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Grapevine Lake (Lot A-61-A and A-61-B) - Permanent Utility Easement4 , �i LICENSE NO. DACW63-3-98-0751 DEPARTMENT OF THE ARMY LICENSE GRAPEVINE LAKE TARRANT COUNTY, TEXAS THE SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, under authority of Title 10 United States Code, Section 2669, hereby grants to the City of Southlake, 667 N. Carroll Ave., Southlake, Texas 76092, hereinafter referred to as the grantee, a license for construction of a sanitary sewer line across tracts A-61-A and A-61-B, as identified in Exhibits A and B, attached hereto and made a part hereof, hereinafter referred to as the premises. THIS LICENSE is granted subject to the following conditions. 1. TERM This license is hereby granted for a term of one year, beginning September 01, 1998, and ending August 31, 1999, but revocable at will by the Secretary. 2. CONSIDERATION The consideration for this license shall be the construction, operation and maintenance of the premises for the benefit of the general public in accordance with the terms and conditions hereinafter set forth. 3. NOTICES All notices and correspondence to be given pursuant to this license shall be addressed, if to the grantee, to City of Southlake, 667 N. Carroll Ave., Southlake, Texas 75098-2408; and if to the United States, to the District Engineer, Attention: Chief, Real Estate Division, CESWF-RE-M, P. O. Box 17300, Fort Worth, TX 76102-0300; or as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly r °1 f�; given if and when enclosed in a properly sealed envelope addressed as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by the United States Postal Service. 4. AUTHORIZED REPRESENTATIVES Except as otherwise specifically provided, any reference herein to "Secretary", "District Engineer", or "said officer" shall include their duly authorized representatives. Any reference to "grantee" shall include any duly authorized representatives. 5. SUPERVISION BY THE DISTRICT ENGINEER The use and occupation of the premises shall be subject to the general supervision and approval of the District Engineer, Fort Worth District hereinafter referred to as said officer, and to such rules and regulations as may be prescribed from time to time by said officer. 6. APPLICABLE LAWS AND REGULATIONS The grantee shall comply with all applicable Federal, state, county and municipal laws, ordinances and regulations wherein the premises are located. 7. CONDITIONAL USE BY GRANTEE The exercise of the privileges herein granted shall be: a. Without cost or expense to the United States; b. Subject to the right of the United States to improve, use or maintain the premises. c. Subject to other outgrants of the United States on the premises. d. Personal to the grantee, and this license, or any interest therein, may not be transferred or assigned. 8. CONDITION OF PREMISES The grantee acknowledges that it has inspected the premises, knows its condition, and understands that the same is granted without any representations or warranties whatsoever and without any obligation on the part of the United States. 9. COST OF UTILITIES The grantee shall pay the cost, as determined by the officer having immediate supervision over the premises, of producing and/or supplying any utilities and other services furnished by the Government or through Government -owned facilities for the use of the grantee, including the grantee's proportionate share of the cost of operation and maintenance of the Government -owned facilities by which such utilities or services are produced or supplied. The Government shall be under no obligation to furnish utilities or services. Payment shall be made in the manner prescribed by the officer having such jurisdiction. 10. PROTECTION OF PROPERTY The grantee shall keep the premises in good order and in a clean, safe condition by and at the expense of the grantee. The grantee shall be responsible for any damage that may be caused to property of the United States by the activities of the grantee under this license, and shall exercise due diligence in the protection of all property located on the premises against fire or damage from any and all other causes. Any property of the United States damaged or destroyed by the grantee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the grantee to a condition satisfactory to said officer, or at the election of said officer, reimbursement made therefor by the grantee in an amount necessary to restore or replace the property to a condition satisfactory to said officer. 11. RESTORATION On or before the expiration of this license or its termination by the grantee, the grantee shall vacate the premises, remove the property of the grantee, and restore the premises to a condition satisfactory to said officer. If, however, this license is revoked, the grantee shall vacate the premises, remove said property and restore the premises to the aforesaid condition within such time as the District Engineer may designate. In either event, if the grantee shall fail or neglect to remove said property and restore the premises, then, at the option of said officer, the property shall either become the property of the United States without compensation therefor, or said officer may cause the property to be removed and no claim for damages against the United States or its officers or agents shall be created by or made on account of such removal and restoration work. The grantee shall also pay the United States on demand any sum which may be expended by the United States after the expiration, revocation, or termination of this license in restoring the premises. 12. NON-DISCRIMINATION a. The grantee shall not discriminate against any person or persons because of race, color, age, sex, handicap, national origin or religion. b. The grantee, by acceptance of this easement, is receiving a type of Federal assistance and, therefore, hereby gives assurance that it will comply with the provisions of Title VI of the Civil Rights Act of 1964 as amended (42 U.S.C. . 2000d); the Age Discrimination Act of 1975 (42 U.S.C. 6102); the Rehabilitation Act of 1973, as amended (29 U.S.C. 794); and all requirements imposed by or pursuant to the Directive of the Department of Defense (32 CFR Part 300) issued as Department of Defense Directive 5500.11 and 1020.1, and Army Regulation 600-7. This assurance shall. be binding on the grantee, its agents, successors, transferees, and assignees. 13. TERMINATION This license may be terminated by the grantee at any time by giving the District Engineer at least ten (10) days notice in writing provided that no refund by the United States of any consideration previously paid shall be made and provided further, that in the event that said notice is not given at least ten (10) days prior to the rental due date, the grantee shall be required to pay the consideration for the period shown in the Condition on CONSIDERATION. 14. ENVIRONMENTAL PROTECTION a. Within the limits of their respective legal powers, the parties to this license shall protect the premises against pollution of its air, ground and water. The grantee shall comply with any laws, regulations, conditions, or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials within the premises is specifically prohibited. Such regulations, conditions, or instructions in effect or prescribed by said Environmental Protection Agency, or any Federal, state, interstate or local governmental agency are hereby made a condition of this license. The grantee shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance. b. The grantee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs from the grantee's activities, the grantee shall be liable to restore the damaged resources. c. The grantee must obtain approval. in writing from said officer before any pesticides or herbicides are applied to the premises. 15. HISTORIC PRESERVATION The grantee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archeological, architectural or other cultural artifacts, relics, remains or objects of antiquity. In the event such items are discovered on the premises, the grantee shall immediately notify said officer and protect the site and the material from further disturbance until said officer gives clearance to proceed. 16. DISCLAIMER This license is effective only insofar as the rights of the United States in the premises are concerned; and the grantee shall obtain any permit or license which may be require by Federal, state, or local statute in connection with the use of the premises. It is understood that the granting of this license does not preclude the necessity of obtaining a Department of the Army permit for activities which involve the discharge of dredge or fill material or the placement of fixed structures in the waters of the United States, pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (33 U.S.C. 403), and Section 404 of the Clean Waters Act (33 U.S.C. 1344) . 17. ADDITIONAL CONDITION No excavated material or excess construction materials will be placed on fee or flowage easement lands. THIS LICENSE is not subject to Title 10, United States Code, Section 2662, as amended. IN WITNESS THEREOF, I have hereunto set my hand by authority of the Secretary of the Army, this day of ruc+ l 9 9� -7 H L . HE r Chief, Real Estate Divis,on THIS LICENSE is also executed by the grantee this day of ��brLWPI , 199�9 City of Southlake (Title) RETURN TO: CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY 1725 EAST SOUTHLAKE BOULEVARD SOUTHLAKE. TEMS 76092 CERTIFICATE certify that I am the of the city of Southlake, named as a grantee herein; that ��k '1 fit' who signed this License on behalf of the city of Southlake, was then �j�(:�/, / of the city of Southlake and that said License was duly signed for and on behalf of the city of Southlake by authority of its governing body and is within the scope of its legal powers. Date 1 4 i11 k6t&co (Tik e) i NOTE: Please have someone other than the person who signs the License, sign this form. W x� W F- z w w u� J H Z W Z rr W d rF 01: z a OW N W a F.. 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D199086457 THE CITY OF SOUTHLAKE ATTN CITY SECRETARY 1725 E SOUTHLAKE BLV SOUTHLAKE TX 76092 -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D O N O T D E S T R O Y INDEXED -- TARRANT COUNTY TEXAS S U Z A N N E H E N D E R S O N-- COUNTY CLERK O F F I C I A L R E C E I P T T O: CITY OF SOUTHLAKE RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 199209607 DR96 SW 04/08/1999 09:25 INSTRUMENT FEECD INDEXED TIME 1 D199086457 WD 19990408 09:25 CG T O T A L: DOCUMENTS: 01 F E E S: 25.00 B Y : ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.