CM-2025-189 - 7/25/2025 REVOCABLE LICENSE AGREEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
. This Revocable License Agreement (hereinafter "Agreement") is made this .215 day of
J U , 2025, by and between the CITY OF ROUND ROCK, TEXAS a Texas home rule
municifality, whose address is 221 East Main Street, Round Rock, Texas 78664 (hereinafter
"Licensor"), and CND-DOUBLE CREEK LLC,- a Texas limited liability company, whose
address is 1111 North Post Oak Road, Houston,Texas, 77055 (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 Double
Creek Drive and Ray Berglund Boulevard as depicted by in Exhibit "A," attached hereto and
incorporated herein; and
Whereas, Licensee desire to exercise certain rights and privileges upon the public right-
of-way located within the Property; and
Whereas, Licensor desires to grant Licensee certain rights and privileges upon public
right-of-way within the Property; and
NOW,THEREFORE, it is agreed as follows:
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. Such improvements shall not be in contact with any electric,
water, sewer, or other utility, or equipment, or interfere in any way with such utility,
improvements and other property.
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
Public Works Director for review and approval. Approval of any plan shall be solely
within the discretion of the Public Works Director or his designee.
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.
LIC24-00002 Double Creek
CI) -2025 J gg
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.
1.6 Licensee, at its own expense, shall restore or cause to be restored the subject property to
as good a condition as existed prior to construction of the improvements which are the
subject of this Agreement. Licensee shall pay all costs of relocation of any public utilities
or facilities which may be incurred as a result of the proposed construction or actual
construction.
1.7 Licensee shall keep the License Area in good condition and repair and in a clean, orderly,
and attractive condition during the term of this Agreement. Licensee shall be responsible
for all maintenance of Licensee's improvements and shall repair any damage to the
licensed improvements, regardless of the cause of such damage, at Licensee's sole
expense.
1.8 Upon the lawful termination of a revocable license issued hereunder, in whatsoever
manner such termination may be made, Licensee and its heirs, assigns, successors and
representatives, bind and obligate themselves to restore the License Area to the original
condition as it existed prior to any construction, or to fulfill any other reasonable
conditions for the restoration of the License Area which may be acceptable to Licensor,
and should Licensee or its heirs,assigns, successors, or representatives fail or refuse to do
so within 90 days after such termination then in that event Licensor may do or have done
the work necessary for such purpose at the sole cost, risk, liability and expense of
Licensee,its heirs,assigns, successors, or representatives.
1.9 After the completion of construction within the License Area, Licensee shall at its own
cost and expense replace any sidewalks and the surface of any streets,driveways,etc.that
were, at the sole determination of Licensor, damaged or removed in the construction of
any structures or facilities, in a condition equally as good as they were immediately prior
to the time of excavation or construction, and all of such sidewalks, streets, driveways,
etc. shall be maintained in a good and useable condition for two (2) years after said
sidewalks or streets have been replaced, all subject to the approval of the General
Manager. All damage, if any, to said sidewalks and streets caused by the construction,
use, maintenance and operation by Licensee shall be repaired by and at the cost and
expense of Licensee. In the event Licensee fails or refuses to proceed with diligence with
the performance of any work in connection with the replacement, rebuilding or
resurfacing of streets, sidewalks, driveways, etc. within 30 days after receiving written
notice from Licensor, Licensor may do such work or cause same to be done, all at the
sole risk,cost, liability and expense of Licensee.
2.
II. Consideration
2.1 In consideration for this license, Licensee shall pay Licensor$10.00 and other good and
valuable consideration.
III. Non assignability
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.
VI. Release
6.1 Licensee assume 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,
3.
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.
VII. 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.
VIII. 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: CND-DOUBLE CREEK,LLC
1111 North Post Oak Road
Houston,Texas,77055
[Signature pages to follow.]
4.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this X day of
TU(y ,2025.
LICENSEE:
CND-DOUBLE CREEK,LLC
a Texas Limited Liability Company
By:DM WEEKLEY,INC.
a Delaware Co ►i ra'• ,Manager
Y�
B c �!
Name: N//26
Title: )/✓/ Pia.J /,aL,kl
ACKNOWLEDGMENT
THE STATE OF / P...t Ff6 §
COUNTY OF T/'a ✓t'S §
This instrument was acknowledged before me on this the j 14 a day of the month
of 3-
G.. u , 2025, by vid MiY_ (Name), DiV►sievi 1?'re,5itdet4,4-(Title) of
DM Week ey, Inc., a Delaware Corporation, in its capacity as Manager of CND-Double Creek, LLC, a
Texas limited liability company, on behalf of said limited liability company, known by me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed
the same as the act and deed of and on behalf of said entity and in the capacity and for the purposes and
consideration therein expressed.
•
Signature
f.,* ELIZABEM M.ROCKen- f /l
My Notary ID N 11323677 e-7 I-7 G artRb
As�;. `. '*1t NM Printed Name
Notary Public,State of 7
After executing,please return to:
Planning and Development Services
301 West Bagdad Avenue,Suite 210
Round Rock,TX 78664
5.
LICENSOR:
City of Round Rock,Texas
By:
r
Broo s Bennett, City Manage
Date: 7/2512.02
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this 5 day of Jtt�� , 2025,
by Brooks Bennett, City Manager of the City of Round Rock, in the capacit�and for the
purposes and consideration therein indicated.
t pd
\`,►a►►uuurrr Signature
"e)\-t1/4NA,,,,,,s�" g1an(a G06'
Bl P(J �'.; Printed Name
Notary Public, State of Texas
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LEGEND PHASE 3 o
-
LICENSE AREA D 75 150 NORTH aoo
FOR LANDSCAPE AND
IRRIGATION Illirll
SEC Planning,LLC LICENSE AGREEMENT EXHIBIT Scale:1'=150'Date:
February 11,2025
land Planning•landscapearchaecture•Community Branding s.�mmt rv,etar.vhecue..ur<wq.ry 11,2..do trod man
aUSTINpTEaAS DOUBLE CREEK Base mapping compiled from bat available information.All map dale
•
ROUND ROCK,TEXAS anpuld be tmabered as preliminary.co need of wMketion.and
subject lo change Thle land plan A conceptual in nature and does not
represent any regulatory approval.Plan is subied to change.
ELECTRONICALLY RECORDED 2025058636
Williamson County, Texas Total Pages: 8
REVOCABLE LICENSE AGREEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
This Revocable License Agreement (hereinafter "Agreement") is made this Z day of
_, 2025, 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 CND -DOUBLE CREEK LLC,- a Texas limited liability company, whose
address is 1111 North Post Oak Road, IIouston, Texas, 77055 (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 Double
Creek Drive and Ray Berglund Boulevard as depicted by in Exhibit "A," attached hereto and
incorporated herein; and
Whereas, Licensee desire to exercise certain rights and privileges upon the public right-
of-way located within the Property; and
Whereas, Licensor desires to grant Licensee certain rights and privileges upon public
right-of-way within the Property; and
NOW, THEREFORE, it is agreed as follows:
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. Such improvements shall not be in contact with any electric,
water, sewer, or other utility, or equipment, or interfere in any way with such utility,
improvements and other property.
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
Public Works Director for review and approval. Approval of any plan shall be solely
within the discretion of the Public Works Director or his designee.
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.
LIC24-00002 Double Creek
2025058636 Page 2 of 8
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.
1.6 Licensee, at its own expense, shall restore or cause to be restored the subject property to
as good a condition as existed prior to construction of the improvements which are the
subject of this Agreement. Licensee shall pay all costs of relocation of any public utilities
or facilities which may be incurred as a result of the proposed constriction or actual
construction.
13 Licensee shall keep the License Area in good condition and repair and in a clean, orderly,
and attractive condition during the term of this Agreement. Licensee shall be responsible
for all maintenance of Licensee's improvements and shall repair any damage to the
licensed improvements, regardless of the cause of such damage, at Licensee's sole
expense.
1.8 Upon the lawful termination of a revocable license issued hereunder, in whatsoever
manner such termination may be made, Licensee and its heirs, assigns, successors and
representatives, bind and obligate themselves to restore the License Area to the original
condition as it existed prior to any construction, or to fulfill any other reasonable
conditions for the restoration of the License Area which may be acceptable to Licensor,
and should Licensee or its heirs, assigns, successors, or representatives fail or refuse to do
so within 90 days after such termination then in that event Licensor may do or have done
the work necessary for such purpose at the sole cost, risk, liability and expense of
Licensee, its heirs, assigns, successors, or representatives.
1.9 After the completion of construction within the License Area, Licensee shall at its own
cost and expense replace any sidewalks and the surface of any streets, driveways, etc. that
were, at the sole determination of Licensor, damaged or removed in the construction of
any structures or facilities, in a condition equally as good as they were immediately prior
to the time of excavation or construction, and all of such sidewalks, streets, driveways,
etc. shall be maintained in a good and useable condition for two (2) years after said
sidewalks or streets have been replaced, all subject to the approval of the General
Manager. All damage, if any, to said sidewalks and streets caused by the construction,
use, maintenance and operation by Licensee shall be repaired by and at the cost and
expense of Licensee. In the event Licensee fails or refuses to proceed with diligence with
the performance of any work in connection with the replacement, rebuilding or
resurfacing of streets, sidewalks, driveways, etc. within 30 days after receiving written
notice from Licensor, Licensor may do such work or cause same to be done, all at the
sole risk, cost, liability and expense of Licensee.
II
2025058636 Page 3 of 8
II. 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.
VI. Release
6.1 Licensee assume 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,
3.
2025058636 Page 4 of 8
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.
VII. 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.
VIII. 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: CND -DOUBLE CREEK, LLC
1111 North Post Oak Road
Houston, Texas, 77055
[Signature pages to follow.]
4.
2025058636 Page 5 of 8
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this day of
2025.
LICENSEE:
CND -DOUBLE CREEK, LLC
a Texas Limited Liability Company
By: DM WEEKLEY, INC.
a Delaware Co ra ' , Manager
By;
Name:
Title:
ACKNOWLEDGMENT
THE STATE OF 1 �C
COUNTY OF �ia if 15
This instrument was acknowledged before me on this the q 4. day of the month
of :1w\Q _ ____, 2025, by DVia Aire.. (Name), jVi,+av 2. iaeIt(Title) of
DM Week ey, Inc., a Delaware Corporation, in its capacity as Manager of CND -Double Creek, LLC, a
Texas limited liability company, on behalf of said limited liability company, known by me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed
the same as the act and deed of and on behalf of said entity and in the capacity and for the purposes and
consideration therein expressed.
lu -44m�
" Signature
..1. ELlTABOW M. R( 'KETT
My NotAry ID N 1132%7'f
ExpUesA** 16, 2@X
After executing, please return to:
Planning and Development Services
301 West Bagdad Avenue, Suite 210
Round Rock, TX 78664
5.
- * /acke.�
Printed Name
Notary Public, State of
2025058636 Page 6 of 8
LICENSOR:
City of Round Rock, Texas
By: r
Brooks`Bennett, City Manage
r .
Date: p E
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this day of
by Brooks Bennett, City Manager of the City of Round Rock, in the capaci and for the
purposes and consideration therein indicated,
Signature
CA GIZ
..Q�pRY PUe••
1��;• :
Printed Name
_
Cj
Notary Public, State of Texas
9r ��
OF I 1
FS 3.15-
101
2025058636 Page 7 of 8
01
LEGEND PHASE 3 40
LICENSE AREA NORTFI
FOR LANDSCAPE AND 0 TS 150 304
IRRIGATION
Scale: V = 150' Date:
SEC Planning, LLC LICENSE AGREEMENT EXHIBIT February 11, 2025
tUnd, lananing � ly� 'ntlscapegArcgHecture . fnmmun�ty Branding s+SA ma ,t = 1 s int tt W. AJII. W data
ausriw�rexas DOUBLE CREEK e�a m®, �—, aVaaaae �ne�a,. a� d.n
ROUND ROCK. TEXAS ",,d ae ox,:udered as ¢r.IAw-y, M need W vedllC -, aim
a m w , T�. I ..d pvn m—caPaeal 1n naW.a and does mA
repmsenf a.ry r S;.W yap—* Pbn n s b,.d ro charms..
2025058636 Page 8 of 8
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2025058636
Pages: 8 Fee: $49.00
07/29/2025 11:13AM
KWEEMS
Nancy E. Rister, County Clerk
Williamson County,Texas