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CM-06-04-073IIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIII AGR 7 PGS LICENSE AGREEMENT This Agreement is made this �/ day of 2005, by and between the CITY OF ROUND ROCK, (hereinafter "Licensor"), a Texas home rule municipality, and ESTATES AT SETTLER'S PARK OWNERS ASSOCIATION, INC. (hereinafter, 2005035231 "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, irrigation systems, and masonry fence columns 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. It is further understood that Licensee must comply with all other requirements of the Code of Ordinances of the City of Round Rock, Texas. 6/14 -o6 -c eL077 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. 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: ESTATES AT SETTLERS PARK OWNERS ASSOCIATION, INC. ATTN: Theresa Auld 12554 Riatta Vista Circle, Second Floor Austin, Texas 78727 IN ITNEB WHEREOF, this AGREEMENT is executed on this Oa! __ day of , 2006. CITY OF ROUND ROCK By: J S R. NUSE, City Manager ESTATES OF SETTLERS PARK OWNERS ASSOCIATION, INC. 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 .24 day of FON MICHAEL MASON WEAVER Notary Public, State of Texas My Commission Expires January 31, 2010 STATE OF TEXAS COUNTY OF WILLIAMSON § § § , 2006. N•TARY PUBLIC in and for the tate of Texas BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally appeared TE halR.6ES TiES t WEN l of ESTATES AT SETTLERS PARK OWNERS ASSOCIATION, INC., on behalf of said association, 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 day of �iPtZ.t NN .. f' '•"•67%•' / THERESA LYNN AULD ,j ;' MY COMMISSION EXPIRES t+ « March 23, 2009 After Recording, Please Return To: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 on this the TARY P.:LIC in and for the State of Texas Exhibit "'A" Estates at Settlers Park Owners Association .License Agreement CR T T , •i I!I I I I rit r i 11L1--11L --L-- Round-a-bout �— it Round-a-bout -,--,-,- ,•�, L_,J - __ -_•1 -_�`' ---.�= I I r�` � I _-�-- - en _ _— I I � I I I 'I tit's, to ` CITY OP 'ROUND ROCK (� ADMINISTRATION . 221 EAST MAIN STREET ROUND ROCK. TEXAS 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2006035231 05/03/2006 03:08 PM CARRILLO $40.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS Request for City Council/City Manager Action 0 City Council o City Manager Submit completed form for all City Manager and City Council approvals. Department Name: Planning and Community Development Contact Person: Vickie Moreno/Richelle Gonelli Project Manager/Resource: Nicole Crutchfield Project Coordinator: Nicole Crutchfield Assigned Attorney: Charlie Crossfield For Administration Use ONLY Received...RECIO AP 2 006 Tag # Original Documents Received: Project Name: License Agreement for Estates at Settler's Park Owner's Assoc. ContractorNendor: None Funding Source: Amount: Account Number: Council or City Manager Approval Date: City Manager - April 21, 2006 Blue Sheet Wording None $0.00 None Consider a resolution authorizing the City Manager to execute a License Agreement with Estates at Settler's Park Owners Association, Inc., for the right to install landscaping and irrigation in three locations: the rights-of-way of Settler's Park Loop and Clinton Place, pursuant to the construction plans approved on July 8, 2005; the round -a -bout located at the intersection of Clinton Place and Chamberlain Drive, pursuant to the construction plans approved on September 16, 2005; and the round -a -bout located at the intersection of Todd Trail and Cami Path, pursuant to the construction plans approved on March 15, 2006. Finance Information Is Funding Required? Yes No Initial Construction Contract Construction Contract Amendment # Change Order Change in Quantity Unforeseen Circumstances Initial Professional Services Agreement Supplemental Professional Svcs. A # Purchasing/Service Agreement Purchase Order Item(s) to be purchased: Other (Please clearly identify action on lines below) Finance Approval Finance n/a L. Olsen Date El Finance N/A E. Wilson Date EDPurchasing El Budget N/A HB N/A CYD Date Date Amount 4/18/2006 4/18/2006 4/19/2006 4/18/2006 Required for Submission of ALL City Council and City Manager Items Project Mgr. Signature Dept. Director Signature: City Attorney Signature* City Manager Signature: 1iGee. Wirr 9151.4 NIII proval is required for all items. Date: Date: Date: Date: Updated 2/16/06 DATE: April 19, 2006 SUBJECT: City Manager Approval at the April 21, 2006 Staff Meeting ITEM: Consider a resolution authorizing the City Manager to execute a License Agreement with Estates at Settler's Park Owners Association, Inc., for the right to install landscaping and irrigation in three locations: the rights- of-way of Settler's Park Loop and Clinton Place, pursuant to the construction plans approved on July 8, 2005; the round -a -bout located at the intersection of Clinton Place and Chamberlain Drive, pursuant to the construction plans approved on September 16, 2005; and the round -a- bout located at the intersection of Todd Trail and Cami Path, pursuant to the construction plans approved on March 15, 2006. Department: Planning and Community Development Staff Person: Jim Stendebach, Planning Director Nicole Crutchfield, Principal Planner Justification: To beautify the City of Round Rock's residential communities and public rights-of-way. Funding: Cost: None Source of funds: None Background Information: This project includes construction plans for three different projects; all of which, have been approved by the Development Review Committee. The review includes the review by the Planning Department and the Engineering and Development Services Department. Public Comment: None required.