The URL can be used to link to this page

Home My WebLink AboutResolution No. 09-027 CITY OF THE COLONY, TEXAS RESOLUTION NO. 09-027 A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND THE STEWART PENINSULA SOUTH SHORE HOMEOWNERS' ASSOCIATION FOR CONSTRUCTION OF APPROXIMATELY 400 LINEAR FEET OF DECORATIVE METAL SECURITY FENCING TO BE LOCATED IN THE COMMON AREA ADJACENT TO THE SHORELINE TRAIL, AND GRANTING STEWART PENINSULA SOUTH SHORE HOMEOWNERS' ASSOCIATION SOLE RESPONSIBILITY FOR THE MAINTENANCE AND/OR REPLACEMENT OF THE DECORATIVE METAL SECURITY FENCING, AS INCORPORATED HEREIN AND ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Stewart Peninsula South Shore Homeowners Association is the owner of the Common Area, as described in the attached Exhibit "A"; and WHEREAS, the City proposes to construct approximately 400 linear feet of decorative metal security fencing within said Common Area, as described in the attached Exhibit "A"; and WHEREAS, by entering into this Agreement, the Stewart Peninsula South Shore Homeowners' Association will be solely responsible for the maintenance and/or replacement of said decorative metal security fencing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas hereby approves the License Agreement between the City of The Colony and the Stewart Peninsula South Shore Homeowners' Association, which is incorporated herein and attached hereto as Exhibit "A". Section 2. That the City Manager is authorized to execute the License Agreement on behalf of the city. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 6th day of April, 2009. ~ A~'%c Jo Dillard, Mayor C' of The Colony, Texas ATTEST: W Christie Wilson, City Secretary APPROVED AS TO FORM: Robert Hager, C' Attorney LICENSE AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS LICENSE AGREEMENT is made by and between STEWART PENINSULA SOUTH SHORE HOMEOWNERS' ASSOCIATION (hereinafter called "HOA"), and THE COLONY, DENTON COUNTY, TEXAS, a Texas Home Rule Municipal Corporation (hereinafter called the "City"). WHEREAS, the HOA is the owner of the Common Area situated in The Colony, Denton County, Texas, being depicted as described in Exhibit A, an addition to The Colony (hereinafter called the "Property"); and WHEREAS, the City proposes to construct decorative metal security fencing ("Improvements") within the said Common Area as depicted on Exhibit A, attached hereto and made a part hereof for all purposes, which such Improvements will encroach upon the Common Area and has requested the HOA to allow such encroachments; and WHEREAS, the HOA has reviewed the City's request and recommend approval thereof, subject to HOA's agreement to be solely responsible for the maintenance and/or replacement of the Improvements as set forth herein. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The HOA, being the present owner of the Property, for and in consideration of the foregoing, which is expressly made a part of this Agreement, and in consideration of approval of its request, hereby gives authorization and grants to City a license to expire on the third (3rd) anniversary date of the execution hereof, to place, subject to the limitation herein, the Improvements within the Common Area as defined herein. HOA shall be solely responsible for the maintenance and/or replacement of the Improvements as set forth herein. The HOA, its successors and assigns must maintain the Improvements. 2. The City shall not be responsible for any damages to any other improvements beyond the reasonable control of the City on the licensed premises. HOA, its successors and assigns shall maintain adequate liability insurance with the City as a named beneficiary to insure reconstruction or repair of such encroachment in the event of damage or disrepair. 3. HOA, ITS SUCCESSORS AND ASSIGNS DO HEREBY RELEASE, INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, AND THIRD PARTY REPRESENTATIVES (COLLECTIVELY REFERRED TO AS "CITY") FROM ANY AND ALL CLAIMS, DAMAGES, License Agreement - Page 1 TM 33780.76.000 CAUSES OF ACTION OF ANY KIND WHATSOEVER, STATUTORY OR OTHERWISE, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE AND LAWSUITS AND JUDGMENTS, INCLUDING COURT COST, EXPENSES AND ATTORNEY'S FEES, AND ALL OTHER EXPENSES ARISING DIRECTLY OR INDIRECTLY FROM THE HOA'S PERFORMANCE OF THIS AGREEMENT. 4. CITY, ITS SUCCESSORS AND ASSIGNS DO HEREBY RELEASE, INDEMNIFY AND HOLD HARMLESS THE HOA, ITS OFFICERS, AGENTS, EMPLOYEES, AND THIRD PARTY REPRESENTATIVES (COLLECTIVELY REFERRED TO AS "HOA") FROM ANY AND ALL CLAIMS, DAMAGES, CAUSES OF ACTION OF ANY KIND WHATSOEVER, STATUTORY OR OTHERWISE, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE AND LAWSUITS AND JUDGMENTS, INCLUDING COURT COST, EXPENSES AND ATTORNEY'S FEES, AND ALL OTHER EXPENSES ARISING DIRECTLY OR INDIRECTLY FROM THE CITY'S PERFORMANCE OF THIS AGREEMENT. 5. During the term of the license, if the City determines based upon acceptable engineering standards the Improvements pose a hazard to the public or may interfere or impede use or pedestrian safety in any way, the City many remove said Improvements on the Licensed Premises. Thereafter, if the Improvements constitute a thread to public safety, the City may remove such Improvements. 6. In the event either party is in default of any of its obligations hereunder, before pursuing any remedy for such default, notification shall be given in writing to the parry in default specifying the alleged default, and allow the party in default, its successors and assigns thirty (30) days ("Default Period") within which to cure such default. Upon expiration of the Default Period, if the default is not cured, either party reserves the right to terminate this Agreement and the Improvements, at sole cost of the party in default, its successors and assigns, must be removed. 7. This Agreement shall be binding upon HOA, its successors and assigns, and shall be a covenant running with the land, and shall be recorded in the Deed Records of Denton County, Texas, as notice to all subsequent owners. THE REMAINDER OF THIS PAGE LEFT BLANK SIGNATURE PAGES TO FOLLOW License Agreement - Page 2 TM 33780.76.000 EXECUTED this 191h, day of~^ 2009. CITY OF THE COLONY, TEXAS By: . )1.0- - Dale Cheatham, City Manager ACCEPTED AND ACKNOWLEDGED STEWART PENINSULA SOUTH SHORE HOMEOWNERS' ASSOCIATION By: Name: A r e r Title: r t ~ I 1 "F ;;Y s j' Ib4h{. License Agreement - Page 3 TM 33780.76.000 ACKNOWLEDGMENT STATE OF TEXAS ) COUNTY OF DENTON ) This instrument was acknowledged before me on this ~L day o 2009, by Dale Cheatham, City Manager of the City of The Colony, a Texas ome rule municipality, on behalf of said municipality. otary P lic, State of Texas My commission expires: A/, ANGELA KELLY rwary PuMk. Statc of T"as My Cm=MW Exphes09-OS 10 License Agreement - Page 4 TM 33780.76.000 II,~ w r - I u p Iry p ~i w Il s A rfS'¢ ~ ~ iD y _r'rt 1 uq _ _ IM} u. a - u, THE ,i INSTALL' OF, - TUBULAR FiIC 1 r SHOWN ;P~ { TO~l FUM TO C rq EMIL I~'~ I I r 1 rf P~ V ~ e - t lo V l +I pry Irlll II lit, I I il` ~.~I §y Illll I Add - Tu~ jfQ 1000 0 - - I u. III 9C _ a t I'- 3 If, f ~ The Cojt~~ F nj"T 17 , the fiertESa. ~ ~ ' - r. WI ~ Tubular steel fence to be ti~N f1 I' ~I I = -W to m 41 OWE - WI~ GAM - AKE located 1 inside property By line of COMMON AREA within ° - ` public access easement '"MR _ M ' VII Provide 5" public access - .IF, If easement for construction of tubular steed fence. ~a _ per I it ~ r n ~ ~4~ I e - ,~i<r ~~11 III I, II I7I ~ "'I' ~1~ u•, ~ ~ - T7 j FX H i B ITS A