ST0001-CS010830 (2) 972 361 6~300
_ 08'30~'01 16:33 FAX 972 361 6800
D- "ke
DUKE REALTY CORPORATION ~]001
ooo I
Fax
Number of Pages Attached (including cover) 5
Date: 8/30/2001
To: ~ame Suzan Taylor
T~/e C.I.P. Coordinator
Co~,~y City of Coppell
Phone: (972) 304-7019
Fax: (972)304-3570
Phone:
Fax:
Message:
Brook Barefoot
Development Services manager
Duke Rea~ corporation
(972)361-6714
(972)361-6800
SLtzan,
As we discussed a few minutes ago on the telephone, please find attached an easement agreement
our legal department has proposed in response to your request for access to our property in
connection with the city's construction plans for Freeport Parkway and Creekview Drive.
I am still working on creating the exhibits, but I wanted to forward this to you for your information.
Sincerely,
Brook Barefoot
__~_8/30/01 16:33 FAX 972 361 6800 DUKE REALTY CORPORATION ~002
TEMPORARY EASEMENT, RIGHT OF ACCESS AND ENTRY AGREEMENT
THIS TEMPORARY EASEMENT, RIGHT OF ACCESS AND ENTRY AGREEMENT
("Agreement") is entered into as of the day of ., 2001 by and between TEXAS
· ' hi "Grantor"), and the CITY OF
DUGAN LIMITED PARTNERSHIP, a Delaware lm~ted partners p (
COPPELL (" Grantee").
WHEREAS, Grantor is the owner of certain laud known as ~ A, Duke-
Freeport Addition. Coppell, Dallas County, Texas more particulariy described on Exhibit "A' attached
hereto and incorporated herein by reference (the "Dugan Property"); and
WHEREAS, Grantee is performing a road improvement project in the publicly dedicated rights-
of-way adjacent to the Dugan Property consisting of the construction of approximately 2800 linear feet
of a new four-lane undivided roadway to be known as Creekview Drive immediately adjacent to the
Dugan Property on its Western boundary, the reconstruction of approximately 500 linear feet of
Freeport parkway adjacent to the Dugan Property on its nortbem boundary to convert such portion from
a two lane roadway into a four lane roadway, related drainage improvements, sidewalks, ramps, and the
installation of approximately 2800 linear feet of 12 inch water line and 500 feet of 8 inch water line (alt
of the improvements described in this paragraph shall be collectively referred to as the "Roadway
Improvements"); and
WHEREAS, in connection with its construction of the Roadway Improvements, Grantee desires
to utilize a portion of the Dugan Property for the purpose of constructing temporary side slopes and for
other temporary construction purposes.
NOW, THEREFORE, in consideration of the foregoing recitals, Ten and no/Dollars ($10.00), the
execution of this Agreement by the parties, the mutual covenants and agreements contained herein, and
for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
1. Temporary Access Easement. Grantor hereby grants and conveys to Grantee, a
temporary non-exclusive access easement on, over and across that portion of the Dugan Property
shown by cross-hatching on Exhibit "B" attached hereto and incorporated herein by reference (the
"Easement Area") for the purpose of the construction of temporary slopes needed in connection with
construction of the Roadway Improvements, including the right to move equipment necessary for
such slope construction into the Easement Area, and all ingress and egress rights onto the Easement
Area necessary for the construction, use, maintenance and repair of the slope above described.
Grantee shall be responsible for repairing any damage to the Easement Area or the Dugan Property
caused by Grantee, its employees, agents, contractors, subcontractors or invitees. This temporary
access easement shall commence on October 1, 2001 and shall expire and terminate for all purposes
and without further action on the party of Grantor or Grantee on the earlier to occur of (i)
completion of the Road Improvements by Grantee, or (ii) December 31, 2002.
2. Conditions and Obligations.
(a)
Grantee's use of the Easement Area shall be strictly limited to the purposes
described in Paragraph 1 of this Agreement. No other use shall be
permitted or maintained upon the Easement Area, no building or other
structure shall be placed upon the Easement Area, nor shall the Easement
Area be used as a staging area for Grantee's activities.
08/30(01 16:34 FAX 972 361 6800 DUKE REALTY CORPORATION ~003
(b) Grantor reserves all right, title and interest in and to the Easement Area
incident to the fee simple estate thereof, and for any and all purposes not
inconsistent with Grantee's use of the Easement Area as expressly
permitted herein.
(c) All construction shall be in a good and workmanlike manner in accordance
with all applicable roles, laws, ordinances and regulations. All work shall
be performed in a lien free manner and Grantee, immediately upon notice
thereof, shall remove any liens on the Easement Area resulting from
Grantee's construction as described herein.
(d) The easements herein may be utilized by Grantee's contractors, agents and
employees in connection with the construction work to be undertaken in
accordance herewith.
3. Surrender of the Easement Area.. Upon the expiration or earlier termination of this
Agreement, Grantee shalJ immediately cease all activities in the Easement Area, remove all equipment
and personal property from the Easement Area and promptly repair any damage caused to the Easement
Area or the Dugan Property by Grantee's access to, entry upon or use of the Easement Area to the
condition existing upon the date hereof. Such restoration obligation shah include, without limitation,
restoration of all sod, shrubbery and plants which were removed or disturbed during the construction of
the Road Improvements. If Grantee fails to restore the Easement Area or the Dugan Property as
provided herein, Grantor may restore the Easement Area or the Dugan Property, as the case may be, to
such condition at Grantee's expense, Grantor may cause all of said personal property of Grantee to be
removed at Grantee's expense, and Grantee hereby agrees to pay all the costs and expenses, including
attorney's fees incurred by Grantor in connection therewith or in the enforcement hereof. All Grantee's
property which is not removed within ten (10) days following Grantor's written demand therefor shall
be conclusively deemed to have been abandoned by Grantee, and Grantor shall be entitled to dispose of
such property at Grantee's cost without thereby incUrrmg anY liability to Grantor. The provisions of
this section shah survive the expiration or other termination of this Agreement.
4. Indemnification and Insurance. Grantee shall defend, indemnify, and save harmless
Grantor, its employees, agents and aff'fliates from and against any and all liability or claims, whether for
injury to persons, including death, or damage to property (i) arising out of or relating in any way to
Grantee's, its employees', agents' an affiliates' access to, entry upon and/or use of the Easement Area, or
(ii) arising out of any default hereunder. During the term of this Agreement, Grantee shall maintain, at
its expense, liability insurance covering bodily injury, death and property damage with respect to, or
arising out of, Grantee's activities on the Easement Area; such liability insurance shall have coverage
limits of not less than One Million Dollars ($1,000,000.00) for death or bodily injury and Five Hundred
Thousand Doll,s ($500,000.00) for property damage of any one occurrence. Grantee shall furnish
Grantor with Certificates of Insurance evidencing all required coverages within five (5) business days
after the execution of tins Agreement. If Grantee fails to carry such insurance and furnish Grantor with
such Certificates of Insurance, Grantor may, at its option, immediately terminate this Agreement or
obtain such insurance and collect the cost thereof from Grantee.
5. Grantur's Rights. Grantor shall have the right to enter onto and use the Easement
Area and to grant easements in, on, under and across the Easement Area to parties other than
Grantee at any time during the term of this Agreement.
F:XDALLAS CONSTRUCTIONXDevelopment ServicesXProjects~Freeport North @ Freeport Parkway (Freeport East)~Cit~ Issues\City of
Coppell Temp. Access Agrmt.doc
-2-
~§:34 FAX 972 361 6800 DUKE REALTY CORPORATION ~004
08/30/~01
6. Successors and Assi s. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, administrators, personal representatives,
successors and assigns. All obligations of the parties hereunder shall be binding upon their
respective suceessors-in-title and assigns; provided the covenants and obligations herein are only
personal to and enforceable against the parties hereto or their successors-in-title, as the case may be,
owning title to the respective properties at the time any liability or claim arising under this
Agreement shall have accrued; it being intended that upon the conveyance of title by a party, the
party conveying title shall thereupon be released of any liability hereunder as to the property
conveyed for any breach of this Agreement or claim arising under tkis Agreement accruing after the
date of such conveyance.
7. Time of Essence. Time is of the essence in this Agreement.
8. Governing_.~_.~_~w. This Agreement is governed by and shall be construed in
accordance with the laws of the State of Texas.
9. Entire A~reemeut. This Agreement constitutes the entire agreement between the
parties and understanding between Grantor and Grantee relating to the subject matter hereof and
may not be amended, waived or discharged except by instrument in writing executed by the party
against which enforcement of such amendment, waiver or discharge is sought.
t0. SeverabilJtv. The validity of any one of the covenants, agreements, conditions or
provisions of this Agreement or any one of the covenants, agreements, conditions or provisions of
this Agreement or any portion thereof shall not affect the remaining portions thereof or any part
thereof and this Agreement shah be construed as if such covenant, agreement, condition or provision
had not been inserted herein.
[Signatures on Next Page]
_08/30/01 16:35 FAX 972 361 6800 DUKE REALTY CORPORATION ~005
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first above written.
GRANTOR:
TEXAS DUGAN LIMITED pARTNERSHIP, a Delaware limited partnership
By:
DUGAN GENERAL pARTNER LLC, a
Delaware limited liability company, its general partner
By: DUGAN TEXAS LLC, a Delaware limited liability company, its sole member
By: DUKE REALTY LIMITED PARTNERSHIP, an
Indiana limited partnerskip, its Manager
By:
DUKE REALTY cORPORATION, an
Indiana corporation, its general partner
By:
Name:
Title:
GRANTEE:
CITY OF COPPELL
By:
Name:
Title:
F:kDALLAS CONSTRUCTIONkDevelopment ServicesXPtojects~Freeport North @ Freeport Parkway (Freeport East)\City Issues\City of
Coppell Temp. Access Agrmt.doc