Loading...
R-02-12-05-8B1 - 12/5/2002RESOLUTION NO. R- 02- 12- 05 -8B1 WHEREAS,the City of Round Rock, Texas is the owner of the public right - of - way located along Mayfield Ranch Boulevard, and WHEREAS, MDSR GP, Inc. desire to exercise certain rights and privileges in the public right -of -way located along Mayfield Ranch 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 MDSR GP, Inc. for the right to install a masonry wall, landscaping and irrigation systems in, over and upon the public right -of -way located along Mayfield Ranch Boulevard, 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 5th day of December, 002 ATTEST CHRISTINE R. MARTINEZ, City Secreta OOMA\ MORLDOX\ O . \ moor \AE5OLUTI \ A3120581.WPD /sc WELL, JR., Mayor 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 MDSR GP,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: License 1. Licensee shall have the right to install, construct, operate, 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 ", and to construct repair and maintain a masonry wall located within the property as shown in Exhibit "B ". 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, or masonry walls, Licensee shall present a detailed construction and /or landscaping 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. 0:\ wdoxkorrlgnl \license\mdsrgpm \00039720.DOC 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 2. 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 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. COMPANY: 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 Attn: Blake J. Magee MDSR GP Inc. 1011 North Lamar Blvd. Austin, TX 78703 3. IN WITNESS WHEREOF, this AGREEMENT is executed on this day of , 2002. CITY OF ROUND ROCK By: NYLE MAXWELL, Mayor MDSR GP, Inc. By: S C Its: 1" 4. STATE OF TEXAS COUNTY OF WILLIAMSON) STATE OF TEXAS ) COUNTY OF 7 is ) Sheets & Crossfield, P.C. 309 East,Main Round Rock, Texas 78664 BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally appeared NYLE MAXWELL, 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. BEFORE ME, the undersigned, a notary public in and for said copli4ty 01 state, on_, this day personally appeared iAk� I r� ee _re5 deh� of MDSR GP,INC., on behalf ofgaid corporation, 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 of /57 day of NOV[m5er 200 LEANNA EINNAUS MY COMMISSION EXPIRES July 11, 2006 After Recording, Please Return To: 5. NOTARY PUBLIC in and for the State of Texas NOTARY PUBLIC in and for the State of Texas After Recording, Please Return To: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 6. EXHIBIT A License Agreement for Mayfield Ranch Boulevard EXHIBIT B 0 00.44.e. 1.19P,ele• 1.0 puts.4. esee4.404.. Tar. Cle.0 FM 1431. Geer. Ian 7t7 .rnUrl r Ma 4 light . cor.,r4471, r.0 /7040W F4',Y. 1' \ 0 Flagstone Pavement T Phase One Inertmeree ileee b 40n414000.1 , n• — *Isle. 0 1.,n4 1.00 buiene Phase_Twe bal. [15.4 mnonry flonvoe.../.41 0 wee may 1.4 00.01 oey 41144.4 Com01 approves 64.0304 of .4 1.14.400.0•n114raeopee4n.4. 00, Ma dint* P.O.W.... 00 44 nem. dar, • t ..leer ieen. DATE: November 27, 2002 SUBJECT: City Council Meeting — December 5, 2002 ITEM: *8.B.1. Consider a resolution authorizing the Mayor to execute a License Agreement with MDSR GP, Inc. for the right to install a masonry wall, landscaping and irrigation systems in the public right -of -way located along Mayfield Ranch Boulevard. Resource: Joe Vining, Planning Director Nicole Crutchfield, Senior Planner History: This license agreement will implement the agreement pertaining to the landscaping and beautification pursuant to the approved Mayfield Ranch subdivision. Funding: Cost: All installation costs pertaining to the agreement will be the responsibility of the property owner. Source of Funds: General Fund Outside Resources: Blake J. Magee, MDSR GP, Inc. Impact: None. Benefit: Physical beautification and an identification of the Mayfield Ranch subdivision. Continued maintenance of landscaping and irrigation within the city's right -of -way. Public Comment: Public comments were received during the subdivision stages. Sponsor: Planning and Community Development Department 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 This Agreement is made this 5 day of aCUrnEl2A.1, 2002, by and between the CITY OF ROUND ROCK, (hereinafter "Licensor "), a Texas home rule municipality, and the MDSR GP,INC., (hereinafter, "Licensee ", whether one or more). 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: 0 \ wdoz\ CORR \gnNiccnse\mdsrgpin\00039720.DOC LICENSE AGREEMENT License 1. Licensee shall have the right to install, construct, operate, 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 ", and to construct repair and maintain a masonry wall located within the property as shown in Exhibit "B ". 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 2. property, arising out of or in connection with Licensee's exercise of the license under this Agreement. COMPANY: 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 Attn: Blake J. Magee MDSR GP Inc. 1011 North Lamar Blvd. Austin, TX 78703 3. IN WITNESS WHEREOF, this AGREEMENT is executed on this J day of EeL ffl (jF,('v , 2002 . By: CITY OF ROUND ROCK MDSR GP, Inc. By: Its: 41:1111. XWELL, Mayor 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 NYLE MAXWELL, 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. � -jiven under my and an cc�� seal of office on this the - day of , 2002. 8'; CHRIS11NE R. MARIINEZ MY COMMISSION EXPIRES ‘. Augus125,2505 STATE OF TEXAS ) COUNTY OF - 1 - 1,6,1)_ ) NOTARY PUBLIC in and for the State of Texas BEFORE ME, the undersigned, a notary public in and for said coR ty vl state, o this day personally appeared V)(&kp IviL res dell of MDSR GP,INC., on behalf of aid corporation, 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 o? /Sf day of Ajave.. , 200 LEANNA EINHAUS 1 COMMISSION EXPIRES July 11,2005 After Recording, Please Return To: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 5. G�- NOTARY P UBLIC in and for the State of Texas After Recording, Please Return To: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 6. EXHIBIT A License Agreement for Mayfield Ranch Boulevard EXHIBIT B . o,,..ww..w..roe w a bye ✓ ootrcry et* ▪ ror FM 1431 l eoe Jn,v I..o rror roar.. LeMT✓ m Aw✓ - W Right rereerroror Phase One '"" +..a ».rd ... nom yea w a ..e ..nn. Phaseltvo .rireoreonis .Oar a a y . Po . , won .wa. pr..m.xa...n.m..m.x.xa� ee..b..e. aow.r..s V Z c.za 6&Y -3=y _aq zvf. r Pro•tem am Nielson City Manager en L Bennett, Jr City Attorney Stephan L Sheets ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY January 14, 2003 l Members plan McGraw Enclosure Carne Pin Scot Knight abel Gallahan Gary Coe Mr. Blake Magee MDSR GP, Inc. 1011 North Lamar Blvd. Austin, TX 78703 Dear Mr. Magee: The Round Rock City Council approved Resolution No. R- 02- 12 -05- 8B 1 at their regularly scheduled meeting on December 5, 2002. This resolution approves the right to install a masonry wall, landscaping and irrigation systems in, over and upon the public right -of -way located along Mayfield Ranch Boulevard. Enclosed is a copy of the resolution and agreement for your files. If you have any questions, please do not hesitate to contact Joe Vining at 218 -5420. S' cerely, Mayor Maxwell Christine R. Martinez City Secretary CITY OF ROUND ROCK 221 East Main Street • Round Rock, Texas 78664 Phone 512 2i8 5400 • Fax 512 218 7057 • www Ci round rock,tx us