 uTH
BELLAIRE DR VE
^ ^ ,
~
�
^
City of Fort Worth, Texas
Mayor and Council Communication
OATE REFERENCE BUBJECT; AGREEMENT BETWEEN THE CITY OF FORT PAGE
NUMBER RTH AND GREENWOOD CREEK It REGARDING
DRAINAGE AASE49NT ENCROACHMENT
Greenwood Creek II, an Illinois General Partnership, owners of property off
Bellaire Drive South of the City of Benbrook/City of Fort Worth City Umits
line, has requested approval for an encroachment onto an existing drainage
easement and has submitted the appropriate agreement. Under the terms of this
Agreement, the City would grant permission for the construction of a footbridge
across the drainage easement (see attached exhibit) .
Greenwood Creek It would assume all liability and responsibility for the design,
construction and maintenance of the footbridge.
It is recommended that the City Manager be authorized to execute and accept the
encroachment agreement between the City of Fort Worth and Greenwood Creek II.
Attachment
SUBMITTED FOR THVe---p., DISPOSITION BY COUNCIL: PROCESSED By
DEPARTMENT HEAD- Gary L. Santerre CITY SECRETARV
~