R-00-08-10-10A4 - 8/10/2000October 3, 2000
Ms. Kathy K. Binford
Village at Warner Ranch, P.U.D., L.P.
C/o The Hanover Company
5847 San Felipe, Suite 3600
Houston, Texas 77057
Dear Ms. Binford:
The Round Rock City Council approved Resolution No. R- 00- 08- 10 -10A4 at their
regularly scheduled meeting on August 10, 2000. This resolution approves the agreement
to install and maintain landscaping in, over and upon the public right -of -way located
along Warner Ranch Drive.
Enclosed is a copy of the resolution and license agreement for your files. If you have
any questions, please do not hesitate to contact Joe Vining at 218 -5415.
Sincerely,
Christine Martinez
Assistant City Secretary
Enclosures
COPIES
DATE
NO.
DESCRIPTION
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BAKER - AICKLEN
& ASSOCIATES. INC.
Engineers /Surveyors
WE ARE SENDING YOU ❑ Attached
❑ Shop drawing ❑ Prints
❑ Copy of letter ❑ Change order
THESE ARE TRANSMITTED as indicated:
COPY TO ) lte
Copies DNtnbutlon: White - Client, Yeflow- Conlracl/Cortes., Pink- Design Notes. Gold - General.
203 East Main Street, Suite 201
11211E 3 00; TAAM 1044Qd
❑ Plans
❑ Copies
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❑ As requested
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DATE
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JOB NO.
ATTENTION
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the following items:
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❑ Specifications
❑ For approval 0 For your use
REMARKS*
❑ For your review and comment
If enclosures are not as noted, dndly notity us at once.
• Round Rock, Texas 78664 Phone: 512/244 -9620 FAX: 512/244 -9623
RESOLUTION NO. R- 00- 08- 10 -10A4
WHEREAS, the City of Round Rock, Texas is the owner of the public
right -of -way located along Warner Ranch Drive within the subdivision
known as Warner Ranch Subdivision, Phase I -A, and
WHEREAS, Village at Warner Ranch, P.U.D., L.P., desires to
exercise certain rights and privileges upon the unpaved portion of the
public right -of -way located along Warner Ranch Drive, 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 Village at Warner Ranch,
P.U.D., L.P. for the right to install and maintain landscaping in, over
and upon the public right -of -way located along Warner Ranch Drive, 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.
K� \WPDOCS \RESOLUTI \R00010A4 .WPD /Ec
ATTEST:
RESOLVED this 10th day of August, 2000.
E LAND, City Secretary
2
City of Round Rock, Texas
LICENSE AGREEMENT
This Agreement is made this $ A. day of 12, -A ,
2000, by and between the CITY OF ROUND ROCK, (h reinafter
"Licensor "), a Texas home rule municipality, and VILLAGE AT WARNER
RANCH, P.U.D.,L.P., (hereinafter, "Licensee ").
Whereas, Licensor is the owner of the real property
(hereinafter, "Property "), which is the public right -of -way known
Warner Ranch Road, as depicted on the Warner Ranch Phase 1 -A Plat
recorded in Cabinet S, Slide 25, Plat Records, 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;
NOW, THEREFORE, it is agreed as follows:
1. Licensee shall have the right to install, construct,
operate, maintain, upgrade, and repair landscaping, lighting,
irrigation, and decorative paving in, over and upon and within the
Property.
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.
Licensee has presented detailed landscaping plans to the
Director of Planning and the Director of Public Works for review
and approval, and said plan has been approved by both the Director
of Planning and Public Works.
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.
CATEXT \ROUNOROC \License \WARNER.vpd /cdc
License
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 in all or part by either party
at will by the giving of thirty (30) days actual notice to the
other party. Upon termination, the Licensee retains the right to
remove all of Licensee's Improvements from the Property or relocate
such improvements for a period of 30 days. All of Licensee's
Improvements that remain on the Property 30 days following actual
notice of termination will become the property of Licensor and it
is agreed that Licensor will not 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: VILLAGE AT WARNER RANCH, P.U.D.,L.P.
c/o The Hanover Company
5847 San Felipe Suite 3600
Houston, Texas / /US/
Attn: Kathy K. Binford
IN WITNESS WHEREOF, this AGREEMENT is executed on this a oo/ 7 �
day of ak6 0��s� , 2000.
3.
LICENSOR:
R•' •ert
Mayor
LICENSEE:
BY:
ITS:
OF ROUND ROCK
A. Stluka,
VILLAGE AT WARNER RANCH, P.U.D.,L.P.
By THC /Southwest Division Limited Partnership
By Hanover G.P. LLC
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 STLUKA, 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.
l iven under my Aland an seal of office on this the
741 day of LW d , 2000.
CHRISTINE R. MARTINEZ
MY COMMISSION EXPIRES
August 5, 2001
STATE OF TEXAS
COUNTY OF 2 41 5
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% 0 .� ¢ SHIRLEY BANKS ROBINSON
S NOTARY PUBLIC, STATE OF TEXAS
`y MY COMMISSION EXPIRES
MARCH 16, 2003 ti
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NOTARY PUBLIC in and for
the State of Texas
BEFORE ME, the undersigned, a notary public in and for said
coumy w p state, on this ' /day personally appeared
ff 4i-k y /L • /7rC� as V1 e- P r e 5 /,/eit
for / a.,o ver (. 1) . L L G * , known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me
that she executed the same for the purpose and consideration therein
expressed.
Given under my hand and seal of office on this the
`
r7 2 day of /�(q�gt �f— , 2000.
5.
c I4 / 0a)
NOTARY LIC in and for
the Stfte of Texas
*, a Texas limited liability company as general partner of THC /Southwest Division
Limited Partnership, a Texas limited partnership, as general partner of Villages
at Warner Ranch PUD, LP, a Delaware limited partnership, on behalf of said partnership
Date: August 4, 2000
Subject: City Council Meeting — August 10, 2000
Item: 10.A.4. Consider a resolution authorizing the Mayor to execute a License
Agreement for landscaping in the right -of -way for Village at
Warner Ranch, P.U.D., L.P. (Delaware Limited Partnership). This
License Agreement grants the owner the right to install and maintain
landscaping in the City's right of way. Applicant: Ed Hamilton.
Staff Resource Person: Joe Vining Planning Director.
WARNER RANCH LICENSE AGREEMENT