CM-2015-997 - 12/11/2015LICENSE AGREEMENT
Av,"eag-
This Agreement is made this 1� day of 3e4p 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 MERITAGE HOMES LLC, a Texas limited
liability company, whose address .is 8920 Business Park Dr., #350, Austin, Texas 78759
(hereinafter, "Licensee," whether one or more).
Whereas, Licensor is the owner of the real property (hereinafter, "Property"), which is the
public right-of-way within the streets of Kenney Fort Crossing and Forest Creek Dr., 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 and maintain (a) a monument sign, with associated
landscaping and irrigation, at the entrance of Kenney Fort Crossing at Forest Creek Dr.,
located 2.5 feet from the back of curb of Kenny Fort Crossing and 27.5 feet from the
back of club of Forest Creek Drive, and (b) landscaping enhancements with irrigation
along either side of Kenney Fort Crossing from the intersection of Forest Creek Drive to
the proposed bridge over Brushy Creek, a distance of approximately 900 linear feet,
located either between the back of curb and the sidewalk or between the sidewalk and the
right-of-way line, 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 time 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.
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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.
II. Consideration
2.1 . In consideration for this license, Licensee shall pay Licensor $10.00 and other good and
valuable consideration.
M. 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 tenninate
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 from 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
5.1 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
2.
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 pail are covered by insurance,
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:
CITY: City of Round Rock
ATTN: City Manager
221 East Main Street
Round Rock, Texas 78664
COMPANY: Meritage Homes LLC
8920 Business Park Dr., #350
Austin, Texas 78759
IN WITNESS WHEREOF, this AGREEMENT is executed on this -4 day of
oVON _ , 2015.
(Signatures on the following page)
911
LICENSEE
MERITA/GEE HOMES
-LLC
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By: iw-- (.vz -
CLlfr ol-NWFJ as Dyrs/a j
Date:
LICENSOR
CITY OFROUND ROCK, TEXAS
By:A=
Laurie Hadley, C' y Manager
Date:
ACKNOWLEDGMENT
STATE OF �J
COUNTY OF t"4 _ //
his instrument was ackn4 ledged before me on this I` PY day of �,�, 2015,
i
by auie-cm emr,-, as 401slao est of Heritage Homes LLC, 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]
E M. COPELANDPublic, State of Texasommission Ezpiresune 25, 2017
a
Notary Public, State of
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON yy�y�
This instrument was acknowledged before me on this 1l�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. Al VA
�>ruVb
Signature
SARA LEIGH WHITE Yh bi(
MY COMMISSION EXPIRES
Printed Name
July 11, 2016
Notary Public, State of
5.
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NORTH SCALE:1"=
/—HATCHED AREA FROM SIGNAGE TO
BRIDGE TO BE INCLUDED IN
LICENSE AGREEMENT., WILL INCLUDE
LANDSCAPING AND IRRIGATION
Note: All irrigation will require a permit before installation.
EXHIBITSIG,NAGE TO BE INCLUDED IN LICENSEAGR,EEMENT.. WILL INCLUDE SIGRAGE..\ LANDSCAPING AND IRRIGATIONNote: All irrigation will require a permit before installation.
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City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement for the right to install and
maintain landscaping, a monument sign, and irrigation by Meritage
Homes, LLC related to the intersection of Kenney Fort Crossing and
Forest Creek Drive, Round Rock, Texas
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 12/11/2015
Dept Director: Brad Wiseman, Director of Planning and Development Services Office
Cost:
Indexes:
Attachments: Kenney Fort - LA exhibit, Kenney Fort - LA
Department:
Text of Legislative File CM -2015-997
Consider executing a License Agreement for the right to install and maintain
landscaping, a monument sign, and irrigation by Meritage Homes, LLC related to the
intersection of Kenney Fort Crossing and Forest Creek Drive, Round Rock, Texas
Consider executing a License Agreement for the right to install and maintain
landscaping, a monument sign, and irrigation by Meritage Homes, LLC related to the
intersection of Kenney Fort Crossing and Forest Creek Drive, Round Rock, Texas
The recommended action is to approve the License Agreement to install and maintain
landscaping, a monument sign, and irrigation by Meritage Homes, LLC related to the
intersection of Kenney Fort Crossing and Forest Creek Drive, Round Rock, Texas.
City of Round Rock Page 1 Printed on 92/1012015