CM-2021-019 - 1/22/2021ELECTRONICALLY RECORDED 2021011834
Williamson County, Texas Total Pages; 7
LICENSE AGREEMENT
This Agreement is made this 36day of T%rur.4v , 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 PRESERVE AT DYER
CREEK HOMEOWNER'S ASSOCIATION, whose mailing address is Attn:
Ascension Property Management, LLC, PO box 6527, Round Rock, Texas 7868
(hereinafter the "Licensee").
Whereas, Licensor is the owner of the real property (hereinafter, "Property") in the City
of Round Rock, Texas, which is public rights -of -ways, specifically Rusk Road, and Moebre
Lane as depicted by in Exhibit "A," attached hereto and incorporated herein; and
Whereas, Licensee desire to exercise certain rights and privileges upon the public rights -
of -ways located within the Property; and
Whereas, Licensor desires to grant Licensee certain rights and privileges upon public
rights -of -ways 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
landscaping and irrigation improvements 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.
11VI-262�-cr
004525611ss2
LIC1710-0002 Preserve at Dyees Creek HOA
2021011834 Page 2 of 7
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,
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 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,
2,
2021011834 Page 3 of 7
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.
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: Preserve at Dyer's Creek Homeowner's Association
Attn: Ascension Property Management, LLC
PO Box 6527
Round Rock 78683
IN WITNESS WHEREOF, this AGREEMENT is executed on this 3 day of
t eccrv�ber ,2020.
[Signature pages to follow.]
Ki
2021011834 Page 4 of T
LICENSEE:
Preserve at Dyer Creek Homeowner's Association
f.�
By: %�itvRS Gti/i4C
Date: /2 / 3 0 /2-0 2O
ACKNOWLEDGMENT
STATE OF Te xn5 _ §
COUNTY OF W. ! I u r�Sa� ^ §
BEFORE ME, the undersigned, a notary public in and for said county and state, on this
day personally appeared Tr4 v t s I k�( (Name), FAA k ? re s i den i
(Title) of PRESERVE AT DYER'S CREEK HOMEOWNER'S ASSOCIATION, 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 3 d day of lDeceM be r , 2020.
—Ana �'iar<<clq a►Y,gS
ic, State of Texas
ANA MAAICELA AAMOS
i
Notary Public Stew of Texas
Urflm lxplrsx 08-07.2024
%'FOFi`i" Nattrry 1D 23
After executing, please return to:
Planning and Development Services
301 W. Bagdad Ave., Suite 210
Round Rock, TX 78664 .
4.
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LICENSOR:
City of Round Rock, Texas
By:etc IL c
Laurie Hadley, City Man er '
Date: 1 - _
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this 2� - day of t"v am,
by Laurie Hadley, City Manager of the City of Round Rock, in the capacity and for the burposes
and consideration therein indicated.
J A
\\``�A\O. �EAoq��� Signature
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IN
iC Printed Name
•' , ri4A O F j�`�,'S .: • ` Notary Public, State of
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ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2021011834
Pages: 7 Fee: $41.00
01 /25/2021 02:44 PM
Nancy E. Rister,County Clerk
Williamson County,Texas
IROUND ROCK
EXAS
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement with Preserve at Dyer Creek
Homeowner's Association for landscaping and irrigation improvements for the
Preserve at Dyer Creek Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 1/22/2021
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: LIC1710-0002 IRR Preserve at Dyer - 210104 Executed Doc
Department: Planning and Development Services Department
Text of Legislative File CM-2021-019
This is an agreement that allows for placement of private landscaping and irrigation in City -owned
rights -of -way. This agreement assigns maintenance responsibility for this infrastructure to the Preserve At
Dyer Creek HCA.
City of Round Rock Page 1 of 1