R-97-09-25-13S - 9/25/1997 RESOLUTION NO. R-97-09-25-13S
WHEREAS, the City of Round Rock, Texas, is the owner of the
public right-of-way along Old Settlers Boulevard, and
WHEREAS, Opus South Corporation, the owner of the real
property abutting said right-of-way, desires to exercise certain
rights and privileges upon said public right-of-way, 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 Opus South Corporation
for the construction and maintenance of landscaping and irrigation
systems located in and upon the public right-of-way located along
Old Settlers Boulevard, a copy of which is attached hereto as
Exhibit "A" .
RESOLVED this 25th day of September, 1997 .
zvtR
CHARLES CUL EP R, Mayor
City of Round Rock, Texas
ATTEST:
J ANNE LAND, City Secretary
K:\WPDOCS\RESOLUTI\RS70925S.WPD/cdc
LICENSE AGREEMENT
This Agreement is made this
5'11 day of
1997, by and between the City of Round Rock, (hereinafter
"Licensor"), a Texas home rule municipality, and the Opus South
Corporation, (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,
on the plat of Lot 1A and 2A of the re -plat of Block C- Crystal
Park, a subdivision of record in Cabinet N, Slide 305-306, Plat
Records of Williamson County, Texas.; 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.
C:\TEXT\ROUNDROC\OPUS.LIC/cdc
Consideration
2 . In consideration for this license, Licensee shall pay
Licensor $10 . 00 and other valuable consideration paid by Licensee
to Licensor.
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
6 . 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
7 . 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
8. 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
9. 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: Attn: Brian Straley
11910 Greenville Ave.
Suite 500
Dallas, Texas 75243-9331
IN WITNESS WHEREOF, this AGREEMENT is executed on this 02"
day of L , 1997.
CITY •F ROUND ROCK
Charles Cu p per
Mayor
OPUS SOUTH CORPORATION
its
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.
_,Given under my hand and seal of office on this the
J " day of 1997 .
CHRISTINE R.MARTINEZ ,
MY COMMISSION EXPIRES
sa�iF OF SE�'� August 5,2001
NOTARY PUBLIC in and for
the State of Texas
STATE OF TEXAS )
COUNTY OF )
BEFORE ME, the undersigned, a notary public in and for said
county and state, on this day personally appeared
, as
for OPUS SOUTH 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
day of 1997 .
NOTARY PUBLIC in and for
the State of Texas
4 .
DATE: September 19, 1997
SUBJECT: City Council Meeting, September 25,1997
Item: 13.S. Consider a resolution authorizing the Mayor to execute a
license agreement authorizing Opus South Corporation to
irrigate and landscape within the public right of way
abutting Lots 1A and 2A of the Replat of Block C, Crystal
Park.
Staff Resource Person: Joe Vining
Staff Recommendation: Approval
This license agreement gives Opus South Corporation the authority to place
landscaping and irrigation in the public right of way adjacent to Lot 1A and Lot
2A of the replat of Block C, Crystal Park. The Licensee, Opus South Corporation,
must present a detailed landscaping plan with associated irrigation to the
Directors of Planning and Pubic Works for review and final approval.
Crystal Park
Replat. Block C
EXECUTED
DOCUMENT
FOLLOWS
OPUS.
OPUS SOUTH CORPORATION
11910 Greenville Avenue, Suite 500
Dallas, Texas 75243-9331
(972)480-9787 FAX 669-2216
To: City of Round Rock
221 East Main Street
Round Rock, TX 78664
Attention: Joanne Land
We are sending you: [x ]
[] Copy of Letter []
11 Shop Drawings [
TRANSMITTAL
Date: 10/15/97 Job #218.10.21
Re: Crystal Park — Building A
Attached 11 Under Separate Cover
Prints [] Plans
Change Order [] Sepias
[x ] VIA MAIL The Following:
[] Samples [] Specifications
[X] See below
SHEET
NO.
NO. OF
COPIES
DATED
DESCRIPTION
1
1
10/14/97
Executed License Agreement for landscaping and irrigation along
Old Settler Blvd. R.O.W. — Crystal Park, Round Rock, TX.
Notes:
These are transmitted:
[ 1 For Approval
[x] For Your Use
[] As Requested
For Review and Comment
No Exceptions Taken
Make Changes Noted
BJS/kr
[ 1 Amend & Resubmit Copies for Approval
[] Rejected - See Remarks
[] For Your Information
[ ] For Bids Due
Yours truly,
OPUS SOUTH CORPORATION
74 -Brian Straley
Associate Project Manager
% . f
LICENSE AGREEMENT
This Agreement is made this day of
1997, by and between the Cit of Round Rock,
Y (hereinafter
"Licensor" ) , a Texas home rule municipality, and the Opus South
Corporation, (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,
on the plat of Lot 1A and 2A of the re-plat of Block . C- Crystal
Park, a subdivision of record in Cabinet N, Slide 305-306, Plat
Records of Williamson County, Texas. ; 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.
C:\TEXT\ROUNDROC\OPUS.LIC/CdC
Consideration
2. In consideration for this license, Licensee shall pay
Licensor $10.00 and other valuable consideration paid by Licensee
to Licensor.
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
6. 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
7. 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
8 . 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
9. 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: Attn: Brian Straley
11910 Greenville Ave.
Suite 500
Dallas, Texas 75243-9331
IN WITNESS WHEREOF, this AGREEMENT is executed on this ;5t--A
day of , 1997 ,
CITY F ROUND ROCK
Charles Cup per
Mayor
OPUS SOUTH CORPORATION
h
t
its .
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.
A.piven under my hand and seal of office on this the
02)wtA) day of
4t% CHRISTINE R. MARTINEZ
-
MY COMMISSION EXPIRES
%.4•Rf• ..... August 5,2001
STATE OF TEXAS
D4
COUNTY OF
)
)
)
, 1997.
•
ellTkAtjga.
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
-:-...--1 a me .5 F. KI.1 vke , as Re..c_.ct o n et..1 V; ce, -P re --5i deyck-
for OPUS SOUTH CORPORATION , known tt 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
1WirlA day of
f)c_t-D19er- , 1997.
4.
ARY P
e State
IC in and for
f Texas