CM-2015-894 - 9/11/2015II I 111111111II 111 111111111111111111 a PGSRGR 2015085078
LICENSE AGREEMENT
This Agreement is made this day of lune, 2015, by and between the CITY OF
ROUND ROCK, a Texas home rule municipality, whose address is 221 East Main Street, Round
Rock, Texas 78664 (hereinafter "Licensor"), and Taylor Morrison of Texas, Inc., a Texas
corporation, whose address is 11200 Lakeline Blvd., Suite 150A, Austin, Texas 78717 and
Heritage at Vizcaya Community Association, Inc., a Texas corporation, whose address is 7800
N. Dallas Parkway, Suite 450, Plano, Texas 75024 (hereinafter collectively, "Licensee").
Whereas, Licensor is the owner of the real property (hereinafter, "Property"), which is the
public right-of-way within the street of Fiore Trail as depicted by the shaded areas of 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:
I. License
1.1 Licensee shall have the right to install a 4' tall metal swing gate and accompanying
operations appurtenances located within the Property, in accordance with Exhibit "A,"
subject to all conditions recited herein.
1.2 It is understood that this Agreement creates a license only and that Licensee does not and
shall not claim at any iirne any interest or estate of any kind in the public rights-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
Development Services Manager for review and approval. Approval of any plan shall be
solely within the discretion of the Development Services Manager,
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.
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.
3eW20fr ---SIV
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 fiom 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
SA 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.
VI. Release
6.1 Licensee assumes 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 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 whether or not said claims, demands and causes of action in
whole or in part are covered by insurance.
2
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
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LICENSEE: Taylor MonisoritTexas, Inc.
11200 Lakeline Blvd., Ste. 150A
Austin, Texas 78717
LICENSEE: Heritage at Vizcaya Community Association, Inc.
7800 N. Dallas Parkway
Suite 450
Plano, TX 75024
cIN WITNESS WHEREOF, this AGREEMENT is executed on this 6 day of
2015.
(Signatures on the follom,ing page.
LICENSOR
CITY OF OUND ROCK, TEXAS
By: /�
Laurie Hadley, City Manager
Date: 0, if . ('�-
LICENSEE ok
Taylor�Morrison.Texas, Inc.
Michael Sla�fc , l��e.e`�-esida�.ii
Date:
LICENSEE
Her a izeaya Community Association, Inc.
By, av`
ke,kaaf 6[a k- , -Pre-,i4e�ci
Date: 7/n/�s
ACI04OWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this L day of �- 2015,
by Laurie Hadley, City Manager of the City of Round Rock, in the capacity and for the purposes
and consideration therein indicated.
� MONKKIE ADAMS
41WA MY COMMISSION EXPIRES
3 18, 2015
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Signature L ��
hAoti((D,q;e brnPrv,,k7�:
Printed Name
Notary Public, State of -Tu-vS
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ACKNOWLEDGMENT
STATE OF TEXA-5
COUNTY OF T)ekills
This instrument was acknowledged before me on this Ii' day,,�..of Ju (L4 2015,
by Agcltap-1 �lae(z V ceaeside-Atof Taylorrri
Moson�Texas, Inc. whose name is
subscribed to the preceding instrument, and acknowledged to me that he executed it for the
purposes and consideration expressed in it.
POLLY J. HAGERTY
Notary Public, State of Texas
My Commission Expires
October 03, 2017
STATE OF leXAS
COUNTY OF I RA-Vt5
Signature
Printed Nil6ne
Notary Public, State of %e.SCks
ACKNOWLEDGMENT
�T(h�i/s� instrument was ackn!o I dged before me on this I'7� day of J k� 2015,
byt tICrM10.E( IQCIG VYQSic�P�lt of Heritage at Vizcaya Comm ity Association,
Inc., whose name is subscribed to the preceding instrument, and acknowledged to me that he
executed it for the purposes and consideration expressed in it.
`:«•>�w POLLY J. HAGERTY
¢« Notary Public, State of Texas
MEOiMy Commission Expires
WOctober 03, 2017
9
Signature
Printed Natuid
Notary Public, State of LS
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FILED
AND RECORDED
OFFICIAL PUBLIC RECORDS 2015085078
Nancy E. Rister, County Clerk
Williamson County, Texas
September 28, 2015 11:31 AM
FEE: $41.00 TKIRK