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R-89-1392 - 12/14/1989WHEREAS, the City of Round Rock ( "City ") has been approached by Federal Express Corporation seeking permission to place an exterior drop box for Federal Express parcels in the downtown Round Rock area; and WHEREAS, the City desires to grant to Federal Express Corporation the privilege to place such drop box on property owned, managed or controlled by the City under the terms of the "License for Express Delivery Drop Box" attached hereto WHEREAS, the drop box to be installed by Federal Express shall not be larger at the base than thirty inches by thirty inches. The drop box shall be and remain the property of Federal Express and shall be located, moved and maintained by Federal Express at its expense. The drop box shall not be located or attached to the property in a manner which might injure the property; Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to executed on behalf of the City the "License for Express Delivery Drop Box" in the form attached hereto. RESOLVED this Nl day of 1 J dlia 4 1989. , ST: J Ad //I ' (A 1 JO NE LAND, Cit Secretary TCRESFEDEX RESOLUTION NO. 139'024e- 41 MIKE ROBINSON, Mayor City of Round Rock, Texas LICENSE FOR EXPRESS DELIVERY COLLECTION BOX This Agreement is made between the City of Round Rock, Texas, a Texas municipal corporation of Williamson County, Texas ("City ") as licensor, and Federal Express Corporation, a corporation authorized to do business in Texas ( "Federal Express ") as licensee. City hereby grants to Federal Express, its successors and assigns (subject to the restrictions against assignment contained herein) the right, privilege and permission to place an exterior drop box for the collection of Federal Express parcels and envelopes on property owned, managed or controlled by the City, described as follows: The open areas along the west side of the parking garage located at 111 S. Lampasas Street, Round Rock, Texas, between the east edge of the existing sidewalk and the exterior of the parking garage, as indicated on Exhibit "A" attached hereto. The permission is given to Federal Express as an accomodation with no monetary consideration, and is revocable at any time by either party on thirty (30) days written notice. Federal Express acknowledges the legal title of City to the above - described property and agrees never to deny such title or to claim title in its name. Federal Express will exercise the privilege granted herein at its own risk, and agrees that Federal Express will never claim any damages against City for any injuries or damages suffered on account of the exercise of such privilege, regardless of the fault or negligence of City, and Federal Express will indemnify City against all liability for damages and expenses resulting from, arising out of, or in any way connected with, the exercise of the privilege by Federal Express, and Federal Express assignees, permitees, or other persons using the property at the invitation of Federal Express. This license shall not be assigned or transferred by Federal Express and any attempted assignment shall be void. In witness whereof, he parties have sxecuted this agreement at Round Rock, Texas this 1LI L day of 3-Pu , 19 ATTEST: NE TCLICENSE LAND, Ci y Secretary FEDERAL EXPRESS By: , its CITY OF ROUND OC By: P zv Mike Robinson, Mayor Drop Box Location Area BAGDAD ROAD DATE: December 11, 1989 SUBJECT: City Council Agenda, December 14, 1989 ITEM: 12F. Consider a resolution authorizing the Mayor to execute license for Express Delivery Drop Box at 111 Lampasas Street. STAFF RESOURCE PERSON: Joe Vining STAFF RECOMMENDATION: APPROVAL THIS WILL AUTHORIZE THE LOCATION OF A FEDERAL EXPRESS DROP BOX IN A PORTION OF THE PUBLIC RIGHT OF WAY BETWEEN THE CITY PARKING GARAGE, AT 111 5. LAMPASAS STREET, AND THE PUBLIC SIDEWALK. THE AGREEMENT PROVIDES FOR FEDERAL EXPRESS TO INDEMNIFY THE CITY FOR ANY INJURIES OR DAMAGES WHICH MIGHT RESULT FROM THE LOCATION OF THE DROP BOX.