Stoneleigh P2-AG 980908 AGENDA REQUES FORM
CITY COUNCIL MEETING: September 8, 1998 ITEM #
ITEM CAPTION:
Consider approval of entering into a License Agreement with Coppell Apartments II, L.P. for the
purpose of constructing a water line under the City's right-of-way in Fairway Drive; and authorizing the
APPROVED
BY
"CITY COUNCIL
DATE
SUBMITTED BY: Michael A. Martin, P.E.
TITLE: Asst. City Engineer
STAFF RECOMMENDS: APPROVAL
STAFF COMMENTS:
This request is to allow a private 8" water line to cross perpendicular to Fairway Drive to loop the
fire line for Stoneleigh at Riverchase II. Since this development is bisected by Fairway Drive, the fire
line needs to cross under Fairway Drive to connect the two halves of the Stoneleigh at Riverchase II
development. The crossing has been coordinated with existing and proposed improvements to avoid any
conflicts.
Because there are no conflicts and the crossing does not impair the use of the right-of-way, staff does not
offer any objections to the crossing. Staff will be available to answer any questions at the meeting.
BUDGET AMT. $ AMT. EST. $ +/- BUD:$
FINANCIAL COMMENTS: ~ f~ f
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DIR. INITIALS: ~ FIN. REVIEW: ~ CITY ~NAGER REVIEW:
Agenda Request Form - Revised 3/98 Document Name: #eng5 ~.~-
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
RoDEnT L. DILLARD III Attorneys & Counselors at Law JOHN F. ROEHM Ill
RC~ERT E. HAGER 1800 Lincoln Plaza J~SON C. MARSHALL
PETER G. ~ J. DAVID DODO III
OAWO M. eER~UU~ 500 North Akard
BRUCE A. b~rOCKARD Dallas, Texas 75201 Roe~m' L DIU. AaD, JR.
(214) 965-9900 H. LOU~S N~HOLS
Fax (214) 965-0010 LAWrEnCE W. JACKSON
E-mail NJ-DHS ON~DHS.com o~ cousse
SENT VIA FACSIMILE &
FIRST CLASS U.S. MAIL
September 2, 1998
Mr. Jim Witt, City Manager
\ SF.P - t998
Cityp.o. of BoxC°ppel1478 ~'L
CITY MANAGER
Coppell, Texas 75019 CITY OF COPP_EL
RE: Coppell Apartments II, L.P. - License Agreement
Dear Jim:
Please find enclosed a copy of the License Agreement to be entered into between the City
and Coppell Apartments II, L.P., for the placement of a water line under the City's right-of-way.
Please include approval of this Agreement on next weeks agenda. Bill Dahlstrom will
forward an executed original, along with exhibits, to your office later this week.
Thank you for your attention to this matter.
Very truly yours,
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, L.L.P.
JCM/cdb B~M~shall~~
Enclosure
20513
STATE OF TEXAS §
§ LICENSE AGREEMENT
COUNTY OF DALLAS §
THIS AGREEMENT is made by and between City of Coppell, Texas (hereinafter refen'ed
to as "CITY") and Coppell Apartments II, L.P. (hereinafter referred to as "LICENSEE") acting by
and through their authorized representatives.
WITNESSETH:
WHEREAS, CITY owns the right-of-way described in Exhibit "A" attached hereto and
incorporated herein for all purposes; and
WHEREAS, LICENSEE requests the consent of the CITY, to install or cause to be installed
a below ground looped water line (hereinafter referred to as the "IMPROVEMENTS") within City
right-of-way as shown on the attached survey plat marked Exhibit "B" and incorporated herein for
all purposes; and
WHEREAS, LICENSEE has requested the CITY allow the use and occupancy of the right-
of-way for LICENSEE's IMPROVEMENTS;
NOW THEREFORE, in consideration of the covenants contained herein and other valuable
consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. Purpose: CITY hereby grants LICENSEE a license for the purpose of installing a single,
looped water line (the "PERMITTED IMPROVEMENTS") within CITY right-of-way being more
particularly shown on the map marked Exhibit "B" attached hereto and incorporated herein for all
purposes.
2. Term: The term of this License shall be perpetual, subject, however, to termination by the
CITY as provided herein.
3. Non-exclusive: This License is nonexclusive and is subject to any existing utility, drainage
or communications facility located in, on, under or upon the right-of-way or property owned by
CITY, any utility or communication company, public or private, to all vested rights presently owned
any utility or communication company, public or private for the use of the CITY right-of-way for
facilities presently located within the boundaries of the right-of-way and to any existing lease,
license, or other interest in the right-of-way granted by CITY to any individual, corporation or other
entity, public or private.
License Agreement - Page 1 ss20260
4. Environmental Protection: LICENSEE shall not use or permit the use of the property for
any purpose that may be in violation of any laws pertaining to the health of 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. 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 ensure that no such hazardous
substance or solid waste will ever be discharged onto the property or adjoining property by
LICENSEE. The terms "hazardous substance" and "release" shall have the meaning specified in
CERCLA and the term "solid waste" and "disposal (or dispose)" shall have the meaning specified
in the RCRA; provided, 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, to the extent that the laws of the State
of Texas establish a meaning for hazardous substance, release, solid waste, or disposal which is
broader than that specified in the CERCLA or RCRA, such broader meaning shall apply.
LICENSEE shall indemnify and hold CITY harmless against all costs, environmental clean up to
the property and surrounding CITY property resulting from LICENSEE's use of the property under
this License.
5. Mechanic's liens not PERMITTED: LICENSEE shall fully pay all labor and materials
used in, on or about the property and will not permit or suffer any mechanic's or material man's liens
of any nature be affixed against the property by reason of any work done or materials furnished to
the property at LICENSEE's instance or request.
6. Future City use: This License is made expressly subject and subordinate to the right of
CITY to use the property for any public purpose whatsoever. In the event that CITY shall, at any
time subsequent to the date of this Agreement, at its sole discretion, determine that the relocation
or removal of the PERMITTED IMPROVEMENTS shall be necessary or convenient for CITY's
use of the property, LICENSEE shall at its sole cost and expense make or cause to be made such
modifications or relocate said PERMITTED IMPROVEMENTS so as not to interfere with the
CITY's or CITY's assigns use of the property. A minimum of thirty (30) days written notice for the
exercise of the above action shall be given by CITY and LICENSEE shall promptly.commence to
make the required changes and complete them as quickly as possible or reimburse CITY for the cost
of making such required changes.
7. Duration of License: This License shall terminate and be of no further force and effect in
the event LICENSEE shall discontinue or abandon the use of the PERMITTED IMPROVEMENTS
or in the event LICENSEE shall remove the PERMITTED IMPROVEMENTS from the property
or upon termination by CITY whichever event first occurs.
License Agreement - Page 2 ss20260
8. Compliance with laws: LICENSEE agrees to abide by and be governed by all laws,
ordinances and regulations of any and all governmental entities having jurisdiction over the
LICENSEE.
9. Indemnification: LICENSEE shall defend, protect and keep CITY forever harmless and
indemnified against and fi.om any penalty, or any damage, or charge, imposed for any violation of
any law, ordinance, rule or regulation arising out of the use of the property by the LICENSEE,
whether occasioned by the neglect of LICENSEE, its employees, officers, agents, contractors or
assigns or those holding under LICENSEE. LICENSEE shall at all times defend, protect and
indemnify and it is the intention of the parties hereto that LICENSEE hold CITY harmless against
and fi.om any and all loss, cost, damage, or expense, including attorney's fee, arising out of or fi.om
any accident or other occurrence on or about the property causing personal injury, death or property'
damage resulting fi.om use o fproperty by LICENSEE, its agents, employees, customers and invitees,
except when caused by the negligence or willful misconduct of CITY, its officers, employees or
agents, and only then to the extent of the proportion of any fault determined against CITY for its
willful misconduct. LICENSEE shall at all times defend, protect, indemnify and hold CITY
harmless against and fi.om any and all loss, cost, damage, or expense, including attorney's fees
arising out of or fi.om any and all claims or causes of action resulting fi.om any failure of
LICENSEE, its officers, employees, agents, contractors or assigns in any respect to comply with and
perform all the requirements and provisions hereof.
10. Action upon termination: At such time as this License may be terminated or canceled for
any reason whatsoever, LICENSEE, upon request by CITY, shall either (i) remove all PERMITTED
IMPROVEMENTS and appurtenances owned by it, situated in, under or attached to the CITY and
shall restore such property to substantially the condition of the property prior to LICENSEE's
encroachment at LICENSEE's sole expense; or (ii) abandon all PERMITTED improvements and
appurtenances in place.
11. Assignment: LICENSEE shall not assign or transfer its rights under this Agreement to any
other person or entity without the prior consent of CITY, which consent will not be unreasonably
withheld.
12. Termination: This Agreement may be terminated in any of the following ways:
a. Written agreement of both parties;
b. By CITY giving LICENSEE thirty (30) days prior written notice;
c. By CITY upon failure of LICENSEE to perform its obligations as set forth in this
Agreement, if LICENSEE has not cured any failure within thirty (30) days of written
notification by CITY of such failure.
13. Notice: When notice is PERMITTED or required by this Agreement, it shall be in writing
and shall be deemed delivered when delivered in person or when placed, postage prepaid in the
United States mail, certified return receipt requested, and addressed to the parties at the address set
License Agreement - Page 3 ss2026o
forth opposite their signature below. Either party may designate from time to time another and
different address for receipt of notice by giving notice of such change or address.
14. Attorney's fees: 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 cost and reasonable attorney's fees fi:om the non-prevailing party.
15. Governing law: This Agreement is governed by the laws of the State of Texas; and venue
for any action shall be in Dallas County, Texas.
16. Binding effect: This Agreement shall be binding upon and inure to the benefit of the'
executing parties and their respective heirs, personal representatives, successors and assigns.
17. Entire Agreement: This Agreement embodies the entire agreement between the parties and
supersedes all prior agreements, understandings, if any, relating to the property and the matters
addressed herein and may be amended or supplemented only by written instrument executed by the
party against whom enforcement is sought.
18. Recitals: The recitals to this Agreement are incorporated herein by reference.
19. Legal construction: The provisions of this Agreement are hereby declared covenants
nmning with the property and are fully binding on all successors, heirs, and assigns of LICENSEE
who acquires any right, title, or interest in or to the property or any part thereof. Any person who
acquires any right, title, or interest in or to the property, or any part hereof, thereby agrees and
covenants to abide by and fully perform the provisions of this agreement with respect to the right,
title or interest in such property.
IN WITNESS, THEREOF, the parties executed.
EXECUTED this ~"~ day of -~_~qf~ ,1998.
CITY OF COPPELL
255 Parkw~ Boulevard /'h ~
7 //
CANDY~HEEHAN, MAYOR
ATTEST:
License Agreement - Page 4 ss2o26o
KATHLEEN ROACH, CITY SECRETARY
COPPELL APARTMENTS II, L.P.
8440 Walnut Hill Lane
8th Floor, LB-3 *
Dallas, Texas 75231
By: Coppell Apartments G.P. II, Inc.
Its: General Partner
President
License Agreement - Page 5 ss20260
LICENSEE'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the..__ day of ,1998, by
Mark R. Wagner, President of Coppell Apartments G.P. II, Inc., general~armer of Coppell
Apartments II, L.P., a Texas limited partnership, on behalf of said limited partnership.
~ ~ ema,ttt.~ ~ Not~ Public, State of Texas
~,~~.~r~~..~e~-'e~ My Commission expires: I 0 -t~t} - 9F~ I
License Agreement - Page 6 s$20260
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
COt NTVOFD LAS §
This instrument was acknowledged before me on the g '~layof ~.,~(~J~t~ ,1998, by
Candy Sheehan, Mayor of the City of Coppell, Texas, a T~Te~exas municipality, on behalf of said
municipality. , .... / X __
My Commission t~xi, ucS:' - - - -
20260_1 .doc
9/2/98
License Agreement - Page 7 SS20260
Proposed License Agreement Area
Being a parcel of land being a part of the Right-of-Way of Fairway Drive, a 60 foot
Right-of-Way dedicated to the City of Coppell, Texas by the Final Plat recorded in
Volume 88156, page 2071 of the deed records of Dallas County, Texas and being more
particularly described of as follows:
Beginning at a point on the west line of Fairway Drive being N 03° 38' 42" E 293.30 feet
from a Vz inch iron rod found at the southwest comer of Fairway Drive as platted;
Thence, N 030 38' 42" E, 10.00 feet along the west line of Fairway Drive to a point;
Thence, S 860 21' 18" E, 60.00 feet to a point lying on the east line of Fairway Drive;
Thence, S 03o38' 42" W, 10.00 feet along the east line of Fairway Drive to a point;
Thence, N 860 21' 18" W, 60.00 feet to the Point of Beginning and containing 600 square
feet of land.
EXHIBIT "A"
J
NATHAN O. I~JElt ¢ONSULllNG ENGINEER~. INC.
T'° N°l~ChPalt" / 8080 'Park Lane' ' Suite 600
Dallas, Texas 75231 / Ph. (214) 739-4.741