CM-13-12-260ROUND ROCK, TEXAS
PURPOSE IKSSION MCGIRRY
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider authorizing a License Agreement with Chandler IH35 Retail, Ltd.
for the University Commons irrigation.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 12/13/2013
Dept Director: Brad Wiseman, Planning & Development Services
Cost: $0.00
Indexes:
Attachments: LAF - University Commons Ph. 2 LA.pdf, Chandler IH 35 Retail - SIGNED
License Agreement (12-9-13) (00288620).pdf
Department:
Text of Legislative File CM -13-12-260
The purpose of this license agreement is to allow landscape irrigation within the city rights-of-way of University
Boulevard. Chandler IH35 Retail, Ltd will maintain these areas.
The recommended action is to approve the license agreement.
City of Round Rock Page 1 Printed on 12/12/2013
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Department Name: Manning a Development SetvicesProject Name: University C0171111011S Irrigation
Project Mgr/Resource: iKamie Fitzgerald ContractoriVendor: Chandler IH35 Retail, Ltd.
XX
Council Action:
ORDINANCE
Agenda Wording
RESOLUTION
City Manager Approval
CMA Wording
Consider authorizing an License Agreement with Chandler IH35 Retail, Ltd. tor the UniversityCommons irrigation.
Attorney Approval
[7,1 Attorney
Date
0: \wxoxtSCC|nbN141\1301VNUN|C|PAI O028852/1X|Updated 08A8
LICENSE AGREEMENT
This License ("Agreement") is made this 3day of 17eLexrhp9 , 20 \3 , by and
between the CITY OF ROUND ROCK, (hereinafter "Licensor"), a Texas home rule
municipality, and CHANDLER IH 35 RETAIL, LTD. (hereinafter, "Licensee", whether one or
more).
Whereas, Licensor is the owner of the public right-of-way adjacent to 220 UNIVERSITY
BLVD. and 250 UNIVERSITY BLVD., Round Rock, Texas (the "Property") as depicted in
Exhibit "A", attached 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;
NOW, THEREFORE, it is agreed as follows:
License
1. Licensee shall have the right to install, construct, operate, maintain and repair
landscape irrigation 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 of the current or subsequent
improvements pursuant to this Agreement, Licensee shall present a detailed plan to the
Development Services Office Manager for review and approval. Approval of any plan shall be
solely within the discretion of the Development Services Office Manager.
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, or repair
any improvement in or upon the Property, including the payment of any fees of any kind
associated with any improvements.
1
288620
CM-13-1a-ak020
Consideration
2. In consideration for this license, Licensee shall pay Licensor $10.00 and other
valuable consideration paid by Licensee to Licensor.
Nonassignability
3. This license granted in this Agreement is personal to Licensee or any other 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.
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.
2.
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: Chandler IH 35 Retail, Ltd.
ATTN: Milo Burdette
801 Congress Avenue, Suite 300
Austin, TX 78701
IN WITNESS WHEREOF, this AGREEMENT is executed on this [311.)- day of
t Ceriv{, (0.erY , 201,3 .
(Signatures on the following page.)
3.
CITY OF ROUND ROCK:
Date:
STEVE NORWOOD, City Manager
42 /3 �
LICENSEE:
By: Chandler IH 35 Retail, Ltd.
BY:
Date:
By: B+O Development, G.P., LLC
its general partner
MILO BURDETTE, Vice President,
and authorized agent
/kc . /o, .203
(Acknowledgments on the following page.)
ACKNOWLDEGEMENT
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.
Given under my hand and seal of office on this the k,3 --day of 1:01/114,100V*, 2013.
STATE OF TEXAS
COUNTY OF WILLIAMSON
Gam,
NOTARY PUBLIC in and for the State of
Texas
ACKNOWLDEGEMENT
BEFORE ME, the undersigned, a notary public in and for said county and state, on this
day personally appeared Milo Burdette, Vice President, and authorized agent and B+O
Development, G.P., LLC, general partner of Chandler IH 35 Retail, Ltd., on behalf of said
company, 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 / itay of diee her , 2013.
5.
NOTARY PUB
Texas
in and for the State of
After Recording, Please Return To:
City of Round Rock
Development Services Office
301 W. Bagdad, Suite 140
Round Rock, Texas 78664
6.
1 EXHIBIT A 1