The URL can be used to link to this page

Home My WebLink AboutContract 13633 CITY SECRETARY CONTRACT NOA1.6,33 COVENANT AND AGREEMENT REGARDING pp STORM DRAIN MY SECRETARY FL WORTH, TEL Alvin Frieden & Associates, Inc. represented by Warner Baxter, Vice President of Operations, hereby certifies that Alvin & Associates, Tnc. 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 2, Ben Hogan Addition to the City of Fort Worth, Tarrant County, Texas, as described in Volume 388-169, Page 70, Deed Records of Tarrant County, Texas. WHEREAS, Alvin Frieden & Associates, Inc. has acquired the real property described above subject to certain storm drainage easements, and Alvin Frieden & Associates, Inc . intends to erect certain permanent improvements upon the real property described above within a drainage easement; and WHEREAS, Alvin Frieden & Associates, Inc., proposes to construct a building over an existing 66 inch and 78 inch storm drain which traverses the property described above; NOW, THEREFORE, Alvin Frieden & Associates, Inc., acting herein by and through Warner Baxter, for and in consideration of the mutual covenants and conditions contained 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 permanent improvements which submittal Alvin Frieden & Associates, Inc. or its successors or assigns proposes to construct in or adjacent to the area of the storm drain or its associated easements, and not 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 aforedescribed approval by the Director of Transportation and Public Works shall. not constitute any assumption of liability or any waiver of any of the terms hereof by said Director. Alvin Frieden and Associates, Inc. further agrees to assume all responsibility for maintenance of the storm drainage facilities proposed to be placed or henceforth placed within the drainage easement. Further Alvin Frieden and Associates, Inc. or its successors or assigns by these presents, agree to maintain said facilities in a manner consistent with and to the same level of effectiveness that the City maintains like facilities; 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 sole and final authority for judging whether such maintenance is adequate to safeguard the capacity of such facilities for conveying storm water runoff. Alvin Frieden & Associates, Tnc. further agrees to maintain the storm drainage facilities as specified above and as required by the ordinances and policies of the City of Fort Worth. Alvin Frieden & Associates, Inc. or its successors or assigns will and hereby agrees to, within sixty (60) days after receipt of written notice from the City, perform the necessary maintenance. If the Alvin Frieden & Associates, Inc. or its successors or assigns fails, at any time, to maintain the storm drain as specified above, the City retains the right to perform the necessary maintenance and Alvin Frieden & Associates, Inc. and its successors and its assigns agree to reimburse to the City the full reasonable cost of said maintenance. Alvin Frieden & Associates Inc. further agrees that in the event it becomes necessary for the City of Fort Worth to repair or replace the 66-inch and or 78 inch pipe storm drain, Alvin Frieden & Associates, Inc. shall pay all reasonable costs for the rebuilding or construction of any of its real improvements on the property. Alvin Frieden & Associates, Tnc- its successors and assigns hereby expressly waive any claim for damages, destruction or demolition of such structures as reasonably necessary to maintain the storm drain or drainage channel and further agrees to hold the City harmless for any claims for such -2- damage, destruction or demolition, excepting that this indemnification shall not apply to the negligent acts of the City, its employees, officers, and agents. Alvin Frieden & Associates, Inc. further agrees that in the event that it becomes necessary to repair, replace, or maintain the 66 inch or 78 inch pipe storm drain under the rights granted above, Alvin Frieden & Associates, Inc. or its successors or assigns shall pay all reasonable costs 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 Alvin Frieden & Associates, Inc. to repair or replace the 66 inch and/or 78 inch pipe storm drain located on the herein described real property, Alvin Frieden & Associates, Inc. shall at all times have the option to relocate any or all of the 66 inch and/or 78 inch pipe storm drain across said property in a location and according to plans and specifications approved by the Director of Transportation and Public Works. It is the intent of this provision that 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 66 inch and/or 78 inch pipe storm drain which will lie beneath the improvements proposed to be constructed by Alvin Frieden & Associates, Inc. on the property. Alvin Frieden & Associates, Inc. further agrees to and does hereby indemnify, 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 which may be sustained by Alvin Frieden & Associates, Inc. or its customers, employees or invitees to permanent or temporary improvements, to improvements under construction 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, loss -3- 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 injuries (including death) or property damage arising out of or caused 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 Alvin Frieden & Associates, Inc. , its successors and assigns, and shall continue in effect so long as any building or improvements shall remain in, on, over, or within said drainage easements or until expressly released by proper authority of the City of Fort Worth, Texas. DATED THIS _�2j_ day of d 19841f By Warner R. Baxter Vice President of Operations dy -4- 1984.Accepted and approved this day of fl)(�A\ CITY OF FORT WORTH, TEXAS By: Title: ATTEST: By (,7'1'Y C0QT1C1L A4.. ", Y� City,Secretary APPROVED AS TO FORM AND LEGALITY: Og . 157 141�i t y Attorney BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Warner R. Baxter I 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 Alvin Frieden & Associates, Inc. and that he executed the same as the act of said company for the purposes and consideration therein expressed, and in the capacity therein stated. GIVE UNDER MY HAND AND SEAL OF OFFICE, this the day of 1`11 —1 1984. Q A Notary Public in and for Tarrant County, Texas My Commission Expires: 4-/ "- g'l BEFORE ME, the undersigned, a Notary Public in and f9t said County and St te, On this day personally appeared rnjbjatL tcE of THE CITY OF FORT WORT home rule -4nunicipal 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. IVEN UNDER MY HAND AND SEAL OF OFFICE this the --,7 -3qday Of 1984. N��—yPublic in and for Tarrant County, Texas My Commission Expires: S �I S� — -5- City of Fort Worth, Texas 'o Mayor and Council Communication wM DATE w" SUMECT. a GE, NUNI Covennt a ntl Agrec-nn ent with PA 3/13/84 **C-824 Alvin Frieder & Associates, Inc. I In accordance with standard City policy, the construction of a building over a storm drain line requires the execution of a, Covenant and Agreement,, by which the party constructing as building over the line assumes certain responsibility for the line and Idemniffes the City against damages to the building. Alvin Frieden & Associates, Inc. have signed such a Covenant and Agreement. Recommendation It is recomie—nded that the City Manager be authorized to execute and accept as "Covenant and Agreement Regarding Storm Drain" with &1 vin Frielen Associates, Inc. DA T:My wan E CITV IAAOrll*** O"U"MT10H Sy COU1401L, MoctsSro ey O#VVjj Oy a A"*OVrV 01114thAT1144 OT"tot OtPAXYM04T ►4"M Gary L. Santerre FOR AVO(TOOML ax Fo"Iftrol,et Ext. 7908 OATE 002