20-1139ORDINANCE NO.20-1139
AN ORDINANCE OF THE CITY OF DENTON APPROVING AN INTERLOC AL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON
COUNTY TRANSPORTATION AUTHORITY (“DCTA”), FOR THE PURPOSE OF
ESTABLISHING CYCLICAL AND PREVENTATIVE MAiVrENANCE OF THE DENTON
EASEMENTS PORTION OF THE DCTA CORRiDOR; AUTHORIZING THE EXPENDITURE
OF FUNDS; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton quitclaimed property commonly referred to as the rail
corridor to Dallas Area Rapid Transit (“DART”) on March 9, 2010, reserving the Adjacent
Facility Easement, the Trail Easement, the Utility Easement, the Street Easement, and the Water
Line Easements (all referred to collectively as the “Denton Easements”); and
WHEREAS, DCTA is operating and maintaining a public rail transportation system
within the rail corridor by agreement with DART; and
WHEREAS, the City and DCTA agree that this Agreement to establish the
responsibilities of each party regarding repair and cyclical and preventative maintenance within
the Denton Easements is in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated by reference as if fully set forth in the body of this ordinance.
SECTION 2. The City Manager is hereby authorized to execute the Agreement attached
hereto as ExhibitK A' on behalf of the City.
SECTION 3. The City Manager, or his designee, is further authorized to carry out
all duties and obligations to be performed by the City under the Agreement, including, but
not limited to, the expenditure of funds.
SECTION 4. This ordinance shall become effective immediately upon its passage
and approval.
secome Jl:q=d'rTP'K::h''di"-"'' "-; "”ft:: oh£?JJw3=''s2PaTd a,,roSS
by the following vote U - O ]:
Aye Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1 :
Keely G. Briggs District 2 :
Jesse Davis. District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
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PASSED and APPROVED this the qd day of A 2020
CHRIS WATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
. a/)42 _r/h.
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
EXHIBIT A
STATE OF TEXAS §
§
§
INTERLOCAL COOPEkATION AGREEM£NT
COUNTY OF DENrON
This Interloca] Cooperation Agreement (the “Agreement“) is rnade and entered into by
and between Denton County Transportation Authority, a coordinated county aansportation
authority created under Chapter 460 of the Texas Transportation Code (“DCTA”) and the City of
Denton, a Texas home rule municipality (“Denton“)(collectively referred to as the “Parties” and
individually as “Party”), acting by and through their authorized representatives.
RECITALS
WHEREAS, pursuant to that certain Transportation and Access Agreement and
Easement dated and efFective May 25, 2010, ('The DART Agreement”) between DCTA and
DART, DCTA is operating, and maintaining a public rail transportation system within the former
Missouri-Kansas-Texas rail corridor from Mile Post 742.42 in the City of Carrollton, Texas, to
Mile Post 721.53 in the City of Denton, Texas, ('\he DCTA Corridor”) which is presently owned
by DART; and
WHEREAS, pursuant to agreements between and/or among DCTA, DART, and Dallas,
Garland & Northeastern Railroad (“Railroad”), both passenger and freight railroad operations are
occurring on the DCTA Corridor; and
WHEREAS, pursuant to the Quitclaim (as defined below) Denton reserved for itself, and
was granted by DART, the Denton Easements (as defined below); and
WHEREAS, the Quitclaim requires Denton to comply with all safety related provisions
of the Federal Railroad Administration and reasonable safety related requirements of DART and
DART’s assignees with respect to Denton’s presence in the DCTA Corridor; and
WHEREAS, DCTA is one of DART’s assignees under the Quitclaim by virtue of the
DART Agreement; and
WHEREAS, DCTA and Denton desire to establish certain agreements with respect to
the conduct of their respective operations within the DCTA Corridor; and
WHEREAS, no real property interest is being transferred by this Agreement, and the
Parties agree that this Agreement does not amend, alter, limit, or modify the Quitclaim, and all
terms, covenants, conditions, agreernents, rights, responsibilities, and obligations of the Parties
pursuant to the Quitclaim remain in full force and effect; and
WHEREAS, the Parties are authorized to enter into this Agreement pursuant to the
Interloca1 Cooperation Act (“Act”), Chapter 791, Texas Government Code;
PACE 1 INT£RLOCAL COOP£kATroN ACRE£MEnrr rOR D£xTON BnANCrl RAIL TRAIL
D£vroN Couvrv TkANsroRTATloN Atruonrrv AND Crry OF D£vrON
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NOW THEREFORE, for and in consideration of the promises and the mutual covenants
set forth in this Agreement, and other valuable consideration, the r@eipt and sufficiency of
which is hereby acknowledged, the Parties agree as follows:
Article I
Purpose
The purpose of this Agreement is to evidence the Parties’ agreement regarding
establishing cyclical and preventative maintenance on the Denton Easements.
Article II
Definitions
For purposes of this Agreement, the following terms, phrases and words shall have the
rneanings given herein unless the context clearly indicates otherwise:
“DART’ shall mean Dallas Area Rapid Transit, a regional transportation authority
created pursuant to Chapter 452 of the Texas Transportation Code.
“The DART Agnernent” shall have that meaning given in the recitals above.
“DCTA” shall mean the Denton County Transportation Authority, acting by and through
its President.
“Denton” shall mean the City of Denton, Texas.
“Denton Easements” shall collectively mean the Adjacent Facility Easement, the Trail
Easement, the Utility Easement, the Street Easement, and the Water Line Easement.
“EfFective Date” shall mean the last date of execution hermf.
“Expiration Date” shall mean the 11:59 p.m. of the day immediately prior to the
anniversary of the Effective Date.
“Flaggas” shall mean employees or contractors of DCTA employed or engaged
(whichever is applicable) to protect DCTA’s interest while work is being conducted in the
DCTA Corridor and who have been determined by DCTA to be knowledgeable and qualified to
perform flagging duties within the DCTA Corridor in accordance with DCTA’s operating and
safety rules,
“Force Majeure“ shall mean any contingency or cause beyond the reasonable control of a
Party including, without limitation, acts of God or the public enemy, war, riot, civil commotion,
insurrection, government or de facto governmental action (unless caused by acts or omissions of
the party), fires, explosions, rain or other weather delays, floods, strikes, slowdowns or work
stoppages.
PAC£ 2 lvrERI.OCALCOOP£kATION ACR£EMEvr FOR DENroN BRANcrI RAIL TRAIL
DENTON COUNTY TRANSPORTATION AtTHORITY AND CITY OF DENTON
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“The Quitclaim” shall mean that certain Quitclaim from Denton to DART dated March 9,
2010, filed as Instrument No. 2010-43179 in the Official Public Records of Denton County,
Texas
“The Adjacent Facility Easement” shall have the meaning given to that phrase in the
Quitclaim.
“The Pedestrian Trail“ shall have the meaning given to that phrase in the Quitclaim.
“The Street Easement” shall have the meaning given to that phrase in the Quitclaim.
“The Trail Easement” shall have the meaning given to that phrase in the Quitclaim.
“The Trail Property” shall have the meaning given to that phrase in the Quitclaim.
“The Utility Easement” shall have the meaning given to that phrase in the Quitclaim.
“The Water Line Easement” shall have the meaning given to that phrase in the Quitclaim.
Article III
Term
3.1 The term of this Agreement shall begin on the Effective Date, and shall continue
until the Expiration Date, unless sooner terminated as provided herein; provided, however, this
Agreement shall be automatically renewed for periods of twelve (12) months each unless
terminated by either Party by providing six (6) months’ notice to the other Party.
3.2 This Agreement may be terminated by either Party in the event the other Party
breaches any of the terms or conditions of this Agreement and such breach is not cured within
thirty (30) days after written notice thereof.
3.3 Notwithstanding Section 3.1, above, this Agreement shall terminate upon the
termination of the DART Agreement unless DART accepts an assignment and assumption of this
Agreement.
Article IV
RnponsibiHties
4.1 DCTA acknowledges that the Quitclaim provides that the Pedestrian Trail may be
fenced, or caused to be fenoed, by DART, at the sole cost and expense of DCTA, in order to
separate the Pedestrian Trail from DCTA’s transportation facilities. Denton acknowledges that
DCTA has, as of the Effective Date, completed the construction of such fencing (the "Primary
Fencing"), a depiction of the Primary Ferwing is attached hereto as Exhibit "B" and incorporated
herein for all purposes.
PAGE 3 IVrERLOCAL COor£RATION ACREtMEvr roR D£NTON BRANCH RArLTnArl
DENTON COLINTV TRANSPORTATION AITHORITY AND CITY OF DENTON
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4.2 With respect to the repair and maintenance of the DCTA Corridor, DCTA and
Denton agree as follows:
a
b.
Subject to Section 4.3, below, DCTA will provide fence maintenance to the
Primary Fencing that separates the rail oorddor from the Trail Property.
Denton employees, agents, and contractors, shall not enter into any portion of the
DCTA Corridor on the rail side of the Primary Fencing due to proximity to the
active DCTA rail unless Denton provides two (2) weeks' notice to DCTA or in the
case of emergency, as reasonably determined by Denton, by providing notice to
DCTA as soon as reasonably practicable prior to entering.
C.DCTA shall maintain the area of the DCTA Corridor on the rail side of the
Primary Fencing, which shall include mowing, trash and debris removal,
herbicide and pesticide applications, tree trimming, signage installation and
maintenanoe, drainage and erosion maintenance, bridge and railing maintenance,
from the Primary Fencing to the western property edge of the DCTA Corridor.
d.
e.
DCTA shall conduct maintenance and graffiti removal of all sound walls as
depicted on Exhibit " A”.
DCTA agnes to provide five (5) days’ prior notice or, in the case of emergency,
as reasonably determined by DCTA, by providing notice to Denton as soon as
reasonably practicable prior to entering and coordinate with Denton’s Parks and
Recreation Department when any maintenance of DCTA’s rail facilities will
require the use of the Trail Property for access.
f.DCTA shall conduct structwxl maintenance of any control device, buildings,
signage, or other physical structure that exists for the express purpose of the
DCTA rail service along the DCTA Corridor.
g.Denton shall be responsible for operating and maintaining the Trail Property
which shall include mowing, bash and debris removal, herbicide and pesticide
applications, tree trimming, signage installation and maintenance, drainage and
erosion maintenance, bridge and railing maintenance, maintenance to fences that
are adjacent to pedestrian ha7nrds such as areas preceding a significant change in
topography or near the transition of the trail to a pedestrian bridge.
h.Subject to Section 4.4, below, Denton shall be responsible for conducting
structural maintenance on trail base and surfaces, bridge repair related to the
Pedestrian Trail.
i.Denton shall perform all special event administration and support services for
City-sponsored or permitted activities on the Pedestrian Trail and shall notify
DCTA not less than ten (10) days prior to the date of such events that the events
will & occurring.
PACE 4 INTERLOCAL COOPEn'\TION ACREEMENr FOR D£NTON BnANcrr RAIL Tull
DEvroN CouNTy TkANspoRTATroN AtTHORITV ANn Crry OF D£vroN
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J.Denton shall, through its various departments, coordinate with DCTA when
performing maintenance and operation of traffic control, signage, paint striping
and similar activities related to the Pedestrian Trail.
4.3 Denton, its employees and its contractor shall use reasonable care to avoid
damaging any existing buildings, equipment and vegetation on or about the DCTA Corridor and
any adjacent property owned by or under the control of DCTA and/or DART. If the failure to
use reasonable care by Denton, its employees or contractor results in damage to the DCTA
Corridor or such adjacent property (other than personal property owned by Denton), Denton
and/or its contractor shall immediately make an appropriate replacement or repair the damage at
no cost or expense to DCTA or DART. If Denton or its contractor fails or refuses to make such
replacement, DCTA shall have the right, but not the obligation, to make or affect any such repair
or replacement at the sole cost and expense of Denton, which cost and expense Denton agrees to
pay to DCTA upon written demand. Denton shall require that the work and activities associated
within the DCTA Corridor shall be conducted in such a manner and at such times to not
endanger or interfere with the operation of DCTA or any railroad, and in accordance with the
regulations and instructions of DCTA and the Railroad.
4.4 DCTA, its employees and its contractor shall use reasonable care to avoid
damaging any existing buildings, equipment and vegetation owned by Denton on or about the
DCTA Corridor and any adjacent property owned by or under the control of Denton. If the
failure to use reasonable care by DCTA, its employees or contractors results in damage to the
Pedestrian Trail or other personal property owned by Denton within the Denton Easement$
DCTA and/or its contractor shall immediately make an appropriate replacement or repair the
damage at no cost or expense to Denton. IfDCTA or its contractor fails or refuses to make such
replacement, Denton shall have the right, but not the obligation, to make or affect any such repair
or replacement at the sole cost and expense of DCTA, which cost and expense DCTA agrees to
pay to Denton upon written demand.
4.5 if, in spite of the express provisions of this Agreement, the Parties’ area of
responsibility for maintenance and repair at a particular area in the DCTA Corridor is unclear or
ambiguous when applying such provisions to the actual physical situation in the field, the Parties
shall refer to the Rail R/W Maintenance Delineation set forth in Exhibit “A“ to determine which
portion of said area within the DCTA Corridor for which the Parties are responsible for
maintaining and repairing.
4.6 Denton agrees to comply with the provisions of the Quitclaim during the term of
this Agreement.
4.7 Denton shall reimburse DCTA for all costs and expense incurred by DCTA in
connection with the provision of any services or work in relation to Denton’s work in the DCTA
Corridor including, without limitation, the expense of furnishing such inspectors, watchmen and
Flaggers as DCTA deems reasonably neaessary or which are otherwise requested by Denton in
order for Denton to construct its work within the DCTA Corridor.
PACE 5 INT£RLOCAL COOPERATION ACR£EM£NT FOR DENTON BnANCH RAIL TnAIL
DENTON COUNTY TRANSPORTATION AUTHORITY AND CFTY OF DENTON
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4.8 Denton understands and acknowledges that flagging and safety rules will be
administered by First Transit, through the First Transit Roadway Worker Safety Training,
conducted at 640 State Highway 121 Business, Lewisville Texas 75057. DCTA may from time
to time designate another party to provide flagging and safety rule administration, which party
shall tx used by Denton following notice to Denton by DCTA.
Article V
Party Responsibility; Insurance
5.1
a.
Denton and DCTA further agree as follows:
Without waiving any govemmental immunity available to the Parties under Texas
and other applicable laws, and without waiving any available defenses under
Texas and other applicable laws, the Parties hereto acknowledge that no Party is
an agent, servant, or employee of the other Party, and each Party agrees it is
responsible for its own individual negligent acts or omissions or other tortious
conduct as well as such acts and deeds of its contractors, agents, representatives,
and employees during performance of this Agreement to the extent such liability
can be imputed to said party under applicable law. Nothing in this Article V shall
be construed to create or grant any rights, contractual or otherwise, in or to any
third persons or entities.
b.NOTWITHSTANDING ANYtHING TO THE CONTRARY IN SECTION
5.1.a., ABOVE, PRIOR TO THE PARTY’S CONTRACTOR ENTERING
INFO THE DCTA CORRIDOR PURSUANr TO THIS AGREEMENT TO
PERFORM WORK ON BEHALF OF SAID PARTY, SAID PARTY SHALL
REQUIRE ITS CONTRACTOR OR OTHER THIRD PARTY WHO
EVrERS AND/OR PERFORMS WORK IN THE CORRIDOR ON
BEnALF OF SAID PARTY TO AGREE AT ALL TIMES TO
INDEMNIFY, DEFEND, AND HOLD HARMLESS DENTON, DCTA, AND
DART AND THEIR RESPECTIVE OFFICERS, AGENTS, AND
EMPLOYEES AGAINST AND FROM:
ie ANY AND ALL LOSS, COST, DAMAGE, OR EXPENSE,
INCLUDING REASONABLE ATTORNEY’S FEES, ARISING our
OF OR FROM ANY ACCIDENT OR OTHER OCCURRF,NCE
CAUSING PERSONAL INJURY, DEATH OR PROPERTY
DAMAGE RESULTING FROM OR RELATED TO USE OF THE
DCTA CORRIDOR BY THE CONrRACTOR, ITS AGENTS,
EMPLOYEES, PARTNERS, SHAREHOLDERS, AGENTS,
SUBCONTRACTORS, INVITEES, OR GUESTS, WHETHER
OCCASIONED BY THE iNTENTIONAL OR NEGLIGENT ACTS
OR OMISSIONS OF THE CONTRACTOR, ITS EMPLOYEES,
OFFICERS. PARTNERS, SnAREHOLDERS, AGENtS.
SUBCONtRACTORS, INVITEES, OR GUESTS, EXCEPT WHEN
CAUSED BY THE WILLFUL MISCONDUCT OR GROSS
PACE 6 INTERLOCAL COO?£xATION AcR£EMENT roR DENTON BRANCH RAIL TRAIL
DENTON COUNTy TRANSPORTATION AUTHORITY AND C:rw OF DENTON
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NEGLIGENCE OF DENTON, DmA, OR DART OR THEIR
OFFICERS, EMPLOYEES AND/OR AGENrs, AND ONLY THEN
TO THE EXTENT OF THE PROPORTION OF ANY FAULT
DETERMINED AGAINST DnA, DART, OR RAILROAD FOR
THEIR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE;
AND
il.ANY PENALTY, OR ANY DAMAGE, OR CHARGE, IMPOSED
FOR ANY VIOLATION OF ANY LAW, ORDINANCE, RULE OR
REGULATION ARISING OUT OF THE USE OF THE LICENSED
PREMISES BY THE CONTRACTOR, ITS AGENTS,
EMPLOYEES, PARTNERS, SHAREHOLDERS, AGENTS,
SUBCONTRACTORS, INVITEES, OR GUESTS, WHETHER
OCCASIONED BY THE INTENTIONAL OR NEGLIGENT ACTS
OR OMISSIONS OF DENTON, DCTA, OR DART OR THEIR
EMPLOYEES, OFFICERS, PARTNERS, SHAREHOLDERS,
AGENTS, CONTRACTORS, RWITEES, OR GUESTS.
C.Denton and DCTA are each a “govemmental unit” as that term is defined in Tex.
Civ. Prac. & Rem. Code §101.001 and do not by agreement to and acceptance of
this Agreement waive their respective rights to claim immunity to liability or suit
or to invoke the limits of liability set forth in Chapter 101 of the Texas Civil
Practices & Remedies Code, as amended, to the extent sovereign immunity has
been waived by said statutes, DC’l'A and Denton fUrther acknowledge and agree
that nothing in this Agreement is intended to be for the benefit of any third parties
except to the extent expressly provided in this License.
d.The provisions of this Section 5.1 shall survive the termination of this Agreement
regardless of the means of termination.
5.2 Prior to occupancy of the DCTA Corridor under this Agreement, the Parties agree
to require all contractors and subcontractors engaged by said Party to perform work in the DCTA
Corridor to comp ty with the provisions of this Section 5.2 by procuring and maintaining the
following types and amounts of insurance with an insurer or insurers and in form satisfactory to
DCTA and Denton, such insurance shall be primary and non-contributory.
a.Commercial General Liability with Contractual Liability Endorsement.
i.Combined single limit of not less than $2,000,000.
ii.Denton, DCTA, and DART and all affiliated companies and organizations
named as additional insureds without any qualification or restriction.
iiI .DCTA or Denton, respectively, must be provided 30 days’ notice of
cancellation or modification to the extent authorized by law.
PACE 7 INT£RLOCAL COOP£nATION AGREEMErrr FOR DENroN BnANcn IUIL TkArl
DENTON COUNTY TRANSPORTATION ALTHORITY AND CmF OF DENTON
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b.Commercial Automobile Liability Policy
i.Combined single limit of not less than $2,000,000.
ii.Denton, DCTA and DART named as additional insureds without any
qualification or restriction.
iii.DCTA or Denton, respectively, must be provided 30 days’ notice of
cancellation or modification to the extent authorized by law.
C.Workers' Compensation Insurance
i.Providing Statutory Benefits under the Workers' Compensation Act of the
State of Texas and/or any other State or Federal Law or Laws applicable
to the Contractor's employees performing the work under this License.
ii.Employer's Liability Insurance with limits of liability of not less than
$500,000 each accident, $500,000 each employee for disease and
$500,000 policy limit for disease.
iii.Endorsed with a Waiver of Subrogation Endorsement, waiving the
carrier's right of recovery under subrogation or otherwise from Denton,
DCTA and DART.
d The Parties shall require all contractors and subcontractors engaged by them to
perform work on the DCTA Corridor to furnish Denton and DCTA Certificates of
Insurance and copies of Endorsements for Additional Insured, Waiver of
Submgation and Contractual Liability (or, as and when DCT A or Denton,
respectively, may direct, copies of the actual insurance policies) as evidenoe of
the coverages outlined in Paragraphs a, b, and c, above, and this Paragraph d.
Approval will be expedited if all required coverages and the following
endorsements are included on the Certificates:
i.Endorsement showing Denton, DCTA and DART named as additional
insureds in as required by Paragraphs a. and b., above and requiring that
Denton and DCTA be given 30 days’ notice of cancellation or
modification. The endorsement and certificate must specify that the
endorsement is applicable to the General Liability and Auto Liability
Policies.
11.
ili .
Contractual liability endorsement.
Endorsement removing exclusions fIr)m contractual liability coverage for
operations within 50 feet of a railroad or the purchase of a Railroad
Protective Liability Policy with limits of liability of no less than
$2,000,000 per occurrence and $6,000,000 aggregate.
PAC£ 8 INT£RLocAL COOPERATION ACR£EMENT FOR D£vroN BRANcn RAIL TnArl
DEvroN COUNTy TkANSPORTATrox AbrrloRITV AND CITy OF DwroN
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IV.
V.
Endorsement removing exclusions for XCU ha7ards.
Waiver of subrogation endorsement specific to Workers’ Compensation.
5.3 Any contract between Denton or DCTA and a third party contractor or agent to
perform work on behalf of said Party within the DCTA Corridor entered after the Effective Date
shall be made expressly subject to the provisions of this Agreement to the extent the work is
performed by said third party within the DCTA Corridor, which agreement shall tn either (i)
incorporated into the text of said contract in full or by reference or (ii) by separate instrument
signed by an authorized representative of said third party.
Article VI
Miscellaneous
6.1 Entire Agreement This Agreement constitutes the sole and only agreement
between the Parties and supersedes any prior undastandings written or oral agreements between
the Parties with respect to this subject rnatter.
6.2 Assignment This Agreement may not be assigned by either Party without the
prior written consent of the other Party; provided, however, this Agreement may be assigned by
DCTA to DART upon termination of the DART Agreement without the consent of Denton if
DART agrees to assume all of DCTA’s duties and responsibilities set forth in this Agreement.
6.3 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties to it and their respective
heirs, executors, administrators, legal representatives, successors and permitted assigns-
6.4 Governing Law. The laws of the State of Texas shall govern this Agreement;
and venue for any action concerning this Agnement shall exclusively be in the State District
Court of Denton County, Texas. The Parties agree to submit to the personal and subject matter
jurisdiction of said court.
6.5 Amendment$ This Agreement may be amended by the mutual written
agreement of the Parties.
6.6 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to tn invalid, illegal, or unenforceable in any resjNct,
such invalidity, illegality or unenfoneability shall not affect any other provisions, and the
Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never
been contained in it.
6.7 Notice. Any notice required or permitted to be delivered hereunder may be sent
by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified
below, or to such other party or address as either Party may designate in writing, and shall be
deemed received three (3) days after delivery set forth herein:
c £RLOCAr.COOP£RATrON ACR££u£Nr roR DEKroN BRANCH RAIL TnAIL
DENTON COUNTY TRANSPORTATION AtTHORnY AND CITY OF DENION
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If intended for DCTA, to:
Raymond Suarez, CEO
Denton County Transportation Authority
1955 Lakeway Drive, Suite 260
Lewisville, Texas 75057
972-22146(X) Telephone
972-221-4601 Facsimile
With copy to:
Joseph G. Gorfida, Jr.
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Ross Tower
500 North Akard
Dallas, Texas 75201
If intended for Denton, to:
Todd Hileman, City Manager
City of Denton
215 E. McKinney Street
Denton, Texas 76201
940-349-7715 Telephone
940.349-8596 Facsimile
With a copy to:
City of Denton
Attn: City Attorney
215 E. McKinney Street
Denton, Texas 76201
940-349-8333 Telephone
940-382-7923 Facsimile
6.8 Counterparts. This Agreement may be executed by the Parties in separate
counterparts each of which when so executed and delivered shall be an original, but all such
counterparts shall together constitute one and the same instrument. Each counterpart may consist
of any number of copies hereof each signed by less than all, but together signed by all of the
Parties
6.9 Recitals. The recitals to this Agreement are incorporated herein.
6.10 Authorization. Each Party represents that it has full capacity and authority to
grant all rights and assume all obligations that are granted and assumed under this Agreement.
PACE 10 1 IXTERLOCAL COOPERATION ACREEM£Vr FOR DEVrON BRANCH RAII.TkAIL
DENTON COUNTY TRANSPORTATION AtTHORfTY AND CITY OF DENTON
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6.11 Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period
of time following the termination of this Agreement shall survive termination hereof.
6.12 Approval of Partiw. Whenever this Agreement nquires or permits the approval or
conwnt to be given by a Party, the Parties agree that such approval or consent shall be in writing
and not tx unreasonably withheld, conditioned or delayed.
6.13 o .tIe I. Nothing in this Agreement shall be construed as
creating or giving rise to any rights of third-parties or any persons other than the Parties hereto.
Signatures on FoUowi&g Pages
PAC£ ll 1 lxTEXLOCAr.COOP£nATION AcREEM£rrr roR D£NTON BkANCH RAIL TRAIL
DENTON COUNTY TRANSPORTATION At'THORfW AND CnT OF DENTON
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2020. HGNED AND AGREED MI; d_ d'y 'f #%/'# W
DENTON COUNTY TnANSPORTATrON AUTHORITy
MMa
ond sMifI ive Officer
Approved as ta Form:
,/g' q,.
Joseph G. Gorfida, Jr., General Counsel
SIGNED AND AGREED this day of , 2020
CITY Or D£NTON,T£XAS
By:
Tcxld Hileman, City Manager
Attest:
Rosa Rios, City Secretary
Approved as to Form
THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial
and operational obligations and businns terms:
Gary Packan, Director of Parks and Recreation Department
By:
PACE a ItvrERLOCAL COOP£nATlon ACR£Eu£rrr+oR DtlvroN BRANCH RAIL TRAIL
D£NTON COUNTy TRANsroRTATloN AtnHORrrv ANn CnvoFD£lWON
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EXHIBIT “A“
R/W
Line
I
I
I
I
I
Rail R/W Maintenance Delineation
A-train : Hib/BIke Trail
R/W
Line
I
Sound Wall
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(kbl:2/4a020: 54646)
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SOLO PACE EXHIBIT “B” TO INTERLOCAt COOPERATION AGR£EMEVr FOR D£NTON BRANCII RAIL TnAIL
DENTON COUNTY TRANSPORTATION AITHORITy AND CITy OF DENTON
(kbl:2/4/2020: 54646)