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R-00-12-14-13C1 - 12/14/2000RESOLUTION NO. R- 00- 12- 14 -13C1 WHEREAS, the City of Round Rock, Texas is the owner of the public right -of -way located along Wyoming Springs Drive, Behrens Parkway, and Creek Bend Boulevard, and WHEREAS, the Behrens Ranch Master Association, Inc. desires to exercise certain rights and privileges in the public right -of -way located along Wyoming Springs Drive, Behrens Parkway, and Creek Bend Boulevard, 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 Behrens Ranch Master Association, Inc. for the right to install, construct, operate, maintain, upgrade, and repair landscaping, signage, lighting, irrigation systems, and alternative street paving in, over and upon the public right -of -way located along Wyoming Springs Drive, Behrens Parkway, and Creek Bend Boulevard, 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 K, \wPDOCS \K89OLITT3 \ROlalacl. WPD /ec upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 14th day of December, 2000. ROBERT A. STLUKA, JPY., Mayor ATTEST: City of Round Rock, Texas 7A JOANNE LAND, City Secretary 2 �•1 , ,49,ekbiL LICENSE AGREEMENT This Agreement is made this I� 1 ' day of 2000, by and between the CITY OF ROUND ROCK, (hereinafter "Licensor "), a Texas home rule municipality, and the BEHRENS RANCH MASTER ASSOCIATION, INC., (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: 1. Licensee shall have the right to install, construct, operate, maintain, upgrade, and repair landscaping, signage, lighting, irrigation systems and alternative street paving 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. Additionally, Licensee shall submit a detailed sidewalk plan 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. It is further understood that Licensor has no duty to maintain, operate, replace, upgrade, or repair any improvement in c: \TBXT \AOD"D&UG \License \Lhehrene ranch.WPD /cdc License 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. 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 2. 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: Attn: Peter T. Brown Asset Manager Developers Diversified Realty 3300 Enterprise Parkway Beachwood, Ohio 44122 Attn: Frank Oberlin Behrens Ranch Master Association 1004 Mopac Circle, Suite 201 Austin, Texas 78746 IN WITNESS WHEREOF, this AGREEMENT is executed on this )0 day of 1 ")Dlt , 2000. 3 CITY OF ROUND ROCK 4. BEHRENS RANCH MASTER ASSOCIATION, INC. 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. ��Given under my hand nd seal of office on this the 1""f • day of 4/47111.e,J , 2000. STATE OF TEXAS CHRISTINE R. MARTINEZ MY COMMISSION EXPIRES August 5. 2001 1 COUNTY OF WILLIAMSON ) BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally appeared Jim Meredith , as President for BEHRENS RANCH MASTER ASSOCIATION, INC. , 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. Given under my hand and seal of office on this the 14th day of November , 2000. 5. NOTARY PUBLIC in and for the State of Texas lh C (A luu 1 011-uO NOY PUBLIC in and for the tate of Texas VIRGINIA M.MORENO MY COMMISSION EXPIRES January 11, 2004 After Recording, Please Return To: Brown, McCarroll Sheets & Crossfield, L.L.P. 309 East Main Round Rock, Texas 78664 6. Min • oft • r 1 AP Exhibit `A' Beherns Ranch Landscaping, irrigatan,lighting, and slgnage In median area and R.O.W. of Wyoming Springs Drive, Behems Parkway, and along a segment of Creek Bend Blvd. DATE: December 8, 2000 SUBJECT: City Council Meeting — December 14, 2000 ITEM: 13.C.1. Consider a resolution authorizing the Mayor to execute a License Agreement with the Behrens Ranch Master Association, Inc. for the right to install landscaping, signage, lighting, irrigation systems, and alternate street paving in the public right -of -way located along Wyoming Springs Drive, Behrens Parkway and Creek Bend Boulevard This License Agreement grants the owner the right to install and maintain landscaping, signage, irrigation, alternative street paving and lighting in the City's right -of -way. Applicant: Frank Oberlin. Resource: Joe Vining, Planning Director Randy Gilbert, Senior Planner History: This license agreement will implement the agreements pertaining to landscaping and beautification pursuant to the site development of Behrens Ranch subdivision. Funding: All installation and maintenance costs pertaining to the agreement will be the responsibility of the property owner. Cost: Source of Funds: N/A Outside resources: N/A Impact: N/A Benefit: Physical beautification of a proposed residential community and enhancing the visual characteristic of residential living in the City of Round Rock. Continued maintenance of landscaping, signage, irrigation, alternative sidewalk / roadway paving and lighting in the city right -of -way. Public Comment: Public comments were received during the zoning and platting stages Sponsor: Planning and Community Development Department THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 2001003875 11 Pes I, JOANNE LAND, Assistant City Manager /City Secretary of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City and that the attached is a true and correct copy of Resolution No. R- 00 -12- 14-13C1 which was approved and adopted by the Round Rock City Council of the City of Round Rock, Texas, at a meeting held on the 14th day of December, 2000, as recorded in the minutes of the City of Round Rock in Book 44. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 11th day of January 2001. NE LAND, Assistant City Manager/ City Secretary RESOLUTION NO. R- 00- 12- 14 -13C1 WHEREAS, the City of Round Rock, Texas is the owner of the public right -of -way located along Wyoming Springs Drive, Behrens Parkway, and Creek Bend Boulevard, and WHEREAS, the Behrens Ranch Master Association, Inc. desires to exercise certain rights and privileges in the public right -of -way located along Wyoming Springs Drive, Behrens Parkway, and Creek Bend Boulevard, 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 Behrens Ranch Master Association, Inc. for the right to install, construct, operate, maintain, upgrade, and repair landscaping, signage, lighting, irrigation systems, and alternative street paving in, over and upon the public right -of -way located along Wyoming Springs Drive, Behrens Parkway, and Creek Bend Boulevard, 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 %3 \WPDOCS \RRSOLV1I \R01214C1 .WPD /BC upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 14th day of December, 2000. CiLbJ- ROBERT A. STLUKA, JR., Mayor ATTEST: City of Round Rock, Texas JOijNDTE LAND, City Secretary 2 LICENSE AGREEMENT This Agreement is made this I day of , 2000, by and between the CITY OF ROUND ROCK, (hereinafter "Licensor "), a Texas home rule municipality, and the BEHRENS RANCH MASTER ASSOCIATION, INC., (hereinafter, "Licensee ", whether one or more). NOW, THEREFORE, it is agreed as follows: C: \TUET \RODRDROC \License \lhehrens ranch."PD /cdc License 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 1. Licensee shall have the right to install, construct, operate, maintain, upgrade, and repair landscaping, signage, lighting, irrigation systems and alternative street paving 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. Additionally, Licensee shall submit a detailed sidewalk plan 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. 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. 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 2. 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: Attn: Peter T. Brown Asset Manager Developers Diversified Realty 3300 Enterprise Parkway Beachwood, Ohio 44122 Attn: Frank Oberlin Behrens Ranch Master Association 1004 Mopac Circle, Suite 201 Austin, Texas 78746 IN WITNES WHEREOF, this AGREEMENT is executed on this I� y1 day of , 2000. 3. CITY OF ROUND ROCK BEHRENS RANCH MASTER ASSOCIATION, INC. By: 4- •T A. STLUKA,•., Mayor STATE OF TEXAS COUNTY OF WILLIAMSON even STATE OF TEXAS CHRISTINE R. MARTINEEZ MY COMMISSION EXPIRES August 5, 2001 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. under my hand nd seal of office on this the day of p)vJ77,J,@/✓ , 2000. 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 Jim Meredith , as President for BEHRENS RANCH MASTER ASSOCIATION, INC. , 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. Given under my hand and seal of office on this the 14th day of November , 2000. 5. c u �u , d Y1 • u kO NO PUBLIC in and for the tate of Texas VIRGINIA M. MORENO 11 MY COMMISSION EXPIRES V January 11, 2004 After Recording, Please Return To: Brown, McCarroll Sheets & Crossfield, L.L.P. 309 East Main Round Rock, Texas 78664 6. Exhibit `A' Beherns Ranch III Landscaping, Irrigation,lighting, and signage in median area and R.O.W. of Wyoming Springs Nye, Beherns Parkway, and along a segment of Creek Bend Blvd. FILED MO RECORDED OFFICIAL PUBLIC RECORDS 01 -17 -2001` 02:18 PM 2001003875 ANDERSON $29.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS O CITY OF ROUND ROCK ADMINISTRATION 229 EAST MAIN STREET ROUND ROCK, TEXAS 78664 RESOLUTION NO. R- 00- 12- 14 -13C1 WHEREAS,the City of Round Rock, Texas is the owner of the public right -of -way located along Wyoming Springs Drive, Behrens Parkway, and Creek Bend Boulevard, and WHEREAS, the Behrens Ranch Master Association, Inc. desires to exercise certain rights and privileges in the public right -of -way located along Wyoming Springs Drive, Behrens Parkway, and Creek Bend Boulevard, 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 Behrens Ranch Master Association, Inc. for the right to install, construct, operate, maintain, upgrade, and repair landscaping, signage, lighting, irrigation systems, and alternative street paving in, over and upon the public right -of -way located along Wyoming Springs Drive, Behrens Parkway, and Creek Bend Boulevard, 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 1,\WP 'RESOUiTX RO1314C1.70/sc -___ --� I ' I � � I �� �� �� upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 14th day of December, 2000. ROBERT A. STLUKA, JR., Mayor ATTEST: City of Round Rock, Texas JOiNNE LAND, City Secretary 2 LICENSE AGREEMENT This Agreement is made this � . t 4 day of frtheA, 2000, by and between the CITY OF ROUND ROCK, (hereinafter "Licensor "), a Texas home rule municipality, and the BEHRENS RANCH MASTER ASSOCIATION, INC., (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: c: \TEXT \ROUNDROC \License \lbehrens ranch.R"n /cdc License 1. Licensee shall have the right to install, construct, operate, maintain, upgrade, and repair landscaping, signage, lighting, irrigation systems and alternative street paving 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. Additionally, Licensee shall submit a detailed sidewalk plan 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. 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. 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 2. 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. 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. 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: Venue Notice Attn: Peter T. Brown Asset Manager Developers Diversified Realty 3300 Enterprise Parkway Beachwood, Ohio 44122 Attn: Frank Oberlin Behrens Ranch Master Association 1004 Mopac Circle, Suite 201 Austin, Texas 78746 IN WITNES WHEREOF, this AGREEMENT is executed on this of day o , 2000. 3. IL~, CITY OF ROUND ROCK BEHRENS RANCH MASTER ASSOCIATION, INC. By: 4. .'.ri'. � iht 7 J . ._ •T A. STLUKA, A"• , Mayor P nted Name: T tle: ?.�f 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. 1 even t under my hand nd seal of office on this the day of fkr/ , 2000. CHRISTINE R. MARTINEZ M9 COMMISSION EXPIRES August 5, 2001 ) COUNTY OF WILLIAMSON ) STATE OF TEXAS BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally appeared Jim Meredith , as President for BEHRENS RANCH MASTER ASSOCIATION, INC. , 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. Given under my hand and seal of office on this the 14th day of November , 2000. 5. NOTARY PUBLIC in and the State of Texas NO PUBLIC in and for the" -tate of Texas After Recording, Please Return To: Brown, McCarroll Sheets & Crossfield, L.L.P. 309 East Main Round Rock, Texas 78664 6. � vow moo Exhibit `A' Beherns Ranch Landscaping, irrigation,lighting, and signage in median area and R.O.W. of Wyoming Springs Drive, Behems Parkway, and along a segment of Creek Bend Blvd. DATE: December 8, 2000 SUBJECT: City Council Meeting — December 14, 2000 ITEM: 13.C.1. Consider a resolution authorizing the Mayor to execute a License Agreement with the Behrens Ranch Master Association, Inc. for the right to install landscaping, signage, lighting, irrigation systems, and alternate street paving in the public right -of -way located along Wyoming Springs Drive, Behrens Parkway and Creek Bend Boulevard. This License Agreement grants the owner the right to install and maintain landscaping, signage, irrigation, alternative street paving and lighting in the City's right -of -way. Applicant: Frank Oberlin. Resource: Joe Vining, Planning Director Randy Gilbert, Senior Planner History: This license agreement will implement the agreements pertaining to landscaping and beautification pursuant to the site development of Behrens Ranch subdivision. Funding: All installation and maintenance costs pertaining to the agreement will be the responsibility of the property owner. Cost: Source of Funds: N/A Outside resources: N/A Impact: N/A Benefit: Physical beautification of a proposed residential community and enhancing the visual characteristic of residential living in the City of Round Rock. Continued maintenance of landscaping, signage, irrigation, alternative sidewalk / roadway paving and lighting in the city right -of -way. Public Comment: Public comments were received during the zoning and platting stages Sponsor: Planning and Community Development Department Mayor Robert A. Srluka, Jr. Mayor Pro -tem Earl M. Hairston Council Members Tom Nielson Carrie Pitt Earl Palmer Isabel Callahan Jimmy Joseph City Manager Robert L Bennett, Jr. City Attorney Stephan L Sheers CITY OF ROUND ROCK April 30, 2001 Mr. Frank Oberlin Behrens Ranch Master Association 1004 Mopac Circle, Suite 201 Austin, TX 78746 Dear Mr. Oberlin: 221 East Main Street Round Rock, Texas 78664 512 - 218 -5400 The Round Rock City Council approved Resolution No. R- 00- 12- 14 -13C1 at their regularly scheduled meeting on December 14, 2000. This resolution approves the License Agreement concerning the use of the right -of -way located along Wyoming Springs Drive, Behrens Parkway, and Creek Bend Boulevard. Enclosed is a copy of the resolution and agreement for your files. If you have any questions, please do not hesitate to contact Randy Gilbert at 218 -5429. Sincerely, Joanne Land Assistant City Manager/ City Secretary Enclosure Fax: 512 -218 -7097 1-800-735-2989 TDD 1-800-735-2988 Voice www.ci.round- rock.tx.us