HomeMy WebLinkAboutItem 19 - Library Expansion ProjectITEM _ l q
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGERiw
MEETING DATE: MARCH 28, 2000
SUBJECT: LIBRARY EXPANSION PROJECT — DFW AIRPORT
TEMPORARY CONSTRUCTION EASEMENT
RECOMMENDATION:
City Council to consider authorizing the City Manager to execute a Non -Revenue Permit
between DFW International Airport Board and the City of Grapevine for the provision of
Temporary Access to the Construction site for the Grapevine Public Library across DFW
Airport property, and take any other necessary action.
FUNDING SOURCE:
None Required
BACKGROUND:
Construction of the expansion to the Grapevine Public Library will begin in May. In an
effort to minimize the impact on the patrons of the Library during construction. Staff
proposes the use of a temporary construction easement for construction access to the
site. The temporary construction easement will be located on DFW Airport property
which is located immediately south of the City of Grapevine property which the
Convention Center, Library and Community Activities Center are located.
As part of the project, the Contractor will be required to construct a temporary access
road, maintain it for the duration of the project and remove it at the conclusion of the
project. The temporary construction easement will allow the construction traffic to use
Hanover Drive to access the site.
Staff has met with DFW Airport staff and developed the attached agreement. The
agreement provides this temporary construction easement to the City of Grapevine at no
cost. The expiration date of the agreement is March 1, 2002.
Staff recommends approval.
March 22, 2000 (8:50AM)
DALLAS`FORT WORTH INTERNATIONAL AIRPORT BOARD
NON -REVENUE PERMIT
The Dallas/Fort Forth Imemational Airport Board (hereinafter called "Board") hereby grants
to Permittee the hereinafter described privilege at the Dallas/Fort North International Airport
(hereinafter called "Airport"), in accordance with the Terms and Conditions set forth below:
(1) PERMITTEE:
11ER`IITTEE'S .1,DDIZESS:
( 3 ) PRIVILEGE:
(4) FEES:
(5) EFFECTIVE DATE:
(6) EXPIRATION DATE:
City of Grapevine
P.O. Bos 95 104
Grapevine, Texas 76099
Contact: Bob Price
S17/410-3359
To temporarily access Airport property to a
construction site during expansion of the
Grapevine Public library, as shown on Exhibit
A,
None
March 1. 2000
March 1, 2002; however, as found in the Terms
and Conditions, this Permit may be revoked at
any time by the Executive Director of the
_Airport Board.
GENERAL TERMS AND CONDITIONS
USE OF AIRPORT
No Leasehold Interest. Although Permittee may be instructed or alloyed to use particular
areas of the Airport (Designated Operating Areas) for the exercise of the privileges hereunder,
Permittee acknowledaes that this permit is not a lease, that there is no leased premises, and that this
permit does not create a leasehold interest in any part of the Airport. The Board may change the
Designated Operating Areas at any time and for any reason. in the Board's sole discretion.
No Revenue Production. .-although Permittee's activities hereunder may indirectly relate to
or further commercial activities. Permittee shall not, while at the Airport. sell any goods or services,
charge or collect any fee or other remuneration for any goods or services, advertise or make any
contract for the subsequent off -airport delivery or performance of any goods or services, or engage
in any other direct revemle-producing activity. regardless of whether a simultaneous exchange of
goods or services for remuneration occurs at the Airport.
Open Records. Perinittcc shall. upon demand, provide to the Board copies of any and all
agreements it has made concerning, its operations pursuant to this permit. as well as the results of all
tests or surveys conducted pursuant to this permit.
No 'Warranties of Suitabilitti - t'ermittee acknowledges that the Board has made no
representations whatsoever concerning the suitability- of any Airport property or facilities for the
exercise of the above stated privileges.
Inaress and Egress. Permittee. its employees. invitees and those doing business with it shall
have the right of ingress and egress to the Airport, subject to applicable parking fees, traffic
regulations, and other operatiomll rules prescribed by the Board.
Nuisances and Board Rules. Permittee. 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 all property under its control in a clean and orderly mariner
as prescribed by the Board. Pcrinittee shall ober all rules and regulations of the Board as same may
he amended from time to tinge.
Repairs and Improvements_ Permittee shall promptly repair or replace any property of the
Board damaged by Permittee's operations hereunder. Permittee shall make no improvements or
alterations to Airport property without prior approval, in writing, by the Board's Director of Airport
Concessions. The Board or its aIzents shall have the right at anv reasonable time to inspect
Permittee's activities pursuant to this permit.
City of Grapevine Page 2 of 7
COMPLIANCE `VITH APPLICABLE LAWS
jr
General. Permittee shall pay all taxes. fees and excises which may be assessed, levied,
exacted or imposed on its property or operations hereunder, and shall make all applications, reports,
and returns required in connection therewith. Permittee shall procedure all licenses, certificates,
permits or other authorization from all governmental authorities, if any, having jurisdiction over the
operations of Permittee at the Airport which may be necessary for Permittee's operations. Permittee
shall promptly comply with the provisions of any and all present and future governmental laws,
rules, regulations, requirements, orders and directions which may pertain or apply to Permittee's
operations at the Airport, including the requirements of the Americans with Disabilities Act.
Permittee's obligations to comply ,vith 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 the Board to such requirements or any of them.
Non -Discrimination. Pemlittee agrees that no person shall be excluded from participation
in. denied the benefits of, or otherwise discriminated against in connection with Permittee's activities
pursuant to any Board permit because of race. color, religion. national origin. ser, age. handicap or
political belief or affiliation. Permittee 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 1960, as said regulations may be amended.
Environmental. Permittee shall immediately inform the Board of any suspected or
discovered violation of any applicable environmental rule. regulation. or law. The Board reserves
the right to notify the appropriate authorities concerning any such suspected or discovered violation.
Permittee agrees to comply %with all environmental laws, rules, regulations. orders and/or permits
applicable to Permittee's operations on or in the vicinity of the Airport, including but not limited to
required National Pollutant Discharge Elimination System Permits and all applicable laws relating
to the use, storage, generation. treatment. transportation, and/or disposal of hazardous or regulated
substances. Permittee shall not l nov,-ingly use. store. generate, treat. transport or dispose of any
hazardous or regulated substances or waste on or near the Airport without first obtaining prior
written approval from the Board's Environmental Services Section and all required permits and
approvals from all authorities having jurisdiction over Permittee's operations on or near the Airport.
If Permittee determines at anv time through any means that any threat of any potential harm to the
environment, including but not limited to any release, discharge, spill or deposit of any hazardous
or regulated substance, has occurred or is occurring \ hich in any way affects or threatens to affect
the Airport, or the persons. structures. equipment, or other property thereon. Permittee shall
immediately notify, in person or by telephone: (1) the Board's Environmental Services Section, (2)
the Board's Fire marshal, and (3) all emergency response centers and environmental or regulatory
agencies, as required by law or regulation. and shall follow such verbal report with written
confirmation within seventy-two (72) hours. Permittee agrees to cooperate fully with the Board in
promptly responding to, reporting, and remedying any threat of potential harm to the environment,
including without limitation any release or threat of release of hazardous or regulated substances into
the drainage systems, soils, groundwater, waters or atmosphere, in accordance with applicable law
or as authorized or approved by any agency having authority over environmental matters. Permittee
shall be responsible to the Board, including remediation and all costs associated therewith, for
Permittee's action or inaction which is directly or indirectly responsible for any failure of the Airport
City of Grapevine Page 3 of 7
to materially conform to all then applicable environmental laws, rules, regulations, orders and/or
permits. The rights and obligations set forth in this paragraph shall survive the termination of this
permit.
INDEMNITIES
Permittee agrees to indemnify, hold harmless, defend and insure the Airport Board, the
Cities of Dallas and Fort Worth, their directors, officers, agents, councils and employees from
and against anv and all claims and causes of action, administrative proceedings, judgments,
penalties, fines, damages, losses, demands, liabilities, or expenses whatsoever (including
reasonable attorney's fees and costs of litigation, mediation and/or administrative proceedings)
which may be brought, alleged, or imposed against the Board, the Cities of Dallas and Fort
Worth, their directors, officers, agents, councils, or employees arising directly or indirectly
from or in any way connected with (1) any property damage or loss, personal injury, including
death, or adverse effect on the environment, arising out of Permittee's action or inaction with
regard to the operations of Permittee hereunder; (2) the failure of the Permittee, its agents or
employees, to comply with the terms and conditions of this permit, or to comply with any
applicable federal, state, or local laws, rules, regulations, ordinances, or orders including, but
not limited to, any and all applicable environmental laws, rules, regulations, or orders; and/or
(3) release of any hazardous or regulated substances or waste onto, into, or from the Airport,
connected in anv Nvav with Permittee's operations or action or inaction of Permittee, its agents
or employees, regardless of whether the act, omission, event, or circumstance constituted a
violation of applicable law at the time of the occurrence. The rights and obligations set forth
in this paragraph shall survive the termination of this permit.
INSURANCE
Permittee shall procure. and continuously maintain during the term of the permit,
Commercial General Liability Insurance with minimum limits of 51,000.000 combined single limits
per occurrence for bodily injury and property damage, with a company or companies licensed to do
business in the State of Texas and reasonably acceptable to Board. The Board and the Cities of
Dallas and Fort Worth, and their respective officers. agents, councils and employees, shall be named
as additional insureds in such policies. which shall contain standard cross liability clauses. Such
policies shall be primary without any right of contribution from the Board or the Cities of Dallas or
Fort Vorth, and such policies shall specifically insure the liability- assumed by Permittee. Permittee
shall fiirnish the Board with certificates of insurance evidencing all required coverages and special
provisions, including a provision requiring thirty (30) days prior written notice to the Board in the
event of cancellation or material change in such policies. Permittee shall furnish such other
insurance as the Board may from time to time reasonably require to cover Permittee's activities under
this permit. This paragraph shall not be interpreted to limit or affect the obligations of Permittee as
set forth in any other paragraph of this pen -nit. Permittee shall not do or suffer anything to be done
on the Airport which will increase the rates of fire, liability, or any other type of insurance on the
Airport.
Page 4 of 7
City of Grapevine
MONETARY OBLIGATIONS
It is the responsibility of the Permittee to review the Board's Schedule of Charges and timely
pay all fees and charges incurred by Permittee thereunder as the same come due. All charges based
upon square footage shall be calculated using the square footage allocable to the Designated
Operating Areas. Upon expiration of this permit, Permittee shall pay to the Board accrued and
unpaid fees and charges to the date of vacancy, with final payment to be received within ten (10)
days following the date of vacancy o -r receipt of a final statement, whichever occurs first.
DEFAULT, REMEDIES, AND TERMINATION
Default. If the Board 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 Permittee to perform or fulfill any one
or more of the conditions, covenants, or agreements set forth in this permit, or as a result of an act
or omission of Permittee contrary to said conditions, covenants and agreements, Permittee agrees
to pay within ten (10) days the sum or sums so paid or the expenses so incurred, including all
interest. costs. damages and penalties, and the same may be added to fees due hereunder.
Termination. The Executive Director of the Board may terminate this permit at any time or
require Permittee to immediately cease any operations hereunder, with or without cause, upon Ninety
(90) days written notice to Permittee.
Restoration of Property. t; pon termination of this permit, Permittee shall at its sole expense
restore any Airport property under its control to its original condition as required by the Board,
exclusive of normal wear and tear. Any property of Permittee placed on or kept at the Airport by
virtue of this permit shall be removed on or before the expiration or earlier termination of the permit.
Holdover by Permittee. In the event Permittee shall hold over and continue its activities
under this permit after the expiration of the term of this permit, such holding over shall not be
construed to operate as a renewal or extension of this permit, but shall operate and be construed as
a tenancy at sufferance. Failure to cease activities under this permit upon its expiration shall subject
Permittee to a holdover penalty of' S 100 per day, in addition to all fees due hereunder, until such
activities are ceased.
MISCELLANEOUS
No Assignment. This permit shall not be assigned, sold, convened, mortgaged, or pledged
(other than to an affiliated or related company) without the prior written approval of the Board.
Entire Agreement. This permit 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.
City of Grapevine Page 5 of 7
Notices. All notices hereunder may be delivered or mailed to the Board at the follo,,ving address,
or such other address as designated in writin�-, by the Board:
DFW International Airport Board
Attn: Real Estate Department
P. O. Drawer 619-128
DFW Airport. Tcxas 75261-9428
Pa,e 6 of 7
Citv of'Grapevine
DALLAS -FORT WORTH
INTERNATIONAL AIRPORT BOARD
By
Executive Director
Date
APPROVED -A'S TO FORM
Le -al Counsel to Airport Board
ATTEST:
Staff Secretan, for the Board
CITY OF GRAPEVINE. TEXAS
By
Title
Date
ATTEST:
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