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HomeMy WebLinkAboutContract 31179 CITY SECRETARY l� CONTRACT NO. �_� STATE OF TEXAS § COUNTY OF TARRANT § UNDERGROUND LICENSE AGREEMENT This Underground License Agreement is made and entered into at Fort Worth, Texas, by and between the City of Fort Worth, a home-rule municipal corporation of Tarrant, Denton and Wise Counties, Texas, and Daniel Anguiano, Lessee ("Lessee") of Lot 2, Block 21, Lake Worth Lease Survey to the City of Fort Worth, Texas, for the sole purpose of permitting the Lessee to continue to use an underground septic system on City Owned property as shown on Exhibit A, which will serve the residence located on the aforementioned lot and to run under property owned and controlled by the City of Fort Worth. 1. As used in this Underground License Agreement: "Agreement" shall mean this Underground License Agreement. "City" shall mean the City of Fort Worth, Texas. "Drainage Field" shall mean the line connecting the Lessee's' improvements with the Drainage Field and the Drainage Field as shown on Exhibit A. "Hazardous Waste" is defined as any solid waste identified or listed as a hazardous waste by the administrator of the United States Environmental Protection Agency pursuant to the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq., as amended. UNDERGROUND LICENSE AGREEMENT Page 1 Daniel Anguiano November 20, 2004 ' �'� A��VCIJvJ "License Area" shall mean all of that underground area in Lot 26 and 27, Lake Worth Leases according to the Lease Map File J-175 on file at the City of Fort Worth Dept. of Engineering and as described in any field notes and/or as shown on any maps attached hereto as Exhibit A. "Licensee" shall mean the Lessee of Lot 2, Block 21, Lake Worth Lease Survey to the City of Fort Worth, currently Daniel Anguiano, and shall include the heirs, successors and assigns of Licensee, as well as Licensee's agents, servants, employees, representatives and independent contractors. This provision shall not alter in any way the requirements of Paragraph 5 herein. The term shall include anyone claiming ownership of the Drainage Field or in possession thereof, including but not limited to: the record Lessee of the Leased Premises. "Leased Premises" shall mean the property located at Lot 2, Block 21, , Lake Worth Leases according to the Lease Map File J-175 on file at the City of Fort Worth Dept. of Engineering and also known as 4069 Peninsula Club Circle, Fort Worth Texas ("Lot 2, Block 21 Lake Worth Leases"). 2. The City does hereby license and grant to Licensee, for and in consideration of two hundred eighty Dollars ($280.00) to be paid annually on February 1 of each year this License is in effect, and the further agreements of the parties as expressed herein, the privilege of continuing to operate and maintain an underground Drainage Field within the License Area. 3. The term of this Agreement shall expire or terminate on January 31, 2008 unless a prior termination is effected by either party hereto pursuant to the termination provisions expressed within the body of this Agreement. So long as the lease on the Leased Premises is in effect, until a state approved municipal sewer system is made available to Lot 2, Block 21, Lake Worth Leases, this Agreement may be renewed by UNDERGROUND LICENSE AGREEMENT Page 2 Daniel Anguiano November 20, 2004 Lessee by giving written notice to City for consecutive five (5) year terms under the same terms, except those that must be changed because of changes in state, federal or local law and that the rental shall be increased by 8% for each renewal term. Either party may terminate this Agreement with cause upon at least thirty (30) day written notice to the other party. Said notice shall specify the date of termination. In the event of termination pursuant to this paragraph, Licensee shall be obligated to remove all drainage field improvements from the License Area and restore License Area to as good a condition as existed prior to the installation of the improvements, at Licensee's expense. At the sole discretion of the city, portions of the septic system may be abandoned in place in accordance with the specifications of the city. Licensee expressly covenants, acknowledges and agrees that Licensee's failure to pay rent or maintain the drainage field as required by ordinance or law or Licensee's breach or violation of any term, covenant, agreement or condition contained in this Agreement is good cause for which the City may terminate this Agreement after 45 days from the date of notice from the City to Licensee of default in the event the default is not cured by Licensee within the 45 day period. 4. Licensee covenants and agrees that only one Drainage Field will be constructed, operated and maintained within the License Area; that the Drainage Field will serve only one residence located on the Leased Premises; and that, under no circumstances, will the Drainage Field be used for multiple residences or for commercial purposes. UNDERGROUND LICENSE AGREEMENT Page 3 Daniel Anguiano November 20, 2004 5. Licensee covenants and agrees that Licensee shall not assign or sublease all or any part of Licensee's rights, privileges, duties or interests under this Agreement without first obtaining the written consent of City and any attempt to assign or sublease all or part hereof without fist obtaining such prior written consent by City shall be void and shall constitute a breach of this Agreement; however, if the Licensee transfers or assigns its Leasehold interest in the Leased Premises with City's written consent, this License shall automatically transfer to the new lessee of the Leased Premises and this License shall continue. Licensee further understands, covenants and agrees that this Agreement and Licensee's interest herein shall run with the Leased Premises and may not, under any circumstances, be assigned or subleased independent of the Leased Premises. Licensee covenants and agrees that this Agreement is solely for the purpose of permitting Licensee to construct, operate, maintain and locate the Drainage Field within the License Area and is not a conveyance of any right, title or interest in the License Area. Licensee covenants and agrees that this Agreement is solely for the benefit of Licensee, and the granting of this license is in no way legally required of the City. UNDERGROUND LICENSE AGREEMENT Page 4 Daniel Anguiano November 20, 2004 6. Licensee covenants and agrees that, as constructed, operated and maintained, the Drainage Field will be entirely underground, and shall not interfere with the use of the surface of the License Area. Licensee covenants and agrees that the Drainage Field will never interfere in any way with use of the roadway of Watercress Drive (the roadway); that absolutely no cuts or holes of any kind of character will be made in the surface of the roadway or within five (5) feet on both sides of the roadway; and that construction of the pipeline under the roadway of and within five (5) feet on both sides of the roadway will be accomplished by either boring or tunneling. 7. Licensee covenants and agrees that Licensee will maintain the License Area, including all non-roadway surface areas, and keep same in good condition and repair at Licensee's sole cost and expense. Licensee's maintenance shall include the mowing of all grassy areas, and the proper disposal of all garbage, trash, litter and debris. All maintenance, repair and upkeep shall be in accordance with all applicable federal, state and local laws, rules, regulations and specifications. Licensee shall not introduce any hazardous waste into the License Area. Licensee shall not commit nor allow to be committed any waste in the License Area, or on the surface thereof, nor shall Licensee maintain, commit or permit the maintenance or commission of any nuisance in the License Area, or on the surface thereof, or use the License Area, or on the surface thereof for any unlawful purpose. Licensee shall not cut any trees, limbs, shrubs or UNDERGROUND LICENSE AGREEMENT Page 5 Daniel Anguiano November 20, 2004 other vegetation, other than in accordance with this Paragraph, without the prior written consent of the City, nor shall Licensee take any other action resulting in damage to City property. It is further expressly understood and agreed between the parties hereto that the City holds the City streets, alleys, sidewalks, and other public rights-of-way and public parks as trustee for the public; that the City exercises such powers over such locations as have been delegated to it by the Constitution or by the Legislature; and that the City cannot contract away its duty and its legislative power to control such locations for the use and benefit of the public. Licensee expressly acknowledges and agrees that the license granted herein is non-exclusive and that the City shall have the right to grant easements in the Licensed Area to other entities. 8. Licensee covenants and agrees that the Drainage Field shall at all times meet the following requirements: (a) Where the pipeline runs under the roadway and the extending at least five (5) feet on both sides of the roadway: 1) shall be at least three (3) feet under the surface of the roadway and ground; (2) shall be made of City-approved material with a minimum strength at least equal to Schedule 40 PVC; (3) shall not exceed three (3) inches in diameter; and UNDERGROUND LICENSE AGREEMENT Page 6 Daniel Anguiano November 20, 2004 It���j i i, FT. W03m (4) shall be sleeved in a larger diameter service line, no more than four (4) inches in diameter. (b) Other than the area within the roadway and expending at least five (5) feet on both sides of the roadway, the Drainage Field shall be at least eighteen (18) inches under the surface of the License Area. Licensee covenants and agrees that the Drainage Field will comply with all applicable standards, policies and procedures of the United States, the State of Texas, and the City governing design, construction, operation and maintenance. In constructing, altering, operating, using, maintaining and removing the Drainage Field, Licensee shall at all times comply with all City, State, Federal Laws, statutes, ordinances, rules and regulations, and with all terms, covenants and conditions contained in this Agreement. Any subsequent repair, replacement or alteration of the Drainage Field must also be submitted to the City with the plans and specifications therefore, and must be in compliance with city, state and Federal laws, statutes, ordinances rules and regulations. LICENSEE HEREBY RELEASES THE CITY FROM ANY RESPONSIBILITY OR LIABILITY IN ANY WAY RELATED TO THE PLANS AND SPECIFICATIONS. IN ADDITION, LICENSEE SHALL INDEMNIFY THE CITY IN ACCORDANCE WITH THIS AGREEMENT FOR ANY RESPONSIBILITY OR LIABILITY IN ANY WAY RELATED TO THE PLANS AND SPECIFICATIONS ASSERTED AGAINST THE CITY BY ANY THIRD PARTY OR BY LICENSEE. Licensee and the City mutually covenant and agree that the City, acting by and through its duly authorized agents, officers, servants, UNDERGROUND LICENSE AGREEMENT Page 7 Daniel Anguiano November 20, 2004 employees, contractors and subcontractors, shall have at any and all times the full and unrestricted right to enter the Leased Premises and/or the License Area for the purpose of examining and inspecting the Drainage Field and all of its appurtenances to determine the compliance by Licensee with its obligations hereunder. 9. Licensee covenants and agrees that the construction and any alteration, repair, replacement or reconstruction of the Drainage Field shall be in compliance with the plans and specifications in compliance with City regulation and State and Federal Law, and shall be accomplished as expeditiously as possible. Licensee shall be solely responsible for maintenance of the Drainage Field. Licensee's maintenance of the Drainage Field shall at all times be in compliance with City standards. LICENSEE HEREBY ASSUMES ANY AND ALL LIABILITY IN ANY WAY CONCERNING, RELATED TO OR RESULTING FROM THE DRAINAGE FIELD, EITHER DIRECTLY OR INDIRECTLY. In the event that the Drainage Field is destroyed or damaged by fire, flood, or any other cause, replacement or reconstruction of the Drainage Field shall be the sole responsibility of Licensee, and all costs for said replacement or reconstruction shall be paid by Licensee, and it shall be replaced or reconstructed according to plans and specifications in conformance with city, state and Federal laws, ordinances, rules and regulations. UNDERGROUND LICENSE AGREEMENT Page S Daniel Anguiano November 20, 2004 YEX. 10. Licensee covenants and agrees to secure all appropriate permits from the City of Lake Worth and the City of Fort Worth prior to commencing construction of the Drainage Field and will provide proof of such permits to the Real Property Management Office of the City. 11. LICENSEE COVENANTS AND AGREES THAT SHOULD IT BECOME NECESSARY FOR THE CITY TO REPAIR, REPLACE, MAINTAIN, REMOVE, ENLARGE, EXPAND OR OTHERWISE ALTER IN ANY WAY ITS PUBLIC FACILITIES OR UTILITIES, INCLUDING STREETS, LOCATED IN, ON, UNDER OR OVER THE DRAINAGE FIELD OR THE LICENSE AREA, THE CITY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR OTHER ADVERSE CONSEQUENCE RESULTING THEREFROM TO THE DRAINAGE FIELD, THE LICENSE AREA OR THE LICENSEE. FURTHERMORE, LICENSEE SHALL PAY ANY AND ALL COSTS INCURRED BY THE CITY WITH RESPECT TO ANY NECESSARY DEMOLITION OR REMOVAL OF THE DRAINAGE FIELD RESULTING FROM OR IN ANY WAY RELATED TO THE CITY'S ALTERATION OR MAINTENANCE OF THE LICENSE AREA. 12. To avert an immediate hazard to the health, safety or welfare of any person or property caused by the Drainage Field, as determined in the sole discretion of the City, UNDERGROUND LICENSE AGREEMENT Page 9 Daniel Anguiano November 20, 2004 the City has the right to take any and all necessary corrective actions. In addition, Licensee shall be required to take all corrective actions to avert immediate hazard to the health, safety or welfare of any person or property and the failure of Licensee to take such action may result in termination of this License Agreement. Licensee covenants and agrees to promptly pay all such costs incurred by City 13. LICENSEE EXPRESSLY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY AND ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF ANY PERSON, OR FOR DAMAGE TO ANY PROPERTY ARISING OUT OF, RELATED TO, IN CONNECTION WITH OR IN ANY WAY PERTAINING TO, DIRECTLY OR INDIRECTLY, THE DESIGN, CONSTRUCTION, USE, MAINTENANCE, LOCATION OR EXISTENCE OF THE DRAINAGE FIELD. 14. Further, Licensee shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of the City. Licensee 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 UNDERGROUND LICENSE AGREEMENT Page 10 Daniel Anguiano November 20, 2004 CITY for the acts and omissions of Licensee's officers, agents, servants, employees, representatives and independent contractors. The doctrine of Respondeat Superior shall not apply as between the City and Licensee and nothing herein shall be construed as creating a partnership or joint enterprise between the City and Licensee. 15. Licensee expressly covenants and agrees that under no circumstances will Licensee ever be entitled, either directly or indirectly, to reimbursement for the Drainage Field within the License Area. Licensee covenants and agrees that when a public sewer system is available for connection, Licensee shall promptly, at Licensee's sole cost and expense, including the payment of any and all connection, impact, and other fees, connect to the public sewer, and, also at Licensee's sole cost and expense, remove the entire Drainage Field within the License Area. The failure of Licensee to connect to a public sewer system promptly shall be an event of default. 16. Should this Agreement be terminated because of Licensee's failure to perform any duty or obligation created herein, Licensee understands, acknowledges and agrees that Licensee shall not be entitled to receive a new license agreement. Licensee covenants and agrees that in the event this Agreement is terminated for any reason, Licensee shall immediately remove the Drainage Field and, should Licensee fail to immediately remove same, the City shall have the right to remove same. THE CITY SHALL INCUR NO LIABILITY AS A RESULT OF SUCH REMOVAL, AND LICENSEE UNDERGROUND LICENSE AGREEMENT Page 11 Daniel Anguiano November 20, 2004 OFFICIA CITY ;;SKIETRY HEREBY RELEASES THE CITY AND HOLDS IT HARMLESS FROM ANY SUCH LIABILITY. 17. LICENSEE HEREBY AGREES TO RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM LICENSEE'S USE OF THE LICENSE AREA AND WHEN SAID ENVIRONMENTAL DAMAGES OR THE VIOLATION OF SAID ENVIRONMENTAL REQUIREMENTS ARE OR WERE THE RESULT OF ANY ACT OR OMISSION OF LICENSEE, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS, OR THE JOINT ACT OR OMISSION OF LICENSEE, ITS OFFICERS, OR SUBLEASES AND ANY OTHER PERSON OR ENTITY. 18. Licensee covenants and agrees that Licensee shall do no act nor make any contract that may create or be the foundation for any lien upon or interest in the City's property, and any such contract or lien attempted to be created shall be void. Should any purported lien on City-owned property be created or filed by reason of any act or contract of Licensee; Licensee, at Licensee's sole expense, shall liquidate and discharge same within fifteen (15) days next after notice of filing thereof; and should UNDERGROUND LICENSE AGREEMENT Page 12 Daniel Anguiano November 20, 2004 Licensee fail to discharge same, such failure shall constitute a breach of the covenant herein and this Agreement. 19. 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 CITY: Real Property Management City of Fort Worth 1000 Throckmorton Fort Worth, TX 76102 TO LESSEE: Daniel Anguiano 9405 Watercress Drive Fort Worth, Texas 76108 The failure or inaction by the City in enforcing any of its rights or privileges hereunder shall not constitute a waiver of the City's ability to subsequently enforce such rights and privileges. 20. The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. UNDERGROUND LICENSE AGREEMENT Page 13 Daniel Anguiano November 20, 2004 21. This Agreement constitutes the entire agreement between the City and Licensee, and it supersedes any prior oral or written agreements concerning Licensee's use of the License Area. In any action brought by the City for the enforcement of the obligations of Licensee, the City shall be entitled to recover its court costs, expenses and reasonable attorney's fees from Licensee. This Agreement and the relationship created hereby shall be governed by the laws of the State of Texas. Venue for any action brought to interpret or enforce the terms of this Agreement shall be in Tarrant County, Texas. IN WITNESS WHEREOF, the parties hereto have executed this agreement on zli this day of 20 ps LES R: CITY OF FORT WORTH LICENSEE: Assistant ty Mana er afti Anguian 1 � ATTEST: AUt.hora.zatiop City Secretary U.atr- APPR ED S O FORM AND LEGALITY: A istar,VCity Attorney UNDERGROUND LICENSE AGREEMENT Page 14 Daniel Anguiano November 20, 2004 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, personally appeared Marc A. Ott known to me to be the person and officer whose name is subscribed to the foregoing Agreement, and acknowledged to me that the same was the act of the City of Fort Worth, a home-rule corporation, and that he/she executed the foregoing instrument as the act of said corporation for the purposes and consideration expressed therein and in the capacity stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 20 e)5 . J otary Public for and in the State of Texas HETTIE LANE My COMMISSION EXPIRES July 26,2U07 UNDERGROUND LICENSE AGREEMENT Page 15 Daniel Anguiano November 20, 2004 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, personally appeared Daniel Anguiano known to me to be the person whose name is subscribed as LICENSEE to the foregoing Agreement, and who acknowledged to me that the foregoing instrument was read in its entirety and understood and was executed for the purposes and consideration expressed therein. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20_LZ. LISA A. SSCCQ FT ORD a� � Notary Public STATE OF XAS TE Notary Public in and for th tate of Texas a � mm My Co .ESP. f0/06/2007 UNDERGROUND LICENSE AGREEMENT Page 116 Daniel Anguiano November 20, 2004 G:Y YEN. FORT WOEI7H Real Property Description For a 10'Utility Easement Out of Lots 26 and 27,Block 1, Lake Worth Leases A parcel of land out of Lots 26 and 27,Block 21,Lake Worth Leases,according to Lake Worth Lease Maps Fn7e No.J-175 on file in the Department of Engineering Vault,City of Fort Worth, Tarrant County,Texas,for the purpose of constructing,mainttaining and operating public utilities, and their appurtenances,and being more particularly described as follows: Beginning at a'/"iron rod found for a common north corner of said Lots and being in the Lake Worth Boundary Zane from which a Lake Worth Boundary Monument found at an angle point in said line,bears North 74 degrees 51 minutes 05 seconds East 12.03 feet; Thence:with the north line of Lot 27 and said boundary line,North 74 degrees 51 minutes 05 seconds East,5.02 feet; Thence:departing said lines,with a line 5.0 feet easterly of arid parallel to the west line of said Lot 27,South 09 degrees 24 minutes 09 seconds East,130.78 feet tai the southeast corner of the herein described parcel,from which a%"iron rod found in the east line of Lot 27,hears North 80 degrees 29 minutes 48 seconds East,91.57 feet; Thence:South 80 degrees 35 minutes 51 seconds West,10.0 fart; Thence:with a line 5.0 feet westerly of and parallel to the east line of Lot 26,North 09 degrees 24 minutes 09 seconds West,129.77 feet to the north line of Lot 2A and said Lake Worth Boundary Line; Thence:with the north line of Lot 26 and said Boundary Line,:North 74 degrees 51 minutes 05 seconds East,5.02 feet to the point of beginning and containing:1,303 square feet of land more or left And being subject to a septic system site,located as shown on the attached"Map of Survey". Bearing Basis-Per Fort Worth Integrated G.P.S.Network,N.A.D. 33 Surveyed on the ground in September of 2004. In accordance with the Texas board of Professional Land surveying; General Rules of Procedure and Practices,663.19(9),this"report"consists of the real property description included herein,w 4 a Map Survey being attached Herewith. y _ !\ 05144004ue.doc ENGINEERING DEPARTN[ENT i u SURVEY DIVISION THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, TEXAS 761 2-6 i .'v✓: :'� :. _ I (817) 871-7925 * FAX (817) 871•-8845 Primed on recycled Paper NOTE M...W4ff_ Nh V.Tn S." ,,�'— ��� JACOB WILCOX SURVEY �h.�uti e�.d r R.W M Ieao.drr oW PrmtW6MSii(i� a !$.02' 5.02 thr"F r"-i u.t M.0�v a..h... A-171 fi -h . ad nd p".tr I YdnY.ffad.d h...Nh. F]eL.Y � LAKESIDE `' — APPARENT OWMER. LAKE WORTH BOUNDARY / DEREK WEAVER MONUMENT#53 FOUND / VOL 10194, PG. 578 Jb D.R.,T.C.,T. LXUX 110918 LAKE WORTH BOUNDARY OF LAKE / MONUMENT F 52 FOUND E 277.29 CITY FDRT Iw�TM V1C� MAP P.O.B. l N 8231 r— OITY — N.T.6: l _ -1'- - . SCALE: 1" - 80' 1/2' IRF / �I� I 71.?A }� LAKE WORTH BOUNDARY 4�p3 I ut LINE A i — rN+�40) 1 L1 N 80'4-42-r E 90.8 L 12 S D2'1916 10.05' E 786 1 10.0' UTILITY v�00 80' 2 IN 90.12' N74 g%—' 5.0 1�iw �r 27 �Im dTYPOFEOROWORTH L5 N '29 S1.2S d 1 VOLUMES B-4 do 8-5. PAGES 621 & 380 5 7326 F 1 28 SEVi1C S1stEY 1 DISTRICT COURT RECORDS, 7 S 0 0 130. gh To SUM DoT 4 B S BO-35 51 'W 10.00 Mai �lom (8 1 TARRANT COUNTY, TEXAS L9 09'24 D9 3 L5 1 11 P.O.B. C LAKE WORTH BOUNDARY 1 -1 MONUMENT f 51 FOUND /��// �+ 1 ►�1 MAP OF SURVEY INSIDE GARAGE BL" 29 1 _� [ Dg. , SHOWING A 7i1tA E t fin• ;,er OT ROB~y B si,57 ,_ 10.0' UTILITY EASEMENT I AND A SEPTIC SYSTEM SITE OUT OF LEASE SITES 26 & 27, 11 , BLOCK 21, LAKE WORTH LEASES 1 ACCORDING TO LEASE MAP FILE NO. J-175 ON FILE AT THE CITY OF 1 RT WORTH DEPT. OF ENGINEERING 1 WOR•M MW onnmd kr 9uth*ld Jr.Mwrr Basle of ge: Per Port 1lorth Integrated C.P.S. Network Rq•x/0 dhrl�peyed on the ground in September of 2004. 66 0 60 120 Fa_E e artment a eer Survey on Recording information shown hereon - DPA 5-9-04 BCALZ 1'-60' G"RAY3 IC SCALE IN FEET melt not represent current ownerahlp. DRAWN DY_SRClux NO. D2U4AO4 M Rn1 14M.h IOG TY�!M.TWO1M1 Rl-gyp City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/4/2005 DATE: Tuesday, January 04, 2005 LOG NAME: 30ANGUTANO REFERENCE NO.: **L-13994 SUBJECT: Authorize Execution of a License Agreement for Septic Drain-Field to Service Lake Worth Lease Property Located at 9504 Watercress Drive, Lot 2, Block 21, Lake Worth Survey RECOMMENDATION: It is recommended that the City Council authorize execution of a license agreement with Daniel Anguiano for City-owned Lake Worth property located adjacent to 9504 Watercress Drive, Lot 2, Block 21, Lake Worth Lease Survey for a term of five years ending on January 31, 2008 with an option to extend the agreement for one additional five-year term. DISCUSSION: On February 1, 1982, W.R. Young, Jr. originally entered into a fifty (50) year lease agreement with the City of Fort Worth for the property located at 9504 Watercress Drive, Lot 2, Block 21, Lake Worth Lease Survey. On February 3, 1998, the lease was transferred to Daniel Anguiano (Lessee). The Lessee of the Lake Worth Lease property at 9504 Watercress Drive has been using this drain-field since the property was transferred to him. However, utilization of this City-owned property was not approved by City Council at the time the septic drain field was installed. Therefore, it is necessary to formally implement a license agreement for the septic drain-field between the City and the Lessee and to define the license fee in the amount of$280. This License will be exclusively used for a septic drain field and the construction of other improvements on the licensed property is specifically prohibited. The License Agreement allows the City to grant easements over the Licensed Area. Once public sewer service is installed and available, Mr. Anguiano will be responsible for connection to this public utility and for ensuring the septic tank system is properly abandoned. The property is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Revenue Office of the Finance Department is responsible for the collection and deposit of funds from this lease. T,naname: 30ANCTT JTANO PnOP 1 of TO Fund/Account/Centers FROM Fund/Account/Centers FE70 442352 030001901000 $280.00 Submitted for City Manager's Office by. Marc Ott (8476) Originating Department Head: A. Douglas Rademaker (6157) Additional Information Contact: A. Douglas Rademaker (6157) Loemame: 30ANGUTANO Page 2 of 2