Loading...
R-96-03-14-10E - 3/14/1996• Mayor Charles Culpepper Mayor Pro-tem Earl Palmer Council Members RaberhSiluka Rad Morgan . RlckStewars' 'Martha Chavet Jlmmy Joseph City Manager Robert L Bennett, Jr. City Attorney Stephan L Sheets CITY OF ROUND•ROCK April 1; 1996 David Hill 3406 Ltd. 2722 South Medford Lufkin, TX 75901 Dear Mr. Hill: Resolution No. R- 96- 03- 14-10E was approved by the Round Rock City Council on March 14,1996: • Enclosed is a• copy .of the resolution and agreement for your files. If you have any questions, please do not hesitate to call. ' Joanne Land Assistant City Manager/ City Secretary Endosure(s) • Fax: 512-21B-7P97 1.8001733.2989 TDD 1.SO0- 735.2988 Voice 221 East Maio Street Round Rock. Thus 78464 512.218.5400 • WHEREAS, 3406, Ltd. ( "Licensee ") wishes to have the right to install and maintain landscaping and irrigation in certain public rights -of -way owned by the City of Round Rock ( "City "), and WHEREAS, the City wishes to grant to Licensee the right to construct and maintain such landscaping and irrigation, 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 3406, Ltd., a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 14 day of March, 1996. ATTEST: E LAND, City Secretary C:\ NPDOCS \RSSOLUTI \RS60J19S.NRD /kg RESOLUTION NO. R- 96- 03- 14 -10E CHARLES CU R, Mayor City of Round Rock, Texas LICENSE AGREEMENT This Agreement is made this ' 7 — day of /) OJ1.,� , 1996, by and between the City of Round Rock, (hereinafter "Licensor "), a Texas home rule municipality, and 3406, Ltd., hereinafter referred to as "Licensee" Whereas, Licensor is the owner of the real property (hereinafter, "Property "), located along the northern right -of -way of FM 3406 at its intersection with Plantation Drive, and along the right -of -way of Plantation Drive within the Wood Glen Subdivision for a distance of approximately 850 feet from the intersection of FM 3406 and Plantation Drive. 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: U IIEXNIOUNDROC \W OODGLEN LIC/Ig License 1. Licensee shall have the right to install, construct, operate, maintain, replace, upgrade, and repair signage, 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 signage, landscaping or irrigation systems, Licensee shall present a detailed landscaping plan, with associated irrigation, to the Director of Public Works and the Director of Planning 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. All fees, including but not limited to, water and wastewater fees, building permit fees, etc., are not waived. Nonassignable 3. This license is personal to Licensee. The license may be assigned to the Wood Glen Homeowner's Association. It is not assignable to any other person or entity, and any attempt to assign this license will terminate the license, unless said assignment is approved in writing by the Licensor prior to the assignment. 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. Venue 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. 2. Notice 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: LICENSOR: City of Round Rock 221 East Main Street Round Rock, Texas 78664 LICENSEE: 3406 Ltd. David Hill 2722 South Medford Lufkin, Texas 75901 Authority 9. 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. yy/� IN WITNESS WHEREOF, this AGREEMENT is executed on this PI ay of / 7 01-01.1 , 1996. ATTEST: 11 0441.4 4 nne Land, City Secretary 3. CITY OF ROUND ROCK 3406 d. By: W' Printed Name: Davi rt A. H i l l Title: 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. r t{t Giver my hand and seal of office on this the 1 day of STATE OF TEXAS COUNTY OF Williamson 4. State of Texas NOTARY PUBLIC in and for the State of Texas BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally appeared David A. Hi 11 , 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 hand and seal of office on this the 2Rth day of March , 1996. lCA NOTRY PUBLIC in and for the VIRGINIA M. MORENO Notary NM State of Teas My Commtssinn Wes 01 -11-00 - M. 3 4 0 6 - \Apr) Gt. Date: March 12, 1996 Subject: City Council Meeting March 14, 1996 Item: 10.E. Consider a resolution authorizing the Mayor to enter into a landscaping and signage license agreement with DH Investments for the Wood Glen Subdivision. Staff Resource Person: Joe Vining Staff Recommendation: Approval The attached license agreement permits the owner of the Wood Glen Subdivision, 3406 Limited, to landscape the northern right of way of FM 3406 at its intersection with Plantation Drive and along the right of way of Plantation Drive within the Wood Glen Subdivision for a distance of approximately 850 feet from the intersection of FM 3406 and Plantation Drive. ECONOMIC IMPACT: None.