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Park 'N Fly-CS 950308 C A T E L L U S March 8, 1995 .~ Mr. Mike Daniel Nathan D. Maier 8800 N. Central Expy. Ste. 300 Dallas, TX 75231 RE: Drainage Easement Gateway Business Park Coppell, Texas Dear Mr. Daniel: As discussed in our recent telephone conversation, Catellus will require some revisions to the easement agreement as a result of the substitution of Park 'N Fly, Inc. as Grantee. These revisions are indicated on the attached. Also, we discussed our preference that improvements on our property be installed so as to minimize future demolition costs. You indicated that you will discuss alternatives to the headwall with the City of Coppell. Please call me if you have any questions. Sincerely, (~na§er, ces JPG/kn cc: Ken Griffin ~enc. Pat Acker ~enc. F/151-A01 030895L1 /john CATELLL:$ [)EVELOPMENT CORPORATION I~OO ~NTERNATIONALE ~ARK\V..\¥, ~.L'ITE IOO · ~'OODRIDGE. ~LL:NOI$ A,~;-~.~ · TEL -~cq.~ c)72o2q~O, FAX -.~q,~, t}T2-2~l5. TEMPORARY DRAINAGE EASEMENT STATE OF TEXAS ] ] KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS ] THAT, Catellus Development Corporation, a Delaware Corporation, known herein as GRANTOR, in consideration of the sum of One and no/10({ Dollars ($1.00) and other good and valuable consideration in hand paid by Park 'N Fly, Inc., a Delaware Corporation, known herein as "GRANTEE", receipt of which is hereby acknowledged, does by these presents grant, bargain, sell and convey unto GRANTEE, the free, uninterrupted and nonexclusive use, liberty and privilege of passage in, along, upon, under and across the following described property owned by GRANTOR (the "Easement Strip") for the sole and limited purpose of constructing and maintaining within the Easement Strip, at GRANTEE's sole cost, storm sewer pipe, headwails and temporary swales (the "Drainage System") for surface water drainage, with the right and privilege at all times of the GRANTEE herein, its agents, employees, workmen and representatives having ingress, egress, and regress in, along, upon and across the Easement Strip for the purpose of making repairs to said Drainage System or any part thereof. Said Easement Strip being described in Exhibits "A" and "B" attached hereto and made a part hereof for all purposes. That in consideration of the benefits above set out. GRANTEE, prior to any conslruction work within the easement strip, will remove from the easement strip such fences, buildings and other obstructions as may be found upon or within the Easement Strip. After construction of the Drainage System has been completed by GRANTEE, at GRANTEE's sole cost, or after any entry for repairs or maintenance, GRANTEE shall, except for removed obstructions, return the surface area of the Easement Strip to its original condition as nearly as practicable. GRANTOR reserves the right to use and maintain the surface of the Easement Strip for any purposes which will not unreasonably interfere with GRANTEE's rights hereby granted and agrees that upon completion of the construction of the Drainage System and restoration of the surface by GRANTEE, GRAHTEE shall not be obligated for future itlla~l~s~ [ mow±ag x~lm~xof the surface of the Easement Strip. This easement is only temporary in nature and shall immediately become void upon the date of me construction of permanent drainage improvements intended to replace the temporary swales discussed herein. Upon any such termination, Grantee,~._all promptly execute such documents as may be necessary to release and vacate this temporary easemenL ~ , or its successors or assigns, I TO HAVE AND TO HOLD unto the GRANTEE. its successors or assigns for the purposes aforesaid, the premises above described. GRANTOR, its legal representatives, successors and assigns, hereby expressly reserves the right to grant other easements, licenses, leases, and/or fights-of-way over. under, upon and across the Easement Strip for any purposes which will no~_nterfere with GRANTEE's rights hereby granted. ~unreasonablyl GRANTEE shall submit drawings for GRANTOR's approval prior to proceeding with any construction or repair work. which approval shall not be unreasonably withheld or delayed. GRANTEE agrees to comply with all federal, state and local laws and regulations, including those relating to environmental protection, with respect to improvements made by GRANTEE to the Easement Strip.~Insert AI The grant of this temporary easement is expressly made subject to all existing contracts, leases, liens, easements, rights-of-way, taxes, restrictions, licenses, covenants, conditions, reservations, encumbrances, and other rights which may affect the Easement Strip, and all matters a current survey or visual inspection of the Easement Strip or surrounding area would disclose. EXECUTED this day of .1995. PARK 'N FLY, INC. CATELLUS DEVELOPMENT CORPORATION By: By: Its: Its: GRANTEE GRANTOR Insert A Grantee agrees to indemnify and hold Grantor harmless from any claim of damages to person or property resulting from the use,-occupancy, construction or maintenance of the Easement Strip by Grantee.