Loading...
CM-2024-126 - 4/19/2024ELECTRONICALLY RECORDED 2024030518 Williamson County, Texas Total Pages: 15 LICENSE AGREEMENT TAE STATE OF TUXf,`kS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON o� This Agreement is made 01111".1 day o 2024, by and between the CITY OF ROUND ROCK, TEXAS a Texas home rule municipali whose address is 221 East Main Street, Round Rock, Texas 78664 (hereinafter "Licensor"), and AVERY CENTRE EAST HOMEOWNERS ASSOCIATION, INC., a Texas nonprofit corporation whose mailing address is 11950 Jollyville Road, Austin, Texas 78759 (hereinafter the "Licensee"). Whereas, Licensor is the owner of the real property (hereinafter, "Property") in the Ciis if Round Rock, Williamson County, Texas, which is public right-of-way, specifically Colorz 5,rive, as depicted in Exhibit "Aattached hereto and incorporated herein; and Whereas, Licensee desire to exercise certain rights and privileges upon the public right of -ways located within the Property; and I 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 repas landscaping and irrigation improvements, as depicted in Exhibit "A," subject to conditions recited herein, i f..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 subsequen) 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. R 2024030518 Page 2 of 15 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. 111. Nonassign ability 3.1 The license granted t o assignable. r' Notwithstandingthe license. foregoing, shall be Agreementi any entity acquiring all or a portion of Licensee's property adjacent to the Property or a property owners associationrr provided such assignee assumes Licensee's obligations and rights gr shall be released fi-om any and all obligations r I. Terminable at Will terminable4. 1 This Agreement is by either party at will by the giving of actual notice to the other party. Upon tennination, any improvements to the Property, at Licensor's option exercised in writing, will become the property of agreed will not reimburse Licensee for r a for said i COMPLY5.1 LICENSEE SHALL r OF APPLICABLE LAWS, RULES AND REGULATIONS,AND SHALL INDEMNIFY i HOLD HARMLESS LICENSOR, ITS OFFICERS,1; EMPLOYEES'i 1 AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, OF i OF iCOURT COSTS,1 r' FOR INJURY TO OR DEATH OF PERSON, OR FOR DAMAGE TO ANY PROPERTY, CONNECTION OF 1 • UNDER THIS EXCEPT r i i. i. r AGENTS r ., EMPLOYEES,OF MISCONDUCT OF CONTRACTOR'S NEGLIGENT OR OF r 1 2024030518 Page 3 of 15 LTA 111;n 6.1 Licensee assumes full responsibility for its exercise of the license, and hereby releas relinquishes and discharges Licensor, its officers, agents and employees, from all clai demands, and causes of action of every kind and character, including the cost of defen thereof, for any injury to, including death, of any person (whether they be third perso contractor, or employees of either of the parties hereto) and any loss of or damage 0! property (whether the same be that either of the parties hereto or of third parties) caus I by or alleged to be caused, arising out of, or in connection with Licensee's exercise of JtF. license under this Agreement whether or not said claims, demands and causes of action whole or in part are covered by insurance. I 7-1 This Agreement shall be construed under and accord with the laws of the State of Tex and all obligations of the parties created hereunder are performable in Williams t County, Texas. Venue for any dispute under this Agreement shall lie exclusively in ji courts of Williamson County, Texas. 8.1 Notice shall be mailcd to the addresses designated herein or as may be designated j 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 B= 4 1 "Tom LICENSEE: Avery Centre East Homeowners Association, Inc. 11950 Jollyville Road Austin, Texas 78759 2024030518 Page 4 of 15 Title: Date: IN WITNESS WHEREOF, this AGREEMENT is executed on this day of 2024. % I DI 111"Ll 10491 BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally appeared . ..... sta-C&&:4 '-R4'e' (Name), tQ�� Uitle) of AVERY CENTRE EAST HOMEOWNERS 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 day of -F:9,bvc&,q&.r2024. Dina Allen Kidd My Commlasion Explres 71312026 N43tary 10 131629861 301 W. Bagdad Ave., Suite 2 10 Round Rock, TX 78164 Notary Public, State of Texas a 2024030518 Page 5 of 15 By: idj- Laurie Hadley, City Manager Date: B1 119MA I MON I ffltqwlw•�. COUNTY OF WILLIAMSON This instrument was acknowledged before me on this -&tty of 2024, by Laurie Hadley, City Manager of the City of Round Rock, in the capacity and for the purposes and consideration therein indicated. MONIQUEADAMS `0 My " ID # 126257913 Signature Wms Mareh 22,2026 4q0(Aj( amm7m, r �- R1 2024030518 Page 6 of 15 r14 4WD THE 11 111 r c I'llo L Ch c 6 c E" 2024030518 Page 7 of 15 004 I CR 112 (VARVAU VRD'M ROW) I-JIVI JH3J VPV am w MATCHLINE - SEE I- mtr� 30 =n Wfto* vm 140 "m MWO 2024030518 Page 8 of 15 IA Kim e P i i 1 6 oil 2024030518 Page 9 of 15 SNVId 1N�kN3AQ1AdVY1 IdV21MY1 Z 3SVRd 15V� lHiNA-3AAAAV . . . . ... ......... .... ........................................ 1'133HS W�01*14 NO fm mom -IPA I jr Ar 7. a I- jrfP±J ..... . Ar IW Ej t7 TV, m W1, 2024030518 Page 16 of 15 2024030518 Page 11 of 15 SML SW31 '40V ONnad SNV1d1N3VM3A0HdV413dv35aw Z 3SVHd ISV3 RIND AU3AV ---------- - --------------- . . ................ . . f millL J F r, IRhas R1 2024030518 Page 12 of 15 aj T WEIN 1 1 (Yd'®) WGeCPEe<OL 'on JDO1 '®el'AtN —,: eev6e x Mu d m eaevd AROWOm v g 1 eo \ gn \ �9 Y 1113 .00 \ a R HI � @P NOW ed[ 43A76 r�p'ASY P P I 0000 �aa�oa�a o��o 8009E 00�0� d z ®� ® URA ® +a as a Y n b NOR:!, 2024030518 Page 13 of 15 2024030518 Page 14 of 15 I 2024030518 Page 15 of 15 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2024030518 Pages: 15 Fee: $105.00 04/18/2024 12.20 PM CFIRESTONE 1 AST40f F� Gti, Nancy E. Rister, County Clerk Williamson County,Texas