HomeMy WebLinkAboutContract 13912 COVENANT AND AGREEMENT CITY SECRETAW,
REGARDING CONTRACT No-(_1171L
STORM DRAIN
R. Price Hulsey hereby certifies that he 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
3A, Frisco Addition to the City of Fort Worth, Tarrant County,
Texas, as described in Volume 322-173, Page 11, Deed Records of
Tarrant County, Texas.
WHEREAS, R. Price Hulsey has acquired the real. property
described above subject to certain storm drainage easements, and
R. Price Hulsey intends to erect certain permanent improvements
upon the real property described above within a drainage ease-
ment; and
WHEREAS, R. Price Hulsey proposes to construct a building
over an existing special arched concrete culvert with a 7 ' out-
side radius storm drain which traverses the property described
above,
NOW, THEREFORE, R. Price Hulsey, acting herein and in con-
sideration of the mutual covenants and conditions contained
herein, hereby agrees to submit to the Director of the Depart-
ment of Transportation and Public Works of the City of Fort
Worth for approval., all building foundation plans of permanent
improvements which submittal R. Price Hulsey, has done and which
plans were approved by the City of Fort Worth on May 15, 1984.
Likewise, R. Price Hulsey, or his 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
OFFICIAL RECORD
CiTy SECRETARY
FT. WORTH, TEX.
any waiver of any of the terms hereof by said Director.
R. Price Hulsey 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 R. Price Hulsey or his successors or assigns by these
presents, agree to maintain said facilities in a manner con-
sistent 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 con-
veying storm water runoff.
R. Price Hulsey further agrees to maintain the storm drain-
age facilities as specified above and as required by the
ordinances and policies of the City of Fort Worth. R. Price
Hulsey 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 R. Price Hulsey
or his 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 its successors and its
assigns agree to reimburse to the City the full reasonable cost
of said maintenance.
R. Price Hulsey further agrees that in the event it becomes
necessary for the City of Fort Worth to repair or replace the
special arched concrete culvert with a 7 ' outside radius storm
drain, R. Price Hulsey shall pay all reasonable costs for the
rebuild-
ing or construction of any of its real improvements on the
property. R. Price Hulsey, his 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 damage, destruction or
demolition, excepting that this indemnification shall not apply
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to the negligent acts of the City, its employees, officers, and
agents.
R. Price Hulsey further agrees that in the event that it
becomes necessary to repair, replace, or maintain the special
arched concrete culvert with a 7 ' outside radius storm drain
under the rights granted above, R. Price Hulsey or his
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 R. Price Hulsey to repair or replace the
special arched concrete culvert with a 7 ' outside radius" pipe
storm drain located on the herein described real property, R.
Price Hulsey shall at all times have the option to relocate any
or all of the special arched concrete culvert with a 7' outside
radius 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 R. Price Hulsey 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 special packed
concrete culvert with a 7 ' outside radius pipe storm drain which
will lie beneath the improvements proposed to be constructed by
R. Price Hulsey on the property.
R. Price Hulsey 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 R. Price
Hulsey or his 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 or damage results from any
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structural failure of such storm drain or real property improve-
ments, 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 struc-
ture adjacent to or over the storm drain.
This covenant and agreement shall run with the land and
shall be binding upon R. Price Hulsey, his 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 7 day of 1984.
001-1
By:
Accepted and approved this -Too, day of
1984.
CITY OF FORT WORTH, TEXAS
By
Title:
AflliEST
'PPROVF-D By CITY COU.NCIL
City ecretary tDr ¢ sr
APPROVED- AS TO FORM AND LEGALITY:
City Attorney'
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared
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 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 7 day
of ��,.. r�s 1984.
Notary P blic in and for
Tarrant County, Texas
My Commission Expires:
BEFORE ME, the undersigned, a Notary Public in anq for said
County and State, on this day personally appeared n ,-
of THE CITY OF FORT WORTH, a Texa_
home rule municip 1 cor oration, 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 the day
of 1984.
Notary Public in and for
Tarrant County, Texas
My Commission Expires:
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NOTE:
Rep1at FS-83-195 revises the site to read: Frisco Addition Block 3A, Lot 1
City of Fort Worth, Texas 6�1 4r
F-;O
Mayor and Council Communication
DAU SUBJEM Covenant & Agreement with R. PAGE
NUMBER
8121,184 Price Hulsey, for Lot 1 , Block 3A I I
**C-8539 Frisco Addition of
in accordance wth 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 a building over the line assumes Certain responsibility
for the line and indemnities the City against datnages to the building.
R. Price Hulsey, has signed such a Covenant and Agreement for the subject site.
Recommendation
It is recommended that the Mayor be authorized to execute and accept a
"Covenant and Agreement regarding Storm Drain" for Lot 1 , Block 3A, Frisco
Addition.
APPROVED BY
DAI:xmc CITY COUNCIL
AUG 21 1984
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MAWTTED FOR THE
0 OISPOS�ATM ON BY COUNCW PROCESSED BY
f)MCE Sri; [3 APPROVED,
C TY MANAGER'S
ORIGMATMG C) OTHER (DESCRISE)
DEPARTMENT HEAM Gary 1". Santerre CITY SECRCTAR�
Ana A D M rl ON A L
CON Acr 'NrtaRfffflrolet Ext. 7908 'DATE