SS9402A-CS 960105F~OM:TU
EEAL
ESTP, TE
ID:~1481~S~S3
P~GE
'~SERVICES
REAL ESTATE & P. IGHT OF WAY
34th F'toor Energy Plaza
1601 Bryan Street
Dallas, Texas 75201-3411
Fax Transmission Letter
Fax No.: (2J4) 8J2-5653
Phone:
Not~:
Phone:_
Number of Pages Sent __
(Including Cover Page)
[fS~m have a Frobl~u r~eiviu~ otto coufix~ mal~ial seat,
Please Call Tony St. Clair (214) 812-5640 or Doris Sanacek (214) $12-5654
UAN-0S-gG 09:S1 FROM:TU REAL ESTATE ID:2148125653 PAGE 2/S
'iIJELECTRIC
Mr. Howard Pafford
Utilities Superintendent
% City of Coppell
255 Parkway Blvd., P. O. Box 478
Coppell, Texas 75019
Dear Mr. Pafford:
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
,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 quality upon completion of
construction.
5. User shall vacate the property no later than ,1996,
at which time this agreement shall terminate and the property will be
surrendered to Licensor in the same or better condition as received.
JAN-OS-SG 0S:S2 FROM:TU REAL ESTATE ID:214812SGS3 PAGE
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 for 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~.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 fn~een 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 adsing 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_
If this agreement is satisfactory, please have the odginal signed. Return the original and
retain a copy for your files.
Sincerely,
Accepted:
CITY OF COPPELL
Jerry Crawford
Plant Manager,
Dallas/Mountain Creek/Northlake
By:
Date:
Assistant City Manager
RIVER VALLEY ENTERPRISES
Title
Date: