ST9801-CS000313ED
2143523201
2143523201; Mar-1/"~0 7:58AM;
BELL CONSTRUCTION COMPANY
P.O. BOX 540787
DALLAS, TX 75354-0787
Page 1
FACSIMILE TKAN$MITTAL SHEET
FAX NUt~DEK; "
[q~ 304-
PHONE' ~411EK;
TOTAL NO. OP PAGF. S INCLUDING COYEII~
'~ENDiR'S ~[~=ERENCE NUMIER:
[] URGENT [] POK KI~V IEw [] PLL~S E COMMENT E] PLEA,~I REPLY {3 PLEASE RECYCLE
NOTESICOM
(214) 358-6551 VOICE
(214))52-3201 FAX
II
,Sent,
EBCC;
2143523201; Mar-13-O0 7:58AM;
Page 2
Match 9, 2000
PROPERTY USE LICENSE AGREEMENT.
The owner of the subjeot property (hereinafter referred to as "Licensor") hereby agrees to
permit, authorize, and license to Ed Bell Construction Company (hereinafler referred to as
"Licensee") the use of approximately one-quarter of an a~re of the p/op~y located on the West side
of Coppell Road between Westminster Way and Parkway Boulevard in Coppell, Texas. The
property will be utilized solely to construct and utilize a detour around the proposed multi-barrel box
culvert located near station 26+00, as detailed in the City of Coppelrs construction plans for the
reconsh~tion of Coppell Road between SWde Highway '121 and Sandy Lake Road. Attached to this
Property Use License Agreement are copies of a schematic plat (Enclosure 1) and of detour sketches
(]~nclosure 2) for descriptive purposes to more fully describe the g~neral location of the prope~y
subject to this License. As consideration for this License Agreement, Livensee will:
(1)
pay Licensor, the sum of Seven Thousand Two Hundred Dollars ($7,200.00) due and
payable to William F. Callejo, Trustee, on the date of this License Agreement and
prior to Licensee's entry upon the premises;
(2)
relocate the fence along the length of the detour parallel to existing Coppell Road and
assure its integrity as a cattle enclosure;
(3) strip the top ,,,oil in the area to receive the detour;
(4) construct the asphalt detour;
(5) upon termination of the detour, remove the detour;
(6) replace the top soil and re-grass the disturbed area; and
(7) rclocatc the fencc to its final location along the Licensor's property lhxc.
This Property Use License Agrccmcnt shall extend for a period of three months following
payment of the Seven Thousand Two Hundred Dollars ($7,200,00) consideration specified
Prior to Liccnsce's entry upon the premises and prior to any entry of Licenseds
subcontractors, agents, or employees, Licensee shall providc and deliver to William F. Callcjo,
Trust~, an insunuwc certificate naming William F. Callcjo, Trustee as a certificatc holder and as
an additionally insured with rcgard to the commercial general liability policy and the excess liability
umbrella policy. The commercial general liability policy shall have limits of coverage in the
following amounts:
GcncraYAggrcgate
Products-Complctcd Operations Aggrcgate
Personal and Advertising Injury
Each Occurrence
Combined Single Limit
$2,000,000
$2,000,000
$1,000,000
$1,000,000
$1,000,000
,Sent. By: EBCC;
;
2143523201; Mar-13-O0 7:59AM;
Page 3/7
The excess liability umbrella policy shall have limits of liability of $I0,000,000 for each
occurrence and aggregate $10,000,000.
The insurance certificate shall also evidence Licensee's covensge by a workers' compemation
policy with the statutory limits of coverage, and an employer's liability policy with a limit of
coverage in the mount of $500,000. The workers' compensation policy shall have a waiver of
subrogation which applies in favor of the certificate holder, William F. Ca!lejo, Trustee. Licensee
shall procure and pay for all insurance provided pursuant to the terms of this License Affreement.
Licensee agrees that during the term of this License AIg'eement, and for so long as Licensee
occupies the licensed premises, Licensee shall be solely responsible to Licensor for any and all
hazardous waste, or toxic substances as defined by Applicabl¢ Bnvironmental Laws, brought on
stored, discharged, spilled, or released on the licensed premises during Ih~: term of this License
Ageement, or for so long as I,icensee occupies the licensed premises. Applicable Environmental
Laws shall mean for the purposes of this agreement: (i) the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and
Reauthorization Act of 1986, (ii) the Resource Conservation and Recovery Act of 1976, as amended
by the Used Oil Recycling Act of 1980, thc Solid Waste Disposal Act Amendments of 1980, and the
Hazardous and. Solid Waste Amendments of 1984, (iii) the Spill Compensation and Control Act,
and (iv) any and all other federal, state, county, city, or municipal environmental or health laws,
rules, regulations. ordci~, or ordinances applicablc to the lic~-nsed premises~ Licensee further al]Ees
not to permit the licensed property to be in violation of any Applicable Environmental Laws.
Grantor will further not do or permit anything to be done which will subject the licensed premises
to any remedial obligations under any Applicable Environmental Laws. Lieeusee agrees that it will
defend, indemnify, and hold Liceuser its successors and assigns, agents and employee,
harmless from and against any and all claims, demand, came of actions (including cause of
action of negligence and strict liability), loss, damage, fine, penalty, liabilities, costs, and
expense (including attorneys fees and court costs) asserted against or incurred by Liceriser
at any time by reason of or arising out of the violation of any Applicable Environmental Laws
by Licensee, or by reason of or arising oat of the storage, discharge,. release, and/or sp~l of
hazardous wastes or toxic substances by Licensee on the licensed premises. Should any clean-
up, rcmediation, or removal of hazardous substance arise after the termination oft his License
Agreement because of violation of any Applkable Environmental Laws by Licensee or because
of the storage, discharge, release, or spill of hazardous substances or toxic wastes by Licensee,
it is understood and agreed that such clean-up, removal, or remedintion shall be the
responsibility of and shall be performed at the sole cost and expense of Licensee.
Entered into this
Williron F. Callejo, ee
4314 N. Central Expressway
Dallas, TX 75206
Tel: 214-742-6585
Fax: 214-826-5900
day of March. 2000.
Ed Bell Co,as. ..~ mpany
By: '~~_~.
3 , ]P~esidcnt
s Boulevard
Tel: 214-358-6581
Fax: 2t 4-352-3201
G:~clirat~,~ n CXBI~iLL~Copp~|I',Pn~-ty Use License Agrecn'tmLwpd
2
, ~03/08/00 LS:OO FAX 214 ~.'2530
2143523201; Mar-13-00 8:03AM; Page 7/7
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Zd Bell Conetne~t~ Co.
P. O. i~ 540787
Dalles, TX 75354-0787
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williamF. callejo, Truetee
4314 No=th Cent=al Sxl:,resmway
Dallas, Texas 75206