CM-2017-1486 - 10/6/2017ELECTRONICALLY RECORDED 2017093308
Williamson County, Texas Total Pages: 9
LICENSE AGREEMENT
This Agreement is made thisgj�'day of �2017, by and between the CITY
OF ROUND ROCK, a Texas home rule municipality, whose address is 221 East Main Street,
Round Rock, Texas 78664 (hereinafter "Licensor"), and KB HOME LONE STAR, INC., a
Texas corporation, whose address is 10800 Pecan Park Blvd., Ste. 200, Austin, Texas 78750, and
SUNRISE CONDOMINIUM ASSOCIATION, INC., a Texas non-profit corporation, whose
address is 2471 Sunrise Road, Round Rock, Texas 78664 (hereinafter, collectively the
"Licensees").
Whereas, Licensor is the owner of the real property (hereinafter, "Property"), which is the
public right-of-way within Forest Ridge Boulevard as depicted by the shaded areas of Exhibit
"A," attached hereto and incorporated herein; and
Whereas, Licensees desire to exercise certain rights and privileges upon public rights-of-
way located within the Property; and
Whereas, Licensor desires to grant Licensees certain rights and privileges upon public
rights-of-way within the Property; and
NOW, THEREFORE, it is agreed as follows:
I. License
1.1 Licensee shall have the right to install and maintain landscaping irrigation and Bermuda
sod in portions of the Sunrise Road right-of-way and Old Settlers Boulevard right-of-
way, in accordance with Exhibit "A," subject to all conditions recited herein.
1.2 It is understood that this Agreement creates a license only and that Licensees do 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.
1.3 It is further understood that before the installation of any of the current or subsequent
improvements depicted in Exhibit "A," Licensees 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.
1.4 It is further understood that Licensees must comply with all other requirements of the
Code of Ordinances of the City of Round Rock, Texas.
1.5 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.
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2017093308 Page 2 of 9
II. Consideration
2.1 In consideration for this license, Licensees shall pay Licensor $10.00 and other good and
valuable consideration.
III. Non assign ability
3.1 The license granted in this Agreement is personal to Licensees. This Agreement is not
assignable. Any assignment in violation of this Agreement will automatically terminate
the license. Notwithstanding the foregoing, with the consent of the Licensor, Licensees
shall be permitted to assign Licensees' license under this Agreement to any entity
acquiring all or a portion of Licensees' property adjacent to the Property or a property
owners association created to maintain Licensees' improvements provided such assignee
assumes Licensees' obligations and rights granted under this Agreement, and Licensees
shall be released from any and all obligations hereunder accruing after such assignment.
IV. Terminable at Will
4.1 This Agreement is terminable by either party at will by the giving of actual notice to the
other party. Upon termination, any improvements to the Property, at Licensor's option
exercised in writing, will become the property of Licensor and it is agreed that Licensor
will not reimburse Licensees for any costs expended for said improvements.
V. Indemnity
5.1 Licensees 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 Licensees'
exercise of the license under this Agreement.
VI. Release
6.1 Licensees assume 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 any 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 Licensees' 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.
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VII. Venue
7.1 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. Venue for any dispute under this Agreement shall lie exclusively in the
courts of Williamson County, Texas.
VIII. Notice
8.1 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: City Manager
221 East Main Street
Round Rock, Texas 78664
LICENSEE: KB Home Lone Star, Inc.
10800 Pecan Park Blvd., Ste. 200
Austin, Texas 78750
LICENSEE: Sunrise Condominium Association, Inc.
2471 Sunrise Road
Round Rock, Texas 78664
IN WITNESS WHEREOF, this AGREEMENT is executed on this day of
® , 2017.
LICENSEES:
KB Home Lone Star, Inc.
By:
o��Zins�r, Vice -President
Date: t ?
3.
2017093308
Sunrise Condominium Association, Inc.
Gerald D. Poe, as Presi
Date: %
LICENSOR:
City of Round Rock, Texas
By:
Date:
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF j mw S
Page 4 of 9
This instrument was acknowledged before me on this' day of W , 2017,
by John Zinsmeyer, Vice -President of KB Home Lone Star, Inc., whose name is subscribed to
the preceding instrument, and acknowledged to me that he executed it for the purposes and
consideration expressed in it.
�,a •HMM FRA N" BURM
ROTARY PUBLIC -STATE OF TEXAS
AS
IDA 128179175
- COMM. EXP. '12-17-2619
4.
Signature
Ir
Printed Name �—
Notary Public, State of
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF��,��;
2017093308 Page 5 of 9
This instrument was acknowledged before me on this 1541^ day of `� ®, 2017,
by Gerald D. Poe, as President of Sunrise Condominium Association, Inc., whose name is
subscribed to the preceding instrument, and acknowledged to me that he executed it for the
purposes and consideration expressed in it.
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URGHEROF TEXAS176-2019
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
Signature
*A— 1c1;✓t
Printed Name
Notary Public, State of si
ACKNOWLEDGMENT
This instrument was acknowledged before me on this day of _, 2017,
by A'__the City of Round Rock, in the capacity and for the purposes
and consideration therein indicafei� y1e-•
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EXHIBIT A
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2017093308 Page 9 of 9
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2017093308
Pages- 9 Fee- $61.00
10/06/2017 01.28 PM
i'r.,l AS EtpF-7- .
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement with KB Homes Lone Star, Inc.
and Sunrise Condominium Association, Inc. for the right to install and
maintain landscaping irrigation and sod in portions of the Sunrise Road
right -of way and Old Settlers Boulevard right-of-way
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/6/2017
Dept Director: Brad Wiseman, Director of Planning and Developmnet Services
Cost: $0.00
Indexes:
Attachments: Sunrise Condos -Signed doc
Department: Planning and Development Services Department
Text of Legislative File CM -2017-1486
Consider executing a License Agreement with KB Homes Lone Star, Inc. and Sunrise
Condominium Association, Inc. for the right to install and maintain landscaping irrigation
and sod in portions of the Sunrise Road right -of way and Old Settlers Boulevard
right-of-way
Consider executing a License Agreement with KB Homes Lone Star, Inc. and Sunrise
Condominium Association, Inc. for the right to install and maintain landscaping irrigation
and sod in portions of the Sunrise Road right -of way and Old Settlers Boulevard
right-of-way.
City of Round Rock Page 1 Printed on 912912017