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360Network-CN990728STATE OF TEXAS § COUNTY OF DALLAS § LICENSE AGREEMENT This Agreement ("AGREEMENT") is made by and between City of Coppell, Texas ( "CITY) and Touch America, Inc., a wholly owned subsidiary of the Montana Power Company, ( "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 requests the consent of the CITY, to install or cause to be installed a below ground fiber optic telecommunications cable ( "IMPROVEMENTS ") within City right -of -way as shown in Exhibit "B" attached hereto 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 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 license, pursuant to the terms of this AGREEMENT, for the purpose of installing a fiber optic telecommunications cable ( "PERMITTED IMPROVEMENTS ") within CITY right -of -way being more particularly shown on Exhibit "C" attached hereto and incorporated herein for all purposes. 2. Term: The term of this AGREEMENT shall be perpetual, subject, however, to termination by the CITY as provided herein. 3. Fee: In consideration for the rights and privileges agreed to under this AGREEMENT, LICENSEE agrees to pay CITY each year a sum (the"rate ") equal to one dollar ($1.00) per lineal foot of fiber optic cable installed within the Public Right -of -Way of the CITY, including street crossings, subject to the following rate adjustments. The rate set forth above shall be subject to adjustment annually to reflect any increase in the CPI. "CPI" as used herein shall mean the revised Consumer Price Index for all Urban Consumers (CPI -U), all items, published by the United States Department of Labor, Bureau of Labor Statistics 1982 -1984 = 100. In the event the U.S. Department of Labor, Bureau of Labor Statistics ceases to publish the CPI, the License Agreement - Page 1 SS26114 CITY and LICENSEE agree to substitute another equally authoritative measure of change in the purchasing power of the U.S. dollar as may be then available so as to carry out the intent of this provision. The rate of $1.00 per lineal foot shall remain effective for a period of one year from date of the commencement of operations under this AGREEMENT ( "COMMENCEMENT DATE'). On each anniversary of the COMMENCEMENT DATE, the rate shall be adjusted as above mentioned by the same percentage as there is a percentage increase, if any, between the CPI as published either for the month preceding the COMMENCEMENT DATE or the most recent such CPI, whichever is later, and that published for the month immediately preceding the current anniversary of the COMMENCEMENT DATE. Such fee shall be due and payable on or before the beginning of the fiscal year commencing October 1 st of each year. Whenever an application is approved prior to the end of the current fiscal year, said fee shall be pro -rated for the remainder of the fiscal year and shall be payable upon approval of application. 4. Non - exclusive: This AGREEMENT 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 existing lease, license, or other interest in the right -of -way granted by CITY to any individual, corporation or other entity, public or private; further, the CITY reserves the right to locate or use said right -of -way for any public purpose, including but not limited to traffic control devices and other appropriate public purposes; in the event of any such use by the City which would result in relocating the use granted herein, LICENSEE shall remove such use at its sole expense. 5. 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 "release" 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, to 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 License Agreement - Page 2 SS26114 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 AGREEMENT. 6. Use of the public right -of -way: (A) LICENSEE's PERMITTED IMPROVEMENTS shall be installed, operated and maintained in such manner as will, consistent with reasonable necessity, least interfere with other public uses of the right -of -way, and in accordance with plans and specifications submitted to and approved by the Engineering Department of the CITY. No construction shall commence until such plans and specifications have been approved by the Engineering Department of the CITY. (B) Except in cases of emergency, LICENSEE shall give at least forty-eight (48) hours notice of its intent to excavate or disturb the surface of any right -of -way to the Director of Public Works of the CITY. After such excavation or disturbance, the LICENSEE shall, with due diligence and dispatch, place the right -of -way in a condition acceptable to the CITY. LICENSEE shall notify CITY the next business day of any emergency work undertaken. (C) CITY reserves the right to make and enforce reasonable regulations concerning the construction, operation, and maintenance of LICENSEE's PERMITTED IMPROVEMENTS located along, across, over, or under the right -of -way and to reasonably designate where the PERMITTED IMPROVEMENTS shall be placed. 7. Minimum Specifications: The PERMITTED IMPROVEMENTS shall conform to the following minimum specifications ( "MINIMUM SPECIFICATIONS "): (A) The depth of conduit, measured from the top of the conduit to the surface of ground shall be a minimum depth of soil of sixty (60) inches and at a ditch crossing, a minimum depth of sixty (60) inches. (B) With the street right -of -way, with the exception of road crossings and driveways, a four (4) inch PVC conduit, with two (2) innerducts, encased with a four (4) inch cap of concrete shall be used. A three- fourth (3/4) inch fiber cable shall then be pulled through the conduit in place. (C) Under all road crossings and driveways a four (4) inch, black steel pipe will be installed by jacking or dry boring, maintaining a depth of forty-eight (48) inches below the surface of the road. License Agreement - Page 3 SS26114 (D) Trenching shall be promptly backfilled with earth and tamped with a mechanical tamper at six (6) inch lifts, so that the earth is restored to original grade to assure no hazard to vehicular, animal, or pedestrian traffic. All open trenches will be properly guarded or barricaded to prevent damage or injury. (E) All cable, where practical, shall be located to cross roadbed at approximately right angles thereto. No cable shall be placed at any culvert within five (5) feet of the closed point of same. (F) In areas of potential erosion the areas are to be sodded and watered for erosion control. (G) Operations along roadways, walkways, and sidewalks shall be kept clear of excavated material or other obstructions at all times. Barricades, warning signs and lights, and flagmen, when necessary, shall be provided by the contractor or LICENSEE. One half of the traveled portion of the road must be open at all times. (I) Damage to banks, ditches, roads, fences, lawns, shrubbery, drives, and any other property caused from the equipment and installation of the communication system shall be immediately repaired to the satisfaction of the public authorities having jurisdiction over the right -of -way involved, at the cost of the LICENSEE. (G) Upon completion of the installation of the utility, "As Built" or "Record Drawings" should be provided as per the CITY's Subdivision Ordinance Section XV. 8. Inspection and Fee. (A) CITY shall have the right to inspect any construction as it progresses and when it is completed, in order to assure compliance with all applicable rules, regulations, and laws. CITY may at any time order LICENSEE to remove or abate any conditions that CITY deems dangerous to the health, safety, or welfare of life or property. If LICENSEE fails or refuses to remove or abate such condition, CITY shall cause the removal or abatement at the sole expense of the LICENSEE. LICENSEE shall not be entitled to compensation or reimbursement nor shall CITY be liable for any damages to the PERMITTED IMPROVEMENTS occasioned by the removal or abatement of any dangerous condition, as determined by the CITY' (B) A fee in the amount of one dollar ($1.00) per lineal foot of fiber optic cable laid within the right -of -way shall be assessed for the inspection of the construction of the IMPROVEMENTS. This fee shall be paid at the time application is made for a permit to use the right -of -way for any purpose granted by this AGREEMENT, and shall be in addition to any fee levied for the use of the Public Right -of -Way. License Agreement - Page 4 SS26114 9. Maintenance: The LICENSEE, or its assignee, agrees to maintain the PERMITTED IMPROVEMENTS to the MINIMUM . SPECIFICATIONS for the duration of this AGREEMENT. In the event that the PERMITTED IMPROVEMENTS are not maintained to the MINIMUM SPECIFICATIONS, CITY will notify LICENSEE in writing of such failure in sufficient detail so as to apprise LICENSEE. LICENSEE shall have fourteen (14) days to bring the PERMITTED IMPROVEMENTS into compliance with the MINIMUM SPECIFICATIONS. However, if after fourteen (14) days the PERMITTED IMPROVEMENTS have not been brought up to the MINIMUM SPECIFICATIONS, the CITY may maintain or cause to be maintained the PERMITTED IMPROVEMENTS and assess all costs incurred to CITY for such maintenance against LICENSEE. 10. 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. 11. Future City use: This AGREEMENT 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 PERMITTED IMPROVEMENTS shall be necessary or convenient for CITY's use of the property, LICENSEE shall at its sole cost and expense make or cause to be made such modifications or relocate said PERMITTED IMPROVEMENTS so as 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. 12. Duration of License: This AGREEMENT 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. 13. Compliance with laws: LICENSEE agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the LICENSEE. 14. 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 License Agreement - Page 5 ss26114 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 negligence or 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. 15. Action upon termination: At such time as this AGREEMENT may be terminated or canceled for any reason whatsoever, LICENSEE, upon request by CITY, shall either (i) 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; or (ii) abandon all PERMITTED IMPROVEMENTS and appurtenances in place. 16. Assignment: LICENSEE shall not assign or transfer its rights under this AGREEMENT to any other person or entity without the prior written consent of CITY, which consent will not be unreasonably withheld. Any assignment agreement shall be in writing and a duly executed copy of same shall be filed with the CITY's City Engineer. 17. 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; C. By CITY upon failure of LICENSEE to perform its obligations as set forth in this Agreement, if LICENSEE has not cured any failure within thirty (30) days of written notification by CITY of such failure. 18. 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 below. Either party may designate from time to time another and different address for receipt of notice by giving notice of such change or address. License Agreement - Page 6 SL6114 to CITY: Ken Griffith, P.E. Director of Engineering & Public Works City of Coppell 255 Parkway'Blvd. P.O. Box 478 Coppell, Texas 75019 to LICENSEE: Andy Robertson Project Manager POWER Engineers, Inc. 1111 N. Floyd Road Suite G Richardson, Texas 75080 19. 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 Pty• 20. 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. 21. 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. 22. 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. 23. Recitals: The recitals to this Agreement are incorporated herein by reference. 24. 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 irf 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. License Agreement - Page 7 ss26114 EXECUTED this 20-1,Kday of • CIT Lo ATTEST: 1999. By: LIBBY BAL RIM CITY SECRETARY EXECUTED this day of 1999. TOUCH AMERICA, INC. B. PATRIC OGAN, GENERAL MANAGER -- OPERATIONS License Agreement - Page 8 ss26114 LICENSEE'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the _ day of . 1999, by Patrick M. Hogan, General Manager - Operations of Touch America, Inc., on behalf of said corporation. Notary Public, State of Texas My Commission expires: License Agreement - Page 9 SS26114 CITY'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me 1999, by Candy Sheehan, Mayor of the City of Coppell, said municipality. My Commission Expires: • to"I ""Ote#i G• •••�� OF rEXwS ".. "Z -2000 ..�•••• License Agreement - Page 10 )n the 2e L"wday o Texas, a Texas munic 'ty, o half of Notary Public, Sfa of Texas SS26114 011: RIGHT -OF -WAY License Agreement - Page 11 SS26114 Jul 08 99 05:30p Andy Roberson 972 - 238 -9232 p.2 EXHIBIT A SEE MAP FOR ROUTE SCHEMATIC Below Ground Fiber Optic Telecommunications Cable to be placed in 18' ROW on South side of Sandy Lake (60' ROW) Road from Texas DOT property at State Hwy 121 and is to be placed 5' from edge of pavement which equals 11-13'-from ROW boundary. It shall cross Royal Lane and continue in a southerly direction on the East side of Royal Lane, 7 -10' from edge of pavement in the existing 130' ROW of Royal Lane, which would make it 39-42' from ROW boundary. The ROW decreases to 100' approximately 325' from the intersection of Royal and Sandy Lake Road, which would then make it 24 -27' from ROW boundary. This placement and ROW dimensions remain consistent to Bethel Road. At Bethel Road the route turns East on to the North side of Bethel Road (ROW dimensions — 82'). Our placement wi8 be 12 -15' off edge of pavement, which equals 19-22' from ROW boundary. Approximately 1930 -1940' East from the intersection of Royal Lane and Bethel Road, the ROW changes'to 72'. We will remain 12' -15' off the edge of pavement which now equals 14' -17' from the ROW boundary. This will remain constant until we cross Bethel Road and head South on the East side of Freeport Pkwy. (ROW Dimension 920). The placement will be 5' -7' off the edge of pavement which equals 9' -11' off ROW boundary. Right of Way changes to 80' from 92' approximately 900' South of Gateway Blvd., and then it will be 5' off edge of pavement and 5' from ROW boundary due to a 60' road width. This will be constant for the remainder of Freeport Pwky., until we reach TX DOT Property at Interstate Highway 635 and the end of the City of Coppell City Limits. Jul 08 99 05:30p Andy Roberson �m w _ r E3 a N t D 3 D i U c M C 1 � V T • r= / tl3 . •'f • Tl qe' Im' 972 -238 -9232 � A� I «•' co -1 - AS � ". 1 ST. too k SMfDMSTERN I.R. "" Spu1HMfESSCAM 1 • 1 � 1 6AtevHr w.. - - ALSLldt M s pouch merica MLE: DENVEN TO GALLAS - SEGMENT 06 maym Cp It OAUA& TX G7'1 r z F =o � O rY r • •1 • V O y M f • P Z V A � O A n On R � f1 N +Y r n p.3 i r y N <' 0 _ 0 C IW= an j M n O. O M O 1 � C IW= an EXMIT B IMPROVEMENTS License Agreement - Page 12 SS26114 Ju1 08 99 05:30p Andy Roberson 972 - 238 -9232 P-4 TOUCH AMERICA, INC., a wholly owned subsidiary of the Montana Power Company, is planning on placing Foot (4) - Two (2) inch HDPE Conduits through the City of Copp ell. Touch America, Inc., will then pull One (1) -One Hinted and Forty- Four ( 144) Fier Optic Cable- through One (1) of the Conduits. The other Three (3) Conduits will be reserved for future Long Distance Communication needs of Touch America. The Conduits and Fiber Optic Cable will be used for Long Distance only with no plans for any local service to the City of Coppa Q77 17W Q7'n C)ev= CW Jul 08 99 05:31p Andy Roberson 9 72- 238 -9232 p.1 r SMAW LAKE AM* y _R lHi' s R a WT(VI(N i�5� .� -: iS, n x�� 0 r, n 1 a E� - O W • T ■ pw m �m M r 's D � D a.:A•' no st. sows it SpUIVME9TEAN • `i GAifuMT rur�. - - • - /1tYfd1 K \ S _uch America. MLE: DENIER TO D" - SEGMENT 06 Oc"vmCO • LVA&1; IE n C = C L n r y ^ r n r e n p v y M ^r z O � o � L R A M A 0 a O r+ v r y � r �Los �^ 0 n z L4 H~A M ; MUM �N ssf 3 n MA 1. O ^ ?: W s. i�5� .� -: iS, n x�� 0 r, n 1 a E� - O W • T ■ pw m �m M r 's D � D a.:A•' no st. sows it SpUIVME9TEAN • `i GAifuMT rur�. - - • - /1tYfd1 K \ S _uch America. MLE: DENIER TO D" - SEGMENT 06 Oc"vmCO • LVA&1; IE n C = C L n r y ^ r n r e n p v y M ^r z O � o � L R A M A 0 a O r+ v r y � r �Los �^ 0 n z L4 H~A M ; n O �' t ssf 3 n r M w e oori ai FJGMIT C PERMITTED EWROVEMENTS License Agreement - Page 13 SS26114 �� vf+rr Submit to the DRY BORE / STREET CUT / SAW CUT PERMIT IN RIGHT -OF -WAY / EASEMENT Town Center, 255 Parkway Blvd. Date: 7 — PERMIT FEE: $100.00 ' (No charge to Utility Companies with approved Franchise/ROW Use Agreement) 0 Plans provided and approved (Erosion Coiafrol /safety fences must be installed prior to beginning work) Project Name/Location: --TZ -f 777) 717 7-,, Tyr /,.J -7--)r General Contractor: _-7.)kdz!T7 Permit issued to Company/Representative: � �/ Il.(14 ►yt. l C_ 0-w 6Lr-- Address: z"!591 VAAJ A n.t ar 00 t47-V ROAD 4871 _ Telephone #: a 3 -- $4 —Z*7+7 Emergency Telephone #:11?— — e 31, Utility Company Represented: OTXU OLone Star OGTE OSWBeIl OParagon O CoServe Comm O CoServe Electric L- her If "Other " is checked, please note that franchise or right-of-way use agreenw& will be required and need Council approval prior to beginning work. Permit be approved until that time. General Description of work (provide copy of approved pkw): -MMr= --fs, : TLv4 OF A t=- (QE2. O PTl C O K t; J = / N 9 Was contact made with City and/or utility companies to locate existing utilities? if NO, Reason: YES i NO O Is removal of existing streets, alleys or sidewalks necessary? YES O NO YES, mast have ty inspection prior to concrete repkrcement aewba'M ,Dry Bore / Street Cut / Saw Cut Permit Representatives) of the Contractor must Coppell. which adhere to all cons Maion standards includes but is not approved by the City requirements(densiry tests limited to: Erosion Control Ordinance, co of the Texas Manual on Uniform T e required at the appliamts eXpe)cn mpaction condition as before the commencement Control D� ces. drea(s) q�e�ed 8 cording to of work radin dr • must be restored to as good g• aurage, vegetation, and erosion control). Any excavation requiring closing of a street/alley must be repot prior to closi th 8 to e following: Police Department a 972/304 -3600 n Fire Department @ 972/304 -3500 Street Department a 972/304 -3546 Engineering Department a 972/304 -3679 Attach barricade plan / trench safety Plan if a lane or street closure is re Note: Street closures are allowed from 9: G�0 a m until � •m „ .,, 4iured. City Engineer. �•� Qn- unless otherwise approved by Attach Work Order (franchise only). Contact must be made with Ciry and utility companies to locate eztstirtg utiles beginning of work. 48 hours Prior to Signature o ✓ �' Co'mPany Representative �n a of C r Representative Signature of City Represen tive OU Comments: 11 S 0 —/'11 Note: Date — <' Dale - Notify City Inspector at 9721304 -3679 prior to beginning xork and prior to ll r concrete, trench, ditch and open pit inspections. f° (Bad,lu nutst meet all construction standards approved by the City of Cop ell. P ) Applicant shall indemnify and forever hold harmless against each and every clai 'f action that may made or come against it by reason of or t m' demand closure, cause 'loctng, erca�ng, cutting, tunneling, or other werk the f lic arising °u °f the clasure, if such permit is granted. �' applicant under permit from the City, Received From p� INVOICE DATE DESCRIPTION y b Address _ a' ^N 7/30/99 i O $19,588.00 (0p _ :$19: ,588.00 j For ` a. c. U�0 N AM- .F AG:- r' Am- =A._ BA-AN CE TOUCH AMERICA, INC. A Montana Power Company Date 9—,5--g J _ % CRASH D!) CHECK f.'CNP 9CE9C1 j VENDOR NO. DATE Dollars $ / C%_ CHECK NO. INVOICE NUMBER INVOICE DATE DESCRIPTION GROSSAMOUNT DISCOUNTS /ADJUSTMENTS! PAYMENT AMOUNT 7/30/99 i 7/30/99 Permit /License Fee � i I Hand check $19,588.00 0.00 I I $19,588.00 I :$19: ,588.00 j 0.00 ! •US BANKHAVRE• .29034929 130 North Main US BANK MONTANA Butte, MT 59701 NATIONAL ASSOCIATION Touch America 235 FIRST STREET 93 -38 Tbs .Nuarana ?mi -v Trop; —e( .—y HAVRE, MT 59501 929 7D/ATE. CHECK AMOUNT PAY NINETEEN THOUSAND FIVE HUNDRED EIGHTY EIGHT AND NO 1100 DOLLARS $ 19,588.00 TO THE CITY OF COPPELL DER OF COPPELL,TE%AS Counter nature requ ed on c eckE over S25,000.00 II' 290349 2911' 1:09 2900 38 31: L5064830866911'