CM-2021-158 - 5/28/2021ELECTRONICALLY RECORDED 2021080034
Williamson County, Texas Total Pages: S
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This Agreement is made this Oiay of 2021, 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 ROUND ROCK RANCH,
PHASE ONE HOMEOWNER'S ASSOCIATION, INC., whose mailing address is Attn:
Spectrum Association Management, 4411 S. 1H 35, Suite 105, Georgetown, Texas 78626
(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 Round Rock Ranch
Boulevard, Gattis School Road, Apache Trial, Sundrop Place, Valerian Trail, Double Creek
Drive, and Sweetgum 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:
1. 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.
LIC21024M2 RR Ranch Phase One Hon
2021080034 Page 2 of B
IL Consideration
2.1 In consideration for this license, Licensee shall pay Licensor $10.00 and other good and
valuable consideration.
11I. 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 parry 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.
2021080034 Page 3 of 8
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
& 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:
LICENSOR: City of Round Rock
ATTN. City Manager
221 East Main Street
Round Rock, Texas 78664
LICENSEE: Round Rock Ranch, Phase One Home Owner's
Association, Inc.
Attn: Spectrum Association Management
4411 S. ICI 35
Suite 105
Georgetown, Texas 78626
WITNESS WHEREOF, this AGREEMENT is executed on this
0)3r`I day of
i , 2021.
[Signature pages to follow ]
2021080034 Page 4 of 8
LICENSEE:
Round Rock Ranch, Phase One Home Owner's Association, Inc.
By t V ua r1
Title: Board President
Date: a
ACKNOWLEDGMENT
STATE OF Texas §
COUNTY OF Williamson §
BEFORE ME, the and rsigned, a notary public in and for said coup and state on this
day personally appeared (Name), PreTitle)
of ROUND ROCK RANCH, PHASE ONE HOMEOWNER'S ASSOCIATION, INC., 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 Zza day of 3kf j 1 2021.
PAUL CANO
_ Notary ID N128238584
�+ +; My Commission Expires N Public, a of Texas
May 3. 2022
After executing, please return to:
Planning and Development Services
301 W. Bagdad Ave., Suite 210
Round Rock, TX 78664
4.
2021080034 Page 5 of 8
LICENSOR:
City of Round Rock, Texas
By: 1.k,� 4 '—_.-
Laurie Hadley, City , anager
Date:
THE STATE OF TEXAS
COUNTY OF W ILLIAMSON
ACKNQ3yLEDGMENT
This instrument was acknowledged before me on thi� day 14 of, '' /' , 2021,
by Laurie Hadley, City Manager of the City of Round Rock, in the capacity and fpurposes
a8 tY P tY
and consideration therein indicated.
pUS apt
�� •......, s ., Signature
Printed Name
IPA',
t
• 4 of �:' Notary Public, State of Texas
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2021080034 Page 6 of 8
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2021080034 Page 8 of 8
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2021080034
Pages:8 Pee: $53.00
05/28/2021 12:14 PM
S. t.
Nancy E. Rister,County Clerk
Williamson County,Texas
ROUND ROCK City of Round Rock
Texas Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement with Round Rock Ranch, Phase One
Homeowner's Association, Inc. for landscaping and irrigation improvements
within public rights -of -way.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/28/2021
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: LIC2012-0001- RR Ranch Phase One HOA - Executed Doc
Department: Planning and Development Services Department
Text of Legislative File CM-2021-158
This is an agreement that allows for placement of private landscaping and irrigation infrastructure in
City -owned rights -of -way (Round Rock Ranch Blvd, Forest Creek Drive, Double Creek Drive) in the Round
Rock Ranch subdivision. This agreement assigns maintenance responsibility for this infrastructure to
homeowner's association of the subdivision, Round Rock Ranch Phase One HOA.
City of Round Rock Page 1 of 1