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R-03-09-11-10G1 - 9/11/2003RESOLUTION NO. R -03-09-11-10G1 WHEREAS, the City of Round Rock, Texas is the owner of the public right-of-way located along Liberty Avenue, and WHEREAS, the Water Jug, Inc. desires to exercise certain rights and privileges in the public right-of-way located along Liberty Avenue, 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 The Water Jug, Inc. for the right to install landscaping, and irrigation systems and sidewalks in, over and upon the public right-of-way located along Liberty Avenue, a copy of said License Agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. 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. RESOLVED this 11th day of September 00 NY City CHRISTINE R. MARTINEZ, City Secreta @PFDesktop\::ODMA/WORLDOX/0:/WDOX/RESOLUTI/R30911G1.WPD/sc Y , Mayor Round Rock, Texas LICENSE AGREEMENT This License Agreement (hereinafter, "Agreement") is made this day of , 2003, by and between the CITY OF ROUND ROCK, (hereinafter "Licensor"), a Texas home rule municipality, and the WATER JUG, INC., (hereinafter, "Licensee", whether one or more). 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 "B". 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 construction and/or landscaping plan to the Director of Planning and the City Engineer for review and approval. It is further 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, 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. 00054623623 EXHIBIT D 11 A 11 9 ti Nonassignable 3. This license granted in this Agreement is personal to Licensee or any 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 under 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 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. 2. Venue 7. This Agreement shall be construed under and according 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: CITY: City of Round Rock ATTN: City Manager 221 East Main Street Round Rock, Texas 78664 COMPANY: Water Jug, Inc. Attn: Michael H. Sovil 1701 S. Mays, Suite # 0 Round Rock, TX 78664 IN WITNESS WHEREOF, this AGREEMENT is executed on the dates indicated. CITY OF ROUND ROCK By: NYLE MAXWELL, Mayor Date Signed: WATER JUG NC. By: Prin ed Name: /y/,•ci,Q , ,y_ Say )L. Its: Date Singed: 3. /2474 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 NYLE MAXWELL, 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. Given under my hand and seal of office on this the day of , 2003. NOTARY PUBLIC in and for the State of Texas STATE OF TEXAS ) ) COUNTY OF I j�+) Ir cumon ) BEFORE ME, the undersigned, a ppf public in and for said county and state, on this day personally appeared M is ' 0e.J [ . V'r i , of WATER JUG, INC., on behalf of said corporation, 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 FkliC{uS* , 200 3 ArAi I*: TERRI WOODMANCY MY COMMISSION EXPIRES March 27, 2005 4. leOil .! 4.0.1 . Aii'd TARY PUBLIC in and f.I to of Texas c day of �1 State the After Recording, Please Return To: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 5. E. LIBERTY AVENUE EXHIBIT "A" WOOD SIDING ADDITION EXISTIN4 1-STO BUILDIN (REMOVE JUNE 20 T Q u L_ === PROPERTY LINE HATCHED AREA REPRESENTS THE CITY OF ROUND ROCK R.O.W. — —�T • Escisc TXDOT R.O.W. d✓' C4DN ° °• • LOC N. MAYS STREET LOC HYDROMULCH 3 CRAPE MYRTLE HYDROMULCH 20 PURPLE TRAIUNG • LANTANA 7 DWARF YAUPON HOLLY STEEL EDGING HYDROMULCH EXHIBIT "B" 8 17' 2S E 125.00' 10 BLDI CITY WALK TO BE CONSTRUCTED BY OWNER AX MYR ONTERRY 8 DWARF YAUPON HOLLY HYDROMULCH / STEEL EDGING / 11 AUTUMN SA( / 7 YAUPON ILLY 11 AUTUAIN SAGE / 2S BLDG. LINE / ''4 PRIOR TO IRRIGATION INSTALLATION PLANS SHALL BE SUBMITED AND APPROVED BY THE CITY OF ROUND ROCK. IRRIGATION SHALL BE DESIGNED AND INSTALLED IN ACCORDANCE TO THE CITY OF ROUND ROCK ORDINANCE REQUIREMENTS AND THE APPROVED SITE DEVELOPMENT PLANS. N. MAYS ST. DATE: September 5, 2003 SUBJECT: City Council Meeting - September 11, 2003 ITEM: *10.G.1. Consider a resolution authorizing the Mayor to execute a License Agreement with The Water Jug, Inc. for the right to install landscaping and irrigation systems in the public right-of-way located along Liberty Avenue. Resource: Joe Vining, Planning Director History: This license agreement will implement the agreement allowing the applicant to use part of the Liberty Avenue right-of-way for landscaping and an irrigation system pursuant to the approved site development plans. The Development Review Committee approved the site development plans on August 6, 2003. Funding: All installation and maintenance costs pertaining to the agreement will be the responsibility of the property owner. Cost: N/A Source of Funds: N/A Outside resources: Michael Howard Sovil Impact/Benefit: Physical beautification and enhancing the visual characteristic of commercial area in the City of Round Rock. Continued maintenance of the landscaping and an irrigation system located in the city right-of-way. Public Comment: None required Sponsor: Planning and Community Development Department RECORDED DOCUMENT FOLLOWS ' ! L003 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ;G: GS LICENSE AGREEMENT 2003100120 This License Agreement (hereinafter, "Agreement") is made this / i — day of SEpr6me6,9 , 2003, by and between the CITY OF ROUND ROCK, (hereinafter "Licensor"), a Texas home rule municipality, and the WATER JUG, INC., (hereinafter, "Licensee", whether one or more). 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 "B". 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 construction and/or landscaping plan to the Director of Planning and the City Engineer for review and approval. It is further 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, 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. 00054623623 o3-D9-oo- /D/ Nonassignable 3. This license granted in this Agreement is personal to Licensee or any 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 under 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 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. 2. Venue 7. This Agreement shall be construed under and according 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: CITY: City of Round Rock ATTN: City Manager 221 East Main Street Round Rock, Texas 78664 COMPANY: Water Jug, Inc. Attn: Michael H. Sovil 1701 S. Mays, Suite # 0 Round Rock, TX 78664 IN WITNESS WHEREOF, this AGREEMENT is executed on the dates indicated. CITY OF ROUND ROCK By: Date Signed: WATER JUG NC. By: -i,e-e-1/ Prin ed Name: ,1,?i,. % y Say iL Its: Date Singed: 61/47/4 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 NYLE MAXWELL, 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. Given nder my hand and seal of office on this the / / day of 2003. STATE OF TEXAS COUNTY OF NOTARY PUBLIC in and for the State of Texas BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally appeared NA 1Char.j i4. 5r,‘1.1 , of WATER JUG, INC., on behalf of said corporation, 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 `7 f\uju5-t , 2003 TERRI WOODMANCY MY COMMISSION EXPIRES March 27, 2005 4. ,OTARY PUBLIC in and State of Texas day of the EXHIBIT "A" TRIANGULAR FILTER DIKE EXISTINI 1—STO BUILDINp (REMOVED IN JUNE 20 3) O 0 J CO 4) L PROPERTY LINE R Illll 1LLL� = _ SF WOOD SIDING ADDITION L _ c = _ _ HATCHED AREA REPRESENTS THE CITY OF ROUND ROCK R.O.W. LOC RECORDERS MEMORANDUM DUM All or part of the text on this page was not clearly legible for satisfactory recordation. .A TxDOT R.O.W. a 4 0 --4----==jO LOC LOC LOC LOC N. MAYS STREET HYDROMULCH 3 CRAPE MYRTLE HYDRCIMULCH 20 PURPLE IRAIUNG LANTANA 7 DWARF YAUPCN HOLLY STEEL EDGING HYDROMULGH EXHIBIT "B" 8 17.25 E 125.00' 1a BLD CITY WALK TO BE CONSTRUCTED BY OWNER AX MYR 2 ONTERRY AK 8 DWARF YAUPON HOLLY HYDRQMULGH STEEL EDGING 11 AUTUMN SA( / 7 YAUPOW DOLLY 11 AUTUMN SAGE' / 26 BLDG. LINE PRIOR TO IRRIGATION INSTALLATION PLANS SHALL BE SUBMITED AND APPROVED BY THE CITY OF ROUND ROCK IRRIGATION SHALL BE DESIGNED AND INSTALLED IN ACCORDANCE TO THE CITY OF ROUND ROCK ORDINANCE REQUIREMENTS AND THE APPROVED SITE DEVELOPMENT PLANS. RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. N. MAYS ST. After Recording, Please Return To: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 A DmwN4ST,e,47-7DA) Olry 0r IeO0,0/J /eOC/Ci lAIE. gm) ST2EET 41,16D ieOC! i �C %R0&47/ FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2003100120 10/13/2003 12:33 PM ANDERSON $26.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS 5.