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R-96-01-25-10C - 1/25/1996ATTEST: WHEREAS, the Forest Creek Homeowners Association ( "Licensee ") desires to install and maintain landscaping and irrigation systems in certain public rights -of -way within the Forest Creek Subdivision, and WHEREAS, the City Council desires to grant Licensee certain rights and privileges with respect to the landscaping of the public rights -of -way by entering into a License Agreement ( "Agreement "), 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 an Agreement with Licensee for certain rights and privileges with respect to the landscaping of the public rights -of -way, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 25th day of January, 1996. E LAND, City Secretary C \WPDOCS \RRSOLOTI \RS601]5C WPD /kg RESOLUTION NO. R- 96- 01- 25 -10C CHARLES CULPEPPER, Mayor City of Round Rock, Texas LICENSE AGREEMENT This Agreement is made this pCS day of 1996, by and between the City of Round Rock (hereina er "Licensor "), a Texas home rule municipality, and the Forest Creek Homeowners Association, (hereinafter, "Licensee ") a Texas non- profit corporation. Whereas, Licensor is the owner of the real property (hereinafter, "Property ") described in Exhibit A, hereto attached and incorporated by reference as if copied verbatim; 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 NOW, THEREFORE, it is agreed as follows: License 1. Licensee shall have the right 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 Director of Planning and the Director of Public Works for review and approval. 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. L; \TEXT \ROUNDROC \LICENSE.RR /kg 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. Authority 5. Licensee shall provide authorization for its representative to legally bind Licensee to this Agreement. Such authorization is attached as Exhibit "B" and is incorporated herein as referenced. 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 or as may be designated in writing by the parties from time to time 2. and shall be deemed received when sent postage prepaid U.S. mail to the following addresses: I WITNESS WHEREOF, this AGREEMENT is executed on this d 5 day of y , 1996. CITY OF ROUND ROCK Charles Cu Mayor CITY: City of Round Rock ATTN: City Manager 221 East Main Street Round Rock, Texas 78664 COMPANY: Forest c cLveek Hom��qw�ners Assn. ATTN: pSa4 ,,// erw � J Zf ikede c, x0/ itees,cm 71/ >77 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. iven under my hand and seal of office on this the day of , 1996. STATE OF TEXAS COUNTY OF 4. NOTARY PUBLIC in and for the State of Texas BEFORE ME, the undersigned, a notary public in and for said county d stake, on this /play L personally appeared ,5/012.470 49 , as /,/a for Forest Creek Homeowners Association a Non - Profit Texas Corporation, 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. Given under my han end seal of office on this the a� day of , 1996. NOTARY PUBLIC in and , or the State of Texas CARRIE R. MONTOYA NOTARY PUBLIC State of Texas Comm. Exp. 03.07.98 DATE: January 22, 1996 SUBJECT: City Council Meeting, January 25, 1996 ITEM: 10.0 . Consider a resolution authorizing the Mayor to enter into a Master License Agreement with Forest Creek Homeowner's Association, Inc. regarding landscaping in right of way. Staff Resource Person: Hugh Bender Staff Recommendation: Approval The attached license agreement allows the Forest Creek Homeowners Association to install, construct, operate, maintain, replace, upgrade and repair landscaping and irrigation systems in the public rights -of -way located within the Forest Creek Subdivision (PUD No. 4). Terms of the agreement require that a detailed landscaping plan be submitted to the Director of Planning and the Director of Public Works for review and approval prior to the installation of any landscaping or irrigation systems.