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
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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
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ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2024030518
Pages: 15 Fee: $105.00
04/18/2024 12.20 PM
CFIRESTONE
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Nancy E. Rister, County Clerk
Williamson County,Texas