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STATE OF TEXAS § CONTRACT NO.
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 Shirley J. Maxwell, Lessee of Lot 6, Block 15, Lake Worth Lease
Survey to the City of Fort Worth, Texas, for the sole purpose of permitting the Lessee to
construct and install a pipe underneath Love Circle 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.
"Licensee" shall mean the Lessee of Lot 6, Block 15, Lake Worth Lease Survey
to the City of Fort Worth, currently Shirley J. Maxwell, and shall include the heirs,
successors and assigns of Licensee, as well as Licensee's agents, servants,_
UNDERGROUND LICENSE AGREEMENT Page 1
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 6, Block 15, Love
Circle Lake Worth Lease Survey to the City of Fort Worth, Texas, and also
known as 7360 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
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 constructing, operating and maintaining 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 renewal or in writing at least 90 days before the termination of this
Agreement. Either party may terminate this Agreement without cause upon at least
UNDERGROUND LICENSE AGREEMENT Page 2
r
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 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.
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.
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
UNDERGROUND LICENSE AGREEMENT Page 3 _
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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.
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 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.
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
UNDERGROUND LICENSE AGREEMENT Page 4
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.
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 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 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, 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 LPage 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.
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 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,
CONSTRUCTION, USE, MAINTENANCE, LOCATION OR EXISTENCE OF THE
DRAINAGE FIELD.
UNDERGROUND LICENSE AGREEMENT Pa
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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
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 t_-
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
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
UNDERGROUND LICENSE AGREEMENT Page 91
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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
927 Taylor Street
Fort Worth, TX 76102
TO LICENSEE: Shirley J. Maxwell
7360 Love 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.
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 1 ;
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
y
this day of 26 .
LESSOR: CITY OF FORT WORTH LICENSEE:
Assistant COMan e Shirley J. Ma II
ATTEST: :
Contract Authorization
Cit' Secretary
Y
Date
APPROV AS TO FORM AND LEGALITY:
As istant Ci y Attorney
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 _:Oday of
20
r Y P'•�
� `-•�o. ROSELLA BARNES
NOTARY PUBLIC
state or Texas Notary Public for and in the State of Texas
Comm. Exp. 03-31-2005
UNDERGROUND LICENSE AGREEMENT
v _
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, personally appeared Shirley J. Maxwell,
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
41z , 20
P1µr�t LISA A. SCOTFORD
Notary* t Kik Notary Public in and for the Sta of Texas
STATE OF TEXAS
4Fd MY Comm.Exp. 10/06/2007
UNDERGROUND LICENSE AGREEMENT
EXHIBIT N
Scale: 1"=40'
Yap of Surrey Show"I's
Underground Lateral
/� Drain Field
J being a tract of land 34,
out o 1717,
d. Wilcox Survey, No ,
sing a parcel of land out of that
® •tain tract as conveyed to the
,c City of Fort Worth by deed
C ecorded in Vol. 325, Pg. 386,
o D.R., T.C., TX
•, and also being a portion
-� o� of the
�b Casino Beach Golf
�-� ^j Lease Site
o in Love Circle Park
•,`� Q to Serve
Lease Site 6, Block 15
Lake Worth Leases
o•
� J
® Denotes a 5/8' Iron Rod set r/red capd
stamped 'CITY FT WORTH SURVEY AIVISION' a ,�•r,*•�' I
Note Surveyed on the ground August 2000. �7 Q tFg ,' of
Notes Basis of Bearings - South line of Lease Site 4, Block
Lake Worth Leases, as Is shown on the Lake Worth I ._rlNC K HANS
Maps, File J-175, nn unrecorded plat on file at the D
of Engineering, City of Fort Worth. / 478C
Note In accordance with the Texas Board of Professional / �,a7.
Land Surveying, General Rules of Procedures and Pra %1i` _ Department of Enaineerino
663.19(9), this 'report' consists of the Map of Survef/ I
herein and a real property description attached her f 'b6 y Division
Note- In accordance with the Texas Board of Professional f DATE 2=90ISCALE 1'=40'
Land Surveying, General Rules of Procedures and Pr(
663.19(7), 'The cited Instruments are not necessarily DRAWN BY—WL-FILE NO.-914=_
owner of the subject property, but are the docum
containing the descriptions of the boundaries as su,
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/2/2003
DATE: Tuesday, December 02, 2003
LOG NAME: 30MAXWELL REFERENCE NO.: **L-13710
SUBJECT:
Authorization of License Agreement for Septic Drain-Field to Service City-Owned Lake Worth
Property Located at 7360 Love Circle, Lot 6, Block 15
RECOMMENDATION:
It is recommended that the City Council authorize the approval of a septic drain-field license agreement with
Shirley J. Maxwell for City-owned Lake Worth property located across the road from 7360 Love Circle, Lot
6, Block 15, for a term of five years ending 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, Myrtle D. Long entered into a 50-year lease agreement with the City of Fort Worth for
the property located at 7360 Love Circle, Lot 6, Block 15. On August 20, 2003 the lease property was
transferred to Shirley J. Maxwell (Lessee).
The drain-field located across the road from 7360 Love Circle has been utilized by the lessees since it was
installed on July 18, 2000. 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 annually.
This license will be exclusively used for a septic drain field. The construction of other improvements on the
licensed property is specifically prohibited.
Once public sewer service is installed and available, the Lessee will be responsible for connection to this
public utility and will be responsible 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.
Logname: 30MAXWELL Pagel of 2
FE70 442302 030001901000 $280.00
Submitted for City Manager's Office b . Marc Ott (8476)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact: A. Douglas Rademaker (6157)
Logname: 30MAXWELL Page 2 of 2