CM-2023-167 - 7/28/2023ELECTRONICALLY RECORDED 2023064283
Williamson County, Texas Total Pages:10
LICENSE AGREEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
This Agreement is made this 107 day of fil023, by and between the CITY
OF ROUND ROCK, TEXAS a Texas home rule murk ipality, whose address is 221 East Main
Street, Round Rock, Texas 78664 (hereinafter "Licensor"), and KB HOME LONE STAR
INC., a Texas corporation whose mailing address is 10800 Pecan Park Boulevard, Suite 200,
Austin, Texas 78750 (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 public rights -of -ways, specifically along
Avery Nelson Parkway and Salerno Boulevard in the Salerno (Phase 5) Subdivision, as depicted
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
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 Licenser 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
Planning & Development Services Director for review and approval. Approval of any
plan shall be solely within the discretion of the Planning & Development Services
Director.
1.4 11 is further understood that Licensee must comply with all other requirements of the
Code of Ordinances of the City of Round Rock, Texas.
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20230"283 Page 2 of 16
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.
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 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 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.
2.
2023064283 Page 3 of 40
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,
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.
ViIl. 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 postabe
prepaid U.S. mail to the following addresses:
LICENSOR: City of Round Rock
ATTN: City Manager
221 East Main Street
Round Rock, Texas 18664
LICENSEE: KB Home Lone Star Inc.
10800 Pecan Park Blvd
Suite 200
Austin, Texas 78750
IN WITNESS WHEREOF, this AGREEMENT is executed on this
, 2023.
(Signature pages to follow.]
3.
day of
2023064283 Page 4 of 10
LICENSEE:
KB HOME LONE STAR INC.
By.
It-- i-- ---
Tiller.
Date: M&t jaiil.►
ACKNOWLEDGMENT
STATE pF -T
COUNTY OF Q
BEFORE ME, the undersigned, a notary public in and for said county and state, on this
day personally appeared (Name)ao. Q 1eti�,tiATitle} u-AQP w. *
of KB HOME LONE STAR 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 4rv% day of fy l , 2023.
W,.wj
- -
Public, S v ex88
a
After executing, please return to:
Planning and Development Services
301 W. Bagdad Ave., Suite 210
Round Rock, TX 78664
4.
2023064283 Page 5 of 10
LICENSOR:
City of Round Rock, Texas
BY:
ity�M�arlagcr
Date: a3
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF W ILLIAMSON
This instrument was acknowledged before me on this a day of , 2023,
=ndden
sriEtlhy,City Manager of the City of Round Rock, in the capacity a for the purposes
/nsideration herein indicated.
ll;Aj%,s A*1
Signature T y
f22.=]
i•III�INOftlrrIDS
Printed Name . �-
Notary Public, State ofTexas
2023064203 Page B of 40
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2023064283 Page 10 of 10
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2023064283
Pages: 10 Fee: $76.00
08/02/2023 03:26 PM
MBARRICK
Nancy E. Rister, County Clerk
Williamson County,Texas
City of Round Rock
J'ROUZND ROLK
xAgenda Item Summary
Agenda Number:
Title: consider executing a License Agreement with KB Home Lone Star, Inc. for the
installation, maintenance, repair of landscaping and irrigation improvements
along Avery Nelson Parkway and Salerno Boulevard.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7/28/2023
Dept Director:
Cost:
Indexes:
Attachments: LAGR2211-0001 Salerno Ph 5 - Executed Doc, LAGR2211-0001 Salerno Ph 5 - LAF
Department: Planning & Development Services
Text of Legislative File CM-2023-167
This is a license agreement to allow landscaping and irrigation in the City right of way (specifically Avery
Nelson Parkway and Salerno Boulevard) and the agreement clarifies responsibilities of the private owner
to maintain and repair the private encroachments as needed. The Transportation Director is agreeable to
the license.
City of Round Rock Page 1 of I