CM-2020-069 - 3/13/2020Form ROW-N-TCL
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ELECTRONICALLY RECORDED 2020027752
Williamson County, Texas Total Pages: 9
TEMPORARY CONSTRUCTION LICENSE AGREEMENT
Logan Street Grading
KNOW ALL BY THESE PRESENTS:
That CONTINENTAL HOMES OF TEXAS, L.P., a Texas limited partnership, herein
referred to as "Grantor", in consideration of One Dollar (S1.00) and other good and valuable
consideration paid by the City of Round Rock, does hereby grant to the CITY OF ROUND ROCK,
TEXAS, its agents, contractors, successors and assigns, hereinafter referred to as "City", a
temporary construction license (the "License") for the purpose of constructing, installing,
removing and shaping earthen and vegetative materials for modification of surface grade and slope
to allow proper conveyance of stormwater across the property of Grantor and the adjacent road
right of way owned by City ("Project") in, along, upon and across the property located in the
County of Williamson, State of Texas, described and shown in Exhibit "A" attached hereto and
made a part hereof for any and all purposes (the "Property"). The Project grading work constructed
by Grantee on the Property shall be in the general locations and solely according to the plans,
notes, and specifications as shown in Exhibit "A" attached hereto and incorporated herein. This
Temporary Construction License Agreement is referred to hereinafter as this "Agreement".
For the consideration above recited and the mutual covenants and conditions contained in
this Agreement, the parties further agree as follows:
1. Compliance with Laws. City covenants and agrees to comply with, and to cause
its employees, agents, contractors, and subcontractors performing any work in connection with the
Project (collectively, "City Parties") to comply with, all applicable laws, ordinances, rules,
regulations, orders, restrictive covenants, deed restrictions, and other legal requirements, including
any applicable environmental, health, and safety laws and regulations, of any governmental
authority having jurisdiction, which affect or apply to the use of the Premises or any activities
which any City Parties may conduct on the Property.
2. AS IS. WHERE IS. CITY ACKNOWLEDGES AND AGREES THAT THE
LICENSE IS GRANTED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND
BY GRANTOR, EXPRESS OR IMPLIED, A5 TO THE PROPERTY, AND CITY ACCEPTS
THE LICENSE AND THE PROPERTY ON AN "AS IS, WHERE IS, WITH ALL FAULTS"
BASIS ONLY. To the extent permitted by the laws and constitution of the State of Texas, City,
on its own behalf and on behalf ofall City Parties, waives and releases any claims City or any City
Parties may have against Grantor for loss, damage, or injury to persons or property sustained by
City, any City Parties, or anyone claiming by, through, or under City in connection with the
License, entry on the Property, and the Project.
3. Restoration. Following completion of work within the Property, if City has
removed or damaged improvements, herbage, or landscaping within the Property or any other of
Grantor's property, City shall at its expense restore the surface condition of such properties injured
by City's activities to substantially the same condition as existed previous to City's entry upon the
particular property and sufficient to prevent erosion of same, taking into account the proposed
Project improvements identified herein. In addition, upon the expiration or any earliertermination
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of this Agreement and the License, City shall promptly remove any equipment or other personal
property of City and any City Parties installed, placed, or stored on the Property, repair any damage
to the Property caused by City or any City Parties, and return the Property to the condition it was
in before City's and any City Parties' entry and activities thereon. If City fails to restore the
Property, Grantor may do so at City's cost. If Grantor incurs any costs or expenses pursuant to
this section, City will reimburse Grantor for all such costs and expenses within fifteen (15) days
following receipt of any invoice from Grantor for such costs.
4. Insurance. City agrees to cause its contractors and subcontractors to obtain, prior
to entry on the Property and prior to undertaking any work or activities relating to the Project, and
to maintain during the term of this Agreement, commercial general liability insurance, with limits
and other terms or requirements as set out in Article 5 of the City's standard General Conditions
for construction contracts,. A]I such insurance shall be with a carrier or carriers authorized to do
business in the State of Texas. City agrees to furnish and to cause its contractors to furnish to
Grantor certificates evidencing such policies of insurance prior to entry on the Property and, if
requested by Grantor, to provide copies of the policies and applicable endorsements. All of said
insurance policies shall provide that they shall not be canceled or reduced in coverage until and
unless Grantor has been given thirty (30) days' prior written notice of such cancellation or
reduction, and, with respect to liability and property damage insurance, shall name Grantor as an
additional insured party.
5. Indemnification. To the extent permitted by the laws and Constitution of the State
of Texas, CITY, ON BEHALF OF ITSELF AND THE CITY PARTIES, AND THEIR
RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS, HEREBY AGREES TO PROTECT,
INDEMNIFY, DEFEND AND HOLD HARMLESS GRANTOR, GRANTOR'S PARENT
COMPANIES AND AFFILIATES, AND GRANTOR'S AND ITS PARENT COMPANIES'
AND AFFILIATE COMPANIES' OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS,
AGENTS, AND EMPLOYEES AND THEIR RESPECTIVE REPRESENTATIVES, HEIRS,
SUCCESSORS AND ASSIGNS (COLLECTIVELY, "GRANTOR PARTIES") FROM AND
AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS AND
EXPENSES (INCLUDING, BUT NOT LIMITED TO COURT COSTS, PENALTIES AND
ATTORNEYS' FEES), JUDGMENTS, LIABILITIES AND CAUSES OF ACTION OF ANY
NATURE WHATSOEVER FOR DEATH, PERSONAL INJURY OR PROPERTY DAMAGE
("LIABILITY") RESULTING FROM OR IN ANY WAY RELATING TO THE ENTRY ON
AND/OR USE OF ALL OR ANY PART OF THE PROPERTY BY CITY OR ANY CITY
PARTIES OR ARISING iN ANY MANNER OUT OF THE ACTS OR OMISSIONS OF CITY
OR ANY CITY PARTIES AND THEIR GUESTS AND INVITEES IN CONNECTION WITH
ANY USE OF THE PROPERTY. City must, at its own expense, investigate all such claims and
demands, diligently pursue their settlement or other disposition, defend all actions based thereon
using counsel satisfactory to Grantor in its sole discretion, and pay all attorneys' fees and all other
costs and expenses of any kind arising from any such Liability, to the extent permitted by the laws
and Constitution of the State of Texas and subject to Section 6 below. Notwithstanding anything
to the contrary contained in this Agreement, City's indemnification and defense obligations set
forth herein shall survive the expiration, revocation, or other termination of the Agreement.
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6. No Waiver. Notwithstanding any provision to the contrary in this Agreement,
(i) nothing in this Agreement is intended to nor shall it be construed as a waiver of any immunity
to which City or any employee of City is entitled under applicable law, and (ii) any indemnification
and hold harmless provisions set forth in this Agreement are applicable to City only to the extent
that such provisions are enforceable under applicable law, but do not expand or increase the
liability or scope ofCity's liability under applicable law. To the extent any such provisions purport
to create liability on the part of City beyond its legal authority or power to incur liability, such
provisions are invalid.
7. As -Built Flans. Within thirty (30) days after completion of the Project, City shall
deliver to Grantor as -built plans showing all improvements made in and to the Property by City
and the City Parties (the "As -Built Plans").
8. Term. This Agreement and the License shall be in full force and effect
commencing upon the full execution by the parties and shall terminate and the interests granted
herein shall revert to the Grantor, its successors and assigns, and all interest conveyed herein shall
cease on the earlier of (i) the expiration of nine (9) months from the date of first entry upon the
Property for the purposes set out herein, (ii) the date of completion of the Project and delivery of
the As -Built Plans by City to Grantor, or (iii) two (2) years after the date of recording of this
Agreement in the Official Records of Williamson County, Texas.
9. Miscellaneous.
(a) Assignment. This Agreement shall extend to and be binding upon the
successors and assigns of the respective parties hereto; provided, however, City may not assign its
rights or obligations under this Agreement without Grantor's prior written consent, which consent
may be granted or withheld in Grantor's sole and absolute discretion.
(b) No Partnership. City and Grantor are not partners or joint venturers. In no
event will any of the parties hereto be liable or responsible for any contractual, tortious, or other
liability, obligation, or debt of any other party, whether a party to this Agreement or otherwise.
(c) Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas and the applicable laws of the United States of
America.
(d) Attorney;s Fees. If City or Grantor are the prevailing party in any legal
proceeding brought under or with respect to this Agreement, such prevailing party shall be entitled
to recover all costs of such proceeding and reasonable attorneys' fees, to the extent permitted by
applicable law.
(e) Amendment. This Agreement may not be amended or modified orally, but
only by a written agreement executed by City and Grantor.
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M Severability_. If any provision of this Agreement shall for any reason be
held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not
affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal,
or unenforceable provision had never been contained herein.
(g) Counterparts. This Agreement may be executed in one or more
counterparts, and all counterparts shall, collectively, constitute one agreement.
[R).AIA1NaEN Of THIS PAGE INT NTIONALLY I LIT IS) ANI.I
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IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the
dates of the acknowledgements, to be effective the ,day of —�&C-6 , 2020.
GRANTOR:
Continental Homes of Texas, L.P.
(a Texas limited partnership)
By: CHTEX of Texas, Inc.
(a Delaware corporation)
By:
Name:
Title: we Ar.
Acknowledgement
State of Texas
County of. �l1' 11"a- fD==
This instrument was acknowledged before me on 2020,
by Esc _, the of CHTEX of Texas, Inc., a
Delaware corpor ona , as general partners of Continental Homqgfof Texas, E.P., a Texas limited
partnership, on behalf of said corporation and limited partnership. 1
Notary Public's Signature
FtOXANNA LEBRON
:em�s Notary public. State of Issas
Comm. Expires 02-03-2022
its �NoUry 10 i 2909791.5
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CITY:
City of R a
sY:
Rock, Texas
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Printed Name: kjoIly- -
.�.
Its:
Acknowledeement
State of Texas
County of Williamson
This i strument was acknowledged before me on �5� ZOZrO
by d:jk, in the capacity and for the purposes and consideration
recited herein.
pc��"..PIJ •....'V
�01 is •;
Notary Publie'Liignature
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EXHIBIT "A"
00439649 DOCK
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RECORDERS MEMORANDUM
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ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2020027752
Pages: 9 Fee: $53.00
03/18/2020 10:37 AM
r
Nancy E. Rister,County Clerk
Williamson County,Texas
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCILICITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Transportation Project Name: Gattis School Road Ph. 3 ROW
Project Mgr/Resource: Gary i•ludder Contractor/Vendor: Parker -Harris Properties, LLC
Council Action:
ORDINANCE r--J RESOLUTION
Agenda Wording
City Manager Approval
CMA Wording
Consider execution of a First Amendment to Real Estate Contract with Parker -Harris Properties, LLC for the purchase of a 0.164
acre right of way parcel required for construction of the Galtis School Road Ph. 3 roadway project (Parcel 20).
Attorney Approval
.Attorney [---L 4- Date 3 . { b . 7-9
NoteslComments
A purchase contract in the City's appraised amount of $170,305 for acquisition of 0.303 acre was approved by the council as item R.
2020-0048. However, prior to closing it was discovered that a portion of the 0.303 acre property has previously been dedicated to the
city, and that the true parcel size for this transaction should have been 0.164 acre. The surveyors revised the Feld note description to
reflect the correctlon, and the owner executed an amendment to the contract which modifies the parcel size down to 0,164 acre, and
modifies the purchase price down to $95,496.
1lscsterver2\WDOX1DATAISCClnts10199\1923-201MISC100441843.XLS Updated 613108
City of Round Rock
ROUND ROCK
,Exas Agenda Item Summary
Agenda Number:
Title: Consider execution of a Temporary Construction License Agreement with
Continental Homes of Texas, L.P. required for construction of the Logan
Street roadway facility project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 3/13/2020
Dept Director: Gary Hudder, Transportation Director
Cost:
Indexes:
Attachments: Exhibits-00441178.PDF, Agmt-00441037.PDF
Department: Transportation Department
Text of Legislative File CM-2020-069
This is an agreement due to our contractor being required to add the named property
owner/grantor as an additional insured on their policy, and we have to provide a copy of the
certificate confirming the addition. It is necessary for a slope easement supporting the road
construction.
City of Round Rock Page 1 Printed on N1212020