CM-2020-218 - 8/28/2020ELECTRONICALLY RECORDED 2020104284
Williamson County, Texas Total Pages: 11
LICENSE AGREEMENT
Bement hereinafter "Agreement") is made this��ayf
Thrs License Agr ( g )
PAS 2020, by and between the CITY OF ROUND ROCK, TEXAS, a Texas home
rule municipality, 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 "Licensee").
WHEREAS, Licensor is the owner of real property (hereinafter, the "Property"), which is
the public right-of-way College Park Drive in Round Rock, Williamson County, Texas; and
WHEREAS, Licensee desires to exercise certain rights and privileges within the Property,
in accordance with Exhibit "A," incorporated herein by reference for all purposes; and
WHEREAS, Licensor desires to grant Licensee certain rights and privileges within the
Property; and
NOW, THEREFORE, it is agreed as follows:
I. License
1.1 Licensor shall allow the Licensee to enter the property to install and maintain landscaping,
irrigation and streetlights within the Property, in accordance with Exhibit "A," subject to
the following terms and conditions recited herein.
1.2 It is understood that this Agreement creates a license only and that Licensee does not
possess and shall not claim at any time any interest or estate of any hind in the Property by
virtue of this license.
1.3 It is further understood that before the installation of any of the current of 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 in
the sole 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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2020104284 Page 2 of 11
II. Consideration
2.1 In consideration for this license, Licensee shall pay Licensor $10.00 and other good and
valuable consideration.
111. 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 tenninate 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 SIIALL 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 REAL OR
PERSONAL 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 WILLFULL MISCONDUCT OR OF LICENSOR'S
CONTRACTOR'S ACTS TIIAT ARE NEGLIGENT OR OF WILLFUL MISCONDUCT.
VI. Release
6.1 Licensee assumes 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 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
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2020104284 Page 3 of 11
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.
VITT. 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:
CITY: 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, the effective date of this AGREEMENT is the date of final
acknowledgement below.
(Signatures crud Acknowledgements on the following page.)
0
2020104284 Page 4 of 11
LICENSEE
Avery Centre Master Association, Inc.
By:
Date:
ACKNOWLEDGMENT
STATE OF I EXAJ
COUNTY OF—7;kytit)
BEFORE ME, the undersi ned, a notary public in and for said county and state, on this day
personally appeared (Name), (Title)
of Avery Centre Master 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
. • ... MARY HELEN TELLO
My Notary ID # 126626500
Expires August K 2020
'• F OF 1
4.
4Nay of V V4 2020.
Signature
Printed Nawk
Notary Public, State of XA5
2020104284 Page 5 of 11
LICENSOR
City of Round Rock, Texas
By: f.
Laurie Hadley, City Manager It
Date:
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this J day of , ' v", 2020,
by Laurie Hadley, City Manager of the City of Round Rock, in the capacity and f4 the purposes
and consideration therein indicated.
F
-Signature
Printed Name
Notary Public, State of r
S.
2020104284 Page 6 of 11- --
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2020104284 Page 11 of 11
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2020104284
Pages: 11 Fee: $61.00
09/02/2020 09.39 AM
1 AST40f
F�
Gti,
Nancy E. Rister,County Clerk
Williamson County,Texas