CM-2018-1798 - 8/17/2018ELECTRONICALLY RECORDED 2018074264
Williamson County, Texas Total Pages; 6
LICENSE AGREEMENT
This License Agreement ("Agreement"), is entered into by and between the CITY OF
ROUND ROCK, TEXAS (hereinafter "Licensor"), a Texas home rule municipality, and MR
ENTERPRISES, LLC, a Texas limited liability company ("Licensee").
WHEREAS, Licensor is the owner of the real property (hereinafter, "Property"), which is
part of the public right-of-way along A. W. Grimes Boulevard in Round Rock, Texas, as depicted
in Exhibit "A" attached hereto and incorporated herein; and
WHEREAS, Licensee owns property near the Property. Licensee's property is described
as follows:
Tract One:
Lot 4A of the REPLAT OF LOT 4, BLOCK A, HIGHLAND HWY 79
COMMERCIAL PHASE 2, a subdivision in Williamson County, according to the
Plat recorded in Document No. 2017117810 of the Official Public Records of
Williamson County, Texas; and
Tract Two:
LOT 8, BLOCK A, HIGHLAND HWY 79 COMMERCIAL — PHASE 2, a
subdivision in Williamson County, Texas, according to the map or plat recorded in
Cabinet DD, Slides 155-156, Plat Records of Williamson County, Texas; 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 a post &
panel sign and associated improvements ("Licensee's Improvements") in, over and upon the
eastern portion of the right-of-way of A. W. Grimes Boulevard, 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 for the purpose of maintaining, upgrading or repairing, Licensee
shall obtain all required permits from Licensor.
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2018074264 Page 2 of 6
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.
Nonassi nable
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 will
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, Iosses, 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, 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
2
2018074264 Page 3 of 6
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.
7.
Venue
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.
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: MR Enterprises, LLC
c/o Antonio A. Prete
702 East 2nd Street
Elgin, Texas 78621
IN WITNESS WHEREOF, this Agreement is executed with effective date being the date last
executed below.
LICENSOR
CITY OF ROUND ROCK, TEXAS
By.
(Acknowledgement Next Page)
2018074264 Page 4 of 6
ACKNOWLEDGMENT
STATE OF TEXAS §#
oyp
§ 90�.�
COUNTY OF WILLIAMSON §
BEFORE ME, the unders' ed, a notary blit in and for said county and state, on this day
personally appeared L
Y.
as r of the CITY OF ROUND ROCK,
TEXAS, 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 she
executed the same for the purpose and consideration therein expressed.
Given my ha�djmAj l of office on this the 1�ay of , 2018.
oE� **.
SPRY Ppe`••0 '',-
I 1AU4,-,-P,
NotdfyVublic, St of Texas
dt
P
FOFI
LICENSEE,
MR ENTERPRISES, LLC, a Texasli liability company
By:
_ 4= x Antonib A. Prete, Manager
ACKNOWLEDGMENTS
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 ANTONIO A. PRETE, as Manager of MR ENTERPRISES, LLC, a Texas
limited liability company, on behalf of said company, 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 day ofk4w4-, 2018.
1z 6"—,C(Xq44 , aa vwjky—
VERONICA M. CHANDLER
Not" PUM, State of Tom Notary Public, State of Texas
..[. j Comm. Explras 01 -2&2022
'�ai°ffillNotary 10 128154343
a
LOCATION MAP
NTS
CITY OF ROUND ROCK
CALLED 3.68 ACRES
DOC. NO. 2005003073
O.P.R.W.C.T.
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co
(D
3
d le
yr r r Vr "WW11Y V%%JWr%
CALLED 0.053 ACRES
DOC. NO. 2004011846
O.P.R.W.C.T.
PAP
0
2018074264 Page 5 of 6
Exhibit A
0 50 100 200
HORIZONTAL SCALE
REPLAT OF LOT 4, BLOCK A
HIGHLAND HWY 79
COMMERCIAL - PH II
BLOCK A, LOT 8
CITY OF ROUND ROCK
VARIABLE WIDTH
WASTEWATER ESMT.
DOC. NO. 2007046717
O.P.R.W.C.T.
/
RESUBDIVISION OF THE
FINAL PLAT
PALM CREEK CENTER
SECION It
BLOCK A, LOT 2
- N:10161157.87
E:3139799.08
PROPOSED SIGN
LOCATION
CITY OF ROUND ROCK
CALLED 0.003 ACRES
DOC. NO.2004011'846=7
O.P.R.W.C.T.
"COORDINATES ARE IN GRID VALUES
ALL INFORMATION FURNISHED REGARDING THIS PROPERTY IS FROM SOURCES
DEEMED RELIABLE. HOWEVER WAELTZ d PRETE, INC. HAS NOT
INDEPENDENTLY VERIFIED ANY OF THESE SOURCES. NO WARRANTY OR
GUARANTEE IS MADE BY WAELTZ & PRETE. INC. AS TO THE ACCURACY. THE
INFORMATION SHOWN IS CONCEPTUAL IN NATURE AND DOES NOT REPRESENT
ANY REGULATORY APPROVAL.
"' RAILROAD CENTERLINE
PRIVATE ROAD
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ANTONIO A #P -RETE-
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SIGN LOCATION EXHIBIT
r"t,
WAELTZ & PRETE, INC.
w�i 0
CIVIL ENGINEERS
3000 JOE DIMAGGIO BLVD. #72
ROUND ROCK, TX. 78665
1,4 a�
PH (512 505.8953
ENGIN
FIRM TX. REG. #F-1 0308
2018074264 Page 6 of 6
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2018074264
Pages: 6 Fee: $37.00
08/20/2018 01:31 PM
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
ROUND ROCK
TEXA Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement between the City of Round Rock
and MR Enterprises, LLC (Waeltz and Prete, Inc.) to allow a sign to be
constructed in the City -owned right-of-way in the general vicinity of 211 N.
AW Grimes Blvd.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 8/17/2018
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost:
Indexes:
Attachments: License Agreement for Waeltz and Prete Sign
Department: Planning and Development Services Department
Text of Legislative File CM -2018-1798
Due to the existing City -owned right-of-way, there would be limited visibility for a sign
constructed within the property lines of 211 N. AW Grimes Blvd. This license agreement will
give the property owner the option to install, construct, maintain and repair a sign closer to N.
AW Grimes Blvd. and in City -owned right-of-way as shown on Exhibit A.
City olRound Rock Page 1 Printed on BlIS12018