CM-09-05-098ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
CITY OF ROUND ROCK
MEMORANDUM
To: Mike Ussery, OnCourse Strategies
From: David Kautz, Assistant City Manager/CFO
Date: March 13, 2009
Re: Forest Creek Golf Course
******************************************************************
Mike,
The purpose of this Letter of Understanding is to summarize the responsibilities for maintaining and
operating the fountains at the water feature ponds near #12 tee box and #14. A license agreement
has been developed between the Forest Creek HOA and the City. The agreement is that the Forest
Creek HOA will continue to have responsibility for all aspects of the fountain in the pond at #12 tee
box. This letter stipulates and acknowledges that the golf course will continue to maintain a
reasonable water level in that pond and will periodically chemically treat the pond as needed to
diminish aquatic plant growth. The golf course will also have full responsibility for the pond on
#14, including the fountain. The golf course will operate the fountain as and when it desires and
will continue to maintain a reasonable water level and periodically treat that pond.. The landscape
irrigation system and tree lighting that are currently fed from the same electric meter as the fountain
will continue to be the responsibility of the HOA.
Please review this letter and the attached, proposed license agreement. If they concur with your
understanding of the maintenance aspects of this issue please indicate by signing in the
acknowledgement line.
If all parties concur with the details a signed copy of the license agreement and this letter will be
provided to you for your files.
Thanks for your help in clarifying and resolving this issue.
David Kautz
Assistant City Manager/CFO
ACKNOWLEDGED & AGREED:
Mike Ussery, President
OnCourse Strategies Golf, Inc. on behalf of CCA Silband/GolfCorp/Round Rock, Inc.
Date: March 23, 2009
LICENSE AGREEMENT
�Q
This Agreement is made this as r day of 1\f, , 2009, by and
between the CITY OF ROUND ROCK, (hereinafter "Li ensor"), a Texas home rule
municipality, and THE FOREST CREEK HOMEOWNER'S ASSOCIATION, (hereinafter,
"Licensee", whether one or more).
Whereas, Licensor is the owner of certain real property, which is as depicted in Exhibit
"A", attached hereto and incorporated herein (hereinafter, "Property"); and
Whereas, Licensee desires to exercise certain rights and privileges upon and within the
Property; and
Whereas, Licensor desires to grant Licensee certain rights and privileges upon public
property and rights-of-way within the Property;
NOW, THEREFORE, it is agreed as follows:
License
1. Licensee shall have the right to install, operate, maintain, upgrade, and repair a
fountain, landscaping, lighting and irrigation systems in, over, and upon the Property. Licensee
shall be solely responsible for the payment of any and all costs to repair, maintain, replace, and
operate the above-described improvements. Any aesthetic changes to said fountain must be
approved by the City in advance. Access for repairs, replacement, and maintenance should be
coordinated in advance with the City's designated golf course operator.
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 located within the Property by virtue
of this license.
It is further understood that Licensor has no duty to maintain, operate, replace, upgrade,
or repair any improvement made by Licensee in or upon the Property, including the payment of
any fees or other costs of any kind associated with any improvements.
It is understood that Licensor has entered into an Agreement with CCA
Silband/GolfCorp/Round Rock, Inc., the current manager of the City -owned Forest Creek Golf
Club, ("CCASBGCRR") whereby CCASBGCRR is required to maintain the Golf Course
property in accordance with standards specified in the agreement. Furthermore, CCASBGCRR
has agreed pursuant to a letter of understanding to maintain the existing Hole #12 pond on the
property at a reasonable water level and periodically treat the pond to maintain water quality.
In the letter of understanding CCASBGCRR also agrees to continue to operate and maintain the
pond located at the Hole #14 of the golf course, including assumption of all responsibility to
operate, repair and maintain the existing fountain at said pond. Licensee hereby releases any
rights of ownership it may claim to the fountain located at said pond. Licensee agrees to install
or have installed separate electric meter(s) that meter each party's electric requirements
forest_creek_license_agreement_March_5_(00155644-2)[1]/cc
Q 1c4
separately. Irrespective of the above, Licensor shall have no obligation to replace the existing
fountain in the event that said fountain is irreparable, in the sole opinion of the Licensor.
Consideration
2. In consideration for this license, Licensee shall pay Licensor $10.00 and other
valuable consideration paid by Licensee to Licensor.
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 by
Licensee to any entity other than such property owners association without the prior written
consent of Licensor. Any assignment of this Agreement without such consent will automatically
terminate the license. Notwithstanding the foregoing, 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 provided such assignee assumes Licensee's obligations and
rights granted under this Agreement, and upon such assignment and assumption 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 at least 30 days
advance written notice to the other party. Upon termination, any improvements to the 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, contractors,
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,
2.
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.
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
ASSOCIATION: Forest Creek Homeowners Association
ATTN:
IN WITNESS WHEREOF, this AGREEMENT is executed on this
, 2009.
CITY OF ROUND ROCK
By: i
J •i S R. NUSE, City Manager
3.
day of
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.
2009.
Given under my hand and seal of office on this the '�2j
GiU day of
SARA L. WHITE
1+' commissioN EXPIRES
July 11, 2012
4.
NOTARY PUBLIC in and for the State of
Texas
FOREST CRE K HOMEOWNER'S
ASSOCIA
By.
Printed
Title:
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 o Aok UcuA 11aN , Pas i d E1til- of Forest
Creek Homeowner's Association, on be if of said association, 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
2009.
After Recording, Please Return To:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
5.
q
day of
I
NOTAF I UB in and for the State of
Texas
MARY E DUKE
NOTARY PUBLIC
STATE OF TEXAS
MY COMM. EXP 8-10-2012
DATE: April 6, 2009
SUBJECT: City Manager Approval — April 10, 2009
ITEM: Consider a executing a license agreement with the Forest Creek HOA regarding
the responsibilities for maintaining and operating the fountains at the water
feature ponds near #12 tee box and #14 tee box.
Department:
Staff Person:
Justification:
Administration
David Kautz, Assistant City Manager/CFO
A license agreement has been developed between the Forest Creek HOA and the City. The
agreement is that Forest Creek HOA will continue to have responsibility for all aspects of the
fountain in the pond at #12 tee box. A letter of understanding sent to the golf course
management company stipulates and acknowledges that the golf course will continue to
maintain a reasonable water level in that pond and will periodically chemically treat the pond
as needed to diminish aquatic plant growth. The golf course will also have full responsibility for
the pond on #14, including the fountain. The golf course will operate the fountain as and when
it desires and will continue to maintain a reasonable water level and periodically treat that
pond. The landscape irrigation system and tree lighting that are currently fed from the same
electric meter as the fountain will continue to be the responsibility of the HOA.
Funding:
Cost: N/A
Source of funds:
Outside Resources: Mike Ussery, President of OnCourse Strategies Golf, Inc.
Background: N/A
Public Comment: N/A
RECORDED
DOCUMENT
FOLLOWS
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
1111111111111
1111111
11111111111
11111
11111
ill(
CITY OF ROUND ROCK
MEMORANDUM
MEM
6 PGS
2009046074
To: Mike Ussery, OnCourse Strategies
From: David Kautz, Assistant City Manager/CFO
Date: March 13, 2009
Re: Forest Creek Golf Course
**********************************:*******************************
Mike,
The purpose of this Letter of Understanding is to summarize the responsibilities for maintaining and
operating the fountains at the water feature ponds near #I2 tee box and #14. A license agreement
has been developed between the Forest Creek HOA and the City. The agreement is that the Forest
Creek HOA will continue to have responsibility for all aspects of the fountain in the pond at #I2 tee
box. This letter stipulates and acknowledges that the golf course will continue to maintain a
reasonable water level in that pond and will periodically chemically treat the pond as needed to
diminish aquatic plant growth. The golf course will also have full responsibility for the pond on
#14, including the fountain. The golf course will operate the fountain as and when it desires and
will continue to maintain a reasonable water level and periodically treat that pond.. The landscape
irrigation system and tree lighting that are currently fed from the same electric meter as the fountain
will continue to be the responsibility of the HOA.
Please review this letter and the attached, proposed license agreement. If they concur with your
understanding of the maintenance aspects of this issue please indicate by signing in the
acknowledgement line.
If all parties concur with the details a signed copy of the license agreement and this letter will be
provided to you for your files.
Thanks for your help in clarifying and resolving this issue.
David Kautz
Assistant City Manager/CFO
ACKNOWLEDGED & AGREED:
Mike Ussery, President
OnCourse Strategies Golf, Inc. on behalf of CCA Silband/GolfCorp/Round Rock, Inc.
Date: March 23, 2009
LICENSE AGREEMENT
1
This Agreement is made this day of , 2009, by and
between the CITY OF ROUND ROCK, (hereinafter "Lice or"), a Texas home rule
municipality, and THE FOREST CREEK HOMEOWNER'S ASSOCIATION, (hereinafter,
"Licensee", whether one or more).
Whereas, Licensor is the owner of certain real property, which is as depicted in Exhibit
"A", attached hereto and incorporated herein (hereinafter, "Property"); and
Whereas, Licensee desires to exercise certain rights and privileges upon and within the
Property; and
Whereas, Licensor desires to grant Licensee certain rights and privileges upon public
property and rights-of-way within the Property;
NOW, THEREFORE, it is agreed as follows:
License
1. Licensee shall have the right to install, operate, maintain, upgrade, and repair a
fountain, landscaping, lighting and irrigation systems in, over, and upon the Property. Licensee
shall be solely responsible for the payment of any and all costs to repair, maintain, replace, and
operate the above-described improvements. Any aesthetic changes to said fountain must be
approved by the City in advance. Access for repairs, replacement, and maintenance should be
coordinated in advance with the City's designated golf course operator.
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 located within the Property by virtue
of this license.
It is further understood that Licensor has no duty to maintain, operate, replace, upgrade,
or repair any improvement made by Licensee in or upon the Property, including the payment of
any fees or other costs of any kind associated with any improvements.
It is understood that Licensor has entered into an Agreement with CCA
Silband/GolfCorp/Round Rock, Inc., the current manager of the City -owned Forest Creek Golf
Club, ("CCASBGCRR") whereby CCASBGCRR is required to maintain the Golf Course
property in accordance with standards specified in the agreement. Furthermore, CCASBGCRR
has agreed pursuant to a letter of understanding to maintain the existing Hole #12 pond on the
property at a reasonable water level and periodically treat the pond to maintain water quality.
In the letter of understanding CCASBGCRR also agrees to continue to operate and maintain the
pond located at the Hole #14 of the golf course, including assumption of all responsibility to
operate, repair and maintain the existing fountain at said pond. Licensee hereby releases any
rights of ownership it may claim to the fountain located at said pond. Licensee agrees to install
or have installed separate electric meter(s) that meter each party's electric requirements
forest creek license_agreement_March_5_(o0155644-2)[1]/cc
c1\ -\l05- 4)
separately. Irrespective of the above, Licensor shall have no obligation to replace the existing
fountain in the event that said fountain is irreparable, in the sole opinion of the Licensor.
Consideration
2. In consideration for this license, Licensee shall pay Licensor $10.00 and other
valuable consideration paid by Licensee to Licensor.
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 by
Licensee to any entity other than such property owners association without the prior written
consent of Licensor. Any assignment of this Agreement without such consent will automatically
terminate the license. Notwithstanding the foregoing, 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 provided such assignee assumes Licensee's obligations and
rights granted under this Agreement, and upon such assignment and assumption 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 at least 30 days
advance written notice to the other party. Upon termination, any improvements to the 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, contractors,
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,
2.
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.
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
ASSOCIATION: Forest Creek Homeowners Association
ATTN:
IN WITNESS WHEREOF, this AGREEMENT is executed on this ab( day of
_, 2009.
CITY OF ROUND ROCK
By:
JA, R. NUSE, City Manager
3.
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.
2009.
frit ot,ii
Given under my hand and seal of office on this the day of
SARA L WH(TE
MY COMMISSION EXPIRES
July 11,2012
4.
NOTARY PUBLIC in and for the State of
Texas
STATE OF TEXAS
COUNTY OF WILLIAMSON
FOREST CREE OMEOWNER'S
ASSOCI I 0
Amway
1
dyr
Title: f L s
y:
Its:
By: J
Printed Na ' e:
BEFORE ME, the undersigned, a notary public in and for said county and state, on this
day personally appeared I iv. Vo.03 kc s.J , PrasIdQi1f of Forest
Creek Homeowner's Association, on behalf of said association, 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
2009.
After Recording, Please Return To:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
CITY OF ROUND ROCK -
ADMINISTRATION
221 EAST MAIN STREET
ROUND ROCK, TX 78664
5.
day of
NOTAR
Texas
UBLIC in and for the State of
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2009046074
06/29/2009 10:12 AM
SURRATT $36.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS