Item 7A - Access and Use Easement Agreement ACCESS AND USE EASEMENT AGREEMENT
THIS ACCESS AND USE EASEMENT AGREEMENT ("Agreement") is made as of
, 2026 (the"Effective Date"),by and between: COUNTRYSIDE BIBLE CHURCH,
INC., a Texas nonprofit corporation, owner of real property located at 250 Countryside Court,
Southlake, Texas 76092 ("Church"); and NOVAVOYAGE PEAKS CENTRAL, LLC, a Texas
limited liability company, d/b/a Texas Eye and Laser Center, owner of real property located at 275
West State Highway 114, Southlake, Texas 76092 ("Medical Facility"). Church and Medical
Facility may be referred to individually as a "Party" and collectively as the "Parties."
RECITALS
WHEREAS, Church owns certain real property located at 250 Countryside Court,
Southlake, Texas, the legal description of which is attached hereto as Exhibit A and incorporated
herein for all purposes (the "Church Property"); and
WHEREAS, Medical Facility owns certain real property located at 275 West State
Highway 114, Southlake, Texas,the legal description of which is attached hereto as Exhibit B and
incorporated herein for all purposes (the "Medical Property"); and
WHEREAS, the Church Property and the Medical Property are adjacent; and
WHEREAS, Church desires to use parking areas located on the Medical Property during
weekends in connection with church services and related activities; and
WHEREAS, Medical Facility desires to use parking areas located on the Church Property
during weekdays in connection with medical office operations, patients, staff, and visitors, and
such shared parking arrangement is required, in part, for municipal approval by the City of
Southlake; and
WHEREAS, Medical Facility anticipates limited or no operational activity on weekends
and Church anticipates limited weekday parking demand outside peak periods, making the
contemplated shared parking arrangement mutually beneficial; and
WHEREAS, the Parties desire that the easements and rights granted herein run with the
land,unless otherwise mutually agreed in writing.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth
herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
ACCESS AND USE EASEMENT AGREEMENT-PAGE 1
AGREEMENT
1. GRANT OF CROSS-ACCESS AND PARKING EASEMENTS
1.1 Mutual Easements. Subject to the terms and conditions of this Agreement, each Party
hereby grants to the other a non-exclusive blanket easement for vehicular parking, ingress,
egress, and pedestrian access over and across the parking areas and access drives located
on its respective property (each, a "Shared Parking Area") during the applicable days and
hours set forth below.
1.2 Purpose. The easements granted herein are solely for parking, pedestrian access, and
related ingress and egress in connection with lawful uses of each Party's respective
property, and for no other purpose.
2. DAYS,HOURS,AND PRIORITY OF USE
2.1 Church Property(250 Countryside Court).
(a) Shared Parking Availability: Weekdays only.
(b) Permitted Hours: 5:00 a.m. to 6:00 p.m., Monday through Friday.
(c) Priority Use: During weekdays from 6:00 a.m. to 6:00 p.m., Medical Facility
shall have priority use of shared parking spaces for patients, staff, and visitors of
the Medical Facility.
(d) Overnight Parking: No overnight parking is permitted.
2.2 Medical Property (275 West State Highway 114).
(a) Shared Parking Availability: Weekends only.
(b)Permitted Hours:
• Weekdays (Monday through Friday) after 6 p.m.
• Saturdays: 5:00 a.m. to 6:00 p.m.
• Sundays: 5:00 a.m. to 8:00 p.m.
(c) Priority Use:
• Saturdays (5:00 a.m. —6:00 p.m.): Church shall have priority use of
shared parking spaces.
• Sundays (5:00 a.m. — 8:00 p.m.): Church shall have priority use of
shared parking spaces.
ACCESS AND USE EASEMENT AGREEMENT-PAGE 2
• Notwithstanding the foregoing, such priority shall be subject to the
limited reservation rights expressly set forth in Section 2.3 and
Section 3.4.
(d) Overnight Parking: No overnight parking is permitted.
2.3: Saturday Morning Medical Clinic Use: Notwithstanding anything herein to the
contrary, Medical Facility shall have the right, on an occasional basis, to reserve up to
twenty(20)parking spaces located on the Church Property for use by its patients, staff,and
invitees in connection with limited Saturday morning clinic operations. Such use shall be
limited to the hours of 8:00 a.m. to 12:00 p.m. on Saturdays.
Medical Facility shall provide Church with not less than forty-eight (48) hours' advance
written notice of its intent to utilize such reserved parking. The Parties agree to cooperate
in good faith to identify the specific parking spaces to be reserved so as to minimize
disruption to Church activities.
3. PEAK HOUR AND SPECIAL EVENT COORDINATION
3.1: Advance Notice for Special Events. Either Party requiring exclusive or materially
expanded use of shared parking areas for a special event shall provide not less than
forty-eight(48)hours' advance written notice to the other Party.
3.2: Parking Adjustments, Either Party shall provide not less than fourteen (14) days'
advance written notice for any planned event or circumstance that necessitates parking
adjustments or deviations from the normal shared parking schedule.
3.3: Cooperation. The Parties shall cooperate in good faith to minimize disruption and
accommodate each other's reasonable parking needs.
3.4: Annual Medical Education Event. In addition to the foregoing, Medical Facility shall
have the right,once per calendar year,to reserve a reasonable portion of the Shared Parking
Area located on the Church Property in connection with a continuing medical education or
similar professional event, typically held on a Sunday morning.
Medical Facility shall provide not less than thirty (30) days' advance written notice to
Church of such event, including the anticipated date, time, and parking requirements. The
Parties shall cooperate in good faith to accommodate such event while minimizing
interference with Church operations.
4. PEDESTRIAN ACCESS AND IMPROVEMENTS
4.1: Sidewalk Installation. Medical Facility shall install a sidewalk on the west side of the
Medical Property to facilitate pedestrian access between the properties.
ACCESS AND USE EASEMENT AGREEMENT-PAGE 3
4.2: Improvements. Medical Facility shall, at its sole cost and expense, provide any
improvements reasonably necessary to facilitate cross-parking and pedestrian access,
subject to applicable laws and governmental approvals.
5. INDEMNIFICATION AND LIABILITY
5.1: Mutual Responsibility, Each Parry shall be responsible for accidents, injuries, or
damages occurring on its own property.
5.2: Mutual Indemnification. To the fullest extent permitted by law, each Party shall
indemnify, defend, and hold harmless the other Party from and against any and all claims,
liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees)
arising out of or related to the indemnifying Parry's negligence or willful misconduct
occurring on or about its property.
5.3: No Cross-Liability. Nothing herein shall be construed to make either Party liable for
the negligence or misconduct of the other Party.
6. CONSIDERATION
The Parties acknowledge that no monetary consideration is being exchanged for the
easements granted herein.
7. GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the
state of Texas. Venue for any action arising out of this Agreement shall lie exclusively in
Tarrant County, Texas.
8. AMENDMENTS
This Agreement remains in force and effect unless amended or terminated by a written
instrument executed by both Parties and recorded in the Tarrant County Real Property Records.
9. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the Parties concerning the subject
matter hereof and supersedes all prior negotiations or understandings, whether written or
oral.
10. UNENFORCEABILITY
If any term, covenant, condition or provision of this Agreement or the application thereof
to any person,entity or circumstance shall,at any time or to any extent,be held to be invalid
or unenforceable, the remainder of this Agreement, or the application of such term or
provision to persons, entities or circumstances other than those in which it is held invalid
ACCESS AND USE EASEMENT AGREEMENT-PAGE 4
or unenforceable, shall not be affected thereby, and each remaining provision of this
Agreement shall be valid and/or enforceable to the fullest extent permitted by law.
11. SINGULAR AND PLURAL USES
Wherever in this Agreement the singular is used, the same shall include the plural, and
vice-versa, and wherever in this Agreement the masculine gender is used, the same shall
include the feminine and neuter genders, and vice versa.
12. PARAGRAPH HEADINGS
The captions, headings, and paragraph numbers appearing in this Agreement are inserted
as a convenience only and in no way define, limit, construe, or describe the scope or intent
of such sections nor in any way affect the interpretation hereof.
[Signatures on following pages]
ACCESS AND USE EASEMENT AGREEMENT-PAGE 5
COUNTRYSIDE BIBLE CHURCH, INC.
By:
Name:
Title:
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the of ,
2026,by in his/her official capacity as of
Notary Public, State of Texas
Notary ID#
ACCESS AND USE EASEMENT AGREEMENT-PAGE 6
NOVAVOYAGE PEAKS CENTRAL,LLC
By:
Name:
Title:
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the of ,
2026,by in his/her official capacity as of
Notary Public, State of Texas
Notary ID#
ACCESS AND USE EASEMENT AGREEMENT-PAGE 7
EXHIBIT A
Legal Description of Church Property
BEING LOT 2R2R,IN BLOCK B,OF RAVENAUX VILLAGE,AN ADDITION TO THE CITY
OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT
THEREOF RECORDED IN CABINET A, SLIDE 6215, PLAT RECORDS, TARRANT
COUNTY, TEXAS.
ACCESS AND USE EASEMENT AGREEMENT-PAGE 8
EXHIBIT B
Legal Description of Medical Property
BEING LOT 1R1 AND LOT 1R2, IN BLOCK A, OF RAVENAUX VILLAGE,AN ADDITION
TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE
REVISED PLAT THEREOF RECORDED IN THE PLAT RECORDS, TARRANT COUNTY,
TEXAS.
ACCESS AND USE EASEMENT AGREEMENT-PAGE 9