CM-2023-095 - 5/5/2023ELECTRONICALLY RECORDED 2023037496
Williamson County, Texas Total Pages: 14
LICENSE AGREEMENT
This Agreement is made this day of 2023, by and betwe
the CITY OF ROUND ROCK, TEXAS a Texas home rule municipality, whose address is 2
East Main Street, Round Rock, Texas 78664 (hereinafter the "City"), and CONCORD A
BRUSHY CREEK HOME OWNERS ASSOCIATION, whose mailing address is 89
Business Park Dr., Suite 350, Austin, Texas 78759 (hereinafter the "Association").
Whereas, City is the owner of the real property (hereinafter, "Property") in th C'
Round Rock, Texas, being described as Kenney Fort Section 1, Block A, Lot 1, a sli'v"Zi
iccording to the plat recorded in Document No. 2015110788 of the Official Public Records
Williamson County, Texas, as described on Exhibit "A," attached hereto and incorporatA9-
herein; and I
Whereas, the Association desires to construct a community playground (hereinaft
"Project") over and on the Property; and el
Ifihereas, the City desires to grant the Association certain rights and privileges over a
on the Property; and I
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1.1 The Association shall have the right to enter the Property to construct, install, maintain,
operate, and repair the Project, as depicted in Exhibit "Bsubject to all conditions
recited herein.
1.2 It is understood that this Agreement creates a license only and that the Association does
not and shall not claim at any time any interest or estate of any kind in the Property by
virtue of this liceise.
1.3 It is further understood that before the installation of any of the current or subseque
improvements depicted in Exhibit "B," the Association shall present a detailed plan to t
City's Planning & Development Services Director for review and approval. Approval
e
any plan shall be solely within the discretion of the City's Planning & Developm
Services Director.
1.4 It is further understood that the Association 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 the City has no duty to maintain, operate, replace, or repaii
any improvement in or upon the Property, including the payment of any fees of any kind
associated with any improvements.
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1.6 Term. The term of this Agreement shall commence on the date of exec ! on 0 r Ii
utboartiesThe term of this Agreement shall last fopon completion otentatermtecensesacontinue for succeeding one (1) ear terms ("renewal terrn")unless o
6frocommencement) months m the obeq
® Improvements
2.1 Construction of Project. On or before July 01, 2023, the Association shall begin
construction, or cause to begin construction, and begin the Project upon the Property. The
Project shall include various playground equipment and other such devices for the
purpose of providing recreational activity.
2.2 Approval of Construction. No construction of any type or kind may be commenced
unless the plans, specifications and proposed location of such construction and/or
location of improvements have been approved by the City.
The Association shall, at its own expense, engage a licensed architect or engineer to
prepare plans and specifications for the construction, addition, and location of any
improvements. The Association shall submit a detailed copy of such plans ae-
dwnr�"q-Ff)
is scheduled to commence.
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Minor repairs and/or alterations necessary to maintain improvements located upon the
Property in a useful state of repair and operation shall not require submission and
approval as described herein.
2.3 Ownership. Any and all buildings, improvements, additions, alterations and fixtures
constructed, placed, located and/or maintained on any part of the Property during th!�
term of this Agreement are considered part of the real property and must remain on thr,
Property and, subject to the terms of this Agreement, become property of the City, from
and after the termination of this Agreement.
C . 4 Removal of Improvements. The Association may, upon the termination of thn'
Agreement, and only upon such event, remove the property not owned by the City, as s
forth by law and/or Section 2.3, herein. Notwithstanding the right of removal grant
herein, the Association shall repair any and all damage to any buildings or improvemenj
2023037496 Page 3 of 14
on the Property resulting from such removal. Any and all of such items not removed by
the Association on or before ten (10) days after the termination of this Agreement, shall,
at the option of the City, either (i) become the property of the City; or (ii) be removed by
the City at Association's sole cost and expense. In the event the City shall elect to remove
such property, the City shall owe no duty to protect such property, and shall in no event
be liable to Association for loss, damage or destruction of same. The City may dispose of
any such property in any manner it desires in its sole discretion and retain any proceeds
received therefor.
I Entry. The Association shall take any and all actions necessary to prevent the entry of
unauthorized persons in, on and/or over the Property.
t% 2 Access. Entrances to the Property shall be open to the general public within reasonab
hours as designated by the Association and approved by the City. The Association sh
not permit any discrimination in its operation of the PTOject because of race, color, se
religion, national origin, physical handicap or disability. I
3.3 Utilities. The Association shall be responsible for providing and/or furnishing all utilities
to the Property and any and all improvements located thereon and shall bear any and all
expenses of any kind or nature for the providing of same to the Property and the
utilization of same in connection with the operation of the Project. Such utilities shall
include, without limitation, water, telephone, electricity, gas, power, sewage disposal and
rubbish removal. City will provide adequate notification of expected costs.
3.4 Taxes. The Association shall pay and discharge all charges, including without limitation,
personal property taxes, gross receipts taxes, general and special assessments, and other
charges of similar nature which may be levied or assessed against the Property, the
Project, and/or any activity contemplated by this Agreement, if any.
3.5 Prohibition on Encumbrance. The Association shall not encumber any interest in t
license granted herein, the Property, the improvements described herein, and/or th
Agreement, in any way, manner or form, including, but not limited to, by deed of tru
mortgage or any other security instrument. I
Further, (he Association shall not cause or permit any mechanic's liens or any other liens
to be filed against the license granted herein, the Property, the improvements described
herein, and/or this Agreement by reason of any work, labor, services, or materials
supplied and/or performed or claimed to have been supplied and/or performed to, by ot
for the Association or any contractors or subcontractors of the Association.
2023037496 Page 4 of 14
3.6 City Right of EnLry. Nothing contained in this Agreement shall be construed to prohibit,
upon reasonable notice to the Association, the right of entry by the City, in, on, ovet-
and/or across the Property, at any and all times, and for any and all purposes, and City
expressly reserves the right to enter upon the Property and any and all improvements
located thereon, subject to the conditions stated herein, to conduct any and all activities
the City deems necessary. The Association shall furnish to the City any and all key5
and/or instructions necessary to allow the City's right of entry reserved and/or describe4
herein.
3.7 Assistance by Ci1y. The City, at its sole discretion, may provide assistance to ths
Association in the operation of the Project, from time to time. The Association agrees ti
reimburse the City any and all costs associated with the provision of said services.
IV. Maintenance and Repair
4.1 -Maintenance and DutX to Repair. At all times during the term of this Agreement, t
Association shall keep and maintain, or cause to be kept and maintained, all building
and improvements, including, but not limited to, playground equipment erected and1l
located on the Property, and the landscaping, including, but not limited to lawns, grasse
flowers and flower beds, shrubs and trees, in a good state of appearance and repair, to
determined by the City, in its sole discretion, at the Association's sole expense.
4.2 Damajae or Destruction. If any building or improvement constructed and/or located on t
Property, including, but not limited to, the playground equipment, is damaged or
destroyed by fire, vandalism, or any other casualty, regardless of the extent of the dama
Or destruction, the Association must, within six (6) months from the date of the damage
or destruction, complete repair, reconstruction or replacement of the damaged or
destroyed building or improvement to the original condition of such building or
improvement. I
V. Termination
5.1 Termination by the Association. This Agreement may be terminated by the Association
during the ial term of this Agreement by delivering written notice of termination to th�
City not less than three hundred sixty-five (365) days before the effective date of
termination,
5.2 Termination by the City. This Agreement may be revoked at any time by the City, after
providing at least 180 one hundred eighty (180) days prior written notice to the
Association,
5.3 Upon termination, any improvements to the Property, at City's option exercised in
writing, will become the property of City and it is agreed that City will not reimburse the
Association for any costs expended for said improvements.
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Consideration
6.1 In consideration for o, a pay the City $10.00 and other good
and valuable consideration.
Nonassignability
granted7.1 The license in this Agreement is personal i the Association.
not assignable. Any assignment in violation of this Agreement will automatically
terminate the license. Notwithstanding theforegoing, 1consent of the City, The
Association be permitted to assign the Association'si Agreement
to any entity acquiringor portion of the Association'sf1" adjacent
Property i 1 Nr such assignee assumes the Association's obligations and rights granted
hereunderunder this Agreement, and the Association shall be released from any and all obligations
cr
RM
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wholeI The Association assumes full responsibility for its exercise of the license, and hereby
releases, relinquishes and discharges the City, its officers, agents and employees, from ail
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 the
Association's exercise of the license under this Agreement whether or not said claims,
demands and causes of action in or in
part are covered by insurance.
10.1 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 Williamsor
County, Texas. Venue for any dispute under this Agreement shall lie exclusively in th--.
courts of Williamson County, Texas.
91
2023037496 Page 7 of 14
Notice shall be mailed to the addresses designated herein or as may be designated
writing by the parties from time to time and shall be deemed received when sent posta
prepaid U.S. mail to the following addresses: I
LICENSOR: City of Round Rock
ATTN: City Manager
221 East Main Street
Round Rock, Texas 78664
LICENSEE: Concord at Brushy Creek Home Owners Association
8920 Business Park Drive, Suite 350
Austin, Texas 78759
IN WITNESS WHEREOF, this AGREEMENT is executed on this of
,2023.
9
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By: L A5 ACEPt W, JfIVOY c"LK 146A
V 6)ILIA)
Title: VV I n 6 eQJ
Date: -3
I —IgLl ® )
STATE OF
COUNTY 017:jjU.!J5
Given my hand and seal of office on this the day of A?61 2023.
BRIDGET S MARTIN Y"
&e� Notary Public. State of Tex 1
z
ti Z Comm Expires 10-24-202 Notary lic, State of
Notary ID 126060841
3 01 W. Bagdad Ave., Suite 2 10
Round Rock, TX 78664
A-
2023037496 Page 9 of 14
By:
y, ity Manager
Date.
6 4 1144 6 1 A 0
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this day of 2023,
by lhzay* Hadley, City Manager of the City of Round Rock, in the capacity and fo, the purposes
and consideration th��' �'� dicat.
MoNIQUEADAMS
M NowyID0126W03
Mamh 22.2026 Signature
Printed Name
Notary Public, State of Texas
a
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RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation
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0'- City of Round Rock
I ROUND ROCK
TT-YUAN5 Agenda Item Summary
Agenda Number:
Title: consider executing a License Agreement with Brushy Creek Home Owners
Association for a construction of a community playground at Kenney Fort Section
1, Block A, Lot 1, Round Rock, Texas.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/5/2023
Dept Director: Brad Wiseman, Director of Planning and Development Services
Attachments: LAGRBrushy
Department: Planning& Development Services
Text of Legislative File CM-2023-095
The license agreement is to allow for the existing Brushy Creek HOA to construct, install, maintain, and
make other improvements to the community playground. This agreement establishes responsibility of
ownership and maintenance of this structure to be that of the HOA (Concord at Brushy Creek).
City of Round Rock Page 1 of 1
2023037496 Page 14 of 14
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2023037496
Pages: 14 Fee: $78.00
05/09/2023 01- 41 PM
LMUELLER
1 AST40f
F�
Gti,
Nancy E. Rister, County Clerk
Williamson County,Texas
r
1
Agenda Number:
Title: Consider executing a License Agreement with Brushy Creek Home Owners
Association for a construction of a community playground at Kenney Fort Section
1, Block A, Lot 1, Round Rock, Texas.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date:.5/5/2023
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: LAGRBrushy
Department: Planning & Development Services
Text of Legislative File CM-2023-095
The license agreement is to allow for the existing Brushy Creek HOA to construct, install, maintain, and
make other improvements to the community playground. This agreement establishes responsibility of
ownership and maintenance of this structure to be that of the HOA (Concord at Brushy Creek).
Address: Forest Creek Drive and Kenney Fort Crossing
Cityof Round Rock Page 1 of 1