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R-90-1478 - 7/12/1990LICENSE FOR EXPRESS DELIVERY ODLLECPION BOX This Agreement is made between the City of Round Rock, Texas, a Texas municipal corporation of Williamson County, Texas ( "City ") as licensor, and Airborne Express CDrporation, a Delaware corporation authorized to do business in Texas ( "Airborne Express ") as licensee. City hereby grants to Airborne Express , its successors and assigns (subject to the esLrictions against assignment contained herein) the right, privilege and permission to place an exterior drop box for the collection of Airborne 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 Airborne Express as an accommodation with no monetary consideration and is revocable at ay time by either party on thirty (30) days written notice. Airborne 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. Airborne Express will exercise 00 the privilege granted herein at its own risk, and agrees that R/sBoauf - 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 Airborne 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 Airborne Express, and Airborne Express assignees, permittees, or other persons using the property at the invitation of Airborne Express. This license shall not be assigned or transferred by Airborne Express and any attempted assignment shall be void. In witness whereof, the parties have executed this agreement at Round Rock, Texas this day of , 19 9(J rnfirR rrarcnc its DIZTRICT SALES MGR CITY 7 OF / By: Mike Robinson, Mayor H IiJ Ui (j) Drop Box Location Area BAGDAD ROAD WHEREAS, the City of Round Rock ( "City") has been approached by Airborne Express Corporation seeking permission to place an exterior drop box for Airborne Express parcels in the downtown Round Rock area; and WHEREAS, the City desires to grant to Airborne 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; and WHEREAS, the drop box to be installed by Airborne Express shall not be larger at the base than thirty inches by thirty inches. The drop box shall be and remain the property of Airborne Express and shall be located, moved and maintained by Airborne 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 /4 M) day of d 1990. ANNE LAND, City Secretary RESOLUTION NO / r ak MIKE ROBINSON, Mayor City of Round Rock 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 Airborne Express Corporation, a Dplawarp corporation authorized to do business in Texas ("Airborne Express") as licensee. City hereby grants to Airborne Express , its successors and assigns (subject to the re LLictions against assignment contained herein) the right, privilege and permission to place an exterior drop box for the collection of Airborne 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 Rack, 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 Airborne Express as an accommodation with no monetary consideration and is revocable at ay time by either party on thirty (30) days written notice. Airborne 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. Airborne Express will exercise the privilege granted herein at its own risk, and agrees that 44420e. EKprrss' 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 Airborne 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 Airborne Express, and Airborne Express assignees, permittees, or other persons using the property at the invitation of Airborne Express. This license shall not be assigned or transferred by Airborne Express and any attempted assignment shall be void. In witness whereof, the parties have executed this agreement at Round Rock, Texas this day of , 19 91) . AIRBORNE ETESS C CHUCK PRIEDC CITY OF ROUND74 By: / Mike Robinson, Mayor , its DIOTRICT SALES MGR S 72 39' 09" W 135, 00' FTA Drop Box Location Area BAGDAD ROAD June 25, 1990 Mr. Paul Gambrel City of Round Rock 221 East Main Street Round Rock, Texas 78664 Dear Mr. Gambrel: I am returning our application with the information you requested. As District Sales Manager of Airborne, I have the authority to sign the attached application. Airborne Rxpress is incorporated in Delaware. Sincerely, Chuck Priebe District Sales Manager /IiRIBORNE EXPRESS JUN 26 1990 4005 Airport Blvd. Austin, TX 78722 Phone: (512) 476 -6933 CITY OF ROUND ROCK PLANNING DEPT. DATE: July 10, 1990 SUBJECT: City Council Meeting, July 12, 1990 ITEM: 11D. Consider a resolution authorizing the Mayor to enter into a License Agreement with Airborne Express. STAFF RESOURCE PERSON: Joe Vining STAFF RECOMMENDATION: Approval This will authorize the location of an Airborne Express drop box in a portion of the public right of way between the city parking garage, at 111 S. Lampasas Street, and the public sidewalk. The agreement provides for Airborne Express to indemnify the city for any injuries or damages which might result from the location of the drop box.