CM-2023-068 - 4/7/2023 ELECTRONICALLY RECORDED 2023028664
Williamson County,Texas Total Pages: 12
MAINTENANCE AGREEMENT TO MAINTAIN PRIVATE STREET LIGHT SYSTEM
ALONG COLLEGE PARK DRIVE
The following MAINTENANCE AGREEMENT entered into by and among the CITY OF
ROUND ROCK, TEXAS (City), and AVERY CENTRE MASTER ASSOCIATION, INC.
(Owner) outlines and sets forth the responsibilities and obligations of the Owner regarding the
operation and maintenance of infrastructure located within and along certain property owned by
the City.
WHEREAS, the parties acknowledge that they previously entered into a License
Agreement, recorded in Document No.2020104284 of the Official Public Records of Williamson
County,Texas, for the Owner to install and maintain landscaping,irrigation and streetlights within
and along College Park Drive in Round Rock, Williamson County,Texas; and
WHEREAS,the private streetlight system has been installed immediately above the City's
water and re-use water mains(collectively referred to as"water mains"); and
WHEREAS, the parties desire to enter into this separate Maintenance Agrecinent to set
forth the Owner's responsibilities for the maintenance of the Owner's private streetlight system in
and along College Park Drive; and
WHEREAS, parties agree that the above statements are not mere recitals, but are
contractual in nature;
City and Owner acknowledge and agree to the following terms and conditions:
ART. 1. MAINTENANCE
1.1 Owner's Duty to Perform Maintenance. Owner shall have the duty and obligation to
maintain its private streetlight system as shown on Exhibit "A," incorporated hercin by
reference for all purposes.
1.2 If poles, pole foundations, lights,or private circuit electric lines(collectively referred to as
"Street Lights") are removed or damaged by the City in efforts related to the repair or
maintenance of the water mains along the east and west sides of College Park Drive, it shall
be the sole responsibility of the Owner to replace any damaged or removed Street Lights.
1.3 If locks are placed on the electric panels that are necessary to de-energize the circuits that
feed the Street Lights, City shall receive the key or combination from the Owner
immediately after installation or said locks. If the City does not have or cannot find the
key or combination to the lock, the City may cut the lock to access the switches in the
panel. It is the responsibility of the Owner to replace panel door looks, as necessary, if
they are cut by the City, and provide the City with any replacement keys to said locks.
2023028684 Page 2 of 12
1.4 Revegetation and repair of irrigation system pipes or components directly related to City
water mains repair shall be the responsibility of the Owner.
1.5 Power Shutoff Protocol. In the event of an emergency water mains shutoff deemed
necessary by the City under the Street Lights, City repair crews may shut power off to the
circuit around which the emergency maintenance or repair work is considered necessary
by the City in the manner set forth below.
1.5.1 Shutoff. Shut off the power at the circuit panel by the numbered circuit.
(See Exhibit"A"- Private Streetlight Circuit Map)
1.5.2 Excavation. Using the Private Streetlight Circuit Map (Exhibit "A"') the
City shall ensure the correct circuit is de-energized before excavating.
1.5.3 Removal of Lights.Using the Private Streetlight Circuit Map(Exhibit"A")
the City shall ensure the correct circuit is de-energized before removing the
light pole and foundation.
ART.2
RIGHT TO ACCESS
2.1 City shall have a right to access the Street Lights, as needed, which shall include free and
interrupted ingress and egress for persons, vehicles and equipment necessary for said
access.
ART.3
INDEMNIFICATION
3.1 Indemnification. The Owner shall indemnify, defend, keep and hold harmless, the City,
its agents, officials, and employees against all suits or claims of any kind whatsoever
arising out for or by reason of any negligent or willful act of the Owner in the performance
of the Owner's obligations set forth in this Agreement.
3.2 The Owner shall indemnify,defend, keep and hold harmless,the City, its agents,officials,
and employees against all suits or claims of any kind whatsoever arising out for or by
reason of any negligent or willful act of the City related to repair or maintenance of the
City water mains.
ART. 4.
TERMINATION
4.1 Termination for Convenience.City may terminate this Agreement forconvenience of the
City,upon thirty (30)days' written notice to Owner.
4.2 Default. Should Owner fail to fulfill any terra or condition of this Agreement, the City
shall provide Owner with written notice to cure or correct any default of the terms orthis
Agreement. The City shall, upon learning of any event of default of any term of this
Agreement, provide Owner with written notice allowing Owner fifteen (15) days to
correct or cure the identified default.
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2023028664 Page 3 of 12
If Owner fails to correct or cure the default within the fifteen (15) day period, the City
may at its sole discretion terminate this Agreement and the License Agreement
recorded in Document No. 2020104284 of the Official Public Records of Williamson
County, Texas. If the City terminates this Agreement or the License Agreement, Owner
shall have ninety (90) days to relocate the Street Lights at least 7.5 feet away from the
center line of any City-owned utilities.
4.3 City Remedies Due to Default. If Owner fails to cure or take corrective action to cure a
default as specified in this Article, the parties expressly agree that no claims or disputes
between the parties arising out of or relating to this Agreement or a breath thereof shall
be decided by any arbitration proceeding. Any legal action brought by the City with
respect to the enforcement of any or all terms or conditions set forth herein shall be
determined by a court Of Competent jurisdiction.
ART 5.
GENERAL TERMS AND CONDITIONS
5.1 Entire Agreement. The entire agreement between the City and Owner with regard
to maintenance responsibility of the Street Lights is set forth within this instrument.
Any modifications or amendments to this Agreement must be in writing and approved
by the City and Owner. The parties expressly agree that no oral agreements,
statements, discussions or communications shall be effective in amending any
provision set forth within this Agreement,
5.2 Venue. Venue for any legal action to construe or enforce the terms of this Agreement
shall lie exclusively in Williamson County,Texas.
5.3 Waiver. The waiver by City of any breach of any provision of this Agreement shall
not constitute a continuing waiver or a waiver of any subsequent breach of the same or a
different provision of this Agreement.
5.4. No Representations. Owner has not relied upon any representation by the City, or by
any agent, employee, representative, official, elected representative, or attorney of the
City in entering into this Agreement.
5.5. Time is of the Essence. As for any notice periods and time periods during which Owner
must cure any identified defaults of this Agreement, time is expressly declared to be of
the essence in this Agreement.
5.6. Binding on Heirs and Assigns. All provisions of this Agreement shall extend to and
bind, or inure to the benefit not only or the parties to this lease but to each and every
one of the heirs, executors, representatives, successors, and assigns of each party to this
Agreement,
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2023028664 Page 4 of 12
5.7. Rights and Remedies Cumulative. The rights and remedies set forth within this Agreement
are cumulative and the use orany one right or remedy by either party shall not preclude or
waive its right to use any oral]other remedies. Said rights and remedies are given in addition
to any other rights the parties may have by law,statute,ordinance,or otherwise.
5.8 Legal Construction. In case anyone or more of the provisions contained in this agreement
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provision hereof and this
agreement shall be construed as if such invalid, illegal,or unenforceable provision had never
been contained herein.
(Signatures on Following Page)
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2023028664 Page 6 of 12
CITY;
0
CjVi-0 R
. YUNDROCK,TEXAS
By) Llo'eu e A.A �
Pity h A......
Da.- d3L
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF W[LLIAMSON §
ION
This instrument was acknowledged before me on this P ``day of 2023,byho
�,Dty Manager of the City of Round Rock, in the capacity and for the purposes and consideration
therein inNftated.
WNIQUEADW S' t v
MYNO"ID9112829913
-Ere
1:11 14Q1110" EVU"Mw-022.2026 Printed Narnc
Notary Public, State of
2023028664 Page 6 of 12
OWNER:
AVERY CENTRE MASTER ASSOCIATION, INC.
A Texas nonprofit corporation
By: I'k, '3
Prikdd Name:
Its P
Date Signed: at 7,"Z-
ACKNOWLEDGMENT
THE STATE OF le&si §
COUNTY OF VIIII'lamsor) §
This instrument was acknowledged before me on this 0911;ce� month
of MOLY-CA) al! day of the
2023, by John S 13VP—YIA (Name), den A-
(Title), of
Avery Centre Master Association,Inc.,a Texas nonprofiticorporation,known by me to be the person whose
name is subscribed to the foregoing instrument,and acknowledged to me that he executed the same as the
act and deed of and on behalf of said entity and in the capacity and for the purposes and consideration
therein expressed.
Macias
nature
tsmyie,
WMALUPE MACM Printed Name
Myr
ID#J�T09
EVIM Maft
Notary Public, Slate of
6
2023028664 Page 7 of 12
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2023028664 Page 12 of 12
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2023028664
Pages: 12 Fee: $82.00
04/12/2023 11:28 AM
MBARRICK
Nancy E. Rister, County Clerk
Williamson County,Texas
City of Round Rock
IROUNIO)ROCK
TU
--PTEXA5 Agenda Item Summary
Agenda Number:
Title: Consider executing a Maintenance Agreement with Avery Centre Master
Association,Inc.for the maintenance of a private street light system along
College Park Drive.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/7/2023
Dept Director: Brad Wiseman,Director of Planning and Development Services
cost: $0.00
Indexes:
Attachments: College Park Roadway-230331 Maintenance Agreement streetlights,College
Park Dr FOR LAP
Department: Planning&Development Services
Text of Legislative File CM-2023-068
This is a maintenance agreement for private light poles that were installed directly above City Water and
Reuse mains. This document clarifies that the City can remove the lights to access its mains and that the
owner of the lights is responsible for reinstalling the lights should they be removed. The document also
has an emergency shutdown procedure for City water line maintenance crews should they need to
de-energize any circuit of the street lights for access to the water and reuse mains.
City of Round Rock page.1 Of 1