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R-94-05-26-10I - 5/26/1994public right -of -way known as Apache Trail, located within Phase 1, Section 2, of the Round Rock Ranch Subdivision, Round Rock, Texas, and desires to exercise certain rights and privileges upon public rights -of -way located within the above - described 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 execute on behalf of the City a License Agreement with Round Rock Ranch Homeowner's Association, Inc., a copy of which is attached hereto as Exhibit "A ". RESOLVED this 26th day of May, 1994 ATTEST: KS /RESOLUTION RS05264I RESOLUTION NO. 94 °- 'JOE 01: WHEREAS, the City of Round Rock, Texas, is the owner of the WHEREAS, the Round Rock Ranch Homeowner's Association, Inc. LAND, City Secretary ,/ CHARLES CULPEPP % ayor City of Round Ro k, Texas LICENSE AGREEMENT This Agreement is made this Of 1.0day of 1994, by and between the City of Round Rock, (her inafter "Licensor "), a Texas home rule municipality, and the Round Rock Ranch Homeowner's Association, (hereinafter, "Licensee "). Whereas, Licensor is the owner of the real property (hereinafter, "Property ") described as Apache Trail, located within Phase 1, Section 2, of the Round Rock Ranch Subdivision; 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 cR \iicense.rr 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 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 current or subsequent landscaping or irrigation systems, Licensee shall present a detailed 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 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. 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 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. 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. 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. CR \licenne.rr 2. 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: COMPANY: Round Rock Ranch Homeowners Assn. ATTN: G ����. /30/ �sys�srs9 Or /1L. /z4J■ S 5 IN N Q.C� ESS WHEREOF, this AGREEMENT is executed on this IA' day of , 1994. CITY QF ROUND ROCK Charles Culper' Mayor Venue Notice Round Rock Ranch Homeowners Assn. CITY: City of ,Round ATTN: e AP1,65 (C/1-1 221 East Main Street Round Rock, Texas 78664 3. 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 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. G_ en under my 1 d and seal of office on this the CHRISTINE R. MARTINEZ flaw PubIY, Stae of Teas MfyConmust Fphs08{697 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 a d ^1 state, on this day personally appeared 09...$41C11) tali., , as Q. ,1 for Rbiand Ro k Ranh Homeowners Assn., t.t own 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 , 1 94. 4. Date: May 24,1994 Subject: City Council Meeting, May 26, 1994 Item: 10.I. Consider a resolution authorizing the Mayor to enter into a license agreement with the Round Rock Ranch Homeowners Association for Apache Trail. Staff Resource Person: Joe Vining Recommendation: Approval The attached license agreement permits the homeowners association for the Round Rock Ranch Subdivision to landscape the right of way along Apache Trail. Mayor Charles Culpepper Mayor Pro -tem Robert Sduka Council Members Rod Morgan Rick Stewart Furl Palmer Martha Chavez JimmyJoseph City Manager Robert L. Bennett, Jr. City Attorney Stephan L. Sheets June 6, 1994 Cliff Wheeler, Jr. 1301 Capital of Texas Highw_a Suite A -136 Austin, TX 78746 Dear Mr. Wheeler: Resolution No. R- 94- 05- 26 -10I was approved by the Round Rock Ci 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, Enclosures Joanne Land Assistant City Manager/ City Secretary THE C1TiOF ROUND ROCK 221 East Main St, eet Round Rock, Texas 78664 512- 265.3612 Fax 512- 255 -6676 1-800-735-2989 (TDD) 1- 800 - 735 -2988 (Voice)