CM-2014-498 - 8/22/2014City of Round Rock
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Agenda Item Summary
Agenda Number=
Title: Consider executing a license agreement with Somerville at Warner Ranch
Homeowners Association related to front entry landscaping and signage_
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 8/22/2014
Uept Uirecto r: Brad wseman, Planning & E:) eIopment Services Doirector
Cost: $0.00
Indexes:
Attachments: LAV - Warner Ranch_pdf, License Agreement Amandement - Owners
Signature.pdf, Cancellation letter for previous LA_pdf
Department: Planning and development Services department
Text of Legislative File CM -2014-498
Consider executing a license agreement with Somerville at Warner Ranch Homeowners Association
related to front entry landscaping antl signage.
The purpose of this License Agreement is to replace an existing License Agreement (CM -2014-354) to
change the ownership to the Homeowners Association. This agreement shall continue to allow the
installation of landscaping and irrigation within the city rights-of-way of Warner Ranch E3riv within Warner
Ranch Phase 11 Section 1 _
The recommended action is to approve the license agreement.
C/fy of Round RocK Page 1 PNotad o0 8/t 4J20'I4
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Planning & Development Services Project Name: License Agreement
Project Mgr/Resource: Kamie Fitzgerald ContractorNendor: Somerville At Warner Ranch Homeowners Associaton
Council Action:
ORDINANCE RESOLUTION
Agenda Wording
City Manager Approval
UIVIA woraing
'onsider executing a License Agreement with Somerville at Warner Ranch Homeowners Association related to front entry
andscaping and signage.
Attorney Approval
ttorney
Notes/Comments
Date
O:\wdox\SCCInts\0114\1410\MUNICIPAL\00308759.XLS Updated 6/3/08
LICENSE AGREEMENT
'Phis Agreement is made this X day of 0A., 2014, by and between the CITY
OF ROUND ROCK, (hereinafter "Licensor"), a Texas home Merle municipality, and
SOMERVILLE AT WARNER RANCH HOMEOWNERS ASSOCIATION, INC. (hereinafter,
"Licensee", whether one or more).
Whereas, Licensor is the owner of the real property (hereinafter, "Property"), which is the
public right-of-way of Warner Ranch Drive as depicted as the hashed area in Exhibit "A",
attached hereto and incorporated herein; and
Whereas, Licensee desires to exercise certain rights and privileges upon public rights-of-
way located within the Property; and
Whereas, Licensor desires to grant Licensee certain rights and privileges upon public
rights-of-way within the Property; and
NOW, THEREFORE, it is agreed as follows:
License
1. licensee shall have the right to install, construct, operate, maintain, upgrade and
repair front entry landscaping and monument signage in, over, and upon public rights-of-way
located within the Property, as described in Exhibit "A," but not including that area consisting of
the paved road surface, curbs, sidewalks, or other public improvements.
It is understood that this Agreement creates a license only and that Licensee does not and
shall not claim at any time any interest or estate of any kind in the public rights-of-way located
within the Property by virtue of this license.
It is ftu-dier understood that before the installation of any of the current or subsequent
improvements listed in Section 1 above, Licensee shall present a detailed plan to the
Development Services Manager for review and approval. Approval of any plan shall be solely
within the discretion of the Development Services Manager.
It is further understood that Licensee must comply with all other requirements of the
Code of Ordinances of the City of Round Rock, Texas.
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.
308247 JR/mw
Consideration
2. In consideration for this license, Licensee shall pay Licensor $10.00 and other
valuable consideration paid by Licensee to Licensor.
Nonassignability
3. This license granted in this Agreement is personal to Licensee or any other property
owners association created to maintain Licensee's improvements. This Agreement is not
assignable. Any assignment of this Agreement will automatically terminate the license.
Notwithstanding the foregoing, Licensee shall be permitted to assign Licensee's license under
this Agreement for any entity acquiring all or a portion of Licensee's property adjacent to the
Property 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.
Terminable at Will
4. This Agreement is terminable by either party at will by the giving of actual notice to
the other- party. Upon -termination, any improvements to Property will become the property of
Licensor and it is agreed that Licensor will not need to reimburse Licensee for any costs
expended for said improvements.
Indemnity
5: 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.andall 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.
Release
6. Licensee assumes fill 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 person (whether they be third persons, 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
9
whether or not said claims, demands and causes of action in whole or in part are covered by
insurance.
Venue
7. 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.
Notice
8. 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: Steve Norwood, City Manager
221 Fast Main Street
Round Rock, Texas 78664
LICENSEE: Warner Ranch Homeowners Association, Inc.
ATTN: Kevin Pape
10700 Pecan Park Blvd., Fourth Floor
Austin, Texas 78750
IN Wl NESS WHEREOF, this AGREEMENT is executed on this 2 day of
2014.
(Signatw•es on the following page.)
93
CITY OF ROUND ROCK
' •ti
ACKNOWLDEGEMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned, a notary public in and for said county and state, on this
day personally appeared Steve Norwood, as City Manager of the City of Round Rock, a Texas
Home Rule Municipality, on behalf of said municipality, 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 under_my handl and seal of office on this the ZZday of '2014.
rM SARA LEIGH WHITE
MY COMMISSION EXPIRES NOTARY PUBLIC in and for the State of
rNti July 11, 2016 Texas
4.
SOMERVILLE AT WARNER RANCH HOMEOWNERS
ASSOCIATION, INC.
Dat
STATE OF Ary §
COUNTY OF V " t I I G� §
BEFORE ME, the undersigned, a notary public in and for said county and state, on this
day personally appeared Kevin. Papc, President of Somerville at Warner Ranch Homeowners
Association, Inc., on behalf of said company, 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 under my hand and seal of office on this the S day of , 2014.
M4->74t'"�--.�STAGY M LAIN_
Notary Public, State of Texas
—" NOTARY PU IC in and for the State of
i My Commission Expires
May 29, 2015
After Recording, Please Return To:
City of Round Rock
Development Services Office
301 W. Bagdad, Suite 140
Round Rock, Texas 78664
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10700 Pecan Park Blvd., Suite 400
Austin, Texas 78750
(512) 345-4663
August 13, 2014
Kamie Fitzgerald
City of Round Rock
Round Rock, TX
Re: Warner Ranch Entry License Agreements
Dear Kam ie,
Continental Homes of Texas would like formally release the license agreements for the entry and right of
way for Warner Ranch Blvd. so that they may be placed into the name of the Somerville Homeowners
Association.
If you have any questions, please call us.
Best regards,
Richard Maier h10
Vice President
Continental Homes of Texas, L.P.
512-345-4663