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CM-2022-070 - 3/25/2022ELECTRONICALLY RECORDED 2022038236 Williamson County, Texas Total Pages: 8 LICENSE AGREEMENT This Agreement is made this day of NW 2022, by and between the CITY OF ROUND ROCK, TEXAS a Texas home rule municipality, whose address is 221 bast Main Street, Round Rock, Texas 78664 (hereinafter "Licensor"), and RIDGE ROUND ROCK VENTURE 1, LLC, a Texas limited liability company whose mailing address is 901 S. MoPac Expy, Building 4, Suite 250, Austin, Texas 78746 (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 Chisholm Trail Road near the Chisholm Trail Trade Center, 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 vegetative filter strips, 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. II. Consideration 2.1 in consideration for this license, Licensee shall pay Licensor S10.00 and other good and valuable consideration. 111. 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. &-�-2vZZ �.a- -v 2022038236 Page 2 of 8 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 a f 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 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. Vl. 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, 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. 2 2022038236 Page 3 of 8 VIIII. 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: Ridge Round Rock Venture I, LLC 901 S. MoPac Expy Building 4, Suite 250 Austin, Texas 78746 IN WITNESS WHEREOF, this AGREEMENT is executed on this 13 day of rndY[.ir+ , 2022. [Signature and Acknowledgement pages to follow.] 2022038236 Page 4 of 8 LICENSEE: RIDGE ROUND ROCK VENTURE 1, LLC, a Delaware limited liability company BY: PRINCIPAL REAL ESTATE INVESTORS, LLC, a Delaware limited liabilit r By: 'anninger, Managing 11rector Date Q' ACKNOWLEDGMENT STATE OF § COUNTY OF Q 1 K § BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally appeared Joe Wanninger, Manager Director of PRINCIPAL REAL ESTATE INVESTORS, INC., a Delaware limited liability company for RIDGE ROUND ROCK VENTURE 1, LLC, a Delaware limited liability company, on behalf of said company, 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 r 13 �j/j day of r " .CrCA , 2022. sAMa TOMUWMR �> MV E�• �2 Signature S x� may_ S.Ta1hNn -Per Printed Name Notary Public, State of —Lek" OLI 4. 2022038236 Page 5 of 8 LICENSEE: RIDGE ROUND ROCK VENTURE I, LLC, a Delaware limited liability company BY: PRINCIPAL REAL ESTATE INVES O LLC, a Delaware limity6liability By: _I Brian Sandfort, Managing Dir for Date: ACKNOWLEDGMENT STATE OF 10k)06- COUNTY OF Pd ! IC BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally appeared Brian Sandfort, Manager Director of PRINCIPAL REAL ESTATE INVESTORS, INC., a Delaware limited liability company for RIDGE ROUND ROCK VENTURE I, LLC, a Delaware limited liability company, on behalf of said company, 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 13 day of OWA , 2022. Signature �4 AMY 8 TODHUNComm14*W Number TER F MyCommtsn" I EXPks • August 19, 2023 After executing, please return to: Planning and Development Services 301 W. Bagdad Ave., Suite 210 Round Rock, TX 78664 m y S Printed Name Notary Public, State of /OA tI 5. 2022038236 Page B of 8 LICENSOR: QU43ij ROUND ROCK, TEXAS By: W + ��rr ey �ty Manager Date: � ~� 9vo ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this 95L day of ah , 2022, by —L-tmritr'Ftadre City Manager of the City of Round Rock, in the capacity and for the purposes and consideration the in indicat d. y. 1 (, W,�� Nllllilfl/!! r gyp •.4`�i' Signature a . Printed Name ff Notary Public, State of Texas ts. 2022030236 Page 7 of 8 . . ................. — ----- NORTH -63 SF VWUATNEI FLIM MW *.728 IF 11111111NEUMI Is I*iw 1W vEmmml mTm mw 'A FOU111 WSW Sr VOETMK C.R. 173 RIDGE COMPANY DEVELOPEMENT 01wn 1900 WEST LOOP SOUTH, All and hm 333 Baldwin Bond •- Pkimsburgh, PA j 5205 SUITE 1300 HOUSTON, TX 412-429-2324 - W0,355-2324 VEGETATIVE FILTER STRIP „AM .Ceanc.com DRAWN BY, CHECKED BY., AP APPROVED BY: APFIGURE NO. 6 �T:I ; DATE, JAN 2022 1 DWQ SCALE' N.T.S-:PROJECT No: 165-021 XH RECORDERS MEMORANDUM All or parts of the text on this page was not dearly legible for sat.sfactory recordation 2022038236 Page 8 of 8 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2022038236 Pages:8 Fee: $54.00 03/28/2022 02:15 PM PKINNE �hru. LO' Nancy E. Rister, County Clerk Williamson County,Texas IeROUND ROCK YA5 City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing a License Agreement with Ridge Rock Venture I, LLC for the installation, maintenance, and repair of vegetative filter strips for the Chisholm Trail Trade Center Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 3/25/2022 Dept Director: Brad Wiseman, Director of Planning and Development Services Cost: $0.00 Indexes: Attachments: LAGR2201-0001 Chishom Trail Trade Center- Executed Doc Department: Planning & Development Services Text of Legislative File CM-2022-070 This is a license agreement to allow a vegetative filter strip (grassy vegetation used for water quality) in the City right-of-way (specifically the northern extension of Chisholm Trail Road, in front of the Amazon facility). The agreement assigns responsibility of maintenance of this item to the private owner of the adjacent property. 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