CM-2023-228 - 10/6/2023ELECTRONICALLY RECORDED 2023085119
Williamson County, Texas Total Pages: 11
LICENSE AGREEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
This Agreement is made *&Otf of by and between the CITY
OF ROUND ROCK, TEXAS a Texas home rule: mun cipallity, whose address is 221 East Main
Street, Round Rock, Texas 78664 (hereinafter censor"), and AVERY CENTRE EAST
HOMEOWNERS ASSOCIATION, INC., a Texas nonprofit corporation whose mang
address is 11950 Jollyville Road, Austin, Texas 78759 (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 -way, specifically Wallin
Bradley Drive, Amory Blaine Cove, Caleb Asher Loop, Liam Aurora Lane, Rose Archer Lane,
Violet Theo Lane, and Ophelia Levi Lane, as depicted in Exhibit -A," attached hereto and
incorporated herein; and
Whereas, Licensee desire to exercise certain rights and pfivileges. upon the public fights -
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
1.1 Licensee shall have the right to enter the Property to install, maintain, and repair
landscaping and irrigation improvements, as depicted in Exhibit "Asubject 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.
1.3 It is Further understood that before the installation of any of the current or subsequent
improvements depicted in Exhibit "ALicensee shail 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 It is further undcrstood that Licensee must comply with all other requirements of the
Code of Ordinances orthe City of Round Rock, Texas.
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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
.1 In consideration for this license, Licensee shall pay Licensor $10.00 and other good and
valuable consideration.
I1, Nonassignability
3.1 The license granted in this Agreement is personal to Licensee. This Agreement is not
Any o' .
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 License��
shall be released from any and obligations d., accruing after such assignment.
l 1f
4.1 This Agreement is terminable by either party at will by the giving of actual notice to th+
other patty. Upon termination, s a the Property, r 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
COMPLY5.1 LICENSEE SHALL , OF
APPLICABLE LAWS, RULES 1 REGULATIONS,'1 SHALL INDEMNIFY
1 HOLD HARMLESS LICENSOR, ITS OFFICERS,1
EMPLOYEESr 1 AGAINST ANY AND ALL CLAIMS, LOSSES,
DAMAGES, OF ACTION, EXPENSES OF LITIGATION, COURT
COSTS,1 r' FOR INJURY TO OR DEATH OF
PERSON, OR FOR DAMAGE TO ANY PROPERTY,' IN
CONNECTION OF 1
THIS AGREEMENT, EXCEPT FOR ACTS OF r• OR OFFICERS,
AGENTS OR EMPLOYEES,OR OF
MISCONDUCT OR
OF 1. CONTRACTOR'S1
NEGLIGENT OR OF r r
N
2023085119 Page 3 of 11
6A Licensee assumes 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.
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T1 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 tbTe
courts of Williamson County, Texas.
&I Notice shall be mailed to the addmsses 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 7861
LICENSEE: Avery Centre East Homeowners Association, Inc.
11950 Jollyville Road
Austin, Texas 78759
0
2023085119
Page 4 of 11
L.
IN WITNESS WHEREOF, this AGREEMENT is executed on this 41 day of
,04
Y� 52023.
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X IRC.
By:
Title:
STATE OF 1,0,�4rX5
COUNTY OF
therein expressed.
Given my hand and seal of office on this the 61 Otday of Au 2023
..... ESE TRAM
S Notary Public, State of TOX&a
Comm- ExPif0s 07AS-2020
Notary ID 13 18518&7
_K4
301 W. Bagdad Ave., Suite 2 10
Round Rock, TX 78664
Notary Public, State of Texas de
2023085119 Page 5 of 11
2061A
City of Round Rock —,Texas
By:
\C Mana er
Date:
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this Wkday of -,2023,
by;Au6o-ked4ey' City Manager of the City of Round Rock, in the capacity and for the purposes
and consideration the 6n indicatcd,,,"
Signature
IAONDJEADAMS
WNftyjD#j26W913
EVW MaO 22,20M Printed Name
......... . .....
Notary Public, State of Texas
a
Exhibit"N'
LEGEND
AREA TO E
AGREEMENT
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ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2023085119
Pages: 11 Fee: $66.00
10/11 /2023 02.12 PM
OSALINAS
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Nancy E. Rister, County Clerk
Williamson County,Texas