CM-2017-1587 - 12/18/2017LICENSE AGREEMENT
This Agreement is made this' day of Ott 2017, by and between the
CITY OF ROUND ROCK, TEXAS, a Texas home rule municipality, whose address is 221 East
Main Street, Round Rock, Texas 78664 (hereinafter "Licensor"), and ROUND ROCK
RESIDENCES, LLC, an Alabama limited liability company, whose address is 2204 Lakeshore
Drive, Suite 450, Birmingham, Alabama 35209 (hereinafter collectively, "Licensee," whether one
or more).
WHEREAS, Licensor is the owner of real property (hereinafter, the "Property"), which is
the 65 -foot -wide public right-of-way along Satellite View and the variable -width public right-of-
way along College Park Drive as depicted in the Final Plat of Avery Centre College Park North,
recorded in Document Number 2016117224 in the Official Public Records of Williamson County,
Texas; and
WHEREAS, Licensee desires to exercise certain rights and privileges within the Property;
and
WHEREAS, Licensor desires to grant Licensee certain rights and privileges within the
Property; and
NOW, THEREFORE, it is agreed as follows:
I. License
1.1 Licensor shall allow the Licensee to plant street trees (the "Trees") within the Property, in
accordance with Exhibit "A", but such improvements shall at all times not be in contact
with any electric, water, sewer, or other utility, or equipment, or interfere in any way with
such utility, improvements and other property, or any road improvements and be subject to
the following terms and conditions recited herein.
1.2 Neither the granting of the license, nor any related permit, constitutes an abandonment by
Licensor of its property, easement or easements, or any other rights in and to the above-
described Property. Licensee expressly stipulates and agrees by Licensee's acceptance of
this license that Licensee neither asserts nor claims any interest or right of any type or
nature whatsoever, legal, equitable or otherwise in or to Licensor's Property.
1.3 It is further understood that the Trees may be located only as depicted on the attached
Exhibit "A", and that no further improvements of any kind to the Property or in the public
right-of-way shall be allowed under this license.
1.4 It is further understood that Licensee must comply with all other requirements of the Code
of Ordinances of the City of Round Rock, Texas.
388981
LIC1710-0001
CM -2-0 7 -IS f
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.
II. Consideration
2.1 In consideration for this license, Licensee shall pay Licensor $10.00 and other good and
valuable consideration.
III. Nonassignability
3.1 The license granted in this Agreement is personal to Licensee. 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, Licensee shall be
permitted to assign Licensee's license under this Agreement to any entity acquiring all or
a portion of Licensee's property adjacent to the Property or a property owners association
created to maintain Licensee's improvements 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.
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 Licensee for any costs expended for said improvements.
V. Indemnity
5.1 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.
VI. Release
6.1 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
2.
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.
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:
CITY: City of Round Rock
ATTN: City Manager
221 East Main Street
Round Rock, Texas 78664
LICENSEE: Round Rock Residences, LLC
2204 Lakeshore Drive, Suite 450
Birmingham, Alabama 35209
IN WITNESS WHEREOF, the effective date of this AGREEMENT is the date of final
acknowledgement below.
(Signatures on the following page)
3_
LICENSEE
Round Rock Residences, LLC,
an Alabama Limited Liability Company
By.
R ert to anagen
LICENSOR
City of Round Rock, Texas
By.
Laurie Hadley, Ith Mana
(acknowledgments ora following pages)
4
ACKNOWLEDGMENT
STATE OF 14
COUNTY OF
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This instrument was acknowledged before me on this IJkday of Y`VyolttbQr , 2017,
by ROBERT B. CRUMPTON, III, as Manager of Round Rock Residences, LLC, in the capacity
and for the purposes and consideration therein indicated.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
Signature
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Printed Name
Notary Public, State of _&Lba tV
My CommiWw moires
ACKNOWLEDGMENT ij Jim 24,20
This instrument was acknowledged before me on this IL day of , 2017,
by Laurie Hadley, City Manager of the City of Round Rock, in the capacity and for the purposes
and consideration therein indicated.
ft BLANCA BLANCA GILLIS
Notary Public, State of Texas
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EXQHIBIT
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> Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement between the City of Round Rock
and Round Rock Residences, LLC to allow the developer to place street
trees in the City -owned right-of-way.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 12/15/2017
Dept Director: Brad Wiseman, Director of Planning and Development Services Office
Cost: $0.00
Indexes:
Attachments: University Village Apartments - LIC
Department: Planning and Development Services Department
Text of Legislative Fite CM -2017-1587
Consider executing a License Agreement between the City of Round Rock and Round
Rock Residences, LLC to allow the developer to place street trees in the City -owned
right-of-way.
The purpose of this License Agreement is to allow the developer to place street trees in
the right-of-way as per the City approved plan.
City of Round Rock page f Printed on 1211312047