CM-2019-0197 - 7/5/2019ELECTRONICALLY RECORDED 2019061920
Williamson County, Texas Total Pages: 7
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
RRTX LAKE CREEK HOTEL, LP, a Texas limited partnership, hereinafter referred to as the
"Owner," whose address is 100 Congress Avenue, Suite 1450, Austin, Texas 7870 1, and the CITY
41F ROUND ROCK, TEXAS, hereinafter the "City," a municipal home -rule corporation whose
Wdress is 221 E. Main Street, Round Rock, Texas 78664, and becomes effective on the date
�ndicated below. The City and the Owner agree as follows:
A. Owner owns the property located at 400 Fannin Avenue, Round Rock, Texas 786
(Lot 1, Ruby Hotel Subdivision) (the "Property').
B. City is the record holder of a Public Utilities and Storm Water Drainage Faciliti
Easement (hereinafter the "Easement") on the Property as shown on Exhibit "A
attached hereto and incorporated herein by reference for all purposes.
C. The Owner has requested that the City allow an encroachment on or over a portion•
the Easement, with the Encroaching Structure being in the nature of a 4' grade inI
and 42" RCP and 30' of 15" RCP that connect to the public junction box as shown i
Exhibit "A7' (hereinafter the "Encroaching Structure").
D. By execution of this Agreement, the City grants its limited consent for the Owner t•
encroach on or over a portion of the Easement strictly subject to the follo 'n.,
conditio,7is:
(1) The Encroaching Structure may be located only as depicted on the
attached Exhibit "A", and that no further encroachment or improvements
of any kind in the Easement shall be allowed;
(2) The existence of the Encroaching Structure shall be subject to any and
all relevant requirements of the Round Rock Code of Ordinances,
including but not limited to the Building Code;
maintenance, repair and removal of the Encroaching Structure shall
be solely at the risk and liability of the Owner, and not at the risk and
liabty of the City in any manner whatsoever;
(4) Removal of the Encroaching Structure, or a portion thereof, shall cause
the immediate termination of this Agreement;
k5) The permission of the City in allowing the Encroaching Structure shall
be strictly limited to this particular request, and shall not be construed as
establishing any precedent whatsoever;
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License to Encroach —Ruby Hotel
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(6) The parties expressly agree that the City and other public utilities havix;
full authority in an emergency to remove the Encroaching Structure, ane
such removal shall be allowed without notice to the Owner and without
any obligation whatsoever on the part of the City or other public utility
to replace or repair any part or the whole of the Encroaching Structure;
(7) In a non -emergency situation, the Owner agrees to be solely responsible
for removal of the Encroaching Structure to the City's satisfaction, and
such removal shall be completed by the Owner within ten (10) days of
actual notice to the Owner of the City's directive to remove same. The
parties expressly agree that, in the event the Owner fails to remove the
Encroaching Structure to the City's satisfaction following r',.... then
and in that event the City may cause the Encroaching Structure to be
removed at the expense of the Owner;
(8) The parties expressly agree that the City shall not be responsible for
damage caused to the Encroaching Structure by the City's use or
maintenance of the Easement;
(9) The Owner shall indemnify and hold the City harmless from any and all
loss, damage, penalty, liabty, cost and expense, including without
limitation reasonable attorney's fees, that may be incurred by, imposed
upon, or asserted by reason of any suit, action, legal proceeding, claim,
demand, regulatory proceeding, or litigation arising from any act done or
omitted to be done by any party, excepting only any loss, damage,
penalty, liability, cost or expenses resulting from negligence or willful
misconduct of the City. Nothing herein shall be deemed to limit the
rights (including but not limited tothe right to seek contribution) of the
City or the Owner against any third party who may be liable for an
indemnified claim. The parties agree that in no event shall the City be
liable to the Owner for any incidental, indirect, special, punitive,
consequential or similar damages of any kind including without
limitation loss of profits, loss of business or interruptions of business,
whether such liabilities are predicated on contract, tort, strict liabty or
any other legal theory. This inderrtncation shall apply to the Owner,
and to each of its successors, assigns, officers, employees and officials.
The parties agree that the provisions of this section shall survive the
termination of this agreement;
(10) Relative to any subsequent purchaser of the Property and/or the
Encroaching Structure, the Owner expressly agrees to adequately inform
any such purchaser of the existence of this Agreement and provide a copy
of same; and
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2019061920 Page 3 of 7
(11) The City reserves the option to rescind this Agreement at any time, with
or without cause, by giving Owner ten (10) days written notice of its
exercise of said option.
By execution below by the Owner and the respective appropriate authorities of the City
of Round Rock, Texas, the signatories bind the entities to obey all conditions of this Agreement.
OWNER
RRTX LAIKE CRE K HOTEL, LP
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2019061920 Page 4 of 7
THE STATE OF7L)Caus §
COUNTYOF AVCL:Sol^
This instrument was acknowledfacd before me on this the day of the month
of 2019, byi3(Name), OAAJtI I'll, C I (Title), of
RRTX Lake Creck Hotel, LP, a Texas limited liability company, known by me to be the person whose
act and deed of and on behalf of said entity and in the capacity and for the purposes and consideration
therein expressed. .4M]FL" / z�-
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PriTted Na-ste
Notary Public, State of
This instrument was acknowledjej
by Laurie Hadley, Round Rock City
consideration therein indicated.
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on this q day of 1 20197
in the capacity and for the purposes and
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this
by Laurie Hadley, Round Rock City Manager, in the
consideration therein indicated.
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2019061920 Page 5 of 7
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RECORDERS MEMORANDUM
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2019061920 Page 7 of 7
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2019061920
Pages- 7 Fee- $45.00
07/10/2019 08.40 AM
i'r.,l AS EtpF-7- .
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
TE UXZ OI Agenda Item Summary
T�XA�
Agenda Number:
Title: Consider executing an Enroachment Agreement with RRTX. Lake Creek
Hotel, LP the Ruby Hotel project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7/5/2019
Dept Director: Brad Wiseman, Planning and Development Services Director
Cost: $0.00
Indexes:
Attachments: Ruby Hotel - Signed agreement
Department: Planninq and Development Services Department
Text of Legislative File CM -2019-0197
Storm drain pipes and inlets for a site that will be privately maintained are located within a
public storm easement that runs through the site's parking lot. This agreement clarifies what is
and what is not the City's responsibility to maintain.
City of Round Roth Page l Printed on 7/3/2m