ST9304-CN000613F
COPPELL AGENDA RE zUEST F.O ,RM
CITY COUNCIL MEETING: June 13, 2000 ITEM
ITEM CAPTION:
Consider approval of a License Agreement with Dallas Area Rapid Transit System (DART) for the purpose
of obtaining necessary slope easements and fight-of-way for the construction of portions of the Belt Line
Road project #ST 93-04 from Denton Tap Road to MacArthur Blvd.; and authorizing the City Manager to
sign. ;.-,
APPROVED
BY
IT'Y C ., bNCIL
TITLE: Q Director of Enginker_~aiblic Works
STAFF COMM~ ......
This license agreement with DART is for the acquisition of Slope Easements #9SE1, 9SE2, and 13SE and for
the acquisition of right-of-way Parcel #13. The slope easements and right-of-way are necessary to provide the
correct sloping adjacent to the proposed improvements to Belt Line Road and also to allow for some grading
associated with drainage outfall structures. The right-of-way is at the northeast corner of Belt Line Road and
MacArthur Blvd. The right-of-way is necessary to provide the proper curb return radius at that location. As
part of this project we are building a separate free right turn lane for westbound traffic on Belt Line to turn
north onto MacArthur.
The license agreement from DART is the typical license agreement of which we have approved numerous
times in the past, most recently being in 1998 for a sanitary sewer crossing associated with the Gunner
Subdivision.
Staff recommends approval of the license agreement and will be available to answer questions at the Council
meeting.
BUDGET AMT $ AMT. EST. $ +k-BID $
FINANCIAL COMMENTS:
Funds are available in the 1995A CO's for this project. ~
DIR. INITIALS: \/-~ FIN. REVIEW.~ CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00 Document Name: #06132
AGREEMENT
LICENSE AGREEMENT
THIS Agreement, by and between DALLAS AREA RAPID TRANSIT ("DART"), a
regional transportation authority, created, organized and existing pursuant to Chapter 452, Texas
Transportation Code, as amended (the "Act") and the CITY OF COPPELL, a Texas municipal
corporation, ("Licensee"), acting herein by and through its duly authorized city manager, whose
mailing address is P. O. Box 478, Coppell, Texas 75019.
WITNE S SETH:
1. Purpose. DART hereby grants to Licensee the privilege of constructing, installing and
maintaining drainage improvements which includes sloping, drainage pipe encroachments, "Y"
inlets, and brick pavers (the "Permitted Improvements") beginning slightly west of Mockingbird
Lane continuing east of MacArthur Boulevard adjacent to Beltline Road at the location set out on
the plat marked Exhibit "A" (County of Dallas Beltline Road Improvements Sheets 5 and 6)
attached hereto and incorporated herein (the "Property"), together with a continuing fight of
access, ingress and egress to the Property as is reasonably necessary for such construction and
maintenance.
2. Nature of Permitted Improvements. The Permitted Improvements shall be constructed
and maintained on the Property in conformance with the modified Construction Plans submitted
to DART by Dallas County Public Works Department (as transmitted January 20, 2000) for
approval prior to commencement of any construction and by reference is incorporated herein.
3. Term. The term of this License shall begin on the first day of July, 2000 (the "License
Date") and continue thereafter until terminated as provided herein.
4. Consideration. As consideration for the granting of this License, Licensee shall
perform at its own expense all construction and maintenance of the Permitted Improvements,
including hydromulch seeding, erosion control, and keeping the drainage channel free of brush
and debris.
5. Non-Exclusive License. This license is non-exclusive and is subject to (a) any
existing 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 existing lease, license or other interest in the
Property granted by DART to any individual, corporation or other entity, public or private.
6. Design, Construction, Operation and Maintenance. DART's use of the Property and
adjoining property may include the use of electrically powered equipment. Notwithstanding
DART's inclusion within its system of measures designed to reduce stray current which may
cause corrosion, Licensee is hereby warned that such measures may not prevent electrical current
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being present in proximity to the Permitted Improvements and that such presence could produce
corrosive effects to the Permitted Improvements.
6.01. All design, construction, reconstruction, replacement, removal, operation
and maintenance of the Permitted Improvements 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 (the
"Railroad", whether one or more). In particular, cathodic protection or other stray current
corrosion control measures of the Permitted Improvements as required shall be made a part of the
design and construction of the Permitted Improvements.
6.02. During the design phase and prior to commencing construction on the
Property, a copy of the construction plans showing the exact location, type and depth of the
construction, any cathodic protection measures and any working area, shall be submitted for
written approval to DART. Such approval shall not be unreasonably withheld. No work shall
commence until said plans have been approved by DART.
6.03. By acceptance of this License, Licensee agrees to construct the 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 Property
under this Agreement.
6.04. Absence of markers does not constitute a warranty by DART that there
are no subsurface installations on the Property.
7. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible
for and shall obtain, any and all licenses, permits, or other approvals from any and all
governmental agencies, federal, state or local, required to carry on any activity permitted herein.
8. DART's Standard Contract and Insurance. No work on the Property shall be
commenced by Licensee or any contractor for Licensee until such Licensee or contractor shall
have executed DART's Standard Contractors Agreement coveting such work, and has furnished
insurance coverage in such amounts and types as shall be satisfactory to DART.
9. Du_ty 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 and vegetation on or about the Property and any adjacent property owned by or under
the control of DART. If the failure to use reasonable care by the Licensee or its contractor
causes damage to the Property or such adjacent property, the Licensee and/or its contractor shall
immediately replace or repair the damage at no cost or expense to DART. If Licensee or its
contractor fails or refuses to make such replacement, DART shall have the tight, 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.
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10. Environmental Protection.
10.01. 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 ("RCRA"), the Texas
Water Code and the Texas Solid Waste Disposal Act.
10.02. 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 insure that no such hazardous substance or solid waste will
ever be discharged onto the Property by Licensee or its Contractors.
10.03. The terms "hazardous substance" and "release" shall have the meanings
specified in CERCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the
meanings 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, that 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 either CERCLA or RCRA, such broader meaning shall apply.
10.04. Licensee shall indemnify and hold DART and Railroad harmless against
all cost of environmental clean up to the Property resulting from Licensee's use of the Property
under this Agreement.
11. Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials
used in, on, or about the Property and will not permit or suffer any mechanic's or materialmen's
liens of any nature to be affixed against the Property by reason of any work done or materials
furnished to the Property at Licensee's instance or request.
12. Maintenance of Completed Improvements. After the Permitted Improvements have
been constructed, they shall be maintained 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)
days from the date of such notice, DART shall have the right, but not the obligation to remedy
such failure at the sole cost and expense of Licensee. In the event DART exercises its right to
remedy Licensee's failure, Licensee agrees to immediately pay to DART all costs incurred by
DART upon demand.
13. Future Use by DART.
13.01. This license is made expressly subject and subordinate to the right of
DART to use the Property for any purpose whatsoever.
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13.02. In the event that DART shall, at any time subsequent to the date of this
Agreement, at its sole discretion, determine that the relocation of the Permitted Improvements
shall be necessary or convenient for DART's use of the Property, 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, designate other
property for the relocation of the Permitted Improvements. A minimum of thirty (30) days
written notice for the exercise of one or more of the above actions shall be given by DART.
14. 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 all claim that it may have under the Act, or
otherwise, regarding the payment of any and all relocation benefits and that all costs associated
with any relocation of such Improvements shall be bome by the Licensee.
15. Duration of License. This license shall terminate and be of no further force and
effect (a) in the event Licensee shall discontinue or abandon the use of the Permitted
Improvements; (b) in the event Licensee shall relocate the Permitted Improvements from the
Property; (c) upon termination in accordance with paragraph 20 of this Agreement, whichever
event first occurs.
16. Compliance With Laws and Regulations. Licensee agrees to abide by and be
govemed by all laws, ordinances and regulations of any and all governmental entities having
jurisdiction over the Licensee and by railroad regulations, policies and operating procedures
established by the Railroad, or other applicable railroad regulating bodies, and Licensee agrees to
indemnify and hold DART harmless fi'om any failure to so abide and all actions resulting
therefrom.
17. Indemnification.
17.01. Licensee shall defend, protect and keep DART and Railroad forever
harmless 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;
17.02. Licensee shall at all 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 all loss, cost, damage or expense, including attorney's fees, arising out of or from
any accident or other occurrence on or about said Property causing 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 negligence;
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17.03. Licensee shall at all times protect, indemnify and hold DART and the
Railroad harmless against and from any and all loss, cost, damage or expense, including
attomey'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.
18. Action Upon 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
improvements and appurtenances 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.
19. Assignment. 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 granted without
the prior written consent of DART which DART is under no obligation to grant.
20. Methods of Termination. This Agreement may be terminated in any of the following
ways:
20.01. Written Agreement of both parties;
20.02. By either party giving the other party thirty (30) days written notice;
20.03. By either party, upon failure of the other party to perform its obligations as
set forth in this Agreement.
21. Miscellaneous.
21.01. 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 U.S. Mail, Certified, Return Receipt Requested, and addressed to the parties at the
following addresses:
DART: Dallas Area Rapid Transit
P. O. Box 660163
Dallas, Texas 75266-7210
ATTN: Railroad Management
LICENSEE: City of Coppell
P. O. Box 478
Coppell, Texas 75019
Either party may from time to time designate another and different address for receipt of
notice by giving notice of such change of address.
21.02. Attorney 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
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Agreement shall be entitled to recover court costs and reasonable attorney fees from the
non-prevailing party.
21.03. Governing Law. This Agreement shall be construed under and in
accordance with the laws of the State of Texas.
21.04. Entirety and Amendments. This Agreement embodies the entire
agreement between the parties and supersedes all prior agreements and understandings, if any,
relating to the Property and the matters addressed herein, and may be amended or supplemented
only by a written instrument executed by the party against whom enforcement is sought.
21.05. 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 assigns.
21.06. 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 otherwise.
IN WITNESS WHEREOF, the parties have executed this Agreement in multiple
originals this 28th day of June , 2000
LICENSOR: DALLAS AREA RAPID TRANSIT
~~IE E. BLAYDES, JR.
OVice President
Commuter Rail & Railroad Management
LICENSEE: CITY OF COPPELL
BY
Printed Name: Jm
Ti~: City Nanager
APPROVED AS TO FORM:
Offic~unsel
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EXHIBIT A
EXHIBIT A
Dallas Area Rapid Transit
P.O. Box 660163
Dallas, Texas 75266-0163
~,I~T 214/749-3278
May 9, 2000
Mr. John L. Mears, P.E.
Project Engineer
The County of Dallas
Department of Public Works
411 Elm Street, 4th Floor
Dallas, Texas 75202
Re: License Agreement covering Beltline Road drainage improvements within DART railroad right of way between Mockingbird Lane area and MacArthur Boulevard
Dear Mr. Mears:
Three (3) copies of the referenced Agreement are enclosed for review and approval by the City of
Coppell. If satisfactory, please see that all three copies are signed by an authorized city official
and returned to me. Upon final approval and signature by DART's authorized representative, one
fully-executed original Agreement will be returned for City records.
Please see that the enclosed Standard Construction Agreement and Contractor's Right of Entry
documents are forwarded to the County's contractor to complete, sign and return to DART with
evidence of insurance to satisfy the requirements in Section 4, Page 2. No work within DART
railroad right of way is authorized until these documents are properly executed and the insurance
approved by DART.
If I can be of assistance to any of the parties involved in this project, please contact me at (214)
749-2917.
Sincerely,
a&nSe d
Manager, Railroad Facilities
Commuter Rail & Railroad Management
JMS:
Enclosures
Dallas Area Rapid Transit
P.O. Box 660163
Dallas. Texas75266-0163
214/749-3278
TO THE CONTRACTOR:
NO WORK WITHIN DART RIGHT-OF-WAY IS AUTHORIZED UNTIL THIS
DOCUMENT IS PROPERLY SUBMITTED AND THE INSURANCE REQUIRED
APPROVED BY DART.
Certain information in Section 1 may not be available at the time this document is
submitted to the Licensee. The License Agreement No./Date will be completed by DART. The
date of the Construction Agreement/Contractor's Right of Entry will be entered when the
document is fully executed. Please complete the following information:
. legal name of company on pages 1 and 5
· projected completion date of work within DART right-of-way in Section 1 (evidence of
insurance must be provided to DART until all work within DART right-of-way is completed)
· three (3) completed originals signed by the president or a vice president
· documents must be submitted to DART together with evidence of insurance which meets
the requirements set forth on pages 2-4 ,
Return documents with evidence of insurance to:
DART
Attn: Jan Seidner
P. O. Box 660163
Dallas, Texas 75266-7210
Notice must be given to any operating railroad and to any existing utility companies
occupying the right-of-way in the vicinity of this work prior to commencing construction activity.
Please contact Jan Seidner at (214) 749-2917 with any questions or concerns regarding
this agreement.
Coppell, Texas 75019
--~ The City With A Beautiful Future 972-462-0022
~ P.O. BOX 478
COPPELL, TEXAS 75019
December 9, 1999
Ms. Jan Seidner, Manager Railroad Facilities
DART
P.O. Box 678
Dallas, TX 75266-0163
RE: Belt Line Road Project ST 93-04 License Agreement
Dear Ms. Seidner:
The enclosed license agreement is associated with slope easements #9SE1, 9SE2 and 13SE and
for the right-of-way Parcel #13 for the referenced project. The License Agreement was approved
by City Council and signed by the City Manager on June 13, 2000. Enclosed are three originals,
please sign and return 2 originals to the City of Coppell Engineering Department.
Thank you for your consideration of this request. If you should have any questions please feel
free to contact me at 972/304-3686.
Sincerely,
Kenneth M. Griffin, P.E.
Director of Engineering/Public Works
flle/kgriffm/s'r93.04/dart600
Dallas Area Ra~d Transit
RO. Box 660163
Dallas,Texas 75266-0163
214/749-3278
July 18, 2000
Mr. Kenneth M. Griffin, P.E.
Director of Engineering/Public Works
City of Coppell
P. O. Box 478
Coppell, Texas 75019
Re: License Agreement No. 200048 covering Beltline Road drainage improvements
including sloping, drainage pipe encroachments, "Y" inlets and brick pavers within
the Cotton Belt right of way between Mockingbird Lane and MacArthur Boulevard
in Coppell
Dear Mr. Griffin:
Enclosed are two (2) fully-executed originals of the referenced agreement for City records.
Should you need to contact us in the future regarding this Agreement, please refer to the contract
number above.
No work under this License is authorized until the County's contractor completes, signs and
returns the Standard Construction Agreement & Contractor's Right of Entry documents
submitted through John Mears with Dallas County. The contractor's insurance must be approved
by DART prior to commencing any activity on the railroad right of way.
IfI can be of assistance with this project, please contact me at (214) 749-2917.
Sincerely,
~n S eC~dne~r
Manager, Railroad Facilities
Commuter Rail & Railroad Management
JMS:
Enclosures
c: John Mears, Dallas County