Haas Rose at Lost Creek LLC License Agreement-CN 2021-07-13STATE OF TEXAS
LICENSE AGREEMENT
COUNTY OF DALLAS
THIS AGREEMENT is made by and between City of Coppell, Texas (hereinafter
referred to as "CITY") and Haas Rose at Lost Creek LLC (hereinafter collectively referred to as
"LICENSEE") acting by and through their authorized representatives.
WITNESSETH:
WHEREAS, LICENSEE owns the real property located at 347 Kyra Court (Lot 6, Block
1 of Kyra Court) and being more particularly described in Exhibit "A", attached hereto and
incorporated herein as set forth in full; and
WHEREAS, constructed on the property is a single family residence (hereinafter
referred to as the "IMPROVEMENTS") within a 20 foot City water easement Instrument
201500222974 (Kyra Court) as shown on the attached filed survey plat marked Exhibit 'B" and
incorporated herein for all purposes; and
WHEREAS, LICENSEE has requested the CITY allow the use and occupancy of the
water easement for LICENSEE IMPROVEMENTS;
NOW THEREFORE, in consideration of the covenants contained herein and other
valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
1. Purpose: CITY hereby grants LICENSEE a revocable license for the purpose of
constructing, maintaining and using the single family residence (the "PERMITTED
IMPROVEMENTS ") encroaching into the CITY water easement and being more particularly
depicted on the map marked Exhibit "A" attached hereto and incorporated herein for all
purposes.
2. Term: The term of this License shall be perpetual, subject, however, to termination by
the CITY as provided herein.
3. Non-exclusive: This License is nonexclusive and is subject to any existing utility,
drainage or communications facilities located in, on, under or upon the utility easement or
property owned by CITY, any utility or communication company, public or private, to all vested
rights presently owned by any utility or communication company, public or private for the use of
the CITY utility easement for facilities presently located within the boundaries of the easement
and to any existing lease, license, or other interest in the easement granted by CITY to any
individual, corporation or other entity, public or private.
4. Environmental Protection: LICENSEE shall not use or permit the use of the property
for any purpose that may be in violation of any laws pertaining to the health of 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. 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 ensure that no such hazardous substance or solid waste will ever be discharged onto
the property or adjoining property by LICENSEE. The terms "hazardous substance and waste"
shall have the meaning specified in CERCLA and the term solid waste and disposal (or dispose)
shall have the meaning 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 effective date of such amendment; and provided
further, at 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 the CERCLA
or RCRA, such broader meaning shall apply. LICENSEE shall indemnify and hold CITY
harmless against all costs, environmental clean up to the property and surrounding CITY
property resulting from LICENSEE' use of the property under this License.
5. Mechanic's liens not permitted: LICENSEE shall fully pay all labor and materials used
in, on or about the property and will not permit or suffer any mechanic's or material man's liens
of any nature be affixed against the property by reason of any work done or materials furnished
to the property at LICENSEE' instance or request.
6. Future City use: This License is made expressly subject and subordinate to the right of
CITY to use the portion of the easement outside the physical limits of the single family residence
for any public purpose whatsoever. In the event that CITY shall, at any time subsequent to the
date of this Agreement, at its sole discretion, determine that the relocation, maintenance or
removal of the existing water line shall be necessary or convenient for CITY's use of property,
LICENSEE shall indemnify and hold CITY harmless against any cost or claims for structural or
cosmetic damage to the single family residence because of CITY's activities within the water
easement.
7. Duration of License: This License shall terminate and be of no further force and effect
in the event LICENSEE shall discontinue or abandon the use of the PERMITTED
IMPROVEMENTS or in the event LICENSEE shall remove the PERMITTED
IMPROVEMENTS from the property; or, in the event that the City abandons the properties
depicted as a public easement on Exhibit B, then this agreement shall be of no further effect.
8. Compliance with laws: LICENSEE agree to abide by and be governed by all laws,
ordinances and regulations of any and all governmental entities having jurisdiction over the
LICENSEE.
9. Indemnification: LICENSEE shall defend, protect and keep CITY forever harmless and
indemnified against and from 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 property by the LICENSEE,
whether occasioned by the neglect of LICENSEE, its employees, officers, agents, contractors or
assigns or those holding under LICENSEE. LICENSEE shall at all times defend, protect and
indemnify and it is the intention of the parties hereto that LICENSEE hold CITY 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 resulting from use of property by LICENSEE, its agents, employees,
customers and invitees. LICENSEE shall at all times defend, protect, indemnify and hold CITY
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, their officers, employees, agents, contractors or assigns in any respect to comply
with and perform all the requirements and provisions hereof.
10. Action upon termination: At such time as this License may be terminated or canceled
for any reason whatsoever, LICENSEE, upon request by CITY, shall remove all PERMITTED
IMPROVEMENTS and appurtenances owned by it, situated in, under or attached to the CITY
utility easement and shall restore such property to substantially the condition of the property
prior to LICENSEE' encroachment at LICENSEE sole expense.
11. Termination: This Agreement may be terminated in any of the following ways:
a. Written agreement of both parties;
b. By CITY upon failure of LICENSEE to perform its obligations as set forth in this
Agreement;
c. By the City abandoning any interest in the water easement.
12. Notice: When notice is permitted or required by this Agreement, it shall be in writing
and shall be deemed delivered when delivered in person or when placed, postage prepaid in the
United States mail, certified return receipt requested, and addressed to the parties at the address
set forth opposite their signature. Either party may designate from time to time another and
different address for receipt of notice by giving notice of such change or address.
13. Attorney's 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 cost and reasonable attorney's fees from the non -prevailing
ply.
14. Governing law: This Agreement is governed by the laws of the State of Texas; and
venue for any action shall be in Dallas County, Texas.
15. Binding effect: This Agreement shall be binding upon and inure to the benefit of the
executing parties and their respective heirs, personal representatives, successors and assigns.
16. Entire Agreement: This Agreement embodies the entire agreement between the parties
and supersedes all prior agreements, understandings, if any, relating to the property and the
matters addressed herein and may be amended or supplemented only by written instrument
executed by the party against whom enforcement is sought.
17. Recitals: The recitals to this Agreement are incorporated herein by reference.
18. Legal construction: The provisions of this Agreement are hereby declared covenants
running with the property and are fully binding on all successors, heirs, and assigns of
LICENSEE who acquired any right, title, or interest in or to the property or any part thereof.
Any person who acquires any right, title, or interest in or to the property, or any part hereof,
thereby agrees and covenants to abide by and fully perform the provisions of this agreement with
respect to the right, title or interest in such property.
EXECUTJ,p this day of V (� , 2020.
CITY OF
MANAGER
ATTEST:
By:
C( . 'Vi-
i6�, CITY SECRETARY
Rstin wtnS
ACCEPTANCE ACKNOWLEDGED BY:
LICENSEE:
By:
HAAS ROSE AT LOST CREEK LLC
.
LICENSEE'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the Z� day of
242,0 -,by ith HAAS ROSE A LOST CREEK LLC.
No P li Sta f
�„�- TAYLOR J. TRUSTY �7
Notary Public, State of Texas My Commission expires: !i t
Comm. Expires 02-07-2022
Notary ID 13143654-2
j. ,
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the (nS day of ,
2020, by Mike Land, City Manager of the City of Coppell, Texas, a Texas municipality, on
behalf of said municipality.
ASHLEY M. OWENS
zz
Notary Public, State of Texas
Comm. Expires 02-24-2023
,,, Notary ID 130128128
Notary PubJ, State of Texas n n
My Commission expires: 2124 G�
r`
Instrument Number: 202100190270
Real Property Recordings
Dallas County
John F. Warren
Dallas County Clerk
Recorded On: June 25, 2021 12:11 PM Number of Pages: 7
" Examined and Charged as Follows: "
Total Recording: $46.00
*********** THIS PAGE IS PART OF THE INSTRUMENT ***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number: 202100190270
Receipt Number:
Recorded Date/Time
User:
Station:
20210625000568
June 25, 2021 12:11 PM
Kamesha W
CC33
Record and Return To:
MARK HAAS
141 DICKENS DR
COPPELL TX 75019
STATE OF TEXAS
o�7Y T Dallas County
41 hereby certify that this Instrument was fled in the File Number sequence on the date/time
printed hereon, and was duly recorded in the Official Records of Dallas County, Texas
John F. Warren
Dallas County Clerk
DallasCounty, TX