Old Town Addition-AG130722 STATE OF TEXAS §
§ LICENSE AGREEMENT
COUNTY OF DALLAS §
THIS AGREEMENT is made by and between the City of Coppell, Texas (hereinafter
referred to as "CITY") and Main Street Coppell Property Owners Association, Inc., whose
address is 4965 N. O'Connor Road, Irving, Texas 75062-2716 (hereinafter referred to as
"LICENSEE")acting by and through their authorized representatives.
WITNESSETH:
WHEREAS, LICENSEE desires to install and maintain landscaping and irrigation
(hereinafter referred to "PERMITTED IMPROVEMENTS") which may/or may not encroach
within City of Coppell property, as shown on the attached plat of Block A-G, old Town
Addition, recorded as Instrument No. 201100074924, official public records of Dallas County
marked as Exhibit "A" and shown on the attached surveys marked Exhibit `B 1', `B2' and 133'
and incorporated herein for all purposes, (hereinafter referred to as ENCROACHMENT AREA);
and
WHEREAS, LICENSEE has requested the CITY allow the PERMITTED
IMPROVEMENTS and/or continued use and occupancy, as depicted in the Exhibits B1, B2 and
B3 attached hereto.;
WHEREAS, LICENSEE desires to install and maintain "PERMITTED
IMPROVEMENTS" within the ENCROACHMENT AREA and requests continued use and
occupancy of the ENCROACHMENT AREA for PERMITTED IMPROVEMENTS;
WHEREAS, CITY acknowledges that if the PERMITTED IMPROVEMENTS are
damaged by the CITY, the CITY will be responsible for repair or replacement of any
PERMITTED IMPROVEMENTS within the ENCROACHMENT AREA. Any repair or
replacement of the PERMITTED IMPROVEMENTS necessary as a result of damage by parties
other than the CITY and/or natural deterioration will not be the responsibility of the City.
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 an irrevocable license agreement (hereinafter
referred to as "AGREEMENT") subject to the limitations and termination clauses of this
Agreement, for the purpose of installation and maintenance of the PERMITTED
IMPROVEMENTS within the ENCROACHMENT AREA and being more particularly depicted
on Exhibit `B1', `B2' and `B3' attached hereto and incorporated herein for all purposes. Only
PERMITTED IMPROVEMENTS that meet the requirements of the ENCROACHMENT AREA
will be allowed.
License Agreement- Page 1 TM 59063
2. Term: The term of this AGREEMENT shall be perpetual, subject, however, to
termination or other provisions as provided herein.
3. Non-exclusive: This AGREEMENT is nonexclusive and is subject to any existing
utility, drainage or communications facilities located in, on, under, above or upon the
ENCROACHMENT AREA, 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 for facilities presently located within the boundaries of the ENCROACHMENT
AREA.
4. Environmental Protection: LICENSEE shall not use or permit the use of the
ENCROACHMENT AREA 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 IMPROVEMENTS within the ENCROACHMENT
AREA will not result in the disposal or other release of any hazardous substance or solid waste
on or to the ENCROACHMENT AREA,and that it will take all steps necessary to ensure that no
such hazardous substance or solid waste will ever be discharged onto the ENCROACHMENT
AREA 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 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 ENCROACHMENT AREA and surrounding CITY property
resulting from LICENSEE' use of the ENCROACHMENT AREA under this AGREEMENT.
5. Mechanic's liens not permitted: LICENSEE shall fully pay all labor and materials used
in, on or about the ENCROACHMENT AREA and will not permit or suffer any mechanic's or
material man's liens of any nature be affixed against CITY by reason of any work done or
materials furnished to the ENCROACHMENT AREA at LICENSEE' instance or request.
6. Duration of AGREEMENT: This AGREEMENT shall terminate and be of no further
force and effect in the event LICENSEE discontinues or abandons the use of the PERMITTED
IMPROVEMENTS or in the event LICENSEE removes the PERMITTED IMPROVEMENTS
from the ENCROACHMENT AREA and fails to replace with substitute PERMITTED
IMPROVEMENTS within sixty (60) days thereafter or upon termination by CITY whichever
event first occurs, then this AGREEMENT shall be of no further effect.
7. Compliance with laws: LICENSEE agrees to abide by, be governed by, and be
responsible for compliance with all laws, ordinances and regulations of any and all governmental
entities having jurisdiction over the LICENSEE.
License Agreement- Page 2 TM 59063
8. Action upon termination: At such time as this AGREEMENT may be terminated or
canceled, LICENSEE shall be deemed to have abandoned all PERMITTED IMPROVEMENTS
and appurtenances owned by it, situated in, on, under, above or upon the ENCROACHMENT
AREA. If this AGREEMENT is terminated at the discretion of CITY and not because of a
default by LICENSEE, CITY agrees to maintain the PERMITTED IMPROVEMENTS then in
place for no less than ten (10) years thereafter; subject, however, to the right of CITY to remove
or make changes to the PERMITTED IMPROVEMENTS to accommodate other CITY uses for
public purposes
9. Termination: This AGREEMENT may be terminated on written notice in any of the
following ways:
a. Mutual Written agreement of both parties; or
b. By CITY upon failure of LICENSEE to perform its obligations as set forth in this
AGREEMENT and the failure of LICENSEE to cure such failure within sixty
(60) days after receipt of written notice from the CITY; or
c. By CITY, in its sole discretion, based on the need to utilize the
ENCROACHMENT AREA to serve a public purpose.
10. 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.
11. 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.
12. 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.
13. 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.
14. Recitals: The recitals to this AGREEMENT are incorporated herein by reference.
15. 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 acquire 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.
License Agreement- Page 3 TM 59063
EXECUTED this 11111 day of J 2013.
CITY OF COPPELL, TEXAS
By:
CLA 'PHILLIPS, CITY MANAGER
255 'arkway Blvd.,Coppell,TX 75019
ATTEST:
/ r
By: �� / /.. /i , �
CHRISTEL PETT -'OS, CITY SE 'ETARY
ACCEPTANCE ACKNOWLEDGED BY:
LICENSEE:
MAIN STREET COPPELL PROPERTY OWNERS
ASSOCIATION, INC., a Texas non-profit corporation
foe 4-11e card af b I'ecto, s
By: Cis
Name: C-114 it I es Coti-€4
Title: 66 ece eta P y
License Agreement-Page 4 TM 59063
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the Z Z day of :To,1) ,2013
by Clay Phillips, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
Notary Public, State of Texas
My Commission Expires:
�'
t ' % DEBBIE CRAVEY
'` My Commission Expires
" c May 20, 2015
License Agreement- Page 5 TM 59063
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the 17 444 day of
U Li n Q ,2013,by a1 COIQA. (Off em
Div for of Main Street Co ell Pro'e
pp Prop e,
Owners Association, Inc., a Texas non-profit corporation, on behalf of such corporation.
A�� TERESA ELAINE CROW '
-,- My Commission Expires
J4nuery 10,2017 I
/j N• ARY 'UBLIC, State of Texas
My Commission Expires:
t 1 //0//7
License Agreement-Page 6 TM 59063
EXHIBIT"A"
0.021 ACRES
5'LANDSCAPE MAINTENANCE AREA
STATE OF TEXAS
COUNTY OF DALLAS
Being a(936 square feet)0.030 acre tract of land,situated in the James A.Simmons Survey,Abstract No. 1296 in the City of Coppell,
Dallas County,Texas,being a portion of Bumet Street(a 80.0 foot width Right-of-Way),as dedicated by Old Town Addition,an
addition to the City of Coppell,according to the plat thereof recorded in Document No.201100074924,Official Public Records,Dallas
County,Texas and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod found at the most easterly northeast corner of Lot 1,Block C,Old Town Addition,an addition to the
City of Coppell,according to the plat thereof recorded in Document No.201100074924,Official Public Records,Dallas County,Texas,
said point being southeast corner of said Burnet Street,same point also being the northwest corner of that certain tract of land
conveyed to Jet Financial Group,LLC by deed as recorded in Document No.20070225770,Official Public Records,Dallas County,
Texas;
THENCE South 88 degrees 17 minutes 04 seconds West, along the south line of said Bumet Street,a distance of 5.00 feet to a point
for corner,said point being the southwest corner of said 0.021 acre tract of land being described;
THENCE North 01 degrees 46 minutes 57 seconds West, departing the south line of said Burnet Street and through the interior of said
Burnet Street, a distance of 187.16 feet to a point for corner,said point being the northwest corner of said 0.021 acre tract of land
being described;
THENCE North 88 degrees 12 minutes 07 seconds East,continuing through the interior of said Bethel Road,a distance of 5.00 feet to
a 1/2 inch iron rod set for corner,said point being the southwest corner of that certain tract of land conveyed to Jalal Khorami by deed
as recorded in Volume 95082,Page 289, Deed Records,Dallas County,Texas, same point being in the east line of said Bumet Street,
said point also being the northeast corner of said 0.021 acre tract of land being described;
THENCE South 01 degrees 46 minutes 57 seconds East,along the east line of said Bumet Street,a distance of 187.16 feet the
POINT of BEGINNING and containing 936 square feet or 0.021 acres of computed land.
William P. Prig
Registered Professional Land Surveyor No.3047
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William P. Price
3047
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NOTES:
1.IRF-IRON ROD FOUND
2.IRS-IRON ROD SET
3.Basis of Bearing-Subject Plat
4.C.M.=CONTROLLING MONUMENT
APRIL 23,2012
SURVEY GROUP JOB NO.:
12002LE3
SURVEYING*CONSULTING*MANAGEMENT Rev.
APRIL 23,2013
DATE APRIL 23,2012
TBPS No.101733-00
SCALE: 1"=50'
400 SOUTH INDUSTRIAL BLVD.,STE 219 (817)3y�1�
EULESS,TEXAS 76040 (817)3541451 FAX DRAWN 9Y: RN
EXHIBIT"A"
0.021 ACRES
5'LANDSCAPE MAINTENANCE AREA
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(A VARIABLE WIDTH R.O.W.)
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(817)354-1451 FAX JOB NO.:
DATE:
SCALE:
DRAWN BY: 12-002 LE3
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APFOL 23 2012
1"=50'
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--------------- - --- -- ---
EXHIBIT"A"
0.016 ACRES
STATE OF TEXAS 5'LANDSCAPE MAINTENANCE EASEMENT
COUNTY OF DALLAS
Being a(677 square feet)0.016 acre tract of land,situated in the James A.Simmons Survey,Abstract No.1296 in the City of Coppell,
Dallas County,Texas,being a portion of Houston Street,(a variable width Public Right-of-Way),as dedicated by Old Town Addition,an
addition to the City of Coppell,according to the plat thereof recorded in Document No.201100074924,Official Public Records,Dallas
County,Texas and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod found at the southeast corner of Lot 1,Block C, Old Town Addition,an addition to the City of
Coppell,according to the plat thereof recorded in Document No.201100074924,Official Public Records,Dallas County,Texas,said
point being in the north line of said Houston Street,same point also being the southwest corner of that certain tract of land conveyed to
Jet Financial Group,LLC by deed as recorded in Document No.20070225770,Official Public Records,Dallas County,Texas;
THENCE North 88 degrees 12 minutes 07 seconds East,along the north line of said Houston Street,a distance of 130.40 feet to a
point for corner,said point being in the west line of Coppell Road South(a variable width right-of-way),same point being the northeast
corner of said 0.016 acre tract of land being described;
THENCE South 01 degrees 49 minutes 18 seconds East,departing the north line of said Houston Street and along the west line of
said Coppell Road South,a distance of 5.00 feet to a point for corner,same point being the southeast corner of said 0.016 acre tract of
land being described;
THENCE South 88 degrees 12 minutes 07 seconds West,departing the west line of said Coppell Road South and through the interior
of said Houston Street,a distance of 135.41 feet to a point for corner,said point being the southwest corner of said 0.016 acre tract of
land being described;
THENCE North 01 degrees 46 minutes 57 seconds West,continuing through the interior of said Houston Street,a distance of 5.00 feet
to a point for corner,said point being the northwest corner of said 0.016 acre tract of land being described,same point being in the
north line of said Houston Street,said point also being in the south line of said Lot 1,Block C;
THENCE North 88 degrees 12 minutes 07 seconds East,along the north line of said Houston Street,a distance of 5.00 feet to the
POINT of BEGINNING and containing 677 square feet or 0.016 acres of computed land.
William P. Prig
Registered Professional Land Surveyor No.3047
OFT�
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William P. Price
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NOTES: `/f (rL
1.IRF-IRON ROD FOUND
2.IRS-IRON ROD SET
3.Basis of Bearing-Subject Plat
4.C.M.=CONTROLLING MONUMENT
SURVEY GROUP ,ZaD=�
SURVEYING*CONSULTING*MANAGEMENT DATE: APRa,s.�„
TBPSNo.101733-o0
SCALE: P=40'
400 SOUTH INDUSTRIAL BLVD.,STE 219 (617)a54 140.5
EIx.ESS.TEXAS 76040 (817)354-1451 FAX DRAWN BY: RM
EXHIBIT N'
0.016 ACRES
5'LANDSCAPE MAINTENANCE EASEMENT
CROCKETT STREET I I
(A 44.0 FOOT WIDTH Rom) O m W
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OLD TOWN ADDITION
DOC.NO.201100074924
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DOC.NO.20070225770
O.P.R.D.C.T.
LINE TABLE
LINE LENGTH BEARING I
L1 5.00 S01°49'48"E
L2 5.00 N01°48'57"W I P.O.B.] ,. O
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DOC.NO.201100074924 c
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*EOF re.
William P. Price
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NOTES: �� S U R��`�
1.IRF-IRON ROD FOUND n
3.IRS-of N ROD SET i'/
3.Basis of Bearing-Sint Plat / / /LLL////tlAt 4.C.M.=CONTROLLING MONUMENT Exhibit 'B2' l•`/ - (//'�O
SURVEY GROUP JOB NO.: `-I 12-002 GL-E7
SURVEYING*CONSULTING*MANAGEMENT DATE: APRIL 16 2012
TBPS No.101733-00
SCALE: 1 =4a
iabil
400 SOUTH INDUSTRIAL BLVD.,STE 219 (817)354-1445
EULESS.TEXAS 76040 (811)354-1451 FAX DRAWN BY: RM
EXHIBIT A"
5'LANDSCAPE MAINTENANCE EASEMENT
STATE OF TEXAS
COUNTY OF DALLAS
Being a(514 square feet)0.012 acre tract of land,situated in the James A.Simmons Survey,Abstract No.1296 in the City of Coppell,
Dallas County,Texas,being a portion of Lot 1,Block C,Old Town Addition,an addition to the City of Coppell,according to the plat
thereof recorded in Document No.201100074924,Official Public Records,Dallas County,Texas and being more particularly described
as follows:
BEGINNING at a 1/2 inch iron rod found at the southeast corner of said Lot 1,Block C, said point being in the north line of Houston
Street,(a variable width Public Right-of-Way),as dedicated by Old Town Addition,an addition to the City of Coppell,according to the
plat thereof recorded in Document No.201100074924,Official Public Records,Dallas County,Texas,same point also being the
southwest corner of that certain tract of land conveyed to Jet Financial Group,LLC by deed as recorded in Document No.
20070225770,Official Public Records,Dallas County,Texas;
THENCE South 88 degrees 12 minutes 07 seconds West, along the north line of said Houston Street,a distance of 5.00 feet to a
point for corner,said point being the southwest corner of said 0.012 acre tract of land being described;
THENCE North 01 degrees 46 minutes 57 seconds West, departing the north line of said Houston Street and through the interior of
said Lot 1,Block C, a distance of 102.71 feet to a point for corner,said point being the northwest corner of said 0.012 acre tract of
land being described,same point being in the south line of Burnet Street,(a 80.0 foot width Public Right-of-Way),as dedicated by Old
Town Addition,an addition to the City of Coppell,according to the plat thereof recorded in Document No.201100074924,Official
Public Records,Dallas County,Texas
THENCE North 88 degrees 17 minutes 04 seconds East,along the south line of said Bumet Street,a distance of 5.00 feet to a 1/2 inch
iron rod found at the northeast corner of said Lot 1,Block C,said point being the northwest corner of said Jet Financial Group,LLC
tract;
THENCE South 01 degrees 46 minutes 57 seconds East,departing the south line of said Burnet Street and along the common line of
said Lot 1,Block C and said Jet Financial Group,LLC tract,a distance of 102.70 feet the POINT of BEGINNING and containing 514
square feet or 0.012 acres of computed land.
/-9/2
William P. Price
Registered Professional Land Surveyor No.3047
OFTF
AG1 STfR�,9
William P. Price
3047
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NOTES: 4 jl(//i(1"
1.IRF-IRON ROD FOUND
2.IRS-IRON ROD SET
3.Basis of Bearing-Subject Plat
4.C.M.=CONTROLLING MONUMENT
ISM SURVEY GROUP.. ,2002 LE2
SURVEYING*CONSULTING*MANAGEMENT
OATEN APRIL 16,2011
TBPS No.101733-00
SCALE: 1'=40'
400 SOUTH INDUSTRIAL BLVD.,STE 219 (817)354-1445
EULESS.TEXAS 76010
(017)J541431 FAX DRAWN aT: RM
EXHIBIT A"
0.012 ACRES
5'LANDSCAPE MAINTENANCE EASEMENT
CROCKETT STREET I
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NOTES:
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1.IRE-IRON ROD FOUND S U Rv
2.IRS-IRON ROD SET
3.Basis of Bearing-Subject Plat
4.C.M.=CONTROLLING MONUMENT Exhibit 'B3' 6 l)((V��e //i//&
SURVEYGROUP JOB NO.: ,24102LE2
SURVEYING•CONSULTING"MANAGEMENT
PATE; APRIL 16,2012
TEPS No.101733-00
400 SOUTH INDUSTRIAL BLVD..STE 219 SCALE: r=4V
EULESS,TEXAS 76040 (817)354-1445
(817)3541457 FAX DRAWN BY RN