? 1" Q. UCEN 'E AG~EtlENT
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1 ? 1" Q UCEN 'E AGEtlENT b/j/8f TEXAS UTlTES ELECTRC COMPANY (herenafter called Ucensor), hereby grants permsson to Parker College of Chropractc (herenafter called Ucensee) to use the property located and descrbed as follows: lyng and stuated n the Cty and County of Dallas, Texas, and beng more partcularly descrbed as a part of that certan 6.04 acres tract of land n the W. Bennett Survey, Abstract No Cty of Dallas, Block 6509, conveyed to Dallas Power and Ught Company by Chester Ells Moudy, at ux, by a Warranty Deed dated October 3, 1950, of record n Volume 3888, Page 37, Deed Records of Dallas County, Texas. Ths lcense s subject to the followng terms, condtons and covenants: 1. lcensee may use the lcensed property for a pedestran brdge encroachment, as shown on the attached Exhbt "A" and made a part hereof. lcensee may not use the property for any other purpose wthout pror wrtten consent of lcensor. 2. The lcense granted hereby shall be revocable and nonexclusve. commence on -Mt"" and shafl contnue thereafter on a year to year bass untl termnated DY ether party on thrty (30) days wrtten notce to the other. 3. There s also granted to Ucensee. a nonexclusve lcense to use so much of Ucensor's remanng land, as shown on exhbt A, durng temporary perods. as may be necessary for the constructon, repar, mprovement and mantenance of sad lcensed use on the property above descrbed. Such lcensed us. shall not nterfere wth lcensor's use of such property n the operaton of ts busness and lcensee shall properly mantan such property durng constructon, repar, mprovement and mantenance of the lcensed use and at the concluson of such actvtes remove all constructon debrs and other materals from such property and restore such property to the same condton t was n pror to the commencement of lcensee's actvtes thereon or n proxmty thereto.. 4. Ths agreement s subject to all terms and condluons set forth n that certan lcense agreement 28.o-P dated December Lcensee shall not place or cause to be placed any structures. cross fences, or any other mprovements nor allow trees or shrubs wthn the lcensed property wthout the pror wrtten permsson of Ucensor. Except as specfcally permtted n exhbt "A", Ucensee shall construct no engneerng works on the lcensed property nor change or alter the grade of the land n such area. lcensee shall keep the lcensed property clean and santary, free of debrs and rubbsh, and keep growth of weeds and other objectonable vegetaton from reachng such condton as to volate Ocat governmental requrements or consttute a nusance. 6. lcensee wll comply wth any and all requrements and oblgatons (f any) set forth n Exhbt "B". _ 7. Lcensor reserves the rght to construct, reconstruct, remove, mantan and operate any and all electrc power transmsson and dstrbuton lnes. or any other facltes whch deems necessary or deslrle n the conduct of ts busness on. over, across, along and under the lcensed property. and shall not be lable to lcensee for any damages. ncludng loss of use or damage to or destructon of lcensee's mprovements on the lcensed property caused thereby. 8. f lcensee defaults n the performance of any of the provsons set forth heren and such default contnues ten (10) days after Lcensor gves wrtten notce thereof, Ucensor may mmedately revoke ths lcense. EXHBT 404C PAGE 1 OF
2 Lcenseeshalldefend,ndemnfy, p,;,)",lld'" Ucen, nt lsemp;""' 6 7 aganst any and all clams. expenses (ncludng but not lmted to attorney's fees and costs of ltgaton). demands and judgments arsng n favor of any person (ncludng but not lmted to employees. agents, customers or nvtees of Ucensee and Lcensee's contractors, subcontractors and ther employees) or entty for personal njury, bodly njury ncludng death or damage to or destructon of property whether or not arsng from the sole or concurrent neglgence or fault of Lcensor or employees or ndependent contractors drectly responsble to Lcensor arsng out of, ncdent to, or n anyway connected wth the exercse. by Lcensee, ts contractors and ther employees. customers or nvtees, of rghts heren granted. t s the expressed ntenton of the partes hereto. both Ucensee and lcensor, that by the ndemnty provded n ths paragraph Lcensee s to ndemnty and protect Lcensor from the consequences of lcensofs own neglgence whether that neglgence s the sole or a concurrng cause 01the njury. death, or damage. 10. The rghts heren are personal to Ucensee and may not be sold. transferred, assgned or conveyed n any manner wthout pror wrtten permsson of Ucensor. 11. lcensee accepts the lcensed property n ts present condton and agrees to return the property to Ucensor n as good or better condton upon termnaton of ths lcense. Ucensee shall, upon termnaton of ths lcense, remove any mprovements made to the lcensed property by Ucensee and repar and restore any damage caused by such removal, unless waved by Lcensor n wrtng. 12. Use of drag lnes or other boom-type equpment n connecton wth any work to be performed on Lcensor's property by the lcensee, ts employees. agents, representatves or contractors must comply wth all applcable laws, ordnances and governmental regulatons ncludng Texas Statute (V.A.C.S. Sectons , et seq. of the Health & Safety Code), the Natonal Electrcal Safety Code and any other clearance requrements of lcensor. Notwthstandng anythng to the contrary heren. n no event shall any equpment be wthn ffteen feet of lcensor's power lnes stuated on the lcensed property. lcensee must notfy Dallas Regon Transmsson Operatons 48 hours pror to the use of any boom-type equpment on Lcensor's property. lcensor reserves the rght to refuse Lcensee permsson to use boom-type equpmenl 13. Durng the perods of constructon, mantenance and reconstructon and at all other tmes whle ths agreement s n effect, Ucensee shall take whatever steps necessary to prevent any lens. ncludng but not lmted to, property tax lens, mechancs lens and materalmen's lens, from attachng to Lcensor'S property. Lcensee shall mmedately pay such sums as may be necessary to dscharge lens and encumbrances fled wth respect to all or any porton of lcensor's property resultng from the constructon, mantenance or presence of any of Lcensee's mprovements. 14. Ucensee shall not cause or permt any dscharge. leakage, spllage, emsson, polluton or release of toxc materal of any type to occur upon lcensor's property. Should any dscharge, leakage, spllage. emsson. polluton or release of toxc materal of any type occur upon lcensor's property as a result of Lcensee's use. presence. operatons or exercse of the rghts granted hereunder, Lcensee shaj at ls expense, be oblgated to clean all property affected thereby, whether owned or controlled by Ucensor or any thrd persons to the satsfacton of Ucensor (nsofar as the property owned or controlled by lcensor s concerned) and any governmental body havng jursdcton n the matter. Ucensor may. at ts opton, clean Lcensor's property f Lcensor elects to do so, and Lcensee shall pay Ucensor the cost of such cleanup promptly upon the recept of a bll, t S the expressed ntenton of the partes hereto, both Ucensee and Lcensor, that Lcensee agrees to nvestgate. release, ndemnfy and defend Ucensor from and aganst all lablty. cost and expense (ncludng wthout lmtaton, any fnes, penaltes, judgments. ltgaton costs and attorney fees) ncurred by Ucensor as a result of lcensee's breach of ths secton. or as a result of any such dscharge, leakage, spllage, emsson, polluton or release of toxc materal regardless of whether such lablty, cost or expense arses durng the tme ths agreement s n effect or thereafter. As used n ths lcense. toxc materal means substances whch may cause polluton of surface or underground waters, the ar or sol and ncludes all substances such as hazardous substances, hazardous materals, toxc substances and sold waste regulated or prohbted by laws. ordnances, and regulatons ntended to protect the envronment or to prevent polluton. r:. EXDBT 404C PAGE 2 OF t;
3 o " 15. Ucensee accepts the lcensed property heren descrbed subject to all prevous and future easements and lcenses, f any, that have been or may be granted on, along, over, under or across sad property, and releases Lcensor and easement holders from any and all damages, clams for damages, loss or labltes that may be caused Lcensee by reason of the exercse of such rghts or prvleges granted n sad easements and lcenses. 16. Lcensee shall remburse Lcensor for any ncrease n property taxes on the lcensed property by reason of Lcensee's property and mprovements thereon. Such rembursement wll be due wthn thrty (30) days after recevng wrtten notfcaton of the amount of such ncrease. 17. All wrtten notces requred under ths lcense must be hand delvered or sent by certfed mall addressed to the proper party at the followng addresses: LCENSOR TU Electrc P.O. Box Room 410 Dallas, Texas LCENSEE Parker College of Chropractc 2500 Walnut Hl Land Dallas, Texas Each party may change the address to whch notces are to be sent by gvng the other party notce, wthn ten (10) days, of the new address n the manner provded by ths paragraph. EXECUTED thsday of 12./ f,1992. TEXAS UTLTES ELECTRC COMPANY By: A'/ V' E.Ft'HolcombVce Presdent LCENSEE By: r:j... jg[;z Executve Vce Presdent THE STATE OF TEXAS COUNTY OF DAllAS BEFORE ME, the undersgned authorty, on ths day personally appeared E.R. Holcomb, Senor Vce Presdent of Texas Utltes Electrc Company, known to me to be the person whose name s subscrbed to the foregong nstrument and acknowledged to me that he executed the same as the act and deed of the sad Texas Utltes Electrc Company tor the purposes and consderaton theren expressed, and n the capacty theren stated...,, ; j, GVEN UNDER MY HAND AND SEA c n and for the State of Texas Mn.():rtf);E JJl)gt'..V (Prnt Name of Notary Publc Here) EXHmT 404C PAGE 3 OF ' :
4 THE 5T ATE OF TEXAS COUNTY OF DALLAS s S BEFORE ME, the undersgned authorty, on ths day personally appeared. H/.L.s7lr1Al, Executve Vce Presdent of Parker College of Chropractc, known to me to be the person whose name s subscrbed to the foregong nstrument and acknowledged to me that he executed 'he same as the act and deed of the sad Parker College of Chropractc for the purposes and consderaton theren expressed, and n the capacty theren stated. t -t, 5 '... :..\ Nolafy -.-.l Publc.,_ -1 STATE OF TEXAS -;'"l!!..; ROSEL YH W POWELL \ Mt commlealone.,. ".t,,$-. OCTOBER 16,1886 "'U.", Commsson Exp.res:.lJ_.! 14;U-- A.D ? D BHH t EXDBT 404C PAGE 4 OF6 ;.;
5 J WALNUT HLL LAN J ,,, --'" 12 :!:,+-? Not<t. 1 Br d.5(zs are approxmately 5' h. İ,. Ị E.X H t 0 \T,eA» \ rs71 T 40+ ; 6J 7 5W $: <::)' Ol' EXHBT 404C PAGE50F
6 ....' Blastng s not to be permtted on the rght-of-way 26042?15 9 CONSTRUCTON LMTATON ON TU ELECTRC COMPANY RGHT-Of-WAY or under our lnes EXHBT "a" EXDBT 404C PAGE60F6., Gradng wll be done n order to leave the rght-of-way n as near as possble to present condton. Spol drt wll be removed from the rght-of-way and no trash s to be left on rght-of-way. Slopes shall be graded so that trucks can go down the rght-of-way when requred and such that they can be mechancally mantaned. Street or road crossngs are based on drawngs submtted. resubmtted for approval. Any Change n algnment or elevaton wll be Equpment wll not exceed 15 feel n heght when operated under the "lne. Drag lnes wll not be used under the lne or on TUECO Rght-of-Way. Shorng wll be requred where excavaton s wthn 10 feet of a structure and wll extend 20 feet each sde of the centerlne of the structure. Shorng wll be suffcent to wthstand the added load of the structure and ts footng. Shorng shall not be left open for extended perods of tme, except when ppe or underground facltes are nstalled, shorng shall be removed and properl)' backfeld as soon as practcal. Backfll wll be thoroughly tamped. Water tampng wll not be permtted wthn ths area. Rght-of-way are granted. wll be protected from washng and eroson by the method approved before crossng permts No obstructon shall be nstalled on the rght-of-way that would nterfere wth access to TUECO structures. or prevent mechancal mantenance. Equpment and materals wll not be stored on rght-of-way durng constructon. Before any work s done under TUECO lnes or by TUECO structure notfy the Supervsor of Dallas Regon J'ransmlsson Operatons as noted n the document. 1 D BHH
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