CM-2018-1790 - 8/17/2018ELECTRONICALLY RECORDED 2018074266
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 405 E
MAIN, LLC, a Texas limited liability company ("Licensee").
WHEREAS, Licensor is the owner of the real property (hereinafter, "Property"), which is
a public right-of-way along East Main Street in Round Rock, Texas, as depicted in Exhibit "A"
attached hereto and incorporated herein; and
WHEREAS, Licensee owns the property adjacent to the Property described as Lots 1-12,
Block 12, CITY OF ROUND ROCK, in Williamson County, Texas, according to the map or plat
recorded in Volume 25, Page 314, Deed Records of Williamson County, Texas, transcribed into
Cabinet A, Slide 190, 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
I. Licensee shall have the right to install, construct, maintain, and repair a post &
panel sign and associated improvements ("Licensee's Improvements'D in, over and upon the
southern right of -way line of East Main Street, 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.
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 fin Cher 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.
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2018074266 Page 2 of 6
Consideration
2. In consideration for this Iicense, 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
h. 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 al l 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.
2018074266 Page 3 of 6
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.
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 76664
LICENSEE: 405 E Main, LLC F+
cie-Miehsel G. Ke sheimer `Rc a mr Liu , L) /11--
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IN WITNESS WHEREOF, this Agreement is executed with effective date being the date last
executed below.
CITY OF ROUND ROCK, TEXAS, LICENSOR
By: t !ZZ(A-er
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
BEFORE ME, the undersi d, a Hata ublic ' d for said county and state, on this day
personally appeared L LEY, er 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
the purpose and consideration therein expressed.
and seal of office an this the day of 2018.
Notary Public, tate of Texas
3
450 E MAIN, LLC, LICENSEE
By: QZ4-1
Robert Levin, Manager
BY: -
!ga T.'n, Manager
ACKNOWLEDGMENTS
STATE OF TEXAS
4�
COUNTY OF _���
2018074266 Page 4 of 6
BEFORE ME, the undersigned, a notary public in and for said county and state, on this day
personally appeared ROBERT LEVIN, as Manager of 405 E MAIN, LLC, a Texas limited
liability company, on behalf of said company, known to
subscribed to the foregoing instrument; and acknowledged
purpose and consideration therein expressed, ..
Given my hand and seal of office on this
STATE OF TEXAS
COUNTY OF!..
me to be the person whose name is
to me that he executed the same for the
day of — A r' 201 S.
State of
JORGE HARD
Notary Public
+ • STAT? OF TEXAS
My Comm. Exp, 12.28-21
Notary ID M 13139354.3
BEFORE ME, the undersigned, a notary public in and for said county and state, on this day
personally appeared OLGA T. LEVU% as Manager of 405 E MAIN, 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 instntment, and acknowledged to me that he executed the same for the
purpose and consideration therein expressed. r
Given my hand and seal of office on this the day of T- 2018.
� ,,, JORGE: HARD
Notary Public
••
STATE OF TEXAS
'�y i My Comm. Exp 12.28-21
'r�'� Nolery ID p 13139354-3
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2018074266 Page 5 of 6
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2018074266 Page 6 of 6
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2018074266
Pages:6 Fee: $37.00
08/20/2018 01:43 PM
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Nancy E. Rister.County Clerk
Williamson County,Texas
City of Round Rock
IROUND ROCK
TEXA_ Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement between the City of Round Rock
and 405 E Main, LLC (Woodbine Mansion) to allow a sign to be constructed
in the City -owned right-of-way adjacent to 405 E. Main Street.
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 Woodbine Sign
Department: Planning and Development Services Department
Text of Legislative File CM -2048-1790
Due to the exising fence, there would be limited visibility for a sign constructed within the
property lines. This license agreement will give the property owner the option to install,
construct, maintain and repair a sign on the south side of the East Main Street right-of-way as
shown on Exhibit A.
City o/Round Rock Page l Printed on 9/10/2016