CM-2022-100 - 4/22/2022ELECTRONICALLY RECORDED 2022051599
Williamson County, Texas Total Pages: 8
LICENSE AGREEMENT
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This Agreement is made this,, r'+ y of�ti`�., 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 78664 (hereinafter "Licensor"), and HOMESTEAD AT OLD
SETTLERS PARK RESIDENTIAL COMMUNITY, INC., whose mailing address is 8920
Business Park Drive, Suite 350, Austin, Texas 78759 (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 located at the roundabout on Settlers Glen
Drive in the Homestead at Old Settlers Park 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:
I. 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.
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2022051599 page 2 of 8
II. Consideration
2.1 In consideration for this license, Licensee shall pay Licensor $10.00 and other good and
valuable consideration.
III. 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 after such assignment.
1V. Terminable at Will
4.1 This Agreement is terminable by either parry 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.
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.
2022061599 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 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 t 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.
V Ill. 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 79664
LICENSEE: Homestead at Old Settlers Park Residential Community, Inc.
8920 Business Park Drive, Suite 350
Austin, Texas 78759
IN WJ ' ESS WHEREOF, this AGREEMENT is executed on this-'"(.-' M _day of
��_ ..._.._ , 2022.
[Signature pages to follow.]
2022051599 Page 4 of 8
LICENSEE:
HOMESTEAD AT OLD SETTLERS PARK RESIDENTIAL COMMUNITY, INC.
By eff Anderson
VicePrafdent of Finance
Title: r _.—
Date: Y-e -j a
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OFT0AQ;.5 §
BEFORE ME, the undersigned, a notary public in and for said county and state, on this
day personally appeared lea' DqEV-sn.J (Name), (Title) ft5tbE#IT
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.
Given my hand and seal of office on this the day of Af el L , 2022.
f-,
i Notary ID #133033420 J-
tAy Commission Expires --- ••
April 13, zags Notary Public, State of Texas
After executing, please return to:
Planning and Development Services
301 W. Bagdad Ave., Suite 210
Round Rock, TX 78664
4.
2022051599 Page 5 of 8
LICENSOR. -
City of Round Rock, Texas
By: Awu-'�-
Laurie Hadley, City Manager
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this < '.. IIay of _ 4
_' �� f ' , 2022,
by Laurie Hadley, City Manager of the City of Round Rock, in the capacity and for the purposes
and consideration therein indicated.
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2022051599 Page S of B
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2022051599
Pages:8 Fee: $58.00
04/26/2022 09:27 AM
MBARRICK
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Asti;
Nancy E. Rister, County Clerk
Williamson County,Texas
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement with Homestead at Old Settlers Park
Residential Community, Inc., for the installation, maintenance, and repair of a
monument sign in the City's public right-of-way (ROW) located at the roundabout
on Settlers Glen Drive in the Homestead at Old Settlers Park Subdivision.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/22/2022
Dept Director: Brad Wiseman, Planning and Development Services Department
Cost:
Indexes:
Attachments: Homestead at Old Settler's License Agreement.pdf, LAF Homestead Sign.pdf
Department: Planning & Development Services
Text of Legislative File CM-2022-100
This license agreement will allow Homestead at Old Settlers Park Residential Community, Inc., to install,
construct, maintain and repair an area identification and entry feature sign in the City right-of-way
(specifically the roundabout at Settlers Glen Drive).
The Applicant requested sign application SIGN2112-0002 approved on December 14, 2021, be revised
since the approved area identification sign would have limited visibility due to an electrical power box
installed in close proximity to the approved sign.
Staff recommends approval of the license agreement.
City of Round Rock Page 1 of 1