HomeMy WebLinkAboutMartin - 1026 Oak LeafLICENSE AGREEMENT
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 Jay
Martin , with a current mailing address of 1026 Oak Leaf Street , La Porte, 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: 1026 Oalc Leaf Street ), between
property line and edge of abutting roadway.
II.
This License shall be revocable at the will of the Licensor. Upon revocation, Licensor
retains the right to cause removal of the lawn irrigation system.
This License conveys no personal privilege to the Licensee apart from those generally
exercised by the citizens of the community.
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.
V.
Licensee agrees that Licensee will not use or suffer or permit any person to use in any
manner whatsoever the licensed premises or any portion thereof for any purpose calculated to
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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 Lite 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
jointly with said Licensee, his 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.
• An executed License Agreement (between the property owner and the City) is
required prior to the permit issuance.
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VIII.
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 under 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 banlaupt 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
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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
premises.
XII.
Any notices provided to be or required to be given by the terms of this agreement may be
delivered to the party notified by leaving the same at the party'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.
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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 g day
of , A.D., 201a .
AGREEMENT BY LICENSEE:
Printed Name
Sign ure
THE STATE OF TEXAS
COUNTY OF HARRIS '
This instrument was acknowledged before me on g fl �`} `��, 20J a
NOTARY PUBLIC 1N AND FOR
THE STATE OF TEXAS
My Commission Expires: 1 1 CJ�LO_/tYLL� n_. 1'n\ i o! V� 1 `t.
Name: KR y Go Y ission Expires
CJ PSTIN
My Commission Expires
L((November 19, 2014
E^
A nnn �1 TUn.� lw
July 2012
THE
OF PLANNING
PUBLIC WORKS
CITY OF LA PORTE, TEXAS
X /V N�w'rr O
DEBBIE WILMORE, CHIEF BUILDING OFFICIAL
THE CITY OF LA PORTE, TEXAS
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