R-01-05-10-13D7 - 5/10/2001ATTEST:
WHEREAS, the City of Round Rock, Texas is the owner of the public
right - of - way located along Jarrett Way and Parker Drive, and
WHEREAS, Dresser Industries, Inc. desires to exercise certain
rights and privileges in the public right -of -way located along Jarrett
Way and Parker 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 Dresser Industries, Inc.
for the right to install privately owned utility within the public
right -of -way located along Jarrett Way and Parker 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.
RESOLVED this 10th day of Ma
LAND, City Secretary
O.\ WPDOCS \RESOLUTI \R1051000.WP0/Oc
RESOLUTION NO. R- 01- 05- 10 -13D7
RO A. STLUKA, JR., Mayor
City of Round Rock, Texas
(b)
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
c. \Texr \exowcxs.xen /ikg
LICENSE AGREEMENT
That the CI1'Y OF ROUND ROCK, TEXAS, a municipal corporation ( "City" and
"Licensor"), the address of which is 221 East Main Street, Round Rock, Texas 78664, in
consideration of the agreements made herein by DRESSER INDUSTRIES, INC., a Delaware
corporation, the address of which is 3814 Jarrett Way, Austin, Texas 78728 ( "Licensee "), grants a
license to Licensee to install and maintain, at its expense, the following two (2) underground conduit
crossings, each containing two (2) conduits:
(a) Jarrett Way Crossing: one underground conduit crossing containing two (2) four -
inch (4 ") conduit pipes bored according to permit under the public right -of -way of
the 3815 block of Jarrett Way in the City of Round Rock, Williamson County, Texas,
in the Corridor Park Corporate Center, ( "Licensed Space "), as more particularly
described in Exhibit "A" attached hereto and incorporated herein for all applicable
purposes; and
Parker Drive Crossing: one underground conduit crossing containing two (2) four -
inch (4 ") conduit pipes bored according to permit under the public right -of -way of
the 200 block of Parker Drive in the City of Round Rock, Williamson County, Texas,
in the Corridor Park Corporate Center, ( "Licensed Space "), as more particularly
described in Exhibit "B" attached hereto and incorporated herein for all applicable
purposes; and
The City further grants a license to Licensee to install, maintain, repair, replace, remove,
operate and use within the Licensed Space, such underground conduits for conductor allowing ,
computer communication purposes.
1.
The granting of this license, and the issuance by the City of any related permits, shall not
constitute any abandonment by the City of any rights of any nature in the Licensed Space.
2.
Each of the two (2) underground conduit crossings will contain fiber optic cable bundle(s)
for computer communication purposes. Licensee shall be responsible for installation and
maintenance of the underground conduits.
3.
The Licensee agrees to hold harmless, defend and indemnify the City, its officers, agents, and
employees from and against any and all claims, causes of action, liabilities, or damages including
claims for contribution or indemnity arising directly or indirectly under or in any way connected to
or associated with the underground conduits, including but not limited to the installation,
maintenance, or removal thereof, for which this license is granted. Licensee shall indemnify City,
and for or on account of City to make defense against all claims for damages to persons or to
property alleged to have been caused through the negligent performance of any part of any work,
whether that default be asserted to have been in the performance of a duty of employees to the
owners of property or to the members of the public. Licensee shall be responsible to City for the acts
and omissions of all persons, firms or corporations directly or indirectly employed by Licensee in
connection with installation or maintenance of the underground conduit.
4.
All such construction, maintenance and operation shall be performed in accordance with the
directives and requirements of Licensor, or its duly authorized representatives. The plans and
specifications therefor have been approved by Licensor, or its duly authorized representatives, but
such approval does not and shall not relieve Licensee of responsibility and liability for concept,
design and computation in the preparation of such plans and specifications.
5.
The Licensee agrees that its use of the underground conduits is subject to the superior right
of the City and any public utility company to construct, repair, and maintain a public street,
sidewalks and utility systems within the street.
6.
In the event of emergency which threatens health, safety, and/or welfare of the public, the
City shall have the right to immediately remove the underground conduits from the Licensed Space,
and such removal shall be at no cost to the City.
7.
In the event that the City or any public utility company shall provide written notice to
Licensee that the underground conduits interfere with use of the street or interfere with construction,
repair, or maintenance of a utility system, the Licensee agrees to remove the underground conduits
from the Licensed Space, at its own expense, within forty-five (45) days of the date of notice by the
City or any public utility company. Promptly upon Licensee's receipt of such notice, however,
Licensee shall have the opportunity to meet with the City and both parties shall work in good faith
2
to reach a reasonable agreement as to relocation or other mutually agreeable arrangement to address
such interference with use of the street or for construction, repair, or maintenance of a utility system.
8.
A. This License shall begin on the date of execution of this License by Licensor and
Licensee, and shall continue in perpetuity unless terminated pursuant to this Paragraph 8.
B. If Licensee abandons the use of the Licensed Space for the purposes set forth in this
License for a period of twelve (12) consecutive months, then this License shall expire and terminate
following thirty (30) days' written notice to the Licensee.
C. This License may be terminated by Licensee by delivering written notice of termination
to Licensor not later than ninety (90) days before the effective date of termination.
D. This License may be revoked at any time by resolution of the Licensor's City Council
if such revocation is reasonably required by the public interest, after providing not less than thirty
(30) days' prior written notice to the Licensee or its successors in interest, and if:
(1) Use of the Licensed Space becomes necessary for a public purpose which could
not be reasonably accomplished by other means not involving the Licensed Space;
or
(2) The conduit, or a portion of it, constitutes a danger to the public which the
Licensor determines in its reasonable judgment not to be remediable by alteration or
maintenance of such improvements.
E. If this License is terminated, then Licensor shall have the same complete title to the
Licensed Space as though this License had never been made and Licensor shall have the right to
enter the Licensed Space and terminate the rights of Licensee, its successors and assigns hereunder.
All improvements located within the Licensed Space not removed prior to the expiration of the
ninetieth (90th) day after the effective date of any such termination shall be deemed to be the
property of the Licensor and if Licensor removes any such improvements, then all costs and
expenses incurred by Licensor in connection with such removal shall be paid by Licensee to
Licensor, within thirty (30) days after receipt of a written demand for payment of such costs and
expenses.
9.
The rights granted in this agreement are personal to the Licensee, and the Licensee shall not
assign or transfer these rights in whole or in part to any third person without the express written
consent of the City. In the event that Licensee's use of the Licensed Space ceases, and such consent
for transfer of rights to a third party is not given within ninety (90) days of the cessation of use, the
3
Licensee shall be obligated to remove the underground conduits and repair and restore the Licensed
Space surface, all at its own expense, within thirty (30) days of written notice by the City.
10.
This License shall be governed by the laws of the State of Texas. If the final judgment of
a court of competent jurisdiction invalidates any part of this License, then the remaining parts shall
be enforced, to the extent possible, consistent with the intent of the parties as evidenced by this
License.
11.
Venue for all lawsuits concerning this License will be in Williamson County, Texas.
12.
In any action brought by Licensor for the enforcement of the obligations of Licensee,
Licensor shall be entitled to recover interest and reasonable attomeys' fees.
EXECUTED on this the day of the month of , 2001.
LICENSOR:
ATTEST: CITY OF ROUND ROCK, TEXAS
Joanne Land, City Secretary
ATTEST:
e:
By:
Robert A. Stluka, Jr., Mayor
LICENSEE:
DRESSER INDUS
er, Vice President
4
Global Strategic Development
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
ACKNOWLEDGMENT
This instrument was acknowledged before me on the day of the month of
, 2001, by ROBERT A. STLUKA, Mayor of the City of Round Rock, Texas, on
behalf of said entity for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of the month
of , 2001.
Notary Public, State of Texas
Printed Name:
Commission Expires:
ACKNOWLEDGMENT
This instrument was acknowledged before me on the day of the month of
of it r i ti , 2001, by DAVE WHEELER, as Vice President Global Strategic Development
Industries, Inc., on behalf of said corporation for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the aL day of the month
of [\r i \ , 2001.
cam: cc�. a
Notary Public, State of Texas
Printed Name: Be lti;,. R.'ThomwS
Commission Expires:
5
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SECURITY CAPITAL
INDUSTRIAL TRUST
8801 Wall Street Suits 800
Austin, Texas 78754
Alephoae (512) 719 -9292
Facsimile (512) 719.5353
Date: 4,297
04/24/01 TUE 13:58 FAX 512 719 5353 PROLOGIS TRUST
LEGAL DESCRIPTION
LICENSE AGREEMENT ACROSS JARRETT WAY
BEING a tract of land situated in the Andrew Spreecher Survey No. 101, Abstract No.
719, Travis County, Texas and being adjacent to Lot 1 of Corridor Park 1B, an addition to
the City of Round Rock, Texas as recorded in Volume 94, Pages 18 -19, Deed Records,
Travis County, Texas ( D.R.T.C.T.), and being in Jarrett Way (60 feet wide), a dedicated
public right -of -way, and being more particularly described as follows:
COMMENCING at the most southerly point of a comer clip located at the intersection of
the southwesterly right -of -way line of Parker Drive (80 feet wide at this point) and the
northwesterly right -of -way line of said Jarrett Way, said point also being on the most
northerly southeast line of said Lot 1;
THENCE South 30 degrees 28 minutes 05 seconds West, along said northwesterly right -
of -way line and said southeast line, a distance of 12.50 feet to the POINT OF
BEGINNING;
THENCE South 59 degrees 31 minutes 55 seconds East, departing said common line and
crossing said Jarrett Way, a distance of 60.00 feet to a point for corner on the
southeasterly right -of -way line o f said Jarrett Way and the northwesterly line of Lot 1,
Block A, Resubdivision of Lot 2, Corridor Park 1, an addition to the City of Round Rock,
Texas as recorded in Book 85, Pages 106D -107A, D.R.T.C.T.;
THENCE South 30 degrees 28 minutes 05 seconds West, along said southeasterly right -
of -way line and said northwesterly line, a distance of 10.00 feet to a point for comer;
THENCE North 59 degrees 31 minutes 55 seconds West, departing said common line and
crossing said Jarrett Way, a distance of 60.00 feet to a point for comer on the
aforementioned northwesterly right -of -way line and southeast line of said Lot 1;
THENCE North 30 degrees 28 minutes 05 seconds East, along said common line, a
distance of 10.00 feet to the PUNT OF BEGINNING AND CONTAINING 600 square
feet or 0.0138 acres of land, more or less.
EXHIBIT
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PROLOGIS TRUST
• LEGAL DESCRIPTION
LICENSE AGREEMENT ACROSS PARKER DRIVE
BEING a tract C oun T Texas a nd in the Andrew
adjacent to Lot 1 of Corridor Park 1B, an addition to
719, Travis County, x as a b I
the City of Round Rock, Texas as recorded in Volume 94, Pages 18 -19, Deed Records,
Travis County, Texas (D.RT.C_T.), and being in Pad= Drive (80 feet wide at this point),
a dedicated public right -of - -way, and being more particularly described as follows:
on the
COMMENCING at the most northerly comer of said Lot 1, said
changes being from 90 feet
southwesterly right -of -way line of said Parker Drive (right
to 80 feet at this point);
THENCE South 59 degrees. 31 n iinutes 55 seconds East, along said southwesterly right -
of - way line (80 foot right - of - way) and the northeasterly line of said Lot 1, a distance of
112.67 feet to the POINT OF BEGINNING;
THENCE North 30 degrees 28 minutes 05 seconds East, departing said common line and
crossing said Parker Drive, a distance of 80.00 feet to a point for corner on the
northeasterly. right - of - way line o ['said Parker Drive;
THENCE South 59. degrees 31 minutes 55 seconds East, along said northeasterly right - of-
way line a distance of 10.00 feet to apoint for comer,
THENCE South 30 degrees 28 minutes 05 seconds West, departing said northeasterly
right -of -way line and crossing said Parker Drive, a distance of 80.00 feet to a point for
corner on the aforementioned southwesterly right - - way line and northwesterly. line of
said Lot 1;
THENCE North 59 degrees 31 minutes 55 seconds West, along said common line, a
distance of 10.00 feet to the POINT OF BEGINNING AND CONTAINING 800 square
feet or 0.0184 acres of land, more or less.
EXHIBIT
"B" page 3
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LICENSE AGREEMENT
EXHIBIT
ACROSS PARKER DRIVE
Round Rock Texas
At
PROLOCIS TRUST
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el 012
DATE: May 4, 2001
SUBJECT: City Council Meeting — May 10, 2001
ITEM: * 13.D.7. Consider a resolution authorizing the Mayor to execute a
License Agreement with Dresser Industries, Inc. for the right
to install data transmission cable within the public right -of-
way located along Jarrett Way and Parker Drive.
Resource: Jim Nuse, Public Works Director
Tom Word, Traffic Engineer
History: Dresser Industries Incorporated (DI) is requesting a License Agreement to
install specified privately owned dry utilities within a publicly owned right -of-
way. DI is leasing space in multiple buildings in the Industry One zoned
Corridor Park at the corner of Parker Drive and Jarrett Way. The structures
directly across Parker Drive and Jarrett Way are being customized to meet the
needs of DI. DI business operation requires direct in -house communication
between the segments of the company that will be located in each of the
building. The dry privately owned utility proposed under this License
Agreement would be communication line through conduit lines within
encasement installed by boring under the street sections. Similar license
agreements have been executed with Dell Industries.
Funding:
Cost: All fiscal responsibility is to be privately underwritten. DI has completed the
documentation to the acceptance of the City Attorney's Office, with all of the
assurances and sureties to protect the City. The Contractor proposed to
perform the work has completed all the permits with the assurances and
sureties to protect the City. The only cost the City will bear is for the
administration and inspection that are within the current operation budgets.
Source of funds: Private funding
Outside Resources: Dresser Industries, Inc.
Impact/Benefit: Impact negative is additional utilities within publicly owned right - of-
way. Impact positive is low City of Round Rock assistance in the
development new profitable clean industry within our community.
Benefit is having good documentation, assurances, and sureties
developed in the License Agreement.
Public Comment: N/A
Sponsor: N/A