CM-2014-608 - 12/5/2014City of Round Rock
Ro qno socx Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement for landscape and irrigation with
AMFP II Bartz, LLC related to Hidden Valley Drive.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 12/5/2014
Dept Director: Brad Wiseman, Planning and Development Services Director
Cost: $0.00
Indexes:
Attachments: License Agreement - Hidden Valley, Hidden Valley - Exhibit
Department: Planning and Development Services Department
Text of Legislative File CM -2014-808
The purpose of this License Agreement is to allow landscaping and irrigation in the right of way.
The recommended action is to approve the license agreement.
CRyofRoond Rout Pagel P ~.1L 014
LEGAL DEPARTMENT APPROVAL FOR CITY COLINCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Planning It Develolxnent Services
Project Mgr/Resource: Kamie Fitzgerald
Council Action:
ORDINANCE
Fxx-laty Manager Approval
d Attorney
Project Name: License Agreement
Contractor[Vendor:
RESOLUTION
CMA Wording
Consider executing a License Agreement for landscape and irrigation with AMFP II Bartz, LLC related to Hidden Valley Drive.
Date
O:\wdox\SCClnts\0114\1410\MUNICIPAL\00312080.XLS Updated 6/3/08
LICENSE AGREEMENT
This Agreement is made this _L day of �laa //` , 20_4 by and between the
CITY OF ROUND ROCK, a Texas home role munjclpality, whose address is 221 East Main
Street, Round Rock, Texas 78664 (hereinafter "Licensor"), and AMFP 11 Bartz, LLC, a Texas
limited liability company, whose address is 420 Lexington Ave., Room 2821 c% Michael
Aidekman New York, New York 10170 (hereinafter, "Licensee", whether one or more).
Whereas, Licensor is the owner of the real property (hereinafter, 'Property"), which is the
public right-of-way of Hidden Valley Drive as depicted in Exhibit "A", attached hereto and
incorporated herein; 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:
License
1.1 Licensee shall have the right to install, construct, operate, maintain and repair landscape
planting, and irrigation in, over, and upon public rights-of-way located within the
Property, in accordance with Exhibit "A," subject to all conditions recited herein.
1.2 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.
1.3 It is further understood that before the installation of any of the current or subsequent
improvements depicted in Exhibit A, Licensee shall present a detailed plan to the
Development Services Manager for review and approval. Approval of any plan shall be
solely within the discretion of the Development Services Manager.
1.4 It is further understood that Licensee must comply with all other requirements of the
Code of Ordinances of the City of Round Rock, Texas.
1.5 It is further understood that Licensor has no duty to maintain, operate, replace, or repair
any improvement in or upon the Property, including the payment of any fees of any kind
associated with any improvements.
00310'!]6 Wj.,
II. Consideration
2.1 In consideration for this license, Licensee shall pay Licensor $10.00 and other good and
valuable consideration.
III. Nonassignability
3.1 The license granted in this Agreement is personal to Licensee or any other property
owners association created to maintain Licensee's improvements. This Agreement is not
assignable. Any assignment of this Agreement will automatically terminate the license.
Notwithstanding the foregoing, Licensee shall be permitted to assign Licensee's license
under this Agreement for any entity acquiring all or a portion of Licensee's property
adjacent to the Property provided such assignee assumes Licensee's obligations and
rights granted under this Agreement, and Licensee shall be released from any and all
obligations hereunder accruing after such assignment.
IV. Terminable at Will
4.1 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, at Licensor's option
exercised in writing, will become the property of Licensor and it is agreed that Licensor
will not reimburse Licensee for any costs expended for said improvements.
V. Indemnity
5.1 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.
VI. Release
6.1 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.
VII. Venue
7.1 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.
VIII. Notice
8.1 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
AT IN: Steve Norwood, City Manager
221 East Main Street
Round Rock, Texas 78664
COMPANY: AMFP II BARTZ LLC
420 Lexington Avenue #2821
New York, NY 10170
IN WITNESS WHEREOF, this AGREEMENT is executed on this It day of
20(V.
(Signatures on the following page)
OWNERS
AMFP II Bartz LLC,
By: L
Benjamin Friedman, President
Date: I I 1 T 12-O� 9
CITY OF ROUND ROCK, TEXAS
10
Dat
ACKNOWLEDGMENT
STATE OF li'm A1ry,
COUNTY OF AkU 411IG C
This instrument was acknowledged before me on this L%day of $pt w#r , 2014,
by Benjamin Friedman, President of AMFP 11 Bartz, LLC, whose name is subscribed to the
preceding instrument, and acknowledged to me that he executed it for the purposes and
consideration expressed in it.
Notary Public ' nd for the State of &4 , 11y k
MICHAEL A. AIDEKMAN
Nolmy Public State of New York
No.OlN6188907
QualmsIn New York Courmy
Expires June I6 NII6
4.
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this 50 day of 2014,
by Steve Norwood, City Manager of the City of Round Rock, in the capacity and for the
purposes and consideration therein indicated.
Notary Public in and for the State of Texas
SA"PTN CHAMBLFSS
Notary ubIIC. Stale of ieMos
; s My commisslon Explles
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