Loading...
CM-2021-007 - 1/8/2021ELECTRONICALLY RECORDED 2021004949 Williamson County, Texas Total Pages; 14 LICENSE AGREEMENT Q� 2 This Agreement is made this ` day of 20, by and between the CITY OF ROUND ROCK, a Texas home rule munic aality, whose address is 221 East Main Street, Round Rock, Texas 78664 (hereinafter "Licensor"), and TAYLOR MORRISON OF TEXAS, INC., a Texas corporation, whose address is 810 Hesters Crossing, Suite 235, Round Rock, Texas 78681 (hereinafter "Licensee"). WHEREAS, Licensor is the owner of the real property (hereinafter "Property"), which is the public rights -of -way identified as Caruso Lane, Pietra Lane, and Varano Bend, 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 landscaping improvements, irrigation improvements, and streetlighting 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. 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. 00461474/ss2 LIC2010-0002 2021004949 Page 2 of 14 H. 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. 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 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. 2. 2021004949 Page 3 of 14 VI1. 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: Taylor Morrison of Texas, Inc. 810 Hester Crossing, Suite 235 Round Rock, Texas 78681 !� IN WIT�ESS WHEREOF, this AGREEMENT is executed on this � s day of 1 ec2o. bey , 2020. (Signatures and Acknowledgements on the following page.) 3. 2021004949 Page 4 of 14 LICENSEE TAYLOR MORRISON OF TEXAS, INC., a Texas corporation By: Name: I " lo, Pr" Title: T►,E -J �, 17-e—Lo-- Date: ( �2--) S �02-6 ACKNOWLEDGMENT THE STATE OF�,� § COUNTY OF This instrument was acknowledged before me on this the I5-�— day of the month of, ccta4, 2020, by M; Ja , Mj,y ,.r7 (Name), (Title), of TAYLOR MORRISON OF TEXAS, INC., a 7fdas corporation, known by me to be a person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of and on behalf of said entity and in the capacity and for the purposes and consideration therein expressed. Signature y C"'f—� 1 err.._ Printed Name Notary Public, State of G �• �� DIANE M DURAN r Notary ID 9132015237 My Commission Expires May 15, 2023 4. 2021004949 Page 5 of 14 LICENSOR CITY OF ROUND ROCK, TEXAS By: tx-1S Date ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this day �f---� 4 2020, by Laura a , ity Manager of the City of Round Rock, in the capacity ay for the Arposes and consideration! t�her 'n indicated. I Signature N\QUE A�q����i�� Printed Name Notary Public, State of Z�2" 8� s ml �Cl Az� dd 5. 2021004949 Page 6 of 14 8 30 Z 133HS 33S-3NI-IHOIVV4 / (A Q N / p / N M � S N / ♦ Ln V- 0 ¢o M3N 0 i Rl®� ol X !i< w O� a A U N >I 1� w 2 F- w Y w U O< �Q w Z z D w O U T- J 2021004949 Page 7 of 14 9 30 £ 133H5 335 —3Nf1H3iVW Z s' s■�—:� a■ o■mac:-;-�a�- O I N o t` in o i I � t in to m I0 a �� Li w o i in I U ¢ ID , c ELEn EL 0 Y IZ!-' CL m eI aNm VNVSIb I I m 1t[n I � N 10 OJ ¢N I W MN U O �LL I d O ro Y. d 1 m 5 I pkt15 Am'u61M oon ., tl�laffG[�it!•uiaAf trot ame VNVSIa 'UR VONVHM Q�W w I _ Q N_ U (r z w Q w z D w 00 cr- :3 2021004949 Page 8 of 14 0 x W Svc CL � �y QLi � Za W eL" O - O a i a °o o� C� 186 e � bra ti x w ry w 30tl1d dNVOID 0 Q U O N W a 'do= ' z Z d o oY W O U IAJ $ W < m -� < I = VI a a 1' I aa' M o F-F ~o $ o I o.w O I Q a w i in Iz I I � o _ I.T I . a _m :a fr M 9 A Z 133HS 33S -Mn im i �I 00 O cM ff z ewuw3 v.+o - gwwnoo\wurM od-RAtmrWmAlq- V -u �I404V a Am w;G 91 w -pQ 2021004949 Page 9 of 14 1- 4- X W 8 �O S 133HS 33S-3NIlHOiVh Q vwc.) _ LnQm ■ Z En ' w7M { e; Q I "_ O a< O o r— � UQ � wv;� Uz O (1 AL m oft— M: W r� = o to 3 o °° Q a rn v \ m yE 3�`daN31.00NVIB GO m N M yy © �o x w m LU 2 (Dip ai _r Q i— W W o /o U LO CC N < U o Q AV' 0 Q LO m N N cc LLI E " O a a Z G N � W O U En cr 2 U3 N IL .4- ` o b `Q O �. N m 9 O tn N FF wm 3 O O j/ O z 0 1 Q N d O J O U N U N N � b C I! Vi s o O m Q o al Cr 2021004949 Page 10 of 14 00 x w 9 30 9 133HS 33S—3NnHoivvi 0 .'-"?^3 2-7-390 n a CL — C,`� p Q ! M� W � m cc 00 O I) M�1 0 a E 00�_ Uz — w � (1N3$ OWNVA V) W g a w x W wcn IL R. =� V) LLJ Q o z / Q00 1= <C4 ` N Q M 5 y m , m r _ ;� t 0 n O O_ II a b w J Q E U N 8� N 9 30 -V 133HS MS—3NIIH3iVN U) F- Z w i Q F- w w <C U i N_ Q w� > z Z o 00 sEs � J 4 N �00 � o � .1 LO o 6w ili Wa au 2021004949 Page 11 of 14 f� x W 0 0 o 0 � u . o w J Q U N S AO L 133HS 33S—3NIlHOiVVi O or ....... Q z LW U � 31 Q U (� �I N � -�_ � i W =) W 1 W CO cn ° `C) a m --� f Q 0 �o a N N S ; e 133Ns 335� - =- - 3NIlHO.ibw e - DMWrwMMW&&V wMornvWMv W:\"WWud wnv-4 3I .o so $ o W LU LU mp rn 1d1A1W'yp�=amfaynM au O Cl YO -we 2021004949 Page 12 of 14 :c x w 133HS SIHl 33S-3NIIHO1t/VY a. r Q I O W LJ a_ cai z o nQ X `c► a cm0 0 • Z V, Y ZOO N � aa m ¢ N } Q �-' 3Awa O tJ.t N U N 5 U� o0 133HS SIHl 33S-3NI-lHOiVri 8 1 O O =II b ' Q U N g �1 IN Sil1I, R7-Td0J ilj ZJ(-< � w N m M¢ .4-O=.N Q N ¢ N m m to � N _cc oas am a U N N 0 ' 5 � J Ow M 1 _ Q Z X W IW— W Y W U � O O 0 Q Cc W Z Z O _U � J h w00 0 N Y 1 o O O O cl (33 z El UVIRWI t••ro - tna�cYwrl�l + �rT,t t7V�u\e�°d �M•wwcod�mawoaa W�V� tal1R1►c�w0��f.Ma1 +p4/ti9' a /UI �OGa 80C St UO a•I 2021004949 Paae 13 of 14 rim � a,n. � � Wn+ raveu� c m.,t�meam�a.wn Ro�,.�rn�twwanvnn» �o..n.n�ce�.moa - oaa omu..a.o � /yam yr � n o EE�5p�a zi co u �� M ATCHNE` i, g >3 � C N r m O y 1 0 D r m � $ O m O N f O O � E v X r 5 N M> w L4S s c �D 0 m c0 9 m -a o ED > O " m Lnrn ci % m m DGo z > V, NJ r 0 m W Z D O 00 x CD MATCHLINE SEE THIS SHEET n a► D C" n x Uu O oo -=Cm= . ^ aa=M In Owza 9 OO j_ d m S ► n o ND ca O D ke n J rni r O D D cWai u,(A 8 Q'm �m v � O En 0 g Q o e . 5 N N N D O { G N> • �1 jOD Q g i a? moo' U_ _ h� D LAm NJ mm v �a W �- ae 11Rto —3NnH01dW 133HS S Hl 33S O J, zo m! 5 RI n Z ~�•,l,rjrx'�1 m x cr R- ie 2021004949 Page 14 of 14 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2021004949 Pages: 14 Fee: $69.00 01 /11 /2021 03:59 PM �j.iC Oy; I15\� � •I Nancy E. Rister,County Clerk Williamson County,Texas i ROUND ROCK TEXAS City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing a License Agreement with Taylor Morrison of Texas, Inc. for landscaping improvements, irrigation improvements, and streetlighting for the Vizcaya Phase 6B and 7D Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 1/8/2021 Dept Director: Brad Wiseman, Director of Planning and Development Services Cost: $0.00 Indexes: Attachments: LIC2010-0002 LA Vizcaya Phase 6B & 7D - 201218 Executed Doc Department: Planning and Development Services Department Text of Legislative File CM-2021-007 This is an agreement that allows for placement of private landscaping, irrigation and streetlight infrastructure in City -owned rights -of -way (Caruso Lane, Varano Bend, Pietra Lane) in the Vizcaya subdivision. This agreement assigns maintenance responsibility for this infrastructure to the developer of the subdivision, Taylor Morrison. City of Round Rock Page 1 of 1