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R-98-01-22-10F - 1/22/1998RESOLUTION NO. R- 98- 01- 22 -IOF WHEREAS, Dresser Industries. Inc., owns property located within the City bamass. and WHEREAS, Dresser Industries Inc, desires to use a portion. of the City',s right -of -way under Parker Dri.vf for a computer communicat=ions conduit., and WHEREAS, the City Council desires to enter into a License Agreement granting Dresser Industries, Inc. the right to install and maintain one underground conduit under the City's right of way at the 200 block of Parker Drive, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor .s hereby authorized and directed to execute on behalf of the City a License Agreement with Dresser Industries, Inc., a copy of such agreement being attached hereto and incorporated herein for all intents and purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution. was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 22nd day of Janua , 1998. E LAND City Secretary K, \WP ROCS \RESOLUTI \R880112P.W. ?D /scg CHARLES CUL'PSaPER, Mayor City of Round Rock, Texas THE STATE OF TEXAS § COUNTY OF WILLIAMSON § LICENSE AGREEMENT That the CITY OF ROUND ROCK, TEXAS, a municipal corporation ( "City "), the address of which is 221 East Main, Round Rock, Texas 78664, in consideration of the agreements made herein by DRESSER INDUSTRIES, INC.., a Delaware corporation, the address of which is 3814 Jarrett Way, Austin, Texas, 78728( "Licensee "), grants a license to Licensee to install and maintain, at its expense, one (1) underground conduit under the public right -of -way of the 200 block of Parker Drive in the City of Round Rock, Texas, between Licensee's buildings 4 and 5, located on either side of Parker Drive, in the Corridor Park Corporate Center( "Licensed Space "), as more particularly described in Exhibit "A," said exhibit being attached hereto and incorporated herein for all intents and purposes, and to install, maintain, repair, replace, remove, operate and use within the Licensed Space, such underground conduit for conductor allowing computer communication purposes. 1, The granting of this license, and the issuance by the City of any related permits, shall not constitute any abandonment by the City of any rights of any nature in the Licensed Space, The underground conduits will contain one 4 -inch conduit for computer communications. Licensee shall be responsible for installation and maintenance of the underground conduit. The Licensee agrees to hold harmless, defend and indemnify the City, its officers, agents, and employees from and against any and all claims, causes of action, liabilities, or damages including claims for contribution or indemnity arising directly or indirectly under or in any way connected to or associated with the underground conduits, including but not limited to the installation, maintenance, or removal thereof, for which this license is granted. Licensee shall indemnify City, and for or on account of City to make defense against all claims for damages to persons or to property alleged to have been caused through the negligent performance of any part of any work, whether that default be asserted to have been in the performance of a duty of employees to I: \TEXT\ CITY \ROUNDROC \FOM]s \CONDUIT. LIC /klh 2, 3, 1 the owners of property or to the members of the public. Licensee shall he responsible to City for the acts and omissions of all persons, firms or corporations directly or indirectly employed by Licensee in connection with installation or maintenance of the underground conduit. 4. All such construction, maintenance and operation shall be performed in accordance with the directives and requirements of Licensor, or its duly authorized representatives. The plans and specifications therefor have been approved. by Licensor, or its duly authorized representatives, hut such approval does not and shall not relieve Licensee of responsibility and liability for concept, design and computation in the preparation of such plans and specifications, 5. The Licensee agrees that its use of the underground conduits is subject. to the superior right of the City and any public utility company to construct, repair, and maintain a public street, sidewalks and utility systems within the street. The Licensee agrees to remove the underground conduit from the Licensed Space, at its own expense, within ten (10) days of the date of notice by the City or any public utility company that the underground conduits interfere with use of the street or for construction, repair or maintenance of a utility system, 6. A. This License shall begin on the date of execution of this License by Licensor and Licensee and shall continue in perpetuity unless terminated pursuant this Paragraph 6. B. If Licensee abandons the use of the Licensed Space for the purposes set forth in this License for a period of 12 consecutive months, then this License shall expire and terminate following thirty (30) days written notice to the Licensee. C. This License may be terminated by Licensee by delivering written notice of termination to Licensor not later than ninety (90) days before the effective date of termination. D. This License may be revoked at any time by resolution of the Licensor's City Council if such revocation is reasonably required by the public interest, after providing not less than thirty (30) days prior written notice to the Licensee or its successors in interest, and if: 2 1. Use of the Licensed. Space becomes necessary for a public purpose which could not be reasonably accomplished by other means not involving the Licensed Space; or 2. The conduit, or a portion of it, constitutes a danger to the public which the Licensor determines in its reasonable judgment not. to be remediable by alteration or maintenance of such improvements. E. If this License is terminated, then Licensor shall have the same complete title to the Licensed Space as though this License had never been made and Licensor shall have the right to enter the Licensed Space and terminate the rights of Licensee, its successors and assigns hereunder. All improvements located within the Licensed Space not removed prior to the expiration of the ninetieth day after the effective date of any such termination. shall be deemed to be the property of the Licensor and if Licensor removes any such improvements, then all costs and expenses incurred by Licensor in connection with such removal. shall be paid. by Licensee to Licensor, within thirty (30) days after receipt of a written demand for payment of such costs and expenses, 7, The rights granted in this agreement are personal to the Licensee, and the Licensee shall not assign or transfer these rights in whole or in part to any third person without the express written consent of the City. In the event that Licensee's use of the Licensed Space ceases, and such consent for transfer of rights to a third party is not given within 90 days of the cessation of use, the Licensee shall be obligated to remove the underground conduits and repair and restore the Licensed Space surface, all at its expense, within 30 days of written notice by the City. 8, This License shall be governed by the laws of the State of Texas, If the final judgment of a court of competent jurisdiction invalidates any part of this License, then the remaining parts shall be enforced, to the extent possible, consistent with the intent of the parties as evidenced by this License. 9. Venue for all lawsuits concerning this License will be in Williamson County, Texas. 10. In any action brought by Licensor for the enforcement of the obligations of Licensee, Licensor shall be entitled to recover interest and reasonable attorneys' fees. 3 ATTEST; ATTEST: � nc- EXECCTTED THIS 0" - day of 411114 ' c ,nne Land ty Secretary • STATE OF TEXAS COUNTY OF WILLIAMSON CHRISTINE R. MAFITIHF2 MY COMMISSION EXPIRES August 5, 200; § , 1998. LICENSOR: CITY OF yLCUND ROCK, TEXAS By: Charles Mayor epper LICENSEE: DRESSER IIU$TEIES, INC By: Iol1n Morris Its: Facilities Manager This instrument was acknowledged before me on the d O - day of QpVtuLl 1998 by CHARLES CULPEPPER, Mayor of the City of Round Rock, texas, on behalf of said entity for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the Aa — day of , 1998. Notary Public, State of Texas 4 STATE OE TEXAS 9 5 COUNTY OF WILLIAMSON 9 This instrument was acknowledged before me on the _� t day 1998, by JOHN MORRIS, Facilities Manager of Dresser Industries', Inc. on behalf of said corporation for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the, ci , 1998. L Notaxly Public, State of Texas 5 .. 'nom N.....�....,...........�,. VIRGINIA M. MORENO r. ohry Puw. See of Terns Nip:smmissu bOes 01 -1 t-5 day of Mr. Al Wille, P.E. City of Round Rock Public Works Department 2008 Enterprise Round Rock, Texas 78664 RE: Corridor Park Corporate Center Building 4 200 A Parker Drive, Suite 400 Austin, Texas 78728 Dear Mr. Wille: II III SECURITY CAPITAL INDUSTRIAL TRUST December 18, 1997 'This letter serves to request a license agreement from the City of Round Rock for the construction of a communications conduit within Parker Drive right -of -way in the City of Round Rock. The conduit will service one of our future customers, Wayne Dresser, who will be located in Corridor Park Corporate Center, Building 4. Wayne Dresser will use the conduit for communication between their main office and the new Round Rock location. The 4" diameter casing will contain data and communication lines and will be constructed according to approved plans. If you have any questions, please feel fret to contact our office at (512) 719 -9292. C: Donna Thomas Rob Wendt John Morris Sincerely, 8801 Wall Street • Austin, Texas 78754 • (512) 719 - 9292 SECURITY CAPIT 1NJUSTRIAI, TRUS' 1 Rus Project) ana,er DATE: January 16, 1998 SUBJECT: City Council Meeting - January 22,1998 1'1'EM: 10.F. Consider a resolution authorizing the Mayor to execute a License Agreement with Dresser Industries, Inc. for a communications conduit in Parker Drive. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: This license agreement will allow a communications conduit to be installed in the right - of -way of Parker Drive, Corridor Park, Sec. 1, to provide communications between Dresser Industries, Inc. facilities. Staff recommends approval.