CM-06-04-066IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII AGR
7 PGS
LICENSE AGREEMENT
2006035229
I th
This Agreement is made this 1'l - day of ApRiki
2006, by and between the CITY OF ROUND ROCK, (hereinafter
"Licensor"), a Texas home rule municipality, and CPG ROUND ROCK,
L.P., (hereinafter, "Licensee", whether one or more).
Whereas, Licensor is the owner of the real property
(hereinafter, "Property"), which is the public right-of-way 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. Licensee shall have the right to install, construct,
operate, maintain, upgrade, and repair landscaping and
irrigation systems in, over and upon public rights-of-way
located within the Property, as 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 Chief
of Public Works Operations for review and approval.
Qm- 010 -04 -1106
1.
It is further understood that Licensee must comply with all
other requirements of the Code of Ordinances of the City of
Round Rock, Texas.
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
2.
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 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: CPG ROUND ROCK, L.P.
c/o John Klein
3.
105 Eisenhower Parkway
Roseland, NJ 07068
IN ITNESS WHEREOF, this AGREEMENT is executed on this P7(-3
day of , 2006.
CITY OF ROUND ROCK
Bv:
ES R. NUSE, City Manager
CPG ROUND ROCK, L.P.
By: CPG Texas Finance I, LLC, General
Partner
By:
Printed N
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
t L` day of A f 2.0 L.,,
•` ::F.,";;7_, MICHAEL MASON WEAVER
Nota
s• „.y: ry Public, State of Texas
My Commission Expires
►,,,,,„� January 31, 2010
STATE OF NEW JERSEY
COUNTY OF ESSEX
§
§
§
, 2006.
NO Y PUBLIC in and for the
St •: to of Texas
BEFORE ME, the undersigned, a notary public in and for said
county and state, on this n� day personally appeared
M. car" J • _51'1 (,/, f \ 20 PdPrtcat f_ N.L/€10t fof CPG Round
Rock, L.P., on behalf of said limited partnershiMp, 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
f day of A/Lara , 2006.
After Recording, Please Return To:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
5.
NOTARY PUBLIC in and for
the State of NEW JERSEY
Patricia Ardine
Notary Public, State of New Jersey
My" Comma] ciry L'yr cs October 24, 2007
Exhibit "A"
CPG Round Rock License Agreement
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:04 riAnfarrY
DATE: April 12, 2006
SUBJECT: City Manager Approval at the April 14, 2006 Staff Meeting
ITEM: Consider a resolution authorizing the City Manager
to execute a License Agreement with CPG Round
Rock, L.P. for the right to install landscaping and
irrigation in the rights-of-way of Oakmont Drive
and Teravista Parkway pursuant to the construction
plans approved on April 10, 2006.
Department:
Staff Person:
Planning
Jim Stendebach, Planning Director
Nicole Crutchfield, Principal Planner
Justification: To beautify the City of Round Rock's communities and
public rights-of-way. The improvements in the rights-of-
way also satisfy requirements that PUD 60 requires of the
developer.
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. The
improvements to the rights-of-way also
satisfy PUD 60 requirements.
Public Comment: None required.
Request for City Council/City Manager Action
0 City Council Q' City Manager
Submit completed form for all City Manager and City Council approvals.
For Administration Use ONLY
Department Name: Planning and Community Development
Contact Person:
Project
Manager/Resource: Nicole Crutchfield
Project Coordinator: Nicole Crutchfield
Assigned Attorney:
Vickie Moreno/Richelle Ginelli
Blue Sheet Wording
Charlie Crossfied
Original Documents Received: 149
) 5 A0 l aria i -
Project Name: License Agreement for CPG Round Rock, L.P.
ContractorNendor:
Funding Source:
Amount:
Account Number:
Council or City Manager Approval Date: City Manager - April 14, 2006
None
None
$0.00
None
Consider a resolution authorizing the City Manager to execute a License Agreement with CPG Round Rock, L.P. for the right to install landscaping and
irrigation in the rights-of-way of Oakmont Drive and Teravista Parkway pursuant to the construction plans approved on April 10, 2006.
Finance Information
Is Funding Required? 0 Yes Q`: No
0
Purchasing/Service Agreement
Finance Approval
EDFinance
0 Finance
❑ Purchasing
Budget
Initial Construction Contract
Construction Contract Amendment #
Change Order #
Change in Quantity
Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Svcs. Ac #
Purchase Order
Item(s) to be purchased:
Amount
Other (Please clearly identify action on lines below)
n/a L. Olsen
N/A E. Wilson
N/A CYD
Date 4/12/2006
Date 4/11/2006
Date
Date 4/11/2006
Required for Submissiop.of ALL City Council and City Manager Items
r
Project Mgr. Signature: l'� Mr&_
Dept. Director Signature:
City Attorney Signature"
City Manager Signature:
/ f drOlgigigli
M:1i'
iiiApproval is required for all items.
Date:
i _ Date:
Date:
Date:
Updated 2/16/06