CM-2020-239 - 9/11/2020ELECTRONICALLY RECORDED 2020108715
Williamson County, Texas Total Pages: 12
LICENSE AGREEMENT
This Agreement is made this IV. day of &ja At 2020, by and between the
CITY OF ROUND ROCK, a Texas home rule municipality, whose address is 221 East Main
Street, Round Rock, Texas 78664 (hereinafter "Licensor"), and TFCC SAUL'S RANCH, LLC,
a Texas limited liability company, whose address is 9111 Jollyville Road, Suite 111, Austin,
Texas 78759 (hereinafter, "Licensee," whether one or more).
WHEREAS, Licensor is the owner of the real property (hereinafter "Property"), which is
the public right-of-way within the streets of Soprano Way at Creek Bend Boulevard intersection
and Volente Way, as depicted in Exhibit "A," attached hereto and incorporated herein by
reference for all purposes; and
WHEREAS, Licensee has granted a Special Power of Attorney and Limited Agency
Authorization for MILESTONE COMMUNITY BUILDERS, LLC, a Texas limited liability
company, to execute and deliver in the name of and on behalf of Licensee agreements pertaining
to the development of Licensee's property as set forth and described in the attached Exhibit `B,"
incorporated herein by reference for all purposes; and
WHEREAS, Licensee desires to exercise certain rights and privileges upon public rights -
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 install and maintain landscaping and irrigation
improvements in accordance with Exhibit "A," subject to all conditions recited herein.
1.2 It is understood that this Agreement creates a license only and that Licensee does not and
shall not claim at any time any interest or estate of any kind in the public rights -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.
00453314lss2
LIC2007-0001
2020108715 Page 2 of 12
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.
VM. 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
COMPANY: TFCC Saul's Ranch, LLC
9111 Jollyville Road, Suite I I I
Austin, Texas 78759
IN WITNESS WHEREOF, this AGREEMENT is executed on this c7,f6,1 day of
(' S+ , 2020.
Ij
(Signatures on the following page.)
3.
2020108715 Page 3 of 12
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.
H. Consideration
2.1 In consideration for this license, Licensee shall pay Licensor $10.00 and other good and
valuable consideration.
M. 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 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.
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
2.
2020108715 Page 4 of 12
LICENSEE
TFCC SAUL'S RANCH, LLC,
a Texas limited liability company
By: Milestone Community Builders, LLC,
a Texas limited liability company, as Special Power
of Attorney
By: 4==7�
Title: 7Rff:)' 11) E! %S T—
Date: 'C;61 — ac)
ACKNOWLEDGMENT
STATE OF�C
COUNTY OF�� IS
This instruippnt was ackno dged before me on this . ,S day of PU6UST , 2020,
by H R'eas of Milestone Community Builders, LLC,
whose name is subscribed to the preceding instrument, and acknowledged to me that he executed
it for the purposes and consideration expressed in it.
=97aLEN
Z FIA WMN28633727iselon ExpiN 02, 2A23
4.
Signature
ex�"so
Printed Name
Notary Public, State of -S
2020108715 Page 5 of 12
LICENSOR
CITY OF ROUND ROCK, TEXAS
By: / V /-
'Ovk ,City Manager
6'
Date: Ct 1 1 (-D
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this -H— day of Ae4 � , 2020,
by , `City Manager of the City of Round Rock, in the capacity and for the purposes
nd consideration tRerein indicated.
\`,`1111111UE lllll����
�Qr11Q Y E AQ
. s
S '� FOFlt,
5.
Signature V
MW ,e:
Printed Name
Notary Public, State of
2020108715 Page 6 of 12
T Exhibit "A" 0 10' 20' ao' n
MATCHLINE•. SEE EXHIBIT 1 � SCALE: 1 ° = 20'
AREAQF
INTEREST kr
• 1 I � 14 ' + � ��
('} SEE LANDSCAPE
PLANS FOR DETAIL I ►fi+, `
c� 1,
5.5y i
3ar3
i[as"• / /
U)
- / I � w w i-•
LIJ
i.' ¢ � u�
_ cn
— — /
1)7 I i F
I
CRE€K BEND BLVD \ 4' SIDEWALK
.
ryd 90T0:9 D 1 :P-R°Id l JJ MKl W XW04r3 lu wutatl twuw wwofl ghIIW7R5-00 °Q9a+oHWQ'40 L-4d�1'f M Y9G �W°I
°+
2020108715 Page 7 of 12
Exhibit "A"
�0 10' 20'
n
u
j
SCALE 1" = 20'
AREA OF
'I
INTEREST
(
('} SEE LANDSCAPE
I
PLANS FOR DETAIL 2
1
3 )
1
/
1
/
�
1
�
�
1
LLI
1
z
LLJ
11
1
f
U
N �
I
SUBDIVISION 1
U)
N
ca
C
�
I
I
WALL
I
C
m
y w
0. ce
x
I
I
a
it
w
?Ud
/ 'tt_ wLLI
/
l
z
U
/R.O.W.
1 /
11d 11t0�9 O101 B L PRi°Id l 118MKa M
+�P'41914'9 �wwu mua� �uaw
o"vo� �epruq��p og9w�Nl L-4dy
4 ��W
tl9 R�
Dltl
2020108715 Page 8 of 12
0
SEE LANDSCAPE
5 PLANS FOR DETAIL
AREA OF
INTEREST
Exhibit
MATCHLINE SEE EXHIBIT
"A"
5
!4
20' 0 10,
SCALE: 1" = 2(Y
40'
n
ei
gig
3-
Lij
ul
S 6DIVISION
p
z
ul
WALL
SUBDIVISION WALL
04
rri
Y
.55
—j
N
uj Lu
W M
fi
R.O.W.
71
R.O.W.
< UJ
W
Lu
to
z (9
z
0
14.6"
14.45
iq
R.O.W.
R.O.W.
3R
54 LF OF (1) 4' CLASS 200
(1) 2- CLASS 200
IRRIGATION SLEEVES
4'SIDEWALK
CREEK BEND BLVD
4'SIDEWALK
IN WCO!9 0Z0?/eat !NqPld
C JJBIHX3 WA9
BAP'911TM
lu4uAlJ5Y v-u#M\luvu"-W
2020108715 Page 9 of 12
��—
!'II1,'I1I _.
�+ V
Q
1
1 ('}SEELANDSCAPE\
1 PLANS FOR DETAIL
i \
AREA OF Exhibit "A"
INTEREST
'I 4'SIDEWAL�\ \\\ \ `��
\ \ OVERTURE _��.ACE
\
vS-qS
\ � 1
1 �
1 1 \
x� m:►tie n _ _ oa i menu
n
d4 F 10' 20' �49
i!
SCALE: 1" = 20' �
all
\ \\\ \\ }\ \\ \ 11 11 I 1 I 1 w w
a =
z 0
IIE\ \\
�r, •u rmnwon urw" ".unn nmw"w nu wm,nuan "wanu i—u m aiac "u01Gq W ^vi fO
2020108715 Page 10 of 12
AREA OF
pn
Exhibit "A"
0 10' 20' 49
INTEREST
SEE LANDSCAPE
SCALE: 1" = 20'
PLANS FOR DETAIL
SIDEWALK
ROM,
5.
5
co OVERTURE PLACE
Lu
2LFOF( 200
IRRIGATION SLEEVE
w
4'SIDEw WALK m w
t w
w
W
4'SIDEWALK
R.O.W. 1 R.o.W.
m
2020108715 Page 11 of 12
A"RD
AREA OF
INTEREST
'•�'� ('Y SEE LANDSCAPE
` PLANS FOR DETAIL
R.O.W. ou
n
Exhibit "A"
IV 0 10' 20' 40'
J �!
SCALE: 1a=20'
I + I 4' SIDEWALK
1A
V
\ 5.5
\ _ OVERTURE PLACE
\ —IN—\
a \ \
1
.
I
••+r
1 1
` 1 I
MATCHLINE:
SEE EXHIBIT i
w� i✓.�n:o nm� a> > :Danou D LeINI[3 :3ro wD'WIGlYK3 3uawDv Daw gwuw anrva epp�wgn 00 a►WaDMKrso L-ga-Yo D}�B
w
U)
Z
w
J
N
Q W coaw Xx�(
�¢ W
ix
P%
2020108715 Page 12 of 12
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2020108715
Pages: 12 Fee: $61.00
09/11/2020 02:38 PM
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
IROEXAUNS ROCK Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement with TFCC Saul's Ranch, Inc. for
landscaping and irrigation improvements for the Sauls Ranch (Hairy Man
Phase 2) Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/11/2020
Dept Director: Brad Wiseman Planning and Development Services Director
cost: $0.00
Indexes:
Attachments: LIC2007-0001 IRR Hairy Man Ph 2 - 200827 Executed Doc
Department: Planninq and Development Services Department
Text of Legislative File CM-2020-239
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.
City of Round Rock Page 1 of 1