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R-98-12-22-10E1 - 12/22/1998 RESOLUTION NO. R-98-12-22-10E 1 WHEREAS, the City of Round Rock, Texas is the owner of the public right-of-way located at the intersection of Oakwood Boulevard and RM 620, and WHEREAS, the Oakland Owner' s Association, Inc . desires to exercise certain rights and privileges upon the unpaved portion of the public right-of-way located at the intersection of Oakwood Boulevard and RM 620, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a License Agreement with Oakland Owner' s Association, Inc . for the right to install, construct, operate, maintain, upgrade, and repair landscaping and irrigation systems in and upon the public right-of-way located at the intersection of Oakwood Boulevard and RM 620, a copy of which is attached hereto as Exhibit "A" The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act RESOLVED this 22nd day of Dece r, 98 . CHARLES GULP P ER, Mayor AT ST: City of Round Rock, Texas J NE LAND, City Secretary K:\WPDOCS\RESOLUTI\R81222E1.WPD/scg LICENSE AGREEMENT h� This Agreement is made this Zn day of lJl�ic ,�ie. 1998 , by and between the CITY OF ROUND ROCK, (hereinafter "Licensor" ) , a Texas home rule municipality, and the OAKLAND' S OWNER' S ASSOCIATION, INC. , (hereinafter, "Licensee" ) . Whereas, Licensor is the owner of the real property (hereinafter, "Property" ) , which is the public right-of-way as depicted in Exhibit "A" , attached hereto and incorporated herein; and Whereas, Licensee desires to exercise certain rights and privileges upon public rights-of-way located within the Property; and Whereas, Licensor desires to grant Licensee certain rights and privileges upon public rights-of-way within the Property; and NOW, THEREFORE, it is agreed as follows : License 1 . Licensee shall have the right to install, construct, operate, maintain, upgrade, and repair landscaping and irrigation systems in, over and upon public rights-of-way located within the Property, as described in Exhibit "A" . It is understood that this Agreement creates a license only and that Licensee does not and shall not claim at any time any interest or estate of any kind in the public rights-of-way located within the Property by virtue of this license . It is further understood that before the installation of any current or subsequent landscaping or irrigation systems, Licensee shall present a detailed landscaping plan, with associated irrigation, to the Director of Planning and the Director of Public Works for review and approval . It is further understood that Licensor has no duty to maintain, operate, replace, upgrade, or repair any improvement in or upon the Property, including the payment of any fees of any kind associated with any improvements . Consideration 2 . In consideration for this license, Licensee shall pay Licensor $10 . 00 and other valuable consideration paid by Licensee to Licensor. I:\TEXT\ROUNDROC\LICENSE\OAKLAND.WPD/kg Nonassignable 3 . This license is personal to Licensee . It is not assignable, and any attempt to assign this license will terminate the license . Terminable at Will 4 . This Agreement is terminable by either party at will by the giving of actual notice to the other party. Upon termination, any improvements to Property will become the property of Licensor and it is agreed that Licensor will not need to reimburse Licensee for any costs expended for said improvements . Indemnity 5 . Licensee shall comply with the requirements of all applicable laws, rules and regulations, and shall indemnify and hold harmless Licensor, its officers, agents and employees from and against any and all claims, losses, damages, causes of action, expenses of litigation, court costs, and attorney' s fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with Licensee' s exercise of the license under this Agreement . Release 6 . Licensee assumes full responsibility for its exercise of the license, and hereby releases, relinquishes and discharges Licensor, its officers, agents and employees, from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to, including death, of person (whether they be third persons, contractor, or employees of either of the parties hereto) and any loss of or damage to property (whether the same be that either of the parties hereto or of third parties) caused by or alleged to be caused, arising out of, or in connection with Licensee' s exercise of the license under this Agreement whether or not said claims, demands and causes of action in whole or in part are covered by insurance . Venue 7 . This Agreement shall be construed under and accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas . Notice 8 . Notice shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. mail to the following addresses : 2 . CITY: City of Round Rock ATTN: City Manager 221 East Main Street Round Rock, Texas 78664 COMPANY: Attn: -� A(L�- OAKLAND' ( R'S ASSOCIATION, INC. Y { Z, U � oL X J l IN WITNESS WHEREOF, this AGREEMENT is executed on this �p�nd day of E 1998 . CITY OF ROUND ROCK arles Cu per Mayor OAKLAND'S OWNER'S ASSOCIATION, INC. BY: ITS : yyr 3 v 3 . STATE OF TEXAS ) COUNTY OF WILLIAMSON ) BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally appeared CHARLES CULPEPPER, as Mayor of the City of Round Rock, a Texas Home Rule Municipality, on behalf of said municipality, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed. ve under my hand and seal of office on this the i day of �., � �r � ,� 1998 . CHRISTINE R.MARTINEZ`- MY COMMISSION EXF';RE^ August 5, 2001 NOTARY PUBLIC in and for the State of Texas STATE OF TEXAS ) "I ) COUNTY OF- ��� (� 11 ) BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally appeared for OAKLAND' S OWNER' S ASSOCIATION, INC. known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed. Given under my, hand and seal of office on this the ll day of r � C� 1998 . ARY PUBL in and for the State of Texas 4 . EXHIBIT "A" Public right-of-way, including median, on both sides of Oakwood Blvd. from the intersection of Oakwood Blvd. and RM 620 for a distance of approximately 360 feet from said intersection, as shown on the map of plat of the Oakland' s Section Two Amended subdivision, recorded in Cabinet Slide , Plat Records, Williamson County, Texas . 5 . Date: December 17, 1998 Subject: City Council Meeting- December 22, 1998 Item: 10.E.1. Consider a resolution authorizing the Mayor to execute a license agreement with the Oakland Owner's Association,Inc. This agreement will allow landscaping and irrigation in the public right-of-way, including the median, on both sides of Oakwood Blvd. from the intersection of Oakwood Blvd. and RM 620 for a distance of approximately 360 feet. Applicant: Oakland's Owners Association. Staff Resource Person:Joe Vining, Planning Director License Agreement a m a 0 �o Oa o 0 �Q N 0- Subject M 62° Tract fns t I N