CM-2018-1694 - 8/27/2018ELECTRONICALLY RECORDED 2018076929
Williamson County, Texas Total Pages: 13
LICENSE AGREEMENT
Z17IS
This Agreement is made this day of—;,2 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 the FOREST CREEK
HOMEOWNERS' ASSOCIATION, INC., a Texas non-profit corporation, whose address is c/o
Real Manage Property Management, 3901 Amberglen Boulevard, Suite 150, Austin, Texas 78729
(hereinafter collectively, "Licensee," whether one or more).
WHEREAS, Licensor is the owner of real property (hereinafter, the "Property"), which is
the I 0 -foot -wide public utility easement running along the western edge of Forest Creek Drive as
depicted in the Final Plat of Forest Creek Phase Two, recorded in Document Number 9339977 in
the Official Public Records of Williamson County, Texas and at Cabinet K, Slide 300 in the PIat
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 construct a masonry fence (the "Fence") 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 Fence 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.
389007
LICl_710•0003 '2a(F-�` „
2018076929 Page 2 of 13
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.
V1. 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.
2018076929 page 3 of 13
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: Forest Creek Homeowners' Association, Inc.
3901 Amberglen Boulevard, Suite 150
Austin, Texas 78729
IN WITNESS WHEREOF, the effective date of this AGREEMENT is the date of final
acknowledgement below.
(Signatures on the followingpage)
3,
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LICENSEE
Forest Creek Homeowners' Association, Inc.
an Texas Non-profit Corporation
1,eitlz CVinviclie,r
Printed Name
v, P. Fal 1 G A
Title
LICENSOR
City of Round Rock, Texas
By: _
(acknowledgments on following pages)
2018076929 Page 5 of 13
ACKNOWLEDGMENT
STATE OF TeXQS
COUNTY OF
This instrument was acknowledged before me on this aq-+h day of __j cer-A6e r _ _, 2017,
by t zl 1-h Ch %Li �Y (Name), as %' P Aj k _(Title) of The Forest Creek
Homeowners' Association, Inc., in the capacity and for the purposes and consideration therein
indicated.
SAVINAty ub#
•'' • STATE OF Texas
ID# 13109M
cm a, 24 2021
THE STATE OF TEXAS
MUNTY OF WILLIAMSON
by
_ � '.
Signature
_Save n a
Printed Name
Notary Public, State of J' -x n (�
ACKNOWLEDGMENT
1 2oi V
This instrument as acknowledged before me on this Z1 aay of �, 2i'7;
ramie�adley,Ti y Manager of the City of Round Rock, in the capacity andLt6r the purposes
consideration therein indicated. A A
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Notary Public, State of
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ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2018076929
Pages: 13 Fee: $93.00
08/28/2018 12:30 PM
AT
`•�klV a,4A i.
Nancy E. Rister,County Cleric
Williamson County,Texas
ROUND ROCK City of Round Rock
YrXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement with Forest Creek Homeowners'
Association, Inc. allowing for construction of masonry fence improvement in a
10 -foot -wide public utility easement.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 8/24/2018
Dept Director:
Cost:
Indexes:
Attachments: License Agreement for Forest Creek - Signed
Department: Planning and Development Services Department
Text of Legislative File CM -2018-1694
Consider executing a License Agreement with Forest Creek Homeowners' Association,
Inc. allowing for construction of masonry fence improvement in a 10 -foot -wide public utility
easement.
This License Agreement will allow the Forest Creek Homeowners' Association, Inc. to
construct a masonry fence in a 10 -foot -wide public utility easement. The 10 -foot -wide
public easement runs along the western edge of Forest Creek Drive as depicted in the
Final Plat of Forest Creek Phase Two, The improvements shall not interfere with any
utilities, other property, nor road improvements.
City of Round Rock page 1 Printed on 0/23/2018