CM-2020-145 - 6/10/2020ELECTRONICALLY RECORDED 2020061111
Williamson County, Texas Total Pages: 7
LICENSE AGREEMENT
This Agreement is made this 22 day of V�, 2019, by and between the
CITY OF ROUND ROCK, TEXAS a Texas home rule m nicipality, whose address is 221
East Main Street, Round Rock, Texas 78664 (hereinafter "Licensor"), and HIGHLANDS AT
MAYFIELD RANCH MASTER COMMUNITY, INC., a Texas corporation, whose address
is 1101 North Lamar Boulevard, Austin, Texas 78703 (hereinafter the "Licensee").
Whereas, Licensor is the owner of the real property (hereinafter, "Property"), which is
the public right-of-way within East New Hope Drive as depicted by the shaded area of 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:
I. License
1.1 Licensee shall have the right to enter the Property to install, maintain, and repair
signage, lighting, landscaping, and irrigation improvements in a portion of the East
New Hope 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 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.
6M,2 0-22
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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. Term
4.1 The initial term of this Agreement is ten (10) years (the "Initial Term"). After the
Initial Term, 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
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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, 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. Licensor
will not be responsible for any damage to Licensee's improvements located within the
property caused by Licensor's installation or maintenance of any public improvements.
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: Highlands at Mayfield Ranch Master Community, Inc.
1101 North Lamar Boulevard
Austin, Texas 78703
IN WITNESS WHEREOF, this AGREEMENT is executed on this 2 day of
7Z-tjin , 2019.
[Signature pages to follow.]
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00425187ss2
2020061111 Page 4 of 7
LICENSEE:
Highlands at Mayfield Ranch Master Community, Inc.
By:
Date:_
Any Lqo(? PLIn ie
ACKNOWLEDGMENT
STATE OF
COUNTY OF V9 5
BEFORE ME, the u dersigned, a notary public in and for said county and state, on this
day personally appeared (Name), ffcs-„(rot (Title)
of HIGHLANDS AT MAYFIE D RA CH MASTER COMMUNITY, INC., a Texas
corporation, 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 A� day of 2019.
si�`�pr �`°•`.�:. KAREN RLER
-" }=
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My Notary ID 5•,'�+
Expires Ma
Notary Public, State of Texas
After executing, please return to:
Development Services Office
301 W. Bagdad Ave., Suite 210
Round Rock, TX 78664
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2020061111 Page 5 of 7
LICENSOR:
City of Iand Rock, Texas
By: Aal C?J - jj, '//z"
Laurie Hadley, Ci6 kanager
Date: /O — 69" 3- b
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
is instrument was acknowledged before me on this / /4k ay of
by Laurie Hadley, City Manager of the City of Round Rock, in
the caps ity and for the purposes and consideration her in indicated.
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2020061111 Page 6 of 7
EXHIBIT "A"
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Exhibit "A" —Page I of I
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RECORDERS MEMORANDUM
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2020061111 Page 7 of 7
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2020061111
Pages:7 Fee: $45.00
06/10/2020 02.47 PM
Nancy E. Rister,County Clerk
Williamson County,Texas
1,
City of Round Rock
i ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement with Highlands at Mayfield Ranch
Master Community, Inc. for signage, lighting, landscaping and irrigation
improvements.
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: LIC1902-0001 Highlands at Mayfield Sign - 190814 Executed agreement
Department: Planninq and Development Services Department
Text of Legislative File CM-2020-145
This is a license agreement to allow a subdivision sign in the median of New Hope Dr. The
agreement clarifies that maintenance responsibility lies with the owner and not with the City.
Additionally, this road was transferred from Williamson County to the City and this agreement
honors the 10-yr term that the developer had with the County in a development agreement.
City of Round Rock Page 1 Printed on 611/2020