CM-2020-123 - 5/1/2020 ELECTRONICALLY RECORDED 2020045791
Williamson County, Texas Total Pages: 7
LICENSE AGREEMENT
A
This Agreement is made this day of 2020, by and between the CITY
OF ROUND ROCK, TEXAS a Texas home rule municipa ity, whose address is 221 East Main
Street, Round Rock, Texas 78664 (hereinafter "Licensor"), and AVERY CENTRE MASTER
ASSOCIATION, INC., whose address is 400 East Main Street, Round Rock, Texas 78664
(hereinafter the "Licensee").
Whereas,Licensor is the owner of the real property(hereinafter, "Property"),which is the
public right-of-way within Wallin Bradley Drive as depicted by in Exhibit "A," attached hereto
and incorporated herein; and
Whereas, Licensee desire to exercise certain rights and privileges upon the public right-
of-way located within the Property; and
Whereas, Licensor desires to grant Licensee certain rights and privileges upon public
rights-of-way within the Property; and
NOW, THEREFORE, it is agreed as follows:
1. License
1.1 Licensee shall have the right to enter the Property to install, maintain, and repair
landscaping and irrigation improvements in a portion of the Wallin Bradley Drive right-
of-way as depicted in Exhibit"A,"subject to all conditions recited herein.
1.2 It is understood that this Agreement creates a license only and that Licensee do not and
shall not claim at any time
e any interest or estate of any kind in the public right-of-way
located within the Property by virtue of this license.
1.3 It is further understood that before the installation of any of the current or subsequent
improvements depicted in Exhibit "A," Licensee shall present a detailed plan to the
Development Services Manager for review and approval. Approval of any plan shall be
solely within the discretion of the Development Services Manager.
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.
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.
e,N, 2 V2-0-1 2-3
00425187ss2
2020045791 Page 2 of 7
H. Consideration
2.1 In consideration for this license, Licensee shall pay Licensor $10.00 and other good and
valuable consideration.
111. Nonassigns bility
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.
V. 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,
EXCEPT FOR ACTS OF LICENSOR OR ITS OFFICERS, AGENTS OR
EMPLOYEES, THAT ARE NEGLIGENT OR OF WILLFUL MISCONDUCT OR
OF LICENSOR'S CONTRACTOR'S ACTS THAT ARE NEGLIGENT OR OF
WILLFUL MISCONDUCT.
VI. Release
6.1 Licensee assume 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 any person (whether they be third persons,
2.
2020045791 Page 3 of 7
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.
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.
I . 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:
LICENSOR: City of Round Rock
ATTN: City Manager
221 East Main Street
Round Rock, Texas 78664
LICENSEE: Avery Centre Master Association, Inc.
400 East Main Street
Round Rock, Texas 78664
IN WITNESS WHEREOF, this AGREEMENT is executed on this day of
,2020.
[Signature pages to follow.]
3.
2626645791 Page 4 of 7
LICENSEE:
Avery Centre Master Association, Inc.
By: lem'� . __S� -
Date:
ACKNOWLEDGMENT
STATE OF §
COUNTY OF U11 §
BEFORE , the unersi aed, a notaryublic in and for said county and tate, on this
day personally appeared ►t �� (Name) t
(Title) of AVERY CENTRE M SER ASSOCIATION, INC., on behalf of said
corporation, 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 of , 2020.
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2otPa `' �' Notary Pub ic, State of Texas
After executing,please return to:
Planning and Development Services
301 W. Bagdad Ave., Suite 210
Round Rock, TX 78664
4.
2020045791 Page 5 of 7
LICENSOR:
City of Round Rock, Texas
By:
LauanaLger"--
qrieadley, City P4 "
Date:
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF ILLI SON
This instrument was acknowledged before me on this lant day o 2020,
by Laurie Hadley, City Manager of the City of Round Rock, in the cap city and for e purposes
and consideration therein indicated.
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. Signature
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Printed Na&
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OF too Notary Public, State of
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5.
202004e7e1 Page eox7
Exhibit "A"
WALLIN BRADLEY DRIVE 31.5' F—F
106.0 ROW 11
Ld
Ui
Ln
106.0' ROW Ld
LLJ
ROW
LEGEND
AREA TO BE INCLUDED
WITH UCENSE AGREEMENT
REQUIRED ROW TREES AS
0 PER PUD SCALE: 1*=100'
— IRRIGATION UNES 50'
ROW-RIGHT OF WAY
F-F-FACE OF CURB
08 NO. WALLIN BRADLEY DRIVE
DAM PAPfi4MW30N
DESIGNER HS
ENGINEERS
CHECKED-DRAWN- ROUND ROCK, TEXAS pf
AUSTIN I SAN ANTONIO I HOUSTON I FORT WORTH I DALUS
LICENSE AGREEMENT
2020045791 Page 7 of 7
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2020045791
Pages- 7 Fee: $45.00
05/04/2020 04:20 PM
1 AST40f
F�
Gti,
Nancy E. Rister,County Clerk
Williamson County,Texas
Agenda Item Summary
City of Round Rock
Agenda Number:
Consider executing a License Agreement with Avery Centre Master
Association, Inc. for landscaping and irrigation improvements.
Title:
City Manager ItemType:
City Manager ApprovalGoverning Body:
5/1/2020Agenda Date:
Brad Wiseman Planning and Development Services DirectorDept Director:
$0.00Cost:
Indexes:
LIC2001-0001 Wallin - 200424 Executed DocAttachments:
Department:Planning and Development Services Department
Text of Legislative File CM-2020-123
This is a license agreement to allow landscaping and irrigation in the City right-of-way and the
agreement clarifies responsibilities of the private owner to maintain and repair the private
encroachments as needed. The Transportation director is agreeable to the license.
Page 1City of Round Rock Printed on 5/5/2020