Kimbel Addition-CS 980612 ~~~~/~ ~ P.O. Box 478
r Coppell. Texas 75019
/ __~/--'~ The City With A Beautiful Future 972-462-0022
P.O. BOX 478
TEXAS 75019
COPPELL,
June 12, 1998
Mr. Joe Clark
Senior Real Estate Representative
National Convenience Stores, Inc.
1624 N.W. 19th Street
Grand Prairie, TX 75050
RE: License Agreement for installation of brick pavers in the City of Coppell right-of-way.
Dear Mr. Clark:
Enclosed is a preliminary License Agreement for the installation of brick pavers in the driveway
intersecting MacArthur Blvd. at the Stop 'N Go located at 1000 Sandy Lake Road in the City of
Coppell. Please review the License Agreement and return it along with any comments so that we may
process it back through the City Attorney.
Should you have any questions please feel free to contact me at 972/304=3681.
Sincerely,
M~E. ' .....
Assistant City Engineer
file: mmaltin/'s~o~n~o.do¢
HIqR 26 '9~ 14:51 FR
LICENSE AGREEMENT
THIS AGREEMENT is made by ~d ~tween the City of Copl~eIl, Texas, a
municipal corporation ("City") and National Convenience Stores Incorporated, a
Delaware Corpor~ion ("Li~nsee").
WHEREAS, City owns thc right-of-way described in Exhibit "A" attached hereto'
and incorporated herein for all purposes; and
-~ XVHEREA$, Licensee desires to place, imudl and maintain a brick paver
x~l/crosswalk within the City's fight-of-way as shown on the attached survey plat
marked Exhibit "A' and incorporated herein for all purposes; and
WHBRBAS, Licensee has requested the City to allow thc use and occupancy of
the City's right-of-way for Licensee's brick paver bead/crosswalk;
NOW THEREFORE, in consideration of the convenants contained herein, the
parties at~e as follows:
"~ 1. City hereby grants Licensee a license to install and maintain a brick paver
-~-beag/crosswalk within the City's right-of-way being more particularly shown on Exhibit
"A" attached hereto and incorporated herein for all purposes.
2. Li~ns~ agrees to pay for the construction of the brick paver b/s~d/ctosswalk with
'~.in the City's right-of-way and agrees to maintain, at its expense, said brick paver
.~ bend/crosswalk. Further, Licensee agrees to submit to the Building Official and Public
Works Director of the City plans for the placement, arrangement and installation of the
brick paverq~l~cros~k within the City's right-of-way for their review and approval.
3. The terms of this License shall be perpe~, subject, however to termination by
the City upon written notice to the Licensee. Upon termination, Licensee shall at its sole
cost and expense remove the brick paver I~umi/crosswaik within the City's right-of-way.
4. Licensee agrees to abide by and be governed by all laws, ordinances and
regulations of any and all governmental entities having jurisdiction over the Licensee.
5. Licensee agrees to indemnify and hold harmless the City from any liability or
damages thc City may suffer as a result of any claims, demands, suits, judgment, costs or
expenses, including expense of litigation, court costs and attorney fees, arising out of or
in any way connected with the installation, placement, use, maintenance, operation, or
17047
MAR ~15 '98 14:52 FR N|~'~OL$ JCKSON DLLRD 214 965 BS10 TO ~.~z2:~D43578 P.B4/87
removal of the brick paver bes~l/crosswalk within the City's right-of-way and such
indemnification shall include specifically indemnification for the negligence or willful
conduct of Licensee, its agents, servants, employees, contractors and customers arisir~
out of or in any way connected tc ~installation, placement, uso, maintenance, operation
or removal of the brick paver b~a/crosswalk within thc City's right-of-way. Such
indenmity shall extend during the entire time thc easement is in effect.
6. The validity of this A~eement, the construction and enforcement of its terms, and
the interpretation of the rights and duties of tbe parties shall be governed by the laws of
the State of Texas, and exclusive venue of any action to enforce its terms shall lie in
Dallas County, Texas.
7. This Agreement constitutes the entire agreement betw~ thc City and Licensee
and supersedes all previous agreements, promises, representations, whether written or
oral, between the City and Licensee with respect to thc subject matter of this Agreement.
8. Thc provisions of this Agreement are hereby declared covenants running with the
Licensee's property and are fully binding on all successors, hcirs, and assigns of Licensee
who acquires any right, title or interest in or to the Licensee's property or any par~
thereof. Any person who acqui/'es any right, title or interest in or to the Licensee's
property, or any part thereof, hereby agrees and covenants to abide by and fully perform
the provisions of this Agreement.
IN WITNESS THEREOF, the City and Licensee have cause this agreement to be
executed.
EXECUTED this. day of ,1998.
CITY OF COPPELL
By:
CITY MANAOER
NATIONAL CONVENIENCE STORES, INC.
By:
X
7047
MI~ __~6 '"gt~t 1~;53 FR NIJ;;WOLS ..TCK.~3H I)I_LRD 214 565 l~10 TO ~"~3;E)d,3S"~ P.OS/~?
STATE OF TEXAS §
§
§
COUNTY OF DALLAS §
ACKNOWLEDGMENT
This iasmunem was ac~.owledg¢ b~fo~ me oa this d~y of
· 1998, by .~arnes Witt, City Manager of the City of CoppeR, Texas, a
municipal corporation, on behalf of said municipality.
My Commission Expir~
170~7
~ 2~ '~t~ 14:$3 FR NIP"~JL$ J'O(SOH DLLRD 214 ~ 0010 TO
STATE OF §
§
§
COUNTY OF §
ACKNOWLEDGME1~
This instnnnent was acknowledge before me on this day of
· 1998, by of National Conven/ence
Stores, [nc., a Delaware Corporation on behalf of said corporation.
Notary public, Slate of
My Commission Expires
170~?