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Home My WebLink AboutContract 27059 CITY SECRETARY CONTRACT NO. g2, MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into by and between the City of Fort Worth, Texas, a home-rule municipal situated in Tarrant and Denton Counties, Texas, hereinafter called "City," acting herein by and through Mike Groomer, its duly authorized Assistant City Manager, and Joe Paul Cooley and Patricia Ann Cooley("Cooley") WHEREAS, the City of Fort Worth owns Lake Worth ("Lake") and it is one of the City's priority to_protect and maintain the water quality at the Lake ; and WHEREAS, the City of Fort Worth has agreed with all of the lessees and property owners on Castle Circle, a street that borders the Lake, that the City will be responsible for all repairs and other corrective or maintenance measures required to maintain lessee's septic system 24 months after the sale of the property and shall continue to do so until the City provides a sewer collection system; and WHEREAS, Cooley purchased 2545 Castle Circle, Lot 7 Block 28 ("the property") from the City through a bid process and did not have a lease before purchasing the property; and WHEREAS, because Cooley did not lease the property before buying it, the City and Cooley desire to enter into a Memorandum of Understanding whereby the City agrees to enter into an agreement with Cooley with the same terms in order to protect and maintain the Lake; and NOW THEREFORE, it is agreed as follows: 1. Term; Termination The term of this MOU shall be for one year beginning on `_�L' ' +� 24V and shall automatically renew yearly until the City provides a sewer collection system. This and shall automatically terminate with out any action required by the parties upon the City providing a sewer collection system. 2. Consideration In consideration for the services and duties performed by the City, Cooley agrees to notify the City as soon as possible if any repair or maintenance services on Cooley's septic system on the property ("the system") are needed in order for the City to protect the water quality of the Lake. 3. Cooley's Duties 1. Cooley agrees to timely notify City or any repairs or maintenance required to maintain the system in order for the City to maintain the water quality of the Lake. 2. Cooley agrees to obtain any necessary repairs or maintenance required to maintain the system on the property in order for the City to maintain the water quality of the Lake. D 3. Once the repairs or maintenance services have been provided on the system on the property, Cooley shall send City an invoice to City for reimbursement. 4. Cooley agrees to connect to the City's sewer collection system when available in accordance with applicable City code and to pay all associated costs and fees, including but not limited to sewer tap fees, sewer impact fees and the cost of private improvements, required to connect to the City's sewer collection system. 4. City's Duties 1. The City agrees to reimburse up to a maximum $5,000.00 per year until the City has provided a sewage disposal source, however, the parties agree that the City shall not be responsible for repairs and corrective measures or maintenance caused by Cooley or Cooley's leasees', agents' or employees' misuse of the septic system. 2. The City agrees to reimburse Cooley within 45 days of receiving an invoice for repair and maintenance services required to maintain Cooley's septic system in a functioning condition. 3. City agrees to provide a contact person for Cooley to notify when repairs or corrective measures are needed. 5. RELEASE AND HOLD HARMLESS In consideration of the City agreeing to reimburse the Cooley for the expenses incurred to repair or maintain the system COOLEY AGREES TO RELEASE AND HOLD HARMLESS THE CITY OF FORT WORTH, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITY, SUITS, ACTIONS OR CAUSES OF ACTION WHICH COOLEY HAS OR MAY HAVE FROM THE REPAIR OR MAINTENANCE OF THE SYSTEM. COOLEY ACKNOWLEDGES THAT COOLEY IS RESPONSIBLE FOR THE REPAIRS AND MAINTENANCE OF THE SYSTEM AND WHETHER THE MAINTENANCE AND REPAIRS ARE PERFORMED IN A RESPONSIBLE AND WORKMANLIKE MANNER. COOLEY AGREES THAT IN NO EVENT SHALL CITY BE LIABLE OR RESPONSIBLE FOR ANY ASPECT OF THE REPAIRS OR MAINTENANCE PERFORMED ON THE SYSTEM OR TO BE PERFORMED ON THE SYSTEM OTHER THAT THE PAYMENT CONTAINED IN THE ORIGINAL INVOICE SENT TO CITY AS PROVIDED FOR IN THIS MOU. 6. CHOICE OF LAW; VENUE A. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. B. Venue shall lie exclusively in Tarrant County, Texas. 7. ENTIRETY This agreement, the agreement documents and any other documents incorporated by reference herein contain all the terms and conditions agreed to by the City and Cooley, and no other V rpV r c��r contracts, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. 8. SEVERABILITY The provisions of this Agreement are severable; and if for any reason any one or more of the provisions contained herein are held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall remain in effect and be construed as if the invalid, illegal or unenforceable provision had never been contained in the Agreement. 9. MODIFICATION No modification of the contract shall be binding on Cooley or City unless set out in writing and signed by both parties. This agreeme - as been executed by the parties in Tarrant County, Texas. MIF rt ort Joe Paul Cooley ��ike Groomer, Assistant. City Manager aul Cooley APPRO D AS TO FORM Patricia A Cooley Assistan City Attorney tricia Ann ey ` f,. ATTEST Gloria Pear n, ;ty Secretary STATE OF TEXAS § contract Authorizm on COUNTY OF TARRANT § Date BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Mike Groomer, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. n�J011' tal GIVEN UNDER MY HAND AND SEAL OF OFFICE this /8 day of ------------ o~ '�•p�` PATRICIA A GARCIA State of Texas I*f; * NOTARY PUBLIC Notary Public, N �' State of Texas Comm.Exp.03-31-2005 My Commission expires: STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Joe Paul Cooley, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 41 day of No&ry Public, State of Texas MAHALA D.TERRY * Notary Public,State of Texas Commission Expires o6-10-2003 My Commission Expires: 0 - 10-2-0 c:%3 STATE OF TEXAS § COUNTY OF TARR.ANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Patricia Ann Cooley,known tome to be the pers subscribed to the foregoing instrument, and acknowledged to that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ZoC) Noiary Public, State of Texas Mp,HpLA D.TERRY .: •. Notary Public, State of Texas Commission Expires W%2003 My Commission Expires: AJb� l b— ZD0 Ho woo GCvj Va.