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SS9402-CS 950807Dallas Area Rapid Transit P.O. Box 660163 Dallas, Texas75266-0163 214/749-3278 August 7, 1995 Mr. Kenneth M. Griffin, P.E. Assistant City Manager/City Engineer City of Coppell P. O. Box 478 Coppell, Texas 75019 Re: License Agreement No. 950804 covering one 15-inch sanitary sewer pipeline crossing and one 8-inch sanitary sewer pipeline paralleling a distance of 166 ft. at Denton Tap Road, Mile Post 608.35 in Coppell Dear Mr. Griffin: Enclosed is a fully-executed agreement as referenced for your records. Should you need to contact us in the future regarding this license, please refer to the agreement number referenced above. Before any work within DART property is authorized, we require the Construction Agreement and Constractor's Right of Entry to be completed and insurance from the contractor approved by DART's Risk Management. If I can be of assistance, please contact me at (214) 749-2917. Sincerely, "~ ~Seidner Commuter Rail & Railroad Management IMS: Enclosure LICENSE AGREEMENT THIS Aip'eement, made by and between DALLAS AREA RAPID TRANSIT ("DART"), a regional transportation authority, created, organized and existing pursuant to Article 1118y, V.,~T.C.S., as amended (the "Act") and the CITY OF COPPELL, a Texas municipal corporation, ("Licensee"), acting here/n by and through its duly authorized city official, whose mailing address is P. O. Box 478, Coppel[, Texas 75019. WITNESSETH: 1. ~ DART hereby grants a license to Licensee for the purpose of constructing, installin& operati~ nmi maintainin8 one 15-inch sanitary sewer pipeline crossin~ within Denton Tap Road and one 8-inch sanitary sewer pipeline paralleling a distance of 166 feet within the right of way with manholes (the "Permitted Improvements') at IVfde Post 608.35 in Copped, Dallas County, Texas, more particularly descn'oed as shown in Exh?oits "A-1" 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 pipelines (the "Permitted Uses"). L/cemee's right to enter upon and use the Property shall be limited solely to the Permitted Uses and the Permitted Improvements. and continue thereafter until terminated by either party as provided herein. 3. Consideration. 3.01. As consideration for the ~mntin~ of this License, Licensee shall pay to DART the sum of THREE HUNDRED AND NO/100 ($300.00) DOLLARS per annum, payable annually in advance (the "Licensee Fee"). 3.02. Any payment not received by DART by the 10th day after it is due, shah bear a late charge of $25.00 to help offset the administrative cost involved in handling such late payment. 3.03. For any payment not received by DART by the tSth day after it is due, such payment shall bear interest at the rate of I~/i per nnnum ~om the date it was due until it is paid, in addition to the late charge. 4. Non Exclusive License. This license is non-exclusive and is subject to (a) any existin~ utility, drainage or communication facility located in, on, under, or upon the Property owned by DART, any railroad, utility, or communication company, public or private; (b) to all vested rights presently owned by any railroad, utility or communication company, located within the boundaries of the Property; and (c) to any existin~ lease, license or other interest in the Property granted by DART to any individual, corporation or other entity, public or private. GrapevineCreek 1 of 6 5. Desi_~n. Construction. ~ation and M~ntenance. DART's use of the Property and adjoining property will include the use of electrically powered equipment. Notwithstanding DART's inclusion within its system of measures desilp~d 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, replacement, removal, operation and maintenance of the Permitted Improveme~s 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, if any. In particular, cathodic protection or other stray current corrosion control measures of the Permitted Improvements as required shall be made a pan of the design and construction of the Permitted Improvements. 5.02. During the design phase and prior to commencin8 construction on the Property, a copy of the construction plan~ ~owing the exact location, type and depth of the comstruction, any cathodic protection measures and any working area, shall be submitted for written approval to DART and Railroad, if any, (the "Railroad", ~ one or more, when the construction is 8oin~ 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 Permitted Improvements in such a manner so as not to create a hazard to the use of'the Property, and further agrees to pay any damages which may arise by reason of' Licensee's use of' the 5.04. By acceptance ofthls license, Licensee covenants and asrees to institute and maintain a reasonable testi~ prosram to determine whether or not additional cathodic protection of its Permitted Im,_m'ovements 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 Aoorovals. Licensee, at its sole cost and expense, shall be respons'ble for and shall obtain, any-~nd aH licenses, permits, or other approvals from any and aH governmental asencies, federal, state or local, required to carry on any activity permitted herein. 7. DART's Standard Contract and Insurance. No work on the Property shah be commenced by Licensee or any contractor for Licensee until such Licensee or contractor shall have executed DART's Standard Contractors Agreement covering such work, and has furnished insurance coverase in such amounts and types as shah be satisfactory to DART. GrapevineCreek 2 of 6 8. Duty_ of Care in Construction. Licensee or its contractor shall use reasonable care during the construction period and thereafter, to avoid damaging any existing buildings, equipment nad vegetation on or about the Property and any adjacent property owned by or under the control of DART. ffthe failure to use reasonnble care by the Licensee or its contractor causes damage to the Property or such adjncent property, the Licensee and/or its contractor shall immediately replace or repair the danmge at no cost or expense to DART. If Licensee or its contractor fails or refuses to make such replacement, DART shall have the fight, but not the obligation, to make or effect any such repair or replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees to pay to DART upon demand. 9. Environmental Protection. 9.01. Licensee shall not use or permit the use of the Property for any purpose that may be in violation of any laws pertaining 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 ("PCRA"), 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 bn-*rdous 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. meaninss specifted in the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or RCRA is amended so as to broaden the meanin~ of any term defined thereby, such broader meanin8 shah apply subsequent to the effective date of such amendment; and PROVIDED FURTHI~.R, that to the extent that the laws of the State of Texas establish a meani~ for "hazardous substance", "release", "solid waste", or "disposal", which is broader than that specified in either CERCLA or RCRA, such broader meanin8 shall apply. 9.04. Licensee shall indemnify and hold DART and Railroad harmless asainst all cost of environmental clean up to the Property re~.dtin8 from Licensee's use of the Property under this Asreement. 10. Mechanic's Liens Not Permitted. Licensee shall fufly pay for all labor and nmterials used in, on, or about the Property and will not permit or suffer any mechanic's or materi~lmen's liens of any nature to be at,ed ~ainst the Property by reason of any work done or materials furnished to the Property at Licensee's instance or request. 11. Mnim..enan~ ~f Completed Imnrovements. After the Permitted Improvements have been constructed, they shall be maimai'"'"~d by the Licensee in such a manner as to keep the Property in a good and safe condition with respect to Licensee's use. In the event the Licensee fails to maintain the Property as required, upon discovery, DART shall notify Licensee of such occurrence in writing. In the event Licensee shall not have remedied the failure within ten (10) Grapovin~reek 3 of 6 remedy Licensee's failure, Licensee agrees to immediately pay to DART all costs incurred by DART upon demand. 12. Future Use by DART. 12.01. This license 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 mbsequent to the date of this Agreement, at its sole discretion, determine that the relocation of the Permitted Improvements shall be necessmy or convenient for DART's use of the ProperW, 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, desi~rmte other property for the relocation of the Permitted lrr?rovements. A minimum of thirty (30) days written notice for the exercise of one or more of the above actions shah be given by DART. 13. Relocation Benefits, The parties hereto agree that the construction of the Permitted Improvements on the Property shall be subsequent to the acquisition of the Property by DART and that the Licensee does hereby waive any and aH claim that it may have under the Act, or otherwise, regardin~ the payment of any and aH relocation benefits and that aH costs associated with any relocation of such Improvements shall be borne by the Licensee. 14. Duration of Licen~. This license shall terminate and be of no further force and effect in the event Licensee shall 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 Laws and R_e_m_,l,ttions. Licensee agrees to abide by and be governed by all laws, ordinances and regulations of any and aH govemmamd entities having jurisdiction over the Licensee and by railroad regulations, policies and operating procedures established by the Railroad, or other applicable railroad resu~ bodies, and Licensee agrees to indemnify and hold DART harmless from any failure to so abide and ail actions resulting therefrom. 16.01. Licensee shall defend, protect and keep DART and Railroad forever harnde~ and indemnified against and from any penalty, or damage, or charge imposed for any violation of any law, ordinance, rule or regulation arising out of the use of the Property by Licensee, whether occasioned by the neglect of Licensee, its employees, officers, agents, contractors, or assigns, or those holding under Licensee; 16.02. Licensee shall at aH times protect, indemnify and it is the express intention of the parties hereto that Licensee hold DART and Railroad harmless against and from any and aH loss, cost, damage or expense, including attorney's fees, arising out of or from any accident or other occurrence arising out of the Permitted Use and the Permitted GrapevineCreek 4 of 6 Improvements on or about said Property causin8 personal injury, death, or property damage, except when caused by the willful misconduct or negligence of DART or Railroad, their officers, employees or agents, and then only to the extent of the proportion of any fault determined against DART for its willful misconduct or nesliSence; 14.03. Licensee shall at all times protect, indemnify and hold DART and the Railroad harmless against and fi.om any and all loss, cost, damage or expense, including attorney's fees, arising out of or from any and all claims or causes of action resulting fi.om any failure of Licensee, its employees, officers, agents, contractors or assigns in any respect to comply with and perform all the requirements and provisions hereof. 17. Action U_non Termination of License. At such time as this license may be terminated or cancelled for any reason whatever, Licensee, upon request by DART, shall remove all impmvemem and appunemm~s owned by it, situated in, under or attached to the Property and shall restore the Property to the condition existing at the date of execution of this License, at Licensee's sole expense. 18. ~ Licensee shall not assign or transfer its rights under this Agreement in whole or in part, or permit any other person or entity to use the License hereby l~mted without the prior written consent of DART which DART is under no obligation to grant. 19. Methods of Terminafioll. This A~reemem maybe terminated in any ofthe following ways: 19.01. Written A~reement of both parties; 19.02. By either party giving the other party thirty (30) days written notice; 19.03. By either patty, upon failure of the other party to perform its oblisations as set forth in this Agreement. 20. ~ 20.01. Notice. When notice is permitted or required by this Agreement, it shall be in writin8 and shall be deemed delivered when delivered in person or when placed, postage following addresses: DART: Dallas Area Rapid Transit P. O. Box 660163 Dallas, Texas 75266-7210 LICENSEE: City of Coppell P. O. Box 478 Coppell, Texas 75019 ATTN: City Engineer GrapevineCreek 5 of 6 Either party may from time to time designate another and different address for receipt of notice by giving notice of such change of address. 20.02. Attorney F~. Any signatory to this Agreement who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this Agreement shall be entitled to recover court costs and reasonable attorney fees from the non=prevailing party. 20.03. Governina Law. This accordance with the laws of the State of Texa~. Agreement shall be cons~x~ed under and in 20.04. Entirety and Amendments. This Agreement embodies the entire agreement between the parties and super~des all prior agreements and ~ if any, relating to the Property and the matters addressed herein, and may be amended or supplem~ted 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 20.06. Number and Gender, Words of any gender 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 otherwi~. IN WITNESS WHEREOF, the parties have executed this Agreement in multiple originals this ~dayof (~i~.c~, 190/..,~''. LICENSOR: DA! J~AS AREA RAPID TRANSIT Vice President Commuter Rail & Railroad Managzment LICENSEE: AP~_.~VED AS TO FORM: Office of DART Gener,I Counsel GrapevineCreek CITY OF COPPELL BY: '~ Tifleyity Nanager 6 of 6 '00 'AM NIl~i.~lM.U, flO~ ~M101 '00 NOIIVLIIOdONVIU. OlJlOVd OVOIIllVl Al IlOUVlllOINl ~3VLI03 AVa ~0 Lml¥ .0 OILY301 N AVR ]~V3 :)lid0 ......... ~ ~1~ ....... ~1~1 ~ ~l~]~d ::::~:~¥:=.~, ::::~:='.., '."~' ~ ~ ~ ............................................................................... ~...~?~'~~ ............................................................................... '~" ~lt3~0~d ...... ~ ~$[ ............... ~] ~ ...... ~'"- ~] ~ .................. :'7~ ................. ..................... ~'~ .............. ~1~ ~ ~ 0[ ..... ~'~"" .... ~" ~ ~ ~d ~ ~tl~ ...... :::~:~: ............. ~m=v~ .... ~ ......~ ............... ::~ ..... ~ ................ "il'~ .... ~-i~ ............... ~'~i'~ --'-~- -' .............. ...... b~' ";'~';~'~ .............. ..................................... ~[~' .... :::':~4t +~t +~,. ........... ;'~.~ ~ ...... ~,~'.o;~ i~ ~'1~? ~$~ gl~. ~ ~fM ~.J 1~01~ Ag /-- V .LIHII4X21 S ~41ClNITY SEE _ ~ - --..__~ ~ . _ - . ~ / , Dallas Area Rapid Transit P.O, Box 660163 Dallas, Texas75266-0163 214/749-3278 May 17, 1995 Mr. Kenneth M. Griffin, P.E. Assistant City Manager/City Engineer City of CoppeH P. O. Box 478 Coppell, Texas 75019 Re: License Agreement covering one 15-inch sanitary sewer pipeline crossing and one 8-inch sanitary sewer pipeline parallelling within the right of way at Denton Tap Road in Coppell We reviewed the proposed plans for the Grapevine Creek HI & IV Sanitary Sewer Improvement Project prepared by HDR Engineering. DART's design criteria requires that the length of the 20-inch steel casing pipe be extended to the northern right of way line and that the wall thickness of the c~sing pipe be increased to 0.344 inches since it is not coated or cathodic, ally protected (AREA specifications). With these modifications, DART will approve the construction plans as submitted. Three (3) License, Agreement copies are enclosed for your review and approval. If satisfactory, please see that all three copies are signed by an authorized city official, and return same to us together with the first annual rent. Upon final approval and signature by DART's authorized representative, one fully-executed License copy will be returned for City records. Also enclosed is DART's Standard Construction Agreement and Comractoes Right of Entry. Please forward this packet to the City's contractor for completion. No work on DART right of way is authorized until this document is properly executed and the required insurance approved by DART. If I can be of assistance to the City or the City's contractor, please contact me at (214) 749-2917. Sincerely, ' Commuter Rail & Railroad Management Enclosures From the desk of... Ken Griffin, P.E. Asst. City Manager City Engineer City of Coppell P.O. Box 478 Coppell, Texas 75019 (214)304-3679 / (Metro 471-2251)