R-96-10-10-14C - 10/10/1996WHEREAS, the City of Round Rock, Texas, is the owner of the
public right -of -way known as Jazz Street, and
WHEREAS, Continental Homes of Austin, L.P., d /b /a Milburn
Homes, the owner of the Remington Heights Subdivision, desires to
exercise certain rights and privileges upon the public right -of -way
located on Jazz Street from its intersection with Louis Henna
Boulevard to the northern boundary of the Remington Heights
Subdivision, 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 Continental Homes of
Austin, L.P., d /b /a Milburn Homes for the construction and
maintenance of an area identification sign, landscaping and related
irrigation in and upon Jazz Street, from its intersection with
Louis Henna Boulevard to the northern boundary of the Remington
Heights Subdivision, a copy of which is attached hereto as Exhibit
.A11
ATTEST:
RESOLVED this 10th day of October, 1996.
E LAND, City Secretary
%.\ HPOOOS \AESOLPfx \E561O10O.WP0 /ccg
RESOLUTION NO. R- 96- 10- 10 -14C
it
CHARLES CULPEg R, Mayor
City of Round Rock, Texas
LICENSE AGREEMENT
This Agreement is made this D day of , 1996, by and between the
City of Round Rock, (hereinafter "Licensor "), a Texas home rule municipality, and Continental
Homes of Austin, L. P. , d/b /a Milburn Homes ( hereinafter "Licensee ").
Whereas, Licensor is the owner of the real property (hereinafter, "Property"), known as
Jazz Street, which includes 70' of right -of -way located from the southern boundary of the right -
of -way of County Road 170, also known as Louis Henna Boulevard., to the northern boundary
of the Remington Heights Subdivision, Section One, Phase A, said Property depicted on Exhibit
"A ", attached hereto and incorporated herein; and
Whereas, Licensee desires to exercise certain rights and privileges upon public right -of-
way from the curb lines of Jazz Street to the eastem and western boundaries of said Property; and
Whereas, Licensor desires to grant Licensee certain rights and privileges upon public
rights -of -way within the Property.
NOW, THEREFORE, it is agreed as follows:
License
1. Licensee shall have the right to install, construct, operate, maintain, replace, and
upgrade a sign, landscaping and related irrigation in and upon public right -of -way from the curb
lines of Jazz Street to the eastern and western boundaries of said 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 landscaping and related
irrigation, 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.
C \TEXfROUNOROC\CONT1NEN WPOhdc
Consideration
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. This license may be assigned to a homeowner's association, subject to written
approval by the Director of Planning and Community Development.
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:
IN WITNESS WHEREOF, this AGREEMENT is executed on this ' J0 day of
Se.t4triNN,tr, 1996.
ATTEST:
P.
e Land, City Secretary
STATE OF TEXAS
LICENSOR: City of Round Rock
221 East Main Street
Round Rock, Texas 78664
LICENSEE: Continental Homes of Austin, L. P. , d/b /a Milburn
Homes
P. O. Box 9802- 682/78766
4515 Seton Center Parkway
Suite 200
Austin, Texas 78759
Notice
3.
CITY OF ROUND ROCK
Mayor
Charles Culpepper
CONTINENTAL HOMES OF AUSTIN, L. P.
D/B /A MILBURN HOMES ny
' LHTE7�or *U4TiN t Yx> . , it sail -Twa -Dfte
E. itchell
Vice ' 'dent
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.
(Q Gi en under my hand and seal of office on this the
(�( , 1996.
STATE OF TEXAS
COUNTY OF ! is
4.
/D'
DEBORAH E. MACK
' Notary Public, State of Texae
•
' j My commission ExOrse
„z JAN. 26, 1998
day of
NOTARY PUBLIC in and fo r the
State of Texas
BEFORE ME, the undersigned, a notary public in and for said county and state, on this
day personally appeared Terry Mitchell, vice- president a onttnen • ' omes of Austin, L. ' .
, d/b /a Milbum Homes , on behalf of said limited partnership, 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 `
Given under my hand and seal of office on this the 30 day of
, 1996.
OTARY P LIC in and
O in and for or
TARY P LIC the
State of Texas
EXHIBIT 4A
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Jazz Street
North of Remington Heights
Phase One Section A
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October 4, 1996
VIA HAND DELIVERY
Ms. Mona Ryan
Executive Planning Assistant
- Department of_ Community
Planning and Development
City of Round Rock_
221 E. Main Street
Round Rock-,-Texas 78664 t,
• i1
Re: t` Remington Heights Subdivision License Agreement
Dear Mona:. - -
Pursuant.to our conversation yesterday, we are providing the attached copy of the executed License
Agreement for the Remington Heights subdivision. It is our understanding that this item is on the
October Round Rock city council agenda for approval. We greatly appreciate your assistance
in helping oversee and coordinate this matter. Should anything in this correspondence be incorrect
please contact me immediately.
Very truly-yours,
Kenneth T: Blaker
Project Manager
KTB:spy
cc: Robert Belanger
fl1bun
Welcome Home
4515 Seton Center Parkway • Suite 200 • Austin, TX 78759 • P.O. Box 9802 -921 • Austin, TX 78766 • (512) 345 -HOME • Fax (512) 345 -6683
Date: October 8,1996
Subject: City Council Meeting October 10,1996
Item: 14.C. Consider a resolution authorizing the Mayor to execute a license
agreement for an area identification sign, landscaping and related
irrigation located in the public right -of -way on Jazz Street in the
Remington Heights Subdivision.
Staff Resource Person: Joe Vining
This is the standard license agreement for signage and landscaping in the right of way.
Landscaping and irrigation plans must be approved by the Director of Planning and the
Director of Public Works. The site plan for signage must also be approved prior to
installation.
;� ,� ►� ; CITY OF ROUND ROCK
Mayor
Charles Culpepper
Mayor Pro -tem
Earl Palmer
Council Members
Robert Stluka
Rod Morgan
Rick Stewart
Martha awvez
Jimmy Joseph
City Manager
Robert L Bennett Jr.
Cit Attorney
Stephan L Sheer:
October 15, 1996
Mr. Terry E. Mitchell, Vice President
Continental Homes of Austin, L.P.
D /B /A Milburn Homes
P.O. Box 9802 -682
Austin, TX 78766
Dear Mr. Mitchell:
Resolution No. R- 96- 10- 10 -14C was approved by the Round Rock
City Council on October 10, 1996.
Enclosed is a copy of the resolution and license agreement for
your files. If you have any questions, please do not hesitate to
call.
Sincerely, j,
J c a/vutLJ ,iruyLeb
Joanne Land
Assistant City Manager/
City Secretary
Enclosure(s)
Fax: 512-218-7097 1- 800. 735.2989 TDD 1 Voice
221 East Main Street
Round Rock Texas 78664
512 - 218.5400