HomeMy WebLinkAboutContract 18325 COVENANT AND AGREEMENT CIT)J' SECRETARY
STATE OF TEXAS
COUNTY OF TARRANT
MRS. BAIRD' S BAKERIES, INC. , a Texas corporation, located at
7301 South Freeway , Fort worth, Texas 76134 (hereinafter referred
to as "Owner") , represents that it is the Owner of the real
property described as Lot 3-R-1A, Block 5 , Carter Industrial
Park, 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 desires to erect
certain permanent fixtures or improvements (any of which shall
hereinafter be referred to as "Improvements" , regardless of the
technical legal designation of same) in , on or over the Easement .
The Improvements Owner desires to erect are described as follows :
A New Bread Plant . 10
NOW, THEREFORE, Owner *for and in consideration �?() 10,I
No/100 Dollars ($1 . 00 ) and other good and valuable con
does hereby promise, covenant and agree to the following :
1 . Prior to the commencement of any 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 of the Improvements . owner shall not
commence construction until it has received written
notice from the Director indicating that Director has
no objections to said plans and specifications .
2 . In connection with the construction of the
Improvements , Owner shall maintain the existing
underground storm sewer drainage line located in and
under the Easement ( "Facilities") 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 of the deficiency(ies) , or if
such work cannot be completed within the 60-day period,
the work shall be commenced within that time and
thereafter diligently pursued to completion . 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 permitted under
this Agreement with respect to the Facilities shall be
charged to Owner . City shall have a lien on the
Improvements securing said charge, which shall be
perfected by filing the office of the County Clerk of
Tarrant County , Texas , an affidavit identifying the
Improvements , stating the amount of said charge , and
making reference to this Agreement . In lieu of
securing such a lien against the Improvements , Owner
may provide City with a bond or other collateral,,
sufficient , in the City' s sole opinion, to sq eG
charges .
r
3 . Owner shall pay all costs and expenses inc rr"e"'d 1n .
connection with the demolition, protection, relo ,a �; t
reconstruction, reinforcement , d e t e r i o r a 0Al.,m ,,, -o t
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 installations ,
repair, replacement , removal or any other alteration of
the Facilities by City, except as may result from the
City ' s negligence. 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 except as may result from
the City ' s negligence. 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 and shall also release it
from any claims , damages , costs , expenses , lawsuits ,
causes of action or other adverse consequences
(together hereinafter referred to as "Liabilities")
related or in any way pertaining, directly or
indirectly , to any maintenance of the Facilities
required of Owner hereunder . The foregoing provision
shall apply in any event , to the acts or omissions of
Owner or any third party and shall include , but not be
limited to , any Liabilities resulting from the
negligence of the City of Fort Worth, but shall exclude
any Liabilities resulting from the gross negligence or
willful misconduct of City.
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 by in
the following amounts :
Property Damage $100 , 000
Personal Injury or Death,
per occurrence $500 ,000
Owner agrees to have the amounts of such 'i
revised upward to comply with changes in industry
standards for similar coverage 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 Owner and its successors in
interest to the Property or any part of this Property.
In consideration of the covenants and agreements made by
Owner set forth above, the City hereby promises , covenants and
agrees as follows :
1 . The City irrevocably consents to the permanent location
of the Improvements over the Easement , subject to its
approval of the plans and specification's for the
foundation as required above .
2 . City shall take all necessary legal action and execute
and record in the Real Property Records of Tarrant
County , Texas, all necessary instruments to effect its
consent .
3 . In the event owner breaches any of the covenants or
agreements contained herein, the City shall be entitled
to all legal and equitable remedies , except that the
City waives any right to rescind, revoke or void this
Agreement or its consent to the permanent location of
the Improvements over the Easement .
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 .
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 : Mrs . Baird' s Bakeries , Inc .
P.O. Box 937
Fort Worth, Texas 76101
Attention: Allen Baird
To City: City of Fort Worth
Transportation and Public Works Department
1000 Throckmorton
Fort Worth, Texas 76102
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 .
This Agreement shall be construed in accordance with the
laws of the State of Texas .
This Agreement shall apply only to the Improvements
described herein . Any subsequent improvements desired by owner
which will be constructed in, on or over any other part of the
Easement shall be subject to a separate agreement .
This Agreement may be amended only by written amendment
executed by both parties hereto . This Agreement and any
subsequent written amendments shall constitute the entire
agreement of the parties hereto and shall supersede any prior or
contemporaneous oral or written agreements pertaining to the
subject matter contained herein .
.. ...
SIGNED this � .4may of 9 .
MRS. BAIRD' S BAKERIES, INC. ,
a Texas corporation
By
Name
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Title' � .a
CITY OF FORT WORTH
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Name:
Title : 4 o _mg'
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APPROVED AS TO FORM AND LEGALITY :
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Assistant City Attorney
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relocate the Facilities in accordanc e 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 and shall also release it from any
claims , damages , costs , expenses, lawsuits , causes of action
or other adverse consequences (together hereinafter referred
to as "Liabilities") related or in any way pertaining,
directly or indirectly, to any maintenance of the Facilities
required of owner hereunder. The foregoing provision shall
apply in any event , to the acts or omissions of owner or any
third party and shall include, but not be limited to, any
Liabilities resulting from the negligence of the City of
Fort Worth, but shall exclude any liabilities resulting from
the gross negligence or willfull misconduct of City.
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 $ 500 ,000
Owner agrees to have the amounts of such insurance revised
upward to comply with changes in industry standards for
similar coverage 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
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 Agen t.s* ,
servants , employees , representatives , in,,j endent
contractors and all others acting on its behalf. The, 'word
ATTEST:
41
City Secretary
Fort Worth, Texas
Contract t th at a
Date
n"
TO Mr . Ramon Gua jardo � °a��� Febr," ry 15 , 1 91 N
Assistant City Manager '
FROM Theodore P . Gorski , Jr .
Department of Law w
Mrs . Baird' s Bakeries , Inc .
Covenant and Agreement
Duplicate originals for the construction over a city ease-
ment are attached for execution. Your authority to execute on
behalf of the city was granted in M&C L-10358 (copy enclosed) .
Please sign both and forward them to the City Secretary .
By copy of this letter I am notifying the City Secretary of
my request for you to sign the agreement and asking her to return
one fully executed original to me so I can forward it to the
owner.
TPG:ps
Attachments
cc : Ruth Howard , City Secretary
City of Fort Worth, Texas
-Mayor and Council Communication
REFERENCE SUBJECT: PAGE
NUMBER COVENANT AND AGREEMENT/LOT
1-3-91 **L-10358 3-R-1A, BLOCK 5, CARTER INDUSTRIAL -1 of 1 ...
- PARK - MRS, BAIRD'S BAKERIES, INC-
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to exe-
cute a standard Covenant and Agreement covering a portion of Lot 3-R-1A,
Block 5, Carter Industrial Park. This contract allows the property owner,
Mrs. Baird' s Bakeries, Inc., to construct improvements over an existing
City easement.
DISCUSSION:
It is necessary that the City enter into a Covenant and Agreement with
Mrs. Baird's Bakeries, Inc., for the purpose of allowing Baird' s to con-
struct improvements over the existing underground storm sewer drainage line
and to cover the maintenance, responsibilities and liabilities regarding
said line. The Department , of Law and the Department of Transportation and
Public Works have reviewed this agreement and concur with the necessary
requirements.
LAND AGENT:
Aleeta Hackney
MG:c
16baird
APPROVED BY
CITY COUNCIL
1 A N 3 1991
citv secretaxy of the
Cite Of rod Wco)!16 TOMWI
SUBMITTED FOR I Ht
CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY
OFFICE BY: Mike Groomer 6122 L] APPROVED
ORIGINATING OTHER (DESCRIBE)
DEPARTMENT HEAD: Mike Pyles 8363 CITY SECRETARY
FOR ADDITIONAL INFOR
CONTACT; %Ve' Pyles 8363 DATE