Vista Ridge 1R-8 D-AG051108AGENDA REQUEST FORM
T H E G I T Y O F
COPPELL
T M �
f x^ 6 I e n
DEPT. Engineering
DATE November 8, 2005
ITEM #: 9/13
ITEM CAPTION
Consider approval of a right -of -way use agreement between the City of Coppell and JDB Coppell Village Plaza to
allo\N the Property Owners Association to install and maintain a street lighting system in the City of Coppell right -
of -way on Plaza Boulevard and authorizing the City Manager to sign.
APPROVED BY
GOAL(S)
CITY COUNCIL
ON ABOVE DATE
EXECUTIVE SUMMARY
Motion to Approve
M - Tunnell
S - York
ote - 6 -0
0
uhy absent
Approval of this agreement will allow the developer of "The Plaza" to install ornamental streetlights, with the
associated concrete foundations, conduit and electric conductor within the city's right -of -way The Property
Owners Association will be responsible for the maintenance and electricity associated with the streetlights
Staff recommends approval of the right -of -way use agreement and will be available to answer any questions at the
Council meeting
C),)
3)
FINANCIAL COMMENTS
Agenda Request Form - Revised 09104
abandonment
Document Name- #Coppell Village Plaza Agmt
T H E C I T Y O F
COFFELL
r e y q o
MEMORANDUM
TO- Mayor and City Council
MOM. hcnncth M Griffin, P E , Director of Engineering and Public Works
DATE. November 8, 2005
REF Consider approval of a right -of -way use agreement between the City of Coppell and
JDB Coppell Village Plaza to allow the Property Owners Association to install and
mumtauri a street lighting system in the City of Coppell right -of -way on Plaza
Boulcv ard, and authorizing the City Manager to sign.
The City of Coppell was recently contacted by the owner of the Vista Ridge (The Plaza)
subdivision This property is located approximately 700 feet east of Denton Tap Rd., between
S 11 121 to the south and Highland Dr to the north The developer has been in discussions with
Tevas 1N cw Mexico Power Company to provide the electricity to the site, and has also been in
contact vv ith m� office concerning the type of street lighting to be utilized in the development.
After sc%eral meetings, Mr Speanburg of JDB Coppell Village Plaza - Commercial, LP (JDB),
leas requested that the development be allowed to install ornamental streetlights within the city's
right -ot -�� ay on Plaza Blvd Generally, streetlights installed in the city's right -of -way are owned
bN TM i vv ith the electricity paid by the City of Coppell In this case, because they desire to use
onw iiicntal streetlights, the development will be responsible for the maintenance of the lights.
11so they w i I I be responsible for the clectricity associated with the streetlights
Based on the niformation from the developer, they will be installing 21 ornamental streetlights,
writli associated concrete foundations, conduit and electric conductor within the city's right-of-
NN ay They also will be metering the lights and paying the monthly electric bill associated with
the lights All of this will be handled through a property owners association that will maintain
nui onl% the strc�,thghts but also the connnnm arias within this development.
Because the city will not incur any cost in the streetlights and/or the future electrical use of the
lights, we offer no objections to the approval of a right -of -way use agreement to allow the
installation of the ornamental streetlights within city right -of -way
St,d] v, ill be iv,tilable to answer anti questions at the Council meeting.
COPPE44
YEARS IN
1958.2005
= REAL ESTATE INVESTMENTS
Mr Ken Griffin
City of Coppell
P O Box 9478
Coppell, TX 75019
Re The Plaza
Dear Mr Griffin,
JDB Coppell Village Plaza — Commercial, LP (JDB), developer of "The Plaza ", is requesting
the City Of Coppell allow JDB to install a Home Owners Association owned and maintained
street lighting system in City of Coppell Right of Way of Plaza Boulevard The proposed
street light system will consist of 21 ornamental street lights, including all associated concrete
foundations, conduit and electric conductor These street lights will be metered and the
electric billing for these lights will be the responsibility of the Home Owners Association.
Please let us know the process required to proceed with this proposed installation.
Sincerely
kB
Speanburg
434 COPPERSTCINE TRAIL
CDPPELL T% 15019
TEL 972 7 4 5 "7307 A LIMITED LIABILITY COMPANY
FAX 972 45 71 1 8
int a It i''4 F jj
it/
VISTA RIDGE LOTS 1BR-8X ° � 1.+ :I ''.
BLOCK D, (THE PLAZA) • "`4
•
J
/ AREA OF PROPOSED RIGHT OF WAY
USE AGREEMENT FOR THE INSTALLATION
OF ORNAMEMTAL STREETLIGHTS
ti
•
•,
0.w
Illit 1...
�� \ , a
Z
STATE HIGHWAY_. 121
4
P
PROPOSED RIGHT OF WAY
CITY OFCOPPELL USE AGREEMENT AREA.
CITY LIMIT
VISTA RIDGE LOTS 1 BR-8X (THE PLAZA)
0 150 300
AREA OF PROPOSED RIGHT
1 INCH= 300 FT. OF WAY USE AGREEMENT
Created on 02 August 20 by Sn Latta
FOR ORNAMENTAL STREETLIGHTS S:\CAD\In_Des gn\MISCE%HIBR inB\dq\FHIBITS.Ng\THEPAZALIGAS Created in LDDT
05
STATE OF TEXAS §
§ RIGHT OF WAY USE AGREEMENT
CO[INTN' OF DALLAS §
THIS AGREEMENT ( "AGREEMENT ") is made by and between the City of Coppell,
Texas ( "CITY '), acting by and through its authorized representatives, and JDB Coppell Village
Plaza - Commercial, LP ( "LICENSEE ")
WITNESSETH:
WHEREAS, LICENSEE desires to install a streetlight system consisting of 21
ornaniental streetlights along with concrete foundations, conduit and electric conductor within
the right of �N a\ of Plaza Boulevard (the "IMPROVEMENTS "),
NN H F REAS, the right of way was dedicated to the CITY by Vista Ridge (The Plaza)
Lots 1 BR -SX, Block D Replat of Lot 1 B, Block D Vista Ridge Addition filed for record in
Dallas Counv, on May 13, 2005 in Vol 2005094, Pg 0076 and in Denton County on May 13,
2005 in Vol W, Pg. 272 and more particularly described in Exhibit "A ", attached hereto and
ui,orporated licrem as if set forth in full (the "PROPERTY "), and
NVHE RF AS, LICENSEE has requested the CITY allow the use and occupancy of the
rw ol'N� ay for the IMPROVEMENTS,
WHEREAS, LICENSEE desires to meter the IMPROVEMENTS and be responsible
for all electric usage and other costs associated with the IMPROVEMENTS,
NONN "THEREFORE, in consideration of the covenants contained herein and other
�aluabie Lonsideiation, the receipt and sufficiency of which are hereby acknowledged, the parties
agree as iollo,,��
1 Purpose The CITY hereby grants LICENSEE a revocable license for the purpose of
cornstructmg and maintainuiu the IMPROVEMENTS (the "PERMITTED
iNIPRON ENIU NTS ") NN ithin the n�(Ilit of NN a\ of the CITY
2 Term [lie term of this License shall be perpetual, subject, however, to tcrmnation by
the C'ITN as pro ided herein
3. Non - Exclusive This License is nonexclusive and is subject to the following: a) to any
emstnig utiht} drainage or communications facilities located in, on, under or upon the
PROPFR] i N to all jested rights presently owned by any utility or communication company,
pulih,� or pri\,it�-, for t11e use of the PROPERTN for facilities presently located within the
PROPERT> , and c) to any existing lease, license, or other interest in the PROPERTY granted
by the C'ITA to any individual, corporation or other entity, public or private
Ri-ht- ol'-\v iv t I lgreement - Page 1
4. Fnvironmental Protection LICENSEE shall not use or permit the use of the
PROPERTI for any purpose that may be in violation of any laws pertaining to the health of the
em ironment, including without limitation, the comprehensive environmental response,
compensation and liability act of 1980 ( "CERCLA "), the resource conservation and recovery act
of 1970 ( "RCRA "), the Texas Water Code, and the Texas Solid Waste Disposal Act.
LICENSEE warrants that the use of the PROPERTY will not result in the disposal or other
release of anti hazardous substance or solid waste on or to the PROPERTY, and that
I ICENSFE ��ill take all steps necessary to ensure that no such hazardous substance or solid
w,i w ill e\ cr be discharged onto the PROPERTY or adjoining property by LICENSEE The
terms hazardous substance waste" 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,
how c,. er that ui the event either CERCLA or RCRA is amended so as to broaden the meaning of
any terin dcfincd thereby such broader meanin- shall apply subsequent to the effective date of
suLh anicndiiient, and proN ided further, at the evtent that the laws of the State of Texas establish
a nicanun fur 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 the CITY harniless against all costs, environmental clean up of the
PROPERTN' resulting from LICENSEE'S use of the PROPERTY under this License in
iolation of this AGREEMENT as proven in a court of competent jurisdiction.
5 , liens not permitted LICENSEE shall fully pay all labor and materials
tls�d in, oii ur about the PROPERTI, and will not permit or suffer any mechanic's or material
man 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.
6. Future CITY use This License is made expressly subject and subordinate to the right of
the C'ITI to u the PROPERTh' for an public purpose whatsoever in the event that the
( I I ) shall it any time subsequent to the date of this AGREEMENT, at its sole discretion,
dctcniiin� that the relocation or rcmoNal of the PERMITTED IMPROVEMENTS shall be
ilcccssar% or convenient for CITY'S use of the PROPERTY, LICENSEE shall at its sole cost
and evpcnsc make or cause to be made such modifications or relocate the PERMITTED
II\IPROVEMENTS so as not to interfere with the CITY'S or CITY'S assigns' use of the
PROPFRTI 1 minimtnn of thu ( 0) days %v ritten notice for the exercise of the above action
shill he i_i%cii by the CITY to LICENSEE, and LICENSEE shall promptly commence to make
the rcquu changes and complete them as quickly as possible, or reimburse the CITY for the
re,isori,thic post of making such required changes
7 Duration of License This License shall terminate and be of no further force and effect
in the ckent LICENSEE shall discontinue or abandon the use of the PERMITTED
INIPRON E1IIENTS, or in the evcnt LICENSEE shall remove the PERMITTED
INIPRON'EIIENTS from the PROPERTY, or upon termination by the CITY in accordance
vv ith this AGREEMENT, whichever event first occurs, or, in the event that the CITY abandons
the PROPERTY, then this AGREEMENT shall be of no further effect.
[ ,c ,Ngreement - Page
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
LICENSEE
9 Indemnification LICENSEE shall defend, protect and keep the CITY forever harmless
and mdc nnmi i icd against and from any penalty, or any damage, or charge, imposed for any
\ iolatiorn of any law, ordinance, rule or regulation arising out of the use of the PROPERTY by
LIC ENSEE, whether occasioned by the neglect of Licensee, agents, contractors or assigns, or
those invitees of LICENSEE LICENSEE shall at all times defend, protect and indemnify, and
it 1s the intention of the parties hereto that LICENSEE hold the CITY harmless against and
from anv and all loss, cost, damage, or expense including attorney's fee, arising out of or from
anv accidt - w or other OcCLlrrenCe on or about the PROPERTY causing personal injury, death or
property danm i-e resulting from the use of the PROPERTY by LICENSEE, its agents and
IM itccs ckccpt Mien caused by the willful misconduct or negligence of the CITY, its officers,
employccs or agents, and only then to the extent or the proportion of any default or conduct
Betel - mined against the CITY for its willful misconduct or negligence LICENSEE shall at all
times defend, protect, indemnify and hold the CITY harmless against and from any and all loss,
cost damage or expense, includnmg attorney's fees arising out of or from any and all claims or
causes of action resulting from any failure of LICENSEE, its officers, employees, agents,
contractors, or assigns, in any respect to comply with and perform all the requirements and
propismons hercof
10 _Action upon termination At such time as this License may be terminated or canceled
for any reason whatsoe LICENSEE, upon request by the CITY, shall remove all
PERIIITTI D INIPROVENIENTS and appurtenances owned by it, situated inn, under or
attached io the PROPERTY, and shall restore such PROPERTY to substantially the condition
of the PROPERTY prior to LICENSEE'S encroachment at LICENSEE'S sole expense
11 Termination This AGREEMENT may be terminated in any of the following ways
a Written agreement of both parties
h By the CIT1 giving LICENSEE thirty (30) days prior written notice,
By the CITY upon failure of LICENSEE to perform its obligations as set forth in
this AGREEMENT, after thirty (30) days prior written notice to LICENSEE and
opportunity to cure,
d By the CITY abandoning any interest in the PROPERTY
12 Notice AWhen notice is pcnm:ttcd or rcqun by this AGREEMENT, it shall be in
W - Iting L111d ~hall be deemed delivcred 11m person or when placed postage prepaid in the United
State mm I certi return receipt requested, and addressed to the parties at the address set forth
Opposite them- signature Either party may designate from time to time another and different
address for receipt of notice by giving notice of such change of address to the other party
13 _A ttornev's Fees Any party to this AGREEMENT, who is the prevailing party in any
le,L pro cc(lin - against any other party brought under or with relation to this AGREEMENT
shell he ciiwlcd to reco%er court cost and reasonable attorney's fees from the non - prevailing
P1111%
Right a� t ,c Agreement - Page 3
ld G oNerninjz Law This NGREEI\IENT is goNerned by the laws of the State of Texas,
and � C111- li)r any action shall be in Dallas County, Texas
15. 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.
16 Entire Agreement This AGREEMENT embodies the entire agreement between the
pnrtILs nnl �upersedes all prior agi cements, understandings, if any, relating to the PROPERTY
and the iiw addressed herein, and may be amended or supplemented only by written
111strumc11t u\ecuted by the party against whom enforcement is sought
17 Recitals The recitals to this AGREEMENT are incorporated herein by reference.
18 I L�,Jlll C onstruction The prov isions of this -AGREEMENT are hereby declared
cov uiani, running with the PROPERTI and arc Cully binding on all successors, heirs, and
asv�.�ns of I K L NSEE \a hog acquire any right, title, or interest in or to the PROPERTY or any
part thcr�_ot Any person who acquires any right, title, or interest in or to the PROPERTY, or
anv part hereof thereby agrees and covenants to abide by and fully perform the provisions of this
AGREEtiIFNT with respect to said right, title or interest in the PROPERTY
19 successor Owner Oblip_ations Nom ithstandi ng the above, if and when LICENSEE
asp ill of it right, title or interest in the PROPERTY to a successor owner ( "SUCCESSOR
OWN vLR '), LICENSEE will only haze obligations hereunder to the CITY relating only to the
period of time during which LICENSEE held fee simple title to the PROPERTY, according to
the Dallas County real property records Similarly, each SUCCESSOR OWNER of the
PROPER] N will only be responsible for its obligations hereunder to the CITY relating only to
the period of time during NNhich the SUCCESSOR OWNER held fee simple title to the
PROPER I ) i�_(_ordin to the D,illas ( oiunty real property records
Riuht - N av t Inc Ngreement - Page 4
E \ECtITEDthis day of 2005
CIT1 OF COPPELL, TEXAS
City Manager
ATTEST
Lib y Ba rty Secretary
JDB Coppell Village Plaza - Commercial, LP
By JDB Coppell Village Plaza - Commercial, LP, a
Texas Limited Partnership
Bv JDB Coppell Commercial GP, LLC, a Texas
Limited Liability Company, General Partner
:
John Speanburg
Right- of'-Nl ati Use Agreement -Page 5
LICENSEE'S ACKNOWLEDGMENT
ST-k rF. OF TEXAS §
COLINTI' OF DALLAS §
131 1 ORE VIE, the undersigned authonty a Notary Public in and for the State of Texas, on
this day personally appeared , known to me to be the person and officer
N010se name is subsenbed to the foregoing instrument and acknowledged to me that the same was
the apt of die paid, and that he excuited the same a, the act of said for the purpose and consideration
therein c\hressed and in the capacity therein
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
2005
Notary Public, State of Texas
[i�c 4greement - Pau
c 0
CITI ACKNOW1,EDGMENT
STATE OF TEXAS
COUNTN OF DALLAS
d
BEFORE ME, the undersigned authority a Notary Public in and for the State of Texas, on
this daN personally appeared Jim Witt being the City Manager of the City of Coppell, Texas,
Linovv n to m,_ to he the person and officer \N hose name i subscribed to the foregoing instrument and
ackiim� ledged to me that the same was the act of the said City of Coppell, Texas, and that he
executed the same as the act of said City of Coppell, Texas for the purpose and consideration
tlicrcrnn c\pressed and to the capacity therein stated
(j1� EN UNDER NlY HAND AND SEAL OF OFFICE this the 8 ! �Lt day of
4-6 folAw—
?005
1( s LIBBY BALL
Notary Public Notary P c State of Texas
State of Texas
Comm Expires 06 -11 -2008
Richt of -vv-a�, Use Agreement -Page 7
I«
�f
« §
R )§
. §§ } §
90 .
§#1/
)\ }150 | \\
§%-w)
k }) }\
E
_
$
u
\)
�
( \§ 0 --
j \ §4 /22
|
; r$)&`
-�e2� �� §�)}
}}\ / ®�
■ °|§§»;
■2!/
|,
2` 2 ffr/
ju
.)
}
�t
_§
)
�:
!|
f ]
/E
§/
§)
§�
„
�f
« §
R )§
. §§ } §
90 .
§#1/
)\ }150 | \\
§%-w)
k }) }\
NI 531vIJlhsV 8 1111afO..1—.. NZ D" PN L 9LO139018 tl51A
° a
HIM s = _
gi ea s m X
LU
gl
g g _ 00
`� J W
g $ s' �$ s �^° 3 �Wwc�i 6 �zZ
23
¢w
N
oy�o
tid
al 1
Ns11 jig
po
3 _
s'a
w a8 aE$ ;j.5 $ 4 1 n
i
S
nl a B at 8a as
�a a SD s ^p g
a �$ � — „s° " -- sas aaaascaecccc °cc EA9'H 8$$5$586`8388 5G$S$$3$$3$$S 6$$
e
°.S
a� na gF��a �;� a� Sag
; d ' �a
a a s
4 g• 1$`�R E Ti a
6� 8 v 25?2 ° i °
E $ogU S1 .s°
if