R-99-10-14-13D1 - 10/14/1999Mayor
Robert A. Stlaka, Jr
Mayor Pro -tem
Martha A. Chavez
Council Members
Tom Nielson
Earl M. Hairston
Rick Stewart
Earl Palmer
Jimmy Joseph
City Manager
Robert L Bennett, Jr
City Attorney
Stephan L Sheets
CITY OF ROUND ROCK
December 21, 1999
Mr. Francis J. Clifford, President
Reid - Clifford, Inc.
303 W. Liberty
Round Rock, Texas 78664
Dear Mr. Clifford:
The Round Rock City Council approved Resolution No. R- 99- 10- 14 -13D1 at
their regularly scheduled meeting on October 14, 1999. This resolution
approves the license agreement for landscaping and irrigation systems in and
upon the public right -of -way.
Enclosed is a copy of the resolution and License Agreement for your files. If
you have any questions, please do not hesitate to contact Joe Vining at 218-
5415.
Sincerely,
oanne Land
Assistant City Manager/
City Secretary
Enclosures
Fax: 512- 218 -7097
km42(--
1 -800- 735 -2989 TDD 1- 800 - 735 -2988 Voice
www ci.round- rock,tx. us
221 East Main Street
Round Rock, Texas 78664
512 -218 -5400
RESOLUTION NO. R- 99- 10- 14 -13D1
WHEREAS,the City of Round Rock, Texas is the owner of the public
right -of -way located on West Liberty abutting the real property
described as Lots 13, 14, and 15, Block 25 of the City of Round Rock,
and
WHEREAS, Reid-Clifford Incorporated desires to exercise certain
rights and privileges upon the unpaved portion of the public right -of-
way located on West Liberty abutting the real property described as
Lots 13, 14, and 15, Block 25 of the City of Round Rock, 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 Reid - Clifford Incorporated
for the right to install, construct, operate, maintain, upgrade, and
repair landscaping and irrigation systems in and upon the public right-
of-way located on West Liberty abutting the real property described as
Lots 13, 14, and 15, Block 25 of the City of Round Rock, a copy of
which is attached hereto and incorporated herein for all 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
K:\ wpnocs \REsonvrr \R91o19O1.w /seg
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended, and the Act.
A EST:
RESOLVED this 14th day of O
E LAND, City Secretary
2
ct. 1999.
ROT A. STLUKA, ! , Mayor
City of Round Rock, Texas
1. Licensee shall have the right to install, construct,
maintain, and repair a sign and landscaping and related irrigation
on said public right -of -way at the location described in Exhibit
"A ", attached hereto and incorporated herein.
2. 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.
3. It is further understood that before the installation of
any sign, or any landscaping or related irrigation, Licensee shall
present a detailed design plan to the Director of Planning for
review and approval. Said sign and landscaping and related
irrigation shall be installed, constructed, maintained, upgraded
and repaired in conformance with the Code of Ordinances (1995
Edition), City of Round Rock, Texas.
LICENSE AGREEMENT
This Agreement is made this 1"1 day of 00.■616
1999, by and between the CITY OF ROUND ROCK, (hereinafter
"Licensor "), a Texas home rule municipality, and the REID- CLIFFORD,
INC., (hereinafter, "Licensee ").
Whereas, Licensor is the owner of the public right -of -way
abutting the real property described as Lots 13, 14 and 15, Block
25 of the City of Round Rock, Texas, as recorded in Cabinet A,
Slide 180 -181, Plat Records of Williamson County, Texas; and
Whereas, Licensee desires to exercise certain rights and
privileges upon said public right -of -way; and
Whereas, Licensor desires to grant Licensee certain rights and
privileges upon said public right -of -way; and
NOW, THEREFORE, it is agreed as follows:
4. It is further understood that Licensor has no duty to
maintain, replace, upgrade, or repair any improvement located
within said public right -of -way.
C:\ TE% T\ R0 0NDROC \LSCENSE \CLIFFOP➢."PO /cdc
License
Consideration
5. In consideration for this license, Licensee shall pay
Licensor $10.00 and other valuable consideration paid by Licensee
to Licensor.
Nonassignable
6. This license is personal to Licensee. It is not
assignable, and any attempt to assign this license will terminate
the license.
Terminable at Will
7. This Agreement is terminable by either party at will by
the giving of written 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.
2.
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:
CITY: City of Round Rock
ATTN: City Manager
221 East Main Street
Round Rock, Texas 78664
COMPANY: Attn:, _ e I
D
IN � l
HEREOF, this AGREEMENT is executed on this I4
day of lS� x�JXll/ , 1999.
CITY OF ROUND ROCK
REID- CLIFFORD, INC.
3.
' RT A. STLUKA, Mayor
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 ROBERT A. STLUKA,
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.
I LitGiven under my h.nd and seal of office on this the
day of � OZ& - JL ) , 1999.
STATE OF TEXAS
CHRISTINE R. MARTINEZ
MY COMMISSION EXPIRES
August 5, 2001
MmP
COUNTY OF tA1 Qy�0611 )
BEFORE ME, the undersigned, a notary public in and for said
c a unty and state, on thie n day personally appeared
Zd n _ . as -- Y)),Ati.:■&Wct
for REID CLIFFO INC. , 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 hand, and seal of office on this the
day of to,-nVxl■ , 1999.
4.
NOTARY PUBLIC in and for
the State of Texas
Ch C-0-1.1--) • off aO
NOT A PUBLIC in and for
the ate of Texas
VIRGINIA M. MORENO
xomyPuwSra cams
MyPomNSebn Wier 01.114)
DATE: October 8, 1999
SUBJECT: City Council Meeting — October 14, 1999
ITEM: 13.D.1. Consider a resolution authorizing the Mayor to execute a
License Agreement with Reid - Clifford Incorporated to locate a
sign, landscaping and irrigation systems in the public right of
way located on West Liberty abutting the real property described
at Lots 13, 14, and 15, Block 25 of the City of Round Rock,
Texas. Staff Resource Person: Joe Vining, Planning Director.
F. M. 6 2 0 ( R O U N D ,
(90 '12. O. W.) R O C K A V E