SS9601-CS 960617P.O. Box 478
Coppell, Texas 75019
214-462-0022
June 17, 1996
Ms. Jan Seidner
DART
P.O. Box 660163
Dallas, Texas 75266-7230
RE: East Belt Line Road Sanitary Sewer Project (SS 96-01)
Dear Ms. Seidner:
Enclosed are three copies of the License Agreement signed by the City Manager alon~ with $100
for the first annual rental fee for the referenced project.
If you should have any questions please feel free to contact me at your convenience.
Sincerely,
K~nn~th M. Oriffin, P.E.
A~sistant City Manager/City Engineer
Dallas Area Rapid Transit
P.O Box 660163
Dallas, Texas75266-0163
214/749-3278
April 29, 1996
Mr. Kenneth M. Griffin, P.E.
Assistant City Manager/City Engineer
City of Coppell
P. O. Box 478
Coppell, Texas 75019
Re: License Agreement covering an 8-inch sanitary sewer pipeline crossing at Mile Post 605.2
East Belt Line Road Sanitary Sewer Project (SS 96-01)
Dear Mr. Griffin:
Three (3) License copies are submitted for review and approval. If satisfactory, please see that all
three License copies are signed by the city manager and returned to my attention together with the
first annual rental. Upon final approval and signature by DART's authorized representative, one
fully-executed License will be returned for City records.
DART's Standard Construction Agreement and Contractor's Right of Entry package is enclosed.
Please forward this package to the contractor to complete, sign and return to DART together
with evidence of insurance as outlined in the agreement. No work within DART property is
authorized until the properly completed documents are received and the required insurance is
approved by DART's Risk Management.
Please contact me at (214) 749-2917 if I can be of assistance to any of the parties regarding these
requirements.
Sincerely,
Jan Seidner
Manager, Railroad Facilities
Commuter Rail & Railroad Management
JMS:
Enclosures
CITY OF C~LL GENERAL FUND
iNV(~C~ OA'r~ ' MI,IMI~R AMOUNT OlS~OUWT AMQUMT PAll) ACCOUNT R~MARKll
6/14/~d D~T--I. X4:E zoo. O0 100. 00' LXCE/~ ~k~REEf~
PAY
TO THE
OYERTON BANK & TRUST
056826 ~ ~6e~6
VOID AFTER ~0 DAYS
DART AREA RAPID TRAIT
P.O..ox ~oz~
7~266-0],~'
TX
/?. ~ ...,';,.
POSGBSFaP ~.'i,J.&qO?60?~.' ~i,l, O00;~t, 6qu'
AGI~~ #
LICENSE AGREEMENT
THIS Agreement, by and between DALLAS AREA RAPID TRANSIT ("DART"), ·
regional transportation authority, cre,~ted, organized and existing pursuant to Chapter 452, Texas
Transportation Code, formerly Article 111By, V.A.T.C.S., as amended (the 'Act") and the CITY
OF COPPEI.IJ~ · municipal corporation, ("Licensee'), acting here'm by and through its duly
authorized city number, whose mailing address is P. O. Box 478, Coppeil, Texas 75019.
WITNESSETH:
1. Purpose. DART hereby grants a license to Licensee for the purpose of constructing,
installing, operating and maintaining one 8-inch sanitary sewer pipeline (the "Permitted
Improvements") crossing west of the Elm Fork Trinity River Bridge at lVfile Post 605.2 in
Coppell, D~II~ County, Texas, more particularly described as shown in Exhibits "A-l" and "A-2"
attached hereto and incorporated herein for all pertinent purposes, (the "Property").
The Property shall be used by Licensee solely for the purpose of constructing, installing,
operating and maintaining the Permitted Improvements (the "Permitted Uses"). Licensee's right
to enter upon and use the Property shall be limited solely to the Permitted Uses and the Permitted
Improvements.
2. Term. The term of this License shall begin on the lit of June, 1996 (the "Term") and
continue therea~er until terminated by either party as provided herein.
3. Consideration.
3.01. The consideration for the granting of this License shall be (a) payment by
Licensee to DART the sum of ONE HUNDI~I~D AND NO/100 ($100.00) DOLLARS per annum~
payable annually in advance (the "Licensee Fee"), and Co) the perfommnce by Licensee of each og
the obligations undertaken by Licensee in this License.
3.02. Any payment not received by DART by the 10th day after it i~ due, shall
bear a late charge of $25.00 to help offset the adminis~tive cost involved in handling such late
payment.
3.03. For any payment not received by DART by the 15th day after it is due,
such payment shall bear interest at the rate of 18% per annum from the date it was due until it is
paid, in addition to the late charge.
4. Non Ex~lu~iv~ License. This license is non-exclusive ~ is subject to (a) any existing
utility, drainage or communication facility located in, on, under, or upon the Property owned by
DART, any railroad, utility, or conununic~ion company, public or private; Co) to all vested rights
presently owned by any railroad, utility or communication comps% located within the boundaries
EastBeltLineRd/~96-0 ! 1 of 6
of the Property, and (¢) to any existi~ lease, iiceme or other interest in the Property ~ranted by
DART to any individual, corporation or other entity, public or private.
$. Design. Construction. _O~_er~__'_on end M~in*~ce, DAR~s use of the Property end
adjoining property will includ~ the use of doctri~ly powered equipment. Notwithstanding
DART's inclusion within its system of measures designed to reduce stray current which may cause
corrosion, Licensee is hereby warned that such measures may not prevent electrical current
being present in proximity to the Permitted Improvements and that such presence could
produce corrosive effects to the Permitted Improvements.
5.01. All design, construction, reconstruction, repot, re. mova~ operation
and maintenance of the Permitted Improvements on the Property shall be done in such a manner
so as not to interfere in any way with the operations of DART or other railroad operations. In
particular, cathodic protection or other stray current corrosion control measures of the Permitted
Improvements as required shall be made a part of the design and construction of the Permitted
Improvements.
5.02. During the design phase and prior to commencing any construction on the
Property, a copy of the construction plans showing the exact location, type and depth of the
construction, any cathodic protection ~es and any working area, shall be submitted for
written approval to DART and Railroad (the 'Railroad", whether one or more, when the
construction is 8oing to be within the area of Railroad operations). Such approval shall not be
unreasonably withheld. No work shall commence until said plans have been approved by DART
and Railroad.
5.03. By acceptance of this license, Licensee agrees to design and construct the
Permitted Improvements in such a manner so as not to create a hs=~rd to the use ofthe Property,
and further agrees to pay any damages which may arise by reason of Licensee's use of the
Property under this Agreement.
5.04. By acceptance of this license, Licensee covenants and agrees to institute and
maintain a reasonable testing program to determine whether or not additional cathodic protection
of its Permitted Improvements is necessary and if it is or should become necessary, such
protection shall be immediately instituted by Licensee at its sole cost and expense.
5.05 Absence of markers does not constitute a warranty by DART that there
are no subsurface installations on the Property.
6. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible
for and shall obtain, any and all licenses, permits, or other approvals from any and all
governmental agencies, federal, state or local, required to carry on any activity permitted herein.
7. DART'~ Standard Contngt ~ad ~. anco. No work on the Property shall be
commenced by Licensee or any contractor for Licemee until such Licensee or contractor shall
have executed DART's Standard Contractor's Agreement covering such work, and has furnished
insurance coverage in such amounts and types as shall be satisfactory to DART.
EastBel~96.01 2 of 6
8. Duty_ of' Care in Construction. Licensee or its contractor shall use reasonable care
during the cons~ period and thereaf~, to avoid damaging any existing buildings,
equipment and vegetation on or about the Property and any adjacent property owned by or under
the control of DART. If the failure to use reasonable care by the Licensee or its contractor causes
damage to the Property or such adjacent property, the Licensee and/or its contractor shall
immediately replace or repair the danmga at no cost or expense to DART. If Licensee or its
contractor fails or refuses to make such replacement, DART shall have the right, but not the
obligation, to make or effect any such repair or repot at the sole cost and expense
Licensee, which cost and expense Licensee agrees to pay to DART upon demand.
9. EnvirQnm~l prQtection.
9.01. Licensee shall not use or permit the use of the Property for any purpose that
may be in violation of any laws ~ to health or the environment, including without
limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980
("CERCLA"), the Resource Conservation and Recovery Act of 1976 ("RCRA"), the Texas Water
Code and the Texas Solid Waste Disposal Act.
9.02. Licensee warrants that the Permitted Use of the Property will not result in
the disposal or other release of any hazardous substance or solid waste on or to the Property, and
that it will take all steps necessary to insure that no such hazardous substance or solid waste will
ever be discharged onto the Property by Licensee or its Contractors.
9.03. The terms "hazardous substance" and "release" shall have the meanings
specified in CERCLA and the terms "solid waste" and "disposal' (or "disposed") shall have the
meanings specified in the RCRA; PROVIDV13, HOWEVER, that in the event either CERCLA or
RCRA is amended so as to broaden the meaning of any term defined thereby, such broader
meaning shall apply subsequent to the effective date of such amendment; and PROVIDED
FURTHER, that to the extent that the laws of the State of Texa~ establish a meaning for
"haz~dous substance", "release", "solid waste", or "disposal", which is broader than that specified
in either CERCLA or RCRA, such broader meaning shaH apply.
9.04. Licensee shah indemnify and hold DART and Railroad harmless against all
cost of environmental clean up to the Property resulting fi~om Licensee's use of the Property under
this Agreement.
10. Mechanic's Liens Not Permitted. Licensee shaH fully pay for aH labor and materials
used in, on, or about the Property and will not permit or suffer any mechanic's or materialmen's
liens of any nature to he affixed against the Property by reason of any work done or materials
furnished to the Property at Licensee's instance or request.
11. Maintenance of Completed Improvements. After the Permitted Improvements have
been constructed, they shall be maintained by the Licensee in such a manner as to keep the
Property in a good and safe condition with respect to Licensee'~ use. In the event the Licensee
fails to maintain the Property as required, upon discovery, DART shall notify Licensee of such
F_as~ei~ne. Rd/S~ 96-01 3
occurrence in writing. In the event Licensee shall not have remedied the failure within ten (10)
days from the date of such notice, DART shall have the fight, but not the obligation to remedy
such failure at the sole cost and expense of Licensee. In the event DART exercises its right ~o
remedy Licensee's failure, Licensee agrees to immediately pay to DART ail costs incurred by
DART upon demand.
12. Future Use b_v DART,
12.01. This ~ is made expressly subject and subordinate to the fight of
DART to use the Property for any purpose whatsoever.
12.02. In the event that DART shall, at any time subsequent to the date of this
Agreement, at its sole discretion, determine that the relocation of the Permitted Improvements
sln_all be necessary or convenient for DART's use of the Property, Licensee shall, at its sole cost
and expense relocate said Permitted Improvements so as not to interfere with DART's or DART's
assigns use of the Property. In this regard, DART may, but is not obligated to, designate other
property for the relocation of the Permitted Improvements. A minimum of thirty (30) days
written notice for the exercise of one or more of the above actions shall be given by DART.
13. Relocation Benefits. The parties hereto agree that the construction of the Permitted
Improvements on the Property is subsequent to the acquisition of the Property by DART and that
Licensee has and asserts no claim under the Act, or otherwise, regarding the payment of any and
all relocation benefits and that all costs associated with any relocation of such Improvements shall
be borne by Licensee.
14. Duration of License. This license shall terminate and be of no further force and effect
(a) in the event Licensee shall discontinue or abandon the use of the Permitted Improvements; Co)
in the event Licensee shah relocate the Permitted Improvements from the Property, (c) upon
termination in accordance with paragraph 19 of this Agreement, whichever event first occurs.
15. Compliance With Law~ ~d R _e~ulations. Licensee agrees to abide by and be
governed by all laws, ordinances and reb~ons of any and all governmental entities having
jurisdiction over the Licensee and by railroad regulations, policies and operating procodures
established by the Railroad, or other applicable railroad regulating bodies, and Licensee agrees to
indemnify and hold DART harmless fi-om any failure to so abide and all actions resulting
therefrom.
16. Indemnification.
16.01. Licensee shall defend, protect, and keep DART and Railroad forever
harmless and indemnified against and from any penalty or damage or charge imposed for any
violation of any law, ordinance, nde or resulation arising out of the use of the Property by
Licensee, its employees, officers, agents, contractors, or assilp~s, or those holdin~ under Licensee;
16.02. Licensee shall at all times protect, indemnify and it is the express
intention of the parties hereto that Licensee hold DART and Railroad harmless against and
~96-01 4
Licensee, its offlcers~ en~ployoo~ a~en~, cu~o~ m~l h~
16.03. ~~ ~ ~~ ~ ~~ ~D~T ~
f~ ~ out of ~y ~e of ~~, ~ ~oy~ o~ ~ ~n~ or ~ ~
~ r~ to ~ly ~ ~ ~o~ ~ ~ r~~ ~ ~m ~
17. A~ion U~n T~on of ~. ~ ~ ~ ~ ~* ~ ~y ~ ~t~
~ ~~ f~ ~y ~n ~~, ~, ~ ~ ~ D~T, ~ r~ve ~
~prov~ts ~ ~e~ o~ ~ ~ ~ ~ ~ ~ ~ to ~ ~~ ~
s~ rmore ~e ~o~ to ~ ~fion ~ e ~ ~ of ~fi~ of ~s Li~, ~
Li~'s ~le e~.
18. ~si~ent. Li~ ~ ~t ~ ~ ~ i~ ~ ~ ~ ~~ ~
w~le or ~ p~ or ~t ~y o~ ~ or ~ W ~ ~ ~ ~y ~t~ ~
· e prior ~en ~nt ofD~T ~ch D~T ~ und~ ~ o~a ~ ~aL
19. Meth~s of T~o~ ~s ~~ ~y ~ t~~ ~ ~y of ~e fo~o~
ways:
19.01. Written Agreement of both parties;
19.02. By either party giving the oflaer party thirty (30) days written notice;
19.03. By either pa,'W, upon failure of the other party to perform its obligations
set forth in this Agreement.
20. Miscellaneous.
20.01. Notice. When notice is permitted or required by this Agreement, it shall be
in writing and shall be deem~ delivered when delivered in person or when placed, postage
following addresses:
DART: Dallas Area P,~dd Transit
P. O. Box 660163
Dallas, Tex~ 75266-7210
ATTN: Railroad Managemem
LICENSEE: City of Coppdl
P. O. Box 478
Coppell, Texas 75019
ATTN: City Engineer
Either party may from time to time designate ~nother and different address for ~eceipt of
notice by giving notice of such change of addre~.
EastBel~96.01 5 of 6
20.02. Attorney Fees. Any signatory to this Agreement who is the prevailin8
party in any legal proceeding against any other signatory brought under or with relation to this
Asreement shah be entitled to recover court costs and reasonable attorney fees from the
20.03. .~..y.~]~g~. This Agreement shall be construed under and ~n
accordance with the laws of the State of Texas.
20.04. Entir,~y_ and Amendments. This Agreement embodies the entire agreement
between the parties and supersedes all prior agreements and understandings, if any, relating to the
Property and the matters addressed herein, and may be amended or supplemented only by a
written instrument executed by the party against whom enforcement is sought.
20.05. Parties Bound. This Agreement shall be binding upon and inure to the
benefit of the executing parties and their respective heirs, personal representatives, successors and
assigns.
20.06. N~ml;~r and Gender. Words of any sender used in this Agreement shall be
held and construed to include any other gender, and words in the singular shall include the plural
and vice versa, unless the text clearly requires otherwise.
IN WITNESS WttEREOF, the parties have executed this Agreement in multiple originals
this ~ day of ,19
LICENSOR: DALLAS AREA RAPID TRANSIT
BY:
LONNIE E. BLAYDES, JR.
Vice President
Commmer Rail & Railroad Management
LICENS~-~.: CITY OF COPPELL
Title:/'*/ "<"/~/~a. r,,~.~ ¢ r'
APPROVED AS TO FORM:
Office of DART General Counsel
~tLinaRd~96-01 6 of 6
EXHIBIT A-1