CM-2024-230 - 9/6/2024ELECTRONICALLY RECORDED 2024072186
Williamson County, Texas Total Pages: 8
MAIIATERARCE AGREEfhEATTO-TTiA1l'-%TAII1
DEDICATED PARKLAND
FOR THE
AVEktV CE
The following MAINTENANCE AGREEMENT entered into by and among the CITY
OF ROUND ROCK, TEXAS (City) at 221 East Main Street, Round Rock, Texas 78664,
AVERY CENTRE DFVCO, INC, (Owner) at 2803 Pecos Street, Austin, Texas 78703, and
AVERY CENTRE MASTER ASSOCIATION, INC. (Association) at c/o Goodwin and
Company at 11149 Research Boulevard, Suite 100, Austin, Texas 78759, outlines and sets forth
the responsibilities and obligations of the Association regarding the operation and maintenance
of certain property that has been donated by deed to the City by the Owner as set forth herein.
WHEREAS, the Owner has donated to the City by Dedication Deed real property
described as Lot 3, Block A, Final Plat of Lots 1, 2, 3, 4 & 5 Block A Avery Centre South,
according to the plat thereof recorded in Document No. 2019103765, of the Official Public
Records of Williamson County, Texas (Property); and
WHEREAS, said Dedication Deed is recorded in Document No..20.113(p 210 (o
of the Official Public Records of Williamson County. Texas; and
WHEREAS, the Owner has established the Association to serve as the master
association for the Aura Avery Centre Apartment Project; and
WHEREAS, the City, the Owner and the Association desire to enter into this separate
maintenance agreement to provide that the Association shall be responsible for the maintenance
A f the Property, and
WHEREAS, parties agree that the above statements are not mere recitals, but are
contractual in nature;
The City, the Owner and the Association acknowledge and agree to the following ter
and conditions: I
1.1 Duty to Perform Maintenance. The Association shall have the duty and
jibligation to maintain the Property and fund all costs related to said maintenance of the Property,
which shall include any existing improvements or modifications to the Property.
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A W103M.U111 A11 1-11.1
2.1 Association Responsibilities. The Association shall 1e responsible for all t
obligations and duties applicable to it, as set forth in this Agreement. I
2024072186 Page 2 of 8
2.2 Owner's Duties and Responsibilities. In the event there is a period of Owner
control of the Association, the Owner will ensure that the Association is a properly functioning
organization sufficient to carry out the objectives and purposes for which it was formed or
organized. The Owner's duty set forth in this paragraph shall include a duty to ensure any
association organized by the Owner shall employ or otherwise, retain, contract with, or utilize
proper staff and personnel to carry out the purposes for which the association is created.
2.3 No Assumption of Liability. The City does not assume any liability or duty wi
regard to the Association and the City expressly disclaims any duty or obligation to develop
trganize an association or to take any action to ensure that any association is properly organiz
ir has sufficient personnel to properly operate an association organized by the Owner and ful
the duties set forth herein.
3.1 Insurance. The Association shall procure and maintain at it sole cost and
expense insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the use of the Property. The minimum Bodily Injury Limits shall be
$300,000 per occurrence and the Properly Damage insurance shall be $50,000 per occurrence.
All insurance contracts shall be in a form approved by the City and shall name the City as an
additional insured.
ART. 4.
4.1 Indemnification. The Association shall indemnify, defend, keep and ho
liarmless, the City, its agents, officials, and employees against all suits or claims of any ki
whatsoever arising out for or by reason of any negligent or willful act of the Association in t
performance of the Association's obligations set forth in this Agreement.
5.1 Termination. Should the Owner or the Association fail to fulfill any term or
condition of this Agreement, the City may provide the Owner and the Association with written
W, i7is� �17 �IfITTT TT 1XVC-44 -VJ:1 C-0 K17-1 1;7 1
notice that either: (1) such default will be cured within the thirty (30) day period; or (2) the
Owner or the Association wil I initiate good faith efforts to remediate and eliminate the defaulting
condition, the City may terminate this Agreement. If the Owner or the Association notifies the
City in writing that the Owner will commence to cure or correct a default within the thirty (30)
day period, the City will provide the Owner and the Association with a reasonable time to
complete such corrections or to cure such default.
2024072186 Page 3 of 8
5.2 City Remedies Due to Default. If the Owner and the Association fail to cure or
following remedies regardicss of whether the City terminates the Agreement:
a. The City may seek injunctive relief in any court of competent jurisdiction;
b. The City may sue the Owner for damages arising out of any default by the Owner
under this Agreement and the City may sue Association for any damages arising
out of any default by Association under this Agreement (and the prevailing party
in any dispute or litigation will be entitled to recover all of its costs and expenses
from the non-prcvang party); or
6.1 Entire Agreement. The entire agreement among the City, the Owner and the
Association with regard to maintenance responsibility of the Property is set forth within this
instrument. Any modcations or amendments to this Agreement must be in writing and
.7pproved by the City, the Owner and the Association. The parties expressly agree that no oral
agreements, statements, discussions or communications shall be effective in amending any
proon set forth within this Agreement.
6.2 Venue. Venue for any legal action to construe or enforce (he terms of this
Agreement shall lie exclusively in Williamson County, Texas.
6.3 Waiver. The waiver by the City of any breach of any provision of this Agreement
shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a
different provision of this Agreement.
6.4. No Representations. The Owner has not relied upon any representation by the
City, or by any agent, employee, representative, official, elected representative, or attorney of the
City in entering into this Agreement.
6.5. Time is of the Essence. As for any notice periods and time periods during which
the Owner must cure any identified defaults of this Agreement, time is expressly declared to be of
the essence in this Agreement.
6.6. Binding on Heirs and Assigns. All provisions of this Agreement shall extend to
and bind, or inure to the benefit not only of the parties to this lease but to each and every one of the
heirs, executors, representatives, successors, and assigns of each party to this Agreement.
6.7. Rights and Remedies Cumulative. The rights and remedies set forth within this
Agreement are cumulative and the use of any one right or remedy by either party shall not preclude
or waive its right to use any or all other remedies, Said rights and remedies are given in addition to
any other rights the parties may have 1y law, statute, ordinance, 1r otherwise.
2024072186 Page 4 of 8
6.8 Legal Construction. In case any one or more of the provisions contained in this
,,greement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provision hereof and this
agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been
contained herein.
2024072186 Page 5 of 8
CITY ' 1 ROUND ROCK,
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this day of ' -
2024, by Laurie Hadley, City Manager of the City of Round ock, in the eapacit and for the
purposes and consideration therein indicated.
m-
Signature
IvIov
Printed Na i
Notary Public, State of �-
2024072186 Page 6 of 8
`. '... 1' : : ;
This ow eMe. ebra me on this day of 15i'074W10 �L--
of Avery Centre D.,whose
name is z ` �° .'recedingd • e a` ,� d forthe purposes and consideration expressed in it.
Mys
moo:
io Signature
SPA94.a®r� D
"r i Printed e
oe
®0
NotaryPublic, State of
M
2024072186 Page 7 of 8
By,
Printe me: yoj�,L) 80�ill, 3a-
Its �p AIA-2410-
This instrument was acknowledged b f me on this day of
by 14 A, 5.4v" of Avery Cc-nirc Master 11 Ass I o ciat io I n, I I I n - c
whose name is subscrib�d to the preceding instrument, and acknowledged to me that he executed
it for the purposes and consideration expressed in it.
A
A
Signature
SPAIC 0
Printed Name
Notary PUblic, State of . ......... . ......
2024072186 Page 8 of 8
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2024072186
Pages- 8 Fee: $49.00
09/11 /2024 08.41 AM
PKINNE
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Nancy E. Rister, County Clerk
Williamson County,Texas