HomeMy WebLinkAboutContract 30928 CITY 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 Alvin R. Marion, Owner ("Owner") of Lot 29, 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 Page 1
Alvin R. Marion September 24, 2004 ___� _
"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 29, Block 19, Lake Worth Lease Survey
to the City of Fort Worth, currently Alvin R. Marion, 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 29, Block 19, Lake
Worth Lease Blocks, in the City of Fort Worth, Tarrant County Texas and as
shown on the Plat recorded in Cabinet A, Slide 5216, Plat Records, Tarrant
County, Texas and also known as 4069 Peninsula Club Circle, Fort Worth Texas
("Lot 29, Block 19 Lake Worth Lease Blocks").
"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. Until a state approved municipal sewer
system is made available to Lot 29, Block 19, Lake Worth Lease Blocks, this
UNDERGROUND LICENSE AGREEMENT Page 2
Alvin R. Marion September 24, 2004
- V
Agreement may be renewed by Owner by giving written notice to City for consecutive
five (5) year terms under the same terms, except that the rental shall be increased by
8% for each renewal term. Either party may terminate this Agreement with cause upon
at least thirty (30) day 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. At the sole discretion of the city, portions of
the septic system may be abandoned in place in accordance with the specifications of
the city. Licensee expressly covenants, acknowledges and agrees that Licensee's
failure to pay rent or maintain the drainage field as required by ordinance or law cause
for which the City may terminate this Agreement after 45 days from the date of notice
from the City to Licensee of 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 Owned Premises; and that, under no circumstances,
will the Drainage Field be used for multiple residences or for commercial purposes.
UNDERGROUND LICENSE AGREEMENT Page 3
Alvin R. Marion September 24, 2004
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, and
any attempt to assign or sublease all or part hereof, shall be void and shall constitute a
breach of this Agreement; however, if the Licensee sells the Owned Premises, this
License shall automatically transfer to the new owner of the Owned Premises and this
License shall continue. Licensee further 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.
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 Peninsula Club Circle
(the roadway), that absolutely no cuts or holes of any kind of character will be made in
UNDERGROUND LICENSE AGREEMENT Page 4
Alvin R. Marion September 24, 2004
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
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
UNDERGROUND LICENSE AGREEMENT Page 5
Alvin R. Marion September 24, 2004
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 the 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;
(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 applicable
standards, policies and procedures of the United States, the State of Texas, and the
City governing design, construction, operation and maintenance. In constructing,
UNDERGROUND LICENSE AGREEMENT Page 6
Alvin R. Marion September 24, 2004
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.
Any subsequent repair, replacement or alteration of the Drainage Field must also be
submitted to the City with the plans and specifications therefore, and must be in
compliance with city, state and Federal laws, statutes, ordinances rules and regulations.
LICENSEE HEREBY RELEASES THE CITY FROM 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 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.
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 in compliance with City regulation and State and Federal Law,
UNDERGROUND LICENSE AGREEMENT Page 7
Alvin R. Marion September 24, 2004
and shall be accomplished as expeditiously as possible. Notwithstanding anything to
the contrary above, the Parties agree that so long as the use of the Drainage Field has
not changed and the Drainage Field is operating properly and in compliance with the
rules and regulation when it was constructed, Licensee shall not be required to make
any changes to the Drainage Field as it exists to comply with new rules and regulations.
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
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 in conformance with city, state and
Federal laws, ordinances, rules and regulations.
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.
UNDERGROUND LICENSE AGREEMENT Page 8
Alvin R. Marion September 24, 2004
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, LINDER 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.
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 necessary corrective actions. In addition,
Licensee shall be required to take all corrective actions to avert immediate hazard to the
health, safety or welfare of any person or property and the failure of Licensee to take
such action may result in termination of this License Agreement.
UNDERGROUND LICENSE AGREEMENT Page 9
Alvin R. Marion September 24, 2004
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.
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.
UNDERGROUND LICENSE AGREEMENT Page 10
Alvin R. Marion September 24, 2004
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
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,
UNDERGROUND LICENSE AGREEMENT Page 11
Alvin R. Marion September 24, 2004
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
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
UNDERGROUND LICENSE AGREEMENT Page 12
Alvin R. Marion September 24, 2004
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 OWNER: Alvin R. Marion
4069 Peninsula Club Circle
Fort Worth, Texas 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
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.
UNDERGROUND LICENSE AGREEMENT Page 13
Alvin R. Marion September 24, 2004
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
this day of , 20JW.
LESSOR: CITY OF FORT WORTH LICENSEE:
Assistant City Manager Marc A. Ott Alvin R. Marion
Assistant City Manager
ATTEST:
City Secretary
APPR T D LEGALITY:
t4�'�
Assists City Attorney
or.tract Authorizatiox
A- ��
=te
UNDERGROUND LICENSE AGREEMENT Page 14
Alvin R. Marion September 24, 2004
STATE OF TEXAS §
COUNTY OF TARRANT §
R"be-rT& Good e
BEFORE ME, the undersigned authority, personally appeared,Mare A. Gtt-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.
Ott ,
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,,�� day of
20 6q .
HETTIE LANE Notary Public for and in the State of Texas
MY COMMISSION EXPIRES
•gra July 26,2007
UNDERGROUND LICENSE AGREEMENT I Page 45 -�
Alvin R. Marion September 24, 2004
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, personally appeared Alvin R. Marion
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 Y day of
20
Y .. Linda Cartiidge
.1 MyComm7ssionExpires Notary Public in and for the State of Texas
December 08,2007
UNDERGROUND LICENSE AGREEMENT -Page, 6- �
Alvin R. Marion September 24, 2004
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DRAWING SHOWING
LATERAL LICENSE AREA AND
LATERAL FIELD FOR LOT 29, BLOCK 19
LAKE WORTH LEASES
100 n 100 O
S 1 = 100 -
°F DEpQG�3�MENTl
Notes Sewer Lateral crossing paved
areas rust be placed by boring a � � M OF
or tunneling. Excavation shall 3 MEE
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not be nearer than 5 from the P C) UR
edge of paving,
CONSTRUCTION ENGINEERING DIVISION
SURVEY SECTION
DATE OCT. 2L 1994 SCALE 1` = 100'
Re MW VL\LVU.%" DRAWN BY FDG FILE NO. J-175
ob. �.
City of Fort Worth, Texas
"111joir , and coun"'I conswunicalflon
DATE REFERENCE NUMBER LOG NAME PAGE
9/2/03 **L-13632 30MARION 1 of 2
SUBJECT AUTHORIZATION OF LICENSE AGREEMENT FOR SEPTIC DRAIN FIELD TO
SERVICE LAKE WORTH PROPERTY LOCATED AT 4069 PENINSULA CLUB CIRCLE,
LOT 29, BLOCK 19
RECOMMENDATION:
It is recommended that the City Council authorize the approval of a septic drain field license agreement
with Alvin R. Marion for City-owned Lake Worth property located across the road from 4069 Peninsula
Club Circle, Lot 29, Block 19, 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, H. G. Wells originally entered a 50-year lease agreement with the City of Fort
Worth for the property located at 4069 Peninsula Club Circle, Lot 29, Block 19. On January 2, 2001
(M&C L-12968), the City approved the sale of the lease property to Alvin R. Marion.
The owner of the Lake Worth lease survey property has been using this drain field since the City sold
the property. However, utilization of the City-owned property as a septic drain field 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 Mr. Marion and to define
the license fee in the amount of $280 annually.
This license will be used exclusively 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, Mr. Marion will be responsible for connection to
the public utility and will be responsible for ensuring the proper abandonment of the septic tank system
at his sole expense.
The property is located in COUNCIL DISTRICT 7, Mapsco 45S.
AM, ....
City of Fort Worth, Texas
4volljor And coun"'I communicalflon
DATE REFERENCE NUMBER LOG NAME PAGE
9/2/03 **L-13632 I 30MARION 2 of 2
SUBJECT AUTHORIZATION OF LICENSE AGREEMENT FOR SEPTIC DRAIN FIELD TO
SERVICE LAKE WORTH PROPERTY LOCATED AT 4069 PENINSULA CLUB CIRCLE,
LOT 29, BLOCK 19
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Revenue Division of the Finance Department is responsible for
the collection and deposit of funds from this license agreement.
MO:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
FE70 442142 03000901000 $280.00
Marc Ott 8476
Originating Department Head:
Douglas Rademaker 6157 (from) APPROVED 09/02/03
I
Additional Information Contact:
Douglas Rademaker 6157