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VOL 598?_ m't
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XLINTY E STATE OF TEXAS 0 KNOW ALL MEN BY -.
THESE PRESENTS THAT:
OF TARRANT 0 CITY SECRETARY
CONT'RACT No.—A2M
WHEREAS, Berry Street Realty Company, a Texas Corporation, is the owner
of Lot I-R-1, Block 13, Normandy Place Addition to the City of Fort Worth,
Tarrant County, Texas, as shown at Page 564 of Volume 388-93 of the Plat
Records of Tarrant County, Texas; and
WHEREAS, the said Berry Street Realty Company has requested a building
permit from the City of Fort Worth to erect a permanent building over a legally
existing 66" storm drain located across said Lot I-R-1, Block 13, Normandy
Place Addition; and
WHEREAS, the City of Fort Worth is willing to issue the building permit
as requested only if Berry Street Realty Company agrees to keep the City fully
advised concerning the design, location, and construction of such permanent
building by submitting plans and specifications in advance of such work and
further agrees to comply with any requirements imposed by the City concerning
same and to indemnify the City and its employees from all loss or liijbilit
might occur thereby; OFFICIAL RECOP-0
CITY SECRETARY
NOW, THEREFORE Wo TH,
FT'.LWORTH, TEX.
Berry Street Realty Company, as an inducement to and consideration for
the City of Fort Worth to issue a building permit to erect a permanent building
upon said Lot I-R-1, Block 13, Normandy Place Addition to the City of Fort
Worth, Tarrant County, Texas, also known as 3616 E. Lancaster, Fort Worth,
Tarrant County, Texas, hereby covenants and agrees as follows:
1. Berry Street Realty Company hereby agrees to submit to the City
Engineer of the City of Fort Worth for approval, all building foundation
plans of its permanent improvements, which it proposed to construct in
or adjacent to the area of the storm drainage structure and its easements,
and not commence any such construction without the approval of said City
Engineer, but such approval shall not constitute any assumption of liabil-
ity nor any waiver of any of the terms hereof by said Engineer or the City.
2. Berry Street Realty Company further agrees that in the event it be-
comes necessary for the City of Fort Worth, Texas, to repair or replace
such storm drain, Berry Street Realty Company shall pay all costs for
relocation and/or rebuilding of any of the improvements reasonably required
to enable the City to repair or replace the storm drain,
3. Berry Street Realty Company further covenants and agrees to indemnify,
hold harmless, and defend City, its officers, agents, servants and employ-
ees from and against any and all claims, suits or actions for damages to
property and/or injuries to persons, including death, of whatsoever kind
or character, arising out of or in connection with the construction, mainte-
nance, use, occupancy or location of said permanent or temporary improve-
ments in, upon or adjacent to said storm drainage structure and its easements,
any such damages or injuries to specifically include but not be limited to:
a. Property damage and/or personal injury, including death, to
Berry Street Realty Company, its agents, employees, contractors,
sub-contractors, or invitees;
b. Property damage and/or personal injury, including death, to
any officers, agents, servants, or employees of the City of Fort
Worth;
C. Damage to any and all City property, including damage to
said storm drainage structure, its easements or surrounding soil;
d. Any and all damage to property and/or injury to persons, in-
cluding death, caused by damage to said storm drainage structure,
its easements or surrounding soil;
whether or not caused by the negligence of City, its officers, agents,
employees, contractors or subcontractors.
Berry Street Realty Company shall likewise indemnify and assume
responsibility for any and all injury or damage to City property, whether
arising out of or in connection with any and all acts or omissions of Berry
Street Realty Company, its agents, employees, contractors or subcontractors
or caused by negligence on the part of City, its officers, agents, employees,
contractors or subcontractors.
4. This covenant and agreement shall run with the land and shall be bind-
ing upon Berry Street Realty Company, any future owners or encumbrancers
of said land and upon their successors, heirs, or assigns, and shall continue
in effect so long as said building shall remain over said easements or until
released by proper authority of the City of Fort Worth, Texas
DATED this day of f ein 14 A,Q y 1976.
R. E. Cox, TAO' President
Berry Street Realty Company
2
VOL 5982 P,%'.590
THE STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally
appeared R. E. Cox, Jr. , 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 Berry Street
Realty Company, a corporation, and that he executed the same as the
act of such corporation for the purposes and consideration therein
expressed, and in the capacity therein stated.
GIVEN UNDER MY BAND AND SEAL OF OFFICE this the
day of %q ALL,A A 1976.
Notary Public, Tarrant County, Texas
3
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City of Fort Worth, Texas
s
Mayor and Couned Communi icatio
DATE REFE -E� s r Covenant, and Agreement to Construct P
AGE
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sa z or
.._.._ .�...d_
13, Normandy Place Addition
Berry Sheet Realty Company is the awner of the propeTty located at 3616 E.
Lancaster e, Lot 1-R71, Block 13, Normandy Place, Addition. Construe-
tion is presently under way for an addit°;.ion to tYhte, tux's Department Store
at this location. There is an existing d" storm sewer pipe located within
an easement across t°hte, property. Prior to construction of the addition,
the owners rsp;lattmed the property and the plat indicated the existing
easement across said property. Howvver, there was a mistake made in
pre-
paring - location is incorrect. Plans for
the building addition re prepared based on information
from the pint, s
building permit issued, and construction began for the addition. During
construction of the foundation the error was discovered. Plans were
r^e ized by the owner's architect so, that the structure does not interfere
with nor place weight upon the subject, storm drain pipe. However, the
build'ing cantilevers out from the foundation sr, that the edge of the
building is approximately over the centers .inn of the pipe,.
Since the pipe is of adequate capacity, and there Is no requirement for
surface flow water above the pipe, it was proposed that the building
construction be allowed to contimue pravided that the awners agree to
execute a cavenant and agr csotent to construct the buildiag over the stores.
drain.
Berry Street Realty Company has executed a Covenant and Agreement in which
they have agreed that in the event it becomes necessary for the City to
repair or replace the existing KO .KOM drain, the owner will pay all costs
for the relocation and/or rebuilding of any of their improvements
reasonrib y required to enAble the City to repair or replace the storm
drain.
The owner has further agreed to indemnify, and hold harmless ,and defend the
City of tort Wbrth from and against,any cla°i and/or swti.t,s-fordamage or
liability, expense, loss or damage which may be sustained by them or their
customers, employees, or invitees, to improvements or contents and from and
against any and/or all daises or causes of action of and.. nature whatsoever,
personal injuries or property damage arising out of or caused-by the design
or constriction of the existing :storm drain o,r,, of any building or structure
adjacent to or over the existing storm drain.
'Throe said Covenant and Agreement, which the owner has executed shall run with
the land and be binding upon thee;; owner or any future owners, anA shall con-
tinue in effect as long as said building shall remain over the above men-
tioned easements
DATE REr RENO '�IIB.jErT C veolant and Agreement to Construct PAGE
NUMBER Drainage Ease-
2/23/76
_..., �. ..,.. __._.......M._ ...._m.... i c Ong Over a Storm I7ra - e �. _
13, Normandy Place Addition,
,Recommendation,
dation,
:it is recommended that the City Manager be aut. on ed to accept and record
the Covenant and Agreement from the owner of Lot 1-R-1, Block 13, Normandy
Place Addition, for the purpose of allowing owner to construct a building
over an existing storm, seer pipe as described above.
RNL:ek
.,._. .... ...... . .... m_
SUBMITTED BY; DISPO MON BY COUNCIL: PROCESSED BY
PP
µ. ROVED r.I OTHER (DESCRIBE)
CITY SECRETARY
DAATE ....
CITY MANAGER