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R-94-05-26-10E - 5/26/1994ATTEST: ES /RESOLUTION RS05264E RESOLUTION NO. , 94- 05 ODE WHEREAS, the City of Round Rock, Texas, is the owner of the public right -of -way known as South Creek Drive, and WHEREAS, the South Creek Property Owner's Association desires to exercise certain rights and privileges upon the unpaved portion of public rights -of -way located on South Creek Drive at the intersection of South Creek Drive and Gattis School Road, 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 South Creek Property Owner's Association for the construction of an area identification sign on South Creek Drive at the intersection of South Creek Drive and Gattis School Road, a copy of which is attached hereto as Exhibit "A ". RESOLVED this 26th day of May, 1994 LAND, City Secretary CHARLES CULPEPrE ayor City of Round Roc Texas LICENSE AGREEMENT This Agreement is made this O W day of 1994, by and between the City of Round Rock, (here after "Licensor "), a Texas home rule municipality, and the South Creek Property Owner's Association, (hereinafter, "Licensee "). Whereas, Licensor is the owner of the real property (hereinafter, "Property "), known as South Creek Drive, described in Exhibit A attached hereto; and Whereas, Licensee desires to exercise certain rights and privileges upon the unpaved portion of public rights -of -way located within the Property; and Whereas, Licensor desires to grant Licensee certain rights and privileges upon the unpaved portion of public rights -of -way within the Property; and NOW, THEREFORE, it is agreed as follows: License 1. Licensee shall have the right and responsibility to install, construct, operate, maintain, replace, upgrade, and repair an approved Area Identification Sign (as defined in Section 3.1411, Code of Ordinances, City of Round Rock, Texas, 1990 Edition), and landscaping and irrigation systems in and upon public rights -of -way located within the Property. 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 improvements, Licensee shall present a detailed site plan, indicating the location of the Area Identification Sign, and a landscaping plan, with associated irrigation, to the Directors of Planning and Public Works for review and approval. It is further understood that Licensor has no duty to maintain, operate, replace, upgrade or repair any improvement in or upon the public rights -of -way located within the Property, including the payment of any fees or bills 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. cn \ 11cense.rr 1. Nonassignable 3. This license is personal to Licensee. It is not assignable, and any attempt to assign this license will terminate the license. 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 Release CR \license.rr 2. 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. 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. Licensee further releases, relinquishes and discharges Licensor, its officers, agents and employees, from all claims, demands and causes of action of every kind and character, for any loss of, or damage to, property placed by Licensee upon the public rights -of -way described in this Agreement, whether or not the claim or cause of action is the fault of Licensor. 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. 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: IN S WHEREOF, this AGREEMENT is executed on this p�49 day of , 1994. CITY AF ROUND ROCK Charles Culpe Mayor CITY: of Round Rock ATTN: CHA,eLes CUL!'EPPPR 221 East Main Street Round Rock, Texas 78664 h Creek Property Owners Association STATE OF TEXAS COMPANY: South Associ ATTN. Venue Notice 3 . j�j k _ Pro micffirs erty Owners COUNTY OF WILLIAMSON ) BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally appeared CHARLES CULPEPPER, 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. 1 (icen under my and and seal of office on this the ' £P t- da of /� / /_J 9 STAT ) COUNTY OF Q/YYVJ BEFORE ME, the undersigned, a notary public in and for said c'u t .d s -te, o W-1 this da pers appeared ► /4- W as Wfl .Ph / for South Creek''rop•- ty Owners A sociation , on behalf of said 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. 1,� day G'ven under of my hand and seal of office on this the �(p I3&L) 1 . 94. 4. NOTARY PUBLIC the State of Texas NOTARY PUBLIC in and for the State of Texas 1. Or VALES - - -- — EDGE Of PAVERENT ROOF G ENTRY LAYOUT GATTIS SC[ {OOL ROAD R 0.f. -WIR OF CtRSRRRTION SO'-o :S•q• S Mires STA PT 0.21— POINT CT 0760PANS ODRWRLII! ELGV.• 150• GATT'S SCI 1001. ROAD 1 EXHIBIT „R 1, 1 1 1 1 1 =RUCTION —j L RP SWA E 1.000 OF PAVEMENT 0 5 10 21) SCALE I'= 10' -0' Date: May 24,1994 Subject: City Council Meeting, May 26, 1994 Item: 10.E. Consider a resolution authorizing the Mayor to enter into a license agreement with South Creek Property Owners Association for an area identification sign in the street right of way. Staff Resource Person: Joe Vining Recommendation: Approval This item was conditionally approved by the Development Review Board on May 12, 1994. This project includes subdivision identification signs on South Creek Drive at Gattis School Road along with landscaping that also extends to the existing median. Mayor Charles Culpepper Mayor Pro-tem Robert Stlaka Council Members Rod Morgan Rick Stewart Furl Palmer Martha Chavez Jimmy Joseph City Manager Robert L. Bennett, Jr. City Attorney Stephan L. Sheets June 6, 1994 Robert Leffingwell 103 East Main Stree Round Rock, TX 78664 Dear Mr. Leffingwell: Resolution No. R- 94- 05- 26 -10E was approved by the Round Rock City Council on May 26, 1994. • Enclosed is a copy of the resolution and the agreement for your files.' If you have any questions, please do not hesitate to call. Sincerely, Joanne Land Assistant City Manager/ City Secretary Enclosures THE CITY OF ROUND ROCK • 221 East MaiitStreet Round Rock, Texas 78664 512. 265.3612 - - e Fax 512- 255 -6676 1. 800-735-2989 (TDD) 1- 800- 735 -2988 (Voice)