Kimbel Addition-CN 990304'* '" RECEIVED
HAY 2 0 1999
S~TE O~ TEXAS§ CITY SECRETAI~,
§ LICENSE AGREEMEI~T~ OF COPPLr~ :t ~,
country o~ DALLAS § 04/07/.
Deed
THIS AGREEMENT is made by and between the City of Coppelt, Texas, a municipal
~orporation ("City") nflcl National Convenience Storcs In~o~o~atcd, a Delaware Co~poration
WHEREAS, City owns the risht-ot'-way depicted in Exhibit "A" attached hereto and
incorporated herein for all purposes (the "City's Right-of-Way"); and
WHEREAS, Liccnsc~ desires to place, install and nudnt~ a brick paver band/crosswalk
within thc City's Right-of-Way as shown on thc attached survey plat mark~ P. xhibit "A" and
incorporated herein ~*or 811 purposes; and
WHEREAS, Licensee has requested the City to a/low the use and occupancy o~ thc
City's Right-of-Way for [.icensec's brick paver band/crosswalk;
NOW '['I~'.~FORE, in consideration or' the covenants contained herein, the parties
agree as follows:
1. City hereby grants Licensee a liccns~ to place, install and maintain a brick paver
band/crosswalk ("Improvement") within the City's riSht-ot'-way bcL~g more particularly shown on
£xMbit "A" attached hereto and incorpo~Lted herein for ail purpose, s.
2. Licensee agrees at its own cost and expense to install the Improvement and
maintain the Improvement in the same condition as originally installed, l~m-th~, Licensee has
submitted to the Building Offici~d and Public Works Di£ector o£ the City plans £or the placement,
afl'angcment and installation or'the brick paver band/crosswalk within the City's right-ot'-way
their review and has rcccivcd thc City's approval or'said pl~
3. The tel~ns o£this License shall commence upon execution by thc C~ty M~magcr and
shall remain in ciTcct unless terminated by thc City. Thc City shall provide thifly (30) days written
notice to the License~ prior to thc termination.
4. Licensee agrees to abide by and bc governed by all laws, ordinances and
£cgulations ot' any and all governmental ¢fltitics having jurisdiction over thc Licensee.
$. Licensee agrees to indemni~y and hold harmless the City ~om any liability
damages the City may suff*e~ as a result of* any claims, demands, suits, judgment, costs o~
expenses, including expense or' litigation, court costs and attorney tees, afisin8 out of or in an),
way connected with the installation, placement, use, maintenance, op¢~Ltion, or removal o£ thc
brick paver band/crosswalk within thc City's fight-of-way and such ifldcnudfication shall include
specifically indemnification t'o~ the negligence or ~villfui conduct or' Li¢cflscc, its agents, scrvaflts,
cmployccs, contractors and customers arising out or' or in any way connected to thc installation,
UCSNSS ^~s~-~'~ ~ 9 9 0 6 7 ~ 8 5 9 2
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 enforcemem of its terms, and
the interpretation of the fights 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 shah lie in Dallas County,
Texas.
g. 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 ofthis 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 oftbe City.
10. This Agreement may not be assigned by the Licensee without the prior written
consent of the City, not to be unreasomtbly withheld. In the event, that Licensee sells its entire
property adjacent to the Improvements, this Agreement shaH run with the land.
11. Thc recitals and exhibits arc incorporated herein.
IN WITNESS THEREOF, the City and Licensee have cause this agreement to be
executed.
LICENSE - Page 2 9 9 0 6 7
CITY OF COPPELL
By: /~~
° ~'ITT, CITY MANAGER
NATIONAL CONVENIENCE STORES,
INCORPORATED, a Delaware Corporation
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
by ~'un Witt, City Manager of ~e CiW of Copp~ Te~, a T~m~p~, on ~ of ~d
No~ ~b~ S~e of.
My ~~on E~:
/~/f/~./7/
",
LICENSE AGREEMENT- Pago 49 9 0 6 7
LICenSEE'S ACKNOWleDGMeNT
STATE OF '-~ '~ ~
CO~ O~ ~ ~ ~ ~'
~s ~mmem w~ ~owledged b~ore me on the day of ~ ~ & ,19~
by ~d~~:~ ~ P~:d~ of N~ion~ Conv~ Stores,
h~orat~, a Delaw~e ~o~tio~ on ~h~ of ~d eo~omtion.
~c, State of
My Co~ion ~pires:
' ~ U~~i I~H
uc.-~s~ AO~- Va~e S 9 9 0 6 7 ~J 8 5 9 6
' CONST.
, ~ 6"CURB'-~X
coNSTRUCT .5.. ,W'~'-'--'""-~ , ._ ,
cONCRETE WALI~ ~-'r..~
.... ~E ~ '" ''
TRUCT CONC~ ~- '
ONS
C .
R~AINING WALL ~ '~ ' ,
~ MUv~
SAWCUT & ~
FIST CONC. CURB
o ' i
TRUCT S~D, . ~.. ·
CONS L
F CoPPEL
DRIVE Aww~m~ ' ~::':'
ALK PER C,,,
SID~__ TAILS ~ m ~~'
LL STD. DE
OF COPkE
CONSTRUCT ~%~ggEN u
CURBS FOR B6R~]~,
FREE RAMPS ~ w~L~'
CONSTRUCT 5' WIDE'
CONCRDE WALK PER .
· ~~ '~
EXIST.
RELOCATED
~ SANDY LAKE ROAD
~ 99067 08597
t tach = 20
86 SFJ r, Z9066
FILED
99 APR -? PH 3: l~ I
E/-,,iiL '"" '
COUNTY CLERK
DALLAS COUNTY