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CM-2022-050 - 3/11/2022ELECTRONICALLY RECORDED 2022031695 Williamson County, Texas Total Pages: 8 LICENSE AGREEMENT This Agreement is made this �ay of 2022, by and between the CITY OF ROUND ROCK, TEXAS a Texas home rule municipality, whose address is 221 East Main Street, Round Rock, Texas 79664 (hereinafter "Licensor"), and PROPERTY OWNERS' ASSOCIATION OF LAKESIDE (ROUND ROCK), INC., whose mailing address is clo Alliance Association Management, Inc., 11 S Wild Basin Road, Suite 308, Austin, Texas 79746 (hereinafter the "Licensee"). Whereas, Licensor is the owner of the real property (hereinafter, "Property") in the City of Round Rock, Texas, which is City parkland located at Sandy Brook Drive in Lakeside Subdivision, as depicted in Exhibit "A," attached hereto and incorporated herein by reference for all purposes; and Whereas, Licensee desire to exercise certain rights and privileges within the Property as set forth herein; 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 a monument sign in the location depicted in Exhibit "A" and in design as depicted in Exhibit "B," incorporated herein by reference for all purposes, 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 Property by virtue of this license. 1.3 It is further understood that before the installation of any of the improvements depicted in Exhibit "A" and Exhibit "B," 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. 06-8072.121w•wx OA4-2-2-1) a 2022031695 Page 2 of 8 11. Consideration 2.1 In consideration for this license, Licensee shall pay Licensor $10.00 and other good and valuable consideration. Ill. 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 alkr such assignment. IV. Terminable at Will 4.1 This Agreement is terminable by either panty 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 WI-114 THE REQUIREMENTS OF ALL APPLICABLE LAWS, MULES 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. 2022031696 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 he 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 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 East Main Street Round Rock, Texas 78664 LICENSEE: Property Owners' Association of Lakeside (Round Rock), Inc. clo Alliance Association Management, Inc. 115 Wild Basin Road, Suite 308 Austin, Texas 78746 cq WITNESS WHEREOF, this AGREEMENT is executed on this day of , 2022. [Signature pages to follow.] 2022031696 page 4 of 8 LICENSEE: PROPERTY OWNERS' ASSOCIATION OF LAKESIDE (ROUND ROCK), INC. By: Title / Date: � J O JJJ ACKNOWLEDGMENT STATE OF COUNTY OF _�L), Lis.Gr.GYI BEFORE ME, th - undersigned, a tary public in and for sa' c my and state, on this day personally appeared (Name), ��J itle) of PROPERTY OWNERS' ASS4 , ATIO OF LAKESIDE (ROUND ROCK), 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 ptMmsc and consideration therein expressed. Given my hand and seal of office on this the day of 2a2.(? � , 2022. 4 MELISSA HORST Al Notary Public, State of Taxes j�� Comm. Expires 03.2f1-2G26 ��N ; 4- Notary ID 1330024b4 Notary Public, State of Texas Alter executing, please return to: Planning and Development Services 301 W. Bagdad Ave., Suite 210 Round Rock, TX 78664 1.1 2022031695 Page 5 of 8 LICENSOR: City of Round Rock, Texas Date: :57#-22— FW1WITA 9�� u ►� THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this I day of tv ►'1 2022, by , City Manager of the City of Round hock, in the capacity and for the purposes consideration th;Nkindicated. Signature q,vE DA4 Aoq�� ti Q�ARY PU8, �• y� Printed Name • Notary Public, State of Texas s C* •'•�Ofi0f�9 '• 2022031695 Page 6 of 8 �� Wow 1 ooerW►l arrarmuenear rwra� M tar Exhibit "N' t IFINW. PLAT Or UNIVERSITY VILLAGE SOUTH \� SECTIONS 1 AND 2 naeOira00KiO'raz \ ` ardTNSWINAW MNCLA LP exrmraAAa saesrmrnozoomur o�wwaT. am W0218iff Ttr amm�r anvriaererata ufarrn nGelrCagmowAer ! h, ♦ r 1 � ��'r♦ it 1 ♦, r p ' werMlr�o�r�mTM � �:�oeorwme1 / ' s 1 J SECTION t ! LOT L T04YItNOME OCKE } ~OV Y I f 7.19 AW440A n y Sritib � 1 Laksrai& Area Sign lotion n�: 1. offset 15' from existing si Sandy Brook Drive 2.Offset 5' from rear lot line Subdivision sic � II � �r�+rasr• lit \ 1 CP-400 SECTION 1 LOT 3:BLOCK6 PAiX.ANO AND OPEN SPACE OWNWE EA�Nf WM AMB OOC. N0.30110fs�7 Orxw,c r. lIClm u•woraooraun • IIa111WYa}NOrrMb e � rato+ranr • MaOYO�ai1Mow \, omewom l,�7at / oMwrroes "Gom'/ / / ru�uo.rcao�ae►wrar 1 IaT'Ir.ritma LOr� ea+e i�X}♦wrw IroTnlemwlamuluoTwlioTnf I I I ur�Igl p�0eavr �crorreriL RDrJc4 T.4e�lTrl NJOn 1M•TM►11MGT, rlKitCateaeu'aor �lraYW.V 7MTtR/f.faylfw•T�rut, rnaerr r�1rt ®MO pMeIA�tA�*IT ZOIK rat IN 'l iirf'fY 1pUd lIOOIIMIeOC Id ■rY��It "L "�I V 2OF2 PROJECT N0. MS-2•002.30 4 �OBOC�. Imo. \ � 1 • 1 ewourtttraar.tw 1 or"� "ON slum I rww�o+�aluettm.v. SIR I ►"W. 1 I i��l oaftl►OOr `p4 1 wwaer Pc10CIL m•w am ti �. •er.e ♦ � 4� ♦ ♦ wWENnND i RECORDERS MEMORANDUM All or parts of the text an this page was not clearly legible for salisfaclory recordation CL Q 1z U O w DO I N E �� g sr3 O 4 �p � a CID 9—; y e x RQa In CD k _. Ll Lu r.n - - LrI CV 10 I >; 5 ..J E 7 .5 E d � d v uv d° N 6.0 �o � u 7 RECORDERS MEMORANDUM Xi or parts Who text on this page was not clearly egible for satisfactory recordation 2022031695 Page 8 of 8 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2022031695 Pages:8 Pee: $62.00 03/14/2022 08:05 AM MBARRICK 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 between the City of Round Rock ("City") and the Property Owner's Association of Lakeside (Round Rock), Inc. for the installation, maintenance and repair of a monument sign in the City's parkland, generally located at Sandy Brook Drive in Lakeside Subdivision. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 3/11/2022 Dept Director: Brad Wiseman, Planning and Development Services Department Cost: Indexes: Attachments: LAF - License Agreement for Monument Sign in Lakeside Subdivision (03 04 22).pdf, HOA Signed_License Agreement and Exhibits.pdf Department: Planning & Development Services Text of Legislative File CM-2022-050 The Lakeside Community HOA received a matching grant for the construction of an area identification sign. The Applicant proposes to install the area identification sign at a City -owned parkland and open space drainage easement located at 3701 Sandy Brook Dr. Laton Carr, City Engineer, confirmed there are no reported FEMA floodplain in the proposed location and there are no issues with the proposed location, as long as the sign meets the offsets noted on Exhibit A. This license agreement will allow the Lakeside Community HOA to install, construct, maintain and repair an area identification and entry feature sign. Staff recommends approval of the license agreement. Cityof Round Rock Page I of 1