CM-2022-200 - 8/26/2022ELECTRONICALLY RECORDED 2022108314
Williamson County, Texas Total Pages: 7
LICENSE AGREEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
This Agreement is made this 2oay of , 2022, by and between the CITY
OF ROUND ROCK TEXAS a Texas home rule mu i alit whose address is 221 East Main
p y,
Street, Round Rock, Texas 78664 (hereinafter "Licensor"), and UNIVERSITY HEIGHTS
RESIDENTIAL COMMUNITY, INC., a non-profit corporation whose mailing address is 6414
River Place Boulevard, Suite 100, Austin, Texas 78730 (hereinafter the "Licensee"),
Whereas, Licensor is the owner of the real property (hereinafter, "Property") in the City
of Round Rock, Williamson County, Texas, which is a public rights -of -way, specifically along
University Boulevard, Port Hope Street, and College Square Drive, as depicted by in Exhibit
"A," attached hereto and incorporated herein; and
Whereas, Licensee desires to exercise certain rights and privileges within the Property;
and
Whereas, Licensor desires to grant Licensee certain rights and privileges 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
landscaping and irrigation improvements, 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 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.
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H. Consideration
2.1 In consideration 1'or this license, Licensee shall pay Licensor $10.00 and other good and
valuable consideration.
all. 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 Agreerent 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
4-1 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 Licensoe'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
I LICENSEE SHALL COMPLY WITH THE REQUIREMENTS OF ALL
APPLICABLE LAWS, RULES AND REGULATIONS, AND SHALL INDEMNIFY
AND HOLD HARMLESS LICENSOR, ITS OFFICERS, AGENTS AND
EMPLOYFES 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 1N
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.
V 1. Release
(�. I Licensee assume lull responsibility for its exercise of the license. and hereb% release%.
relinquishes and discharges 1 iccnsor. its officers. agents and employees. Isom aII claims.
demand%. and causes ol'action of every kind and character. including the cost of defense
2022108314 Page 3 of 7
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 ender and accord with the laws of the State of Texas,
and all obligations of the parties created hereunder arc performable in Williamson
County, Texas. Venue for any dispute under this Agreement shall lie exclusively in the
courts of Williamson County, Texas.
VII1. Notice
9_1 Notice shall be mailed to the addresses designated herein or as may be designated in
writing by the parties froth time to time and shall be deemed received when sent postage
prepaid U.S. trail to the following addresses:
LICENSOR: City of Round Rock
ATTN: City Manager
221 East Main Street
Round Rock, Texas 78664
LICENSEE: University Heights Residential Community, Inc.
6414 River Place Boulevard, Suite 100
Austin, Texas 78730
Z� �
1N WITNESS WHEREOF. this AGREEMEN] is a\ccuted on this day of
Q4swx . , 2022.
[Signature pages to l'ollow.I
fi 2022108314 Page 4 of 7
LICENSEE:
UNIVERSITY HEIGHTS RESIDENTIAL COMMUNITY, INC.
By: d�ttu za"-
Title: Rice -
Dole:
ACKNOWLEDGMENT
STATE OF,
COUNTY OF t m1j;S
BEFORE MP, the under,i ned, a notary public in and for said counly and state, on this
day personally appeared_�o�rt+n�� (Name), -1 c�J� {Tine)
of UNIVERSITY HEIGHTS RESIDENTIAL COMMUNITY, INC., on behalf of said
corporation, known to me to be the person whose name is subscribed to the foregoing
instrument, and ackno" ledoed to me that lie executed the same for the purpose and consideration
therein expressed.
Given my Hand and seal ol'office on this the 12 day of , 2022.
CHELLE A THE S `
Notary Public, State of Texas
Comm Expires 09-15.2025 Notary Public, State of Texas
Notary ID 8531715
Aller executing. please return to:
Planning and Development Serk ices
301 W, Bagdad Ave.. Suite 210
d.
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Round Rock, TX 78664
LICENSOR:
City of and Rock. I exas
y T.
City Manager
Date: � O`
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This inst men( was acknowledged before me on this �'' day of �}" , 2022,
by y City Manager of the City of Round Rock, in the capacity ancfor the purposes
nd cons�i(d/erasion th •'n indica�q.
Frw'
my mowyID 012SM913 SignatureIR" 22. 2026
Printed Name
Notary Public. State of Texas
5.
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RECORDERS MEMORANDUM
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ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2022108314
Pages:7 Fee: $50.00
09119/2022 08:50 AM
MBARRICK
Nancy E. Rister, County Clerk
Williamson County,Texas