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R-95-12-21-11A - 12/21/1995ATTEST: WHEREAS, the City of Round Rock, Texas, is the owner of the public right -of -way known as part of 209 Round Rock Avenue, and WHEREAS, William M. Koughan, CPA desires to construct a sign upon a portion of this public right -of -way, 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 William M. Koughan, CPA for the construction of a sign located upon a portion of public right -of -way at 209 Round Rock Avenue, a copy of which is attached hereto as Exhibit "A ". RESOLVED this 21st day of December, 1995. CA WPDOCS \RESOIUfl \ESSaaain.wpo /kg LAND, Cit Secretary RESOLUTION NO. R- 95- 12- 21 -11A CHARLES CUL E7E Mayor City of Round Rock, Texas This Agreement is made this a< 1 day of IJECEPOE%e_ , 1995, by and between the City of Round Rock, (hereinafter "Licensor "), a Texas home rule municipality, and William M. Koughan, hereinafter referred to as "Licensee" Whereas, Licensor is the owner of the real property (hereinafter, "Property ") located at 209 Round Rock Avenue within the city limits; and Whereas, Licensee desires to exercise certain rights and privileges upon public rights -of -way adjacent to 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: C: \TEXT \ROD"DROC \LICERREI.RR /cdc LICENSE AGREEMENT License 1. Licensee shall have the right to install, construct, operate, maintain, replace, upgrade, and repair a sign advertising his accounting business in and upon public rights -of -way located adjacent to the Property, said location to be approved prior to installation by the Director of Planning for the City of Round Rock, Texas. 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 the installation, construction and design of this sign shall be in compliance with all existing sign ordinances of the City of Round Rock, Texas. 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 is personal to Licensee. It is not assignable, and any attempt to assign this license will terminate the license. 1. 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 6. 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 7. 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 8. 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 9. Notice shall be mailed to the addresses designated herein 2. 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 WITNESS WHEREOF, this AGREEMENT is executed on this 2 day of Pa.C/466e, , 1995. CITY •F ROUND ROCK harles Cu Mayor LICENSOR: City of Round Rock 221 East Main Street Round Rock, Texas 78664 LICENSEE: William M. Koughan 209 Round Rock Avenue Round Rock, Texas 78668 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. Givan under my hand and seal of office on this the I 77 day of DECEm6a�2, , 7 95. STATE OF TEXAS ) COUNTY OF t. xilL_n_ry y> ) „e NOTARY PUBLIC in and for CHRISTINE R. MART1NEZ NotaNFINIc.St.la mre,ZIS IN CCmmssion Ea+es 08-0597 BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally appeared WILLIAM M. KOUGHAN, 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 piven under hand and seal of office on this the 4''" day of 1/41Ac 1(1'99, NOT PUBLIC in and for the ate of Texas 5 ' Mo KOt ° 209 Rounnid Rock Ave. 0 ID' LIVE DAc o r ' FECAL PECAN \ /\, '.9' WWI= GLAr^ AND IIEV SISc '' by CO�rORAT10N STOP � DT nos R I E C!TAC 01 /GI EXIST. DC. DRIVE \ \ `` � n ' -N Ew ? , f L, ,N LT. / 36'UVE 16 -A W Ytti night L � 51.77' 30' ELM 0. ALLEY VACATED 8/26/82 ORS. NO _966 fttwT. Fos 1ST. UIIL • I I P V rROVID= 6' M'' • Dt JCISTIN6 UIL' • SITE UTILITY PLAN P'°`- T O ON SCALE: I' • 20' 211 ROUND ROCK I OTS 16A & 17A BLOCK 24 ROUND ROCK, TEXA' :S A A. -... ". ". ESCS11N6 6' INASMIA _ 176_90_ ,(' YroM Da+/Ew ?F CuRa. DATE: December 19, 1995 SUBJECT: City Council Meeting, December 21, 1995 ITEM: 11.A. Consider a resolution authorizing the Mayor to enter into a license agreement for a sign located at 209 Round Rock Avenue for William M. Koughan, CPA. Staff Resource Person: Joe Vining Staff Recommendation: Approval The purpose of this agreement is to allow the placement of a monument sign that encroaches into the right of way.