CM-2015-719 - 4/17/2015City of Round Rock
TE U.S-?!Naorx Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement for right to install, construct,
operate, maintain and repair drainage improvements in the form of
perforated PVC pipe with AMFB II Bartz, LLC related to the 1200 and
1201 Blocks of Hidden Valley Drive.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/17/2015
Dept Director: Brad Wsman, Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: Lone Oak - Drainage Improvements
Department: Planning and Development Services Department
Text of Legislative File CM -2015-719
The purpose of this License Agreement is to allow the property owner an encroachment into City Right -of -Way
for purposes of private drainage infrastrdurs.
The recommended action is to approve the License Agreement
cMyoraound xk Page1 Punted on M1612015
LEGAL DEPARTMENT APPROVAL FOR CITY COLINCIUCITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Planning 8 Development Services
Project Mgr/Resource:
Project Name: License Agreement
Contractor[Vendor: AMFP II Bartz, LLC
r—Icouncil Action:
ORDINANCE RESOLUTION
Agenda Wording
Fxx-J City Manager Approval
CMA Wording
Consider executing a License Agreement for right to install, construct, operate, maintain and repair drainage improvements in the
form of perforated PVC pipe with AMFB II Bartz, LLC related to the 1200 and 1201 Blocks of Hidden Valley Drive.
Attorney Approval
[P Attorney
Date `*/$
O:\wdox\SCClnts\0114\1510\MISC\00331323 XLS Updated 6/3/08
LICENSE AGREEMENT
81
This Agreement is made this day of 2015, by and between the
CITY OF ROUND ROCK, a Texas home rule municipality, whgk address is 221 East Main
Street, Round Rock, Texas 78664 (hereinafter "Licensor'), and AMFP II Bartz, LLC, a Texas
limited liability company, whose address is 420 Lexington Ave., Room 2821 c/o Gregory Lyden,
New York, New York 10170 (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 1200 and 1201 Blocks of Hidden Valley Drive as depicted in Exhibit
"A," attached hereto and incorporated herein; and
Whereas, Licensee desires to exercise certain rights and privileges upon public right-of-
way located within the Property; and
Whereas, Licensor desires to grant Licensee certain rights and privileges upon public
right-of-way within the Property; and
NOW, THEREFORE, it is agreed as follows:
I. License
1.1 Licensee shall have the right to install, construct, operate, maintain and repair drainage
improvements in the form of a perforated PVC pipe, upon public rights-of-way located
within the Property, in accordance with Exhibit "A," subject to all conditions recited
herein
1.2 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.
1.3 It is further understood that before the installation of any of the current or subsequent
improvements depicted in Exhibit "A," Licensee shall present a detailed plan to the
Development Services Manager for review and approval. Approval of any plan shall be
solely within the discretion of the Development Services Manager.
1.4 It is further understood that Licensee most comply with all other requirements of the
Code of Ordinances of the City of Round Rock, Texas.
1.5 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 kind
associated with any improvet(rents.
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0-&k -a0� 5 --119
1.6 It is further understood that the Licensee is responsible for repair of any damage done
directly or indirectly to public infrastructure, including but not limited to, damage to
sidewalk, backfill, curb, subgrude or asphalt.
11. Consideration
2.1 In consideration for this license, Licensee shall pay Licensor $10.00 and other good and
valuable consideration.
III. Nonassignability
3.1 The license granted in this Agreement is personal to Licensee or any other 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.
IV. Terminable at Will
4.1 This Agreement is terminable by either party at will by the giving of actual notice to the
other party. Upon termination, any improvements to the Property, at Licensor's option
exercised in writing, will become the property of Licensor and it is agreed that Licensor
will not reimburse Licensee for any costs expended for said improvements.
V. Indemnity
5.1 Licensee shall comply with the requirements of all applicable laws, rules and regulations,
and shall indemnify and hold hannless 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.
VI. Release
6.1 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.
VII. Venue
7.1 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.
VIII. Notice
8.1 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: AMFP II BARTZ LLC
420 Lexington Avenue #2821
New York, NY 10170
IN W SS WHEREOF, this AGREEMENT is executed on this % day of
Q , 2015.
(Signalures on the following page.)
OWNERS
AMFP II Bartz LLC,
By:
&'�� Lyden, President
Date: 1 4 k 115
CITY OF ROUND ROCK, TEXAS
By:l'l'3A-'Ikn LO&,("OL/
3Yya %— aw ms, Rist. UA 14 Mo e(
Date: d �— a / — aD! s
STATE OF p&w "
COUNTY OF /,�
This instrument was acknowledged before me on this zk�� day of Nr , 2015,
by Gregory Lyden, Vice President of AMFP 11 Bartz, LLC, whose name is su k' d to the
preceding instrument, and acknowledged to me that he executed it for the purposes and
consideration expressed in it.
Notary Public in and a State of f M ilwk
MICHAELANDEKMAN
NotaryPublk 8fateoFNewYNk
No.OIA1618M
Quallfiedin New YorkC
Commission Expires JunetQ 6
3
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this'day of CLAQrij 2015,
by Laurie Hadley, City Manager of the City of Round Rock, in the capacity anfor the urposes
and consideration therein indicated.
L",, ern, ooc —
Notary Public in and for the State of Texas
"`,:.1"s SARIDON CHAMBLESS
8"P`' Notary Pudip. Sbte of Texas
`"- fay Commi~ Exphes
�� M: MaY 17, 1016
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