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CONTRACT
STATE OF TEXAS §
COUNTY OF TARR.ANT
Laurel Land of Fort Worth, Inc . , a Corporation, located or
residing at 7100 Crowley Road, Fort Worth, Texas 76115 (hereinafter
referred to as "OWNER" ) , represents that it is the Owner of the real
property described as San Antonio and Gulf Railroad Company Survey,
Abst. No. 1463 , Tracts 1 and 3 Tarrant County, Texas (hereinafter
referred to as the "PROPERTY" ) . The drainage easement described in
Exhibit "A" hereto lies in, on or over the Property, (hereinafter
referred to as the "EASEMENT" ) and is owned by the City of Fort
Worth (hereinafter referred to as "CITY" ) . Owner desires to erect
certain temporary or permanent fixtures or improvements (any of
which shall hereinafter be referred to as "IMPROVEMENTS" regardless
of the technical legal designation of same) in, on, over, or
adjacent to the Easement . The Improvements Owner desires to erect
are described as follows:
18 Foot Private Roadway Over the 7 ' x4 ' Box Culvert within the
24 ' Drainage Easement
NOW, THEREFORE, Owner for and in consideration of One and
No/100 Dollar ( $1.00) and other good and valuable consideration does
hereby promise, covenant and agree to the following :
1 . Prior to the commencement of any construction by Owner in, on,
over or adjacent to the Easement, Owner shall submit to the
Director of Transportation and Public Works of the City of Fort
Worth (hereinafter referred to as the "DIRECTOR" ) its plans and
specifications for the foundation of the Improvements. Owner
shall not commence construction until it has received written
notice from the Director indicating that Director has no objec-
tions to said plans and specifications. Owner hereby releases
City from any responsibility or liability related either
directly or indirectly to said plans and specifications.
0 1601
In addition, Owner shall indemnify City in accordance with
Paragraph 4 herein for any responsibility or liability in any
way related to the plans and specifications asserted against
City by any third party.
2. In connection with the construction of the Improvements , Owner
shall maintain all drainage pipes, lines, outlets or other
drainage facilities (hereinafter referred to singly or collec-
tively as the "Facilities" ) within the Easement regardless of
whether such Facilities presently exist or are installed in the
future. Owner ' s maintenance of the Facilities shall be in
compliance with City of Fort Worth standards applicable to the
maintenance of the Facilities. The Director in his sole discre-
tion, shall ultimately determine the adequacy of Owner' s main-
tenance of the Facilities. If the Facilities are not maintained
according to City standards, Owner shall have sixty (60 ) days
to commence and complete all work required to rectify this
deficiency after receipt of written notice from City indicating
the nature of the deficiency( ies) . City shall have the right to
enter the Property and to perform all maintenance work neces-
sary to rectify such deficiency( ies) within the 60 day period,
if such maintenance is necessary in an emergency to protect the
public health, safety or welfare and shall have the right to
enter the Property and to perform all maintenance work neces-
sary to rectify such deficiency( ies) after the expiration of
said 60 day period regardless of the circumstances . The expense
of any maintenance work undertaken by City with respect to the
Facilities shall be charged to Owner. City shall have a lien on
the Property securing said charge, which shall be perfected by
filing in the office of the County Clerk of Tarrant County,
Texas, an affidavit identifying the Property, stating the
amount of said charge, and making reference to this agreement .
3 . Owner shall pay all costs and expenses incurred in connection
with the demolition, protection, relocation, reconstruction,
reinforcement, deterioration or destruction of the Improvements
and shall release City from and hold it harmless therefor, when
such result from or are related in any way to the installa-
tions, repair, replacement, removal or any other alteration of
the Facilities by City. Owner expressly waives any claim for
loss or damage to said Improvements and to any consequential
damages suffered by Owner caused by, resulting from, or in any
way related to said installation, repair, replacement, removal,
or other alteration of the Facilities .Owner shall have the
option to relocate the Facilities in accordance with plans and
specifications which the Director does not find objectionable
to avoid any direct or consequential damage to the Improvements
resulting from or related in any way to the installation, re-
pair, replacement, removal or alteration of the the Facilities
by the City.
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09291-3, 1' 602
4. Owner shall indemnify, hold harmless, release, and defend the
City of Fort Worth and shall also release it from any claims,
damages, costs, expenses, lawsuits, causes of action or other
adverse consequences related or in any way pertaining to,
directly or indirectly, the design, construction, existence or
use of the Improvements or to any maintenance or other obliga-
tion required of Owner hereunder relating in any way to the
Facilities . The foregoing provision shall apply in any event ,
to the acts or omissions of owner or any third party and shall
include but not be limited to, any claims, damages, costs,
expenses, lawsuits, causes of action or other adverse
consequences, as described in said provision, resulting from
the negligence of the City of Fort Worth. In addition, Owner
hereby waives any right to assert claims, damages costs ,
expenses, lawsuits, causes of action or other adverse
consequences against City resulting from or related in any way
to this Agreement .
S . Owner agrees to provide City with a certificate of insurance
indicating that Owner is the beneficiary of a general liability
insurance policy covering all risks related in any way to the
design construction, existence or use of the Improvements, as
well as Owner ' s assumed responsibility related in any way to
the Facilities, or otherwise assumed by Owner hereunder. The
insurance required of Owner shall be in the following amounts:
Property Damage $ 100, 000
Personal Injury or Death, per occurrence $ 300,000
Owner agrees to have the amounts of such insurance revised
upward on on before thirty (30) days after receipt of written
notice from the City requiring such revision.
6 . The failure or inaction by City in enforcing any of its rights
or privileges hereunder shall not constitute a waiver of City' s
ability to subsequently enforce such rights or privileges.
7 . This agreement shall run with the land and shall constitute a
restriction and servitude thereon and shall be binding on Owner
and its successors in interest to the Property or any part of
this Property.
8. The word "OWNER" as used herein shall mean Owner, including its
heirs, successors and assigns, as well as its agents, servants,
employees, representatives, independent contractors and all
others acting on its behalf. The word "CITY" as used herein
shall mean the City of Fort Worth, its agents, servants , em-
ployees, representatives, independent contractors and all
others acting on its behalf.
_3-
09 3 9 1603
9 . Any notices required hereunder shall be effective as of the
date they are deposited in the United States mail, certified
return receipt requested. The notices shall be effective when
addressed as follows, provided the party mailing the notice has
not received written notification of a change in same.
To Owner: Laurel Land of Fort To City: Transportation and
Worth, Inc. Public Works
7100 Crowley Road 1000 Throckmorton
Fort Worth, Texas 76115- Fort Worth, Texas 7616-2
10. Should any portion of this agreement be determined to be
illegal, unconstitutional, or otherwise unenforceable, the
remaining portions of the agreement shall continue to be in
force and effect and shall be construed consistently with the
originally intended purposes of the agreement .
11 . This agreement shall be construed in accordance with the laws
of the State of Texas.
12. This agreement shall apply only to the Improvements described
herein. Any subsequent improvements desired by Owner which
affect the Easement shall be subject to a separate agreement.
13. This agreement may be amended by written amendment executed by
both parties hereto. [This agreement and any subsequent written
amendments shall constitute the entire agreement of the parties
hereto and shall supercede any prior or contemporaneous oral or
written agreements pertaining to the subject matter contained
herein. ]
SIGNED this 1 day of � 19
Laurel Land of Fort Worth, Inc.
By:
CITY OF FORT WORTH
APP V-ED TO F RM AND LEGALITY:
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01 L-rar,"G Llt-a-o nization
4 446 4
S 1 st�d City'At�Eorney
Date"'
de
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0929` 9 16 04
City of Fort Worth, Texas
Mayor and Co l Communication
DATE REFERENCE SURJEM COVENANT A ��AGREEMIENT/`- PAGE
NUMBER
LAUREL LAND I of
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Recommend at i on
It is recommended that the City Manager be authorized to accept and execute a
Covenant and Agreement between the City of Fart Worth and Laurel Land of Fort
Worth, Inc.
Discussion
Laurel Land of Fort Worth, Inc. , owner of San Antonio and Gulf Railroad Company
Survey, Ab 'tact No. 1463, Tracts 1 and 3, proposes to enter into a Covenant and
Agreement ent to cover the maintenance and liability of a 181' private roadway
constructed within a drainage easement over a 71 x 4" box culvert. The
Department of Law and the Department of Transportation and Public Works have
reviewed this agreement as to necessary requirements of the City of Fort. Worth.
in cin
This Covenant and Agreement will be conveyed to the City of Fort Worth for a
consideration of $1.00. Fund's are available in Account No. 90-095104-00, Index
Code 599900.
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,PTY M,414«DER' W POSITIO p BY COUNCIL.: PROCESSED BY
OFFICE BY; d Ivory T,-,T APPROVED
OTHER (DESCRME)
. ,w _ ._....w
cEPARIW NI' HFAM Michael E. Ryles fs PTY FcRETA.RY
CON Michael E. Pyles 8362 PATE.
�i�ia//rOf' W6,o.
DRAINAGE EASEMENT EXHIBIT
A.T. 81 S.F. RAILROAD CO. 100' R.O.W,
37.02_r_ SEE INSET
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INSET
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TRACT 2
CROWLEY ROAD ( FM. HWY. NO. 731) 1201 R.O.W.
EVFRAGE,
C) SMITH,
4 FARRINGTON
&Associates, Inc.
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SCALE I = 100' UM,.429-7580
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0929 1605
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09 9 S 1606