CM-12-04-079Item Caption:
RECEIVED
APR 252012
City Manager Approval Form
Consider executing a License Agreement with Dell Computer Holdings, L.P. to allow an Area Identification
Sign in the median of Greenlawn Drive.
Approval Date: April 27, 2012
Department Name: Planning and Development Services Department
Project Manager: Taylor Horton
Assigned Attorney:
Charlie Crossfield
Item Summary:
The purpose of this license agreement is to allow a monument sign to be constructed in the median of Greenlawn Drive. The sign
will serve to identify the Dell campus as motorists travel on Greenlawn Drive near the intersection of SH -45. A site plan has been
reviewed and approved by the Development Services Office and a sign permit will be issued contingent on the execution of this
license agreement. Area Identification signs are permitted by the Code of Ordinances section 30-9. The proposed sign generally
meets these standards; Interior lighting is allowed in this application because it will achieve a safer sign for vehicular traffic than
would ground mounted lighting within a median.
No. of Originals Submitted: One
Project Name:
Cost:
Source of Funds:
Dell Median Sign
N/A
Select Source Fund
Source of Funds (if applicable): Select Source Fund
Account Number: N/A
Finance Director Approval: Cheryl Delaney
Date: 4/24/12
Department Director Approval: Peter Wysocki, AICP, Planning and Development Services Director Date: 4.23.12
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. **
CIP ❑ Budget
a❑
N/A OK N/A OK
Purchasing
Accounting
N/A OK N/A OK
ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
REV. 6/20/11
IIIIIIIIII 111111111111111
LICENSE AGREEMENT
IIIIIIII
11
AGR
6 PGS
2012032133
This Agreement is made this _cA!_ day of _Olaf_
2012, by and between the CITY OF ROUND ROCK, (hereinafter
"Licensor"), a Texas home rule municipality, and Dell Computer
Holdings L.P. (hereinafter, "Licensee", whether one or more).
Whereas, Licensor is the
(hereinafter, "Property"), which
depicted in Exhibit "A", attached
and
owner of the real property
is the public right-of-way as
hereto and incorporated herein;
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 a monument sign 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 signage, Licensee shall present a detailed
layout plan, with current base utility information, 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
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: Steve Norwood, City Manager
221 East Main Street
Round Rock, Texas 78664
COMPANY: Dell Computer Holdings L.P.
c/o Dane Parker
One Dell Way
Round Rock, TX 78682
IN WITNES WHEREOF, this AGREEMENT is executed on this
day of Sfl 'Q __, 2012.
CITY OF ROUND ROCK
3.
By:
Steve Norwood, City Manager
Dell Computer Holdings L.P.
One Dell Wa
Round Ro ' 1-xas78682
By:
Printed Na e:
Title : vXle
4.
C1lobar
Fabius
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 Steve Norwood,
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.
G' en under my h d and seal of office on this the
- ' day of , 2012.
• SARA LEIGH WHITE
• y; MY COMMISSION EXPIRES
July 11, 2016
STATE OF TEXAS
COUNTY OF WILLIAMSON§
BEFORE ME, the undersigned, a notary public in and for said
county and state, on this daygrsonally appeared
- a ar��,r� day
iCke� _ of Dell
Computer Holdings L.P.., on behalf of aid corporation, 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.
--‘21G'ven under my hand and seal of office on this the
§
§
'2274444,
NOTARY PUBLIC in
State of Texas
and for the
day of iDr1a(Qr , 2012.
CAREESE LYNAH VIEREGGE
Notary Public, State of Texas
My Commission Expires
August 11, 2015
After Recording, Please Return To:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
5.
NOTARY PUBLIC in a
the State of Texas
111 1
1 1 I 1•1 1 1
RECORDERS MEMORANDUM
All or part of the text on this page was not
clearly legible for satisfactory recordation