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HomeMy WebLinkAboutContract 16535 �. M �C L- 9370 �,yr 3.0 CITY SECRrt- ,TJDV DEEB COVENANT AND AGREEMENT CITY SECRETAft. STATE OF TEXAS COUNTY OF TARRANT I Tarrant County Hospital District, a not for profit governmental organization in Fort Worth, Texas (hereinafter referred to as "OWNER" ) , represents that it is the Owner of the real property described as Lot 1, Block 1 of the John Peter Smith Hospital site, 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 intends to erect cer- tain temporary or permanent fixtures or improvements (any of which shall hereinafter be referred to as IMPROVEMENTS" regard- less of the technical legal designation of same ) ,.in, on, over, or adjacent to the Easement . The Improvements Owner intends to erect are described as follows : A one-story frame building "arcade" connecting on site buildings and constructed at ground elevation . NOW, THEREFORE, Owner for and in consideration of the mutual covenants and agreements contained herein, does hereby promise , covenant and agree to the following : 1 . 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 is not authorized to commence construction until it has received written notice from the Director indicating that Director has no objections to said plans and specifications . Owner hereby releases City from any -responsibility or liability related either directly or indirectly to said plans and specifications . Z . In connection with the construction of the Improvements, Owner shall maintain all drainage pipes, lines, outlets or other drainage facilities within the easement, as well as the easement area itself, (hereinafter referred to singly or collectively as the "Facilities" ) regardless of whether such Facilities presently exist or are installed in the fu- ture . Owner 's maintenance of tie Facilities s'-all btn in compliance with City of Fort Worth standards applicable t3 the maintenance of the Facilities . The director in his sole discretion, shall ultimately determine the adequacy of 1 Owner 's maintenance 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 necessary 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 necessary to rectify such deficiency( ies ) after the expira- tion 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 and paid by the . . Owner . " In the event that the property referred to in this contract is assigned, granted, sold, transferred or conveyed to a person(s ) or non-governmental entity and a charge for maintenance work undertaken by the City is made, the City shall have a lien on the Property securing said charge . This lien shall be perfected by filing in the of- fice of the County Clerk of Tarrant County, Texas, an af- fidavit 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 connect- ion with the demolition, protection, relocation, reconstruc- tion, reinforcement, deterioration or destruction of the im- provements and shall release City from and hold it harmless therefor, when such result from or are related in any way to the installation, 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, repair, replace- ment, removal or alteration of the Facilities by the City. 4 . The Owner shall, to the extent authorized under the constit- ution and laws of the State of Texas, release, defend and hold the City of Fort Worth harmless from liability result- ing from Owner 's acts or omissions related in any way to its use and occupancy of the easement or related to its failure to abide by the terms of this Agreement; provided, however, the Tarrant County Hospital District shall not release, defend or hold the City of Fort Worth harmless from any claims, demands, or causes of action growing out of, inci- dent to, or resulting directly or indirectly from negligence of the City of Fort Worth . Should this agreement be as- signed or transferred to any person(s ) or non-governmental entity said person(s ) or non-governmental entity, in addi- tion to the liability imposed above for its acts or omis- sions shall release, defend, and hold the City of Fort Worth harmless from any claims, demands, or causes of action grow- ing out of incident to, or resulting directly or indirectly from the negligence of the City of Fort Worth . 2 r� r , 5 . 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 Im- provements, as well as Owner ' s assumed responsibility re- lated 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 the above-referenced in- surance revised upward upon at least 30 day written notice from the City requiring such revision. These insurance revisions shall be reasonable and shall in no event exceed $10, 000, 000 (ten million for a combined single occurrence . In the event that the drainage easement referred to in this contract is assigned, granted, sold, transferred or conveyed to a person(s ) or non-governmental entity, the above- referenced limit shall not apply. 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 it heirs, successors and assigns, as well as its agents, servants, employees, representatives, independent contrac- tors and all others acting on its behalf . The word "CITY" as used herein shall mean the City of Fort Worth, its agents, servants, employees, representatives, independent contractors and all others acting on its behalf . 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 :Tarrant County Hospital District City: City of Fort Worth John Peter Smith Hospital Municipal Building 1500 South Main 1000 Throc :morton Fort Worth, Texas 76104 Fort Worth, Tx . 76102 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 . 3 �l . 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 supersede any prior or contem- poraneous oral or written agreements pertaining to the sub- ject matter contained herein . This provision, however, shall not affect or alter any restrictions or agreements placed on any plat pertaining to the Property. � SIGNED this day of , 19� John Peter Smit-h Hosipital By; CITY OF FORT WORT By Assistant City Manag q q FIR W Y. P•� J • �'`� � Z a U 0 Q W < 00 nCC .. 0 zm 56 I 0LnLU � L ° w4N" is and many 5 � Z�-§ } ESQ ll r+dw am Q uj Eco a z zUE`, w a W :i w a c�.. Y V J Q O -1 z Zoo^ > Z F uj W W O Q Q W fY 1 3/�t7 H16RIM CL V o, hCD 2 lL W I win Nd tel/ m J W l i W o;s} . �4 F— I Wti e� 13 eLL W V Q g W Z I ; C ----- - -orc_- v ii Q Q — c!1 co ; U Q I o a to . W i I "•I , 06z w� r` 81 JN3rr of 3 �rrg—: .-ONO AP0 A�-0350700 -- M �, ^ �r-�`....'. ' - _ .. ••.3nN3�d:Sinop .15� ml Q: w«. —f62...........Nl ...f' r .._p.... ..... .. ........ ....iz ...._.. .. s NJ MON M�O 1A N W Li p h W :. cry � a w a baot $� O 7•or,rr.ai's---Cj door C) N 1 NOM Q N rt I ty of Fort Worth, I Mayor -and Council Communication DATE REFERENCE SUBJECT: COVENANT AND AGREEMENT/JOHN PAGE NUMBER 01/19/88 **L-9390 PETER SMITH HOSPITAL SITE, BLOCK 1, , or 1 LOT 1- Recommend at i on Recommendation It is recommended that the City Manager be authorized to accept and execute a Covenant and Agreement between the City of Fort Worth and Tarrant County Hospital District. Discussion Tarrant County Hospital District, owners of Lot 1, Block 1, John Peter Smith Hospital site, proposes to enter into a Covenant Agreement for the construction of an arcade within a drainage easement containing a storm drain pipe and whereby they will accept the responsibility for maintenance of the storm drain and indemnify the City against damages to the improvements. These improvements are included in the community facilities agreement, City Secretary Contract No. 15853. The Department of Law and Transportation and Public Works have reviewed this agreement and approved same as to legality and maintenance requirements of the City of Fort Worth. Financing This Covenant and Agreement will be conveyed to the City of Fort Worth for a consideration of $1 .00. Funds are available in Account No. 90-095104-00, Index Code 699900. DAI :ws SUBMITTED FOR IF1t CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY: David Ivory ❑ APPROVED ORIGINATING f OTHER (DESCRIBE) DEPARTMENT HEAD: Michael E. Pyles jc CITY SECRETARY FOR ADDITIONAL INFORMATION Michael E. Pyles 8362 DATE CONTACT: