HomeMy WebLinkAboutResolution 1994-051
RESOLUTION NO. 94-51
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, that:
The Mayor be and is hereby authorized to execute the agreements between the City of
North Richland Hills, Texas, and Dallas Area Rapid Transit (DART) concerning the
installation of an 8-inch gravity sanitary sewer and a 12-inch water main across DART's 100-
foot wide right-of-way adjacent to Precinct Line Road, copies of which are attached to this
resolution, as the act and deed of the City of North Richland Hills.
PASSED AND APPROVED this the 10th day of October, 1994, A.D.
APPROVED:
Mark Woo
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
....-....,..-..
cvl<-
'V~
12" Hater Hain
AGREEMENT #
LICENSE AGREEMENT
THIS AGREEMENT by and between DALLAS AREA RAPID TRANSIT,
("DART"), a regional transportation authority, created, organized
and existing pursuant to Article 1118y, V. A. T. C. S., as amended
(the "Act"), and the CITY OJ' NORTH RICBLAND HILLS, a municipal
corporation ("Licensee"), acting herein by and through its duly
authorized city manager, whose mailing address is 7301 N.E. Loop
820, North Richland Hills, Texas (76180).
WIT N E SSE T H:
In consideration of (1) FIVE HUNDRED AND NO/100 ($500.00)
DOLLARS cash in hand paid by Licensee to DART, and (2) the
faithful performance by Licensee of all of the covenants and
agreements contained in this Agreement to be performed by
Licensee, DART HEREBY GRANTS A LICENSE to Licensee for the purpose
of constructing, installing and maintaining one 12-inch water
pipeline (the "Permitted Improvements") crossing adjacent to
Precinct Line Road (FM 3029) at Mile Post 620.80 in North Richland
Hills, Tarrant County, Texas, more particularly described as shown
in Exhibits "A-1" and "A-2" attached hereto and incorporated
herein for all pertinent purposes (the "Property").
The Property shall be used by Licensee solely for the purpose
of installation, maintenance and subsequent use of the Permitted
Improvements (the "Permitted Use"). Licensee's right to enter
upon and use the Property shall be limited solely to the Permitted
Use and the Permitted Improvements.
This License is granted subject to the terms and conditions
set out below.
1.
subject,
herein.
~.
however,
The term of this license shall be perpetual
to termination by either party as provided
2. 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, public or private, for
the use of the Property for facilities presently 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.
3. Desiqn. Construction. Operation and Maintenance. DART's
use of the Property and adjoining property will 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
aeasures may not prevent electrical ourrent beinq present in
proximity to the Permitted Improvements and that such presence
NRHWAT.DOCjms
1 of 6
oould produoe oorro.ive effeot. to the Permitted Iaprovement..
3.01. 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.
3.02. 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 when the
construction is going to be within the area of Railroad
operations. Such approval shall not be unreasonably withheld. No
work shall commence until said plans have been approved by DART
and Railroad.
3.03. By acceptance of this license, Licensee
agrees to design and 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.
3.04. By acceptance of this license, Licensee
covenants and agrees to institute and maintain a reasonable
testing program to determine whether or not additional cathodic
protection of its Permitted Improvements is necessary and if it is
or should become necessary, such protection shall be immediately
instituted by Licensee at its sole cost and expense.
3.05. Absenoe of aarkers does Dot constitute a
warranty by DART that there are no subsurfaoe installations on the
Property. -
4. 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, fe4eral, state or local, required to carry
on any activity permitted herein.
5. 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 covering such work, and has
furnished insurance coverage in such amounts and types as shall be
satisfactory to DART.
6. Duty 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
NRHWAT.DOCjms
2 of 6
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 right, 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.
7. Environmental Protection.
7.01 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.
7.02. 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.
7.03. 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 effecti ve 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.
7.04. Licensee shall indemnify and hold
harmless against all cost of environmental clean up to
Property resulting from Licensee's use of the Property under
Agreement.
DART
the
this
r
8. 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.
9. . 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
NRHWAT.DOCjms
3 of 6
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 fa'ilure,
Licensee agrees to immediately pay to DART all costs incurred by
DART upon demand.
10. Future Use by DART.
10.01. This license is made expressly subject and
subordinate to the right of DART to use the Property for any
purpose whatsoever.
10.02. 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 Permi tted 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.
11. Relocation Benefits. The parties hereto agree that the
construction' of the Permitted Improvements on the Property is
subsequent to the acquisition of the Property by DART and that the
Licensee has and asserts no claim 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 borne by the Licensee.
12. 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 17 of this Agreement, whichever event first occurs.
13. Compliance with Laws and Requlations. 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 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 from any failure to so abide
and_all actions resulting therefrom.
14. Indemnification.
14.01. 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,
NRHWAT.DOCjms
4 of 6
or those holding under Licensee;
14.02. Licensee shall at all times protect,
indemnify and it i. the iDtention of the partie. hereto that
LioeD.ee 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 the 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;
14.03. Licensee shall at all times protect,
indemnify and 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 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 provisions hereof.
15. 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.
16. Assiqnment. 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
obliqation to qrant.
17. Methods of Termination. This Agreement may be
terminated in any of the following ways:
17.01. written Agreement of both parties;
17.02. By either party giving the other
party thirty (30) days written notice;
17.03. By either party, upon failure of the
other party to perform its obligations
as set forth in this Agreement.
18. Miscellaneous.
18.01. Not ice. When notice is permi tted or
reqüired 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 75266-7230
Attn: Manager of Right-of-Way
NRHWAT.DOCjms
5 of 6
LICENSEE: City of North Richland Hills
P. O. Box 820609
North Richland Hills, Texas 76182
Attn: Public Works Director
Either party may from time to time designate another and
different address for receipt of notice by giving notice of such
change of address.
18.02. Attornev 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 costs and reasonable
attorney fees from the non-prevailing party.
18.03 Governing Law. This Agreement shall be
construed under and in accordance with the laws of the State of
Texas.
18.04 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.
18.05. 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.
18.06. 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 day of , 19
LICENSOR:
DALLAS AREA RAPID TRANSIT
By:
ROGER SNOBLE
President/Executive Director
LICENSEE:
CITY OF NORTH RICHLAND HILLS
APPROVED AS TO FORM:
By:
Printed
Title: IYJI1Y~
Office of DART General Counsel
NRHWAT.DOCjms
6 of 6
I
"..-
.
.
"
lfXNïarr A -,
I iI i ¡ i !iW! lj!!lImmll
ì ~I &! I i!i:l~ðl.E:aHaiB~
J § I II I ì I ä, 'I ; d :~~ II P .0; I ~ ¡ ,;
" I lie ä~~!I~o:!! ,II,
~ :1 I If 10..:" ë!a. ¡ '.:
~ 11,1 II j,.-.., ,I ': i ~ : n' I' ¡: :
! -F! - 1:~'oOle'!l~ " ,
I!!III 'UII ~ :'"I!':~ ¡~: :::
ti II i e~i!~ Iii' .. ,- ':I,i" '
~ .1 Iii I: I' ~ª~i ¡ !! Ii ¡ i ¡¡ ¡ ¡
· "ti ~ I 'JI:¡:; : I '
lðl~il II ·iI' ,
,I #~ '".,.."
...... ~ I~ J I '. § II S ! : ¡ i ¡ : ¡ ¡
. ì I~ R I J, I I i· : ~: ~. : : : :
It) I . I . .' . I . I
II 1101 I I ¡ ~ I I' : : i ~: ~: :: : :
. ,.,., ~ :flit I' '" D' . I I I
II 11/\ I I .' I" I ..' .. : :
~.I 1'1 :1: LLV¡¡ :: ::
! 1;;.1 i J. I i I I , ~R.I~ ~r<:ll ~ r I ¡:.¡ I I~
I J'I j:: I ~, 1 I I' I I~I I~ ~I I~f 1 ,...
~ r I I :: ~E,I 1 1 1 I I 1",1 ~ OI~' ''''I~I:
I 1-. ~ I ¡ ¡ ~ll I "'RI~ L.'~~I~f:lh¡r>i"lJf."I;!
~ J 1 ,. ",... l:t-!.~~I~, tr 1~1 ;
f 1-4!, ¡ ¡ ~f.bI'I,.J"I~ I';¡~ I 1~t'\~I"
I~ I:: I ~I 1 I I ~ It-~I I I ~I t'I 1:t.1~1
"' 11'-",1 I I I I ~I I , ~I I~I I 1-"
J ~ ~ ~I 1 I I II ,I I I ~I I\)' I I~
I I ~H '10.-.. I
~ : I~: ¡ri: r~: M' L : ¡ ~:
. I "1 1 1 I I 1 ~I ~ I t ~""
I . I ~ ~~I.J~ ~ ~ ~II) E
! : : ~I i\~'I~~,:J?~~:: r., ~~ ;
, I I ~ " I I ¡;".el I~ I I ~~
! I I f1'1 I I I I I II: I , I~ I I h¡f
. I I '~ I I , I I ~I I I ", I ,..1
J? ,...
~
.
~
I
.
J
I
a
I
*
Ii
H I
n ìl
I! II
§¡ ì~
!j i AI
! I : ~ ____(~_________
i .1 ~ ~
~ U i
; :J ~ 8 I! ì
i ª ~ ~ '1
.i!!~~ 21 ~
3!ø! ~ A
- 00 >
~=C}o
11 _:;;
~ ~J;) Õ
4 1t~ r-
~ Iii ~
" Ci CI'I
.',"T
LUT
<1>
Is
!I
¡¡
.
.
~.______, '_n ____._ __. _._______ _"_-:..-,~,__..___"
- ._..~. -., .-.--
----~---~_._-_.'(..._-------_.--_..
,
I!! :
c, a I:
~ I it i
e-j ~
.. ~
1 !.. ..
· i
Iii; n
Ic:.~" "
RI! ~
~I 0 ï
~~ J ;:
~ "
~I I k
I I..I~ I
I ß . a
I: ~ II
" ~ I
I N i
J 1 a
; ~ ~
· ~i
I I J
I ,) ~
I ~ ~
I 10:
I R:
11'\ ,
~,,"1:
~ II"
í i ,~ :
I ...'
I'II!'I
I : :~ i
'1Ig e
: : ~ I
II I ){
au
eee
III
eee
¡~I¡II~I~~~ ~ ~
i~d~"'llgl <) Ii g
I I I I ~ I I , 5 1'1 ð
I , I II I I I ¡
, I I II I I I g ~
I I, I hl>~,hl ~ I
t111:Þ1 ~~~~ r¡o. 0 ~
~~: ~~~p~~ i
~~: ~~~~e i
~~ i~I~¡ ~ ! ~
~~I I R /8FI ~ 0 B 0 ~ ~
~ ¡ ¡ ~~ ~ ~ ii' i ~ i ~
I 1t, I I ¡ ~I).I !!I ( i E ! OJ
~~ 1::1 ~~ f fa J -<
ll, 11,111 ..-;c ?ö
~I I 'I J ~ i ,"' 2! I"' ë ~
~' 1 I I MIl'l III ~ n
M~ 11:¡¡9~ ~i~~ ~
1-11 I I I I I I ลก ~ = i!
~ 1 1...' 1,1 I !
I II ~~III =
I I I /-I, 1 I I · £2
~III ~'III'I iii
IT)I/I 'II
IJ I: I~~I::~
1:i>I" Ç{G'I I I II
~II k-<II I&
~ II I'f.¡ III ~
LI 'I 'I I I I
r;>1 I 1 I I I I I
?
I!JI
¡; ~;
I J I
I I J
I I
I,
I I
II
II
I I
,
I
I
I BJ"II·
I a ~, .. i
~ïí§æ~a I
"ShS:§!'
¡RBil' =1
I I I i I
! I 8 I I 1
I I I I I
I I ' I I I
~ , " I! I I
1 1 I I I
II Ull II
1 I "I I
- I cell II
I I II I I
I 1 1111 II
I I eel I I'
I I
I
I
I
1111
ð~i
II ·
I~ J
E I
S ,Ii I
I · ~
I I
Ii..
I I
----- --1\ i·
'-1, i! I
r ,Ii ¡
i !I ¡,
I .
I
I
I
iI!
u~
I;
ec
fa
i
ee
I!:I
illil
I I 8
I I ~
I I I
I I I
I I I
I I
I' I
I I z
I I ..,
I 0
I ;;Q
I ~
I ::;j
I <:;
, z
I OJ
I -<
I 21
, ~
I 21
I 0
I ~
I
I
I
I
I
I
I
I
I
I
"
..s.-
'~
..
~
, ~
::¡
, ~
.Q
\
"'"'0
~<'ú"
1
f
a.
/
I
~
i
,.,~
.
,
~
.
,'1
~ ~
~
G)
...e\ r
=;
.:t ~
~ >.
,
-þ
(),
t . ~
,~
. \~
~
. ¡
.
I
..
~
,
I
.
.
.
.
.'
..~:,
I:
''!
.
.
~
~,
.~
~
, I
I ,
.
. .
, '.
.,