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HomeMy WebLinkAboutRES 1988-043 RESOLUTION NO. 88-43 A RESOLUTION OF THE CITY OF GRAPEVINE, TEXAS, APPROVING A LICENSE AGREEMENT BETWEEN THE CITY AND THE DALLAS/FORT WORTH INTERNATIONAL AIRPORT BOARD FOR THE PLACEMENT OF A CITY SANITARY SEWER LINE ON AIRPORT PROPERTY PROVIDING A SEVERABILITY �'� CLAUSE AND PROVIDING AN EFFECTIVE DATE „�,„, WHEREAS, the City Council and the Dallas/Fort Worth International Airport Board hereby agree that it is in the best interest of the City and the Airport to locate a sanitary sewer line on Airport property for the purposes of serving the Heritage Industrial Park Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . That the City Council hereby approves the license agreement between the City and the Dallas/Fort Worth International Airport Board, a copy of which is attached hereto as Exhibit "A" and incorporated herein for all purposes. Section 2. That the Mayor is hereby authorized to execute said agreement by and in behalf of the City. Section 3 . That if any section, paragraph, phrase, word or provisions in this resolution or the attached license agreement �:,:� is held to be invalid by a court of competent jurisdiction that determination shall not affect the remaining provisions of this resolution or the license agreement, which provisions shall �� continue in full force and effect. Section 4 . That this resolution shall become effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 18th day of October , 1988. APPROVED: W' .,,�. Mayor ATTEST: City Secretary APPROVED AS TO FORM: ;` . , . ; , ,.. . . , r,. City Attorney EXHIBIT "A" TO RESOLUTION NO. 88-43 i � �'s-��i:.�.:i'i�.lv 1 �,h,� STATE OF TEXA.S ' GOUNI'Y OF TARF2ANT � This Agreement is by and between the Dallas-Fort Worth Intexnational Airport Board, a joint agency of the Cities of Dallas, Texas and Fort Worth, Texas (hereinafter called "Aizport��) , and the City of Grapevine, Texas, an incorporated gome Rule City, situated in D�llas and Tarrant Crninties, Texas (hereinafter called "Grap�vine��) , and is effective as of the day of i990. R E C I T A L S : . _ W�► the Airport and Grapevine desire to install a sanitary sewer line and all reasonable and necessary appurtenances -(hereinafter referred to as "Line") , on Airport proPertY, more particulary described Ori th2 attdC�l2d �1]blt ��A��� PdC�PS 1 c"1I1C� 2 aS TY'dCt.S nAn al'X� nBr�� aIK� . in accordance with the approved engineering plans (hereinafter referred to as "Plans") ; W�RF'..AS► the Airport and Grapevine desire to have the Line pass onto and within the baundary of the Airport; �� W�E'.AS, Airport and Grapevine desire the installation of the Line for the health, safety arid welfare of both, including the economic �` '' benefit derived therefrom, by allc�wing Airport to tie into the Line at a futur'e date upon prior written notice to Grapevine; �.� W�F'JAS, Grapevine. shall be re_sponsible for the cost of ����'! � �inta;n;r� the Line and finds it to be in its best interest to enter into a license agreement with the Atrport for the canstruction and maintenance of said Line; NC7fn1► TI�REFORE, for consideration of the - construction and � maintenance of the Line, the benefits described in the recitals � contained in this Agreement and for other good arid val.uable considerat�on, the receipt and sufficiency of which is here.by aclmawledged, Airport arid Grapevine agree as follows: 1• Airport grants a license to Gra pevine for a period of forty (40) years, conmienciriq on the date of execution of this Agreement, to enter upon Airport pz�p�x�tY to c�anstruct,. . inctall ar�d mai.ntain at Grapevine's sole expense, exvept as , her�inbelaw pravided, a sanitaty sewer line. The construction shall be done on the prop�rty more particularly descr'ibed on F�chibit "A" attached hereto and incozporated herein for all purposes, which property shall be lmc�m as- _ , the "Licen.sed Premises." said construction sha11 be in � - 1 � � � �� . . ' -� .. ....i accon�ance with the Plans approved in writing by Airport�s Senior Director of Planning & F�gineerinq prior to construction of the Line. 2. Actual construction, maintenance and re '� pair of the Line shawn on the Plans shall be the responsibility of Grapevine. Title to the Line shall pass to Airport upon ccm�letion and acceptance of the construction of said Line by Grapevine. "'� It is under�stood and agreed that reasonable and necessazy maintenance and repair of the Line is necessazy to maintain it in a safe and usable condition consistent with other sanitary sewer lines maintained by Grapevine, in accordanc.e with the standarcis set forth in the ordinances and . regulations of Grapevine. Grapevine, its officers, � e�loyees and agents shall have the authority to enter onto the Licen.sed Premises for the puzpose of constructing, � monitoring, maintaining and repairirig the Line. Subject to Paragraph 3 hereof, it is understood and aqreed that in the event said Line is not constructed by Grapevine, the only ' remedy of Airport shall be the termination of this ', � Agreement. ' 3. Grapevine agrees to defend and hold Airport whole ar�d harmless from all claims, suits, costs and da�r�s arising aut of or in connection with the design, construction, maintenance, repair, or control by Grapevine of the L3.ne, whether for liens asserted and arising ther+efrom or for personal injuzY, death or prop�xtY dama9e e�ccept to the extent caused or contributed to by Airport's negligence or the negligence of a person or corporation other than � Grapevine officer�s, employees or agents. Nothixig in this Agreement shall be construed as extend3nq ta, or creating, ,,�i any thi�l party beneficiaYy. _ . 4• Aizport shall have the right at ariy time to revoke this Agreement upon a finding based upon substantiated facts that the Line causes a safety hazard to aperations at the .. Aizport, or for any breach of the term.s� of this Agreement . n°'t cor�'ec�� bY Grapevine within sixty (60) days of rc�ipt � of written notice to corrnc,-t such breach or, iri the case of _ a breach nat reasonably capable of correction within said - �stime period, if Grapevine, withi.tz said sixty (60) days or at �nY time thereafter fails to diligently ur�derta)ce ar�d pursue the correction of suc,h breach. Grapevine shall be natified by written notice sent to its City Manager at least fifteen (15) days prior to the Aixport�s c.onsideration of the tezmination of this Aqree�nent. 5. If Grapevine abandons construction or use of the Line before the expiration or earlier revocation of the Agree�nent► _ = 2 � *� „ . . ,�,wr�''�! . . �,, , :£ .. �q:: � . ...,. . ...._.....�.,ws..:_w.,.,.�:, . Grapevine shall, if requested in writing by Aizport, - prc��tly, and in the manner directed by Airport's Senior Director of Planning & Engineeririg, remvve part or all of ��„ Line from Airport property and restore said praperty to the condition existing prior to the construction of the Line. In the event Grapevine fails or refuses to re�nwe said Line and restore the Licensed Premises to the condition existing '°�° prior to construction, Airport may remave the Line and restore the Licensed Premises and Grapevine shall pay Airport the reasonable cost of such work. 6. The waiver of a breach of any of the terms or conditions hereof shall be limited to the act or acts constituting such breach and shall never be construed as being a contirniing or pe�nent waiver of any such it�ms or canditions, all of which shall remain in full force and effect as to future acts or happenings, not withstanding any such waiver. 7. This ILicense is personal to Grapevine and is not assiqnable or transferable without the prior written consent of the Airport. 8. Grapevine shall have twelve (12) months from the date this � Agreement is executed to begin construction of the Line. Once construction has begun, Grapevine will diligently pursue completion of the Line. � 9. Airport shall have the right to tezminate this AgreemP�t upon twelve (12) months prior notice to Grapevine shauld �"" Airport require the L�i.cen.sed Premises for Airport use. In the event Airport terminates this Agreement .pursuant to � this ParagraPh. Ai-rport shall pay to Grapevine the unamortized cost (amortization of those costs to be done in . the manner that is in acco�ance with generally accepted accaunting principles) of constructing the Line. � 10. This I�icen.se is not intended as the grant of an exclusive right or interest. Airport shall be allawed and resezves the right to grant additional licenses, eas�ts, or rights in the property herein described withaut beirig in conflict -:herewith so long as said grant of right, license or easement � does not �riterfere with the use of the License herein granted. 11. All notices required pursuant to this Agreement shall be sent by first-class United States mail, postage prepaid, � - registered or certified with return receipt requested: - - 3 . �r.�r ` _ _ . : � . ._. - - ,_ ,�..� If to Airport: i,alla�-Fort Worth International Airport Boan� � Executive Director .� P.O. Drawer D�1 Dallas-Fort Worth Airport, Texas 75261 � � If to Grapevine: � City of Grapevine % City Manager 413 Main Street P.O. Box 729 Grapevine, Texas 76051 12- Grapevine shall not aperate said sewer line in violation of ariy state, federal, or local ordinance, r�lation, or law. 13. In the protection of purchasers or lessees of abutting or adjacent property, Grapevine shall file this Agreement for public recon3 in the Deed of Records of Tarrant County, Texas. � ��TI'ED IN TRIPLICATE TfIIS DAY OF 1990,. the City of Grapevine signing through its Mayor, as authorized by resolution passed by the Grapevine City Cauncil on � , and the Dallas-Fort Worth International Airport Boan1 signirig through its Executive Director as authorized by resolution passed on , 1988, each attestirig thrvugh its Secretary and thereafter notarized accordingly. � �AL�I�1.S-FORT Wt�RTFI �'E�TIONAL ,r,�r AIF2PORT BOARD BY Executive Director APPR�VED AS � FOFZNI: Legal Counsel for the Boan�i ATI'FST: Staff Secretary for the Board . _ 4 - � . � =; '�.�:: ..:,., . . .�t . . .. , ...� ...... .+YJi'Wru��»F�a.���YM�IOAi� � � � � ... . . ,. . .. . ...�, . ,,.+� ., • CITY OF G�t��PEVTNE � � William D. Tate, Mayor A'I'T�ST': �. . . . . . City Secretary City of Grapevine APPROVID AS Zt� FORM: City Attorney City of Grapevine � � GrapLic �* S �.r � ' • � • � '-�� . __ . ._�..r _ ...� _:. ._ . ..�.,� �� . ��*1+ n�v Page 1 ZRACr ��Au � BEING a 1.034 acre tract of land situated in the Alex Tho�son � Survey, Abstract No. 1532, Tarrant County, Texas, and being a portion of a 70.222 acre tract of land as described in a deed recorded in Volimie 5585, Page 460, of the Deed Records of Tarrant Caunty, Texas (�R'n-�) , and being a portion of a 31.092 acre tract of land as desc�'ibed in a deed recon3ed in Voltmle 5386, Page 55 (DRTCT) , atxi being more particularly described as follaws: CCk'A�1C'Il�1G at a concrete mornBnent marked Regional Airport Mornunent � No. 50 in the southeasterly rightrof-way line of State Highway No. 26; ��10E South 41°10'06" East a distance of 456.10 feet to the POINT OF �GINNING of the herein described tract of land; . T'HIIdCE South 44°02'04" East a distance of 500.00 feet to a point for corner; � Tf�10E South 41°10'06" East a distance of 1,554.68 feet to a point in the northerly right-of-way line of Mustang Drive (County Road 3030) (50 right-of-way) ; Z�10E following the northerly right-of-way line of said Mustang Drive, South 63°36'36" West a distance of 25.86 feet to a point in the westerly line of said 31.092 acre tract of land; ""�""� ZT�ICE departinq the northerly right-of-way line of said Mustanq w�rr Drive, North 41°10'06" West a distance of 2,047.46 feet to the POINT OF �7GIP�1G and containirig within these metes and baur�s 1.034 acres or 45,027 square feet of land, more or less. Zhe granting of this License shall include a tes�orary . construction license consisting of a strip of land 80 feet in width along the east side of the abave-described tract, This ten�orary ' construction license shall be for the purpose of ingress arid eqr-ess� storage of materials, and other necessities required for the construction of the praposed sanitazy sewer tnu�lc mairi. The duration of this tenq�orary license shall be for 120 calendar days •frtim the date this License is granted. . . � � . . �� � _ . . . 1 �� . . .. .. ._, � ... �--.� �,�.d F.XHTRTT t�A�� . - Page 2 'II2AGT ngn � BEING a 0.009 acre tract of land situated in the Alex Thcn�son Survey, Abstract No. 1532, in the City of Grapevine, Tarrant County, �' Texas, and being a portion of a tract of land as described in a deed recon3ed in Voltune , Page , of the Deed Records of Tarrant County, Texas (DI�'I'CI') and being more particulary described as follaws: BF7GINNING at the point of intersection of the sautherly right-of- way line of Mustang Drive (County Road No. 3030) (50 foot rightrof-way) with the westerly line of DFW Airport property; T�CE follc�wing the southerly right-of-way line of said Mustang Drive, North 63 36'36" East a distance of 25.86 feet to a point for COrnPS; ��ICE departing the southerly right-of-way line of said Mustang � Drive, Sauth 41 06'31" East a distance of 15.51 feet to a point for corner; T��10E South 63 36'36" West a distance of 25.86 feet to a point in the westerly line of said DFW Airport property; TF�ICE following said westerly line, North 41 06'31" West a � distance of 15.51 feet to the POINT OF BDGIl�INING and containin�r within these metes and baunds 0.009 acre of 401 square feet of land more or less. The granting of this License shall include a tei�oraty constzuction license consisting of a strip of land 80 feet in width along the east side of the abave�escr�bed tract. This terg�orary construction license shall be for the purpose of ingress and egress, storage of materials, and other necessities required for the construction of the proposed sanitary sewex trunk main. The ciuration of this tenqx�rary license shall be for 120 calendar days from the date-. this L�icense is granted. �^ _ �r�..+ � . . . . . •