CM-2021-137 - 5/14/2021ELECTRONICALLY RECORDED 2021072507
Williamson County, Texas Total Pages: 15
LICENSE AGREEMENT
This Agreement is made this day of 1� Ui!— 2021, 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 CND-CHISHOLM, LLC, a
Texas limited liability company, whose current address is I l l l N Post Oak Road, Houston,
Texas 77055 (hereinafter, "Licensee").
WHEREAS, Licensor is the owner of the real property (hereinafter "Property"), which is
public right-of-way dedicated to the Licensor located along Chisholm Trail, Lots 1 and 2,
Williamson County, Texas; 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 along the public right-of-way frontage from the northeast corner of Lots 1
and 2, Block A to the southeast comer of Lots 1 and 2, Block A, in strict 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 the privileges granted in this Agreement do not include the
right to encroach into any of the City's current or future easements.
1.4 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.
1.5 It is further understood that Licensee must comply with all other requirements of the
Code of Ordinances of the City of Round Rock, Texas.
1.6 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.
004697841ss2
LIC2012-0002 (CND -Chisholm, LLC)
eh+ Z.O2—i'-/3-7
2021072607 Page 2 of 15
11. 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
] 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. l 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
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.
2021072507 Page 3 of 15
VIL 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
R. I 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: CND -Chisholm, LLC
l I I I N Post Oak Road
Houston, Texas 77055
IN WI l' E S Wl iE -OF, this AGREEMENT is executed on this day of
�`
2021.
(Signatures on the following page.)
I
2021072507 Page 4 of 15
iI)[$]AalAI
CND-CHIS)40LM,
a Texas lirditdd liabil
ACKNOWLEDGMENT
STATEOF 5
COUNTY OFR prV L 5
This instrucr�ent was acknowledged before me on this Q#� day of Anil , 2021,
by �itin as �REFk�SidVK�of CND -Chisholm, 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.
11METH MARIE ROC*r
MY 1+ DWY ID ax 11323677
=:•,.... .� t xFtras Aupuat 10, 2022
Signature
e7,z"eg 6- -?-oCkC#
Printed Name
Notary Public, State of
2021072507 Page 5 of 15
LICENSOR
CITY OF ROUND ROCK, TEXAS
N
By: _
' ity Manger
Date:
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF W ILLIAMSON
This instrument was acknowledged before me on this. � day of rt, , 2Q21,
by Lary, City Manager of the City of Round Rock, in the capacity and for the purposes
and consideration th in indicate
�`j111111t11111l1j/ff Signature
`%Q O QUE A� Sri, a �/�
•......� 4,Y S
�* ri = Printed Name
its
s ,n y = Notary Public, State of
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2021072607 page 6 of 15
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2021072507 Page 15 of 15
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2021072507
Pages; 15 Fee, $77.00
05/1412021 03-59 PM
`1
0
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
RouN1 Roar
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement with CND -Chisholm, LLC for landscaping
and irrigation improvements with public right-of-way.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/14/2021
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: LIC2012-0002 3000 Chisholm Trail - 210422 Executed Doc
Department: Planning and Development Services Department
Text of Legislative File CM-2021-137
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