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CM-2021-323 - 12/10/2021ELECTRONICALLY RECORDED 2021189647 Williamson County, Texas Total Pages: 9 w C�7Ii►f.Y�1fIN.7 x ►rIF�i1—II THE STATE TEXAS § KNOW ALL BY THESEPRESENTS: COUNTY LLI S § This Agreement • 1 . of 202by • between 1F R ND ROCK. TEXAS a Texas• .. r •r boo Licensor is the owner of the real property "Property") of Round Rock, Williamson County, Texas, which is public rights -of -ways, specifically Settlen! Glen Drive r Sawmill Crossing,depicted by • a hereto an4 incorporated 1 rights - of -ways located within the Property; 1 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 to enter the Property tr install, maintain, andrepair landscaping • a depicted • 'A" subject to all conditions• 1.2 It is understood that this Agreement only andthat Licenseei • not 'I a;. shall not claim at any time any interest or estate of 1 in the public • located withinProperty i• i • 7 virtue of 1.3 It is further understood that before the installation of any of the current or subsequen'-1 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 thcv Code of Ordinances of of Round i. 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. 4867-9671-8849:ss2 L.IC2109.0001 2021189647 Page 2 of 9 11. Consideration valuable2.1 In consideration for this license, Licensee shall pay Licensor $10.00 and other good and / r • 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 r " • iing, with the consent of • . , Licensee shall be pen-nitted 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 Licenses shall be released from any and all obligations after, ... ♦ 7_�inXiii" 4.1 This Agreement is terminable by either party at will by the giving of actual notice to the other party.•termination,r 1 1 the Property,1 option exercised in writing, will become the property of Licensor and it is agreed that Licensor will not reimbursefor • expended for said improvements. 1 I. REQUIREMENTS5.1 LICENSEE SHALL COMPLY WITH THE OF ALL APPLICABLE LAWS, RULES 1 REGULATIONS, h SHALL INDEMNIFY 1 HOLD HARMLESS LICENSOR, OFFICERS,1 EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES,OF ACTION, EXPENSESOF LITIGATION,COURT COSTS,l /`NEY'S FEES, FOR INJURYOR DEATH OF ANY PERSON, OR FOR DAMAGE TO ANY PROPERTY, OUT OF OR IN CONNECTION WITH LICENSEE'S EXERCISE OF THE LICENSE UNDER THIS AGREEMENT, EXCEPT FOR ACTS OF LICENSOR OR ITSOFFICERS, AGENTS OR EMPLOYEES,OR OF WILLFUL MISCONDUCT OR OF f CONTRACTOR'S NEGLIGENT OR / V'1 l- 2 � BRIT-S�I�J 6.1 Licensee assurne 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, PJ 2021189647 Page 3 of 9 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, dernands and causes of action in whole or in part are covered by insurance. ky I 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 perfon-nable in Williamson County, Texas. Venue for any dispute under this Agreement shall lie exclusively in th* courts of Williamson County, Texas. My"EFLN111=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: Homestead at Old Settlers Park Residential Community, Inc. 8920 Business Park Drive Suite 150 Austin, Texas 78759 IN WITNESS WHEREOF, this AGREEMENT is executed on this day of 12021. 3- 2021189647 Page 4 of 9 W LS By: . ..... Title: ,' Vsm Date: _A14,41 STATE OF TF--XhS § COUNTY OF _7� § BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally appeared,V-4LIC 5&,i'"A V&fte Title) -(Name), Vblk ZMM T" of HOMESTEAD AT OLD SETTLERS PARK RESIDENTIAL COMMUNITY, 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. (A It Given my hand and sea] of office on thi:, ie day of 61 M­ �'5 202 1. ANNETTE HERWSMN Notary 10 #133033420 My Commission ExPkes Apt 13, 2025 Notary Public, State of Texas MMWQ1 301 W. Bagdad Ave,, Suite 2 10 Round Rock, TX 78664 9 2021189647 Page 5 of 9 By: o,lr Laurie Hadley, City Wnager Date: I This instrument was acknowledged before me on this j&tay of &4� 4W02 by Laurie Hadley, City Manager of the City of Round Rock, in the capacity and for the purpos and consideration therein indicated. I ADA % Signature Printed Name Notary Public, State of Texas ®®®` ® '�r SW' IM 2021189647 Page 6 of 9 r RECORDERS MEMORANDUM r orparts oithe text on this page rovas not aeail; legible for _�ati to ,tory re,..ordation HOMESTEADAT OLD SETTLERS PARK PH 3 5 6 1.® flil�al tICENSEAGREE TP � 2021189647 Page 7 of 9 ® RECORDERS MEMORANDUM 411 r .arts of tli text on tlu page'�as not a I.��i1;legitl �i .;atis�a�[.i, r�.ordation ffi m Y�4 }i®RAESTEA®AT OLD SETTLERS FARiC -PF9 3,5,6,10 ��sp�a LICENSE AGREFMENTPLAN T .w� �� maaapm�aaeacs KI N O N 00 IW IW CD co PM co RECORDERS MEMORANDUM 4oleailrparts oithe text on this pig -vas not �Bible to[ iti. to ,toi j r ordation 2021189647 Page 9 of 9 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2021189647 Pages- 9 Fee: $70.00 12/15/2021 08.31 AM MBARRICK 1 AST40f F� Gti, Nancy E. Rister, County Clerk Williamson County,Texas