Northlake 1nd Park-AG 890411SUBMISSION DEADLINE: 5
Rev.: Effective 1/20/88
FOR
.~m. Monday - 8 Days Precec~in~ City Council Meeting
~ COUNCIL MEETING: A~I 11, 1989
I. REF/FILE NUMBER :
II. ITEM CAPTION : Discussion and consideration of approval of a lease agreement
between the City of Coppell and St. Louis and Southwestern Railway Company, to accommodate
storm drainage improvements for the Northlake Addition, and authorizing the Mayor to sign.
III. ACTION RECOMMENDED : Approval. The condition requested by Mr. Larry Jackson's
letter, dated March 17, 1989, has been agreed to by the developer's Engineer.
IV. REP. IN ATTENDANCE
A: STAFF -
B: OTHER -
Russell R. Doyle, P.E., City Engineer
Kevin Peiffer, P.E., Consulting. Engineer
V. NOTIFICATION TO :
VI.
METHOD OF CONTACT :
DATE :
FINANCIAL REVIEW : 1. BUDGETED ITEM N/A :
2. BUDGET AMOUNT :
3. ESTIMATED AMOUNT FOR THIS ITEM :
4. AMOUNT OVER OR UNDER BUDGET :
5. LOW BIDDER RECOMHENDED ' :
SOURCE OF FUNDING
CO'S OR BONDS FUNDS :
(Series or year authorized) :
OPERATING BUDGET (Account Number) :
OTHER :
YES NO
YES NO
AGENDA REQUEST FORM
APPROVED BY CITY MANAGER :
ITEM NUMBER/~
GINN, INC.
CONSULTING ENGINEERS
Mr. Russell Doyle, P.E.
City of coppell
P.O. Box 478
Coppell, TX 75019
Re: North Lake Industrial Park
Coppell, TX
Dear Mr. Doyle:
Submitted for Council's consideration is a lease agreement
between the City of Coppell and the St. Louis southwestern
Railway Company for the above referenced property. This request
is being made by Nathan D. Maier Consulting Engineers on behalf
of their client, Mr. Bill Thompson, who owns the subject
property.
While this property was recently annexed into the city of
Coppell, it has never been platted to date. The purpose of their
request at this time, however, is to complete utility crossings
at the RxR before Creekview Estates Addition on the North side of
the tracks fully develops and less room for their construction is
available. We have no objection to their request.
Please note, prior to actual site development, the applicant
realizes final platting will be required by the city.
For your information, this lease agreement is required to be
between the Railroad and the City, rather than the Railroad and
the applicant, because once the improvements are installed, they
will be dedicated to the City forever after.
The construction plans have been reviewed and we recommend they
De approved subject to the addition of Trench Safety plans being
added to the plan set.
Please call if you have any questions.
Kevin Peiff~r, ~'E.
cc: Mike Garrett, NDM
File 89305
17103 Preston Road · Suite 100 · L8 118 · Dallas, Texas 75248 · Phone 214/248-4900
SALLINGER, NICHOLS, JACKSON
KIRK & DILLARD
(Formerly Saner. Jack, Sallinger & Nichols)
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 N. Akard
Dallas. Texas 75201
(214) 954-3333
Facsimile (214) 954-3334
March 17, 1989
Mr. Michael J. Garrett
Nathan D. Maier
Consulting Engineers, Inc.
Three NorthPark
8800 N. Central Expressway
Suite 300
Dallas, Texas 75231
Re: Northlake Industrial Tract
NDM No. 87-9-101 ~'
Our File No. 354
Dear Mr. Garrett:
AR201989 ;
This is in response to your letter of transmittal dated March 8, 1989, and the
indemnity provision of the contract to be signed by your utility contractor.
Your letter included page GC-21 of the proposed contract. Could you send me
a copy of the preceding pages which apparently also deal with indemnification.
I would like to see you add to paragraph 6.30-A the following language which is
set out in bold:
"6.30.A CONTRACTOR also agrees to release, defend, and indemnify the City
of Coppell (City), its officers and employees, . ......................
i : '. whether or not contributed by the maintenance or operation of St. Louis and
Southwestern Railroad Company's (LICENSOR) line of railroad or any omission, actively
or passively negligent or otherwise, of any employee of LICENSOR. or whether or not
contributed by any active or passive negligent act or omission, or otherwise, on the part
of City, its officers or employees. CONTRACTOR expressly assumes all risk of damage
to said structure or appurtenances from any cause whatsoever."
Please give me a call if you have any questions concerning this.
Very truly yours,
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
LWJ/sb ),_.~ ~'?
7
cc: Mr. Alan D. Ratliff
By
Lawrence W. Jackson
TO
NA~ "~ D. MAIER
CONSUL'~,,~ _NGINEERS. INC.
WE ARE SENDING YOU ~ Attached [] Under separate cover via the following items:
[] Shop drawings [] Prints [] Plans [] Samples [] Specifications
.,~ Copy of letter [~ Change order ~,.
THESE ARE TRANSMITI'ED as checked below:
[] For your use
[-J As reque,sted
~! For review and comment
[] FOR BIDS OUE
Approved as submitted
Approved as noted
Returned for corrections
19
~ Resubmit
0 Submit
[] Return
copies for approval
copies for distribution
corrected prints
[] PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO
NATHAN D. MAIER
CONSULTING ENGINEERS, INC,
March 6, 1989
Mr. Larry Jackson
Sallinger, Nichols, Jackson, Kirk
and Dillard
1800 Lincoln Plaza
Dallas, TX 75201
Re:
Northlake Industrial Tract
NDM No.: 87-9-101
Dear Mr. Jackson:
Please find enclosed a copy of the indemnification clause of the contract to be signed by our utility
contractor. Please review the clause and approve it, as it may relate to liability of our proposed 60"
storm sewer and 15" sanita~ sewer bores under the St. Louis Southwestern Railroad. Currently, the
60" storm sewer easement is up for acceptance on the agenda of March 14th.
I would appreciate a quick response so as to allow us to make that agenda. A similar clause was used
in the 8" water main bore for Creek'view Estates.
Respectfully,
NATHAN D. MAIFR
COt~SULTING
i~Michael J. Gar~tt
MJG/rdp
~N~ERS~/N~.
Enclosure
Three NorthPark/8800 N, Central Expwy./Suite 300/Dallas, Texas 75231/(214) 739-4741
regardless of whether or not it is caused in part by a party indemnified
hereunder or arises by or is imposed by Law and Regulations, regardless of the
negligence of any such party.
6.30.A CONTRACTOR also agrees to release, defend, and indemnify the City
of Coppell (CITY), Nathan D. Maier Consulting Engineers, Inc. (ENGINEER), the
Creekview Estates Limited Partnership and North Lake Belt Line Limited Part-
nership (PARTNERSHIP) from and against all liability, cost, and expense
(including, but not limited tO, attorney fees and costs and judgements) for
loss or damage to any property and for injuries to or death of any persons
(including the property and employees of the parties hereto) caused wholly or
partially by
(a) the construction, presence, maintenance, use, or removal of 15"
sanitary sewer main and 60" storm sewer main in the St. Louis and
Southwestern Railroad Company right-of-way;
(b) the unauthorized use of any patented devices on said structure; or
(c) breach of any provision of this contract by CONTRACTOR;
whether or not contributed by the maintenance or operation of St. Louis and
Southwestern Railroad Company's (LICENSOR) line of railroad or any omission,
actively or passively negligent or otherwise, of any employee of LICENSOR.
CONTRACTOR expressly assumes all risk of damage to said structure or appurte-
nances from any cause whatsoever.
The term "LICENSOR" as used in this section shall include the successors,
assigns, and affiliated companies of LICENSOR, and any other railroad company
operating upon LICENSOR'S tracks.
6.31. In any and all claims against OWNER or ENGINEER, or any of their
consultants, agents, or employees by any employee of CONTRACTOR, any Subcon-
tractor, any person or organization directly or indirectly employed by any of
them to perform or furnish any of the Work, or anyone for whose acts any of
them may be liable, the indemnification obligation under paragraph 6.30 shall
not be limited in any way by any limitation on the amount or type of damages,
compensation, or benefits payable by or for CONTRACTOR or any such Subcontrac-
tor or other person or organization under workers' or workmen's compensation
acts, disability benefit acts, or other employee benefit acts.
6.32. The obligations of CONTRACTOR under paragraph 6.30 shall not
extend to the liability of ENGINEER, ENGINEER's consultants, agents, or
employees arising out of the preparation or approval of maps, drawings, opin-
ions, reports, surveys, Change Orders, designs, or specifications.
ARTICLE 7 OTHER WORK
Related Work at Site:
7.1. OWNER may perform other work related to the Project at the site by
OWNER's own forces, have other work performed by utility owners or let other
direct contracts therefor which shall contain General Conditions similar to
these. If the fact that such other work is to be performed was not noted in
GC-21
DALLAS
LOCATION MAP
I "= 2000'
["HAND. MAIER
.TING £NGINEFRS~INC.
tral Expw¥. / Suite :300
, (214) 739-474t
ZONING EXHIBIT
'TH LAKE INDUSTRIAL PA~K
TWO TRA C TS
CITY CF' . COPPELL, TEXAS
NOM
sheet
drawn scale date notes Job no.
TJS 1"=~30' 7/~ ....... )9-101
STATE OF CALIFORNIA )
) SS.
City and County of San Fran¢is:o )
On this ~,_r~' L~' day of -C~)-L~..C.~?-JO~:~-bF'~ in the year One Th°usand Nine Hundred snd EightY -z"C'~'[c~''~'~IL
Notary Public in and for the City and County of San Francisco, State of California, a~sonally =ppeared,
bet:ore ce, Roger Wilkers~a
~:~ '~ knoun :o me (or proved to me ~n the basis of satisfactory evidence) ~g. be the ~
. ~""~°..~otJ~ of ~he co,ration described in and that executed the within instrument, and also Known
~/t~x~.~ ~:~ r. me to be t~e ,er~ who executed it on behalf of the corporation therein named
~!% .~,~.,o..,..'~ and he acknowledged to me that such corporation ~ executed the same.
4~~~..V.e vPc o~7~ office in the~ounty of San Franci}c~-day and year in this certificate first above
~~j ' Notary Public in and~r the CitI in~ Count) of San Francisco, State of California.
N~ Co~n Expires Feb. 20, t990
Form C-1 ~" "~
A~pril, 1985
14. The parties intend that the promises and obligations of
this indenture shall constitute covenants running with the land so as
to bind and benefit their respective successors and assigns.
IN WITNESS WHEREOF, the parties
presents to be executed in duplicate
herein written.
hereto have caused these
as of the day and year first
ST. LOUIS SOUTHWESTERN RAILWAY COMPANY
(Ti t le)
Attest ~'~ '
~ITY OF COPPELL
By
Mayor
By
Clerk
-5-
~ne~al Attorn y
~. ~o~.,~o ,"j/Ill
Worth ~1~,1~
50
o~,~.~ ~7~ Z,~7~ ......
t ....
S~. Louis S~t~e~em
~ ~ ~ , COPPELLI TEXAS
:~ proposed 60"RCP Culv~ To~rv~" -'~: ,:.
CITY OF COPPELL
.
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