CM-2023-202 - 9/1/2023ELECTRONICALLY RECORDED 2023075003
Williamson County, Texas Total Pages: 10
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THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
This Agreement is made this taq— day of • 2023, 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 Ka 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
.if 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, Licensor desires to grant Licensee certain rights and privileges upon public
rights -of -ways within the Property; and
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 public right-of-way
located within the Property by virtue of this license.
'.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 th*
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 It is further understood (hat Licensee must comply with all other requirements of the
Code of Ordinances of the City of Round Rock, Texas.
2023075003 Page 2 of 16
L5 It is further understood that Licensor has no dutyto 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
.1 In consideration for this license, Licensee shall pay Licensor $10.00 and other good and
valuable consideration.
Nonassignability
3.1 The license A:in this Agreement ispersonal RLicensee. This Agreement
assignable. assignment► A Agreement
the license. Notwithstanding the foregoing, with the consent of the Licensor, Licensee
shall ► . ► ►i to assignLicensee's license under Agreement
acquiringn1 property adjacentProperty or 6►
owners„ i "►i to improvements provided
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
terminableI This Agreement is by party at will by the giving of actual noticeto the
other party.►otermination,► o Property, at Licensor'soption
exercised in writing, will become the property of Licensor and it is agreed
reimbursewill not for any costsexpended for
►_.ay►►i" dimprovements.
V. Indemnity
' i V4'
i ". : •M 1
M
2023075003 Page 3 of 10
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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 defensi-,
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 thr.
license under this Agreement whether or not said claims, demands and causes of action in.
whole or in part are covered by insurance.
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 perfonnable in Williamson
County, Texas. Venue for any dispute under this Agreement shall lie exclusively in the
courts of Williamson County, Texas.
I 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 posta&�
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: KB Home Lone Star Inc.
10800 Pecan Park Blvd
Suite 200
Austin, Texas 78750
4N WITNESS WHEREOF, this AGREEMENT is executed on this day of
2023.
0
2023075003 Page 4 of 10
KB HOME LONE STAR INC.
By-
Title:;d:Sr','-
STATE OF
COUNTY OF
BEFORE ME, the undersigned, a notmy public in and for said county and state, on this
k mm'wnqw-- W=M=Ml(N mel&:jL. IZ�Nj Iry X-;2T1h-1-e1 )IL
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 sea] of office on this the \2-�r� day of 2023.
TA A Bi EN, =51
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0 Public, S ISo exas
ME
301 W. Bagdad Ave., Suite 2 10
Round Rock, TX 78664
El
2023075003 Page 5 of 10
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R}.1-11� y Manager V
Date:•
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Signature 0
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Printed Name
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2023075003 Page 6 of 10
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2023075003 Page 10 of 10
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2023075003
Pages: 10 Fee: $78.00
09/07/2023 10.52 AM
OSALINAS
1 AST40f
F�
Gti,
Nancy E. Rister, County Clerk
Williamson County,Texas
ROUrdD RACK
TEXAS
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement with KB Home Lone Star Inc. for the
installation, maintenance, and repair of-andscaping and irrigation improvements
along Avery Nelson Parkway in the Salerno Phase 7 Subdivision.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/1/2023
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: AGR23-00002 - Salerno Ph. 7 - Executed Doc
Department. Planning & Development Services
Text of Legislative File CM-2023-202
This is an agreement that allows for placement of private landscaping and irrigation infrastructure in
City -owned right-of-way within Phase 7 of the Salerno subdivision (specifically on Avery Nelson Parkway).
This agreement assigns maintenance responsibility for this infrastructure to the developer of the
subdivision, KB Home Lone Star, Inc.
City of Round Rock Page 1 of 1