CM-08-03-063DATE: March 10, 2008
SUBJECT: City Manager Approval at the Marchl4, 2008 Staff
Meeting
ITEM: Consider a resolution authorizing the City Manager to
execute a License Agreement with Paloma Lake
Development, for the right to install landscaping, and
irrigation in the right-of-way of Redbud Lane pursuant to
the construction plans approved on February 25, 2008.
Department: Planning and Community Development
Staff Person: Jim Stendebach, Planning Director
Taylor Horton, Planner
Justification: To beautify the City of Round Rock's 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
1.
This Agreement is made this f�f dayof
2008,
by and between the CITY OF ROUND ROCK,
"Licensor"), a Texas home rule municipality(hereinafter
Development,Inc. (hereinafter, "Licensee", yand the Paloma Lake
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-wa
located within the Property, as described in Exhibit "A". y
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-wa
located within the Property by virtue of this license. y
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, 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 Cit of
Round Rock, Texas. y
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 b
Licensee to Licensor. y
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 indemnifyand
hold harmless Licensor, its officers, agents and employeesfrom
and against any and all claims, losses, damages, causes of
action, expenses of litigation, court costs, and attorne 's
fees, for injury to or death of anyry
to
property, arising out of or in person,
ewith Licens
connection for damage ns any
exercise of the license under this Agreement, ee s
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:
Paloma Lake Development Inc.
c/o Amy Frederick
1011 North Lamar Boulevard
Austin, TX 78703
3.
IN WITNESS WHEREOF, this AGREEMENT is executed on this
day of,/t4��.- , 2008.
CITY OF ROUND ROCK
By:
R. NUSE, City Manager
Paloma Lake Master Community Inc.
1011 North Lamar Boulevard
Austin, TX 78703
By:
� CEJ
Printed Name: PA -ALE VIutk f
Title:---1)-,44,-.A7k7
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.
Gen under my hand and seal of office on this the
day of /t1 W1A---
0.•. A% DIANE BUCK
• Notary Public, State of Texas
Py My Commission Expires
APRIL 25, 2010
STATE OF TEXAS
COUNTY OF WILLIAMSON
§
§
§
, 2008.
NOTARY PUBLIC in
State of Texas
and for the
BEFORE ME, the undersigned, a notary public in and for said
cownty and state, on th's day personallya
1-//.)(:- ppeared
hc4gc 41Abet
''-� of Paloma Lake
Master Community 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 on this the
day of /11,A 0_r 14 2008.
DIANE BUCK
Notary Public, State of Texas
My Commission Expires
APRIL 25, 2010
After Recording, Please Return To:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
5.
Cc's
OTARY PUBLIC in and for
the State of Texas
Paloma Lake
N. Red Bud Ln. - License Agreement
N
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a
License
Agreement
Area