HomeMy WebLinkAboutContract 17046 BEF HOLDING CO. , INC.
COVENANT AND AGREEMENT
STATE OF TEXAS § CT
COUNTY OF TARRANT § camTR
BEF Holding Co. , Inc. , a Delaware corporation, located or
residing at 1100 North Market Street, Suite 780, Wilmington,
Delaware 19801 (hereinafter referred to as "OWNER") , represents
that it is the Owner of the real property described as Block
126R, Fort Worth Old Town, Tarrant County, Texas (hereinafter
referred to as the "PROPERTY") . The drainage easement described
in Exhibit "A"" hereto lies in, on or over the Property,
(hereinafter referred to as the "EASEMENT") and is owned by the
City of Fort Worth (hereinafter referred to as "CITY") . Owner
has erected and will erect in the future certain temporary or
permanent fixtures or improvements (any of which shall
hereinafter be referred to as "IMPROVEMENTS" regardless of the
technical legal designation of same) in, on, over, or adjacent to
the Easement. The Improvements currently existing over the
easement are described as follows:
A building or buildings housing the Owens Country
Sausage plant including a driveway and loading dock and
other related improvements.
NOW, THEREFORE, Owner for and in consideration of One and
No/100 Dollars ($1. 00) and other good and valuable consideration
does hereby promise, covenant and agree to the following:
1. Prior to the commencement of any future construction by
Owner in, on, over or adjacent to the Easement, Owner shall
submit to the Director of Transportation and Public Works of
the City of Fort Worth (hereinafter referred to as the
"DIRECTOR") its plans and specifications for the foundation
OFFICIAL RECORD
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FT. WORN, TEX.
9 69 _ fi �)
of the Improvements. Owner shall not commence construction
until it has received written notice from the Director
indicating that the Director has no objections to said plans
and specifications. Owner hereby releases City from any
responsibility or liability related either directly or
indirectly to said plans and specifications. In addition,
Owner shall indemnify City in accordance with Paragraph 4
herein for any responsibility or liability in any way
related to the plans and specifications asserted against
City by any third party.
2 . In connection with the construction of the Improvements,
Owner shall maintain all drainage pipes, lines, outlets or
other drainage facilities (hereinafter referred to singly or
collectively as the "Facilities") within the Easement
regardless of whether such Facilities presently exist or are
installed in the future. owner' s maintenance of the
Facilities shall be in compliance with City of Fort Worth
standards applicable to the maintenance of the Facilities.
The Director in his sole discretion, shall ultimately
determine the adequacy of Owner' s maintenance of the
Facilities. If the Facilities are not maintained according
to City standards, Owner shall have sixty (60) days to
commence and complete all work required to rectify this
deficiency after receipt of written notice from City
indicating the nature and deficiency(ies) . City shall have
the right to enter the Property and to perform all
maintenance work necessary to rectify such deficiency(ies)
within the 60 day period, if such maintenance is necessary
in an emergency to protect the public health, safety or
welfare and shall have the right to enter the Property and
to perform all maintenance work necessary to rectify such
deficiency(ies) after the expiration of said 60 day period
regardless of the circumstances. The expense of any
maintenance work undertaken by City with respect to the
Facilities shall be charged to owner. City shall have a lien
on the Property securing said charge, which shall be
perfected by filing in the office of the County Clerk of
Tarrant County , Texas , an affidavit identifying the
Property.. stating the amount of said Charge; and making
reference to this agreement.
3 . owner shall pay all costs and expenses incurred in
connection with the demolition, protection, relocation,
reconstruction, reinforcement, deterioration or destruction
of the Improvements and shall release City from and hold it
harmless therefor, when such result from or are related in
any way to the installation, repair, replacement, removal or
any other alteration of the Facilities by City. City shall
make a reasonable effort to avoid any installation, repair,
replacement, removal or alteration of the Facilities which
would affect or require the demolition, protection,
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569 5 5
relocation, reconstruction, reinforcement, deterioration or
destruction of the Improvements, provided, however, that if
such reasonable effort shall result in additional expense to
the City, Owner shall pay such additional expense. Owner
expressly waives any claim for loss or damage to said
Improvements and to any consequential damages suffered by
Owner caused by, resulting from, or in any way related to
said installation, repair, replacement, removal, or other
alteration of the Facilities. Owner shall have the option
to relocate the Facilities in accordance with plans and
specifications which the Director does not find
objectionable to avoid any direct or consequential damage to
the Improvements resulting from or related in any way to the
installation, repair, replacement, removal or alteration of
the Facilities by the City.
4 . owner shall indemnify, hold harmless., release, and defend
the City of Fort Worth from any claims, damages, costs,
expenses, lawsuits, causes of action or other adverse
consequences related or in any way pertaining to, directly
or indirectly, the design, construction, existence or use of
the Improvements or to any maintenance or other obligation
required of Owner hereunder relating in any way to the
Facilities. In addition, Owner hereby waives any right to
assert claims, damages, costs, expenses, lawsuits, causes of
action or other adverse consequences against city resulting
from or related in any way to this Agreement.
5. Owner agrees to provide City with a certificate of insurance
indicating that owner is the beneficiary of a general
liability insurance policy covering all risks related in any
way to the design, construction, existence or use of the
Improvements, as well as Owner' s assumed responsibility
related in any way to the Facilities, or otherwise assumed
by Owner hereunder. The insurance required of Owner shall
be in the following amounts:
Property Damage $ 100 , 000
Personal Injury or Death, per occurrence $ 300 , 000
Owner agrees to have the amounts of such insurance revised
upward on or before thirty (30) days after receipt of
written notice from the City requiring such revision.
6. The failure or inaction by City in enforcing any of its
rights or privileges hereunder shall not constitute a waiver
of City ' s ability to subsequently enforce such rights or
privileges.
7 . This agreement shall run with the land and shall constitute
a restriction and servitude thereon and shall be binding on
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5 6 9 1 � 5
Owner and its successors in interest to the Property or any
part of this Property.
8. The word "OWNER" as used herein shall mean Owner, including
its heirs, successors and assigns, as well as its agents,
servants , employees , representatives , independent
contractors and all others acting on its behalf. The word
"CITY" as used herein shall mean the City of Fort Worth, its
agents, servants, employees, representatives, independent
contractors and all others acting on its behalf.
9 . Any notices required hereunder shall be effective as of the
date they are deposited in the United States mail , certified
return receipt requested. The notices shall be effective
when addressed as follows, provided the party mailing the
notice has not received written notification of a change in
same.
To Owner: BEF Holding Co. , Inc.
1100 North Market Street
Suite 780
Wilmington, Delaware 19801
Attn: Charles C. Campbell, Jr.
To City: Gary L. Santerre, Director
Department of Transportation/Public Works
1000 Throckmorton Street
Fort Worth, Texas 76102
10 . Should any portion of this agreement be determined to be
illegal , unconstitutional, or otherwise unenforceable, the
remaining portions of the agreement shall continue to be in
force and effect and shall be construed consistently with
the originally intended purposes of the agreement.
11. This agreement shall be construed in accordance with the
laws of the State of Texas.
12 . This agreement shall apply only to the Improvements
described herein. Any subsequent improvements desired by
Owner which affect the Easement shall be subject to a
separate agreement.
13 . This agreement and any subsequent written amendments shall
constitute the entire agreement of the parties hereto and
shall supercede any prior or contemporaneous oral or written
agreements pertaining to the subject matter contained
herein.
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STGNED; this F " day of F;:,.t' 19 6
—�
BEF HOLDING ,'CO I NC
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CITY OF FORT WORTH
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By:
City Secretary assistant Cit T 7Maner
APPROVED AS TO FORM AND LEGALITY: atriact ho z l
David Yett Y' Date
Assistant City Ai orney
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569
Ac "'CERTIFICATE OF INSURANCE (ACORD 25 - ORANGE )
'HIS CERTIFICATE IS ISS" D AS A MATTER OF INFORMAT,.O, ONLY AND CONFERS NO
RIGHTS UPON THE CERTIFI ATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND
OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
NAME AND ADDRESS OF AGENCY: COMPANIES AFFORDING COVERAGES :
THE WISEMAN AGENCY , INC .
451 SECOND AVE. COMPANY A : CONT:14F,,NTAL INSURANCE? CO
GALLIPOLIS ,
ovi 45631 COMPANY B :
COMPANY C :
NAME AND ADDRESS OF INSURED :
OWENS C'OLINTRY SAUSAGE 'INC . COMPANY D :
1403 EAST LOOKOUT DRIVE
P . 0 . BOX 249 COMPANY E :
R I CHAR 0S30 N , TX
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO
THE INSURED NAMED ABOVE AND ARE IN FORCE AT THIS TIME. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT
TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED
BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TERMS EXCLUSIONS AND
CONDITIONS OF SUCH POLICIES .
LIMITS OF LIABILITY
Comp IN THOUSANDS (000)
LETTER TYPE OF INSURANCE POLICY NUMBER EACH OCCUR./AGGREGATE
EFFECTIVE/EXPIRATION DATE
A GENERAL LIABILITY CBP999181 (.*')
X COMPREHENSIVE FORM 07/01/88 TO 07/01/89
X PREMISES-OPERATIONS BODILY INJURY
X UNDERGROUND EXPLOSION
AND COLLAPSE HAZARD PROPERTY DAMAGE
X PRODUCTS/COMPLETE OPERATIONS BI & PD COMBINED 1000 5000
X CONTRACTUAL
X PRO-All, FORM PROPERTY
DAMAGE
X INDEP. CONTRACTORS
X PERSONAL INJURY PERSONAL INJURY 1000
A AUTOMOBILE LIABILITY CBP9991816
X ANY AUTO O., /0 L,/ll-3 8 TO 07/01/R 9 BI
(EACH PERSON )
OWNED AUTOS(PRIV . PASS )
BI
OWNED AL)TOS ( NON-PRIV . PASS ) ( EACH ACCIDENT )
HIRED
PROPERTY DAMAGE
0956 " 59
T
A 0 R I I C;1,RT IF' 1.C.A TF 0 F N C E - I'A G E 2
4wo LIMITS OF LIABILITY
COMP IN THOUSANDS (000 )
LETTER TYPE OF INSURANCE POLICY NUMBER EACH OCCUR. /AGGREGATE
EFFECTIVE/EXPIRATION DATE
AUTOMOBILE LIABILITY (CONT )
NON-OWNED AUTOS
BI & PD COMBINED 1000
GARAGE LIABILITY
EXCESS LIABILITY Cj_X999181 '.;7
X UMBRELLA FORM 07/01/88 TO 07/01/89
BI & PD COMBINED 50000 ` 000(:)
OTHER THAN UMBRELLA
FORM
WORKERS' 'C'OMPIENSATION ASTATUTORYA
AND 7OW999 J."78 I
EMPLOYERS' LIABILITY 07/01/88 TO 07/01/89 EACH ACCIDENT : 500
DISEASE POLICY LIMIT : 500
DISEASE EACH EMPLOYEE: 1500
OTHER CBP999181C)
07/01 /88 TO O'//01/89
MOTOR TRUCK
CARGO 75
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES :
Additional Insured - (Broad Form Vendors)
CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR
TO MAIL 10 DAYS WRITTEN NOTICE TO THE BELOW NAMED CERTIFICATE
HOLDER , BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO
OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY .
NAME AND ADDRESS OF CERTIFICATE HOLDER :
City of Fort Worth 4 DATE ISSUED: 06/02/87
Fort Worth, Texas
------------------------------
AUTHORIZED SIGNATURE
9569 Q
Or,
i EXkiIgIT A
BEING a tract of land in the City of Fort Worth, Tarrant County,
Texas , said tract being known as Elm Street to 60 ' right-of-way )
as situated between Blocks 126 and 129 of the Original Town of
Fort Worth, Tarrant County , Texas , and being more particularly
described as follows :
BEGINNING at the point of intersection of the southerly corner of
said Block 129 with the northerly line of East Ninth Street to
60 ' right-of-way )
THENCE South 59 deg . 59 min. 41 sec . West along the northerly
line of said East Ninth Street, 60 . 0 feet to the point of
intersection of the northerly line of said East Ninth Street with
the Northeasterly line of said Block 126 ;
THENCE North 29 deg . 59 min. 44 sec . West along the Northeasterly
lime of said Block 126 , 249 . 24 feet to a .point for corner; said
point being 13 . 0 feet southeasterly at a right angle from the
centerline of the North bound main line of Chicago , Rock Island
and Pacific Railroad Company;
THENCE North 32 deg . 50 min . 21 sec . East along a line which is
13 . 0 feet southeasterly at a right angle and parallel with said
track 23 . 67 feet to a point for corner;
THENCE North 60 deg . 00 min. 21 sec . East 13 . 52 feet to a point
for cot-tier ;
THENCE South 57 deg . 11 min. 43 sec . East , 33 . 73 feet to a 1/2"
iron rod found for the centerline of former Eighth Street ;
THENCE North 60 deg . 00 min. 19 sec . East along the centerline of
said former Eighth Street , 10 . 00 feet to a point for corner, said
point being on the southwesterly line of said Block 129 ;
THENCE South 29 deg . 59 min . 44 sec . East along the southwest
line of said Block 129 , 230 . 04 feet to the POINT OF BEGINNING and
CONTAINING 14 , 957 square feet of land .
' U H
D189062474,
CITY OE FT WORTH
1000 THR'OCKMORTON
FT WORTH, TX 76102
_W A R N I N G THIS IS PART OF THE OFFTCTAL RECORD--D 0 N 0 T D E S T R O Y
F I L E D -- T" A R R A N °T C 0 i..,) N T Y T E° X A S
S U Z A N N E" H E N D E R S 0 N _- COUNTY CLERK
0 F F I C;: I A L,. R E C E I P T
T 0: CITY OF FT WORTH
RECEIPT NO REGISTER PRINTED DATE TIME
189152179 RF'C94 04/19/89 10:55
INSTRUMENT FEEC D AMOUNT FILED TIME
1 D 1,Ca90624 7 4 WD 17. 00 00 890419 10.55 CK
T O T A L DOCUMENTS: 01 F E E S : 17. 00
E Y„
ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR OR RACE
IS INVALID AND UNF ORCEABL.wE: UNDER FEDERAL LAW
09569 K63
City s Fort Wor Taxes
III
Mayor , u i i Communicatioll
0404/89 C-1155, n
NUMBER NEd= HOLDING COMPANY
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RECOMMENDATION'
It is recommended that the City Manager be authori zed to accept an agreement
between the City of Fort North and NEE" Holding Company, Inc. which will allow
for construction of certain Iuruprovements in, over and adjacent to an existing
drainage easement granted 'the unity of Fort Worth.
DISCUSSION:
BEE Holding Company, Inc. owns the property described as Block 1268, Original
Town of Fort Worth, Tarrant County, Texas. The drainage easement described
In this agreement as 'Exhibit "A" lies in, on, or over the property which is
owned by BEE. NIEE has erected and will erect in the future certain temporary
or permanent fixtures or improvements in, on, over, or adjacent to easement.
The iuuuprovements currently existing over the easement are described as: A
building or buildings housing the Owens Country Sausa plant nludin a
Country
driveway and "loading dock and other re`14,0d Improveuuient
EF has agreed to indemnify the City and to provide an annual certificate of
insurance as a part of the agreement.
FINANCING:
This covenant and agreement will be conveyed to the City of Fort Worth for a
consideration of $1.00. Funds are available in Account No. 90-136101-00,0 New
Development, Index Code 699900.
NAND AGENT;
Jerry Chalker
DAI t/6
APPROVED y
CITY COIJIN(C"11.,
APR i
Oft a (" ' ,,
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SUSWIED F,OR ht
r,ATY k. .... �.......,. . _ . lr ._..........._...m.................. . .._.. APPROVED
"e tlW1WATMG 6 : OTHER ( E MS )
DEPARTMENT HEAM 0TY SECRETARY
ON TA 'DATE