CM-06-07-148LICENSE AGREEMENT
el
This Agreement is made thisIday of
2006, by and between the CITY OF ROUND ROCK, Jhere(knafter
"Licensor"), a Texas home rule municipality, and McNeil Retail,
LTD,(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;
NOW, THEREFORE, it is agreed as follows:
License
1. Licensee shall have the right to install, construct,
operate, maintain, upgrade, and repair decorative paving,
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 decorative paving, landscaping or
irrigation systems, Licensee shall present a detailed
construction 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.
CYC c")- 143
It is further understood that Licensor has no duty to
maintain, operate, replace, upgrade, or repair any improvement
made by Licensee 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 by
Licensee to any entity other than such property owners
association without the prior written consent of Licensor. Any
assignment of this Agreement without such consent will
automatically terminate the license. Notwithstanding the
foregoing, Licensee shall be permitted to assign Licensee's
license under this Agreement to 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 upon such assignment and assumption
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 the 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
2.
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,
contractors, 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: McNeil Retail, LTD
ATTN: Jeff Newburg
221 W. 6th Street, Suite 1300
Austin, TX 78701
3.
IN W TNESS WHEREOF, this AGREEMENT is executed on this
day of ' , 2006.
STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
By:
§
§
AM S R. NUSE, City Manager
o`zsµYit'ffp, MICHAEL MASON WEAVER
•• Notary Public, Slate of Texas
My Commission Expires
January 31, 2010
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 and and seal of office on this the
C�
day of L�1
MICHAEL MASON WEAVER
Notary Public, State of Texas
My Commission Expires
January 31, 2010
4.
NOT
Sta
, 2006.
Y PUBLIC• in and for the
e of Texas
STATE OF TEXAS
COUNTY OF WILLIAMSON
McNeil Retail, LTD,
a Texas limited partnership
By: EGP Retail Management, L.L.C.
a Texas limited liability company,
its general partner
By:
Pr ted ame:,-4/
Title: ' 9.07.
§
§
BEFORE ME, the undersigned, a notary public in and for said
county and A\ state, on this day -.personally appeared
..�'.-. ' S. klk Li s -ti: y- .f:: �- . V, 1--', of EGP Retail
Management, L.L.C., d Texas limited liability company, general
partner of McNeil Retail, LTD, a Texas limited partnership, on
behalf of said limited liability company and limited
partnership, 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
day of
d and seal of office on this the
, 2006.
After Recording, Please Return To:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
5.
e 1/-0
NOTARY UBLIC in
the State of Texas
and for
NANCY VANHEMERT
Notary Public, State of Texas
My Commission Expires
March 28, 2009
WATERLOO SURVEYORS INC.
PO BOX 160176
AUSTIN, TEXAS 78716-0716
Phone: 512- 481-9602
www.woterloosurveyors.com
JCounCyhen lard R�1
LICENSE AGREEMENT EASEMENT
EXHIBIT "A"
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LEGAL DESCRIPTION: 0
25,960 SQUARE FEET OF LAND, MORE OR LESS,
BEING A LICENSE AGREEMENT EASEMENT OUT OF
AND PART OF THE PUBLIC RIGHT OF WAY OF WEST
CHANDLER ROAD, (COUNTRY ROAD 114) ADJACENT
TO LOTS 1 AND 2, BLOCK A, FINAL PLAT OF EAST
CHANDLER RETAIL CENTER, A SUBDIVISION IN
WILLIAMSON COUNTY, TEXAS, ACCORDING TO THE
MAP OR PLAT THEREOF, RECORDED IN DOCUMENT
NO. 2005095744, OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS.
r -
THOMAS DIXON R.P.L.S. 4324
THE UNDERSIGNED DOES HEREBY CERTIFY
THAT THIS SKETCH IS TRUE AND CORRECT
TO THE BEST OF MY KNOWLEDGE ON THIS
THE 19TH DAY OF JANUARY, 2006.
�/
DATE: July 12, 2006
SUBJECT: City Manager Approval at the July 21, 2006 Staff Meeting
ITEM: Consider a resolution authorizing the City Manager
to execute a License Agreement with McNeil Retail,
LTD for the right to install decorative paving,
landscaping and irrigation in the rights-of-way of
University Boulevard pursuant to the construction
plans approved on December 28, 2005.
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.
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.