CM-05-10-190'RECO OCT 2 0 2005
Request for City Council/City Manager Action
0 City Council W
City Manager
Submit completed form for ALL City Manager and City Council approvals.
Department Name:
Contact Person:
Planning Department
Vickie Moreno/Kathy Miller
Project Manager/Resource: Nicole Crutchfield
Project Coordinator:
Assigned Attorney:
Nicole Crutchfield
Charlie Crossfield
Council or City Manager
Approval/Agenda Date: City Manager- 10-21-05
Blue Sheet Wording
For Administration Use ONLY
Tag#: C -m-1 OS —lb 141
Documents:
Scan Date:
Return to:
Ric Bowden
Project Name: License Agreement for 306 E. Main Street
Contractor/Vendor: None
Funding Source: None
Amount $a.00
Consider a resolution authorizing the City Manager to execute a License Agreement with Eugene and Marjorie Quick Living Trust to install landscaping and irrigation within the public rights-of-way
of Burnet Street, immediately abutting 306 E. Main Street, pursuant to the construction plans approved 10/07/05.
Finance Information
Is Funding Required?
Finance Approval
Finance
Finance
Purchasing
Budget
IQI Yes No
Initial Construction Contract
Construction Contract Amendment #
Change Order
Change in Quantity
Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Svcs. Agr. #
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased:
Other (Please clearly identify action on lines below)
n/a L. Olsen
N/A E. Wilson
HB
N/A CYD
Date
Date
Date
Date
Amount
10/19/2005
10/18/2005
10/17/2005
10/18/2005
For Submission to ALL Cit Council and City Manager Action Items
Project Mgr. Signature: Date:
Dept. Director Signature*:
mate:
City Attorney Signature*: Date:
City Manager Signature: Date:
/a-m.o5-
In-21-o`_-,
* Dept. Director and Le "! 1 Approval and is required for ALL items requesting City Manager/City Council approval,
Updated 6-9-05
DATE:
SUBJECT:
Meeting
ITEM:
Department:
Staff Person:
October 21, 2005
City Manager Approval at the October 21, 2005 Staff
Consider a resolution authorizing the City Manager
to execute a License Agreement with Eugene and
Marjorie Quick Living Trust for the right to install
landscaping and irrigation in the public rights-of-
way of Burnet Street, immediately abutting the
property located at 306 E. Main, pursuant to the
construction plans approved 10/07/05.
Planning
Jim Stendebach, Planning Director
Nicole Crutchfield, Principal Planner
Justification: To beautify the City of Round Rock's public rights-of-way
and beautify development in the downtown area.
Funding:
Cost:
Source of funds:
Outside Resources:
Background Information:
None
None
N/A
The construction plans have been approved
by the Development Review Committee,
which includes the review by the Planning
Department and Engineering and
Development Services Department.
Public Comment: None required.
LICENSE AGREEMENT
This Agreement is made this day
2005, by and between the CITY OF ROUND
"Licensor"), a Texas home rule municipality,
MARJORIE QUICK LIVING TRUST, (hereinafter,
one or more) .
Whereas,
(hereinafter,
depicted in
herein; and
of ®6((297i
ROCK, (hereinafter
and the EUGENE AND
"Licensee", whether
Licensor is the owner of the real property
"Property"), which is the public right-of-way as
Exhibit "A", attached hereto and incorporated
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. Licensee shall have
operate, maintain, upgrade,
irrigation systems in, over
located within the Property, as
the right to install, construct,
and repair landscaping and
and upon public rights-of-way
described in Exhibit "A
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 current or subsequent landscaping or irrigation systems,
Licensee shall present a detailed landscaping plan, with
associated irrigation, to the Director of Planning and the
Director of Public Works for review and approval.
It is further understood that Licensee must comply with all
other requirements of the Code of Ordinances of the City of
Round Rock, Texas.
G:\License Agreement\306 E. Main\License Agreement-master.DOC
It is further understood that Licensor has no duty to
maintain, operate, replace, upgrade, or repair any improvement
in or upon the Property, including the
Payment of any fees of
any kind associated with any improvements.
Consideration
2. In consideration for this license, Licensee shall pay
Licensor $10.00 and other valuable consideration paid by
Licensee to Licensor.
Nonassignable
3. This license granted in this Agreement is personal to
Licensee or any 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.
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
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.
2.
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
Licensees 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 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: James R. Nuse, City Manager
221 East Main Street
Round Rock, Texas 78664
COMPANY: EUGENE AND MARJORIE QUICK LIVING TRUST
c/o Don Quick
1000 N. IH -35, Ste.A
Round Rock, TX 78681
IN WITNESS WHEREOF, this AGREEMENT is executed on this �I
day of oc-f pb- , 2005.
CITY OF ROUND ROCK
3.
By:
ES R. NUSE, City Manager
EUGENE AND MARJORIE QUICK LIVING TRUST
By:
Printed Na
Title:
4.
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 JAMES R. NUSE,
as City Manager 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.
Given
under my hand and seal of office on this the
, 2005.
day of 0C4-obe-r-
SHERRI MONROE
Notary Public, State of Texas
My Commission Expires
STATE OF TEXAS
MAY 7, 2007
§
§
§
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned, a
/14
NOTARY PUBLIC in and for the
State of Texas
notary public in and for said
dayersonal appeared
county
�n �t,t�^ te, on this personally
of
EUGENE
MARGORIE LIVING TRUST, on behalf of said trust, known tome AND
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.
Given under my ilan and,, seal of office on this the
day of Lt+ , 2005.
After Recording, Please Return To:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
5.
F.4
NOTARY PUBLIC in and` for
the State of Texas
306 E. Main St.
3
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