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Home My WebLink AboutContract 35790CITY SECRETARY�� 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 County, Texas, and Daniel Deetz and Tresa Deetz, Lessees of Lot 34, Block 14, Lake Worth Leases Addition to the City of Fort Worth, Texas, for the sole purpose of permitting the Lessees to construct and install a pipe underneath Love Circle and for installing a drain field on 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 Lessees' 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 "Licensee" shall mean the Lessee of Lot 34, Block 14, Lake Worth Leases Addition to the City of Fort Worth, currently Daniel and Tresa Deetz, 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; the actual lessee of the Leased Premises; anyone claiming ownership of the leasehold interest in the Leased Premises; and/or anyone in actual possession of the Leased Premises. "Leased Premises" shall mean the property located at Lot 34, Block 14, Lake Worth Leases Addition to the City of Fort Worth, Texas, and also known as 7424 Love Circle. "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. 2. The City does hereby license and grant to Licensee, for and in consideration of one hundred fifty-five Dollars ($155.00) to be paid annually on September 1 of each year this License is in effect, and the further agreements of the parties as expressed herein, the privilege of constructing, operating and maintaining an underground Drainage Field within the License Area. � The term of this Agreement shall expire or terminate on August 31, 2012 unless a prior termination is effected by either party hereto pursuant to the termination provisions expressed within the body 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 UNDERGROUND LICENSE AGREEMENT Page 2 m pursuant to this paragraph, Licensee shall be obligated to remove all 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. � 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. 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 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 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 UNDERGROUND LICENSE AGREEMENT Page 3 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. � 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 Love 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. r� 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 UNDERGROUND LICENSE AGREEMENT Page 4 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. : 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 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; UNDERGROUND LICENSE AGREEMENT Page 5 (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 served in a larger diameter service tine, 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, rules 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 the commencement of such work. LICENSEE HEREBY RELEASES THE CITY FROM UNDERGROUND LICENSE AGREEMENT Page 6 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, 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. Q 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 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 UNDERGROUND LICENSE AGREEMENT Page 7 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. 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. UNDERGROUND LICENSE AGREEMENT Page 8 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. 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, CONSl'RUCTION, USE, MAINTENANCE, LOCATION OR EXISTENCE OF THE 17:7t\1►/_�r]��I�� UNDERGROUND LICENSE AGREEMENT Page 9 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 pertormed 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, UNDERGROUND LICENSE AGREEMENT Page 10 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 LIABILITX AS A RESULT OF SUCH REMOVAL, AND LICENSEE HEREBV 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. : 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 UNDERGROUND LICENSE AGREEMENT Page 11 discharge same within fifteen (15) days next after notice of filing thereof; and should 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 900 Monroe Street, Suite 302 Fort Worth, TX 76102 TO LICENSEE: Daniel Deetz and Tresa Deetz 7424 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. 20. 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 UNDERGROUND LICENSE AGREEMENT Page 12 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 this i� day of .�/ �%1.��?� ,�� ;) , 2�� _ , LESSOR: CITY, FORT WORTH / /, Assistant ity Manager ATTEST: LICENSEE: c / aniel D tz / � LICENSEE: � , i ' �. ,�� / � G�� ' .�,��,' City Secreta Tr eetz APPROVED AS TO FORM AND LEGALITY: � 1 � ' '� ;/ �- � Assistant City Att rney __ l� 1��0� Cont� t � t_horiza�ti.o� �,.,� __ �� _ t�a�c� UNDERGROUND LICENSE AGREEMENT Page 13 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<:�y X�.,�� 20 �`'� . �.�'� r�"�� = �_ Notary Public for and in the State of Texas =�a�'�'`'A"`?;�;-, HEf ilE LA,NE =*:r�'''*: MY COMMISSIUN FXPIRES es � '' �,F �;±?' July 26, 2011 UNDERGROUNDLICENSEAGREEMENT Page 14 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, personally appeared Daniel Deetz, 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 `N� � �� f , 20� ``ao��Ps►��nl Clifford F Lichtenberger ; _ '_ Notary Public, State of Texas ;.;��.,= My Commission Expires: ��''f �«�`�' February 14, 2008 •�-,�,��„��` � _�, ��,�� ;� � - Notary lic in and for the State of Texas UNDERGROUND LICENSE AGREEMENT Page 15 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, personally appeared Tresa Deetz, 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 �-, f,°,(,�, 20 (�� . �� ",AI' 14�4i `,,+o..,. b,�,, Clifford F Lichtenberger " _ ": Notary Public, State of Texas �;r ��; My Commission Expires: �'�`Oi``' Februa 14 200g -,,,,,,,,� ry , � � �� j� J ._ Notary�Public for and in the State of Texas UNDFRGROUND LICENSE AGREEMENT Page 16 � �o � � /;� ��i +x �'` NO�� . �1 fHAt PO�t I ON QN 1'H� 9ttlPLY 1.1 Nr 1MH I GM �A0Bf.5 t�wNrAtN 4lN� G 1�GI+� OHAktr 0� ' S4*EV�p' 1 N A i.A�LF� 01 hµiSi�' 6GMf t0 fVG f1P�� PR 6sTSFR? rOR tN� GR0651M4 G16lANG� /LlJ6 !' 1 Vi rf it p I YH�lt b i O�F. staR�ba r�N�.�� 2 e �0 6�I�Jd� � ��t�ou ,�, �UMP rANK bK�VITY LIN� (rx M�N�MUM ��C�a� .... .. OQ� *� �r`+� a�,qa � r�� , `� � � � ', 4 � � �� '�� (�� 0 � b � � llll � i'l,��Ca �Gv� P • �,�� fp ' �') �i'�.?t� . ��,i��,p�t� fr,c�� M� � � � � �� 1 � 5' ' , �,4° f'R� �Ng R� . 6Gn�� • �, � �� +St-OPd APPRDX• �� • �,. �'��Gftu� �y�4L . ...._ � �f�'�` p��b�p r� Aa,�Nvp��n � : l 0�'� �� . .. .,`�}(�) � Qt tQt-�Q , �� + y�ti Qti� � � ( � ! r'' l �+ \�,U � ! ,' r v �� j� �� 500 6ALLON � ��(/ t � `� . ' 3UR�6' TANK i I . � ,,� � � �-'. � � -- ►'\ " /� � ♦ ' _o' +� 0 1 �' � °�'srq� j �' . 1 �,.f� o ''O f� ' �. � � � - I� . �F� , �-'.—� � / � �. '' " �` *� �- � ! -"ti��,r I / ti t � � t s 2,Q0 3P � I�650�PfiY� D55f . ..... •j• -- -• ' 6�,.. • ]' i1'IP� � � • X)gr� l�p�p�PT 1 Y� tR�MGH +�t a p r�Nes �K�''- UGG a Aa,�NP�N�Q �yS�M LAYOUT Exhibit A �, City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/4/2007 DATE: Tuesday, September 04, 2007 LOG NAME: 30DEETZ SEPTIC Page 1 of 2 REFERENCE NO.: **L-14385 SUBJECT: Authorize the Renewal of an Underground License Agreement with Daniel and Tresa Deetz for a Septic Drain-Field Located on City Owned Property Adjacent to 7424 Love Circle and Now Known as Lot 34, Block 14, Lake Worth Leases Addition RECOMMENDATION: It is recommended that the City Council authorize approval of a five year Underground License renewal with Daniel and Tresa Deetz for City owned Lake Worth property located adjacent to the property located at 7424 Love Circle (Lot 34, Block 14, Lake Worth Leases Addition), commencing on September 1, 2007 and expiring on August 31, 2012 for an annual license fee of $155. DISCUSSION: On February 1, 1982, Veta M. Milligan and Cliffordeene A. Ertelt originally entered into a 50 year lease agreement with the City of Fort Worth for the property located at 7424 Love Circle, Lot 34, Block 14, Lake Worth Lease Addition. The Lease was transferred to Daniel and Tresa Deetz on December 1, 2005. Due to the lot size, location of the improvements on the lot and topography, Lot 34 is unable to accommodate the required septic drain field needed to service the improvement. City water and sewer services have not yet been extended to serve this area of Lake Worth. Therefore, it has been customary in such situations to locate a drain-field on additional City owned property adjacent to or in close proximity to the original site. Once public sewer service is installed and available, Daniel and Tresa Deetz will be responsible for connection to this service at their own expense. The original five-year lease for the Septic Drain-Field began on September 1, 2002 and is due to expire on August 31, 2007. The Underground License Agreement provides one option to renew for one five-year term under the same terms and conditions. The Deetz's have submitted a written request to exercise the final renewal term of five-years. Staff recommends that this renewal be granted for the final five year term expiring on August 31, 2012 at the rate of $155 annually. The property is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Engineering Department is responsible for collecting and deposit of funds due to the City under this agreement. TO Fund/Account/Centers FROM Fund/Account/Centers http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 10/15/2007 FE70 442352 030001901000 155.00 Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: http://www. cfwnet. org/council�acket/Reports/mc�rint. asp Marc A. Ott (8476) A. Douglas Rademaker (6157) Leon �Ison (8883) Page 2 of 2 10/15/2007