Kimbel Addition-CS 980821 NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
~o~m ~ mu~ao ~ Attorneys & Counselors at Law ~OHN F. ROEHM Ill
ROBERT E. HA(3ER 1800 Lincoln Plaza JASON C. MARSHALL
PETER G. ~vlfTH J. DAVID DODD III
DAVID M. BERMAN 500 North Akard
BRUCE A. m'OCKARD Dallas, Texas 75201 RoeEm' L. DILLARD, JR.
(214) 965-9900 H. LOUTS N~CHOLS
Fax (214) 965-0010 LAWRENCE W. JACKSON
E-mail NJDI-IS @ NJ-DHS.com o~ CO~SEL
August 21, 1998
Mike Martin, P.E.
Assistant City Engineer
City of Coppell
P.O. Box 478
255 Parkway Blvd.
Coppell, Texas 75019
Re: License Agreement
Dear Mike:
Please find enclosed a revised License Agreement regarding the brick paver
band/crosswalk along McArthur Blvd. I have highlighted the pertinent revisions in the
Agreement. Please forward to the Licensee for its review.
As for Mr. Clark's inquiry in his July 20, 1998 letter regarding termination of the
License Agreement, it is my understanding that the driveway pavers have already been
installed by the Licensee. If this is the case, then a subsequent termination by the City
does not affect the requirements of the driveway pavers. The driveway pavers will
remain as long as the City desires them.
If you have any questions, please call me.
Vex3· truly yours,
NICHOLS, JACKSON, DII~LARD,
&~MIT~" L'L"~
John F. Roehm, III
JFR/mmf
Enclosure
20331
STATE OF TEXAS §
§ LICENSE AGREEMENT
COUNTY OF DALLAS §
THIS AGREEMENT is made by and between the City of Coppell, Texas, a
municipal corporation ("City") and National Convenience Stores Incorporated, a
Delaware Corporation ("Licensee").
WHEREAS, City OV~TtS 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
WHEREAS, 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 ("Improvement") within the City's right-of-way being more particularly
showm 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 Director 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 plans.
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 wxitten 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 from 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
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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 willful
conduct of Licensee, its agents, servants, employees, contractors and customers arising
out of or in any way connected to the installation, 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 Cio,'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 **'aa' 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 CiO'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 CIO,'.
10. This Agreement may' not be assigned by the Licensee without the prior written
consent of the City.
1 l. The recitals and exhibits are incorporated herein.
IN WITNESS THEREOF, the City and Licensee have cause this agreement to be
executed.
EXECUTED this __ day of ,1998.
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CITY OF COPPELL
By:
CITY MANAGER
NATIONAL CONVENIENCE STORES,
INCORPORATED
By:
VICE PRESIDENT
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STATE OF TEXAS §
COUNTY OF DALLAS §
ACKNOWLEDGMENT
This instrument was acknowledge before me on this da3' of
, 1998, by James Witt, City Manager of the City of Coppell, Texas. a
municipal corporation, on behalf of said municipality.
Notary public, State of Texas
My Commission Expires
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STATE OF §
COUNTY OF §
ACKNOWLEDGMENT
This instrument was acknowledge before me on this day of
, 1998, by of National Convenience
Stores, Incorporated, a Delaware Corporation on behalf of said corporation.
Notary public, State of
My Commission Expires
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