CM-08-02-039DATE: February 4, 2008
SUBJECT: City Manager Approval at the February 8, 2008 Staff
Meeting
ITEM:
Consider a resolution authorizing the City Manager to
execute a License Agreement with Gehan Homes, Ltd., for
the right to install landscaping, irrigation and lighting in
the rights-of-way of Forest Creek Drive and Dyer Creek
Place pursuant to the construction plans approved on
February 5, 2008.
Department: Planning and Community Development
Staff Person: Jim Stendebach, Planning Director
Taylor Horton, 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.
LICENSE AGREEMENT
This Agreement is made this g-* day of
2008, by and between the CITY OF ROUND ROCK,
(here nafter
"Licensor"), a Texas home rule municipality, and the Preserve at
Dyer Creek Homeowners Association, (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, irrigation
systems and lighting 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, irrigation, or lighting
systems, Licensee shall present a detailed landscaping plan,
with associated irrigation and lighting, 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.
Cid-O8--0a - 03c1
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.
\\Plansrvr\planning\License Agreement\2008 License Agreements\Preserve at Dyer Creek\License Agreement.DOC/cdc
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:
Preserve at Dyer Creek Homeowners
Association
c/O Laurie Lara
1601 S. Mopac Expressway Suite 250
Austin, TX 78746
3.
INfTNESS WHEREOF, this AGREEMENT is executed on this
day of OY'UJ(', 2008.
u
CITY OF ROUND ROCK
By:
Jai R. NUSE, City Manager
Gehan Homes, Ltd.
1601 S. Mopac Expressway, Suite D25D
Austin, TX 78746
Printed Name: `„ cc:._
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.
GpT under my
r` day of
MONIQUE G. ADAMS
MY COMMISSION EXPIRES
September 18, 2011
STATE OF TEXAS
COUNTY OF WILLIAMSON
(0 ' and seal of office on this the
§
§
§
r ,
)iLttt,
`-'` NOTARY frsLI
State o Texas
, 2008.
and for the
BEFORE ME, the undersigned, a notary public in and for said
county and state, on this day personally appeared
,_:4,71,2_,L-
LEE LAt2 n
cep y',.._.te.Q.0 ti of Gehan
Homes, Ltd., 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 on this the
day of ---e-Kt.<<Q.)-tt , 2008.
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 Texas
DIANE BUCK
Notary Public, State of Texas
My Comr fission Expires
APRIL 25, 2010
Dyer Creek PI