CM-2020-345 - 12/11/2020ELECTRONICALLY RECORDED 2020159947
Williamson County, Texas Total Pages: 9
LICENSE AGREEMENT
0— This Agreement is made this day of _member 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 KR ACQUISITIONS, LLC, a
Delaware limited liability company, whose address is 1350 Kalahari Drive, Wisconsin Dells,
Wisconsin 53965 (hereinafter, "Licensee").
WHEREAS, Licensor is the owner of the real property (hereinafter "Property"), which
is: (i) the Kalahari Boulevard and Harrell Parkway public rights -of -way; and (ii) the City -owned
Convention Center, as depicted in Exhibit "A," attached hereto and 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 within the Kalahari Boulevard and
Harrell Parkway public rights -of -way, irrigation improvements and items ancillary to
street lighting, including, but not limited to, banners, flags and signage, in strict
accordance with Exhibit "A," subject to all conditions recited herein.
1.2 Licensee shall have the right to install and maintain on the City -owned Convention
Center property, landscaping and irrigation improvements, street lighting, signage, resort
monumentation, and access drives, in strict accordance with Exhibit "A," subject to all
conditions recited herein.
1.3 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 or
Convention Center located within the Property by virtue of this license.
1.4 It is further understood that the privileges granted in this Agreement do not include the
right to encroach into any of the City's current or future easements.
1.5 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.
061
00459880ss2
LIC20IM001 (Kalahari)
2020159947 Page 2 of 9
1.6 It is further understood that Licensee must comply with all other requirements of the
Code of Ordinances of the City of Round Rock, Texas.
1.7 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.
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 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.
V1. 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
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2020159947 Page 3 of 9
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:
CITY: City of Round Rock
ATTN: City Manager
221 East Main Street
Round Rock, Texas 78664
COMPANY: KR Acquisitions, LLC
1305 Kalahari Drive
Wisconsin Dells, Wisconsin 53965
IN WITNESS WHEREOF, this AGREEMENT is executed on this 24 day of
November . 2020.
(Signatures on the following page.)
3.
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LICENSEE
KR ACQUISITIONS, LLC,
a Delawarelimited liability company
By: /0" W. 4'0'.24�J
Title: Construction Manager
Date: November 24, 2020
ACKNOWLEDGMENT
STATE OF Wisconsin
COUNTY OF Sauk
This instrument was acknowledged before me on this 24th day of November , 2020,
by Dale H. Hensen , as Construction Manager of KR Acquisitions, 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.
��eH GUNp�G�
NOTARY
* PUBLIC * Signature
9 •� Ralph Gundrum
�Fy�l` Printed Name
Notary Public, State of Wisconsin
4
2020159947 Page 5 of 9
LICENSOR
CITY OF ROUND ROCK, TEXAS
J / ; ity Manager ,..
Date:
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this t t — day of , 2020,
by , City Manager of the City of Round Rock, in the capacity and for the purposes
and consideration t
indicated.
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Signature
9% 1-,1N
Printed Name
Notary Public, State of w
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2020159947 Page 6 of 9
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City of Round Rock
ROUND ROCK
TES Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement with KR Acquisitions, LLC for irrigation
improvements and items ancillary to street lighting for the Kalahari Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 12/11/2020
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: LIC2010-0001 Landscape Kalahari - 201120 Legal Doc
Department: Planning and Development Services Department
Text of Legislative File CM-2020-345
This is an agreement that allows for placement of private landscaping, irrigation and accessory
infrastructure in City -owned right-of-way (Kalahari Blvd) and on City owned property (convention center)
adjacent to the Kalahari Resort. This agreement assigns maintenance responsibility for this infrastructure
to Kalahari Resorts.
City of Round Rock Page 1 of 1
2020159947 Page 9 of 9
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2020159947
Pages:9 Fee: $57.00
12/16/2020 10.-08 AM
A
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Nancy E. Rister,County Clerk
Williamson County,Texas