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HomeMy WebLinkAboutBarnes - 3322 Valley BrookT. T. JkJi�) 1 1 2013 LICENSE AGREEMENT C©� Y THE STATE OF TEXAS ' KNOW ALL MEN BY THESE PRESENTS; COUNTY OF RABBIS ' This License is granted by the City of La Porte, a municipal corporation, 604 W Fairmont Parkway, La Porte, Harris County, Texas 77571, hereinafter called "Licensor", to 2(ne S with a current mailing address of 3322 �2��roo k, LaPorte, Harris County, Texas, hereinafter called "Licensee". WITNESSETH I. Licensor hereby grants unto Licensee a license to use as a location for an lawn irrigation system, all that certain tract or parcel of land lying and being situated in the City of La Porte, Harris County, Texas, being more particularly described as the street right-of-way abutting subject owners property (Address: 3�J 2 Z \12 L42.�4 00 <, ), between property line and edge of abutting roadway. II. Tlus License shall be revocable at the will of the Licensor. Upon revocation, Licensor retains the right to cause removal of the lawn irrigation system. T7us License conveys no personal privilege to the. Licensee apart from those generally exercised by the citizens of the community, JIJiV i 1 20ri IV. THE CITY SHALL NOT, NOR SHALL ANY OFFICER OR EMPLOYEE THEREOF, BE LIABLE AND/OR RESPONSIBLE FOR ANY ACCIDENT, LOSS, OR DAMAGE HAPPENING OR OCCURRING WHILE LICENSEE IS IN POSSESSION OF SAID PREMISES AND LICENSEE SHALL INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM 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 OR DEATH TO ANY PERSON, OR FOR DAMAGE TO ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE PREMISES OR WORK DONE BY LICENSEE, ITS AGENTS, SERVANTS OR EMPLOYEES UNDER THIS AGREEMENT OR CONNECTED THEREWITH WHERE SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED BY THE CITY'S SOLE NEGLIGENCE OR THE JOINT NEGLIGENCE OF THE CITY AND ANY OTHER PERSON OR ENTITY. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH LICENSEE AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY LICENSEE TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF THE CITY'S OWN NEGLIGENCE WHETHER THAT NEGLIGENCE IS THE SOLE OR CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE, 0 I Licensee agrees that Licensee will not use or suffer or pernut any person to use in any manner whatsoever the licensed premises or any portion thereof for any purpose calculated to Page 2 of 6 1lJN I 1 20P?. injure the reputation of the premises or the neighboring property. Licensee shall not obstruct streets, stop citizens using the streets, or violate the privileges or immunities guaranteed to the Licensor. Licensee shall not use the licensed premises in violation of the laws of the United States or the State of Texas or the ordinances of the City of La Porte (except as specifically waived herein), or for any immoral or unlawful purpose whatsoever. Licensee shall not suffer or permit nuisances upon the premises and will at all times keep the premises in a neat, clean and sanitary condition. Licensee, at all times, shall comply with any and all laws, ordinances, rules and regulations of Federal, State; and local authorities, including all laws, rules and regulations respecting fire and hazard. VI. Licensee shall pay any judgment which may be obtained against the City either alone or joinfly with said Licensee, lus agents or employees, for any injury or damage to persons or property by reason of nonperformance, by reason of the acts or omissions of Licensee; and further provided that if the City alone be sued for such injury or damage, immediate notice in writing shall be given to Licensee to appear and defend such actions. VII. Licensee shall use the licensed premises solely for the purposes of a lawn irrigation system, which shall conform to the following specifications: ® Lines, heads and nozzles are authorized within the street rights -of -way; however, in accordance with State Irrigation Laws, heads and nozzles shall be placed to minimize overspray onto impervious surfaces and minimize run-off into street rights -of -way. o An executed. License Agreement (between the property owner and the City) is required prior to the permit issuance, Page 3 of 6 1tJP! I ! 2M Licensee has inspected and is familiar with the condition and lack of condition at the licensed premises, accepts the same in every part and present condition without representation or warranty, expressed or implied, as to the condition, fitness, safety or suitability of same or any part thereof for Licensee's uses and purposes. IX. Licensee shall, at his own cost and expense, provide for servicing the licensed premises and all improvements thereon and the Licensee shall be responsible for all costs and charges in connection therewith, and agrees to pay the same properly as such charges accrue, and to protect, indemnify and save the Licensor harmless from and against any and all liability for such costs or charges. X. This license and the rights render it shall not be sublet, transferred or assigned, voluntarily or involuntarily, in whole or in part, by Licensee without the prior written consent of Licensor, and no subletting, transfer of assignment otherwise consented to shall release or relieve Licensee of its obligations under this License Agreement unless expressly included in such consent. XI. It is agreed that if Licensee shall become insolvent or adjudged bankrupt or a receiver shall be appointed for Licensee's property or if execution is issued against Licensee's interest in this license in any manner by operation of law passes to a person other than Licensee or if Licensee shall make default in any of Licensee's agreements or undertakings herein contained, or shall fail to observe or comply with any of the terms, conditions or provisions of this license to be observed or performed by Licensee, then in any such case or event this license shall, at the Page 4 of 6 JUN112013 option of the Licensor, immediately cease and terminate, and upon the occurrence of any one or more of such defaults or events or upon the termination of this license, however such termination may be brought about, whether by an election to terminate the same under one or more of the foregoing provisions, or otherwise, Licensor may immediately come or at any time thereafter, reenter said premises without giving notice, and without notice or demand in writing, and remove all persons and things therefrom, with or without a legal process and without prejudice to any of Licensor's other legal rights, using such force as may be necessary or proper for the purpose, and any and all claims for damages by reason of such reentry or the form or manner of such reentry or the taking possession of said premises are hereby waived as also are all claims for damages by reason of any distress warrants or proceedings by way of sequestration, forcible entry and detainer or other legal action which Licensor may employ to recover possession of said pxemrses. XII. Any notices provided to be or required to be given by the terms of this agreement maybe delivered to the parry notified by leaving the same at the parry's place of business at the address hereinabove specified or such notice may be sent to the party to be notified by United States certified mail, return receipt requested; and the date upon which notice is given or returned by the Postal Department shall be the date upon which the same is left at the place of business of the party to be notified if such means is selected, or if sent by United States certified mail, return receipt requested, such date of notice shall be conclusively deemed to have been received on the date shown on the return receipt card as the date of receipt thereof, or, if not accepted at said address, then on the date that the letter is returned to the City. Page. 5 of 6 JU>ii I 1 2013 IN WITNESS WHEREOF, the City of La Porte, Licensor, has caused this License to be _ executed by the Director of Planning. Licensee, likewise, has caused this License to be executed in duplicate originals, both of which shall be of equal force and effect, on this the i 1 day of A.D., 20—B-1 AGREEMENT BY LICENSEE: Printed Name' A )1 Signature THE STATE OF TEXAS' COUNTY OF RABBIS ' This instrument was acknowledged before me on 20 3 b LOZ '64 �a4wan0N s91103 uolsslwwo� 6W NI1Sdvo 3ilW 3l1SAHN My �mmission Expixes: Name: Pf1� NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 0 M/�� 1 t�CK, DIRE'�"1'OR OF PUBLIC W9RKS HE CI OF LA RTE TEXAS X //�� 43 HEBBIL' F)INCT OFFICIAL Jow 6artal THE CITY OF LA PORTE,, TEXAS July 2012 �p ' R" m v\ \A't nz <�X q\6t2 k S:\City Planning. Share\ALPHA-I\01-INSPECTIONS DIVISION\InspectionsUcencse Agmt Sprinklers in R-O-W.doc Page 6 of 6 City of La Porte 604 W Fairmont Pkwy La Porte, Tx77571 (281)470-.5073 INSPECTION LINE:(281) 470-5130 ****BUILDING PERMIT**** -------------------------------------------------------------------- Application Number . . . . . 13-00000507 Date 5/02/13 Property Address . . . . . . 3322 VALLEY BROOK DR UB HCAD Number: 087-279-000-0006 Alternate Search Method: Application type description MISCELLANEOUS. Subdivision Name . . . . . FAIRMONT PARK SEC 1 Property Use . . . . REAL RES SINGLE FAMILY Property Zoning . . . . . . . RES - LOW DENSITY Application valuation . . . . 2500 -------- - - ---- Type of Work IRRIGATION SPRINKLER SYSTEM ---------------------------------------------------------------------------- Owner Contractor BARNES BETTY FLORI-TEX LANDSCAPING 3322 VALLEY BROOK DR UB PO BOX 8121 LA PORTE TX 775714238 PASADENA TX 7750E (713) 941-5402 --- Structure Information 000 000 IRRIGATION Construction Type . . . . WOOD FRAME Occupancy Type RESIDENTIAL Flood Zone ZONE AE _----------------------------------- _----------------- _______________________ Permit . . . . . BLDG PERMIT -LAWN SPRINKLER Additional dose SPRINKLER SYSTEM Permit pin number 430793 Permit Fee . . . . 35.00 Plan Check Fee .00 Issue Date . . 5/02/13 Valuation . . . 2500 Expiration Date . . 10/29/13 Qty Unit Charge Per SASE FEE Extension � %-II-l3- �w d lawn 5� rin�ler a�reempn� - &nd�.�-4-Mro��h S i C��^�iv PJ City of La Porte 604 W Fairmont Pkwy La Porte. Tx 77571 (281)470-5073 INSPECTION LINE:(.281) 470-5130 ****.BUILDING PERMIT**** Page 2 Application Number A 13-00000507 Date 5/02/13 ----------------------------- _______________________________________________ Special Notes and Comments AGREEMENT. 5. Notify the city of La Porte to any changes in scope of work. 6. A moisture / rain sensor shut off device required. - 7. Call for Inspections before back filling any trenches. 8. Irrigation heads and nozzles shall be placed and adjusted to minimize overspray onto impervious surfaces and minimize run-off into the street right of way. 9. Final Inspection required to verify spray patterns. 10, No spray allowed outside the property. 11. Backflow certification must be attached to backflow preventer at the time of Inspection. 12. Separate permit required for any electrical work. Fee summary Charged Paid Credited Due _________________ __________ ____________________ ------ Permit Fee Total 35,00 35.00 .00 .00 Plan Check Total .00 .00 .00 .00 Grand Total 35,00 35.00 .00 .00 __________________________________ A. -------- ------- ----------- --------- � (SIGNATURE OF CONTRACTOR OR AUTHORIZEDrAGENT DATE (APPROVED BY BUILDING OFFICIAL OR AUTHO R/I'Z ED AGENT) DATE