R-00-04-27-12D11 - 4/27/2000ATTEST:
RESOLUTION NO. R- 00- 04- 27 -12D11
WHEREAS, La Frontera Lodging Partners, L.P. has requested
permission to maintain, repair, replace and modify a 150 foot segment
of storm water line located within and under its property, and
WHEREAS, the City Council wishes to grant said request and enter
into a License Agreement with La Frontera Lodging Partners, L.P., 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 La Frontera Lodging
Partners, L.P. for the right to maintain, repair, replace and modify a
150 foot segment of storm water line located within and under its
property, a copy of which is attached hereto 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, and the Act.
RESOLVED this 27th day of Apr 00.
RO =ERT A. STLUKA, ., Mayor
• City of Round Rock, Texas
E LAND, City Secretary
K \WP➢OCS \REsOLVCI \ROOa27L.11 /sc
Date: /- p /L ' 7 , 2000
Licensor: City of Round Rock
Licensor's Mailing Address: 221 East Main Street
Round Rock, Texas 78664
Licensee: La Frontera Lodging Partners, LP
Licensee's Mailing Address: c/o Winegardner & Hammons, Inc.
4243 Hunt Road
Cincinnati, Ohio 45242
Property:
LICENSE AGREEMENT
copY
Lot 3, Block D, La Frontera Section III -B, a subdivision in Round
Rock, Williamson County, Texas, according to the map or plat
thereof recorded in Cabinet S, Slides 69 -76 of the Plat Records of
Williamson County, Texas.
License Area: The area indicated as "License Area" on Exhibit A attached hereto.
License:
The non - exclusive right to use the License Area to access the
approximately 150 feet of storm water line (the "150 Foot Segment ")
located within and under the License Area to maintain, repair, replace and
modify the 150 Foot Segment, the 150 Foot Segment being a part of a
longer storm water drainage line extending westward from the Property
(the "Storm Water Drainage Line ").
Consideration: Ten and No /100 Dollars ($10.00).
1. Grant of License. For the consideration Licensor grants to Licensee, its
successors and assigns, the License for a term beginning on the date hereof and continuing until
ten (10) days after written notice from Licensor to Licensee of Licensor's desire to terminate the
License. Licensee may take any and all actions that Licensee in its sole and absolute discretion
deems reasonably necessary or appropriate to maintain the 150 Foot Segment, so that there will
be no interference, interruption or disruption m the storm water drainage from the Property into
the portion of the Storm Water Drainage Line that is not a part of the 150 Foot Segment.
2. Character of License. The License granted is appurtenant to and shall run with
the Property whether or not the License is referenced in any conveyance of the Property.
3. Licensee's Responsibility. Licensee accepts full and complete responsibility for
the maintenance and operation of the 150 Foot Segment during the term of the License.
4. Licensor's Responsibility. Licensor accepts full and complete responsibility for
the maintenance and operation of all of the Storm Water Drainage Line save and except for the
150 Foot Segment.
5. Maintenance and Operation upon Termination. Upon the termination of this
License, Licensor will accept full and complete responsibility for the maintenance and operation
of the 150 Foot Segment so that there shall be no interruption in storm water drainage from the
Property through the Storm Water Drainage Line.
6. Indemnification. Licensee assumes all liability, and agrees to hold Licensor
harmless from any injury or damage to any person or property of such persons or other claim for
damage occurring on or about the License Area in connection with Licensee's actions.
7. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the parties hereto ad their respective heirs, executors, representatives, successors and assigns
where permitted by this Agreement.
8. Choice of Law. This Agreement shall be subject to and governed by the laws of
the State of Texas, excluding any conflicts -of -law rule or principle that might refer the
construction or interpretation of this Agreement to the laws of another state. Each party hereby
submits to the jurisdiction of the state and federal courts in the State of Texas and to venue in the
county or counties in which the License Area is situated.
9. Legal Construction. In case any one or more of the provisions contained in this
Agreement shall for any reason be invalid, illegal or unenforceable in any respect, to the extent
such invalidity or unenforceability does not destroy the basis of the bargain among the parties,
such invalidity, illegality or unenforceability shall not affect any other provisions thereof, and
this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never
been contained herein. Whenever required by the context as used in this Agreement, the singular
number shall include the plural and neuter shall include the masculine or feminine gender, and
vice versa. Section headings appearing in his Agreement are for convenient reference only and
are not intended, to any extent or for any purpose, to restrict or define the text of any Section.
This Agreement shall not be construed more or less favorably between the parties by reason of
authorship or origin of language.
When the context requires, singular nouns and pronouns include the plural.
LICENSOR:
City of Round Rock
2
STATE OF TEXAS §
COUNTY OF W IL.LIAIMON §
STATE OF TEXAS
COUNTY OF
CHRISTINE R. MARTINEZ
MY COMMISSIOY !WIRES
August 5, 2001
LICENSEE:
La Frontera Lodging Partners, LP
By: La Frontera Hotel LLC, General Partner
By:
name:
title:
t!v
This documents was acknowledged before me on the Oi day of
2000 by 8.0136 7 R. 5TC lli 4 ATP. , /1714 y0/L , of the City of Round
Rock, a MUN IC IPAL /71/ , on gehalf said 171UNIC /0LIT y.
,e
NOTARY PUBLIC In and for the State of Tex
This documents was acknowledged before me on the day of
2000 by of La Frontera
Hotel LLC, General Partner of La Frontera Lodging Partners, LP, a , on
behalf of said partnership.
NOTARY PUBLIC In and for the State of Texas
3
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0.102 Acre Tract
Page 1 of 2
DESCRIPTION
FOR A 0.102 ACRE (4,426 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
J. M. HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF LOT 2, BLOCK D, LA FRONTERA, SECTION IIIB,
AS RECORDED IN CABINET S, SLIDES 69 - 76 OF THE PLAT RECORDS OF
SAID COUNTY, ALSO BEING A PORTION OF LOT 5, BLOCK D, OF SAID
SUBDIVISION, SAID 0.102 ACRE (4,426 SQUARE FOOT) TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING on the southerly line of said Lot 2, same being on the northerly line of said
Lot 5, same being a point on the westerly line and POINT OF BEGINNING hereof, from
which point, a 'A" iron rod set on the southwest corner of said Lot 2, being the northwest
corner of said Lot 5 bears S 67° 53' 21" W for a distance of 260.00 feet;
THENCE through the interior of said Lot 2 the following two (2) courses and distances:
1) N 22° 06' 39" W for a distance of 15.00 feet to the northwesterly corner hereof;
2) N 67° 53' 21" E for a distance of 147.96 feet to the easterly line of said Lot 2, same
being the westerly line of Lot 3, Block B, of said Subdivision, sane being the
northeasterly corner hereof;
THENCE with the westerly line of said Lot 3, same being in pan with the easterly line of
said Lot 2 and the easterly line of said Lot 5, S 20° 30' 58" E for a distance of 15.00 feet
passing a Ya" iron rod set on the southeasterly corner of said Lot 2, same being the
northeasterly corner of said Lot 5, continuing for a total distance of 30.01 feet to the
southeasterly confer hereof;
1
EXHIBIT
Page _L_ of 3
MK NU, 51'Ld'L'Lb143 1'. Ufi /Ut3
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0.102 Acre Tract
Page 2 of 2
THENCE through the interior of said Lot 5, the following two (2) courses and distances:
1) S 67° 53' 21" W for a distance of 147.13 feet to the southwesterly comer hereof;
2) N 22° 06' 39" W for a distance of 15.00 feet to the POINT OF BEGINNING and
containing 0.102 acre (4,426 square feet) of land.
Surveyed under the direct supervision of the undersigned:
Donald J. Kirb
Registered Pro sional Land Surveyor No
BAKER- AICKLEN & ASSOCIATES, IN
203 E. Main Street, Suite 201
Round Rock, Texasi78664
(512) 244 -9620 ,
min NU. Nedeet314d r.uuua
Job No.: 1000. 701-85 File Name wAPROJECTS‘UAFRONTSKETCHESN3sa£asementBbckD.doo
EXBIBrr$_
Page of 3
0 (-1 Zoo
Dated
NUMBER
DIRECTION
DISTANCE
LI
N 22 ° 06'39" W
15.00'
L2
S 20 °30'58" E
30.01'
L3
N 22 °06'39" W
15.00'
Y
AS PREPARED BY
DONALD J. KIRBY, R.P.L S. 12508
203 E. MAIN. SUITE 201
ROUND ROCK. TX 78664
SKETCH TO ACCOMPANY DESCRIP'ION
S 67 153'21" W 260.00'
LEGEND
0 1/2" IRON ROD SET
LOTH
DAT
P01NT OF
BEGINNING
LOT 5
DONALD J. KIRBY
N 67 °53'21" E 147.96'
< 1, " #2508
; Fass�O.4 - \
S 11
`✓ DATE: MARCH, 2000
J08 N0: 1000- 501 -18
BY: M. NOLEN
SCALE: 1" = 60'
LOT 3
M
0
B ak e cI.t.. !Brion
6 A .
engineers/surveyors
FILE NAME: W: \PROJECTS \LAFRONT \SKETCHES \MISC \ESMTBLKO. DWG
PLOT OATE: 04/13/00
DATE: April 21, 2000
SUBJECT: City Council Meeting — April 27, 2000
ITEM: 12.D.11. Consider a resolution authorizing the Mayor to execute a license
agreement with La Frontera Lodging Partners, LP regarding the
maintenance of a store: water line. Staff Resource Person: Jim
Nuse, Public Works Director.