Loading...
CM-10-02-036LICENSE AGREEMENT This License Agreement (hereinafter, "Agreement") is made effective this 1 ! - day of ► f !,. , 2010, by and between the CITY OF ROUND ROCK, (hereinafter "Licensor"), exas home rule municipality, and KBS INDUSTRIAL PORTFOLIO, LLC, a Delaware limited liability company, (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 and irrigation systems ("Systems") in, over and upon public rights-of-way located within the Property, as described in Exhibit "A," and to remove and relocate the Monument Sign currently existing on the Property and/or otherwise to install, reinstall or build a Monument Sign, in substantially the same size as determined by Licensee, so long as in accordance with the City of Round Rock Sign Ordinance, and to subsequently maintain and repair the Monument Sign and Systems as needed, collectively (the "Work"). The Monument Sign and the Systems shall sometime collectively be referred to herein as ("the "Licensee's Improvements.") The installation of such Monument Sign shall be in the right-of-way at the corner of N. Mays and Old Settlers Blvd., within the location as shown in Exhibit "B" attached hereto and incorporated herein. 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 the license also allows Licensee to have temporary access to the Property up to five (5) feet in the right of way, immediately adjacent to the location shown in Exhibit "B" or such other area as is reasonably necessary, for the limited and temporary purpose of completing the Work allowed under this Agreement. 1 CY1(I-10-02.-O3(' It is further understood that before the installation of any current or subsequent landscaping, irrigation systems and Monument Sign, but not for the purpose of maintaining, upgrading or repairing, Licensee shall present a detailed construction and/or landscaping plan to the Director of Planning and the City Engineer 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 maintain, operate, replace, upgrade, or repair any of Licensee's Improvement in or upon the Property, including the payment of any fees of any kind associated with any of Licensee's Improvements. Consideration 2. In consideration for this license, Licensee shall pay Licensor $10.00 and other valuable consideration. Nonassignable 3. This license granted in this Agreement is personal to Licensee or any property owner's 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 person or 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 of a particular termination date to the other party but with not less than 120 days notice. Upon termination, if Licensee does not remove Licensee's Improvements prior to the termination date, which shall be not less than 120 days from notice, any of Licensee's 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 Licensee's Improvements. If Licensee removes Licensee's Improvements, Licensee shall have no obligation to return the Property to its pre - improved condition other than substantially restoring the grade of the Property to that of the immediately surrounding area. Notwithstanding anything to the contrary herein, Licensor shall not terminate unless there is: (1) any material violation of this Agreement or of the Code of the City of Round Rock which is not cured or remedied within a reasonable time after written notice of same, which notice shall not be less than 30 days, or (2) an immediate need to further expand any of Licensor's roadway or related facilities at the location of the Licensee's Improvements, or otherwise use the right-of-way for a public purpose and in a manner which will negatively impact 2 the then current location of the Licensee's Improvements and there is no other reasonable way to accommodate the need for this expansion or for other immediate land use needs of Licensor. 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, except for acts of Licensor or its officers, agents or employees, that are grossly negligent or of willful misconduct or of Licensor's contractor's acts that are negligent or of willful misconduct. Release 6. Licensee assumes full responsibility for its exercise of the license, and except for acts of Licensor or its officers, agents or employees, that are grossly negligent or of willful misconduct or of Licensor's contractor's acts that are negligent or of willful misconduct, Licensee 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 according 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: 3 CITY: City of Round Rock ATTN: City Manager 221 East Main Street Round Rock, Texas 78664 COMPANY: KBS INDUSTRIAL PORTFOLIO, LLC a Delaware limited liability company Attn: Walter Foster KBS Realty Advisors 620 Newport Center Drive, Suite 1300 Newport Beach, CA 92660 IN WITNESS WHEREOF, this AGREEMENT is executed on the dates indicated. CITY OF ROUND ROCK By: ES`tN�USEE, City Manager Date Sig d: KBS INDUSTRIAL PORTFOLIO, LLC, a Delaware limited liability company By: KBS REIT ACQUISITION XX, LLC, a Delaware limited liability company, its sole member By: KBS REIT PROPERTIES, LLC, a Delaware limited liability company, its sole member By: KBS LIMITED PARTNERSHIP, a Delaware limited partnership, its sole member By: KBS REAL ESTATE INVESTMENT TRUST, INC., a Maryland corporation, general partner By: Charles J. Schreiber, Jr. Chief Executive Officer 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. Given under my hand and seal of office on this the t fl&r, ,2010. STATE OF ) )ss COUNTY OF ) day of NOTARY PUBLIC in and for the State of Texas On , 2010, before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and seal. Signature Printed Name: (SEAL) After Recording, Please Return To: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 5 PROJECT: NORTH MAYS STREET PARCEL: 3 COUNTY: WILLIAMSON OWNER: CITY OF ROUND ROC PROPERTY DESCRIPTION DESCRIPTION OF A 0.412 ACRE (17,937 SQUARE FOOT), TRACT OF LAND SITUATED IN THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK "C", REPLAT OF LOT 1B, AMENDING PLAT OF THE REPLAT OF BLOCK "C", CRYSTAL PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET W, SLIDES 75-76 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THAT SAME TRACT OF LAND CONVEYED TO KBS INDUSTRIAL PORTFOLIO, LLC, BY INSTRUMENT RECORDED IN DOCUMENT NO. 2007066956 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.412 ACRE (17,937 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Page 1 of 5 BEGINNING FOR REFERENCE at a found 1/2" iron rod at the beginning of a curve to the left in the westerly boundary line of said Lot 1, same being the existing easterly right-of-way line of Greenhill Drive (60 foot right-of-way width), as dedicated by the plat of Crystal Park subdivision, recorded in Cabinet I, Slides 146-149 of the Plat Records of Williamson County, Texas, being 108.70 feet left of proposed North Mays Street baseline station 106+60.47; THENCE, with the westerly boundary line of said Lot 1 and said existing easterly right-of-way line of Greenhill Drive, along said curve to the left, having a delta angle of 18°41'14", a radius of 370.00 feet, an arc length of 120.68 feet, and a chord which bears S 55°54'17" W for a distance of 120.14 feet to a set 1/2" iron rod with aluminum cap stamped C.O.R.R., 45.00 feet left of proposed North Mays Street baseline station 107+62.34, being the most northerly corner and POINT OF BEGINNING of the herein described tract; THENCE, departing said existing easterly right-of-way line of Greenhill Drive, through the interior of said Lot 1, with in part, the proposed easterly right-of-way line of the North Mays Street, and in part, the proposed northerly right-of-way line of Old Settlers Boulevard, the following four (4) courses: 1) S 23°53'13" W for a distance of 475.96 feet to a set 1/2" iron rod with aluminum cap stamped C.O.R.R., 45.00 feet left of proposed North Mays Street baseline station 112+38.31; 2) S 22°30'13" E for a distance of 75.70 feet to a set 1/2" iron rod with aluminum cap stamped C.O.R.R., 99.81 feet left of proposed North Mays Street baseline station 112+90.52; PROJECT: NORTH MAYS STREET PARCEL: 3 COUNTY: WILLIAMSON OWNER: CITY OF ROUND ROCK Page 1 of 5 3) S 66°39'23" E for a distance of 154.71 feet to a set 1/2" iron rod with aluminum cap stamped C.O.R.R., 254.52 feet left of proposed North Mays Street baseline station 112+89.05; 4) S 68°05'08" E for a distance of 138.97 feet to a set 1/2" iron rod with aluminum cap stamped C.O.R.R. in the common boundary line of said Lot 1 and Lot 2 of said subdivision, 393.40 feet left of proposed North Mays Street baseline station 112+84.27, being the most easterly corner of the herein described tract; 5) THENCE, with said common boundary line, S 23°08'01" W for a distance of 7.29 feet to a found 1/2" iron rod with plastic cap (to be replaced with a 1/2" iron rod with aluminum cap stamped C.O.R.R.), in the existing curving northerly right-of- way line of Old Settlers Boulevard (120 foot right-of-way width), as dedicated by said plat of Crystal Park subdivision, 393.51 feet left of proposed North Mays Street baseline station 112+91.56, being the southeasterly corner of said Lot 1 and the southwesterly corner of said Lot 2, and being the southeasterly corner of the herein described tract; THENCE, with in part, the southerly boundary line of said Lot 1, same being said existing northerly right-of-way line of Old settlers Boulevard, and in part, the westerly boundary line of said Lot 1, same being the said existing easterly right-of-way line of Greenhill Drive, the following five (5) courses: 6) Along a curve to the right, having a delta angle 05°29'51", a radius of 1240.00 feet, an arc length of 118.98 feet, and a chord which bears N 69°23'36' W for a distance of 118.93 feet to a calculated point; 7) N 66°38'41" W for a distance of 229.57 feet to a calculated point at the beginning of a curve to the right, being the most southerly southwest corner of said Lot 1 and being the most southerly southwest corner of the herein described tract, from which a found TxDOT Type II monument bears S 51°40'05" W, a distance of 0.18 feet; 8) Along said curve to the right, having a delta angle of 90°20'23", a radius of 25.00 feet, an arc length of 39.42 feet, and a chord which bears N 21°27'29" W for a distance of 35.46 feet to a calculated point, being the most westerly southwest corner of said Lot 1 and the most westerly southwest corner of the herein described tract, from which a found 1/2" iron rod bears S 55°48'50" W, a distance of 0.22 feet; 9) N 23°19'50" E for a distance of 367.23 feet to a calculated point at the beginning of a curve to the right, from which a found 1/2" iron rod with plastic cap bears S 54°36'32" W, a distance of 0.14 feet; PROJECT: NORTH MAYS STREET PARCEL: 3 COUNTY: WILLIAMSON OWNER: CITY OF ROUND ROCK Page 1 of 5 10) Along said curve to the right, having a delta angle of 23°11'53", a radius of 370.00 feet, an arc length of 149.81 feet, and a chord which bears N 34°57'43" E for a distance of 148.78 feet to the POINT OF BEGINNING, containing 0.412 acres (17,937 square feet) of land, more or less. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate plat. That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. /9 M. Stephen Tru sdale Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, L.P. 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78681 512-238-1200 Date • • • „ •.•," f . • • „ • P.O.R. PARCEL 3 STA. 06+60.47 108.70' LT P.O.B. PARCEL 3 \ w N E 25 0 50 100 [951!!!=e1 SCALE 1" =100' STA. 107+62.34 WATERLINE EASEMENT 45.00' LT 00C NO. 2002004642 PART TWO(874S0. FT.) 0 P R.W C.„,, DAVID CURRY SURVEY / ABSTRACT NO. 130 r^..../ 0.412 AC. ,-- \ / I 17.937 SO. ET. \ , / LOT I (6.221 AC.) : / BLOCK "C” / , ' / i /1 / „ , „. „ 15P.U.E. CAB, 1, 51_0. 146 CAB. 1\1, Si). 305 CAL, P, SID. 165 SAN. W. SLS, KBS INDUSTRIAL PORTFOLIO, LLC DOC. NO. 2007066956 0.P.R.W.C.T. WATERL1NE EASEMENT DO; NO. 2O0'?.004542 p ONE 1!(55: AC.) ; / , ' /4500' LT . , \ \ \ STA'. 112+38 31 i.,„ \ 99.81' LT STA. 112+90.52 .. i5' PILE: - AMENDING PLAT OF THE REPLAT /3,1 // OF BLOCK "C" CRYSTAL PARK CAB. N. SLD. 305 CAB. W. SLD. 75.76 L:Ap,. 1, SLD, 146 REPLAT OF LOT IB P.R.W.C.T. / / / „ / / i / I „ / „ / , / / --, CAB. R. 61..D. 165, ,. CAN. W, SLD. 75 //1 f• ,„‘? ,9 te i / STA. 112+89.05 [--/ / LOT 2 ..- I(11.105 AC.) -.. ,1 ..- -, -- ...,• .-- STA.112+84.27 393.40' LT PAGE 4 OF 5 I NI LAN Co G EODETICS PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX. 78681 PH. (512)238-1200. FAX 012) 238-1251 RIGHT OF WAY SKETCH PARCEL 3 LEGEND O I/2" IRON ROD FOUND O 1/2 " IRON ROD SET W/ ALUMINUM CAP STAMPED CORR E TXDOT TYPE 1 I CONCRETE MONUMENT W/ BRASS DISK FOUND ROUND ROCK ALUMINUM CAP O IRON ROD W/ PLASTIC CAP FOUND TO BE REPLACED W/ ALUMINUM CAP STAMPED CORR O IRON ROD W/PLASTIC CAP FOUND • CALCULATED POINT IE PROPERTY LINE ( ) RECORD INFORMATION P.O.R. POINT OF REFERENCE P.O.B. POINT OF BEGINNING O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY. TEXAS O.R.W.C.T. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS P.R.W.C.T. PLAT RECORDS WILLIAMSON COUNTY, TEXAS LOT 2 STA. 112+91.56 393.51' LT 'IS r/, DETAIL "A" NO. BEARING DISTANCE LI S 22°30'13" E 75.70' L2 S 66°39'23" E 154.71' L3 S 68°05'08" E 138.97' L4 S 23°08'01" W 7.29' DETAIL "B" 54°36'32" W 0.14' DETAIL "C" NUMBER DELTA ANGLE RADIUS ARC LENGTH CHORD LENGTH CHORD DIRECTION CI 18°41'14" 370.00' 120.68' 120.14' S 55°54'17" W C2 05°29'51" 1240.00' 118.98' 118.93' N 69°23'36" W C3 90°20'23" 25.00' 39.42' 35.46' N 21°27'29" W (C3) (90°20'23") (25.00') (39.42') (35.46') (N 19°13'15" W) C4 23°11'53" 370.00' 149.81' 148.78' N 34°57'43" E (C5) (41°53'07") (370.00') (270.481 (264.50') (N 46°32'34" E) (C6) (05°29'51") (1240.00') (118.98') (118.93') (N 67°09'22" W) NOTES: ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE, USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 1.00012. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS OR OTHER INSTRUMENTS PERTAINING TO THIS PROPERTY THAT ARE NOT SHOWN HEREON. I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOW - ! E AND BELIEF. vw1 eAzt4i2.-L vict oe _ r M. STEPHEN TRUE DALE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND GEODETICS PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX 78681 PH. (512) 238-1200, FAX (512) 238-1251 RIGHT OF WAY SKETCH PARCEL 3 PAGE 5 OF 5 EXHIBIT 2.135'A 3 INCH PVC 0 EXISTING POLE IEI) EXISTING ITO REMAIN) k MAYS STREET 1- 0 } J PROPOSED SIGNAL NORTH MAYS/OLD SETTLERS BLVD SHEET 1 OF 5 SCALE21".40' g g EXISTING (TO REMAIN) L._. N z W V o u 0 ¢ a a a u i 6 6 N N 0 h N La 6 J i ■ OPTICOM SENSOR CONTROLLER 1 FOUNDATION PROPOSED VIDEO DETECTION ZONE 4 0 0 9 r. A WILLIAMSON 1314)1 ' ,L 113AOS '3100 131'31 'Thal n 12/9/2009 9:33:17 AM N 0 a A 0 0 DATE: February 16, 2010 SUBJECT: City Manager Approval — February 19, 2010 ITEM: Consider executing a License Agreement with KBS Industrial Portfolio, LLC. for the relocation of the existing on -premise monument sign as part of the N. Mays right of way acquisition. (Parcel 3) Department: Staff Person: Legal Don Childs/Steve Sheets Justification: The on -premise monument sign is to be relocated further back with -in the acquired ROW due to inadequate space on the remainder property. Strategic Plan Relevance: Funding: Cost: $0.00 Source of funds: Round Rock Transportation Development Corp. Construction Outside Resources (if applicable): Public Comment (if applicable): UPDATED APRIL 2008 00183740.DOC 05/12/2009 Request for City Council/City Manager Action I❑ City Council City Manager Submit completed form for all City Manager and City Council approvals. Department Name: Legal Contact Person: Don Childs / Lisa Dworaczyk / Rose McMillin Project Mgr/Resource: Project Coordinator: Assigned Attorney: Don Childs/Steve Sheets City Council or City Manager Approval Date: Agenda Wording Project Name: N. Mays Parcel 3 ContractorNendor: KBS Industrial Portfolio, LLC Funding Source: Additional funding Source: Amount: Account Number: 19 -Feb -10 SO 00 Consider executing a License Agreement with KBS Industrial Portfolio, LLC. for the relocation of the existing on-prenpse monument sign as part of the N. Mays right of way acquisition. (Parcel 3) Finance Information Is Funding Required? Yes (i] No Initial Construction Contract Construction Contract Amendment # _ Q Change Order Change in Quantity Unforeseen Circumstances EJ Initial Profes ional Services Agreement Supplemental Professional Service Agreement Purchasing/Service Agreement Purchase Order Item(s) to be purchased Other (Please clearly identify action on lines below) Condemnation Amount FINANCE N/A ' Approved c Finance/CIP Finance/Acct Purchasing Budget On ITE L Qlsen at 0211612010 E. Wilson Dai 0211612010 EE Bowden Date 02/ 612 01 0 P. Bryan Date 02/16/2010' ce approvals have been obtained please MS WILL NOSE PLACED ON TME C. onward tho R1 A b!ue sh OUNCIL AGENDA WITH Required for Submission of ALL City Council and City Manager Items Project Mgr. Signature: Lisa Dworaczyk Dept. Director Signature: Date: Date: 02/16/2010 *City Attorney Signature: �!' f �r r Date: a REVISED 02/17/2010 �'. I •currents and Settings\Idwora yk\Local 9Qtltin s[Ttprit tlternet Files \OLK64F12-16-09_ Lisa_ Legal_ RFA N Mays Parcel 3 (00183744).XLS City Manager Signature: � 8te: Q{ V "City Attorney signature is required for all items. •1 -10 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: Legal Project Mgr/Resource: Don Childs Council Action: ORDINANCE Agenda Wording Project Name: N. Mays Expansion ContractorNendor: KBS Industrial Portfolio, LLC n RESOLUTION City Manager Approval CMA Wording Consider executing a License Agreement with KBS Industrial Portfolio, LLC. for the relocation of the existing on -premise monument sign as part of the N. Mays right of way acquisition. (Parcel 3) Attorney Approval ©'Attorney Notes/Comments Date The on -premise monument sign is to be relocated further back with -in the acquired ROW due to inadequate space on the remainder property. 0:\wdox\SCCI nts\90199\7043\M ISC\00183741. XLS Updated 613/08