HomeMy WebLinkAboutContract 13625 CITY SECRETARY
CONTRACT Nc �y
COVENANT AND AGREEMENT
REGARDING
STORM DRAIN 2000 355746 06/07,184
Vickery Creek Joint Venture (VCJV) represented by G.A.
Ratliff, Trustee, hereby certifies that VCJV is the owner of
certain real property located in the City of Fort Worth, State
of Texas, said property being legally described as Lot 1R, Block
9, Factory Place Addition to the City of Fort Worth, Tarrant
County, Texas, as described in Volume 7219, Page 1758, Deed
Records of Tarrant County, Texas.
WHEREAS, Vickery Creek Joint Venture has acquired the real
property described above subject to certain storm drainage and
floodway easements, and Vickery Creek Joint Venture intends to
erect certain permanent improvements upon the real property
described above 'within a floodway easement; and
WHEREAS, Vickery Creek Joint Venture proposes to construct
a building over an existing 30-inch storm drain and over an
existing drainage channel both of which traverse the property
described above;
NOW, THEREFORE, Vickery Creek Joint Venture, acting herein
by and through G.A. Ratliff, Trustee, for and in consideration
of the mutual covenants and conditions contained herein, hereby
agrees to submit to the Director of the Department of Transpor-
tation and Public Works of the City of Fort Worth for approval,
all building foundation plans of permanent improvements which
submittal VCJV has done and which plans were approved by the
City of Fort Worth on October 4, 1982. Likewise, VCJV agrees to
submit to said Director for approval all building foundation
plans of permanent improvements other than or in addition to
those approved on October 4, 1982, which VCJV or its successors
or assigns proposes to construct in or adjacent to the area of
the storm drain or the drainage channel and the associated
Address of Grantee:
REAL PROPERTY DIVISION -1- V L 17852 ?4rf 219
CITY OF FORD WORTH
FOR12 76102
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easements, and not to commence any such construction without the
approval of said Director of the Department of Transportation
and Public Works. Any alterations to the building which are
purely cosmetic or only relate to the interior of the building
will not require said approval. The a±oredencribeu approval by
the Director of Transportation and Public works shall not cons-
titute any assumption of liability or any waiver of any of the
terms hereof by said Director.
Vickery Creek Joint Venture further agrees to assume all
responsibility for maintenance of the storm drainage facilities
and drainage channel proposed to be placed or henceforth placed
within the flooUway easement. Further Vickery Creek Joint ven-
ture or its successors or assigns by these presents, agree to
maintain said facilities in ^ manner consistent with and to the
same level of effectiveness that the city maintains like facili-
ties ; it being expressly agreed by the parties hereto that the
Director of the Transportation and public Works Department of
the city of Fort Worth shall have oozo and final authority for
judging whether such maintenance is adequate to safeguard the
capacity of such facilities for conveying storm water runoff.
Vickery Creek Joint Venture further agrees to maintain the
storm drainage facilities as specified above and as required by
the ordinances and policies of the city of port woctb, Vickery '
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Creek Joint Venture or its successors or assigns will and hereby
agrees to, within sixty (68) days after receipt of written |
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notice from the city, perform the necessary maintenance. If the /
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Vickery Creek Joint venture or its successors or assigns fails,
at any time, to maintain the storm drain as specified ouo,r, the
City retains the right to perform the necessary maintenance and
Vickery Creek Joint Venture and its successors and its assigns
agree to reimburse to the City the full reasonable cost of said /
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oszntnnmnoo.
Vickery Creek Joint Venture further agrees that in the |
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event it becomes necessary for the city of Fort Worth to repair
or replace the 30-iocu pipe storm drain, Vickery Creek Joint
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. Venture shall pay all reasonable costs for the rebuilding or
construction of any of its real improvements on the po,Docty,
Vickery Creek Joint Venture, its successors and assigns hereby
expressly waive any claim for damages, destruction or demolition
of such structures on reasonably necessary to maintain the storm
drain or drainage channel and further agrees to hold the city
harmless for any claims for such damage, destruction or demoli-
tion, excepting that this indemnification shall not apply to the
negligent ants of the city, its employees, officers, and agents.
Vickery Creek Joint Venture further agrees that in the
event that it boc*non necessary to repair, replace, or maintain
the 30-incb pipe storm drain or maintain the drainage channel
under the rights granted above, Vickery Creek Joint Venture or
its successors or assigns shall gay all reasonable coats for the
demolition, 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.
Notwithstanding the provisions contained herein regarding
the obligation of Vickery Creek Joint Venture to repair or
replace the 30" pipe storm drain located on the herein described
zeal property, Vickery Creek Joint Venture shall at all times
have the option to relocate any or all of the 30" Dip* storm
drain across said property in a location and according to plans
and specifications approved by the Director of Transportation
and Public Works, and to route such new 30" pipe storm drain
into the existing drainage channel. It is the intent of this
provision that Vickery creek Joint Venture have this option in
order to avoid the expense which it might otherwise incur by
being required to repair or replace that portion of the JO" pipe
storm drain which will lie beneath the improvements prnynno8 to
be constructed by Vickery Creek Joint Venture on the property.
Vickery creek Joint Venture further agrees to and does
hereby indemnify, hold harmless and defend the city of Fort
Worth, zrvns, its officers, agents and employees, from and
against any and all claims or suits for damage or liability,
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expense, loss or Uumugo which may be sustained by Vickery Creek
Joint venture or its customers, employees or invitees to pecmnn-
ent or temporary improvements, to improvements under construc-
tion or to contents during all such time said improvements or
contents of same are located over or adjacent to such storm
drain, whether or not such liability, expense, lnaa or damage
results from any structural failure of such storm drain or real
property improvements, or from flooding or rising water, and
from and against any and all claims or causes of action of any
nature whatsoever, whether real or asserted, for personal injur-
ies ( including ueotx) or property damage arising out of or caus-
ed by the design or construction of the storm drain or of any
building or structure adjacent to or over the storm drain.
This covenant and agreement shall run with the land and
shall be binding upon Vickery Creek Joint venture, its succes-
sors and assigns, and shall continue in effect so long as any
building or improvements nxvlI remain in, on, over, or within
said f]oodvmy easements or until expressly released by proper
authority of the City of Fort Worth, Texas.
onrom THIS _/�S.~.__ day of , 19 82.
vzCuERx Cn8Cu JOINT VomzDo2
By,
G.A. Ratliff, Trustee
' VUL 7852 PAU 222
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Icpfited and approved this ��� day of
CITY OF FORT WORTH, TEXAS
By: °
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Title: ..
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i'`ATt, /
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t I'i'Y U l k L"d°u
City Secretary
t „�°y
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APPROVED AS TO FORM AND LEGALITY ea
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ity Atto y
BEFORE ME, the undersigned, a Notary Public in and fqq s i
Cott' and State, on this day personally appeared
W "tl "L , known to me to be the person and of f icer w e
name is subscribed to the foregoing instrument and acknowledged
to me that the same was the act of the said Vickery Creek Joint
Venture and that he executed the same as the act of such part-
nership 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 c_° i- � 1982.
oez . � ...
Notary Public in an far
Tarrant County, Tex s
My Corp /"lion Expires:
' BEFORE ME, the undersigned, a Notary Public in and for said
County and St Ate, on this day personally appeared lUO �k
of THE CITY OF FORT WORTH, a T as
home rul municipal corporation, 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 CITY OF FORT WORTH, and that 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 thez490 day
of _ 198 .
N tart' Public in and for,"
Tarrant County, Texas
My Commission Expires:
von 17852 ?4E 223
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GOW,i"f-Y QP TARRAN'T
STATE OF TEXAS
I hereby certify that this instrument was FILED on
data anal at the time stampod hereon by me and was ddV,
Rt,UORULD in the Vof nio and Fade of the(Tamed Records,
of Tarrant County,Was, as stamped hereon py me.
JUN 1984
io aan COUNTY CLERK
TARRANT CUUNTY,TEXAS,.
City U Fort Worth, Texas U 'I w 14LU-,T 6LWL,,,
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IL ayor and Council Communication
DATE RSFfRENCM SUWECT: Covenant and Agreement with PARE
NUMOM
tl)A µ ] Vi Vickery 'reek Joint Venture s
In accordance with standard City policy, t1a a nstruction of a building over R
srorm drain line! requires the execution of a Covenant and Agreement, by whiri'a
the party cons t.raa ct ing a building ov,er the line assumes certain responsibility
for the Jive and idemni iiCs the City against damages e to the building.
Vickery Creak Joint Venture have signed such a Covenant and ra anent.
Reccxnmendation
It is recommended that the City Manager be authorized to xecute and accept a
Cove ant and Agreement Regarding Storm Drain" with Vickery Cra , .Joint Venture.
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s a T"4 a�swO tC sir Ca t C� e R w By
Rte C3 AMRDVMD
ORIGINATING 0 OTHER(DESCRI ME?
DEAARTMENT HEAD Gary L. Santerre CITY SECRETARY
FOR ADVITIONAL MF£1RIAATI
COMM ACT r Dr,olet Ex t. 7908 DATE