HomeMy WebLinkAboutContract 6699 COnNUNITY FACILITIES AGREEMENT CITY SECRE'TA1,",Y/)
C01',�TRACT, No-l-L,'
STATE OF TEXAS
COUNTY OF TARRANT
WHEREAS, The First Pentecostal Church of Fort Worth , Inc. of
Tarrant County, Texas , hereinafter called "Developer", desires to make certain improve-
ments to Block 1 , Campus Park Addition to the City of Fort Worth , Texas , and ,
WHEREAS, the said Developer has requested the City of Fort Worth,
a municipal corporation of Tarrant County, Texas , hereinafter called "City" , to do
certain work in connection with said improvements ; NOW, THEREFORE,
KNOW ALL NLN BY THHSr PRFSVTK :
That said Developer the First Pentecostal Church of Fort Worth ,
Inc. acting herein by and through nark D. Hanby its duly authorized President and the
City of Fort Worth, acting herein by and through H. D. McMahan , its duly authorized
City Manager, for and in consideration of the covenants and agreements herein perform-
ed and to be performed , do hereby covenant and agree as follows , to-wit :
WATER AND/OR SANITARY SEWER FACILITIES
A. The City agrees to install by contract or otherwise, in accordance with its
accepted practices, ordinances, regulations, and the provisions of the City
Charter, or to allow the Developer to award a contract, subject to the re-
quirements of the City's Policies and Regulations for Installation of Com-
munity Facilities, for:
WATER FACILITIES to serve the lots as shown on the attached Exhibit B
and SANITARY SEWER FACILITIES to serve the lots as shown on the attached
T_
Exhibit B- all in accordance with plans and specifications to be
prepared by the Engineering Division of the Water Department, or by private
engineers employed by the Developer and approved by the Water Department.
B. The City agrees to install , at Developer's expense, at the time all other
water mains in this addition are installed., a service line for each lot as
shown on the attached Exhibit B . The estimated cost of these service
lines is $ 60.00 -. The City agrees to record the location of each said
service line in respect to the corner of the lot served, and to retain said
records in its possession.
C. The construction cost of the water facilities sized to serve the development
herein concerned, exclusive of service lines and engineering is estimated
to be Twenty Thousand Dollars ($ 20,000
D. The City agrees to install , at Developer's expense, at the time all other
sanitary sewer mains in this addition are installed, a service line for each
lot as shown on the attached Exhibit B-I . The estimated cost of
these service lines is $ 60.00 . The City agrees to record the loca-
tion of each said service line in respect to the corner of the lot served,
and to retain said records in its possession.
E. The cost of the sanitary sewer facilities to be installed hereunder, exclusive
of service lines and engineering, is estimated to be
FnrtY Thousand Dollars Ts 45,666
F. Prior to the award of the construction contract by the City, or- the commencing
of any work by the City or its contractors, if the Developer does not award
his own contract, the Developer agrees to pay to the City:
(1) Eighty (80) per cent of the cost of the water facilities
sized to serve the development herein concerned, and
eighty (80) per cent of the cost of the sanitary sewer
facilities to be constructed hereunder, both costs being
exclusive of engineering and cost of service lines, as
reflected in an estimate prepared by the Engineering
Division of the Water Department or in the proposal of
the low bidder.
(2) An additional ten (10) per cent of the total of the
Developer's cost of these water and sanitary sewer
facilities, exclusive of cost of service lines, for
design engineering, if such engineering is performed
by the City. This charge will be waived if private
engineers employed by the Developer and approved by
the Water Department perform the design engineering.
I
60200
(3) One Hundred (100) per cent of the cost of all service
lines, estimated under 1-8 and 1 -D above, in accordance
with the provisions of the current Fort Worth City Code.
G. The distribution of estimated construction cost between the City and the
Developer as per paragraph 1-F above, for all water and sanitary sewer
facilities to be constructed hereunder is estimated as follows:
(1 ) Water Facilities:
Estimated
Estimated Developer Total
City Cost Cost Cost
(a) Mains $101 .
$16 $26.
(b) Services ( 1 ei. 1t' ) -0- 60, 60
Sub-Totals, Waterili1.
(2) Sanitary Sewer Facilities:
(a) Mains $ 88100 3170
(b) Services ( 1 Ea. 6".) -0• 60 60
Sub-Totals, Sewer �$ #3$.Q16Q r" .
Grand Totals Q . t
Note: Should the developer elect to let his own contract for any or all of the
facilities described above, the developer specifically agrees to pay the
contractor installing such facilities the full amount shown as due on the
Final Estimate approved for payment by the Director of the Water Depart-
ment within thirty (30) days from the date of such approval .
Should the developer elect to let his own contract for water and/or
sanitary sewer facility construction, PART C - GENERAL CONDITIONS of the
Fort Worth Water Department General Contract Documents and General
Specifications shall be a part of the contract between the developer and
the contractor. Paragraph C-7.9 FAILURE TO COMPLETE ON TIME of said
PART C requires payment by the contractor of liquidated damages for each
calendar day that any work remains uncompleted after the time specified
in the contract documents for completion of the contract. This paragraph
further provides that any liquidated damages so determined to be due will
be deducted from monies due the contractor, and that liquidated damages
so collected from the contractor are payable to the Owner, the City of
Fort Worth. Therefore, in accordance with these requirements, any
liquidated damages determined to be due by the Director of the Water
Department shall be deducted from monies due the contractor for work
completed on the project and either paid to the City of Fort Worth by
the developer coincidental with final payment to the contractor for
the completed project, or credited against the City' s share of the com-
pleted project cost, as appropriate.
*Includes City's eddittronat costfor $10 ft. of 16" In lieu of V mollnp 1820 ft. of
10" In lieu of $" main, one 16" In I t eu of " valve, end two IC" in lieu of all
va1vet, In all an estimated ad4itionmIxit of $6,M0.
Plan's specifications to be furnish
by 4eve i ope r'S engl ne a r, Gordon S. Swiftt P.E.
60200
H. ' Withfn a reasonable time after complet"lon of—Ahe above referenced facilitle''s to
be constructed by the City or by contract awarded by the City, and their accept-
ance by the City Council , the City and Developer agree to an adjustment of the
Developer' s payment as set out in K and 2-G hereinabove, so as to conform
said payment to actual construction costs and actual service costs under the
provisions of the current Fort Worth City Code, (Said adjustment to be calculated
as the payment in 1-F and/or 2-G above) , but based on actual quantities as re-
flected In the final estimate paid to the contractor by the City, and/or in the
event any portion of the facilities are installed by City forces, an the actual
records of cost , kept by Lhe City as a part of its customary procedures. In the
event the difference in the deponit and the actual CONS eMeeds $25 .00, Developer
agrees to pay to the City any underpayment which said adjustnent might Indicate
as being due , and to agrees to refund to Developer any overpayment, said refund
to be made only after all facilities required under, all secytions of this agree-
nmnt have been completed ta the satisfaction of the City.
It is further agreed and understood Lhat any additional payment required of
Developer is to cover only such additional wnrl<, arid/or diweriafs as may be
made necessary by conditions encountered during ccMiArliction, and shall not
Include any change in scope of the project .
Uy
1 . The City aqrees to enact hn ordinance requiring that any person, firm or developer,
desiring-4o connect to the portion of the sanitary SeWEnr'- facillties u) be con-
structed hereunder between the emisting sanitary sewer and Block A of Campus Park
Addition pay to the City as connection charge of One Hundred Twenty-eight Dollars
($128.00) per acre of property served by such connection. The City agrees upon
receipt of any connection charge or charges as stated above to pay same to
Developer, his heir or assigns within a reasonable Lime after completion of t.p'4e
installation for which such charges are made, except that under no circumstances
shall any such payment be made by the City after teiru (10) ye�,.irs fra:)m tlpiu,�. date
hereof , and further except that any such payments shall he payable by the City
to one party, regardless of the number of heirs , assigns, or claimants. 7he City
agrees to make all reasonable effort to determine the proper recipients of any,
such payments, but shall not be held liable in the! event Mrs cm- ass ! Mn clair'l
that any such payment is made to the wrong party,
It Is understood and agreed by the parties that the amount which the City All
refund under the terms oF this Paragraph I shall not exceed Twenty-nine Thousand
Four Hundred Forty Dollars ($29,440.00) ; and further that any such refund paymeM,;
by the City to the developer under orms of this contract shall be made only
from charges collected by the City for connections to the sanitary sewer approach
main to be constructed under this contract .
RECOMMENDED:
t a
_r r e"' Ir W e r
Date
BIACK, A, CAMPUS PARK ADDIT' ION 1 -3
STORM DRAINAGE AND STREET I11PROVEMENTS
A. STORM DRAINAGE IMPROVEMENTS:
1. The Developer agrees to execute a maintenance agreement for the portion of the
drainage ditch outlined on the Exhibit "A," which crosses the southwestern portion
of Block 1, Campus Park Addition, and in accordance with standard policy.
B. STREET UIPROVEMENTS:
1. The Developer hereby agrees and binds itself to:
a. Be responsible for grading the parkway between the curb line and the
property line to the proper elevation and to construct at its own
expense sidewalk along the frontage adjacent to Cai.-tpus Drive to the line
and grade set by the City Engineer.
Estimated Cost = $1,800.00
b. Be responsible that no construction will begin on the sidewalks within
the limits included herein, and as shoc,m on the attached L-hibit "A,"
prior to installation of all underground utilities, including service
lines.
RECO11ENDED:
JACK M. GRAHAM, P.E. , PUBLIC WORKS DIRECTOR
Based on Policy
BLOCK I Effective as of
CAMPUS PARK ADDITION October 23, 1970
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N street lights will be required', in this oon ra .
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IV.
GE14ERAL REQUIREMENTS
A. It is agreed and understood by the parties hereto that the developer shall employ
a civil engineer, licensed to practice in the State of Texas, for the design and
preparation of plans and specifications for the construction of all facilities
covered by this contract, subject to paragraph B.
B. For any project estimated to cost less than $6,000, or for any project designed
to serve a single lot or tract, the developer may at his option request the City
to provide the design engineering, and if such request is granted the developer
shall pay to the City an amount equal to 10 per cent of the final construction
cost of such project.
C. In the event the developer employs his own engineer to prepare plans and spe(,.,,if,L-
cations for any or all facilities, the plans and specifications so prepared sha1l
be subject to approval by the department having jurisdiction. One (1) reprodu-
cible set of plans with 15 prints and 35 specifications for each facility shall
be furnished the department having jurisdiction. It is agreed and understoo(J
that in the event of any disagreement on the plans and specifications, the
decision of the Public Works Director, Traffic Engineering Director, and/or Water
Department Director will be final.
D. It is further agreed and understood by the parties hereto that upon acceptance by
the City, title to all facilities and improvements mentioned hereinabove shall
be vested at all times in the City of Fort Worth, and developer hereby relin-
quishes any right, title, or interest in and to said facilities or any part
thereof.
E. The life of this contract shall be five (5) years and it is understood that any
obligation on the part of the City to make any refunds hereunder shall cease
upon the expiration of five (5) years from the date of execution of this contract,
except for refunds due from "per connection charges" on sanitary sewers and from
"front foot charges" on water mains, both of which refunds may continue to be made
for a period of ten (10) years after the date hereof, as elsewhere provided herein.
It is understood by and between the parties hereto that any of the facilities or
requirements included herein to be performed by developer not completed within
the five (5) year period, may be completed by the City at the developer's expense,
and the City of Fort Worth shall not be obligated to make any refunds due the
developer on any facility constructed under this agreement until all provisions
of the agreement are fulfilled.
IV - 1
F. Performance bonds, or a cash deposit in lieu of and in like amount of the perfor-
mance bonds, are required for streets, storm drainage and street lights, and must
be submitted prior to the execution of the contract for installation of community
facilities by the City. The bonds shall be standard performance bonds as provided
by a licensed surety company on forms provided by that surety company. A cash
deposit in lieu of the performance bonds may be made in the Treasury of the City
of Fort Worth or in any financial institution in Fort Worth which is insured by
the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance
Corporation. The City of Fort Worth cannot pay interest on any deposit made here-
under in the Treasury of the City of Fort Worth. When the option is exercised to
make the cash deposit in a financial institution, the following terms and
conditions shall apply:
(1) The developer shall execute four copies of a letter assigning the deposit to
the City of Fort Worth and providing for the City to withdraw the deposit if
necessary to complete construction. Such letter of assignment must be
accepted in writing by the financial institution.
(2) Upon satisfactory completion of the facilities for which the deposit is made
as security, the City of Fort Worth shall reassign the deposit to the deve-
loper, including accrued interest or dividends thereon, upon express order
of the City Manager.
(3) Deposits may be made in any Fort Worth financial institution whose accounts
are insured by the Federal Deposit Insurance Corporation or the Federal
Savings & Loan Insurance Corporation.
Bonds or Cash Deposits will be furnished for:
(a) 100 per cent of the estimated developers share of the cost of the
storm drains.
(b) 20 per cent of the estimated developer cost of streets for amounts
between $0 and $25,000 or
$5,000 plus 15 per cent of the estimated developer costs for
amounts between $25,001 and $50,000 or
$8,750 plus 10 per cent of the estimated developer costs for
amounts between $50,001 and $100,000 or
$13,750 plus 5 per cent of the estimated developer costs for
amounts over $100,000.
(c) 100 per cent of the developer's share of the cost of the street
lights as specified in Section 3 of the contract.
(d) A cash payment of the developer's share of the project cost is required
prior to initiation of construction for any facilities for which the
City shall award the contract.
IV - 2
G. This contract , any part hereof, or any interest herein shall not be assigned by
developer without written consent of the City Manager, and it is further agreed
that such written consent will not be granted for the assignment, transfer,
pledge and/or conveyance of any refunds due or to become due to developer except
that such assignment, transfer, pledge and/or conveyance shall be for the full
amount of the total of all such refunds due or to become due hereunder.
H. On all facilities included in this agreement for which the developer awards his
own construction contract , the developer agrees to follow the following proc�:dures:
(1) If the City participates in the cost of the facilities , the construction con-
tract must be awarded after advertising in a local newspaper at least one
time not less than two weeks prior to the date of receipt of sealed bl.,.Ls, as
required by State statutes prescribing regulations for contracts for publ,� c
work. The sealed bids must be opened in the presence of a representative of
the City.
(2) To employ a construction contractor who is approved by the Director of the
department having jurisdiction over the facility to be so constructed, said
contractor to meet City's requirements for being insured, licensed and bonded
to do work in public streets, and to be qualified in all respects to bid on
public projects of a similar nature.
(3) To require the contractor to furnish to the City payment, performance and
maintenance bonds in the name of the City for 100 per cent of the contract
price of the facility , said bonds to be furnished before work is commenced.
To further require the contractor to provide public liability insurance.
(4) To give 48 hours notice to the department having jurisdiction of intent to
commence construction of the facility so that inspection personnel will be
available; and to require the contractor to allow the construction to be
subject to inspection at any and all times by City inspection forces , and
not to install any sanitary sewer, storm drain, or water pipe unless a
responsible City inspector is present and gives his consent to proceed, ana
to make such laboratory tests of materials being used as may be required
by the City.
(5) To secure approval by the Director of the department having jurisdiction of
any and all partial and final payments to the contractor, said approval is
made, in accordance with requirements of this agreement, and is not to
constitute approval of the quantities on which payment is based.
(6) To delay connections of buildings to service lines of sew,,r4and water mains
constructed under this contract until said sewer :,nd water mains and ser,,-.ce
lines have been completed to the satisfaction of the Water Department.
(7) It is expressly understood by and between the developer and the City of Fort
Worth, that in the event the developer elects to award one single construc-
tion contract for all facilities , water and r-�-nitary sewers, storm drainage
and pavement, shall be separated in the bicdiag and City participation, if
any, shall be limited to the lowest possible combination of bids as if each
of the abov were awarded as separate contracts.
IV - 3
I. Anything to the contrary herein notwithstanding, for and in consideration of
the premises and the covenants herein made by the City, the Developer covenants
and agrees as follows:
(1) The Developer shall make separate elections wit`; regard to water and/or
sanitary sewer facilities, storr, drainage and street improvements and
street lights as to whether the work prescribed herein shall be per-
formed by the City, its Contractor, or by the Developer's Contractor.
Each such separate election shall be made in writing and delivered to
City no later than six (6) months prior to the expiration of this
agreement. In the event any of such separate elections has not been
so made and delivered to City by such date, it shall be conclusively
presumed that the Developer has elected that such work be performed
by the City in accordance with all of the terms of this agreement, and
in particular Paragraph IV 17 hereof.
(2) Irrespective of any such election and whether the work is to be per-
formed by the City, its Contractor or by the Peveloper's Contractor,
the leveloper covenants and agrees to deliver to the City a perform-
ance bond or a cash deposit in lieu thereof in accordance with the pro-
visions of Paragraph IV P of this agree7ent.
(3) In addition to the bond or deposit required in the preceding paragraph,
in the event Developer elects that the work be performed by the City,
or its Contractor, or such election is presumed as provided above, the
Developer covenants and agrees to pay to the City his share of the es-
timated construction costs. The amount of such estimated payment shall
be computed as set out in Sections I, II and III hereof, based upon the
lowest responsible bids for such work as determined by City, or upon a
Cost estimate for work to be performed by City forces prepared by the
City, as appropriate, and shall be subject to adjustment to actual costs
upon final completion of the project. Such estimated payment shall be
made promptly upon demand by City, it being contemplated that such
payment will be made after the receipt of bids for the work but in every
case prior to the award of any construction contract , unless otherwise
specifically set out herein.
(4) Developer further covenants and agrees to, and by these presents does
hereby fully indemnify, hold harmless and defend the City, its offi-
cers, agents and employees from all claims, suits or causes of action
of any nature whatsoever, whether real or asserted, brought for or on
account of any injuries or damages to persons or property, including
death, resulting from, or in any way conne-Zed with, this agreement, or
the construction of the improvements or facilities described herein: and
in addition the Developer covenants to indemnify. hold harmless and de-
fend the City, its officers, agents and employees from and against all
claims, suits, or causes of action of any nature �hatsoever brought for,
or on account of any injuries or damages to persons or property, includ-
ing death, resultine from any failure to property safeguard the work or
on account of any act, intentional or otherwise, neglect or misconduct
of the Developer, its Contractors, Subcontractors, agents or employees.
J. The attached Exhibits A. B & B-1 are made a
part hereof for all intents and purposes.
IV
IN TFSTIMONY WIEREOF, the City of Fort Worth has caused this
taistruaient to be executes in quadruplicate in its name and on its behalf by its
City Manager, attested by its City Secretary, with the corporate seal of the
City affixed, and said Developer has executed this instrument in quadruplicate,
at Fort Worth, Tpxas this the
day of
19
CITY OF FORT WORTM, TEXAS
By:
--i'�an, City Secretary H. D. McMahan, City Manager
APPROVED AS TO FoRm AMID LEGALITY- PEVELOPFR:
..007 e0l
of
S. G. Johndroe, Jr. City Attorney i4ark D. Hanby
President
First Pentecostal Church
of Fort Worth, Inc.
IV - 5
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LEGEND
AREA OF DEVELOPMENT
1
EXIST. CONCRETE PAVED STREETS
7177-72 OPEN NATURAL BEAUTIFY CHANNEL
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EXHIBIT mm,,,GORDON S. SWIFT, P.E. ®►fcT 095 -
ANN _C F S.
BLOCK 1 , CAMPUS PARK ADD. %V CONSULTING ENGINEER DATE 10_-8-70
�i SERVICE LIFE CENTIN Illm
FORT WORTH , TEXAS FONT MONTH TEXAS 76102
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16° EXIST. 1620
LSD
PROPOSED WATER LINE
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LEGEND
-- E IST f NG COLLECTOR SE ER
-----P I 0II0 E S l I TAR' SEWER
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City of Fort Worth, Texas
Mayor anti lbouncil Communication
DATE EFIRENCE wm-EM Contract For Tbe Installation Of Me
NUIMBER Community Facilities, � , Campus
11/30/70 C-1877 n 0 -22--
The first Pentecostal Church of Fort Worth, Inc. acting by and through Mark D.
i
Hamby its duly uu , prize President, e developer of to 1Campus Park
Addition, has xecua d a proposed contract for the nuta iunn of commmnity,
facilities to sezve the area shown on the attached maps.
The estimated cost of the ommunic facilities is as xull .'
Devel2ger Total
Sidewalks 1,800 1,800
,z t ry
Sewers 32,060 8,000 0,06
Water � dap
I 20J�7i t
y.Total 49,920 18,000 67,920
Sidewalks, water facilities and sanitary sewets will be installed in accordance
with standard policies for "h installation of community ity facilit ,, Street:
paving nand et Ught nn; are existing for Campus Drive at this location.
The gun ract includes City participation in the cost of sanitary sewer and
water facilities. I n order to provide for the City's aware of the cost of he
ter and sewer facilities, a bond fund transfer is proposed from the appro-
priate unspecified account to the project account.
2uu;l .. etll_? .."o a ti;12 °n a 014i n n c e
The developer has eq ueu that h e City Council enact un standard per connec-
tio
acre of property served, betweem the isti sanitary sewer near the Sycamore
Creek and Block 1, Campus Park Addition, These connection dharges will be
reilbursed to the developer for a period of ten years.
nndun nuunnce ; ent-fou Storm Vain
The maintenance natural drainage ditch across Bloc.,k 1, Campus park Addi-
tion has been covered in uu maintenance agreem n signed buy the developer. "he
ditch fin; relative steep sides in a rocky area where concrete lining is not
needed and the developer ha provided un drainage easement on the recorded plaw,
.,Do aunu .nndun.t 31u uuu
It is recommended:
1) That the following bond fund transfer be approved:
DATE, REFERIENCE SWUECT, Contract, For, The, Installation Of PAGE
NUMBER
C-1877 Community FacilitLes,,, Block 1, (4'ampus
From, To Amount Lurpose
Water711,nspecif ied Water Facilities 11,0()0 chyle Portion
Projects Campus Park Addition of Water
109,15000,901 Blodk 1. Facilities
109-1,5000-407
Sewer,-Unspejcd f ied Sanitary 8,800 Cityls Portion
Projects Facilities, C,Ewqxis of Sewer
109-13000-901 Park, Addition Jracilities
Block 1.
109-13000-539
2) That the maintenance agreement for the storm drain—age :fatd,lities be accepted
and recorded,
3) That the City DLanager be authorized to reimbursa the developer for the City's
share, of the cost of water and sewer facilities,
4) That the City Council adopt 4, a ordinance providing for reimbursement, to the
developer, of the connection charges, to tlie, off-s.,Lte sajaitary, sewer approach
tuain, for a period of ten years-, and
5) That the Gity Manager be authorized to execute the communit,y facilities
contract with Mark 1). Hanby,
momh
Attachment
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LEGEND
AREA OF DEVELOPMENT
EXIST. CONCRETE PAVED STREETS
OPEN NATURAL BEAUTIFY CHANNEL
(t /`
EXHIBIT tt Q t� S. SWIFT, P.E. RYtECr _?o _ ._
"AWN c F" S, ..
BLOCK I , CAMPUS PARK ADD. CONSULTING ENGINEER 0Alt —C).---6 70_
StRVICt Lift CENTER REV.
FORT WORTH , TEXAS FORT NORTR TtlA5 It112 Fitt
TTAlt,173117AN(17 AGPFF11"iT
ME STME OF TEXAS
V,,NOTev ALL BY 111,FIT PRI"I'MMS VIAT:
COUNTY OF TARRANT
VBPREAS, the Pirmt Pentecostal Church of Fort Worth, Inc., a corporation,
is the owner of Block 1, Campus Park Addition, an Addition to the City of Fort
Worth, Tarrant County, Texas; ard,
WREVEAS, the First, Pentecostal Chureb of Fort Worth, Inc. has made and era...
tared. into a Coumunity Facilities Agreement w1th the City of Fort Worth for the
development and Improvemomt of Block 1, Canpus Fork Addition, an Addition to
the City of Fort Worth, such agreement being designated as ('"ontract t4o.
in the office of the City Secretary of the City of Fort Worth; and,
WIMAR, the First Pentecostal Church of Fort Worth, Inc. has prepared and
s0mitted a plat of said area to the City of Fort Worth for its appraiml prior
to such pint being recorded in the office of the County Clerk of Torrent County,
Texas, and by virtue of such plat, Developer proposes to dedicate to the City
of Fort Worth a drainage easement which extemde from approximately the southeast
corner to the northwest corner of said Block 1, Campus Park Addition, and Is
shown an the area nutllned In red on the attached diagram, which Is marked
Exhibit "A" znd hereby incorporated Me& by reference for all purposes: and,
WHEREAS, so as condition precodent to such Commimity Fac[litles Agreement be-
coming effective and the approving and recording of such plat, the City of Fort
Worth required that the r1rat Pentecostal Church of Fort Vortb, Inc. make cer-
tain covenants runrAing with the land to bind itself and future o%n ers of the
hereinafter describef.3 property to Indeemify the City of Fort Worth from and
against all expenses or damagee arlalnp out of the fal3ure of the First Pente-
costal Church of Fort Worth, Inc. or Its successors in title to unintain such
area as set forth In thin agreement;
NOW THMPOPP,
First Pentecostal Church of Fort Worth, Inc., a corporation, acting hereln.
by and throuib Mark D. Pmnby, Its duly authorized President, bereinafter called
"Developer", for and in consideration of the promises and the taking effect of
Contract No. 4,A-17 q—, twreb'y covenants as follows with the pdblic and the City of
Fort Worth, such oovements to canatitute as servitude upon and to run with the
land and be bindinp, upon the 7,1,rmt PeAtecastal Church of Fort worth, Inc. and
all future owners of the followIng described real property mituated In Fort
Worth, Tarrant County, Texas
Block 1, CarTue Park Addition, an Addition to the My
of Fort Worth, TarTent arum nty, Texas, as shown an plat
recorded In Volume Pape of the Plat
Records of Torrent County, Texas.
L
Developer covenants and agrees to maintain at all times the bad and banks of
the drainage channel In the drainaRe easement otitlined in red an the attached
Exhibit "A" in accordance with the current otandards then fn force and affect
in the City of Fort Worth at no expense to the City of Fort Worth. In the event
the Developer fails or refusee to correct any deficiencies or to make any Improve-
ments in the bed and banks of the drainage channel Wwicb are necessary in the
opinion of the City of Fort Warth to brii'qc such dralmnge chnnnel into comMliance
vith the current standards for such channels then in force and effect in the
City of Fort Worth withIn 90 days after being directed In writing by the City of
Fort Worth to correct such deficiencies or make such Irproverents, then and In
such event the City of Fort Warth M13 be authorized to enter In and upon sudl
drainage channel and to correct ouch deficiencies or make such Improvements or
cause savaa to he done an behalf of and at the expense of Developer and to lamrses
as lion for the cost of such work upon the real property in Mack 3, Campus Park
Addition, an Addition to the City of Fort Wbrth, Tarrant County, Texam, adjacent
to and abutting the area In the drainage channel where such wart was performed
In order to secure reiWoursement for such cost to the City. Such lien shall he
perfectad by Ming in the offlce of the County MerP. of Tarrant County, Texas,
an affidavit Identifying the property to be charged with audi lien, stating the
amount thereof, and making reference to this agreement.
2M
Devel oper covenants and agrees and does hereby indemnify, hold harmleas and
defend the City of Fort Worth, Its spenta, servants and emplayeem From and against
all costs, expennes, losses, Mapes, claims or causes of action whatsoever arising,
or which might arise, from the failure of 1mveloper or any future ourners of thie
above described property to maintain the bed and banke of the drainage channel in.
-2.,,
accordance herewith, or to perform any of Its duties or oblipations hereunder.
3.
Developer covenants and spreen chat no habitable bulldimp shall be erected
within the drafnage empenent outlined In red on FAMt "AY, but thlo parngreph
shall not preclude construction of other Improvements withim the drainage one au-
ownt AM also not Spede drainspe.
Developer cwvenorts and agrees that no hahttable buildinp shall he erected,
on the above deacribed property abutting R%wh easement which shall have m
finished floor at an elevation less then two feet above the maximum depth of
water In the drainage channel which wou3d occur during as Oftv (5n) year fre-
quene'y flood.
5.
Developer agrees that the above demeribed real property nbuttinp ths drainage
channel will not be subdivided Into swinaller parcelm or tracts unless and until an
agreament in writlnp is made between the rity of rcirt TIorth and the then Meners
thereof providimp for the Irproverent nt no expenne to the City of the had and
books of the drainage channel to the extent deemed necessary by the City, Im-
presminp a HPn upon such parcels or tracta for the cost of much improvaments and
Indemnifying the City of rart Verth, its agents, sarvents and employees from and
againet all cost, expenmen. losees, damages, clairs or cauzet,u of action whatso-
ever arising, or which right arles, from the failure of such future owners to
maintain the bed and banks of the d •alnege channel In accordance herewith, or to
perform any of their respective duties and olAigations hereunder.
The above covenants and agreerentm shall constitute n mervitude upon and shall
run with the land end be bindInp upon Me Developer and al') subsequent owners of
the above dencribed real property abuttinp the dreinage annevont outlined In red
an the attached Exhibit "A", and bereby incorporated herein by reference for all
PIMPOMOS.
EXECUTED TPIS 1311
IQ 7n,,
FIRST PENTFrolTAL MUM OP WRT WORTH, IMM,
rc
TRE STATE OF' TEXAS
COUNTY OF TARWiT
Before me, the undersigned authority, on this day personally appeared
known to me, to be the person vhose name
is subscribed to the foregoing instrument and acknowledged to me that lie
executed the same for the purposes and consideration, therein expressed and
in the capacity therein stated.
GIVMq UNDER MY "G) MD SKAL OF OFFICE, this —......w. .tb,_. day of
A.D., 1970.
ii6tary Public In and
Texas