CM-2023-226 - 10/6/2023ELECTRONICALLY RECORDED 2023085181
Williamson County, Texas Total Pages: 7
LICENSE AGREEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
,jj�
This Agreement is made this —day of J }` 1 (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 AVERY CENTRE MASTER
ASSOCIATION, INC., a Texas nonprofit corporation, whose mailing address is P.O. Box
203310, Austin, Texas 78720 (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 right-of-way, specifically Avery
Nelson Parkway, 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 -fa �ows:
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 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 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 for this license, Licensee shall pay Licensor $10.00 and other good and
valuable consideration.
III. 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.
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VI. Release
6.1 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.
VU. 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.
VIH. 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 postage
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: Avery Centre Master Association, Inc.
P.O. Box 203310
Austin, TX 78720
[Signature pages to follow.]
3.
2023085181
Page 4of7
TN WI WHEREOF, this AGREEMENT is executed on this day
LICENSEE:
AVERY CENTRE MASTER ASSOCIATION, INC.
a Texas nonprofit corporation
By: 0"&�
Title..
Date:, Ty+� �E n 2. L' . 0,17
ACKNOWLEDGMENT
STATE OF 5
COUNTY OF fA), L L , .aA/
of
BEFORE ME, the undersigned, a notary public in and for said county and state, on this
day personally appeared ilho X. ,A✓r42q—xz (Name), HAWdHiji (Title)
of AVERY CENTRE MASTER ASSOCIATION, 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 LS day of c�)R.n Nej,--,1ber, 2023.
After executing, please return to:
Planning and Development Services
301 W. Bagdad Ave., Suite 210
Round Rock, TX 78664
Notary Public, State of Texas
4.
MEL%ATRMSTRONG ROMER
NOTAHYPI�BLfC
M# 133825182
State of Texas
''•£y4`' Comm- Exp. 06-22-2026
2023085181 Page 5 of 7
LICENSOR:
City of Round Rock, Texas
By:
rCity Manager ,
Date: jd✓ >�
ACKNOWLEDGMENT
THESTATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this day ofW' - C`;-- , 2423, .
by Laufie4ledley, City Manager of the City of Round Rock, in the capacity and for the purposes
and consideration th in indicated.
r moNiQ1lEADAMS
My Notary tl]_# 126257913
J•. b- ,mac•`Li2M
y• ice`
5.
ignature ]
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Printed Name
Notary Public, State of Texas
2023085181 Page 6 of 7
Exhibit "A"
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2023085181 Page 7 of 7
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2023085181
Pages- 7 Fee: $50.00
10/11 /2023 03.13 PM
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Nancy E. Rister, County Clerk
Williamson County,Texas