CM-2014-531 - 9/29/2014City of Round Rock
ROUND aooc Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement for right to maintain property as
park land with the Lakeside Homeowners Association.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/26/2014
Dept Director: Brad Wiseman, Planning and Development Services Director
Cost:
Indexes:
Attachments: Lakeside - sketch, License Agreement - Lakeside
Department: Planning and Development Services Department
Text of Legislative File CM -2014-531
The purpose of this License Agreement is to allow the Lakeside Homeowners Association the ability to mow
and maintain city -owned parkland at Lakeside subdivision section 4, block F, Lot 14.
The recommended action is to approve the license agreement,
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LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIUCITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Planning 8 Development Sewices Project Name: License Agreement
Project Mgr/Resource: Kamie Fitzgerald
Council Action:
Q ORDINANCE Q
Fx-xJCity Manager Approval
nAttorney
ContractorNendoc Lakeside Homeowners Associaton
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CMA Wording
Consider executing a License Agreement for right to maintain property as park land with the Lakeside Homeowners Associaton.
Date 8-( -/q
O:\wdox\SCClnts\0114\1410\MUNICIPAL\00308340.XLS Updated 6/3/08
LICENSE AGREEMENT
This Agreement is made this A day of, 2014, by and between the CITY
OF ROUND ROCK, (hereinafter "Licensor"), aTexas home rule municipality, and the
LAKESIDE HOMEOWNERS ASSOCIATION, (hereinafter. "Licensee", whether one or more).
Whereas, Licensor is the owner of the real property (hereinafter, "Property"), which is
depicted as the hashed area in Exhibit "A", attached hereto and incorporated herein; and
Whereas, Licensee desires to exercise certain rights and privileges upon and within the
Property; and
Whereas, Licensor desires to grant Licensee certain rights and privileges upon and within
the Property; and
NOW, THEREFORE, it is agreed as follows:
License
Licensee shall have the right to maintain
responsibility for mowing the Property,
improvements or other structures on the
playground equipment, benches and grills.
the Property as park land, including the
but shall not be entitled to place any
Property, including but not limited to
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 Property by virtue of this
license.
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.
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. This Agreement is not
assignable. Any assignment of this Agreement will automatically terminate the license.
304141 IR m,
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Terminable at Will
4. This Agreement is terminable by either party at will by the giving of written notice to
the other party.
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.
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:
LICENSOR: City of Round Rock
ATTN: Steve Norwood, City Manager
221 East Main Street
Round Rock, Texas 78664
LICENSEE: Lakeside Homeowners Association
cio Kim Todd
Community Manager
Alliance Association Management
2300 Greenhill, Bldg. 10, suite 1010
Round Rock, Texas 78664
IN WITNESS WHEREOF, this AGREEMENT is executed on this c.P9 day of
,Say_p raj,69 , 2014.
CITY OF ROUND ROCK
STEVE !%
...
. s?�
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 -71 day of : h , 2014.
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77"Ftvp SARIDON CHAMBLESS NOTARY PUBLIC in and for the State of Texas
e NorrMyCommlwonExptrea MaY 17, 2016
LAKESIDE HOMEOWNERS ASSOCIATION
By:
Date: ��• (� �. l�
STATE OF 2�c ws
COUNTY OF -, t1S w 5�.]
BEFORE ME, the undersigned!, a� notary public in and for said county and state, on this
day personally appeared'jS ,_ t&ret•4, President on behalf of said association, 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 0I day ootjf A16wae , 2014.
=CH NOTARY PUBLIC in and for the State of
�-Pjyc aS
After Recording, Please Return To:
Charles Crossfield
309 East Main
Round Rock, Texas 78664
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