CM-2015-662 - 1/30/2015City of Round Rock
"Oxus Agenda Item Summary
Agenda Number:
Title: Consider excuting a License Agreement for installation of decorative street
lights and electrical conduit with Taylor Morrison of Texas, Inc, related to
Vizcaya Parkway, Caruso Lane, Unviersity Boulevard and Lunata Way.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 1/30/2015
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: License Agreement - Vizcaya lights
Department: Planning and Development Services Department
Text of Legislative File CM -2015-662
The purpse of the License Agreement is to allow decorative street lights and electrical conduit in the right of
way within the streets of Mzcaya Parkway, Caruso Lane, University Boulevard, and Lunata Way.
The recommended action is to approve the license agreement.
CW.f R..d Roe1 Paye 1 Panted. 1854015
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCILICITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Planning & Development SeMoes Project Name: License Agreement
Project MgARe source: Krems Fitzgerald Contractonvendor: Taylor Morrison of Texas, Inc.
Council Action:
ORDINANCE RESOLUTION
xx City Manager Approval
Attorney
CMA Wording
Consider executing a License Agreement for installation of decorative street lights and electrical conduit with Taylor Morrison of
Texas, Inc. related to Vizcaya Parkway, Caruso I are, University Boulevard and Lunata Way.
O:\wdox\SCCInts\0140\1501WUNICIPAL\00327456.XLS Updated 8/3/08
LICENSE AGREEMENT
This Agreement is made this .lZ day of �11,h1rn w^T, 20� 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
(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 Vizcaya Parkway, Caruso Lane, University Boulevard
and Lunata 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
1.1 Licensee shall have the right to install decorative street lights and electrical conduit in,
over, and upon public rights-of-way 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 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 farther 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.
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11. 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 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
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:
CITY: City of Round Rock
ATTN: City Manager
221 East Main Street
Round Rock, Texas 78664
{
COMPANY: Taylor Morrisonjexas, Inc.
11200 Lakeline Blvd., Ste. 150A
Austin, Texas 78717
IN WITNESS WHEREOF, this AGREEMENT is executed on this 1q day of
20_?5.
(Signatures on the following page)
3.
OWNERS
Taylor Morriso"04rexas, Inc.
By: W&�
Adib R. Khoury, President
Date: / - 8' 1�5—
CITY OF ROUND ROCK, TEXAS
By - (/IVU
Laurie Hadle , City Mana
Date: 30
STATE OF-rrXA-S
COUNTY OF-reAV15
S
This instrument was acknowledged before me on ty�is Pi fl J
day of &,,a 0-r , 2014
by Adib R. Khoury, Vice President of Taylor MorrisodH"I'exas, 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 HA 11
�,{p R`:_ Notary Public L01f
My CommissiNot Publ' in and for the tate fOctober0
4.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
anis
This instrument was acknowledged before me on this -�i( day of
by Laurie Hadley, City Manager of the City of Round Rock, in the capacity and forth purposes
and consideration therein indicated.
r. Ed
Notary Public in and for the State of Texas
2010
SARIDON CHAMBLE55Notary PublM.Yic.StateOf Tams MY Commisabn Expires
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