HomeMy WebLinkAboutItem 06 - DFW Airport MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER �(Z.
MEETING DATE: DECEMBER 1, 2015
SUBJECT: LICENSE AGREEMENT FOR WATER, SANITARY SEWER AND
STORM DRAIN SERVICE — DALLAS/FORT WORTH
INTERNATIONAL AIRPORT BOARD
RECOMMENDATION:
City Council consider approving a License Agreement with the Dallas/Fort Worth
International Airport (DFW) to provide water, sanitary sewer service and storm drainage
to DFW Airport in the vicinity of Metro Circle and eastbound State Highway 114 frontage
road.
BACKGROUND:
Two automobile dealerships (Audi and Land Rover/Jaguar) are prepared to be
developed on DFW property in the City of Grapevine on the south side of Eastbound
State Highway 114 frontage road west of Metro Circle. DFW Airport has no facilities in
the immediate area.
DFW Airport proposes to construct a 12" water line along the frontage of State Highway
114 connecting the existing 12" stub by the NTB site and extending to the east to the
existing lines and stub at Metro Circle and extend an 8" sanitary sewer line from Metro
Circle along the frontage of State Highway 114 to serve the DFW properties. The City of
Grapevine Water Master Plan requires a 12" water main across the frontage of the site.
Staff recommends approval.
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The Dallas/Fort Worth International Airport Board ( hereinafter called "Licensor" or "Board")
hereby grants to the City of Grapevine ( hereinafter called "Licensee") the hereinafter described
privilege, in accordance with the terms and conditions set forth in this agreement ( "License")
below:
( 1 ) LICENSEE: City of Grapevine
(2) LICENSEE'S ADDRESS: City Manager
Department
PO Box 95104
Grapevine, TX 76099
817-410-3000
(3) PRIVILEGE ( including property To occupy and use that portion of property located
description) : on Dallas/Fort Worth International Airport
( "Airport" ) designated by Licensor more particularly
described in Exhibit "A" attached hereto ( the
"Designated Operating Area" ) for the purpose of:
(a) allowing Licensee's water, sanitary sewer and
storm water utilities to serve Airport property located
between East of South Main Street and West of
Metro Circle, South of East State Highway 114
and North of Metro Place Drive; and
(b) allowing Licensee to enter Airport property,
upon prior written notice to the Board, to access,
operate, maintain, improve, reconstruct, repair,
relocate and inspect Licensee's Public Utilities and
associated appurtenances as described in Exhibit
"B" ( attached hereto) at Licensee's sole expense.
(4)
RENTS AND
FEES:
None.
(5)
EFFECTIVE
DATE:
January 1, 2016
(6)
EXPIRATION
DATE:
December 31, 2055
(7) SPECIAL TERMS AND
City of Grapevine - License - Metro Place Drive Area
( a ) Both Board and Board's Lessee ( s ) have the
Page 1 of 10
CONDITIONS: right to tie-in to Licensee's utility lines for water
( domestic, irrigation and fire) , sanitary sewer and
storm water, without tap fees, but with all costs
associated with said tie-in to be borne by Board or
Board's Lessee(s), at any time and at any
location as deemed necessary by the Board and
Board's Lessee (s) and upon prior written notice to
Licensee.
(b) Board and Board's Lessee (s) shall pay for
such water and sewer services in accordance with
the standard City of Grapevine Utility Services
charge schedule applicable thereto.
(c) Board and Board's Lessee (s) are to install a
12 -inch water line and all reasonable appurtenances
to connect between Licensee's existing 12 -inch
water stub -out ( near the National Tire & Battery)
to the West of the subject property and Licensee's
existing 12 -inch water stub -out located near the
intersection of Metro Circle and East State Highway
114 to the East, as depicted in the attached Exhibit
"B", attached hereto. If the water pipe size
required for the new developments is lower than
City of Grapevine's master -planned size ( 12 -inch
water line) , the Licensee will reimburse Board or
Board's Lessee (s) for the upsize premium.
(d) Board and Board's Lessee (s) are to install
an 8 -inch sanitary line to connect to Licensee's
existing sanitary sewer stub -out near the intersection
of Metro Circle and East State Highway 114, as
depicted in the attached Exhibit "B", attached
hereto.
(e) Board and Board's Lessee (s) are not to
construct any structures that unreasonably interfere
with Licensee's access to its infrastructure
( including light pole foundations and canopy
foundations ) within 5 feet of the City lines as
shown on Exhibit "B". Standard concrete paving
used for parking and drive aisles can be
constructed near and over said lines.
City of Grapevine — License — Metro Place Drive Area Page 2 of 10
City of Grapevine — License — Metro Place Drive Area Page 3 of 10
GENERAL.TERMS__AND CON_DITIONS
License. For and in consideration of the payment of the rents and fees as set forth herein,
Licensee shall have the NON-EXCLUSIVE right to use the Designated Operating Area described
herein for the limited privileges set forth herein, and none other.
No Leasehold Interest. Licensee acknowledges that this License is not a lease, that there
are no leased premises, and that this License does not create a leasehold interest in any part of
the Airport.
No _ _!tVarranties___ of Suitability(. Licensee acknowledges that Licensor has made no
representations whatsoever concerning the suitability of any Airport property or facilities for the
exercise of the above -stated privileges.
In-cmess and Egress. Licensee, its employees, invitees and those doing business with it shall
have the right of ingress and egress to the Designated Operating Area, subject to applicable parking
fees, traffic regulations, and other operational rules prescribed by the Board.
Nuisances and Board Rules. Licensee, its employees, invitees, and those doing business
with it shall conduct its operations in such a manner so as not to annoy, disturb or be offensive to
others at the Airport, and shall maintain the Designated Operating Area in a clean and orderly
manner as prescribed by Licensor. Licensee shall obey all rules and regulations of the Board as
same may be amended from time to time. Upon completion of construction, the facilities shall be
underground and this section shall not be applicable to Licensee,
Repairs and Improvements. Licensee shall promptly repair or replace any property of the
Licensor damaged by Licensee's operations hereunder, and shall be responsible for maintenance of
the Designated Operating Area. This License provides approval for Licensee to install and maintain
water and wastewater lines to the areas noted on Exhibit "A." Licensee shall be solely
responsible, at its expense, for properly determining and verifying the location of any utilities or
infrastructure in or around the Designated Operating Area, and for properly protecting and/or
relocating utilities and infrastructure, including without limitation, those owned or controlled by Board
or any other third parties. Any information provided by Licensor regarding the location of any
utilities or infrastructure, whether within the Designated Operating Area or elsewhere, is for general
information only and shall not relieve the Licensee of the above -stated obligation to independently
determine and verify the location of such utilities or infrastructure.
COMPLIANCE WITH APPLICABLE LAWS
General. Licensee shall procure all licenses, certificates, permits or other authorization from
City of Grapevine — License — Metro Place Drive Area Page 4 of 10
all governmental authorities, if any, having jurisdiction over the operations of Licensee at the Airport
which may be necessary for Licensee's installations and operations; provided, however, that this
License shall function as permission for the Licensee to use Airport property as designated on
Exhibit "A." Upon request by the Board, Licensee shall verify all licenses, permits or other
authorizations procured. Licensee's obligations to comply with governmental requirements are provided
herein for the purpose of assuring proper safeguards for the protection of persons and property and
are not to be construed as a submission by Licensor to such requirements or any of them.
Non_ -_Discrimination. It is the policy of the Board that Minority-owned and Women -owned
Business Enterprises (M/WBEs) shall have the maximum practicable opportunity to participate in the
awarding of Board contracts. Licensee agrees to make a good faith effort to provide maximum
opportunity for the consideration and use of M/WBEs in the contracting, subcontracting and
purchasing activities associated with this License and to abide by all applicable provisions of the
Board's M/WBE Program. Licensee further agrees that no person shall be excluded from
participation in, denied the benefits of, or otherwise discriminated against in connection with
Licensee's activities pursuant to any Board contract because of race, color, religion, national origin,
sex, age, handicap or political belief or affiliation. Licensee shall conduct all of its activities in
compliance with and pursuant to Title 49, Part 21 of the Code of Federal Regulations
( Nondiscrimination in Federally -Assisted Programs of the Department of Transportation - Effectuation
of Title VI of the Civil Rights Act of 1964), as said regulations may be amended. Licensee shall
maintain and, upon demand, make available to an authorized representative of Licensor copies of
any and all agreements it has made with suppliers, employees or customers, or any other
agreements concerning Licensee's operations at the Airport.
INSURANCE
Licensee is a self-funded entity
and as
such, generally does
not maintain a commercial
liability insurance policy to cover premises
liability.
Damages for which
Licensee would ultimately be
found liable would be paid directly and
primarily
by Licensee and not
be a commercial insurance
company.
DEFAULT, REMEDIES, AND TERMINATION
Default. If Licensor is required or reasonably elects to pay any sum or sums, or incurs any
obligations or expenses due to the failure, neglect or refusal of Licensee to perform or fulfill any
one or more of the conditions, covenants, or agreements set forth in this License, or as a result of
an act or omission of Licensee contrary to said conditions, covenants and agreements, Licensee
agrees to pay all agreed upon funds after thirty (30) days' notice.
Termination. The Chief Executive Officer of the Board or Licensee may terminate this
License at any time with or without cause, upon ninety (90) days written notice to the other party.
If this License is terminated with or without cause, Licensor shall refund to Licensee the unearned
rents and fees paid in advance for that year, pro rata to date of termination.
City of Grapevine — License — Metro Place Drive Area Page 5 of 10
Restoration of Property. Upon expiration or termination of this License, Licensee shall at its
sole expense restore the Designated Operating Area to its original condition as required by Licensor,
exclusive of normal wear and tear, to Licensor's satisfaction. Any property of Licensee placed on
or kept at the Airport by virtue of this License shall be removed on or before the expiration or
earlier termination of the License. Licensee shall have the option of leaving underground facilities in
place.
Holdover_ by_Licensee. In the event Licensee shall hold over and continue its activities under
this License after the expiration or termination of the term of this License, such holding over shall
not be construed to operate as a renewal or extension of this License, but shall operate and be
construed as a tenancy at sufferance.
MISCELLANEOUS
No Assignment. This License is personal to Licensee. It shall not be assigned, sold,
conveyed, mortgaged, or pledged ( other than to an affiliated or related company) without the prior
written approval of Licensor, which may be withheld in Licensor's sole discretion.
Entire__Agreement. This License constitutes the entire agreement of the parties as to the
subject matter contained herein and may not be changed, modified, discharged, or extended except
by written instrument duly executed on behalf of the parties.
Notices. Except as provided in the environmental Notice section hereinabove, all notices
hereunder may be delivered or mailed to Licensor at the following address, or such other address
as designated in writing by Licensor:
Dallas/Fort Worth International Airport Board
P.O. Box 619428 (if by mail)
2400 Aviation Drive (if by hand)
DFW Airport, Texas 75261-9428
Attn: Vice President, Commercial Development Department
972-973-4655
All notices hereunder may be delivered or mailed to Licensee at the following address, or such
other address as designated in writing by Licensee:
City of Grapevine
City Manager
Department
PO Box 95104
Grapevine, TX 76099
817-410-3000
City of Grapevine — License — Metro Place Drive Area Page 6 of 10
APPROVED AS TO FORM:
Legal Counsel for the Airport Board
DALLAS/FORT WORTH
INTERNATIONAL AIRPORT BOARD
I�F1iT�
Title:
Date:
CITY OF GRAPEVINE:
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City of Grapevine — License — Metro Place Drive Area Page 7 of 10
Name:
Title:
Date:
City of Grapevine — License — Metro Place Drive Area Page 8 of 10
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Exhibit B — Metro Place Drive Area
City of Grapevine's Public Utilities
City of Grapevine — License — Metro Place Drive Area
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