Mannatech-CN98031004/07/98
Deed
STATE OF TEXAS
LICENSE AGREEMENT
COUNTY OF DALLAS
74—S!ES
931692 $25.00
THIS AGREEMENT is made by and between City of Coppell, Texas (hereinafter
referred to as "CITY ") and Mannatech, Incorporated (hereinafter referred to as "LICENSEE ")
acting by and through their authorized representatives.
WITNESSETH:
WHEREAS, CITY owns the right -of -way described in Exhibit "A" attached hereto and
incorporated herein for all purposes; and
WHEREAS, LICENSEE request the consent of the CITY, to install or cause to be
installed a below ground two 2" conduit communication line (hereinafter referred to as the
"IMPROVEMENTS ") within City right -of -way as shown on the attached 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
right -of -way for LICENSEE's EVIPROVEMENTS;
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 license for the purpose of installing two 2"
conduit communication line (the "PERMITTED IMPROVEMENTS ") within CITY right -of -way
being more particularly shown on the map marked Exhibit `B" 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 facility located in, on, under or upon the right -of -way or property
owned by CITY, any utility or communication company, public or private, to all vested rights
presently owned any utility or communication company, public or private for the use of the CITY
right -of -way for facilities presently located within the boundaries of the right -of -way and to any
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existing lease, license, or other interest in the right -of -way 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 lease"
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 then 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's 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's instance or request.
6. Future City use: This License is made expressly subject and subordinate to the right of
CITY to use the property 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
or removal of the PERIVIITTED IMPROVEMENTS shall be necessary or convenient for CITY's
use of the property, LICENSEE shall at the sole cost and expense make or cause to be made such
modifications or relocate said PERMITTED IMPROVEMENTS was not to interfere with the
CITY's or CITY's assigns use of the property. A minimum of thirty (30) days written notice for
the exercise of the above action shall be given by CITY and LICENSEE shall promptly
commence to make the required changes and complete them as quickly as possible or reimburse
CITY for the cost of making such required changes.
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 upon termination by CITY whichever event first occurs.
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8. Comnliaace with laws: LICENSEE agrees to abide by and be governed by all laws,
ordinances and regulations of any and all govemmental entities having jurisdiction over the
LICENSEE.
9. Indemeltication: LICENSEE shall defend, protect and keep CITY forever harmless and
indemni5ed 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 fee, 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, except when caused by the willful misconduct of CITY, its officers, employees or
agents, and only then to the extent of the proportion of any fault determined against CITY for its
willful misconduct. 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, its 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
and shall restore such property to substantially the condition of the property prior to
LICENSEE's encroachment at LICENSEE's sole expense.
11. Assignment: LICENSEE shall not assign or transfer its rights under this Agreement to
any other person or entity without the prior consent of CITY.
12. Termination: This Agreement may be terminated in any of the following ways:
a. Written agreement of both parties;
b. By CITY giving LICENSEE thirty (30) days prior written notice;
e. By CITY upon failure of LICENSEE to perform its obligations as set forth in this
Agreement;
13. is • 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.
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98067 03316
14. 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 attomey's fees from the non - prevailing
Pty
15. 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.
16. 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.
17. 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.
18. Recitals: The recitals to this Agreement are incorporated herein by reference.
19. 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 acquires 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.
IN WITNESS, THEREOF, the parties executed.
EXECUTED this 10 tlj day of zz 1998.
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CITY OF COPPELL
By: _(j"a
CANDY SIFEHAN, MAYOR
ATTEST:
By:
KATHLEEN ROACH, CITY SECRETARY
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the '� day of ` 19 fi
by Candy Sheehan, Mayor of the City of CoppeQ Texas, a Texas municipality, on behalf of said
municipality.
,?'% •.,90 Notary Public, State of Texas
My Commission Expiret -t �'�� ; 9�
rFOF TExAS'
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MANNATECH INCORPORATED
By: v
PATRICK CORD, VICE PRESIDENT
AND CHIEF FINANCIAL OFFICER
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3316498
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LICENSEE'S ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the %tom day of (V\ gyt k
1998, by Patrick Cobb, Vice President and Chief Financial Officer of Mannatech Incorporated, a
Texas corporation, on behalf of said corporation.
ee4e0000000000000000 ,�
aoS@ TERRIE L. BAYLESS NOTAAAREYO�LLAS Notary Public, Stat f Texas
COMM. EXP. 6 -29 -98
My Commission Expires:
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EXHIBIT `A'
UTILITY EASEMENT
BEING the centerline of an 8' (foot) wide utility easement located between the back of curb
and the West right -of -way line of Royal Lane as recorded in Freeport North, an addition to the
City of Coppell, Dallas County, Texas, Volume 84203, Page 1835, Deed Records Dallas
County, Texas and being more particularly described as follows:
COMMENCING at the Southeast corner of Lot 1, Block 1 FREEPORT NORTH, an addition
to the City of Coppell, Dallas County Texas, Volume 97217, Page 2461, Deed Records Dallas
County, Texas, said point being in the West right -of -way line of Royal Lane.
THENCE N 00 °00'00" E, along the West right -of -way line of Royal Lane, a distance of
279.79 feet to a point for comer, said point being the beginning a curve to the right having a
central angle of 8025'35" a radius of 1055.00 feet and a chord bearing of N 4 012'48" E.;
THENCE along said curve a distance of 154.42 feet to a point for corner in the West right -of-
way line of Royal Lane;
THENCE S 81 °34'25" E, leaving said West right -of -way, a distance of 4.00 feet to the
POINT OF BEGINNING, said point being the centerline of an 8' (foot) located between the
back of curb and the West right -of -way line of Royal Lane, said point also being in a curve to
the left having a central angle of 8 025'35" a radius of 1044.00 feet and a chord bearing of S
4012'48" W;
THENCE along said curve a distance of 153.54 feet to a point for comer;
THENCE S 00 000'00" W a distance of 1,650.05 feet to a point for comer said point being the
Southwest right -of -way line intersection of the aforementioned Royal Lane and Creekview
Drive;
THENCE N 84 002'59" E, crossing said Royal Lane, a distance of 150.34 feet to a point for
corner, said point being in a curve to the left having a central angle of 12 017'20" a radius of
152,6.25 feet and a chord bearing of N 83 °51'20" E for comer, said point also being also 3.75
feet North of the South right -of -way line of Creekview Drive;
THENCE as the centerline of a 7.5' (foot) wide utility easement, along said curve a distance of
327.35 feet to a point for comer;
98067 03321
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APR 7 1998
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CQUtfTY CLERK, Dallas Counbr. Ton