CM-2015-721 - 3/27/2015City of Round Rock
i ROUND ROCK
TrxA, Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement for right to install, construct,
operate, maintain and repair a grease trap with Lewis RR Properties, LTD.
related to 201 East Main Street.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 3/27/2015
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: License Agreement - Star Co, LAF - 201 E. Main
Department: Planninq and Development Services Department
Text of Legislative File CM -2015-721
The purpose of the License Agreement is for Lewis RR Properties, LTD, to install, construct, operate, maintain
and repair a grease trap located in the alley way behind 201 East Main Street.
The recommended action is to approve the license agreement.
City of Round Rock Page 1 Printed on 3/28/2015
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Planning & Development Services Project Name: License Agreement
Project Mgr/Resource: Kamie Fitzgerald Contractor/Vendor: Lewis RR Properties, LTD.
F-Jcouncil Action:
ORDINANCE Q RESOLUTION
Agenda Wording
City Manager Approval
CMA Wording
Consider executing a License Agreement for right to install, construct, operate, maintain and repair a grease trap with Lewis RR
Properties, LTD. related to 201 East Main Street.
Attorney Approval
Attorney
Date f r
O:\wdox\SCClnts\0114\1510\MISC\00331325.XLS Updated 6/3/08
ELECTRONICALLY RECORDED 2015023963
Williamson County Texas
LICENSE AGREEMENT
k
This Agreement is made this day of r 1 , 20,V by and between the
CITY OF ROUND ROCK, (hereinafter"Licensor"),a Texas home rule municipality, and Lewis
RR Properties,LTD. (hereinafter, "Licensee",whether one or more).
Whereas, Licensor is the owner of the real property(hereinafter, "Property"),which is the
public right-of-way of the alley at 201 East Main Street as depicted in Exhibit "A", attached
hereto and incorporated herein;and
Whereas, Licensee desires to exercise certain rights and prhileges 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,THERLEFORE,it is agreed as follows:
License
1. Licensee shall have the right to install, construct,operate,maintain and repair a grease
trap in, over, and upon public rights-of-way located within the.Property, as described in Exhibit
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 of the current or subsequent
h4provements listed in Section I above, Licensee shall present a detailed plan to the
Development Services Office Manager for review and approval. Approval of any plan shall be
solely within the discretion of the Development Services Office Manager.
It is Rung;er understood that Licensee must comply with all other requirements of the
Code of Ordinances of the City of Round Rock,Texas.
It is further understood that Licensor has no duty to maintain, operate, replace, or repair
any improvement in or upon the Property, including the payment of any fees of any bind
associated with any improvements.
201 E Main 5t-£au1k/Cc
Consideration
2. 1n consideration for this license, Licensee shale pay Licensor $10.00 and other
valuable consideration paid by Licensee to Licensor.
ll on assignabi it
3. This license granted in this Agreement is personal to Licensee or any tether property
owners association created to maintain Licensee's improvements, This Agreement is not
assignable. Any assignment of this Agreement will automatically terminate the license..
Notwithstanding the foregoing, Licensee Shall be permitted to assign Licensee's license under
this Agreement for any entity acquiring all or a,portion of Licensee's property adjacent'to the
Property provided such assignee assumes Licensee's obligations and rights granted tinder this
Agreement, and Licensee shall be released from any and all obligations hereunder accruing after:
such assignment.
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 Haat Licensor will not need to reimburse Licensee for any costs
expended for said improvements.
Indemnity
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 ail
claims, demands, and causes of action of every bind and character, including the cost of defense
thereof, for any injury to, including death, of persona (whether they be third persons, contractor,
or employees t f 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 :ander this Agreement.
whether: or not said claims, demands and causes of action in whole or in part are covered by
insurwice.
.
Venue
7. This Agreement shall be construed under and accord with the taws of the State of
Texas, and all obligations of the parties created hereunder are performable in Williamson
County,Texas..
Notice
. Notice shall be mailed to the addresses designated herein or as may be designated in
Ming by the parties from time to time and shall be deemed received when seat postage prepaid'
U.S.mail to the following addresses.
CITY: City of Round Rock
A.TTN:Laude Hadley,Interim City Manager
221. East Main Street
Round books Texas 75664
COMPt4.NY:, Lewis RR Properties,LTD
1102 Martin Ave.
Pound Rock,Texas 78681
Attn. Kip Lewis
T WITNESS WHEREOF,this A iREE lE T'is executed on this � � day of
p 11 20
(Signatures on the fillowingpage)
(Rest of this page left intentionally blank)
3.
OWNERS
Legis RR Properties,LTD
By:
Date:�-Tm t f _
CITY OF' OUND ROCK
curie lgadley,CitilanageAr \11
CKNOWLDEGEUVIEl°T
STATE OF TEXAS
COUNTY OF)ArMLIAMSON
BE ORE ME', the undersigned, a notary public in and for said county and state,on this
day personally appeared Laurie Hadley, as Interim City plana er of the Citi}' of Round Rork,, 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'.
Given under my hand and seal of office on this the ',-W day of 2oL5.
FoIGH
MyrOMM11. o �th tJT Y PUBLIC in and for the State of
Jud+
11,2te__ Texas
T:A.TE.OF_-k.E`er --`I>
COUNTY OF k k'
BEFORE IM ,the undersigned, a notary public in and for said county and state, on this
day personally appeared Kip Lewis of Lewis RR Properties, LTD, on behalf of said compmy,
known to me to be the person whose name is subscribed to the foregoing instruramt, and
acknowledged to me that he executed the sane for the purpose and consideration therein
expressed.
Given'under my Mand and seal of(Ffflce on this the day of
1"401my public.SYG34e of Te:sos
NOTARY 1'UBLI ire and for the State of
Texas
After Recordiug,Please Return To,
Sheets&Crossfield, P.C.
309 East Main
Round Rock,Texas 78664
a
B
PARKING GARAGE------------------
(PUBLIC ALLEY)
;,i ♦ \ , \
T�� i Y �.�'>"".� 1. , ♦ \ \ \ , , \ , � ` _
Iq
I 0 �
3 '
i
i
7
`i
f{:
F
2015023963 Page 7 of 7
2015023963
Electronically Recorded
OFFICIAL PUBLIC RECORDS
Nancy E. Rister, County Clerk
3/30/2015 12,17 PM
Pages. 7 Fee. $41.00
Williamson County Texas