HomeMy WebLinkAboutContract 14654 CITY SECRUARY
CONTRACT NoAx/*�,�,
AGREEMENT REGARDING
DRAINAGE EASEMENT ENCROACHMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
THE CITY OF FORT WORTH, TEXAS ( "City" ) and RIDGMAR TOWN
CENTER and RIDGMAR TOWN SQUARE, both of which are Texas general
partnerships (herein collectively referred to as "Owner" ) , hereby
enter into the following agreement ( "Agreement" ) .
WHEREAS, Owner hereby certifies that it is the owner of cer-
tain real property ( "Property" ) located in the City of Fort
Worth, State of Texas, said Property being legally described as :
Block IR and Lot 1, Block 2R-1 and Lot 3,
Block 4R-1, Ridgmar Meadow Addition, an addi-
tion to the City of Fort Worth, Tarrant
County, as recorded in Vol . 388-178 , Page 68 ,
of the Tarrant County Deed Records;
and
WHEREAS, Owner proposes to construct a series of four access
crossings ( "Improvements" ) over an existing 60 foot drainage
easement, such easement being more particularly described as the
Kings Creek Drainage Easement ( "Easement") as it passes through
the Ridgmar Meadow Addition, as indicated on the location map,
attached hereto as Exhibit "A, " and made a part of this Agree-
ment; and
WHEREAS, City requires that an agreement be made with owner
regarding indemnification, maintenance and liabilities involving
the Improvements which Owner desires to place over , across and
va 83-77 PACE IGG
within said Easement.
NOW, THEREFORE, Owner, acting by and through its general
partner, and City, acting by and through its duly authorized
officers , for and in consideration of the mutual covenants and
conditions contained herein , and other good and valuable con-
sideration, the receipt and sufficiency of which is hereby
acknowledged, hereby agree as follows :
1. Owner, its successors and assigns, hereby agree that the
Improvements to be placed by it over , within and across the
Easement will meet all City standards and policies governing
the design and construction of the same, such facilities to
be constructed according to plans and specifications which
must be approved by the Director of Transportation and Public
Works of the City of Fort Worth. Should repair or replace-
ment of the Improvements be necessary in the future, plans
for such repair or replacement must, likewise, be approved by
City, which approval shall not be unreasonably withheld.
2 . Owner, or its successors or assigns, hereby assume all
responsibility and liability for design, construction, repair
and replacement of Improvements to be placed over , within and
across said Easement. Owner, or its successors or assigns ,
also hereby relieve City, its officers , agents and employees ,
of the responsibility and liability for any inadequacies of
all designs , plans and specifications relating to the afore-
mentioned Improvements and assume all liability and respon-
sibility for the same . Moreover, the approval by the
Director of Transportation and Public Works of any such
designs, plans and specifications shall not constitute or be
deemed to be an assumption of or a release of the respon-
sibility and liability of Owner, its engineers , employees and
agents, for the accuracy and competency of any designs , plans
or specifications for said Improvements. It is the intent of
the parties that such approval by the Director of
Transportation and Public Works signifies City ' s approval
only of the general design concept of the work to be per-
formed in constructing, repairing or replacing the
Improvements .
3. Owner, or its successors or assigns, hereby assume all liabi-
lity and responsibility for maintenance of the Improvements
to be placed over , across or within the Easement. Further,
Owner , or its successors or assigns , by these presents ,
agree to maintain said Improvements in a safe condition for
use by owners, guests , invitees , employees or tenants of pro-
perty served by the Improvements.
- 2 - VOL 8377 PAGE IG7
4 . In the event that it becomes necessary for City to make
repairs or improvements to, within or around the Easement
which may affect Owner ' s Improvements , Owner , or its suc-
cessors or assigns , shall pay all costs for the demolition ,
protection, relocation and/or rebuilding of the Improvements
if such is reasonably necessary in order to enable City to
make such repairs or improvements .
5 . Owner agrees to, and does hereby indemnify, hold harmless and
defend City, its officers, agents, servants and employees
from and against any and all claims or suits for property
damage or loss and/or personal injury, including death, of
whatsoever kind or character, whether real or asserted,
arising out of or in connection with, directly or indirectly,
the design, construction, use, maintenance, location or
existence of said Improvements and their appurtenances,
whether or not caused, in whole or in part, by alleged negli-
gence of officers, agents, servants, employees , contractors,
subcontractors, licensees or invitees of City; and Owner
hereby assumes all liability and responsibility of City, its
officers, agents, servants and employees for any and all
claims or suits for property damage or loss and/or personal
injury, including death, of whatsoever kind or character,
whether real or asserted, arising out of or in connection
with, directly or indirectly, the design, construction, use,
maintenance, location or existence of said Improvements and
their appurtenances, whether or not caused, in whole or in
part, by alleged negligence of officers , agents , servants,
employees, contractors, subcontractors, licensees or invitees
of City. Owner shall likewise indemnify, hold harmless and
reimburse City for any and all damage or destruction of City
property arising out of or in connection with the acts or
omissions of Owner, its engineers , contractors, subcontrac-
tors, agents, employees, licensees or invitees , or caused in
whole or in part by alleged negligence of officers, agents,
servants, employees, contractors , subcontractors , licensees
or invitees of City. Notwithstanding anything to the
contrary contained herein , Owner shall in no event or cir-
cumstance be required to indemnify, hold harmless or defend
City, its officers , agents , servants or employees from or
against any claims or suits for property (regardless of
ownership) damage or loss and/or personal injury, including
death, of whatsoever kind or character, whether real or
asserted, arising out of or caused solely by the gross negli-
gence or willful, wanton or reckless disregard on the part of
City, its officers, agents, servants, employees, contractors,
subscontractors, licensees or invitees.
6 . In the event that the Improvements are destroyed or damaged
by fire, flood, or any other cause, replacement or
reconstruction of the Improvements shall be the sole respon-
sibility of the Owner, or its successors or assigns, and all
3 - '10L 8377 PAGE IGS
costs for said replacement or reconstruction shall be paid by
Owner, or its successors or assigns. The Improvements shall
be replaced or reconstructed according to designs, plans and
specifications approved by City, which approval shall not be
unreasonably withheld.
7 . Owner agrees to furnish City a certificate of insurance as
proof that it has secured and paid for a policy of liability
insurance covering all risks related to the use and occupancy
of the Improvements over, across and within the Easement .
The amounts of such insurance shall be not less than the
following :
Property damage, per occurrence $ 100 ,000
Personal injury or death, per occurrence $1,000 , 000 ,
with the understanding and agreement by Owner that such
insurance amounts may be revised upward at City ' s option,
upon giving owner written notice stating the reasons for any
such revision, and that Owner covenants and agrees to so
revise such amounts within thirty ( 30 ) days following notice
to Owner of such requirement provided; however, Owner shall
not be required to obtain insurance coverage beyond the
following amounts:
Property damage, per occurrence $ 500, 000
Personal injury or death, per occurrence $10 , 000 , 000 .
Owner agrees , binds and obligates itself , its successors or
assigns to maintain and keep in force such liability
insurance at all times during the term of this Agreement, and
failure to do so will be grounds for termination of this
Agreement by City after notice to Owner , or its successors or
assigns, of an intent to so terminate. A certificate of
insurance as proof of such maintenance shall be submitted
annually to City on the anniversary date of the execution of
this Agreement. Each insurance policy shall provide that it
cannot be cancelled or amended without at least thirty ( 30 )
day' s prior written notice to City.
8 . Owner covenants, agrees and acknowledges that this Agreement
conveys to Owner only a privilege to construct, maintain and
locate the Improvements over, across and within the described
drainage Easement, and is not a conveyance of any right,
title or interest in or to the Easement.
9 . Owner covenants , agrees and acknowledges that City may ter-
minate this Agreement and the privileges granted hereunder
if: (i ) Owner is in default in the performance of any of the
terms, conditions or covenants contained herein to be per-
- 4 - 1OL 83 77 PAGE IG9
formed or observed by owner; ( ii ) City gives written notice
of the existence of any such default, specifying the nature
thereof, to Owner and to the holder (the identity and address
of which to be furnished by owner to city ) of any deed of
trust lien covering the property; and (iii ) such default is
not remedied within ninety ( 90 ) days after written notice
thereof is given . Owner covenants and agrees that, in the
event this Agreement is terminated as herein provided, Owner
shall immediately remove said Improvements from their loca-
tions across the City' s Easement; and shall Owner fail to
remove same, City shall have the right to remove and expel
same, forcibly if necessary, from its location in and across
said Easement, and in such event, City shall incur no liabi-
lity as a result of such removal . owner shall pay all costs
of such removal .
10 . owner and City mutually covenant and agree that City, acting
by and through its duly authorized agents , officers, servants
or employees, shall, at any reasonable time, have the right
to enter upon streets or other roadways within Owner 's
Property for the purpose of examining and inspecting the
Improvements and their appurtenances to determine the
compliance by owner with its obligations hereunder.
11 . This Agreement and the obligations hereunder shall not be
assigned by either party without the prior written consent of
the other party, such consent not to be unreasonably with-
held, and such assignment without such prior written consent
shall be void .
12 . Owner shall operate hereunder as an independent contractor
and not as an officer , agent, servant or employee of City.
Owner shall have exclusive control of and the exclusive right
to control the details of the work and services performed
hereunder, and all persons performing same , and shall be
solely responsible for the acts and omissions of its offi-
cers, agents , servants, employees, contractors and sub-
contractors . The doctrine of respondeat superior shall not
apply as between City and Owner, it officers, agents, ser-
vants, employees and subcontractors , and nothing herein shall
be construed as creating a partnership or joint enterprise
between City and the Owner.
13 . owner agrees to deposit with City, when this Agreement is
executed, a sufficient sum of money to be used to pay the
necessary fees to record this Agreement in its entirety in
the Tarrant County Deed Records. After being so recorded,
the original hereof shall be returned to the City Secretary
of the City of Fort Worth, Texas .
14 . In any action brought by City for the enforcement of the
obligations of Owner, City shall be entitled to recover
interest and reasonable attorneys ' fees .
- 5 - VOL 8377 PACE 1.70
15. Should any cause of action, at law or in equity, arise out of
the terms and conditions of this Agreement, or the perfor-
mance or non-performance thereof , venue for said action shall
lie in Tarrant County, Texas .
16 . The provisions of this Agreement relating to indemnities bet-
ween the parties hereto and their successors and assigns
shall not create any rights in third persons or entities to
the benefits of such indemnities.
17 . This Agreement shall run with the Property and shall be
binding upon City and owner and their respective successors
and assigns, and shall continue in effect so long as
Improvements shall remain over, across and within the
Easement or until expressly released by a written document
executed by owner and City, or their successors or assigns,
or until terminated by the City in accordance with Paragraph
9 hereof. However, it is expressly agreed that in the event
Owner at some future date should sell the Property, and con-
currently therewith assign this Agreement and the obligations
hereunder, all rights, liabilities and obligations under this
Agreement, of whatsoever kind or character , shall be assumed
by owner ' s successors or assigns; and City and Owner, and
their respective successors or assigns , by these presents ,
covenant and agree that following any such assignment by
Owner, Owner shall have no further liabilities or obligations
to City or to third persons in connection with this Agreement
or the Improvements contemplated herein .
18 . This Agreement constitutes the sole and exclusive agreement
and understanding between Owner and City pertaining to the
Easement, Owner ' s Improvements over, within and across said
Easement, and the rights and obligations of City and Owner in
connection with said Improvements.
14
I
DATED THIS (X,,v4_ day of 1985 .
RIDGMAR TOWN CENTER,
a Texas general partnership
B y
Dan McLelafr6, General Partner
RIDGMAR TOWN SQUARE,
a Texas general partnership
e
By:
Dan McLeland, General Partner
6 - V01- 8377 PACT -t7l
CITY OF FORT WORTH, TEXAS
By:
Tit e: emu,'L r— &'r
ATTE : 4 /
w
City
cont? ho Autrization
APPROVi7 "i '4 � LE ALITY:
Data
4sT ity Attorney (cf
VOL 83'77 PACE 1.72
7 _
STATE OF TEXAS §
COUNTY OF TARRANT §
he foregoi instrument was acknowledged before me on the
day of 1985 , by Dan McLeland,
General Partner o Ridgmar Town Center, a Texas general part-
nership on behalf of said general partnership.
Not y Public in and for the , State
of Texas
My commission expires:
STATE OF TEXAS
COUNTY OF TARRANT S
The forego' instrument was acknowledged before me on the
day of 1985, by Dan McLeland,
General Partner o Ridgmar Town Square, a Texas general part-
nership on behalf of said general partnership.
P a
Notary Public in and rv4
for the State
of Texas „k °
Ar'
My commission expires :
STATE OF TEXAS S
COUNTY OF TARRANT §
T t egoing i tr iWnt was ackWowled7ed before me on the
ay o 0 ' /19 85 , by
as of
the City of Fort "V h, Texas .
Not . is in and f the State
My q
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Mayor and Council , car
DAIE REFEREINCE SUBJEV DRAINAGE EASEMENT ENCROACHMENT PA((.E
hdCVAPB— AGREEMENT BETWEEN THE CITY G I
_. �. � .ma.. �... ......... ._ T ..C � o.o.. ........ __... mm_.... ....
AND RIDGMAR TOWN SQUARE
RECD ENGATIGN
It is recommended that the Mayor be authorized to accept and execute the
drainage easement encroaohaent agreement between the City of Fort Worth,
_R149m jown rvCeer, and Rid ,...ar... ..ouare.
BACKGROUND
Ri dRmar Town Center and Rid mar Town Square, owners of Block 1R - Lot 1, Block
2RI Lot 3 and Block 4RI, in the RidRar Meadow Addition propose to construct
four access crossings over an existing EC foot drainage easement (See Exhibit
"A" ) . The construction improvements and maintenance shall be at the expense of
the owners.
FINANCING
There is no cost to the City for these agreements.
GAI-di
Nth W+NAGN R WSPOWTION BY COUN 8L PROCESSED Y
OfTME SY 0 APPROVED
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m Nll A $Ni OTHER (DE kWWWo
DEPARTMENT N°9rD: Gary L. S,anterre cMY SECRETARY
FOR NNDM ODN AL NN FORMA
cop4wl'; N" r Iet ExtR 7908