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CM-2021-230 - 9/3/2021Note to File- recorded twice 2021136669 Page 2 of 12 [I. Consideration 2,1 In consideration for this license, Licensee shall pay Licensor $10.00 and other good and valuable consideration. Ill. Nonassignability 3.1 Me 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 -)SSUrnes 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 Phis 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 �N ill not reimburse Licensee for any costs expended for said improvements. V. Indemnity 5.1 I.ICENSFE 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.l 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 thercol, lor any injury to, including death, of any person (whether they be third persons, 2. 2621136669 Page 3 of 12 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 Wider 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 ['his Agreement shall be construed cinder 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 frorn 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: KB Horne Lone Star Inc. 10800 Pecan Park Blvd Suite 200 Austin, Texas 78750 IN Wl I NESS WHEREOF, this AGREEMENT is executed on this t _day of 2021. [Signature pages to follow.] �3. 2621136669 Page 4 of 12 LICENSEE: KB HOME LONE STAR INC. By: T°stl ®ate: 8i219/_.. ACKNOWLEDGMENT STA'11 OI` �. § § Cnf'N"I Y 01" § BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally appeared oN.a 66_' (Name), I - irsi� (Title) of° I3 HOME LONE STAR INC., on :ehalfof 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 sea] of office on this the .A- day of .crrsf . . 2021. Notary Public, State of Texas _ VEROWCAL.CONTREHAS N TARY PUBLIC +; :•: I #126372101 '•� �: State®4 Texas °.' *: Comm.Exp.04-23-2024 After executing, please return to: Planning and Development Services 301 W. Bagdad Ave., Suite 210 Round hock, TX 78664 4. 2621136669 Page 5 of 12 LICENSOR: City oT'Round Rock, Texas r By: Laurie I ladley, City Manager Date: 1/S)2D2-( ACKNOWLEDGMENT "I'I II S I ATI 01: TEXAS COUN'T'Y OI: WILLIA SON I hiti instrument was acknowledged before me on this ` day of 021, by I,aurie Badley, City Manager of the City of Round Rock, in the capacity and for the purposes and consideration therein indicated. ov 'I z*" A� o®®�� ®®. Signature Printed Name ® • ! ®�• ® Notary Public, State of Texas ®® RECORDERS MEMORANDUM 2621136669 Page 6 of 12 All or parts of the text on this page was not clearly legible for satisfactory recordation d w)moNnoas o ® SNVIJ iPQW33H!)V ISN33U ,eVMOV®H 1.35160"d 9� m01 1 V ® ®_® g 311 %9,0,. ----------- ®n ------ E t C'e) CV '-t] k i��llI;a A. ! � JI- z rxl � c dP. Cu coto ko -�r uJ 3 INC 77 F 7777 7 1 71` . CIA LIO 417 v � NMI otaffu o_ w f --- --------- CQ -- - CQ Cv cit —, d _ `'{'` Z �1 1 1 9 i 1 k 1 ." m .�em,sa—=-'+..a+�. .;u�r....,; +�- .. . ` `•1 OU ® �. -�r.�•a.�'°�° ��®• f ®®ae� .ara wr ..:r.n,. ..<r ew � -.go-: 6d RECORDERS MEMORANDUM 2621136669 Page 7 of 12 All or parts of the text on this page was not clearly legible for satisfactory recordation yy ypy® a 5e�oa®nl oa P 3 � ! SN ]W33a°OV ISNl.311'.. et i LLJ d - 1 " d{ f dp i � d g Y . ti I k, 1 t � t IF by® l g RECORDERS MEMORANDUM 2621136669 Page 8 of 12 All or parts of the text on this page was not clearly legible for satisfactory recordation P � d 3W337J!)V 3SNIDI t .. .... G L ..... ._ .._... .. ' r ; r a x� C ,`. :, ,Y II .t , ' t _ k .v k ; Ca i dl uYkl- 43, ;.q. ',, ai 7 `'tsv � al a Yi RECORDERS MEMORANDUM 2021136669 Page 9 of 12 All or parts of the text on this page was not clearly legible for satisfactory recordation SN'Vvl"d I'NDIO6M"33"Sn5om '11 AVMOVO'd i 3SVHJ Y! All ONHIIVS J9.... .. ... ........... .. ....... yyp I° kN �Ij �14 —--t.----—--------------------—--—--------I W cc RECORDERS MEMORANDUM 2621136669 Page 16 of 12 All or parts of the text on this page was not clearly legible for satisfactory recordation g :.. . . ..: 4 � s g 3e 3 E � RECORDERS MEMORANDUM 2621136669 Page 11 of 12 All or parts of the text on this page was not clearly legible for satisfactory recordation Q Lu x 2021136669 Page 12 of 12 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2021136669 Pages: 12 Fee: $61 .50 09/08/2021 11 :55 AM KCURRIE 1 AST40f F� Gti, Nancy E. Rister, County Clerk Williamson County,Texas ELECTRONICALLY RECORDED 2021136441 Williamson County, Texas Total Pages: 12 LICENSE AGREEMENT his Agreement is made this day ofL k,1021, 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 KB HOME LONE STAR INC'.. a Texas corporation whose mailing address is 10800 Pecan Park Boulevard, Suite 200, Austin.] exas 78750 (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 along CR 110, Pritchard Drive. and Avery -Nelson Parkway in the Salerno (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- ol=ways located within the Property; and Whereas. Licensor desires to grant Licensee certain rights and privileges upon public rights -of -ways within the Property; NOW, - CI IEREFORE, it is agreed as follows: 11. License 1.1 1 icen%ce shall have the right to enter the Property to install, maintain, and repair land%Laping and irrigation improvements, as depicted in Exhibit "A," subject to all conditions recited herein. 1.2 It iti 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 -or -way located within the Property by virtue of this license. 1.3 It is lurther 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 Dci,clopntent 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 Gods of'Ordinanecs of the City of Round Rock, Texas. 1.5 h is firrdier understood that Licensor has no duty to maintain, operate, replace, or repair an) improvement in or upon the Property, including; the payment of any fees of any kind .rtisocinted with any improvements. e,k1,Z v2 00.I786e; „? I R ) Iu,.urHrz 2021136441 Page 2 of 12 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 ['he 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 nssumes Licensee's obligations and rights granted under this Agreement, and Licensee ~hall be released from any and all obligations hereunder accruing after such assignment. IV. Terminable at Will 4.1 I'his Agreement is terminable by either party at will by the giving of actual notice to the ether party. Upon termination, any improvements to the Property, at Licensor's option k xercised in writing, will become the property of Licensor and it is agreed that Licensor %%ill not reimburse Licensee for any costs expended for said improvements. V. Indemnity 5. t 1_IC LNSFE SHALL COMPLY WITH THE REQUIREMENTS OF ALL APPLICABLE 1 AWS, 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 thcreol, 11or any injury to, including death, of any person {whether they be third persons, 2. 2021136441 Page 3 of 12 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 Phis 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 tinder 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 Fast Main Street Round Rock, Texas 78664 LICENSEE: KB Flome Lone Star Inc. 10800 Pecan Park Blvd Suite 200 Austin, Texas 78750 IN W1 I NESS WHEREOF, this AGREEMENT is executed on this 02 day of qW 2421. [Signature pages to follow.] 2021136441 Page 4 of 12 LICENSEE: KH HOME LONE STAR INC. By: 'rifle: 114C snuf Date Py/t/s/ S CA 11. OV T4'tas COV191 Y Ol ACKNOWLEDGMENT BEFORE ME, the undersigned, a notary public in and for said county and state, on this day per-sonally appeared PWw & (Name), (Title) of KR HOME LONE STAR INC., on` half of said corporation, known to me to be the person whine name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same liar the purpose and consideration therein expressed. Given my hand and seal of office on this the . /0'. day of oj&pasf ... 2021. Alierc%ccuting, please return to: Planning and Development Services 301 W. Bagdad Ave., Suite 210 Round hock, 'I'X 78664 Notary Public, State of Texas a,!t..'''•. E YERoti:CAI..GOHTREFIAS VI trQTARY PUBLIC . g • �; 126372101 Slate of Texas ',Zait' Comm 04.23.024 2 3. 2021136441 Page 5 of 12 LICENSOR: Cil) of ROUnd Rock, Texas By: — Laurie I Iadlcy, City Manager Date: 0/s), L-a ( ACKNOWLEDGMENT TI IF ti I ATI, 01: I'EXAS COUN FY 01- WILLIAMSON I his instrument was acknowledged before me on thisrday of202 i, by I aurie I ladley, City Manager of the City of Round Rock, in the capacity and for the purposes and consideration therein indicated. �O p4i Signature foWwe _ S s� y Fr:i -n —te d Name , E Oi A� n 19;0 -.1 Notary Public, State of Texas 5, 2021136441 Page 6 of 12 - i �vn. �enrr awnr AVMQVOQ 1 %VHA r1 ON931VS t f c 03 co a r •� ul -.. ... �. l...r.- �r:..rri.e.r�� - -�F�+.+r+•�•'.+..�'++:eai'-'►+.+r`-.--yw�•:.:.r`yrr'.. Qu Eno I•iVl di�11 N nr cv cv , '. I Are if 11111111 k1 ` sue, a - ..r-rw tis .r�•r r•1rr �•F�r--w�.r� �r�r rr r..w raw.. ��.� � RECORDERS MEMORANDUM 2021136441 Page 7 of 12 RECORDERS MEMORANDUM All or parts of the text on this page was not clearly eg ble for satisfactory recordation 1 'I SML 11�011 ON 1071 pp �j I ISNY14f 1NJIN1311:1Y AVMQVON 1 ISVHJ I I 1 ONH31vs �4 top 1 -a, Q a t 2021136441 Page 8 of 12 RECORDERS MEMORANDUM At or parts of the text o-i this page was not clearly legible for satisfactory recordation all "L IM111 troy SNV7A IMM3380V 3SNJ711 AVMUVou 1 3SVHd ONIHIVS r +Y d T Yi 4 ti ' •5 s 5 r 1.• Y ai M•1 Y I l I 16 Y l 1 . r F i S , ti.H r, 7Y 11 2021136441 Page 9 of 12 RECORDERS MEMORANDUM A I or parts of the text on this sage was not clearly eg bie for satisfactory recordat on All, I • I _ I (�I S MI IMM GNWI _ �I SNVld IN1NJI"5v "NI311 AVAAOVov i )SVHJ ONf1I7VS j '; II , I • fl �i .11h . � �i�`f. 9 lge`e _ .t -4 a J" * [: k C ,. .. -------------------- 2021136441 Page 10 of 12 RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation fl�sk�F�ilrrf' '' �iI E�}. �iV+`d�N3t'fl:N.`?'�35Pt:t;lf} rrt ,;,. {{ �•�=III! r� � g 1 I fse �}! 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Rister, County Clerk Williamson County,Texas 11ROUND City of Round Rock ROCK XAS Agenda Item Summary Agenda Number: Title: Consider executing a License Agreement with KB Home Lone Star Inc. for the installation, maintenance and repair of landscaping and irrigation improvements City right-of-way for the Salerno Phase 1 Subdivision. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 9/3/2021 Dept Director: Brad Wiseman, Director of Planning and Development Services Cost: $0.00 Indexes: Attachments: LIC2105-0002 Salerno Ph. 1- 210813 Executed Doc Department: Planning & Development Services Text of Legislative File CM-2021-230 This is an agreement that allows for placement of private landscaping and irrigation infrastructure in City -owned rights -of-way within the Salerno subdivision. This agreement assigns maintenance responsibility for this infrastructure to the developer of the subdivision, KB Home Lone Star, Inc, City of Round Rock Page 1 of 1