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HomeMy WebLinkAboutContract 33036 z y CITY SECRETARY' CONTRACT NO. STATE OF TEXAS § COUNTY OF TARRANT § NONEXCLUSIVE JOINT LICENSE AGREEMENT This Nonexclusive Joint 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, ("City") and Harry Adamson, Lessee of Lot 16, Block 15, Lake Worth Leases, an addition to the City of Fort Worth, Texas and Kenneth and Janet Hawkins, Lessees of Lot 18, Block 15, Lake Worth Leases, an addition to the City of Fort Worth, Texas, ("Licensees")for the sole purpose of permitting the Lessees to use a water well and pipes located on Lot 19, Block 15, Lake Worth Leases, an addition to the City of Fort Worth and as shown on Exhibit A,which will serve the 'residences,located on the aforementioned lots and to run under property owned and controlled by the City of Fort Worth. 1. DEFINITIONS As used in this Nonexclusive Joint License Agreement: "Agreement" shall mean this Nonexclusive Joint License Agreement. "Licensees" shall mean: a. the Lessee of Lot 16, Block 15, Lake Worth Leases, an addition to the City of Fort Worth, as shown on the plat recorded in Cabinet A, Slide 9384A. The current Lessee is Harry Adamson and shall include the heirs, successors and assigns of Harry Adamson.; and b. the Lessee of Lot 18, Block 15, Lake Worth Leases, an addition to the City of Fort Worth, as shown on the plat recorded in Cabinet A, Slide 9384A. The current Lessee is Kenneth and Janet Hawkins and shall include the heirs, successors and assigns of Kenneth and Janet Hawkins; "Leased Premises" shall mean the following property: a. Lot 16, Block 15, Lake Worth Leases, an addition to the City of Fort Worth, as shown on the plat recorded in Cabinet A, Slide 9384A. b. Lot: 18, Block 15, Lake Worth Leases, an addition to the City of Fort Worth, as shown on the plat recorded in Cabinet A, Slide 9384A "License Area" shall mean all of that underground water well and associated pipes located on Lot 19, Block 15, Lake Worth Leases, an addition to the Ci,y of Fort Worth, as shown on the plat recorded in Cabinet A, Slide 9384A and as described in Exhibit A. NONEXCLUSIVE JOINT LICENSE AGREEMENT Page 1 o . :i.!: J6o Ui:G1e "Water Well" shall mean the water well situated on/in the License Area. 2. PURPOSE The City does hereby License and Grant to Licensees, for and in consideration as set forth herein, a Nonexclusive Joint License Agreement for the sole purpose of operating and maintaining a Water Well within the License Area. Licensees agree that the License Area or any portion of Lot 19 Block 15, Lake Worth Leases, an addition to the City of Fort Worth shall not be used for any other purpose. 3. CONSIDERATION In consideration of City granting Licensees this Nonexclusive Joint License, Licensees shall comply with the terms of this Agreement and shall pay City One Hundred and Twenty Dollars and Zero Cents Dollars ($120.00) annually on February 1 st of each year this Nonexclusive Joint License is in effect. In addition, Kenneth and Janet Hawkins also grant Harry Adamson the right to use Lot 18, Block 15, Lake Worth Leases, for a water pipe to be connected from Adamson's Leased Premises to the Water Well and License Area. Licensees agrees that the locations of the shut-off valves shall be as shown on Exhibit`B". 4. TERM A. The term of this Agreement shall expire or terminate on January 31, 2010 unless a prior termination is effected by either party hereto pursuant to the termination provisions expressed within the body of this Agreement. B. Each 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, Licensees shall be obligated to disconnect from the Water Well. However, not withstanding the foregoing, in no event shall the grant from Hawkins to Adamson specified in Section 3 above terminate unless this agreement is terminated by Adamson or City. 5. TERMINATION A. Licensees expressly covenant, acknowledge and agree that Licensees 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 NONEXCLUSIVE JOINT LICENSE AGREEMENT Page 2 of receipt by Licensees of termination of the license by default in the event the default is not cured by Licensees within the 45 day period. B. Should this Agreement be terminated because of Licensees failure to perform any duty or obligation created herein, Licensees understands, acknowledges and agrees that Licensees shall not be entitled to receive a new license agreement. 6. LICENSEESS USE OF LICENSED AREA Licensees understand and agree that: a. only one Water Well will be operated and maintained within the License Area; b. that the Water Well will serve only two residence, one located on each of the lots defined in Section 1 under"Leased Premises"; and c. under no circumstances, will the Water Well be used for other residences or for commercial purposes. 7. ASSIGNMENT/SUBLEASE Licensees covenant and agree that Licensees shall not assign or sublease all or any part of Licensees 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. Licensees further understand, covenant and agree that this Agreement and Licensees interest herein shall run with the Leased Premises and may not, under any circumstances, be assigned or subleased independent of the Leased Premises. Licensees covenants and agrees that this Agreement is solely for the purpose of permitting Licensees to operate and maintain the Water Well within the License Area and is not a conveyance of any right, title or interest in the License Area and that Licensees will not be able to purchase the Licensed Area from City. Licensees covenants and agrees that this Agreement is solely for the benefit of Licensees, and the granting of this License is in no way legally required of the City. 8. LICENSEES RESPONSIBILITIES Licensees covenant and agree that, they will: 1. operate and maintain the Water Well in compliance with State and Federal and Local laws and regulations. 2. schedule a test with the City of Fort Worth Water Department to test for total coliforms quarterly. NONEXCLUSIVE JOINT LICENSE AGREEMENT p?ns 3 3. pay for all costs of electricity, repairs, testing and maintenance and any other cost necessary for the operation of the Water Well. 9. MAINTENANCE OF LICENSE AREA Licensees covenant and agree that Licensees will maintain the License Area and keep same in good condition and repair at Licensees sole cost and expense. Licensees maintenance shall include the mowing of all grassy areas, and the proper disposal of all garbage, trash, litter and debris within the License Area. Licensees shall not have any maintenance obligations on Lot 19 Block 15 except the for the License Area. All maintenance, repair and upkeep shall be in accordance with all applicable federal, state and local laws, rules, regulations and specifications. Licensees shall not introduce any hazardous waste into the License Area. Licensees shall not commit nor allow to be committed any waste in the License Area, or on the surface thereof, nor shall Licensees 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 purpose not allowed under this License. Licensees 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 Licensees take any other action resulting in damage to City property. 10. A. Licensees covenants and agrees that it shall operate and maintain the Water Well in compliance with all laws and regulations of the United States, the State of Texas, and the City governing design, construction, operation and maintenance. In altering, operating, using, and maintaining the Water Well, Licensees 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 Water Well 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 the commencement of such work. LICENSEES HEREBY RELEASES THE CITY FROM ANY RESPONSIBILITY OR LIABILITY IN ANY WAY RELATED TO THE WATER WELL. IN ADDITION, LICENSEES SHALL INDEMNIFY THE CITY IN ACCORDANCE WITH THIS AGREEMENT FOR ANY RESPONSIBILITY OR LIABILITY IN ANY WAY RELATED TO THE WATER WELL ASSERTED AGAINST THE CITY BY ANY THIRD PARTY OR BY LICENSEES. Licensees shall be solely responsible for maintenance of the Water Well. Licensees maintenance of the Water Well shall at all times be in compliance with City standards. LICENSEES HEREBY ASSUMES ANY AND ALL LIABILITY IN ANY WAY CONCERNING, RELATED TO OR RESULTING FROM THE WATER WELL, EITHER NONEXCLUSIVE JOINT LICENSE AGREEMENT Page 4 h DIRECTLY OR INDIRECTLY. In the event that the Water Well is destroyed or damaged by fire, flood, or any other cause, replacement or reconstruction of the Water Well shall be the sole responsibility of Licensees, and all costs for said replacement or reconstruction shall be paid by Licensees, and it shall be replaced or reconstructed according to plans and specifications approved in writing by the City. B. Licensees 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 Leased Premises and/or the License Area for the purpose of examining and inspecting the Water Well and all of its appurtenances to determine the compliance by Licensees with its obligations hereunder. 11. USES &ACCESS BY CITY A. LICENSEES 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 WATER WELL OR THE LICENSE AREA, THE CITY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR OTHER ADVERSE CONSEQUENCE RESULTING THEREFROM TO THE WATER WELL, THE LICENSE AREA OR THE LICENSEES. FURTHERMORE, LICENSEES SHALL PAY ANY AND ALL COSTS INCURRED BY THE CITY WITH RESPECT TO ANY NECESSARY DEMOLITION OR REMOVAL OF THE WATER WELL RESULTING FROM OR IN ANY WAY RELATED TO THE CITY'S ALTERATION OR MAINTENANCE OF THE LICENSE AREA. B. To avert an immediate hazard to the health, safety or welfare of any person or property caused by the Water Well, 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 Licensees, and Licensees agrees that it shall be solely responsible for all costs incurred therewith. Licensees covenants and agrees to promptly pay all such costs incurred by the City. 12. INDEMINIFICATION LICENSEES 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 NONEXCLUSIVE JOINT LICENSE AGREEMENT Page 5 WITH OR IN ANY WAY PERTAINING TO, DIRECTLY OR INDIRECTLY, THE DESIGN, CONSTRUCTION, USE, MAINTENANCE, LOCATION OR EXISTENCE OF THE WATER WELL. LICENSEES 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 LICENSEES 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 LICENSEES, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS, OR THE JOINT ACT OR OMISSION OF LICENSEES, ITS OFFICERS, OR SUBLEASES AND ANY OTHER PERSON OR ENTITY. 13. INDEPENDENT CONTRACTOR Licensees shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of the City. Licensees 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 for the acts and omissions of Licensees officers, agents, servants, employees, representatives and independent contractors. The doctrine of Respondeat Superior shall not apply as between the City and Licensees and nothing herein shall be construed as creating a partnership or joint enterprise between the City and Licensees. 14. NO REIMBURSEMENT Licensees expressly covenants and agrees that under no circumstances will Licensees ever be entitled, either directly or indirectly, to reimbursement for the Water Well within the License Area. Licensees covenants and agrees that when a public water system is available for connection, Licensees shall promptly, at Licensees sole cost and expense, including the payment of any and all connection, impact, and other fees, connect to the public water system, and, disconnect from the Water Well. 15. LIEN Licensees covenants and agrees that Licensees shall do no act nor make any contract that may create or be the foundation for any lien upon or interest in the License Area, 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 Licensees; Licensees, at Licensees NONEXCLUSIVE JOINT LICENSE AGREEMENT Page 6 �1_... sole expense, shall liquidate and discharge same within fifteen (15) days next after notice of filing thereof, and should Licensees fail to discharge same, such failure shall constitute a breach of the covenant herein and this Agreement and this Agreement shall terminate. 16. NOTICES 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 LICENSEES: Harry Adamson 7320 Love Circle Fort Worth, TX 76108 Kenneth and Janet Hawkins 7316 Love Circle Fort Worth, TX 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. 17. ENTIRE AGREEMENTIVENUE This Agreement constitutes the entire agreement between the City and Licensees, and it supersedes any prior oral or written agreements concerning Licensees use of the License Area. In any action brought by the City for the enforcement of the obligations of Licensees, the City shall be entitled to recover its court costs, expenses and reasonable attorney's fees from Licensees. 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. 18. COUNTERPARTS NONEXCLUSIVE JOINT LICENSE AGREEMENT Pacie 7 This Agreement may be executed in two or more counterparts, and it shall not be necessary that any one counterpart be executed by all of the parties hererto. Each fully or partially executed counterpart shall be deemed an original and all such counterparts taken together shall constitute one instrument. W-1 IN ITNESS WHEREOF, the parties hereto have executed this agreement on this day of , 20,,�5. LESSO : Crl' FOR RTH LICENSEES: Assistant City Manager Harry Adams 4-�c��f► ,1 \J Kenneth A. Ha ins J L. Hawkins ATTEST: : City Secretary APPROV AST FORM AND LEGALITY: Assistant City Attorney (2,-(&' 1 1 Contract Authori ion 1() I `CID Date NONEXCLUSIVE JOINT LICENSE AGREEMENT Paae 8 4 ; , f 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 state GIVEN UNDER MY HAND AND SEAL OF OFFICE thisA= day of 20 . . Notary Public for and in the State of Texas HETTIE LANE f MY COMMISSION EXPIRES +r July 26.2007 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, personally appeared Ham Adamson , known to me to be the person whose name is subscribed as LICENSEES to the foregoing Joint License 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 ay of o 2045. LISA A. SCOTFORD Notary Public in and or the Stat Texas Notary PUWW ' '` ' ` STATE OF TEXAS My comm.Ery•161/06/2007 NONEXCLUSIVE JOINT LICENSE AGREEMENT Page 9 �.w.aA STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, personally appeared Kenneth A. Hawkins, known to me to be the person whose name is subscribed as LICENSEES to the foregoing Joint License 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 exptherein. GIVEN UNDER MY HAND AND SEAL OF OFFICE this dresay of , 20615_. LISA A. SCOTFORD } � * Notary Public STATE OF TEXAS O W Cmn� � 10/06/2007 Not ublic in and for the StaQ of Texas STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, personally appeared Janet L. Hawkins , known to me to be the person whose name is subscribed as LICENSEES to the foregoing Joint License 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 ex ressed ereiw GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1, day of g&l , 2065. 7 LISA A. 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City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/18/2005 DATE: Tuesday, October 18, 2005 LOG NAME: 30WATERWELL REFERENCE NO.: **C-21091 SUBJECT: Authorize Approval of a Nonexclusive Joint License Agreement for Specific Use of a Private Water Well Located on Lease Property at 7308 Love Circle RECOMMENDATION: It is recommended that the City Council authorize approval of a five year license agreement with Kenneth A. Hawkins, Janet L. Hawkins and Harry Adamson for specific use of a water well located adjacent to and on the west boundary of 7316 Love Circle (Lot-18, Block 15, Lake Worth Lease Survey), commencing on April 1, 2003 and ending March 31, 2008 for an annual lease rate of$120.00 per household. DISCUSSION: On February 1, 1982, Karl C. and Ruth A. Spock entered into a 50-year lease agreement with the City to utilize the City-owned property located at 7308 Love Circle, Lot 19/131ock 15, Lake Worth Lease Survey. This lease with Mr. and Mrs. Spock was cancelled by the City on March 30, 1999, (M&C L-12467) in conjunction with the sale of a portion of Lot 19 to the Texas Department of Transportation (TxDot) for the expansion of State Highway 199. The remaining portion of Lot 19 is approximately 38,573 square feet in size and is currently un-leased and improved with a garage, a water well and well shed. The water well on the remainder of Lot 19 is the water source for the Lessee's on Lot 16 & 18. No municipal water is available to this area of Lake Worth Lease properties at this time. Therefore, in order to continue utilizing the existing water well, Janet and Kenneth Hawkins, Lessees of the neighboring Lot 18 and Harry Adamson lessee on Lot 16 desire to license, for their use the water well that remains on the City owned portion of Lot 19. The only use permitted under this License Agreement for the property will be for the operation & maintenance of the water well located on Lot 19. Any other use or benefit of the land surrounding the water well known as Lot 19 is not allowed as part of this license agreement The license fee per household will be $120.00 annually, totaling $240.00 per year. The property is located in COUNCIL DISTRICT 7 (Mapsco 45R). FISCAL INFORMATION/CERTIFICATION: The Revenue Office of the Finance Department is responsible for the collection and deposition of funds from this lease. Logname: 30WATERWELL Page 1 of 2 y FE70 442352 030001901000 $240.00 Submitted for City Managees Office by- Marc Ott(8476) Originating Department Head: A. Douglas Rademaker(6157) Additional Information Contact: A. Douglas Rademaker(6157) Logname: 30WATERWELL Page 2 of 2