CM-2021-174 - 6/18/2021ELECTRONICALLY RECORDED 2021092024
Williamson County, Texas Total Pages: 8
LICENSE AGREEMENT
This Agreement is made this Pq day of , 2021, by and between the CITY
ROCK,OF ROUND TEXAS a Texas home rule munici ality, whose address is 221 Fast Main
Street, Round Rock, Texas 78664 (hereinafter "Licensor"), and SCOTT FELDER HOMES,
LLC, a Texas limited liability company whose mailing address is 6414 River Place Boulevard,
Suite 100, Austin, Texas 78730 (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 Port Hope Street in the
University Fleights (Phase 1) Subdivision, 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
1.1 Licensee shall have the right o 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, rexas.
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.
00.171822lss2
LIC2101-0003 t mverstt% l leights {Phase 1 )
2021092024 Page 2 of 8
H. Consideration
1 consideration r pay Licensor1 t'1 and other good ani
valuablea
III. Noassinaility
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 r REGULATIONS, AND SHALL INDEMNIFYD HOLD
LICENSOR,HARMLESS OFFICERS,it FROM
LOSSES,AND AGAINST ANY AND ALL CLAIMS, r,
ACTION,r r rCOSTS,r
FOR r;r.D rPERSON, OR FOR DAMAGE TO
PROPERTY,ANY OUT OF OR r r
LICENSEE'S EXERCISE OF
EXCEPT FOR OF r. OR OFFICERS,OR
EMPLOVEES,THAT ARE NEGLIGENT OR OF r OR
OF r. CONTRACTOR'S OR OF
MISCONDUCT.WILLFUL
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
4
2021092024 Page 3 of 8
thereof, for any injury to, including death, of any 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.
VJT1JJJ&Y, MR
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.
, 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:of Round Rock
ATTN: City Manager
221 East Wain Street
Scott•
6414 RiverBoulevard,
Suite if
Austin, Texas 78730
IN WITNESS WHEREOF, this AGREEMENT is executed on this day of
-PN44( 2021.
[Signature pages to follow.]
a
2021092024 Page 4 of 8
I ACKNOWLEDGMENTCOUNTY OF §
BEFORE ME ' th d i ed a notary public in and for saiA co nt , an I stat , on this
day personally appeared !Ali'i'-t-
of 1TT FELDER HOMES,on behalf of r corporation,r s me to•
person • narne is subscribed to the foregoingand acknowledged to me that hi
executed the same forpurpose r consideration therein expressed.
NotaryIs e
Given my hand and seal of office on thi day of 2021.
ERICA CAM-A—CHO
0 Notvy PublIc, State of Texas
Comm. Expires 04-07-202s Public,
Notary ID 133021353
After executing, please return to:
301 W. Bagdad Ave., Suite 2 10
Round Rock,rr
2021092024 Page 5 of 8
ix"'reyprikkT11Cil
uw-��Hnley,CiMvanager d'
Date:
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this &4'da—yo 202 1,
by Laurie Hadley, City Manager of the City of Round Rock, in the capacit a d for the purposes
and consideration therein indicated.
X%X% QUEAD,4
Oy PU&
Signature
hO 00AC A
Printed Name
0 OF g
2-F
Notary Public, State of Texas
2021092024 Page 6 of 8
SIDEWALKS TO BE
CONSTRUCTED BY
CONTRACTOR WITH
THIS PROJECT
RANDALL JONES & 2SS00ATS ENGIMEMM, fiTC
2900 JAZZ SIREET, ROUND ROCK, 7EXAS, 78664
(512) 836-4793 FAX (512) 06-4817 F-9784
RJ SUR W YING & A SSOCIA 7ES, INC.
2900 JAZZ STREEr ROUND ROCK, EXAS, 78664
tTT,cjlTr (512) 836-479J FAX (512) 8J6-4817
2021092024 Page 7 of 8
r Ap t
Ap p a
1
1 1
i
SIDEWALKSf BE
CONSTRUCTED BY
CONTRACTOR WITH
PROJECTTHIS
2021092024 Page 8 of 8
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2021092024
Pages- 8 Fee: $45.00
06/21 /2021 04.09 PM
1 AST40f
F�
Gti,
Nancy E. Rister,County Clerk
Williamson County,Texas
ROUND ROCK
TEXAS
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement with Scott Felder Homes, LLC for
landscaping and irrigation improvement in the Port Hope Street right of -way.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 6/18/2021
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: LIC2101-0003 University Heights Ph. 1- 210603 Executed Doc
Department: Planning and Development Services Department
Text of Legislative File CM-2021-174
This is an agreement that allows for placement of private landscaping and irrigation infrastructure in
City -owned right-of-way (Port Hope Street) in the University Heights subdivision. This agreement assigns
maintenance responsibility for this infrastructure to developer of the subdivision, Scott Felder Homes, LLC.
City of Round Rock Page 1 of 1