On this the day of , 20 , the parties hereto, The City of Wake Village, Texas, hereinafter referred to as the City and , hereinafter referred to as the Owner, entered into this agreement for the use of certain right-of-way of the City by the Owner in recognition of the following facts and according to the following terms and conditions:
is the owner of Lot No. Block also known as Wake Village, Bowie County, Texas.
The City of Wake Village, Texas is an incorporated city under the general laws of the State of Texas.
The Owner desires to install a lawn sprinkler system in accordance with the plans and specifications attached to this agreement and made a part hereof to be partially installed in a right-of-way owned by the City of Wake Village, Bowie County, Texas.
The parties hereby understand and agree that the Owner shall be allowed to place sprinkler heads and lines in the right-of-way area owned by the City, and operate the system under the conditions as hereafter set out.
The Owner understands and agrees that he or she will remove all sprinkler heads and water lines in the sprinkler system and any other wires, components, or parts thereof at any time the city requires access to the right-of-way for any reason. The Owner will be liable and responsible for all expenses and costs incurred in the removal and replacement of the water lines and the City shall not be liable and responsible for any costs, damages and expenses or other amounts due or claim due as a result of its ordinary and necessary use of the right-of-way.
The parties further understand and agree that this allowed usage shall be a covenant, running with the land in such a way that a future owner will have the right to continue to use the right-of-way for the placement of water sprinklers, lines, wires, and other components as shown on the plans and specifications but shall be also liable for the removal, cost of the removal, and replacements of the sprinkler, wires, lines, and other components, at his or her expense, should that be necessary.
The City shall give as a matter of policy 24-hours’ notice to the Owner or any successive Owner prior to its entry on the right-of-way unless the entry is necessitated by the need to make an emergency repair or modification. The Owner shall be responsible for removal of the system and further agrees that, in the event that there are emergency repairs or emergency modifications necessary, the City may remove the system as required in order to enter the right-of-way and that all costs of replacement and repairs shall be at the expense of the Owner.
The parties further understand and agree that the City incurs no liability, expense, cost, damages and the Owner binds himself, his or her successors and assigns and future owners of the realty to hold the City harmless and reimburse the City for any suits, damages, costs and expenses, due or alleged to be due as a result of the installation or operation of the sprinkler system in the right-of-way.
Signed by the parties hereto on the day of , 20___.
APPROVED: AGREED:
City Superintendent Owner
ACKNOWLEDGMENT
On this the day of , 20 there appeared before me , known to me to be a credible person and being the person whose name is subscribed to the above and foregoing instrument, as the owner of the described premises, who on his or her oath deposed and said that the facts contained herein were true and correct and that he or she had executed the instrument for the purposes and considerations herein expressed and that he or she signed the instrument in my presence.
Notary Public, In and For
Bowie County, Texas
My Commission Expires