CM-2018-1693 - 4/20/2018ELECTRONICALLY RECORDED 2018034378
Williamson County, Texas Total Pages: 6
LICENSE AGREEMENT
This License Agreement ("Agreement"), effective this the ;i�day of _ArJ , 2019,
is entered into by and between the CITY OF ROUND ROCK, TEXAS (hereinafter "Licensor"),
a Texas home rule municipality, and MADSEN RANCH HOMEOWNERS COMMUNITY,
INC., a Texas corporation ("Licensee").
WHEREAS, Licensor is the owner of the real property (hereinafter, "Property"), which is
a public right-of-way along Athea Lane in Round Rock, Texas, as depicted in Exhibit "A" attached
hereto and incorporated herein; and
WHEREAS, Licensee owns the property adjacent to the Property, and
WHEREAS, Licensee desires to exercise certain rights and privileges upon the public
right-of-way area located within the Property; and
WHEREAS, Licensor desires to grant Licensee certain rights and privileges upon the
public right-of-way area within the Property, and
NOW, THEREFORE, it is agreed as follows:
License
1. Licensee shall have the right to install, construct, maintain, and repair several
masonry columns and associated improvements ("Licensee's Improvements") in, over and upon
the southern right-of-way line of Athea Lane, as described in Exhibit "A".
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 public right-of-way located
within the Property by virtue of this license.
It is further understood that before the installation of Licensee's Improvements or
subsequent improvements, but not far the purpose of maintaining, upgrading or repairing, Licensee
shall obtain all required permits from Licensor.
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, upgrade, or
repair any of Licensee's Improvements in or upon the property, including the payment of any fees
of any kind associated with any of Licensee's Improvements.
Consideration
2. In consideration for this license, Licensee shall pay Licensor $10.00 and other
valuable consideration.
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2018034378 Page 2 of B
Nonassiunable
3. This license granted in this Agreement is personal to Licensee and Licensee's
tenants. This Agreement is not assignable other than to a tenant of Licensee and Licensor hereby
expressly consents to any assignment to a tenant. Any other assignment of this Agreement will
automatically terminate the license.
Terminable at Will
4. This Agreement is terminable by either party at will by the giving of actual notice
of a particular termination date to the other party but with not less than 30 days' notice. Upon
termination, if Licensee does not remove Licensee's Improvements prior to the termination date,
which shall be not less than 30 days from notice, any of Licensee's Improvements to Property wiII
become the property of Licensor and it is agreed that Licensor will not need to reimburse Licensee
or a tenant for any costs expended for said Licensee's Improvements.
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 oror in connection with Licensee's exerciscof the license
under this Agreement, except for acts of Licensor or its officers, agents or employees, that
are grossly negligent or of willful misconduct or of Licensor's contractor's acts that are
negligent or of willful misconduct.
Release
6. Licensee assumes full responsibility for its exercise of the license, and except for
the acts of Licensor or its officers, agents or employees, that are grossly negligent or of willful
misconduct or of Licensor's contractor's acts that are grossly negligent or of willful misconduct,
Licensee 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 costs 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 according with the laws of the State
of Texas, and all obligations of the parties created hereunder are performable in Williamson
County, Texas.
2018034378 Page 3 of 6
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: City Manager
221 East Main St.
Round Rock, TX 78664
LICENSEE: Madsen Ranch Homeowners Community, Inc.
c/o Connect Community Management, LLC
201 S. Lakeline Blvd., Ste 502
Cedar Park, TX 78613
IN WITNESS WHEREOF, this Agreement is executed on the dates indicated.
CITY OF ROUND ROCK, TEXAS
By:AA
' 1
Dale: EeuriiRedlsy}� !G ( r f I r.
1%
MADSEN RANCH HOMEOWNERS COMMUNITY, INC.,
A Texas Corporation
'"I ��ZA - . I
Printed Name: Chris L. Fields
Title; president
Date: 3-1-18
2018034378 Page 4 of B
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
BEFORE ME, the undersigned, a notary public in and for said county and state, on this day
personally ppeared I~1', as er of the CITY OF ROUND ROCK,
TEXAS, /!ea
oma rule municipality, behalf of said municipality, known to me to be the
person whis subscribed to the�nsideration
egoing instrument, and acknowledged to me that she
executedtfor the purpose and therein expressed.
rven my ha seal of
o�t�i���rr��'i
ZliOF I .
� 1 .
ACKNOWLEDG
STATE OF TEXAS
COUNTY OF WILLIAMSON
ke on this the 2A8y of , 2018.
NI-y�'.
1
Notary Pub , State of Texas
BEFORE ME, the undersigned, a notary public in and for said county and state, on this day
personally appeared Chris L. Fields (Name), as President (Title) of
MADSEN RANCH HOMEOWNERS COMMUNITY, INC., a Texas corporation, on behalfaf
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 my hand and seal of office on this the 1st day of March , 2018,
CYNIM ALNE JONES
Noroty Fubk. Sloie of Texas
Fay Corn mission Expkes
Febwory 13. 2019
After recording, return to:
Sara White
City Clerk, City of Round Rock
221 E. Main St.
Round Rock, TX 78664
-,
j►
otary Public, State of Texas
EXHIBIT
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STAMPED BRICK
PATTERN (TYP.)
COLOR "DARK
BRICK RED"
REF. DETAIL 2
THIS SHEET
` MASONRY COLUMP
1 REF. STRUCTURAL
DRAWINGS
2018034378 Page 5 of 6
COLUMN 50 FT. O.0
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COLUMN 110 FT. O.0
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2018034376 Page 6 of 6
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2018034378
Pages:6 Fee: $37.00
04/25/2018 09'35 AM
.r�
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
JROUNDEXASRoar Agenda Item Summary
E�CA3
Agenda Number:
Title: Consider executing a License Agreement with Madsen Ranch Homeowners
Community, Inc. allowing for construction of masonary improvements in the
right -of- way.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/20/2018
Dept Director: Brad Wiseman, Director of Planning and Development Services Office
cost: $0.00
Indexes:
Attachments: Executed License Agreement
Department: Planning and Development Services Department
Text of Legislative File CM -2016-1693
Consider executing a License Agreement with Madsen Ranch Homeowners Community,
Inc. allowing for construction of masonry improvements in the right -of- way.
This license agreement will give the HOA the right to install, construct, maintain, and repair
the masonry fence and associated improvements in, over and upon the southern
right-of-way line of Athea Lane in the Madsen Ranch Subdivision.
City of Round Rock Page f Printed on 4/20/2018