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R-96-08-22-10D - 8/22/1996RESOLUTION NO. R- 96- 08- 22 -10D WHEREAS, The Woods Assn. of Owners, Inc.,( "Licensee ") desires to install and maintain a fence in and upon certain public rights -of -way located along Creekbend Blvd., and WHEREAS, the City Council desires to grant Licensee certain rights and privileges with respect to the installation and maintenance of a fence in and upon 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 installation and maintenance of a fence in and upon the public rights - of - way, a copy of said Agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 22nd day of August, 1996. ATTEST: •#i J4LI! x.111 K:\ WPDOCS \RRSOLDTI \R860822D.WPD /scg LAND, City ecretary CHARLES CU PE`FPER, Mayor City of Round Rock, Texas LICENSE AGREEMENT with THE WOODS ASSN. OF OWNERS, INC. NOW, THEREFORE, it is agreed as follows: Z 1TEXTROUNDROMOODGLE2LICl1 g License Consideration This Agreement is made this pica day of (� L� L(�.C� 1996, by and between the City of Round Rock, (hereinafter "Licensor "), a Texas ho a rule municipality, and The Woods Assn. of Owners, Inc., hereinafter referred to as "Licensee ". Whereas, Licensor is the owner of the real property (hereinafter, "Property"), located along the eastern right -of -way of Creekbend Blvd., from Sam Bass Road north to the common boundary line for The Woods, Sec. 1 and The Plantation, Sec II, as depicted on Exhibit "A"; 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. 1. Licensee shall have the right to install, construct, operate, maintain, replace, upgrade, and repair a fence 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 fence, Licensee shall present a detailed plan to the Director of Public Works and the Director of Planning for review and approval. 2. In consideration for this Agreement, 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 Agreement is not assignable and any attempt to assign this Agreement 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 be required 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 in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. 2. 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: ATTEST: Notice LICENSOR: City of Round Rock 221 East Main Street Round Rock, Texas 78664 LICENSEE: The Woods Assn. of Owners, Inc. Buffington/Keller Properties 8716 N. MoPac Expwy. 4220 Austin, Texas 78759 -8368 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. - - a f �.� ^ IN WITNESS WHEREOF, this AGREEMENT is executed on this ci d` , day of l , 1996. 3. CITY QF ROUND ROCK Charles Culpepper Mayor THE WOODS ASSN. OF OWNERS INC. By: i 1 DON HESTAND, President STATE OF TEXAS COUNTY OF WILLIAMSON STATE OF TEXAS 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. as .; 11 Given, under my hand and seal of office on this the COUNTY OF I,VJLL/I{/YI ek day of 1996. 4. UU� nai t 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 DON HESTAND, president of The Woods Assn. of Owners, Inc., 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. p�D Given der my hand and seal of office on this the day of , 1996. NOTARY PUBLIC in and for the State of Texas Woods Home Owners Association License Agreement RECEIVED CCT 0 91996 THE WOODS ASSOCIATION OF OWNERS, INC. DIRECTORS MEETING MINUTES July 24, 1996 The meeting, at the offices of Buffington/Keller Properties, Inc., was called to order at 2:00 pm. by President Don Hestand. Directors attending were Hestand, Earl Hairston and Gary Werner. Property Manager Ed Keller and Alfred Chapple of Buffington/Keller Properties were also in attendance. The financial report covering operations through June 30, 1996 was presented by Ed Keller. Increase in cash year -to -date was $7,389 even though one -half of Phase 1 of the perimeter had been paid for. Cash on hand at the end of the period was $66,135.24. The Manager reported that expenses for the year were $7,232 under budget. Plans were approved to install a cork -board bulletin board, a public telephone and a soft drink machine at the pool. A status report on deed restriction violations was given by President Hestand. He noted that two recent boat violations had been cured. After a motion by Director Werner and a second by Director Hairston, Director Hestand was elected President. President Hestand nominated Director Werner for Vice President; second by Director Hairston. Vice President Werner nominated Director Hairston for Secretary/Treasurer; second by President Hestand. Werner and Hairston were elected by acclamation. There being no further business, the meeting was adjourned at 3:40 pm. Exhibit "B" Date: August 20,1996 Subject: City Council Meeting August 22,1996 Item: 10.D. Consider a resolution authorizing the mayor to execute a license agreement with the Woods Homeowners Association. Staff Resource Person: Joe Vining Staff Recommendation: Approval The attached license agreement between the City and the Woods Assn. of Owners, Inc. will allow the HOA to "install, construct, operate, maintain, replace, upgrade and repair a fence" in the public right of way located along the eastern right of way of Creekbend Blvd. from Sam Bass Road north to the common boundary line for The Woods, Sec. 1 and The Plantation, Sec. II. The HOA must present a detailed plan to both the Director Public Works and the Director of Planning for review and approval.