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Home My WebLink AboutContract 13623 CITY SECRETARY CONTRACT No. COVENANT AND AGREEMENT REGARDINGfLS STORM DRAIN iaa FT. TEX. WHEREAS, Tarrant County, Texas, a body politic and polit- ical subdivision of the State of Texas hereby certifies that said County is the owner of certain real property located in the City of Fort Worth, State of 'Texas, said property being legally described as Lot 1, Block 4R, Tarrant County Convention Center Addition to the City of Fort Worth, Tarrant County, Texas, as described in Volume 338-59, Page 14, Deed Records of Tarrant County, Texas: and, WHEREAS, Tarrant County has acquired the real property des- cribed above subject to certain easements which are shown on the above described plat and which are reserved by City of Fort Worth, Ordinance No. E6317 vacating the block of 13th Street between Commerce and Calhoun Street for the purpose of storm drainage, and Tarrant County intends to erect certain permanent improvements upon the real property described above over all or part of said easement or adjacent thereto, and, WHEREAS, Tarrant County proposes to construct a building over an existing 45-inch monolithic concrete arch pipe storm drain within the easement described above; and, WHEREAS, Tarrant County and the City of Fort Worth, Texas, a home rule municipal corporation, desire to enter into this covenant and agreement concerning the design, construction and maintenance of said storm drain; NOW, THEREFORE, Tarrant County, acting herein by and through its duly authorized County Judge, Mike Moncrief, for and in consideration of the mutual convenants and conditions con- tained herein, 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 its permanent improvements, which it proposes to construct in or ad- jacent to the area of the storm drainage structure and its ease- ments, and not commence any such construction without the ap- proval of said Director of the Department of Transportation and Public Works, but such approval shall not constitute any assump- tion of liability nor any waiver of any of the terms hereof by said Director of the Department Of Transportation and Public Works or the City. Tarrant County further aqrees to assume responsibility for maintenance of the storm drainage facilities proposed to be placed or hence forth placed within the easement to the extent that such costs or maintenance are directly attributable to or necessitated by the presence of such improvements. Further, Tarrant County, its successors and assigns by these presents, agree to maintain said facilities in a manner consistent with accepted engineering standards and the health, safety and wel- fare of the public, it being agreed by the parties that the Director of the Transportation and Public Works Department of the City of Fort Worth, shall have joint authority with the Department of Public Works of Tarrant County for determining whether such maintenance is adequate to safeguard the capacity of such facilities for conveying storm water runoff. Tarrant County further agrees to maintain the storm drain- age facilities as specific(] above to the extent permitted by law and the fiscal limitations of Tarrant County and as required by the foregoing paragraph. Tarrant County or its successors will and hereby agree to, after receipt of written notice from the City, perform the necessary maintenance within a reasonable time, consistent with the law and the fiscal limitations of Tarrant County. It is expressly agreed by the parties hereto that such legal and fiscal limitations shall. apply only during the ownership of the Lot 1, Block 4R, Tarrant County Convention ` ^ Center Addition to the city of Fort Worth, by Tarrant County, and further that any successor or assign of Tarrant County shall not be entitled to any such legal or fiscal limitations on liability and responsibility for such maintenance. if Tarrant County or its aoowenppcs or assigns fail, at any time, to maintain the storm drain as specified above, the City retains the right to perform the oenevuocy maintenance and Tarrant County and its auooeannrn agree to reimburse the City the costs of said mainte- nance, to the extent that said costs are directly attributable to or necessitated by the presence of said improvements. Tarrant County further agrees that in the event that it becomes necessary to repair, replace, or maintain such storm drain facilities under the rights granted above, Tarrant County or its aucoeouoca or assigns shall pay those costs to the extent allowed by fiscal limitations of Tarrant County for the demoli- tion, protection, relocation and/or rebuilding of any of the real property improvements as may be reasonably required in order to enable such repair, replacement or maintenance work. It is expressly understood by the parties hereto that any legal and fiscal limitations on the payment of such costs shall apply only during the ownership of Lot 1 , Block 4R, Tarrant County Conven- tion center Addition to the City of Fort Worth, by Tarrant County, and further that any successor or assign of Tarrant County shall not be entitled to any such legal or fiscal limita- tions no the liability and responsibility for such costs. Tarrant County further agrees to and does hereby indem- nify, hold harmless and defend the City of Fort Worth, Texas, its officers, agents and employees, from and against any and all claims or suits for damage or liability, expense, loss or damage and from and against any and all claims or oopoe* of action of any nature whatsoever, whether real or asserted, for personal injuries (including death) or property damage arising out of or caused by the design, construction or maintenance of any build- ing, improvements or structure of or belonging to Tarrant County, adjacent to or over the above described storm drain, to the extent permitted or required by law. This covenant and agreement shall run with the land and shall be binding upon Tarrant County, and future owners, their successors, heirs or assignees, 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 198�. THE COUNTY OF TARRANT, STATE OF TEXAS By: 04 MIKE MONCRIEF, CQUNTY'JUDGE 6j Accepted and approved this day of ACI 198L CITY OF FORT WORTH, TEXAS 13y: MAYOR ATTEST: 4ity�Secretar BY CITY COUNCIL 1�y")�� Lo. APPROVED AS TO FORM AND LEGALITY: —z-f-Ey 'IaaretFary Da tty Date: wipNONouMP" ' ova I City of Fart Worth, Taxes Mayor and Council Communi'cation —wvN�WmNMNN�-. "I'll, ........... rDATE �r. ww aw�aw�wt an Agreement with PAIGE a Tarrant County, Texas � In aceiot,' ance with th stan arwt City policy, the construction. of a building over a storm drain line requires the execution of a CoveTt&llt and Agreement, by which the warty constructing building din over the line asatmes certain responsibility for the l w a and Idemwwffles the City against lows es to the building. Tarrant County, to as" has signed such a C'wwvenawwt and Agreement,. Recommendation / 7—'Ta W&Ttwm--Pn e that the City Manager be authorized to execute and accept a �N. "Covenant and rwwement Regard,ing Storm Drain" ith Tarrant Coun' ty Texas. D w w CITY MA _�j n"Ice 0 lay. FOR w" tw !�WAw ^r ADCHItOftAL w rolet Kt. 7908 DATE