CM-09-04-050LICENSE AGREEMENT
eement is made this r
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This A = day of �, �tL:., , 2009, by and between the
CITY OF ROUND ROCK, (hereinafter "Licensor"), a Texas home rule municipality, and the
DDC RRTC GP, Ltd. (hereinafter, "Licensee", whether one or more).
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, upgrade, and
repair turf grass and irrigation 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 current or subsequent
landscaping, and irrigation Licensee shall present a detailed plan, with associated landscaping
and irrigation, to the Director of Planning and the Chief of Public Works Operations for review
and approval.
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, upgrade,
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
Nonassignable
3. This license granted in this Agreement is personal to Licensee or any 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
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.
2.
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: James R. Nuse, City Manager
221 East Main Street
Round Rock, Texas 78664
COMPANY: DDC RRTC, Ltd.
c/o Colby Dennison
3701 N, Lamar, Suite 206
Austin, TX 78705
IN WITNESS WHEREOF, this AGREEMENT is executed on this
-.i...-:
` � day of
2009
3.
CITY OF ROUND ROCK
By:
JAM .NUS , City Manager
DDC RRTC, Ltd.
3701 Lamar, Ste., 206
Austin, TX 78706
By:
Printed Name: 1b€ ' t S 0 .
Title: /ni111w14 tie) !Elia/064A
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 JAMES R. NUSE, 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 day of N l , 2009.
STATE OF TEXAS
SARA L. WHITE
MY COMMISSION EXPIRES
July 11, 2012
COUNTY OF WILLIAMSON
NOTARY PUBLIC in and for the State of
Texas
BEFORE ME, the undersigned, a notary public in and for said county and sate, on this
day personally appeared (AIN Defl1Sov' , 4' i zed. PCC
of DDC RRTC, Ltd., 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 thele) day of t` -)10:"C)--/ , 2009.
After Recording, Please Return To:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
4.
ARY PUBIC in and i'or the State of
Texas
Bluffs Landing Way License Agreement
Exhibit "A"
Area to be included in
the License agreement
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DATE: March 27, 2009
SUBJECT: City Manager Approval at the April 3, 2009 Staff Meeting
ITEM: Consider executing a License Agreement with DDC RRTC,
Ltd. for the right to install and maintain turf grass and
irrigation in the right-of-way of Bluff's Landing Way.
Department: Planning and Community Development
Staff Person: Jim Stendebach, Planning Director
Taylor Horton, Senior Planner
Justification: To beautify the City of Round Rock's residential
communities and public rights-of-way.
Funding:
Cost: None
Source of funds: None
Background Information:
The construction plans have been approved
by the Development Review Committee,
which includes the Planning Department and
the Engineering and Development Services
Department.
Public Comment: None required.