HomeMy WebLinkAboutOrdinance No. 03-1472 CITY OF THE COLONY, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE
AND MAINTENANCE AGREEMENT ALLOWING THE OWNER OF
AUSTIN RANCH PHASE III TO INSTALL AN IRRIGATION
SYSTEM, LIGHT POLES AND ORNAMENTAL LANDSCAPING
MATERIALS WITHIN THE PUBLIC RIGHT-OF-WAY ALONG
SAINTSBURY DRIVE WEST AND ARBOR HILLS WAY, LOCATED
IN AUSTIN RANCH, IN THE CITY OF THE COLONY; PROVIDING
THAT SPECIFIC REPAIR COSTS FOR CERTAIN WATER LINES
SHALL BE PAID BY THE OWNER OF AUSTIN RANCH PHASE III,
ATTACHING THE APPROVED FORM OF AGREEMENT AS
EXItlBIT "A'; AND PROVIDING AN EFFECTIVE DATE.
// BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
"' TEXAS:
/
SECTION 1. That the City Manager of the City of Thc Colony, Texas is
hereby authorized to execute a license and maintenance agreement allowing the owner of
Austin Ranch Phase III to install an irrigation system, light poles and ornamental landscaping
materials within the public right-of-way along Saintsbury Drive West and Arbor Hills Way,
located in Austin Ranch, in the City of The Colony and providing that specific repair costs for
certain water lines shall be paid by the owner of Austin Ranch Phase III. The approved form
of agreement is attached hereto as Exhibit "A: and made a part hereof for such purposes.
SECTION 2. This ordinance shall take effect immediately from and after its
passage by the City Council of the City of The Colony, Texas.
DULY ~ED ANrD~ROVED by the City Council of the City of The
Colony, Texas this ! 1~ - day of~M.~..,~ 2003
APPROVED:
TT ,C S~er f~' ;Y°t~'~'/?Zity ° f Th~ e~W
LANDSCAPING
INSTALLAT1ON~ MAINTENANCE AND LICENSE AGREEMENT
COUNTY OF DENTON}
} KNOW ALL MEN BY THESE PRESENTS:
STATE OF TEXAS}
WHEREAS, The Residences of Austin Ranch No. 3 ("Residences") is the owner of the Parks
of Austin Ranch III approximately 19 acres within the city limits of the City of The Colony
("The Colony"); and
WHEREAS, Residences desires to improve a certain portion of the right-of-way located over
or near public water mains on Saintsbury Drive West and West Arbor Hills Way, as shown in
shaded areas of Exhibit A attached hereto and incorporated herein, by installing tree
landscaping, ornamental stone, and light poles; and
WHEREAS, Residences and the City of The Colony desire to enter into certain agreements
relating to the maintenance of public water mains and tree landscaping, ornamental stone, and
light poles in and along certain portions of Saintsbury Drive West and West Arbor Hills Way.
NOW THEREFORE, for and in consideration of the foregoing, the mutual covenants herein
contained, and other good and valuable consideration the receipt and sufficiency of which are
hereby acknowledged, Residences and the City of The Colony hereby agree as follows:
1. The City of The Colony hereby grants a license to the Residences for the purpose
in the right-of-way of Saintsbury Drive West and West Arbor Hills Way of
installing and maintaining trees no closer than 18" (eighteen inches) to the public
water mains, installing and maintaining ornamental stone, and installing and
maintaining light poles no less than 12" (twelve inches) clear from the outside of
light pole pier to the outside of the water main. The City Engineer for the City of
The Colony shall approve the construction plans prior to installation. Landscaping
must be designed by a qualified individual who is registered and licensed by the
state. The seal signifying such registration must appear on the plans prior to
approval.
2. During the term o£this license, the Residences hereby obligates itself to maintain
the trees placed in the right-of-way and pay upon demand, the cost of repairing
water mains which are damaged as a result of the trees being located less than 36"
(36 inches) from the water main. The Residences will also pay any increase in cost
to repair damages to the water mains, not caused by the trees, but for which repair
costs for the water mains are higher because o£the proximity of the trees, light
poles, or ornamental stone to the water mains. The siting and location of trees are
shown on Exhibit A. Furthermore the Residences shall pay £or all tree
maintenance, ornamental stone maintenance and light pole removal and
replacement associated with water main repairs as designated on Exhibit A.
3. This license shall be granted solely to Residences and is not transferable without
express, written consent of the City of The Colony.
4. All ordinances and codes of the City of The Colony shall be observed and
complied with, including, but not limited to visibility requirements, equipment
requirements, maintenance requirements, etc.
5. By grant of this license, the City of The Colony assumes no maintenance
responsibility for any improvements placed in the right-of-way by Residences.
The City of The Colony assumes no responsibility for trees, light poles, or
ornamental stones damaged as a result of city action in maintaining any public
improvements including but not limited to water and sewer lines, roads and
sidewalks located in the public right-of-way or city easement.
6. By grant of this license, the City of The Colony assumes no responsibility for any
claims, suits or charges for any injury or damage occasioned as a result of trees,
light poles, or ornamental stone located in the right-of-way.
7. Residences expressly agrees to defend, indemnify and hold the City of The Colony
free and harmless from any and all losses, expenses, including attorney's fees,
damages, demands, claims, judgments or liability howsoever caused or arising out
of or in connection with injuries (including death) or damages to any and all
persons and/or property in any way sustained or alleged to have been sustained in
connection with, or by reason of, the performance or failure to perform any act by
any agent, contractor or employee of Residences under the terms of this license.
8. This Agreement shall be binding on the parties hereto and their respective
successors, legal representative and assigns.
9. This Agreement constitutes the sole and entire agreement of the parties hereto and
supersedes any prior understandings or written or oral agreements between the
parties respecting the foregoing subject matter and cannot be varied except by the
subsequent written agreement of the parties.
10. Any notice, request, delivery or tender required or permitted to be given or made
hereunder by either party to the other shall be deemed to be delivered or received,
whether actually received or not, when deposited in an official depository of the
United States Mail and sent by certified or registered mail, postage prepaid, return
receipt requested, addressed to Residences or the City of The Colony as the case
may be, at the address set forth opposite the signatures of such party hereto, but
each such party may change its address by ten (10) days written notice of such
change in accordance with the terms of this paragraph.
11. Executed ~-/~4t..~' /' ~/ 2003.
Residences Company
4100 International Parkway, Suite 110
Carrollton, Texas 75007
Name Typed:5:>,,a-~a[-
Title: t~c...~t '.g~
THE CITY OF THE COLONY
6800 Main Street
The Colony, Texas 750056
Dale Cheatham, City Manager