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R-96-06-13-10E - 6/13/1996Mayor Charles Culpepper Mayor Pro-tem Earl Palmer Coundl Members Robert Stlaka Rod Morgan Rkk Stewart Martha Chavez Jimmy Joseph City Manager Robert L Benner Jr. City Attorney Stephan L Sheets November 18, 1996 Mr. Tim Timmerman P. 0. Box 163061 Austin, Texas 78716 Dear Mr. Timmerman: Enclosed is your copy of the resolution and original license agreement for the landscape and irrigation system for Round Rock Ranch. If you have any questions, please do not hesitate to contact me. ncerely, cuttoi Christine Martinez Assistant City Secretary enclosures Fax: 512-218-7097 1- 800. 735.2989 MD 1-800-735-2988 Voice 221 East Main Street Round Rock, Texas 78664 512 - 218 -5400 Mayor Charles Culpepper Mayor Pro-tem Earl Palmer Council Members Robert Sduka Rod Morgan Rick Stewart Martha Chavez Jimmy Joseph C4 Manage' Robert L Bennett, Jr. cltyAttorney Stephan L Sleets November 18, 1996 Round Rock Ranch Homeowner's Association Attn: Lance Hughes, President 1301 Hwy 360 South, Suite A306 Austin, Texas 78746 Dear Mr. Hughes: 221 East Main Street Round Rock, Texas 78664 512-218-5400 Endosed is your copy of the resolution and original license agreement for the landscape and irrigation system for Round Rock Ranch. If you have any questions, please do not hesitate to contact me. / Sincerely, , Christine Martinez Assistant City Secretary enclosures Fax: 512- 218 -7097 1- 800. 735 -2989 TDD 1.800.7352988 Voice Mayor Charles Culpepper Mayor Pro-tem Earl Palmer Councll Members Robert Stlaka Rod Morgan Rick Stewart Martha Chavez Jimmy Joseph City Manager Robert L Bennett Jr. City Attorney Stephan L Sheets CITY OF ROUND ROCK October 1,1996 Mr. Tim Timmerman 4903 Whitethorn Austin, Texas 78746 Dear Mr. Timmerman: At your request, I am sending you the three original license agreements that need to be signed and notarized for landscape and irrigation system for Round Rock Ranch. Please return one signed original agreement to me. If you have any questions, please do not hesitate to contact me. Sincerely, Joanne Land, Assistant City Manager/ City Secretary enclosures Fax: 512-218-7097 1-800-735-2989 TDD 1- 800. 735 -2988 Voice 221 Pau Main Street Round Rock Teas 78664 512-218-5400 November 13, 1996 Ms. Christine Martinez City of Round Rock 221 East Main Round Rock, TX 78664 RE: Licensing Agreement Dear Ms. Martinez: ROUND ROCK RANCH, LTD. P.O. BOX 163061 AUSTIN, TX 78716 519. 306.0500 Enclosed please find the fully executed licensing agreement for Gattis School Road. I apologize for the delay, but we had to get the blessing from the homeowner's association. Please let me know if you need anything else. Timothy Timmerman, President Commerce Properties, Inc., General Partner WHEREAS, the Round Rock Ranch Homeowners Association and Round Rock Ranch, Ltd. ( "Licensee ") desire to install and maintain landscaping and irrigation systems in certain public rights -of -way within Gattis School Road, 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 13th day of June, 1996. ATTEST: C-\ WPDCCS \RRSOLDTI \RS60611R.RPD /kg LAND, City Secretary RESOLUTION NO. R- 96- 06- 13 -10E CHARLES CULFEP/AER, Mayor City of Round Rock, Texas LICENSE AGREEMENT This Agreement is made this / day of • / 1996, by and between the City of Round Rock, (hereinafter "Licensor "), a Texas home rule municipality, and Round Rock Ranch, Ltd. and Round Rock Ranch Homeowner's Association, (hereinafter, "Licensee "). Whereas, Licensor is the owner of the real property (hereinafter, "Property ") described as a fifteen (15') foot strip of land in the northern right -of -way of Gattis School Road directly south of Round Rock Ranch PUD No. 13; 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: U: \TE %T \LICENCCC RR /kg 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 Director 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. 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 2. 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. 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. 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 ATTN: Robert L. Bennett, Jr. 221 East Main Street Round Rock, Texas 78664 LICENSEE: Round Rock Ranch, Ltd. ATTN: Tim Timmerman P.O. Box 163061 Austin, Texas 78716 Round Rock Ranch Homeowner's Association ATTN: Lance Hughes, President LANDA 1301 Hwy 360 South Suite A306 Austin, Texas 78746 3. IN ITNESS WHEREOF, this AGREEMENT is executed on this : day of 1996. CITY OF ROUND ROCK arles Culp pr Mayor Round Rock Ranch, Ltd. Round Rock Ranch Homeowner's Association 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. Given under my hand and seal of office on this the day of �,{,/}�LQi , 1996. 4. NOTARY PUBLIC in and for the State of Texas STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned, a notary public in and for said c my and state, on ths., day personally , appeare , as S eGbFi+`r r � mn,c.rt,C f, / i rc-s, P s,c. for ound Rock Ranch, Ltd., a Texas limited liability company, on rv/'Afa- behalf of said company, 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. _even under my ha pd and seal of office on this the day of () , 1996. STATE OF TEXAS COUNTY OF Travis LISA TANNER E # Notary Public y .., STATE OF TEXAS My Comm. Exp. 07 /31/99 BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally, appeared h.tgq I nnce R. I , as P resident for Round Rock Ranch Homeowner's Association, on behalf of said Association, 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 3 M— day of C)c -fnhor , 1996. „n + ** UN HA KIM NOTARY PUBLIC 4 State of Texas Comm. Exp. 042 8-2000 5. NOTARY PUBLIC in and for the State of Texas Date: June 11, 1996 Subject: City Council Meeting June 13,1996 Item: 10.E. Consider a resolution authorizing the Mayor to execute a license agreement for Round Rock Ranch. Staff Resource Person: Joe Vining Staff Recommendation: Approval This is the standard license agreement allowing for landscape plan approval by the Director of Public Works and the Director of Planning. The landscape area for the license agreement is along Gattis School Road and the Round Rock Ranch PUD.