HomeMy WebLinkAboutContract 14319 CITY SECREIAh
COVENANT AND AGREEMENT Co Tma
...... REGARDING STORM DRAIN
RIDGMAR TOWN CENTER, a Texas general partnership, represented
I'-y
Dan H. McLeland, Partner, hereby certifies that Ridgmar Town
Center is the owner of certain real property located in the City
of Fort Worth, State of Texas, said property being legally
described in Exhibit "A" attached hereto and made a part hereof.
WHEREAS, Ridgmar Town Center has acquired the real property
described above subject to a certain 48" storm drain presently
located in, on and along said property, and Ridgmar Town Center
intends to erect certain permanent improvements upon the real
property described above within a drainage easement; and
WHEREAS, Ridgmar Town Center proposes to construct a building
over the existing 48-inch storm drain which traverses the pro-
perty described above;
NOW, THEREFORE, Ridgmar Town Center, acting hereby by and
through Dan H. McLeland, Partner, for and in consideration of the
mutual covenants and conditions contained herein, hereby grants
to the City of Fort Worth the easement, right and privilege for
the purpose of having, using, and maintaining the existing
48-inch storm drain for storm water runoff at its present loca-
tion in, on, and along the hereinabove described real property.
Further, Ridgmar Town Center 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 Ridgmar Town Center or its
successors or assigns proposes to construct in or over 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. In this
regard, the City of Fort Worth hereby confirms that said Director
of Department of Transportation and Public Works has approved
those certain plans and specifications dated October 25, 1984,
prepared by O'Brien, O'Brien, Nyfelee, Callaway for the construc-
tion of permanent improvements over a portion of the storm
VM1 8281PvE 728
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drainage easement. Any alterations to the building which are
purely cosmetic or only relate to the interior of the building
will not cngoizo said approval. The nforodenoribod approval by
the Director of Transportation and Public Works shall not consti-
tute any assumption of liability or any waiver of any of the
terms hereof by the City of Fort Worth.
Ridgmar Town Center further agrees to assume all respon-
sibility for maintenance and repair of the storm drainage facili-
ties under and within twenty-five (25) feet of any building
constructed over the storm drainage easement. The City will be
responsible for the maintenance and repair of all other portions
of the drainage easement and agrees to restore same to its origi-
nal condition including, without limitation, restoration of
concrete or asphalt paving and normal landscaping, after making
any such required maintenance or repairs; provided, however, the
City shall not be required to restore structures constructed over
the storm drainage easement or extraordinary landscaping, such as
statues, fountains, lighting fixtures, trees, or fences. Further,
aidgmar Town Center or its successors or assigns by these pre-
sents agree to maintain said facilities in a manner consistent
with and to the same level of effectiveness that the city main-
tains like facilities; it being expressly agreed by the parties
hereto that the Director of the Transportation and Public Works
Department of the city of vnct wbctu shall have aoI* and final
authority, to he exercised in u reasonable manner, for judging
whether such maintenance is adequate to safeguard the capacity of
such facilities for conveying storm water runoff.
8idgmar Town Center 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. Ridgmmr zmvn
Center 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 midgmar Town Center
or its avnoeouozs or assigns fails, at any time, to maintain the
storm drain as specified above, the City retains the right to
perform the onoossory maintenance and midgmar Town Center or its
'
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successors and its assigns agree to reimburse to the city the
full reasonable cost of said maintenance.
Ridgmmc ro*u Center further agrees that, in the event it
becomes necessary for the City of Fort Worth to repair or replace
the 48-inob pipe storm drain, Ridgmac Town Center shall pay all
reasonable costs for the rebuilding or construction of any of its
structures on the pconvzty, midgmac Town Center, its su000anora
and assigns, hereby expressly waive any claim for damages,
destruction, or demolition of such structures as reasonably
oevnsmncy to maintain and repair the storm drain or drainage
obaouol and further agrees to bold the City harmless for any
claims for such damage, destruction, or demolition, excepting
that this indemnification shall not apply to the negligent acts
of the City, its employees, officers, and agents.
midgmmz zmwu Cootnc further agcooa that, in the event that it
becomes necessary to repair, replace, or maintain the 48-inch
pipe storm drain or maintain the drainage obunnmI under the
rights granted above, nidgmar Town Center or its successors or
assigns shall pay all reasonable coots for the demolition, pro-
taction, relocation, and/or rebuilding of any of its structures
as may be reasonably required in order to enable such repair,
replacement, or maintenance work.
Notwithstanding the provisions contained herein regarding the
obligation of nidgumc Town ceotoc to repair or royIano the
48-ioch pipe storm drain located on the herein described real
property, uidgmaz Town Center shall at all times have the option
to relocate at its sole coot and =xP=ono any or all of the
48-incu DiDo storm 8cuiu across said property in n location and
according to plans and specifications approved by the Director of
Transportation and Public wurxa, It is the intent of this provi-
sion tuat' midgmar Town center 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 48-inox pipe storm drain
which will lie beneath the improvements proposed to be
constructed by nidgmac Town Center on the property. In the event
of such a relocation of the 48-iucb pipe storm drain, the City
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agrees to execute, acknowledge, and deliver to aidgmar Town
Center, or its successors or assigns, a release mutually accep-
table and agreed to by both parties, releasing the City's ease-
ment rights to the use of the existing 48-inch pipe storm drain
in exchange for the simultaneous grant by Ridgmnc Town Center or
its successors or assigns of a new easement at such new
location.
sidgmac Town Center further agrees to and does hereby indem-
nify, bold harmless and defend the City of Fort Worth, reuua, 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 Ridgmac Town Center 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 or damage results from any structural failure of
such storm drain or coal property improvements, or from flooding
or rising water, and from and against any and all oln1nw or
causes of action of any outuco whatsoever, whether real or
asserted, for personal injuries (including death) or property
damage arising out of or caused by the design, construction or
location 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 Bidgmar Town Center, its auoonsaocs and assigns,
and shall continue in effect so long as any building or improve-
ments shall remain in, on, over, or within said drainage ease-
ments or until expressly released by proper authority of the City
of Fort Worth, zexao,
DATED this day of , 1985.
azoGnun Towm CumTou
By.
Dan H. McLeland, Partner
-4- 14101 8281PAU 731
ACCEPTED AND APPROVED this day of
1985.
CITY OF FORT WORTH, TEXAS
By:-
� Title: "
By
Mayor
t - - IT -
R
APPROVED BY CITY COUNCIL
A RO d 'AS TO FORM AND LEGALITY: -- YTe
Azvr.CITY ATTORNEY she �
3-14=STS
STALE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the a�s
day of /)q c� , 1985, by DAN H. McLELAND, Partner of
Ridgmar Town Center, a Texas general partnership, on behalf of
said general partnership.
0
Notary P661ic in and Zar r
the State of Texas 1 "a
My commission expires: m" „rf7M
I'm 9 y�
�N, L
STATE OF TEXAS § "k
§ 011y
COUNTY OF TARRANT §
BEFORE the nder ned authority, on th' ersonally
appeared ,
C f THE C TY OF FORT WORTH, a Texas home rule mun al cor-
poration, known to me to be the person and officer whose name is
subscribed to the foregoing instrument, and acknowledged that the
same was the act of the said CITY OF FORT WORTH, and that he exe-
cuted the same for the purposes and consideration therein
expressed, in the capacity therein stated and as the act and deed
of said municipal corporation.
IVEN UNDEf HAND AND SEAL OF OFFICE thi day of
r , . 1985.
D/may
w."
N ary Publ ' in and for
the State olf Texas
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d”117 co/'Mission expires:
roe 8281 PAGE '732
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JWS/bw#44
EXHIBIT "A"
TO
COVENANT AND AGREEMENT
REGARDING STORM DRAIN
EXECUTED BY AND BETWEEN
RIDGMAR TOWN CENTER AND
THE CITY OF FORT WORTH, TEXAS
That real property situated in Fort Worth, Tarrant County,
Texas, described as Lots I and 2, Block Ir One Ridgmar Centre
Addition, an Addition to the City of Fort Worth, Tarrant
County, Texas, according to the plat thereof recorded in
Volume 388-181, Page 79, of the Plat Records of Tarrant
County, Texas.
vOL 8281 PAGI '733
City of Fort Wor'.7% Texas
Mayor and Council Communication
DATE REFERENCE SUBJECT:Covenant and Agreement with PAGE
3/5/85 NUMBER Ridgmar Town Center and the City of Fort I
**C-8885 Worth
Background
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 the building over the line assumes certain responsibilities
for the line and indemnifies the City against damages to the building.
Ridgmar Town Center has signed such a Covenant and Agreement for Lots 1 and 2,
Block 1, in the One Ridgmar Centre Addition.
Recommendation
It is recommended that the Mayor be authorized to execute and accept a "Covenant
and Agreement regarding Storm Drain" for One Ridgmar Centre Addition, Lots I an
2, Block 1.
DAI:jcq
SUBMITTED FOR THr
CITY MANAGER DISPOSITION BY COUNCIL: PROCESSED BY
OFFICE BY: 0 APPROVED
ORIGINATING 0 OTHER (DESCRIBE)
DEPARTMENT HEAD: Gary L. Santerrp CITY SECRETARt
FOR ADDITIONAL INFOR V'Vrolet Ext. 708
CONTACT: DATE