Villages of C P3-AG040116 (2)STATE OF TEXAS §
COUNTY OF DALLAS §
1.372774
LICENSE AGREEM~04
$30.00
THIS AGREEMENT is made by and between City of Coppell, Texas (hereinafter
referred to as "CITY") and Haiyen Liao (hereinafter collectively referred to as "LICENSEE")
acting by and through their authorized representatives.
WITNESSETH:
WHEREAS, LICENSEE own the real property improvements located at 928 Brentwood
Drive and being more particularly described in Exhibit "A', attached hereto and incorporated
herein as set forth in full; and
WHEREAS, LICENSEE desires to fence (hereinafter referred to as the
"IMPROVEMENTS") and utilize the ten-foot City right-of-way easement for Deforest Road
dedicated with the final plat of Villages of Coppell Phase IIIB, Volume 92218, Page 3565, as
shown on the attached plat marked Exhibit "B" and map marked Exhibit "C" and incorporated
herein for all purposes; and
WHEREAS, LICENSEE has requested the CITY allow the use and occupancy of the
easement for LICENSEE IMPROVEMENTS;
NOW THEREFORE, in consideration of the covenants contained herein and other
valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
I. Purpose: CITY hereby grants LICENSEE an irrevocable license, for the purpose of
fencing and maintaining the City right-of-way easement (the "PERMITTED
IMPROVEMENTS") and being more particularly depicted on the plat marked Exhibit "B" and
map marked Exhibit "C" attached hereto and incorporated herein for all purposes. With the
exception of the fence, no permanent structures shall be allowed within the City right-of-way
easement.
2. Term: The term of this License shall be perpetual, subject, however, to termination by
the CITY as provided herein.
3. Non-exclusive: This License is nonexclusive and is subject to any existing utility,
drainage or communications facilities located in, on, under or upon the easement or property
owned by CITY, any utility or communication company, public or private, to all vested rights
presently owned by any utility or communication company, public or private for the use of the
CITY easement for facilities presently located within the boundaries of the easement and to any
existing lease, license, or other interest in the easement granted by CITY to any individual,
corporation or other entity, public or private.
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4. Environmental Protection: LICENSEE shall not use or permit the use of the property
for any purpose that may be in violation of any laws pertaining to the health of the environment,
including without limitation, the comprehensive environmental response, compensation and
liability act of 1980 ("CERCLA"), the resource conservation and recovery act of 1976
("RCRA"), the Texas Water Code and the Texas Solid Waste Disposal Act. LICENSEE warrant
that the PERMITTED use of the property will not result in the disposal or other release of any
hazardous substance or solid waste on or to the property, and that it will take ail steps necessary
to ensure that no such hazardous substance or solid waste will ever be discharged onto the
property or adjoining property by LICENSEE. The terms "hazardous substance and waste" shall
have the meaning specified in CERCLA and the term solid waste and disposal (or dispose) shall
have the meaning specified in the RCRA; provided, however, that in the event either CERCLA
or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader
meaning shall apply subsequent to the effective date of such amendment; and provided further, at
the extent that the laws of the State of Texas establish a meaning for hazardous substance,
release, solid waste, or disposal which is broader then that specified in the CERCLA or RCRA,
such broader meaning shall apply. LICENSEE shall indemnify and hold CITY harmless against
all costs, environmental clean up to the property and surrounding CITY property resulting from
LICENSEE' use of the property under this License.
5. Mechanic's liens not permitted: LICENSEE shall fully pay all labor and materials used
in, on or about the property and will not permit or suffer any mechanic's or material man's liens
of any nature be affixed against the property by reason of any work done or materials furnished to
the property at LICENSEE' instance or request.
6. Duration of License: This License shall terminate and be of no further force and effect
in the event LICENSEE shall discontinue or abandon the use of the PERMITTED
IMPROVEMENTS or in the event LICENSEE shall remove the PERMITTED
IMPROVEMENTS from the property or upon termination by CITY whichever event first occurs;
or, in the event that the City abandons the property depicted as an easement on Exhibit "B", then
this agreement shall be of no further effect.
7. Compliance with laws: LICENSEE agree to abide by and be governed by all laws,
ordinances and regulations of any and all governmental entities having jurisdiction over the
LICENSEE.
8. Indemnification: LICENSEE shall defend, protect and keep CITY forever harmless and
indemnified against and from any penalty, or any damage, or charge, imposed for any violation of
any law, ordinance, rule or regulation arising out of the use of the property by the LICENSEE,
whether occasioned by the neglect of LICENSEE, its employees, officers, agents, contractors or
assigns or those holding under LICENSEE. LICENSEE shall at all times defend, protect and
indemnify and it is the intention of the parties hereto that LICENSEE hold CITY harmless
against and from any and all loss, cost, damage, or expense, including attorney's fee, arising out
of or from any accident or other occurrence on or about the property causing personal injury,
death or property damage resolting from use of property by LICENSEE, its agents, employees,
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customers and invitees, except when caused by the willful misconduct or negligence of CITY, its
officers, employees or agents, and only then to the extent of the proportion of any fault
determined against CITY for its willful misconduct or negligence. LICENSEE shall at all times
defend, protect, indemnify and hold CITY harmless against and from any and all loss, cost,
damage, or expense, including attorney's fees arising out of or from any and all claims or causes
of action resulting from any failure of LICENSEE, their officers, employees, agents, contractors
or assigns in any respect to comply with and perform all the requirements and provisions hereof.
9. Action upon termination: At such time as this License may be terminated or canceled
for any reason whatsoever, LICENSEE, upon request by CITY, shall remove all PERMITTED
IMPROVEMENTS and appurtenances owned by it, situated in, under or attached to the CITY
utility easement and shall restore such property to substantially the condition of the property prior
to LICENSEE' encroachment at LICENSEE sole expense.
10. Termination: This Agreement may be terminated in any of the following ways:
Written agreement of both parties;
By CITY upon failure of LICENSEE to perform its obligations as set forth in this
Agreement;
By the CITY abandoning any interest in the right-of-way easement.
11. Notice: When notice is permitted or required by this Agreement, it shall be in writing
and shall be deemed delivered when delivered in person or when placed, postage prepaid in the
United States mail, certified return receipt requested, and addressed to the parties at the address
set forth opposite their signature. Either party may designate from time to time another and
different address for receipt of notice by giving notice of such change or address.
12. Attorney's fees: Any signatory to this Agreement, who is the prevailing party in any
legal proceeding against any other signatory brought under or with relation to this Agreement
shall be entitled to recover court cost and reasonable attorney's fees from the non-prevailing
party.
13. Governing law: This Agreement is governed by the laws of the State of Texas; and
venue for any action shall be in Dallas County, Texas.
14. Binding effect: This Agreement shall be binding upon and inure to the benefit of the
executing parties and their respective heirs, personal representatives, successors and assigns.
15. Entire Agreement: This Agreement embodies the entire agreement between the parties
and supersedes all prior agreements, understandings, if any, relating to the property and the
matters addressed herein and may be amended or supplemented only by written instrument
executed by the party against whom enforcement is sought.
16. Recitals: The recitals to this Agreement are incorporated herein by reference.
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17. Legal construction: The provisions of this Agreement are hereby declared covenants
running with the property and are fully binding on all successors, heirs, and assigns of
LICENSEE who acquire any right, title, or interest in or to the property or any part thereof. Any
person who acquires any right, title, or interest in or to the property, or any part hereof, thereby
agrees and covenants to abide by and fully perform the provisions of this agreement with respect
to the right, title or interest in such property.
EXECUTED this..a~/~ay o~ , 2003.
CITY OF ~L~TEXAS
J~CITY MANAGER
LIBBY~L,'C~TY SECRETARY
ACCEPTANCE ACKNOWLEDGED BY:
LICENSEE:
Haiy~n Liao
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CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the ..~__~ay of~~
1///
2003, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas muni~pality, 6'n behalf of
said municipality.
My Commission Expires:
ub~j~tate of Texas
License Agreement - Page 5
~°°~,010 08301
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the
2003, by Haiyq~n Liao.
Notary Public, State of Texas
My Commission expires: /~0/7/7
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