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HomeMy WebLinkAboutContract 29498CITY SECRETS RY,,�c,� STATE OF TEXAS CONTRACT NO. COUNTY OF TARRANT § Mio I Diane] 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 County, Texas, and Carol T. Miner, Owner ("Owner") of Lot 28, Block 19, Lake Worth Lease Survey to the City of Fort Worth, Texas, for the sole purpose of permitting the Owner 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 Owner'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 V3. . . ............. . .. "License Area" shall mean all of that underground area as described in any field notes and/or as shown on any maps attached hereto as Exhibit A. "Licensee" shall mean the Owner of Lot 28, Block 19, Lake Worth Lease Survey to the City of Fort Worth, currently Carol T. Miner, 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 Owner of the Owned Premises. "Owned Premises" shall mean the property located at Lot 28, Block 19, Lake Worth Lease Survey to the City of Fort Worth, Texas, and also known as 4065 Peninsula Club Circle, Fort Worth Texas. "Roadway" shall mean Peninsula Club Circle. 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. This Agreement may be renewed once for a five year term under the same terms of this Agreement upon Licensee submitting a written request for renewal in writing at least 90 days before the UNDERGROUND LICENSE AGREEMENT 17 termination of this Agreement. Either party may terminate this Agreement without cause upon at least thirty (30) days 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. Licensee expressly covenants, acknowledges and agrees that Licensee's breach or violation of any term, covenant, agreement or condition contained in this Agreement is good cause for the City to terminate this Agreement within 45 days of notice from the City of receipt by Licensee of termination of the license by default in the event the default is not cured by Licensee within the 45 day period. 0 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 Owned Premises; and that, under no circumstances, will the Drainage Field be used for multiple residences or for commercial purposes. .3 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 the City, and any attempt to assign or sublease all or part hereof without first obtaining such prior written consent by the City, shall be void and shall constitute a breach of this Agreement. Licensee further . ... .. ...... UNDERGROUND LICENSE AGREEMENT P ap iL . . . ....... understands, covenants and agrees that this Agreement and Licensee's interest herein shall run with the Owned Premises and may not, under any circumstances, be assigned or subleased independent of the Owned 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. .3 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 Peninsula Club Circle (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 UNDERGROUND LICENSE AGREEMENT ,goo 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 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 exclusive. a 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: UNDERGROUND LICENSE AGREEMENT "PI ................... ... ..... .. . Yt U, V III 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 (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 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, miles and regulations, and with all terms, covenants and conditions contained in this Agreement. Prior to the construction of the Drainage Field, Licensee shall submit plans and specifications to the City. Licensee shall not commence construction of the Drainage Field until the City has indicated to Licensee in writing that it has no objections to said plans and specifications. Any subsequent repair, replacement or alteration of the Drainage Field must also be submitted to the City with the plans and specifications therefore, and the City must indicate in writing that it has no objections thereto prior to UNDERGROUND LICENSE AGREEMENT the commencement of such work. LICENSEE HEREBY RELEASES THE CITY FROM qpq Iiiiiii1i i q rl� ricii-1:1111 i v i i Ir I Pjg • l�� 1 1 � Wi � � 11 1 � I � � , L -4 L! Licensee and the City mutually covenant and agree that the City, acting by and through its duly authorized agents, officers, servants, employees, contractors and subcontractors, shall have at any and all times the full and unrestricted right to enter the Owned 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. 43 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 as approved in writing by the City and by 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 FIE EITHER DIRECTLY OR INDIRECTLY. In the event that the Drainage Field is UNDERGROUND LICENSE AGREEMENT P'ag'e �'S 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 approved in writing by the City. 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. ,. •14 111101l• V 1• � • = I M Ir -r - -• •„ UNDERGROUND LICENSE AGREEMENT 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, the City has the right to take any and all corrective actions the City, in its sole discretion, deems necessary, without prior notice to Licensee. If necessary, and Licensee shall be solely responsible for all costs incurred therewith. Licensee covenants and agrees to promptly pay all such costs incurred by the City. 13. AGREESLICENSEE EXPRESSLY COVENANTS AND • INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY AND ITS OFFICERS, AGENTS, EMPLOYEES DAMAGES,AND VOLUNTEERS, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, OF r LIABILITY OF r EXPENSESINCLUDING ALL OF •COURT COSTS,AND •. 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, •INDIRECTLY,DESIGN, CONSTRUCTION, • , OR EXISTENCE OF THE •W R3 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 UNDERGROUND LICENSE AGREEMENT ...., "'.-""-'P'ag'e IV 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 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. 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 ..... . .... . UNDERGROUND LICENSE AGREEMENT •I !III I i I• " t , rAII r 17. - • 111 1 -1 Z 1 11 -• DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM OF - AND WHEN SAIDENVIRONMENTAL1 OR VIOLATION ENVIRONMENTAL REQUIREMENTS ORWERE THE RESULT OF ANY ACT 1 •11 ff I• •- im 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 yCFIIpp 4 7 Licensee fail to discharge same, such failure shall constitute a breach of the covenant herein and this Agreement. iffl 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 927 Taylor Street Fort Worth, TX 76102 TO OWNER: Carol T. Miner 4065 Peninsula Club Circle Fort Worth, TX 76135 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. NJ 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. UNDERGROUND LICENSE AGREEMENT .... .. . . ..� Page 12 ................ ...... . . .. ................ .... .. T 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 this day ofbjYOP,3. LESSOR: CITY OF FORT WORTH LICE SEE, ti 7, �7 )kssist6nt CityManager tdrol T. Miner ATTEST: City Secretary APPRQVED AS TO FORM AND LEGALITY: AsistaM City Attorney UNDERGROUND LICENSE AGREEMENT ContraCt Authol7ization vv J STATE OF TEXAS COUNTY OF TARRANT § BEFORE ME, the undersigned authority, personally appeared Marc A. Oft 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. 12 GIVEN UNDER MY HAND AND SEAL OF OFFICE this �,,,l U'day of ROSELLA BARNES 61 No'rARy PU13LIC Notary Public for and in the State of Texas Sta . ..... State of Texas C)MM e Comm EXP, 03-31-2005 UNDERGROUND LICENSE AGREEMENT STATE OF TEXAS BEFORE ME, the undersigned authority, personally appeared Carol T. Miner 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 /0 day of 201 W.. - ROBERTA J. FURMAN Z4, 4P,,—, n My COMMISSION EXPIRE �Notary Pub)f J for the 'State of Texas October UNDERGROUND LICENSE AGREEMENT �P j Exhiloit Showing Approximate Location � of Septic System �• h., ', �`I(" ' Lateral Drain Field S "'° r, serving Lot 28, Blck 19 ....,.��....M..o........,o,.....,....n...a... Lake Worth Lease Blocks B�RT WORTH x a �P % Department of Engineering Survey Division DATE, 10/10/03 SCALE V=50' DRAWN BY K.W. FILE NO 5143004 C Lot 32-A, Block 19 Lake Worth Lease Blocks — ° Cab, A, Stlde 6146 P.R., T.C., TX Block 19 27 Lake Worth Lease Blocks ° Cab. A, Slide 5216 P.R., T.C., TX B L , E cl 1 9 N 1235? 2,170 Sq. Scale: 1"=50' c� Denotes 5/8' I.R.F. W/Red Cap y �Qk�rQ` N N Y m S1ra�n o WW 10' Public Utlllty Ww, Easement CTypJ 5' ublic Utlllty L 021 N89043'54' Ej 5.09' Ea s ment (Typ.) O i CV 02 CV 03 i 0 = 64°21'27' A = 29°42'54' i CV 0 R = 127.71' a, Mark 'X' 0 CV 0 0.00' o� fnd In conc. S ; Inundation 0 A, $.$4' T = 80.36' o A, 8.55' 28 s� CL= 136.03 _ _...- --- - - reap 981 Sq. Ft. Easement CV 0 L 02 L Ol Ar ai 506 Sq. Ft. Exhiloit Showing Approximate Location � of Septic System �• h., ', �`I(" ' Lateral Drain Field S "'° r, serving Lot 28, Blck 19 ....,.��....M..o........,o,.....,....n...a... Lake Worth Lease Blocks B�RT WORTH x a �P % Department of Engineering Survey Division DATE, 10/10/03 SCALE V=50' DRAWN BY K.W. FILE NO 5143004 C — ° 32 A � 27 B L 0 C cl 1 9 c� Denotes 5/8' I.R.F. W/Red Cap Stamped 'City of Ft. Worth Survey Div.' L 01i N89°43'54' Ej 50.63' L 021 N89043'54' Ej 5.09' CV 01 CV 02 CV 03 0 = 64°21'27' A = 29°42'54' L1 = 106°46'56' R = 127.71' R = 262.81' R = 49.89' A = 143.45' A = 136.30' A = 92.98' T = 80.36' T = 69.72 T = 67.15' CL= 136.03 CL= 134.78' CL= 80.10' CD= S 22°23'28' E CD= S 05°04'11' E CD= N 35°52'04' E Area of Lateral Draln, 2.170 Sq. Ft, Exhiloit Showing Approximate Location � of Septic System �• h., ', �`I(" ' Lateral Drain Field S "'° r, serving Lot 28, Blck 19 ....,.��....M..o........,o,.....,....n...a... Lake Worth Lease Blocks B�RT WORTH x a �P % Department of Engineering Survey Division DATE, 10/10/03 SCALE V=50' DRAWN BY K.W. FILE NO 5143004 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/6/2004 DATE: Tuesday, January 06, 2004 LOG NAME: 30MINER REFERENCE NO.: **L-13733 SUBJECT: Authorization of License Agreement for Septic Drain Field to Service Owner -Occupied Lake Worth Property Located at 4065 Peninsula Club Circle, Lot 28, Block 19 RECOMMENDATION: It is recommended that the City Council authorize approval of a septic drain field license agreement with Carol T. Miner for City -owned Lake Worth property located across the road from 4065 Peninsula Club Circle, Lot 28, Block 19 for a term of five years expiring on January 31, 2008, with one option to extend the agreement for another five year term for an annual rate of $280. DISCUSSION: On February 1, 1982, George and Ruthe Nobles originally entered into a 50 -year lease agreement with the City of Fort Worth for the property located at 4065 Peninsula Club Circle, Lot 28, Block 19. On January 2, 2001 (M&C L-12968), the City approved the sale of the lease property to Carol T. Miner. Since the sale of the property, Ms. Miner has been using the septic drain field located across the road on City -owned property. However, utilization of this City -owned property was not approved by the 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 Ms. Miner and to establish the license fee in the amount of $280 annually. This license is exclusively for the septic drain field. The construction of other improvements on the licensed property is specifically prohibited. Once public sewer service is installed and available, Ms. Miner will be responsible for connection to this public utility and for ensuring the proper abandonment of the septic tank system at her sole expense. The property is located in COUNCIL DISTRICT 7, Mapsco 45S. 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. TO Fund/Account/Centers FROM Fund/Account/Centers FE70 442302 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) Logname: 30MINER Page 1 of 1