ST8807-CN 870624 WINSTEAD, MCGUIRE, SECHREST & MINICK
A pROFESSIONAL CORPORATION
i(~OI ELm STREET. SUIte 700 ATTORNEYS AND COUNSELORS
tHANKSgIving tOWER
DALLAS, TEXAS 7520t 1700 DALLAS BUILDING
742-1700 tELEX 73-0051 DALLAS, TEXAS 75201
TELECOPIER (214) 745-5138
910 TRAVIS STREET, SUITE 1410
HOUSTON, TEXAS 77002-5895
(713) 655-0392 TELEX 510-100-1721
TELECOPIER (713) 655-9017
(214} 742-1700 TELEX 73-0051
TELECOPIER (214) 745-5390
June 24, 1987
MINICK
I445 ROSS AVENUE
400 ALLied BANK TOWER
dallaS, TEXAS 75Z02
(214) 742-1700 TELEX 73-0051
TELECOPIER (214) 745-5612
DiRECt Dial:
745-5274
Ms. Dorothy Timmons
Coppell City Secretary
255 Parkway Boulevard
Coppell, Texas 75019
Dear Ms. Timmons:
Enclosed is an ~ecuted copy of the License Agreement
between the Dallas/For~'~th International Airport Board and the
City of Coppell. I amproviding you with an executed copy of
this document for your records.
Thank you for ~he help that you have provided to us in
regard to this project.
BRK/clk
Enclosures
Ve~ truly l~gurs/
15:
STATE OF TEXAS
COUNTY OF DALLAS
L I CENSE
WHEREAS, the Dallas-Fort Worth International Airport Board,
a joint agency of the Cities of Dallas, Texas and Fort Worth,
Texas (hereinafter called "Airport") and the City of Coppell,
Texas, an incorporated Home Rule City, situated in Dallas County,
Texas (hereinafter called "Coppell"), desire to extend Royal
Lane through the boundaries of the Airport for the economic
benefit to both;
NOW, THEREFORE, Airport hereby licenses the City of Coppell
(hereinafter called "Licensee") for a period not to exceed 40
years, commencing on May 5, 1987, to enter on Airport property to
construct and to maintain at its sole expense, except as
hereinbelow provided, a roadway, waterline, other subsurface
utilities, and necessary drainage improvements as an extension
and improvement of Royal Lane onto and through Airport property.
This construction shall be done at the location described by
Exhibit "A" attached hereto and made a part hereof (hereinafter
called the "Plans") and in accordance with engineering criteria
described in the Plans.
The foregoing License is subject to the following
conditions:
1. Actual construction,
licensed
roadway,
maintenance and repair of the
waterline and other subsurface utilities, and
drainage improvements shown on the Plans shall be the
responsibility of Licensee. Title to the roadway, waterline and
other subsurface utilities, and drainage~ improvements, or any
part of them, shall pass to Airport upon their annexation to the
License Premises. It is understood and agreed that reasonable
and necessary maintenance and repair of the licensed roadway,
waterline and other subsurface utilities, and drainage
improvements to maintain them in a safe and usable condition
consistent with other roadways, waterlines and other subsurface
utilities, and drainage improvements maintained by Licensee shall
be the standard of maintenance by Licensee. Subject to paragraph
6 hereof, it is understood and agreed that in the event said
roadway to be constructed by Licensee is not constructed or
caused to be constructed by Licensee, the only remedy of the
Airport shall be the termination of this License.
2. Licensee shall pay for, install and maintain all
traffic control devices and information signs upon completion of
the construction of the licensed roadway and during the term of
this License, the location, number, nature and necessity for
which shall be determined by the Licensee pursuant to rules and
regulations of the Licensee.
3. All traffic control matters shall be handled on
licensed roadway in the same
traffic control on other roadways
the
manner that the Licensee handle
located within the city limits
of Licensee.
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4. The licensed roadway shall be called Royal Lane. Any
change in the name of the licensed roadway shall be agreed to by
the parties hereto, with such agreement by the parties not being
unreasonably withheld.
5. Licensee agrees to defend and hold Airport whole and
harmless from all claims, suits, costs and demands arising out of
or connecting with the design, construction, maintenance, repair,
signing, traffic control, or policing of the licensed roadway
whether for liens asserted and arising therefrom or for personal
injury, death or property damage except to the extent caused or
contributed to by Airport's negligence. Nothing in this
paragraph shall be construed as extending to, or creating, any
third party beneficiary.
6. The Licensee recognizes that the licensed roadway is
not dedicated to the public's use in the same sense as city
streets or county roads, but its use by Licensee and the public
is being permitted pursuant to this License. Airport shall have
the right at any time to revoke this License upon a finding base~
on substantiated facts that the licensed roadway's operation
causes a safety hazard to operations at the Airport, or for any
breach of the terms of this License not corrected by Licensee
within sixty (60) days of receipt of written notice or, in the
case of a breach not reasonably capable of correction within said
time period, if Licensee, within said sixty (60) days or at any
time thereafter, fails to diligently undertake and pursue the
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correction of such breach. Licensee shall be notified by
written notice sent to its city manager at its city hall at least
fifteen (15) days in advance of the Airport Board's consideration
of such action and shall have the right to present evidence and
testimony thereon to the Board. Upon the expiration or earlier
revocation of this License, except where such revocation is for
breach by Licensee of the terms hereof, Airport shall pay
Licensee its unamortized cost (amortization of those costs to be
done in a manner that is in accordance with generally accepted
accounting principles) of constructing the licensed roadway.
Before the expiration or earlier revocation of this License, and
in lieu of revocation, Airport may enforce its rights under this
License by an action in court for injunctive relief or specific
performance although nothing herein shall be construed as
forbidding Licensee's abandonment of the licensed roadway or
requiring the construction of the roadway or relocation of
Explorer Pipeline. If Licensee abandons construction or use of
the licensed roadway before the expiration or earlier revocation
of this License, or upon termination of this License pursuant to
paragraph 9 hereof, ft shall, ff requested by Airport, promptly,
and in the manner directed by Airport's Director of Planning and
Engineering, remove part or all of said construction from Airport
property. Upon default of Licensee so to do, the Airport may
remove same and restore its premises, and Licensee will promptly
pay to the Airport the reasonable cost of doing so. In the event
of Licensee's abandonment of either the use of the licensed
roadway or its construction, Airport shall have no obligation to
pay Licensee its unamortized construction cost.
7. In view of the licensed roadway's status as an
accessway for Airport related matters, such roadway shall never
be subject to any law which imposes legal requirements for
abandonment or change of use; and in this regard, no abutting,
adjacent or other private property owner, however or whenever
situated, nor Licensee on behalf thereof, shall be deemed to have
acquired any interest in the location or existence of the roadway
contemplated and licensed herein.
8. Airport and property
roadway shall have the right
necessary to provide access from
owners abutting the licensed
to make such curb cuts as are
the licensed roadway. Curb
cuts by property owners other than the Airport, except in the
case of those curb cuts already described in the Plans, shall be
to Airport Board approval, which shall not be reasonably
subject
withheld.
9.
The Licensee agrees to relocate the Explorer Pipeline
from its present location as it traverses Airport property to the
new location as reflected in Exhibit A at no cost to the Airport.
It is understood and agreed that in the event said Explorer
Pipeline to be relocated by Licensee is not relocated or caused
to be relocated by Licensee, the only remedy of the Airport shall
be the termination of this License unless the roadway
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improvements described in the Plans are built and used by
Licensee, in which case the Airport shall be entitled to specific
performance as a remedy.
10. 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
continuing or permanent waiver of any such items or conditions,
all of which shall remain in full force and effect as to future
acts or happenings, notwithstanding any such waiver.
11. This License is personal to said Licensee and is not
assignable or transferable without the written consent of the
Airport being first obtained.
12. For the protection of purchasers or lessees of abutting
or adjacent property, Licensee shall file this License, with
exhibits, for the public record in the Deed Records of Dallas
County, Texas.
EXECUTED IN TRIPLICATE THIS DAY OF /~9~ , 1987,
the City of Coppell signing through its Mayor, as'authorized by
resolution passed by the Coppell City Council on March 24, 1987,
and the Dallas-Fort Worth International Airport Board signing
through its Executive Director as authorized by resolution passed
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on May 5, 1987, each attesting
thereafter notarized accordingly.
through its Secretary and
DALLAS-FORT WORTH INTERNATIONAL
AIRPORT BOARD
utive D~r~ctor
ATTEST:
Secreta~ry t Board
Staff
APP.? A~ FORM:
Legal Cou~e]~ to Airport Board
ATTEST: .
PPROVED AS TO FORM~:
City Attorney ~/--'
CITY OF COPPELL
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COUNTY OF
This instrument was acknowledged before me on the '~e day
of /~ , 1987, by
Executive Dirfector of the Dallas-Fort Worth International Airport
Board, on behalf of said Board.
My Commission Expires:
Notary Public - State of Texas
THE STATE OF TEXAS ~
COUNTY OF DALLAS ~
This instrument was acknowledged before me on the ?~ day
of~°'~P~/~e~ , 1987, by Lou Duggan, Mayor of the
City of 1, on behalf of said City.
ission Expires:
DOROTHY T,MMgNS
fl~tarv Public. State of Texas /'I ~
No'fy Publ~ - Strafe of Texas
463:D121286D.00
050787clkl
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