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CM-06-04-10111111111111111111111111 IIIIIIIIIIIIIIIIIII IIII LICENSE AGREEMENT 1111111 II AGR 8 PGS This Agreement is made this ZO" day of 2006, by and between the CITY OF ROUND ROCK, hereinafter "Licensor"), a Texas home rule municipality, and the WILSHIRE HOMES, L.P., (hereinafter, "Licensee", whether one or more). 2006035232 Whereas, (hereinafter, depicted in herein; and 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 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. 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 LICENSE AGREEMENT This Agreement is made 2006, by and between the CITY OF ROUND ROCK, "Licensor"), a Texas home rule municipality, and HOMES, L.P., (hereinafter, "Licensee", whether one or this .g't day of hereinafter the WILSHIRE more) . Whereas, (hereinafter, depicted in herein; and 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 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. 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 QM (p4ij-/OI 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 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: Wilshire Homes, L.P. 8200 N. Mopac, Suite 300 Austin, TX 78759 3. IN ITNESS WHEREOF, this AGREEMENT is executed on this ?S �T day of 2006. CITY OF ROUND ROCK By: R. NUSE, City Manager Wilshire Homes, L.P. 8200 N. Mopac, Suite 300 Austin, TX 78759 By: Printed Name: Title: 4. elley Ledyard Vice President 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 ha d and seal of office on this the day of ,p; VYIV B,,i MICHAEL MASON WEAVER Notary Public, State of Texas _,•. r My Commission Expires January 31, 2010 STATE OF TEXAS COUNTY OF WILLIAMSON § § , 2006. N•' ARY PUBLIC in and for the tate of Texas BEFORE ME, the undersigned, a notary public in and for said county and state, on this, ay personally appeared SARA,LoAd\ Le -A G LS Vic i&v - of Wilshire Homes, L.R., oz 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 on this the abtIL day of , 2006. .4`o" .i'% SANDRA 1. CHATFIELD Notary Public, State of Texas ,',',foF``i`,, My Commission Expires March 03, 2009 NO ARY PUBLIC in and the State of Texas After Recording, Please Return To: 5. Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 6. Exhibit "A" Forest Creek Drive/Rusk Road - Piper Sonoma Place License Agreement F7I- 1. 1 4 III T T I ti � � t _ I ! __- 1L V� r -A "SY Forest Creek Dr _LT -TTT'i _T ......... FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2006035232 05/03/2006 03:08 PM CARRILLO $44.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS - -76: ei,A4&;-)11-‘ loceA/e.I�--, J (I -GG DATE: April 26, 2006 SUBJECT: City Manager Approval at the April 28, 2006 Staff Meeting ITEM: Consider a resolution authorizing the City Manager to execute a License Agreement with Wilshire Homes, L.P. for the right to install landscaping and irrigation in the rights-of-way of Forest Creek Drive pursuant to the construction plans approved on February 24, 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: The construction plans have been approved by the Development Review Committee, which includes review by the Planning Department and the Engineering and Development Services Department. Public Comment: None required. Request for City Council/City Manager Action 0 City Council o City Manager P For Administration Use ONLY Recei ve Tag # Tag Submit completed form for all City Manager and City Council approvals. Department Name: Planning and Community Development Original Documents Received: Project Name: License Agreement for Wilshire Homes, L.P. Contact Person: Vickie Moreno/Richelle Gonelli ContractorNendor: Project Manager/Resource: Nicole Crutchfield Funding Source: Project Coordinator: Nicole Crutchfield Amount: Assigned Attorney: Charlie Crossfield Account Number: Council or City Manager Approval Date: City Manager - April 28, 2006 Blue Sheet Wording None None $0.00 None Consider a resolution authorizing the City Manager to execute a License Agreement with Wilshire Homes, L.P. for the right to install landscaping and irrigation in the rights-of-way of Forest Creek Drive pursuant to the construction plans approved on February 24, 2006. Finance Information Is Funding Required? in Yes n No Finance Approval 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: Amount Other (Please clearly identify action on lines below) Finance n/a L. Olsen Date 4/26/2006 El Finance N/A E. Wilson Date 4/26/2006 EJPurchasing N/A HB Date 4/26/2006 ID Budget N/A CYD Date 4/25/2006 Required for Submission of ALL City Council and City Manager Items Project Mgr. Signature: 2,4/H11 /� Date: ' 7 /2-(//a7' Dept. Director Signature: �� = �1 _ . Date: ©?B "' e • City Attorney Signatur: . A Date: 7"24 " 00 City Manager Signature: 30 Date: * Le, ‘. proval is required for all items. Updated 2/16/06