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R-02-04-25-11C5 - 4/25/2002Mayor Robert A. Siiaka, Jr. Mayor Pro -tem Tom Nielson Council Members Alan McGraw Carrie Pitt Earl Palmer Isabel Callahan Gary Coe City Manager Robert L Bennett, Jr. City Attorney Stephan L Sheets CITY OF ROUND ROCK May 23, 2002 Mr. Bill Burba Hidden Glen, Inc. Homeowner's Association 9099 Research Blvd. Austin, Texas 78641 Dear Mr. Burba: 221 East Maid Street Round Rock Texas 78664 512 -218 -5400 The Round Rock City Council approved Resolution No. R- 02- 04- 25 -1105 at their regularly scheduled meeting on April 25, 2002. This resolution approves landscaping and irrigation systems in the public right -of -way located along Creek Bend Boulevard, Hidden Glen Drive, and Mesa Verde 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 -5420. Sincerely, Christine R. Martinez City Secretary Enclosure Fax: 512 -218 -7097 1 -800- 735 -2989 TDD www.ci.round- rock.tx.us 1- 800 -735 -2988 Voice RESOLUTION NO. R- 02- 04- 25 -1105 WHEREAS,the City of Round Rock, Texas is the owner of the public right -of -way located along Creek Bend Boulevard, Hidden Glen Drive, and Mesa Verde Drive, and WHEREAS, the Hidden Glen, Inc. Homeowner's Association desire to exercise certain rights and privileges in the public right -of -way located along Creek Bend Boulevard, Hidden Glen Drive, and Mesa Verde 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 the Hidden Glen, Inc. Homeowner's Association for the right to install landscaping and irrigation systems in, over and upon the public right -of -way located along Creek Bend Boulevard, Hidden Glen Drive, and Mesa Verde Drive, a copy of said License Agreement being attached hereto as Exhibit "A" 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. RESOLVED this 25th day of Ap , 20x2 R0 = 1 . A. STLUKA, J Mayor ATTEST le /JI CHRISTINE R. MARTINEZ, City Secretary �: DOHA woRLmx\ o : \w "ox \RBSOLUTI \R2o4zscs.weo /sc 'City of Round Rock, Texas LICENSE AGREEMENT This Agreement is made this day of 2002, by and between the CITY OF ROUND ROCK, (hereinafter "Licensor "), a Texas home rule municipality, and the HIDDEN GLEN, INC. HOMEOWNER'S ASSOCIATION, (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: License 1. Licensee shall have the right to install, construct, cpetate, maintain, upgrade, and repair landscaping and irrigation systems 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. It is further understood that Licensee must comply with all other requirements of the Code of Ordinances of the City of Round Rock, Texas. @E'EDe OP OD l /'WORL[OX /O; /WOO % /COPR/GNL/ LICENSE /HIDDENGL /00022162. WFD /(dc EXHIBIT "A" 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. 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: Bill Burba HIDDEN GLEN, INC. HOMEOWNER'S ASSOCIATION 9099 Research Blvd. Austin, Texas 78641 3. IN WITNESS WHEREOF, this AGREEMENT is executed on this day of , 2002. CITY OF ROUND ROCK By: ROBERT A. STLUKA, JR., Mayor HIDDEN GLEN, INC. HOMEOWNER'S ASSOCIATION By: Printed Name: OILL- Title: Sec ref..., 4. 8,123,4 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 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 and seal of office on this the day of , 2002. STATE OF TEXAS § § 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 BILL BURBA, Secretary of HIDDEN GLEN, INC. HOMEOWNER'S ASSOCIATION, on behalf of said association, 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. (Q} even under my and. and seal of office on this the - 1 day of ►44,,.,t)? , , 2002. KATHY LYN AYERS NOTARY PUBLIC Stab of Texas. Comm. Exp. 07- 014'002 NOTARY BLIG in and or the State of Texas After Recording, Please Return To: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 5. EXHIBIT A: HIDDEN GLEN —PHASE 1 -- LANDSCAPE PLAN N W��� V► S , • , , it., /I .... - ` _ �^ — HIDDEN - GLEN -DR :0'' f- -------- 1 I � W A OA. • �srF ND P_ m ,, ,„ U alp iis 111111 i II ._ ,_Gd gTE �� [t 1y1�... p � ..._. "—t- ""7 °"°""'"" %% Landscape areas o 150 300 February 1, 2002 c.,x roe "°.'� *. .° Feet DATE: April 19, 2002 SUBJECT: City Council Meeting — April 25, 2002 ITEM: * 11.C.5. Consider a resolution authorizing the Mayor to execute a License Agreement with the Hidden Glen, Inc. Homeowner's Association for the right to install landscaping and irrigation systems in the public right -of -way located along certain streets in the Hidden Glen Phase I Subdivision. Resource: Joe Vining, Planning Director History: This license agreement will implement the agreements pertaining to landscaping and beautification pursuant to the Hidden Glen Subdivision. Funding All installation and maintenance costs pertaining to the agreement will be the responsibility of the homeowner's association. Cost: N/A Source of Funds: N/A Outside Resources: None Impact: N/A Benefit: Physical beautification of the present residential community and enhancing the visual characteristic of residential living in the City of Round Rock. Continued maintenance of landscaping and irrigation in the city right -of -way. Public Comment: None required Sponsor: Planning and Community Development Department LICENSE AGREEMENT This Agreement is made this p(3 day of 2002, by and between the CITY OF ROUND ROCK, (hereinafter "Licensor "), a Texas home rule municipality, and the HIDDEN GLEN, INC. HOMEOWNER'S ASSOCIATION, (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: License EPFD, 52t6p� ::OIXM /WORLDO % /0: /WDO % /COftR /GNL/ LICENSE /HL��ENGL /OOOG �162.W,r` 1. Licensee shall have the right to install, construct, operate, maintain, upgrade, and repair landscaping and irn_;;;atior systems 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. 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. 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: Bill Burba HIDDEN GLEN, INC. HOMEOWNER'S ASSOCIATION 9099 Research Blvd. Austin, Texas 78641 3. IN ITNES WHEREOF, this AGREEMENT is executed on this 0,4 �S day of ((' , 2002. CITY OF ROUND ROCK By: By. UAL A itk.:, i. ROB " A. STLU 1' , JR., ayor HIDDEN GLEN, INC. HOMEOWNER'S ASSOCIATION Printed Name: I3iL.L 13.(484 Title: -sec re},,, 7 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 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. de ven under my nd d seal of office on this the day of , 2002. CHRISTINE R. MAR7INQ MY COMMISSION EXPIRES August 28, 2005 § § COUNTY OF WILLIAMSON § STATE OF TEXAS KATMY i0 AYERS 6 NOTARY PUBLIC Siata of Texa°. Cor..1v. Exp. O?-01- • 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 BILL BURBA, Secretary of HIDDEN GLEN, INC. HOMEOWNER'S ASSOCIATION, on behalf of said association, 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. c liven under my hand. and seal of office on this the i� day of � Q , , 2002. �C(�it2 NOTARY the State of Texas After Recording, Please Return To: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 5. BLIO' in and or EXHIBIT A: HIDDEN GLEN -PHASE 1 -- LANDSCAPE PLAN N W U H E S *1 % 4\ HIDDEN- GLEN -0R - - --- ' . -e SO °r Z 5 NO I I z i / // r ikir .1* o r II I I' Ma s y ■ O N ' ' MEE F) "uEpr� 2 1 i illa Walk" fillas ill WIII IIMM 1...adi � M� a February Landscape areas 0 tw so rY 1, 2002 yxwa c .�ewa.,.d. Feet