CM-12-01-011Item Caption:
cot_m_0(-011 RECEIVEIP
1t;L
City Manager Approval Form
Consider executing a license agreement for the Avery Centre Development.
Approval Date: January 20, 2012
Department Name: Planning and Development Services Department
Project Manager: Aneil Naik
Assigned Attorney: Charlie Crossfield
Item Summary:
This license agreement covers the unique developmental elements along Avery -Nelson Way. The Developer has agreed to
maintain all non-standard lightpoles, the raised concrete intersections, any landscaping, and any signage within the City
right-of-way. The license agreement gives the Developer the right to encroach City rights-of-way with the aforementioned items.
In addition, it also gives the City the right to repair or replace to City standards to ensure the safety of the general public (e.g. a
fallen Iightpole, a sidewalk failure, etc.) if the Developer does not repair or replace in a timely manner.
No. of Originals Submitted: 1
Project Name:
Cost:
Source of Funds:
Avery Centre
so
Select Source Fund
Source of Funds (if applicable): Select Source Fund
Account Number: N/A
Finance Director Approval: S. Carter for Cheryl Delaney
Date: 01/18/2012
Department Director Approval: Peter Wysocki, Director Date: 1.13.2012
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. **
CIP Budget 111 Purchasing Accounting a
N/A OK N/A OK N/A OK N/A OK
ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
REV. 6/20/11
111111111111111111111111111111111111
LICENSE AGREEMENT
11111111111111111111111 SGPGS
2012008916
This Agreement is made this Z day of N 4.^.1 , 2012, by and between the
CITY OF ROUND ROCK, (hereinafter "Licensor"), a Texas home rule municipality, and the
Avery Centre BerGe,
Inc., a Texas Corporation./�(hereinafter, "Licensee", whether one or more).
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Whereas, Licensor is the owner of the real property (hereinafter, "Property"), which is the
public right-of-way as depicted 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 and repair walls,
landscaping, irrigation, non-standard street lighting, decorative roadway intersection paving,
non-standard sidewalks, and non-standard accessibility ramps in, over, and upon public rights-of-
way located within the Property, as described in Exhibit "A".
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 further 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 Office Manager for review and approval. Approval of any plan shall be
solely within the discretion of the Development Services Office 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.
Consideration
2. In consideration for this license, Licensee shall pay Licensor $10.00 and other
valuable consideration paid by Licensee to Licensor.
00156216/CC
Nonassignability
3. This license granted in this Agreement is personal to Licensee, Avery Centre Master
Association, Inc., 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 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.
Release
6. 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.
Venue
2.
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:
CITY: City of Round Rock
ATTN: Steve Norwood, City Manager
221 East Main Street
Round Rock, Texas 78664
COMPANY: Avery Centre Master Association, Inc.
ATTN: John S. Avery, Sr, President
400 E. Main Steet
Round Rock, Texas 78664 2
WITNESS WHEREOF, this AGREEMENT is executed on this c?1Zb day of
, 2012
3.
CITY OF ROUND ROCK
By:
STEVE NORWOOD, City Manager
AAssoc/A-Poo/62.c.
By: �,
Prin ' ame: John S. Avery, Sr
Title: President
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 hand and seal of office on this the 3Ka) day of re.45 W X .,( . 2012.
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14: :j Notary Public, State of Texas
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STATE OF TEXAS
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned, a otary public in and for saj4 county and state, on this
day personally appeared , ._
of Wk./it , 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 51 day of 1) ' ? , 2012.
After Recording, Please Return To:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
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FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2012008916
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02/07/2012 04:18 PM
CPHELPS $32.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
CITY OF ROUND ROCK
221 EAST MAIN STREET
ROUND ROCK, TX 78664