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Mutual Access Fire Lane Easement AgreementLICENSE 1/6 siwie OF TEXAS q § LICENSE AGREEMENT COUNTY OF DALLAS THIS LICENSE AGREEMENT (this "AGREEMENT") is made as of ni 2019 (the "EFFECTIVE DATE") by and between the CITY OF C PPELL, TEXAS, a Texas municipality ("CITY"), whose address is 255 East Parkway Boulevard, P.O. Box 9478, Coppell, Texas, 75019, and 7 -ELEVEN, INC., a Texas corporation ("LICENSEE"), whose address is Cypress Waters, 3200 Hackberry Road, Irving, Texas 75063, Attn: Corporate Real Estate, Store #38671, acting by and through their authorized representatives. RECITALS: WHEREAS, LICENSEE desires to install and maintain certain PERMITTED IMPROVEMENTS (as hereinafter defined) within City of Coppell property located at the northeast corner of Denton Tap Road and Belt Line Road (the "ENCROACHMENT AREA"), as shown on the attached site plan marked Exhibit A (the "SITE PLAN") and incorporated herein for all purposes; and WHEREAS, LICENSEE has requested CITY to allow the PERMITTED IMPROVEMENTS to be located in the ENCROACHMENT AREA on the terms and conditions set forth herein. AGREEMENT: 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: 1. Purpose: CITY hereby grants LICENSEE an irrevocable non-exclusive license subject to the limitations and termination clauses of this AGREEMENT (the "LICENSE"), for the purpose of installation and maintenance of the PERMITTED IMPROVEMENTS within the ENCROACHMENT AREA. "PERMITTED IMPROVEMENTS" as used in this AGREEMENT shall mean landscape and irrigation improvements. Only PERMITTED IMPROVEMENTS will be permitted in the ENCROACHMENT AREA, AS INDICATED ON EXHIBITS B AND C OF PD -273R2 -C (ORDINANCE 91500-A-736). LICENSEE shall maintain the PERMITTED IMPROVEMENTS (including repair and replacement as reasonably required) in good conditions and repair, at LICENSEE'S sole cost and expense for the duration of the LICENSE. 2. Term: The LICENSE and this AGREEMENT shall be perpetual, subject, however, to termination as provided herein. 3. Non-exclusive: The LICENSE is non-exclusive and subject to any existing utility, drainage and communications facilities of any public or private utility or communication company located in, on, under, above or upon the ENCROACHMENT AREA, and subject to any future such facilities to the extent such future facilities do not materially interfere with LICENSEE'S PERMITTED IMPROVEMENTS within the ENCROACHMENT AREA as set forth herein. 55790445v.2 55790445v.4 / 035045-002576 4. Environmental Protection: LICENSEE shall not use the ENCROACHMENT AREA for any purpose 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 (as amended, "CERCLA"), the resource conservation and recovery act of 1976 (as amended, "RCRA"), and the Texas Water Code and the Texas Solid Waste Disposal Act. LICENSEE warrants that the PERMITTED IMPROVEMENTS within the ENCROACHMENT AREA will not result in the disposal or other release of any hazardous substance or solid waste on or to the ENCROACHMENT AREA, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the ENCROACHMENT AREA by LICENSEE. The terms "hazardous substance" and "release" shall have the meanings specified in CERCLA, and the terms "solid waste" and "disposal" shall have the meanings specified in the RCRA; provided, however, if either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply herein subsequent to the effective date of such amendment; and provided further, if 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 CERCLA or RCRA as applicable, such broader meaning shall apply. LICENSEE shall indemnify and hold CITY harmless against all costs, environmental clean up to the ENCROACHMENT AREA and surrounding CITY property resulting from LICENSEE'S use of the ENCROACHMENT AREA under this AGREEMENT. 5. Mechanic's liens not permitted: LICENSEE shall fully pay all labor and materials used in, on or about the ENCROACHMENT AREA by or on behalf of LICENSEE, and will not permit or suffer any mechanic's or materialman's liens of any nature to affix against CITY by reason of any work done or materials furnished to the ENCROACHMENT AREA by or on behalf of LICENSEE. 6. Compliance with laws: LICENSEE agrees to abide by, be governed by, and be responsible for compliance with, all laws, ordinances and regulations of any and all governmental entities having jurisdiction over LICENSEE in connection with LICENSEE'S use of the ENCROACHMENT AREA. 7. Termination: This AGREEMENT may be terminated upon written notice in any of the following ways: a. Mutual written agreement of both parties; or b. By LICENSEE upon sixty (60) days prior written notice to CITY, if LICENSEE no longer desires to use the ENCROACHMENT AREA as set forth in this AGREEMENT; or C. By CITY if LICENSEE fails to perform its obligations as set forth in this AGREEMENT and the failure of LICENSEE to cure such failure continues for sixty (60) days after receipt of written notice from the CITY; or d. By CITY, in its sole discretion, based on the need to utilize the ENCROACHMENT AREA to serve a public purpose. 55790445v.2 2 55790445v.4 / 035045-002576 8. Action upon termination: Upon termination of this AGREEMENT, LICENSEE shall be deemed to have abandoned all PERMITTED IMPROVEMENTS and appurtenances owned by it, situated in, on, under, above or upon the ENCROACHMENT AREA. The rights and obligations of the parties as set forth in this paragraph shall survive the termination of the LICENSE and this AGREEMENT. If this AGREEMENT is terminated at the discretion of CITY and not because of a default by LICENSEE, CITY agrees to maintain the PERMITTED IMPROVEMENTS then in place for no less than ten (10) years thereafter; subject, however, to the right of CITY to remove or make changes to the PERMITTED IMPROVEMENTS to accommodate other CITY uses for public purposes. 9. 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 addresses set forth above. Either party may designate from time to time another and different address for receipt of notice by giving notice of such change of address in accordance with this paragraph. 10. 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. 11. 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. 12. Entire Agreement: This AGREEMENT embodies the entire agreement between the parties and supersedes all prior agreements, understandings, if any, relating to the ENCROACHMENT AREA and the matters addressed herein and may be amended or supplemented only by written instrument executed by the party against whom enforcement is sought. 13. Recitals: The recitals to this AGREEMENT are incorporated herein by reference. 14. Exhibits: Exhibit A and Exhibit B attached to this AGREEMENT are incorporated into this AGREEMENT by this reference. 55790445v.2 3 55790445v.4 / 035045-002576 IN WITNESS WHEREOF, this AGREEMENT has been executed by CITY to be effective as of the EFFECTIVE DATE first set forth above. CITY munici am Name: Title: STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the Y day of , 20-, by t AMCL I &-c L, r of the CITY OF COPPELL, TEXAS, a Texas municipality,%n behalf of shl municipality. CHRISTEL B PETTINOS My Commission Eapkn May 10, 2019 C(14A I&WOMA Notary Public, State of Texas My Commission Expires: ll tQ 55790445v.2 4 55790445v.4 / 035045-002576 IN WITNESS WHEREOF, this AGREEMENT has been executed by LICENSEE to be effective as of the EFFECTIVE DATE first set forth above. 7 -ELEVEN, INC., a Texas corporation ,Jilt., Attest: /� �/ By: 1 •- (.� By: Name: bin D. B ant , Name: a '- R• ry � �ttu.•� � -- � p I r� � Title: Assistant Secretary Title: V I"cle— PSS I dle,r\'� y J ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF DALLAS § BEFORE ME, the undersigned, a Notary Public in and for the aforesaid County and State, on this day personally appeared MAM and Robin D. Briant a(n) IG6 rretiluum r and an Assistant Secretary, respectively, of 7 -ELEVEN, INC., a Texas corporation, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said corporation and that they each executed the same as the act of such corporation for the purposes therein expressed and in the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of •( , 20a. Braeden Eowell Notary Public, Stxas e -* My Comm. Expire= Nefary ID 131(Notar signature) (seal) Braeden Powell (typed or printed name) My commission expires: 3 - I -q - C?a2';L- 55790445v.2 55790445v.4 / 035045-002576 Exhibit A •� 1 �i -- _------- ---_ ---=�� I 2 FZ l �t I 41� E. O ON e FIW.RUP_FIMFtJT PRPP �- I ® RM 1"rrY� QIINYLL Wafii� T w War Seawnal co* planting bed � � "' Aum ec "R� �"� VC per knage Iltense agreement •�.. ,� - I maintained grass � a . D r area v,azr,rw 1.237 SF I 1 ----------------I BELT LINE ROAD VANLItlJIWarRI MICa'T.00tWAY Filed and Recorded Official Public Records John F. Warren, County Clerk Dallas County, TEXAS 04/19/2019 03:41:51 PM $46.00 .q amu`' o r 55790445v.2 () 55790445v.4 / 035045-002576 201900099044