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R-02-04-25-11C4 - 4/25/2002RESOLUTION NO. R -02-04-25-11C4 WHEREAS, the City of Round Rock, Texas is the owner of the public right-of-way located along Creek Bend Boulevard and Sam Bass Road, and WHEREAS, the Woods Homeowner's Association desire to exercise certain rights and privileges in the public right-of-way located along Creek Bend Boulevard and Sam Bass Road, 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 Woods Homeowner's Association for the right to install landscaping and irrigation systems in, over and upon the public right-of-way located along Creek Bend Boulevard and Sam Bass Road, 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 25th day of Ap ATTEST: ROB A. STLUKA, JR . , Mayor City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary ::DDMA\WORLDOX\O:\WDOX\RESOLUTI\R20425c4.WPD/sc LICENSE AGREEMENT This Agreement is made this day of 2002, by and between the CITY OF ROUND ROCK, (hereinafter "Licensor"), a Texas home rule municipality, and the WOOD HOMEOWNER'S ASSOCIATION, (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 "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 Licensee must comply with all other requirements of the Code of Ordinances of the City of Round Rock, Texas. @PFDesktop\::ODMA/WORLDOX/O:/WDOX/CORA/GNL/LICENSE/WOODHOME/000221E9.WPD/cdc a EXHIBIT " A " 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. 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. 2. 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: CITY: City of Round Rock ATTN: City Manager 221 East Main Street Round Rock, Texas 78664 COMPANY: Melissa Watson WOOD HOMEOWNER'S ASSOCIATION 1706 White Oak Loop Blvd. Round Rock, Texas 78681 3. IN WITNESS WHEREOF, this AGREEMENT is executed on this day of , 2002. CITY OF ROUND ROCK By: ROBERT A. STLUKA, JR., Mayor WOOD HOMEOWNER'S ASSOCIATION By: nted Name:_) itle: 4. 4`.'°61 24/0'4 STATE OF TEXAS COUNTY OF WILLIAMSON § BEFORE ME, the County and state undersigned, a notary JR., as Mayor of the day personally appeared public in Municipality, on be CITY OF ROUND OC , a ROBERT A or said Menson Municipality, half of said ROCK, a TexasSTLUKA, acknowledgedname is subscribed municipality, Rome Rule to me the y' known tos me to consideration therein he executed foregoing be the 9 instrument Given herein expressed. the same for the purpose and under my hand and seal day of of office 2002. on this the STATE OF TEXAS COUNTY OF � WILLIAMSON § § NOTARY PUBLIC the State of 1n and for Texas BEFORE ME, the county and enders' President state, on this undersigned, a notary public in and association, known to WNER S y appeared for said to ASSOCIATION on JOHN LATCHFORD, the foregoing behalf executed g instrumte be the person whose of said expressed the same for theta and acknowledged is subscribe purpose to me d and ged that he consideration therein Given udn yro fmy hand and seal UY NOTA • �� � ► �. � Y�� �' PUBLIC in and for the State of Texas After Recording, Please Return To: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 of office 2002. on this the I - z Cw G w w Q 0 - Q I- w CC) = z X w LU U -J U) 0 0 0 DATE: April 19, 2002 SUBJECT: City Council Meeting — April 25, 2002 ITEM: *11.C.4. Consider a resolution authorizing the Mayor to execute a License Agreement with the Woods Homeowner's Association for the right to install landscaping and irrigation systems in the public right-of-way located along Creek Bend Boulevard and Sam Bass Road. Resource: Joe Vining, Planning Director History: This license agreement will implement the agreements pertaining to landscaping and beautification pursuant to the Woods Subdivision. Funding All installation and maintenance costs pertaining to the agreement will be the responsibility of the homeowner's association. Cost: N/A Source of Funds: N/A Outside Resources: None. Impact: N/A Benefit: Physical beautification of the present residential community and enhancing the visual characteristic of residential living in the City of Round Rock. Continued maintenance of landscaping and irrigation in the city right-of-way. Public Comment: None required. Sponsor: Planning and Community Development Department EXECUTED DOCUMENT FOLLOWS LICENSE AGREEMENT This Agreement is made this o(0- day of 2002, by and between the CITY OF ROUND ROCK, (hereinafter "Licensor"), a Texas home rule municipality, and the WOOD HOMEOWNER'S ASSOCIATION, (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 "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 Licensee must comply with all other requirements of the Code of Ordinances of the City of Round Rock, Texas. @PFDesktop\::ODMA/WORLDOX./O:/WDOX/CORK/GNL/LICENSE/WOODHOME/090221F9.WPD/cdc 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. 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 sucr. 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. 2. 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 rhe follcwing addresses: CITY: City of Round Rock ATTN: City Manager 221 East Main Street Round Rock, Texas 78664 COMPANY: Melissa Watson WOOD HOMEOWNER'S ASSOCIATION 1706 White Oak Loop Blvd. Round Rock, Texas 78681 3. IN ITNESS WHEREOF, this AGREEMENT is executed on this O 5th day of , 2002. CITY OF :.UND ROCK By. ROB A. STL A, JR.,a or WOOD HOMEOWNER'S ASSOCIATION By: 4. 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 ROBERT A. STLUKA, JR., 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. Gi under my hand, nd seal of office on this the day of , 2002. 211, 21 CHRISTINE R. MARTINEZ MY COMMISSION EXPIRES AWV August 28, 2005 STATE OF TEXAS COUNTY OF WILLIAMSON § 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 JOHN LATCHFORD, President of WOOD HOMEOWNER'S ASSOCIATION, on behalf of said association, 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. riven under my hand and seal of office on this the day of , 2002. VIRGINIA M. MORENO MY COMMISSION EXPIRES January 11, 2004 SIL LAA.v 0 h , Y OLL NOTA' PUBLIC in and for the State of Texas After Recording, Please Return To: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 5. ~ / � ~\ '~' � / -.�- -_' ~- / / / L_ . ' . _ /` / / / �/-`-f .-.~-~ -/ / / ! 1 -^-_ / / / -~-. / ' ' ~- / / / / ) / / / / / ON38 )133sei0 /