Contract - City of Round Rock v. Community Homeowners Association of Lake Fores, Inc. - 11/20/2025 Sheets & Crossfield, PLLC
ATTORNEYS AT LAW
309 East Main Street.Round Rock,TX 78664-5246
Phone 512-255-8877.fax 512-255-8986
John(&,,scrrlaw.com
October 28,2025
Via e-mail: matt(i0ttlaw roup.com
Matthew A.Harriger
State Bar No.24072765
matt(&bhlawgroup.com
Brady&Hamilton,Womack McClish
805 E. 32nd Street, Suite 200
Austin,Texas 78705-2529
Phone: (512)474-9875
Fax: (512)474-9894
Attorneys for Condemnee
Community Homeowners Association of
Lake Forest,Inc.
RULE 11 SETTLEMENT AGREEMENT
Re: City of Round Rock, Texas v. Community Homeowners Association of Lake Forest, Inc., A Texas
Non-Profit Corporation; Cause No. 21-0214-CCI; filed in the County Court at Law No. one of
Williamson County,Texas; Gattis School Road, Segment 6 project; Parcel 12.
Dear.Mr. Harriger:
This letter will serve as a Rule 11 Additional Compensation and Revocable License Agreement
("Agreement") between the City of Round Rock, Texas ("Condemnor") and Community Homeowners
Association of Lake Forest, Inc. (hereinafter "Condemnee"), (collectively the "Parties") as to the
following:
1. PURPOSE. The Parties enter this Agreement to provide for additional compensation in the
form of installation of underground conduit sleeves within Condemnor's public right-of-way,
to allow Condemnee to run private water irrigation lines and private electrical conduit lines
through the Lake Forest Dr. public right-of-way underground for the purpose of sign
illumination(pursuant to any sign permit) and sign landscaping irrigation(both subject to any
applicable regulation).
2. INSTALLATION OBLIGATION.
a. Condemnor's Obligation. As additional compensation, Condemnor shall, at its sole
cost and expense, install two four-inch (4") underground conduit sleeves ( hereinafter
referred to as "Sleeves") within Condemnor's public right-of-way at the intersection of
Lake Forest Dr. and Gattis School Road, at the approximate locations as depicted in
Exhibit "A" to this Agreement, provided such locations do not interfere with
Condemnor's facilities or operations. Condemnor will install the Sleeves in substantial
compliance with the specifications and notations as shown in Exhibit"A."
b. Specifications. The construction materials and installation of the Sleeves will be
constructed by Condemnor in compliance with Condemnor's engineering requirements.
The installation of the Sleeves will be accomplished at Condemnor's sole discretion in a
manner suitable for Condemnee's intended use.
c. Completion. The installation shall be completed within a reasonable timefiame, as
determined by Condemnor,after Condemnor completes its primary construction activities
within the public right-of-way.
3. REVOCABLE LICENSE TO USE SLEEVES
a. Grant of License. Condemnor grants Condemnee a perpetual,non-exclusive,revocable
license to use the area within the Sleeves ("License Area") for the limited purpose of
running electrical lines and irrigation lines across the public right-of-way for
Condemnee's benefit for sign illumination and associated sign landscaping irrigation. It
is understood that this Agreement creates a license only and that Condemnee does not
and shall not claim at any time any interest or estate of any kind in the public right-of-
way by virtue of this license.
b. Ownership. The Sleeves shall remain the property of Condemnor.
c. Limitations. Condemnee shall not use the License Area within the Sleeves in any
manner that interferes with Condemnor's facilities, violates applicable law, or imposes
additional safety risks. It is further understood that Condemnee must comply with all
other requirements of the Code of Ordinances of the City of Round Rock, Texas. It is
further understood that Condemnor has no duty to maintain,operate,replace,or repair the
License Area within the Sleeves, the Sleeves, or any improvements installed in the
License Area, including the payment of any fees of any kind associated with
Condemnee's use of said Sleeves. Condemnee shall keep the License Area in good
condition and repair and in a clean, orderly, and attractive condition during the term of
this Agreement.
d. Maintenance. Condemnee shall be responsible for the maintenance, repairs, damage,
and replacement of the Sleeves,License Area,and any improvements installed within the
Sleeves, after they are constructed by Condemnor at Condemnee's sole expense.
Condemnor shall not be responsible for such work. Any maintenance or repair(s) that
require any modifications to Condemnor's facilities, shall be approved in writing by
Condemnor prior to commencing the maintenance or repair(s).
e. License Area Use. Upon request by Condemnor, Condemnee agrees to provide
information, or drawings/plans, detailing the as-installed and/or as-built improvements
within the License Area.
f. Revocation and Termination.This license is terminable and revocable by either Party at
will by the giving of actual notice to the other Party. Upon termination, any
improvements within the License Area, at Condemnor's option exercised in writing, will
become the property of Condemnor and it is agreed that Condemnor will not reimburse
Condemnee for any costs expended for said improvements. Condemnee shall be
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responsible for any costs to reinstall the Sleeves, if requested by Condemnee, for the
purposes described herein, due to any future construction projects within Condemnor's
right-of-way. The relocation of the Sleeves due to future right-of-way projects shall be
subject to a new permitting/license review process to be initiated by Condemnee.
4. LIABILITY AND INDEMNITY. CONDEMNEE AGREES TO ASSUME ALL RISK OF
INJURY, DAMAGE, OR LOSS AND SHALL REMAIN SOLELY RESPONSIBLE FOR ALL
RISKS, DAMAGES, CLAIMS, LIABILITIES, LOSSES, COSTS, AND EXPENSES
(INCLUDING WITHOUT LIMITATION, CLAIMS FOR PERSONAL INJURY, PROPERTY
DAMAGE, OR ECONOMIC LOSS) ARISING OUT OF OR RELATED TO CONDEMNEE'S
OCCUPANCY, USE, MAINTENANCE, REPAIR, AND REPLACEMENT OF THE LICENSE
AREA AND SLEEVES AND/OR REMOVAL OR ISTALLATION OF IMPROVEMENTS
WITHIN THE LICENSE AREA. CONDEMNEE, FOR ITSELF AND ITS HEIRS,
SUCCESSORS,REPRESENTATIVES,TENANTS,INVITES,CONTRACTORS,LICENSEES,
AND ASSIGNS, HEREBY RELEASES, DISCHARGES, DEFENDS INDEMNIFIES, AND
HOLDS HARMLESS THE CONDEMNOR, TOGETHER WITH ITS OFFICERS,
EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS FROM AND
AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES, LIABILITIES,
JUDGMENTS, PENALTIES, FINES, COSTS, AND EXPENSES (INCLUDING
REASONABLE ATTORNEYS' FEES AND COURT COSTS) OF ANY KIND OR
CHARACTER, WHETHER ASSERTED BY CONDEMNEE, CONDEMNEE'S INVITEES,
TENANTS, CONTRACTORS, LICENSEES, OR ANY THIRD PARTY, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH CONDEMNEE'S OCCUPANCY AND/OR
ACTIVITIES REGARDING THE LICENSE AREA AND SLEEVES.
5. ADDITIONAL COMPENSATION. The Installation of the Sleeves and the grant of the
License described herein are acknowledged by the Parties as full and adequate additional
compensation to Condemnee, separate from the monetary compensation awarded in the
condemnation proceeding.
6. MISCELLANEOUS.
a. This agreement is subject to and contingent on final approval by the Round Rock City
Council,and signature by an authorized representative of the City of Round Rock,Texas.
b. Binding Effect. This Agreement shall run with the Property and be binding upon and
inure to the benefit of the Parties and their successors and assigns.
c. No Waiver. Except as expressly provided herein,nothing in this Agreement shall waive
or alter the Parties' rights or obligations under a condemnation judgment in the above
styled cause number.
d. Entire Agreement. This Agreement constitutes the entire agreement of the Parties with
respect to the matters described herein and may only be modified in writing signed by
both Parties.
e. Counterparts. This Agreement may be executed in multiple counterparts,each of which
shall be deemed an original, but all which together constitute one and the same
instrument.
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f. Venue. 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.
If this letter correctly sets forth the terms of our agreement and the settlement reached between
Condemnor and Condemnee, please indicate by having the appropriate person execute this letter in the
space indicated below and return it to my attention for filing with the Clerk.
Sincerely, �i
/- /
ohn L. Kelley
SBN: 24089109
lohn_ascrrlaw.com
Sheets&Crossfield,PLLC
Attorney for Condemnor
City of Round Rock, Texas
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AGREED AND AC ED:
Brent Hamilton
SBN: 00796696
brentabhlawgroo.com
Matthew A.Harriger
SBN:24072765
mattAbhlawgroup.com
Brady&Hamilton, Womack McClish
Attorneys for Condemnee
Community Homeowners Association of
Lake Forest, Inc.
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AGREED AND ACCEPTED:
COMMUNITY HOMEOWNERS ASSOCIATION OF
LAKE FOREST, INC
ql � ZMt-
Print/title: Jeff Bamett,President
Date: 10/29/2025
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AGREED AND ACCEPTED:
CITY OF ROUND ROCK,TEXAS
Print/title: I�
Date:
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EXHIBIT "A"
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POSSIBLE SIGN LOCATION
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