WA8801-CS 860327 ~ CODDett, Texas 75019
The City With A Beautilul Future 2~-462-0022
March 27, 1986
Mr. A.F. Collings
Utility Co-ordinator
St. Louis Southwestern
Railway Company
Engineering Department
7600 S. Central Expressway
Dallas, Texas 75216
RE: 12" waterline crossing - Moore Road
16" waterline crossing - Coppell Road
24" waterline crossing - MacArthur Blvd.
Dear Mr. Collins:
Enclosed are two orginal agreements of each of the above
referenced waterline crossings as well as Riverchase Joint
Venture check no. 311 in the amount of $260.00, and City
of Coppell Capital Improvement Projects Fund check no.
138 and check no. 139, each in the amount of $260.00,
to partially defray the cost of handling.
After all documents have been fully executed, please return
one copy of each agreement for our records.
Thank you for your assistance.
Sincerely,
Dorothy immons '
DT/lsg
Encl.
[] m' I'm r T I '1 IF
CITY OF COPPELL ~o85
CAPITAL IMPROVEMENT PROJECTS ~. 3 9
COPPELL, TEXAS 75049 March 26.19 86
PAY TO THE
ORDER OF St. LOUIS Southwestern Railway Co~any
· HO HUNDRED SZX~ 00/~00 .... DOLORS
THIS CHECK IS DELIVERED IN CONNECTION WITH THE FOLLOWING ACCOUNTS.
Z6" ~a~e=~ne c:oss~ng
T.I~RNSR FEE
Cl~ 0F COPPELL ~o85
CAPITAL IMPROVEMENT PROJECTS
P. O. BOX 478 PH. 214-462-~22
COPPELL, TEXAS 75019
March 26.19~
PAY TO THE
ORDER OF St. Louis Southwestern R~ ]w~y ~nmpany J $ 260.00
TWO HUNDRED SIXTY 00/100
..... DOLORS
THIS CHECK IS DELIVERED IN CONNECTION WITH THE FOLL~ING ACCOUNTS, ~
12" water]~ne crn~n~
Moore R~ -T,~ ~Pn~ Fee
"MAYOR"
GINN, INC. CONSULTING ENGINEERS
November 19t 1985
Dear M~. P~octor~ ...................
We are enclo~ing~ herewith, duplicate counterparts of the
proposed agreement with the St. Louis Southwestern Railway
Company for the 12" waterline crossing of their facilities
and associated with the Moore Road Paving and Drainage
Improvements Project. Also included is the transmittal
letter from St. Louis Southwestern Railway Company to Ginn,
Inc., which includes the railway company's instructions for
execution of the agreement.
We recommend placing this item on the agenda for the
December 10, 1985 City Council meeting.
Sincerely,
H. Wayne Ginn, P.E.
City Engineer
JK/HWG/sr
Enclosures
cc: Dorothy Timmons
16135 Preston Road · Suite 106 · Dallas, Texas 75248 · Phone 214/386-6611
m ~ ~ T T I I i T
Engineering Department
Coppell, Texas - 12" Waterline Crossing - City of Plano
Mr. H. Wayne Ginn
Ginn, Inc.
16135 Preston Road, Suite 106
Dallas, Texas 75248
Dear Mr. Ginn:
Your Job Reference: Moore Road - Coppell.
Attached are duplicate counterparts of agreement.
'This agreement covers a 12" waterline crossing, located
at Coppell, Texas.
Please have both copies executed on behalf of City of
Coppell and return them to this office for further
handling. Include a check in the amount of $260.00,
made payable to St. Louis Southwestern Railway Company.
A fully-executed counterpart of this agreement will be
returned for your records.
No work is to begin on this project until all necessary
paperwork is finalized.
A. F. Collins
Utility Coordinator
AFC/bob
Attachment
, '!' r t T I ! If
Approved as to Forth by . (;-S. 34Ot)
General ounse.
October 1, 1984
RELMIS TCC-607.38-X
THIS AGREEMENT, made this day of , 19 ,
by and between ST. LOUIS SOUTHWESTERN RAILWAY COMPANY
a c(rporatio~ (Liee~sor), and CITY OF COPPELL, a municipal corporation of the
STATE OF TEXAS
(Liensee) address: 616 Coppell Road
Coppell, TX 75019
WITNEMSETH:
1- Grant of Rights: Lieensor hereby grants to Lieensee the right to construct, reconstruct,
maintain and crate, subject to the terms of this agreement, a twelve (12) inch waterline,
encased within an eighteen (.18) inch steel casing
col lective ly
(herein/called "structure"), at
or near Coppell Station, County/15e~je~ of Dallas , State of
Texas , in the location shown on the print of Lieensor's
Drawing AED-85-0121, dated 11/4/85 attached he~eto and made a pa~'t hereof.
This grant is subject and subordinate to the prior and continuing right of Lieensor, its successors
and assigns, to use all of its property in the conduct of its business, Lieenso~ reserving full rights,
c, onsistent with the rights herein granted, to construct, reconstruct, maintain and operate existing
and additional transportation, communication, pipeline and power facilities upon, over and beneath
ltS~pt~mises,
I~..~l~i~iIdtts~ Markers: Markers in form and size satisfactory'to Lieensor shall be installed
and ~csmtantly.maintainecl by Lieansee at Lieansor~s property lines or such locations as Liee~sor shall
ckstgnate and s!~ll be relocated or removed_by Lieensee upon request of Lieensor. The absence of
markers do~s not constitute a warranty by Lieonsor that there are no subsurface installations,
i:~ !~.~.~,' Costs: Lleensee shall pay Lieensor T~o Hundred Tc~ ~ Dollars ($-~c~ to partially
cost.or handling. '
Lieensee shall bear the entire cost of constructing, reeonstructing~ maintaining and operating
the structure on Lieensor's pr~mises, and will not allow any mechanics~ or materialmen~s liens to be
enforced against Lieensor's premises by reason of any such work. Lieensee shall reimburse Lieensor
for all cost and expense to Lieensor in furnishing any materials or performing any labor in connection
with such work, including, but not limited .to, installation of falsework and other protection beneath
or along Lieensor's tracks, and furnishing such watchman, flagmen and inspectors as Lieensor deems
necessary.
4. Comtruetioa m~d Maintenanee: Said structure shall be constru~ed, reconstructed and
maintained in accordance with plans approved by Liee~sor. Approval by Liee~sor shah not constitute
a warranty by Lieensor that such plans conform with federal, state and/or loeai codes and regulations
applicable thereto. An work upon or in connection with said structure shall be done to Lieensor's
satisfaction at such times and in such manner as not to interfere with Lieensor's operations. In the
construction, reconstruction and maintenance of said structure, Lieensee shah keep Lieensor~s premises
in a neat and safe condition, rafting which Lieensor may do so at Lieensee"s expense. If requix'e~
by Lieensor in its-use of Liee~sor's premises, Lieensee shall reconstruct, relocate or alter said
structure. Except in emergencies, Licensee shall give Lieensor five (5) days' written notice of the
day and hour it proposes to de any work on said structure. Lieensee shall be responsible to Lieansor
for all work on or in connection with said structure, unless performed by an independent contractor
who shall have Lieensor's wriUen permiss~'on before entering upon Lieensor's premises.
DK64,DC26 - I -
" s i Is F [ I ! i1 t'
bicensee shall cooperate with hieensor in making any tests it requires of any inst~li'ttion or
emK~ition which in its judgment may have adverse effect on any of the facilities Of Lieensor. All
costs ,ncurred by the tests, or any corrections thereafter, shall be borne by l. ic'm~see.
No change shah be made by Lieensee in the commodity being conveyed through said stru~'ture
without Lieensor's prior written approval. Insofar as it lawfully may,
5. lndemnifieatimm:/Licensee agrees to release, defend and inde~nnifv Lieensor from and ~gHinst
all liability, cost and expense for 1o.~ of or damage to property, and for injury to or death of persons
(including, but not limited to, the property and employees of each of the parties hereto) when arising
or resulting fro,n:
use of said premises by Licensee, its agents, employees or invitees; or
(b) the construction, reconstruction, maintenance, presence, use or removal of said structure;
or
(c~ breach of the contract by Licensee,
whether or not caused or contributed to by .qny negligent act or omission, active, passive or otherwise,
of any employee of Licensor.
If required by Lieensor, Licensee shah provide evidence of insurance coverage in form and
ainounts satisfactory to Licensor, insuring Licensee's liability hereunder.
The term "Lieensor," as used in this section, shall include the lessors, successors, assigns and
affiliated companies of Lieensor, and any railroad company lawfully operating upon Licensor's tracks.
6. Condemnatimm: In the event all or any portion of Licensor's premises shall be condemned
or taken for public use, Licensee shah receive compensation only for 'the taking and damaging of
said structure. Any compensation or damages for taking said premises or Licensee's interest therein,
shah be assigned to Licensor.
7. Termination-. This agreement shah terminate:
(a) upon abandonment of said structure or discontinuance of the use thereof; or
(b) upon failure of Lieensee to correct any default hereunder promptly after receipt of notice
from Licensor; or
(e) upon thirty (30) days' written notice by Lieensor to Licensee; or
(d) upon thirty (30) days' written notice by Licensee to Licensor.
Upon termination of this agreement, Licensee shall remove said structure and restore the premises
to Lieensor's satisfaction, failing in which Lieensor may arrange to do so at Licensee's expense.
8. Environmental Impairment: Lieensee Shall, at its expense, comply with all applicable laws,
regulations, rules and orders, regardless of when they become or became effective, }ncluding without
limitation those relating to health, safety, noise, environmental protection, waste disposal, and water
and air quality, and furnish satisfactory evidence-of-such compliance -upon request of Licensor.
Should any discharge, leakage, spillage, emission, or pollution of any '{ype occur upon or from
the premises due to Licensee's use and occupancy thereof, Licensee, at its expense, shah be obligated
to clean the premises to the satisfaction of Licensor and any governmental-body having jurisdiction
thereover~
Licensee agrees to indemnify, hold harmless and defend Licensor against all liability, cost and
expense (including without limitation any fines, penalties, judgments, litigation costs and attorneys'
fees) incurred by Licensor as a result of Li-censce's breach of this section, or as a resxilt of any
DK64,DC26,P2 .... 2 - .
such discharge, leakage, spillage, emission or pollution, regardless of whether such liability,
cost or expense arises during or after the life of this agreement, unless such liability, cost
or expense is proximately caused solely by the active negligence of Licensor.
Licensee shall pay all amounts due Licensor under this section within ten (10) days
after any such amounts become due.
9. Neff-assignability: This agreement is not assignable, in whole or in part, by
Licensee without Licensor's prior written consent.
10. IRnseture Specifications: Said structure shall be installed in accordance with
minimum standards of Form C. S. 1741 , also attached and made a part hereof; provided
that such standards are not in conflict with, nor less than those required by law.
11. Notices to Lieenso~. All notices to Licensor hereunder shall be directed to
Licensor's Engineering office at 7600 S. Central Expressway Da~llas, Texas 75216
telephone (214) 372-7459
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
in duplicate the day and year first herein written.
LICENSOR
By
UCE SEE
DK64,DC26,P2