ST9802-CS 990409 (2) 255 Parkway Blvd
Coppell, TX 75019
Phone: (972)304-3679
Fax: (972)304-3570
ENGINEERING DEPARTMENT
FAX CO VER SHEET
To: Todd Jackson From: Kent Collins
F.,.: (zl.)~ ~- oo~5'..~.' q-cloclq Date: 4-9-99
Phone=. Page (:::f (including cover sheet)
Re: CC:
I'1 Urgent )~(For Review I'1 Please Comment [] Please Reply [] As Requested
IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL (972) 304-3679
Engineering- Excellence By Design
STATE OF TEXAS §
§ LICENSE AGREEMENT
COUNTY OF DALLAS §
TF!IS AGREEMENT is made by and between the City of Coppell, Texas, a municipal
corporation ("City") and National Convenience Stores Incorporated, a Delaware Corporation
CLicensee").
WHEREAS, City owns the right-of-way depicted in Exhibit "A" attached hereto and
incorporated herein for all purposes (the "City's Right-of-Way"); and
WHEREAS, Licensee desires to place, install and maintain a brick paver band/crosswalk
within the City's Right-of-Way as shown on the attached survey plat marked Exhibit "A" and
incorporated herein for all purposes; and
Wltq?~REAS, Licensee has requested the 'City to allow the use and occupancy of the
City's Right-of-Way for Licensee's brick paver band/crosswalk;
NOW THEREFORE, in consideration of the covenants contained herein, the parties
agree as follows:
1. City hereby grants Licensee a license to place, install and maintain a brick paver
band/crosswalk C'Improvement") within the City's fight-of-way being more particularly shown on
Exhibit "A" attached hereto and incorporated herein for all purposes.
2. Licensee agrees at its own cost and expense to install the Improvement and
maintain the Improvement in the same condition as originally installed. Further, Licensee has
submitted to the Building Official and Public Works Dh:ector of the City plans for the placement,
arrangement and installation of the brick paver band/crosswalk within the City's right-of-way for
their review and has received the City's approval of said plan~
3. The terms of this License shall commence upon execution by the City Manager and
shall remain in effect unless terminated by the City. The City shall provide thirty (30) days written
notice to the Licensee prior to the termination.
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 ~'om any liability or
damages the 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 removal of the
brick paver band/crosswalk within the City's right-of-way and such indemnification shall include
specifically indemnification for the negligence or ,Mllful conduct of Licensee, its agents, servants,
employees, contractors and customers adsing out of or in any way connected to the installation,
LICENSE AGREEMENT - Page 1 8817047
placement, use, maintenance, operation or removal of the brick paver band/crosswalk within the
City's right-of-way. Such indemnity shall extend and is in effect during the entire time the
Agreement is in effect.
6. This License is made expressly subject and subordinate to the right of the City to
use the right-of-way where the Improvement is located for any public purpose whatsoever. In the
event that the City shall, at any time subsequent to the date of this Agreement, and its sole
discretion, determine that the relocation or removal of the Improvement shall be necessary or
convenient for the City's use of the right-of-way, Licensee shall at its sole cost and expense make
or cause such removal or relocate said Improvement so as not to interfere with the City's use of
the right-of-way and shall restore said right-of-way to substantially the same condition it was prior
to the installation of the Improvement. A minimum of thirty (30) days written notice for the
exercise of the above action shall be given by the City and Licensee shall promptly commence to
make the required change as soon as possible or reimburse the City for the cost of such required
removal or relocation of the Improvement.
7. The validity of this Agreement, the construction and enforcement of its terms, and
the interpretation of the rights and duties of the parties shall be governed by the laws of the State
of Texas, and the exclusive venue of any action to enforce its terms shall lie in Dallas County,
Texas.
8. This Agreement constitutes the entire agreement between the City and Licensee
and supersedes all previous agreements, promises, representations, whether written or oral,
between the City and Licensee with respect to the subject matter of this Agreement.
9. The provisions of this Agreement shall be binding upon and inure to the benefit of
the executing parties and their successors, heirs, and assigns. Any person who acquires any right,
title or interest in or to the Licensee's property, or any part thereof, adjacent to the Improvement
hereby agrees to abide by the provisions of this Agreement regarding the maintenance of the
Improvement and indemnification of the City.
10. This Agreement may not be assigned by the Licensee without the prior Written
consent of the City, not to be unreasonably withheld. In the event, that Licensee sells its entire
property adjacent to the Improvements, this Agreement shah run with the land.
11. The recitals and exhibits are incorporated herein.
IN WITNESS THEREOF, the City and Licensee have cause this agreement to be
executed.
LICENSE AGREEMENT - Page 2 sszvo47
EXECUTED this 4 day of March ,1999.
CITY OF COPPELL
By'
Y MANAGER
NATIONAL CONVENIENCE STORES,
INCORPORATED, a Delaware Corporation
B~ne-~~~5
LICENSE AGREEMENT - Pa~e 3 sslTe4?
CITY'SA~OWLEDG~
STATE OF TEXAS §
COUNTY OF D~LTAS §
This instrument was acknowledged before me on the 4day of March , 1999
by Jhn Witt, City Manager of the City of Coppell, Texas, aL~.~~ ' ' ' , said
Notary tare of exams"
My Commission Expires:
/ '/
LICENSE AGI~h":h'MENT - Page 4 ss17o47
LICENSEE'S ACKNOWI-EDG~NT
STATE OF '7"-e~ ~ 5 §
COUNTY OF ~-~ ~ ~ .o~ §
This instrument was acknowledged before me on the 25th day of March ,1999
by l~ d ~-~ ,.¢ ~,:-~ U ~ e.~ P pe_g :,g~ t,,'-7 of National Convenience Stores,
Incorporated, a Delaware corporation, on behalf of said corporation.
~blic, SLtz~X]'~te
My Commission expires:
LICENSE AGREEMENT- Page 5 sstTo47
Exhibit "A"
CONSTRUCT 5' WIDE I CONST.
CONCRETE WALK PER 6"C
CITY STDS.
CONSTRUCT CONCRETE-- I ...
RETAINING WALL -.
n
rr
SAWCUT &:REMOVE <3:: 1'
EXIST. CONC. CURB '->
& PAVEMENT ILl ,
_1
CONSTRUCT STD.
CITY OF COPPELL I:Z: ""' 8'
DRIVE APPROACH. ::::)
INSTALL BRICK PAVER '-r"' Right-of-Way
SIDEWALK PER CITY I... o
OF COPPELL STD. DETAILS. CI::
CONSTRUCT LAY-DOWN <3:: a..
CURBS FOR BARRIER
FREE RAMPS @ WALK.
Right-of-Way
o
CONSTRUCT 5' WIDE '
CONCRETE WALK PER
CITY STDS.
I ss
.- MH
..o
)RNER
EXIST. SIGN TO BE
RELOCATED
SANDY LAKE ROAD
I inch = 20
NCS
National Convenience Stores Incorporated
Joe Clark
Senior Real Estate Representative
March 27, 1999
Mr. Michael A. Martin, P.E.
Assistant City Engineer
City of Coppell
255 Parkway BIrd.
Coppell, Texas 75019
Re: Stop n Go Market No. 2084
1000 East Sandy Lake Road
License Agreement
Dear Mr. Martin:
I have attached the executed License Agreement for your handling. I would appreciate a copy of this
document once it had been recorded.
Since this is the last document needed to complete the project, I would like to thank you for all your
help and assistance you provided us in getting the curb cut approve&
If you have any questions, please give me a call.
Sincerely,
Joe Clark
Senior Real Estate Representative
Cc: Gary Rosa
Tom Austin
Doug Miller
Ken Baca
Real Estate Officc
9702 !~rockln~nk Dallas, Texas 75220: 214/902-1627 Fax: 2141.t'i7-7512
March 16, 1999
I.
Joe Clark, Sr. Real Estate Representative
National Convenience Stores Incorporated
9702 Brockbank
Dallas, TX 75220
R_E: Stop n Go Market, 1000 East Sandy Lake Road/License Agreement
Dear Mr. Clark:
Enclosed are two original License Agreements for the brick paver band located
in the right-of-way of MacArthur Blvd. for the west driveway to the referenced
Stop n Go Market. Please execute the License Agreement and remm one
original to me at P.O. Box 478, Coppell, Texas 75019.
Thank you for your assistance and if you have any questions please give me a
call at 972/304-3679.
Sincerely,
Michael A. Martin, P.E.
Asst. City Engineer