CM-10-08-161111111111111111111111111111111
LICENSE AGREEMENT
This Agreement is made this
2010
by and between the CITY OF ROUND ROCK, (hereinafter
"Licensor"), a Texas home rule municipality, and the University
Village Master Association, Inc. (hereinafter, "Licensee",
whether one or more).
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day of
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2010056930
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, shrubs, trees,
irrigation, and signage 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, irrigation, or signage,
Licensee shall present a detailed landscaping plan, with
associated irrigation and necessary construction documents, to
the Development Services Office,(DSO) 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
011-io-o5-1101
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. 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.
2.
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.
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: University Village Master Association,
Inc.
c/o John Avery Jr.
221 W. 6th Street, Ste. 900
Austin, TX 78701
INITNESS WHEREOF, this AGREEMENT is executed on this
day of Fuue,+ , 2010.
CITY OF ROUND ROCK
3.
By:
JAM NUSE, City Manager
University Village Master Association,
Inc.
221 W. 6th St.., Ste 900
Austin, TX 78701
By: John Avery Jr.
Printed Name:
Title: pfec;;kgnr
4.
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
, 2010.
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
j7, " aVe ryi -0-?. f re'SiAev* t of University
Village Mastet Association, Inc., 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
1014t -
NOTARY PUBLIC in and for the
State of Texas
day of 7 -ita us
After Recording, Please Return To:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
CD C- y QC CR 0 \-4. %AARock
V O V\
RC>\ . v‘ -A• R c c 1 8 b (o l
5.
, 2010.
N.TARY PUBLIC in d for
the State of Texas
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2010056930
08/26/2010 08:39 AM
CPHELPS $32.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS