SS9402A-CS 960226 l/
"~ELECTRIC
February 26, 1996
Mr. Mike Martin
% City of Coppell
255 Parkway Blvd.
Coppell, Texas 75019
Dear Mr. Martin:
The City of Coppell (User) and River Valley Enterprises (User's Contractor) have requested a
temporary construction easement for a bore pit on Texas Utilities Electric Company's (Licensor)
Northlake Steam Electric Station property.
TU Electric is agreeable to the temporary construction easement if it is located within the
described area as shown on the attached drawing, marked EXHIBIT "A", attached hereto and
made a part hereof for all intent and purposes, and subject to the following terms and conditions:
1. The term of this agreement shall be for thirty (30) days, commencing on
~.O.~_ c,q / ,1996, and ending on /~.~ ,'.' ~-/ ,1996.
2. Licensor shall have free and uninhibited access to and from its facilities at all
times.
3. User will construct, at Uses's expense, a chain link fence around the location
shown on EXHIBIT "A~' to conform with the existing fence. User shall install
said fence before any other construction work is begun and before using the
premises for the purposes set forth above.
4. User shall replace said fences to existing quali~ upon completion of
construction. Afc, I 13" ~,Of~
~A~ _. I :~ 1996, at
5. User shall vacate the property no later than -, ~-~ ~ w,_ ~ ,
which time this agreement shall terminate and the property will be surrendered to
Licensor in the same or better condition as received.
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EnergyPiaza 1601Bryan Street Dallas, Texas 75201-3411
6. Licensor will not be responsible for any cost of construction, operation and
maintenance associated with said temporary construction easement. It is further
agreed that Licensor shall not be liable f6r any damages associated with the
temporary construction easement as a result of Licensor's use pursuant to its
property. Any of Licensor's property damaged or destroyed by User or User's
Contractor shall be repaired or replaced by Licensor at User's or User's
Contractor's expense and payment is due upon receipt of an invoice from Licensor.
7. User shall, at its own cost and expense, comply with all applicable laws,
including but not limited to existing zoning ordinances, governmental rules and
regulations enacted or promulgated by any government authority and shall
promptly execute and fulfill all orders and requirements imposed by such
governmental authorities for the correction, prevention, and abatement of nuisances
in or upon or connected with said property because of User's use thereof.
8. Use of draglines or other boom-type equipment in connection with any work
to be performed on Licensor's property by User, its employees, agents,
representatives or contractors must comply with Texas Statute (V.A.C.S. Sections
752.001, et seq. of the Health and Safety Code), the National Electric Safety Code
and any other applicable safety or clearance requirements. Notwithstanding
anything to the contrary herein, in no event shall any equipment be within fifteen
feet of Licensor's power lines or structures situated on the aforesaid property.
User must notify Licensor's Dallas Region Transmission Office forty-eight (48)
hours prior to the use of any boom-type equipment on Licensor's property.
9. User agrees to defend, protect, indemnify, and save harmless Licensor, its
parent and affiliate companies, and their agents, servants, officers, directors, and
employees, from and against all claims, expenses, demands, judgments, and causes
of action of every kind and character for personal injury or death or damage to
property arising from the negligence or fault of the User, its contractors, agents,
servants, officers, directors, or employees, which may arise out of or be caused
by the installation, maintenance, presence, use, alteration, replacement, relocation
or removal of the temporary construction easement; provided, however, Licensor
shall not be entitled to indemnity for claims, demands, expenses, judgements and
causes of action arising out of its sole negligence and further provided, in the event
of the joint or concurrent negligence of both parties, the liability of the parties shall
be determined in accordance with the laws of the State of Texas.
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If this agreement is satisfactory, please have the original signed. Return the original and retain
a copy for your files.
Accepted:
CITY OF COPPELL
/~;is~y [~lanager
Date: e~. g.~/~
Sincerely,
Plant Manager,
Dallas/Mountain Creek/Northlake
RIVER VALLEY ENTERPRISES
///[.). Title
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~PI-¢ALT PVMT ~
CONC1P~'MT I
NOTE~ ~
CONTRAC, , SHALL MAINTAIN THE RIGHT OF
PUBLIC INGRESS &: EGRESS AT ALL TIMES
T.U. ELEC
STA 414.01.78 CONST. k
STD 4'-0' DIA MH No.14
RIM EL. MATCH EXIST GRND
N. 9729.844.9
E. I0040.5254
6'CHAINL/NKFENCE
NOTE:
TOPOGRAPHIC INFORMATI
PREPARED BY PARTAIN SI
[)N. LAS TEXAS 75238.
UTIUTY INFORMATION SH
1, AS-BUILT PLANS PROVIDE
AND VARIOUS UTILITY COt
= J THE CONTRACTOR SHALL
I HORIZON'i'AL AND VERTICA
i ' fTEMPORARY
~,/ CONSTRUCTION
k EASEMENT
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-- A T~T ....
. . ... '..~..~. / / ...............
INSTALL I10 LF OF 20" DIA
STEEL C~SING PIPE BY
. INSTALL 80 LF OF 20'
~ OT~[R ~AN OP[N CUT x('~ //- 5TILL CASIH~ PiP[ BY
I x~,v/// Of HER THAN OPEN CUT
, ..............
...... i' __ _
' /' ~W-CUT REMO~ & REP~CE
YY lO'x 10' OF EXIST CONC PAVEMENT~
//
', STA 41+98.17 CONNECT
~_ I N. 9729.8449
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"I'~SERVICES
February 26, 1996
Mr. Mike Martin
% City of Coppell
P. O. Box 478
Coppell, Texas 75019
Dear Mr. Martin:
Enclosed are three copies of the Temporary License Agreement allowing the City of
Coppell and its contractor the use of TU's Northlake Steam Electric Station property.
Please have the document executed, return one copy to me at the address below, retain
one copy for your files, and the third copy goes to the contractor.
If you have any questions, please call me at 214-812-1309.
Sincerely,
Baty Houston
Senior Property Representative
Baty Houston
% TU Services
1601 Bryan Street, # 34-034
Dallas, Texas 75201-3411
Energy Plaza 1601 Bryan Street Dallas, Texas 75201-3411