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CM-2014-337'1ROUND ROCK, TEXAS PURPOSE r*SMOM PAOSPIXIR' City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing a License Agreement for landscape and irrigation with Karma Hand Car Wash. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 3/5/2014 Dept Director: Brad Wiseman, Planning & Development Services Director Cost: $0.00 Indexes: Attachments: LAF - Karma Hand Car Wash.pdf, Signed - Karma Hand Car Wash (00293329xA08F8). pdf Department: Planning and Development Services Department Text of Legislative File CM- Zo" -33-1 Consider executing a License Agreement for landscape and irrigation with Karma Hand Car Wash . The purpose of this License Agreement is to allow the installation of landscape trees and irrigation within the city rights-of-way of Gattis School Road between Short Trail and the IH 35 NB Frontage Road to fulfill the landscape requirements for the Karma Hand Car Wash Site Development permit. The recommended action is to approve the license agreement. City of Round Rock Page 1 Printed on 3/4/2014 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: Planning & Development Services Project Mgr/Resource: Kamie Fitzgerald LICouncil Action: ORDINANCE Agenda Wording Project Name: License Agreement Contractor/Vendor: Karma Hand Car Wash n RESOLUTION ri City Manager Approval CMA Wording Consider executing a License Agreement for landscape and irrigation with Karma Hand Car Wash. Attorney Approval Attorney Notes/Comments Date ,,242 i / f c� O:\wdox\SCCInts\0114\1410\MUNICIPAL\00293243.XLS Updated 6/3/08 LICENSE AGREEMENT This Agreement is made this IL( day of _fi%,tih , 20_j'1, by and between the CITY OF ROUND ROCK, (hereinafter "Licensor"), a Texas home nile municipality, and RR KARMA, LLC, (hereinafter, "Licensee", whether one or more). Whereas, Licensor is the owner of the real property (hereinafter, "Property"), which is the south public right-of-way of Gattis School road between 1H 35 and Short Trail in Round Rock, Texas as depicted as the hashed area 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 installation of landscape trees and install, construct, operate, maintain and repair 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 listed in Section 1 above, Licensee shall present a detailed plan to the Development Services Manager for review and approval. Approval of any plan shall be solely within the discretion of the Development Services Manager. It is further understood that Licensee must comply withall 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 291928 JR/tnw Gt✓i tot 4' 33a- 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 designatedin 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: RR Karma, LLC ATTN: Jason Post, Manager 8149 Santa Monica Blvd. #298 Los Angeles, CA 90046 4� IN WITNESS WHEREOF, this AGREEMENT is executed on this 1 I day of �1— , 2014. (Signatures on the following page.) 3. STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK By:. STEVE NORWOOD, City Manager Date: ®33//y,!% ACKNOWLDEGEMENT § § 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 Horne 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 I4 day of Mak-o6 , 2014. SARA LEIGH WHITE MY COMMISSION EXPIRES July 11, 2016 4. NOTARY PUBLIC in and for the State of Texas STATE OF COUNTY OF § § RR Karina, LL BY: Jason Post, Ma authorized agen er, and Date: BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally appeared Jason Post, Manager and authorized agent of RR Karma, LLC, 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 day of , 20_. After Recording, Please Return To: City of Round Rock Development Services Office 301 W. Bagdad, Suite 140 Round Rock, Texas 78664 5. NOTARY PUBLIC in and for the State of CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los A nc) p.1Q..s On c60r0.,1 (1? .I'+ before me, personally appeared Rib 1 (I-Iere insert name and title of the officer) IJ �O 11 -Rib who proved to me on the basis of satisfactory evidence to be the person whose name subscribed to the within instrument and acknowledged to me tha e a/they executed the same in i t er/their authorized capacitySiost and that byer/their signaturon the instrument the personke)or the entity upon behalf of which the personacted, 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 official seal. (Notary Seal) SETH L. FREEDMAN COMM. # 1896389 z NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY My Comm. Expires July 23, 2014 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT /_.L-- icu... �-1-- (Title or description of attached document) (Title or description of attached document continued) Number of Pages % Document Date Z111/14 (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ ndividual (s) Mr Corporate Officer rpnn (Title)/ ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (ie. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County, information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they,— is /ere ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com License Area Gattis School Road or" 4""tv. trill'AA J 0 00 To' 1- 0 • / i - 0 1-- h \,1\ I II __ %two Nona C. i W41h 3,371 s.f. FF .7G6.60 MNL 'ALIO ION Lot 7, Kenney Fort Center . OS. _.-J.-aa. .__ • .8. ow 71 0 9- 'rssess, .e.e j�%1 N. L 0 co 7573,,— _�,_ 574°42'4!"W Lot 6, Kenney Fort Center EXHIBIT 6' 13- 2.6 License Area Exhibit GARRETTIHNEN CfVIL EN61NEEpS