CM-2020-144 - 5/29/2020ELECTRONICALLY RECORDED 2020058159
Williamson County, Texas Total Pages: 7
LICENSE AGREEMENT
CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
This Agreement is made thi day of , 2020, by and between the CITY
OF ROUND ROCK, TEXAS a Texas home rule munici lity, whose address is 221 East Main
Street, Round Rock, Texas 78664 (hereinafter "Licensor"), and WALTER H. KRUEGER,
whose address is 908 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 College Street in Round Rock Texas, Williamson County, as depicted by in
Exhibit "A," attached hereto and incorporated herein; and
Whereas, Licensee is the owner of property at 908 East Main Street adjacent to
Licensor's Property and desires to exercise certain rights and privileges 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:
I. License
1.1 Licensee shall have the right to enter the Property and place on the Property a landscape
rock within five (5) feet off the Licensee's side yard fence as depicted in Exhibit "A,"
subject to all conditions recited herein. If the landscape rock is at any time not within
five (5) feet of the Licensee's side yard fence, this Agreement shall be considered
breached.
1.2 It is understood that this Agreement creates a license only and that Licensee do 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.
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.
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00443200/ss2
LAGR2003-0002 lzzo Alley
2020068159 Page 2 of 7
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 ATTORNEYS
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.
2020058159 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.
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:
LICENSOR: City of Round Rock
ATTN: City Manager
221 East Main Street
Round Rock, Texas 78664
LICENSEE: Walter H. Krueger
908 East Main Street
Round Rock, Texas 78664
IN WITNESS WHEREOF, this AGREEMENT is executed on this 1� day of
2020.
[Signature pages to follow.]
3.
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LICENSEE:
Walter H. Krueger
Date: 5 V f � - D-O
ACKNOWLEDGMENT
STATE OF —T f� §
COUNTY OF 11U (,l"C.trykSM§
This instrument was acknowledged before me on this y day of
L� Y�consration
,
2020, by Walter H. Krueger, individually, in the capacity and for the purposes an
therein indicated.
Given my hand and seal of office on this the day of , 2020.
-�L- q-uc, '-) �All ZLWU11L0
Notary blic, State of Texas
w;AM, : VIRGINIMORENO
GV e •' MY Notary ID 0 5385M
UpIres January11, 2024
After executing, please return to:
Planning and Development Services
301 W. Bagdad Ave., Suite 210
Round Rock, TX 78664
4.
2020058159 Page 5 of 7
LICENSOR:
City of Round Rock, Texas
s AAw4,4y.L
Laurie Hadley, City Manager
Date: �C' 2 oz%
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this ; - ay of , 2020,
by Laurie Hadley, City Manager of the City of Round Rock, in the capacity and for t e purposes
and consideration therein indicated.
C�
Signature
j4L
-v�ll4 Printed Nam
Notary Public, State of f
5.
0
2020058159 Page 6 of 7
Exhibit "A"
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RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation
2020058159 Page 7 of 7
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2020058159
Pages: 7 Fee: $45.00
06/03/2020 02:58 PM
11
(M),
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement with Walter H. Krueger for
placement of landscape rock within a public right-of-way.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/29/2020
Dept Director: Brad Wiseman, Planning and Development Services Director
Cost: $0.00
Indexes:
Attachments: LAGR2003-0002 LA Izzo Alley - 200518 Applicant Executed Agreement
Department: Planning and Development Services Department
Text of Legislative File CM-2020-144
This is an agreement for the owner of the residence to keep a 5' strip of landscape gravel in the
right-of-way along his fence. The agreement clarifies that maintenance responsibilities lie with
the owner.
City of Round Rock Page 1 Printed on 61112020