CM-13-01-003LICENSE AGREEMENT
This Agreement is made this 3rd day of January, 2013, by and between the CITY OF
ROUND ROCK, (hereinafter "Licensor"), a Texas home rule municipality, and PAG WEST
LLC dba ROUND ROCK HYUNDAI (hereinafter, "Licensee", whether one or more).
Whereas, Licensor is the owner of the real property (hereinafter, "Property"), which is the
public right-of-way of 2405 N IH 35, Round Rock, Texas 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 and repair
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 of the current or subsequent
improvements listed in Section 1 above, Licensee shall present a detailed plan to the
Development Services Office Manager for review and approval. Approval of any plan shall be
solely within the discretion of the Development Services Office Manager.
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, or repair
any improvement in or upon the Property, including the payment of any fees of any kind
associated with any improvements.
RR Hyundai Irrigation License agreement - IRRC1212-0002/CC
Consideration
2. In consideration for this license, Licensee shall pay Licensor $10.00 and other
valuable consideration paid by Licensee to Licensor.
Nonassignability
3. This license granted in this Agreement is personal to Licensee or any other 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.
2.
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: Steve Norwood, City Manager
221 East Main Street
Round Rock, Texas 78664
COMPANY: PAG West LLC dba Round Rock Hyundai
7011 McNeil Drive
Austin, Texas 78729
IN WITNESS WHEREOF, this AGREEMENT is executed on this day of
, 20 .
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3.
ACKNOWLDEGEMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
§
§
§
CITY OF ROUND ROCK
STEVE NORWOOD, City Manager
BEFORE ME, the undersigned, a notary public in and for said county and state, on this
day personally appeared Steve Norwood, 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
4.
, 202
NOTARY PU .IC in and for the State of
Texas
LICENSEE
STATE OF S JJ'A
COUNTY OF 1&Ai§
BEFORE ME, the undersigned, a notary public in and for said county and state, on this
day personally appeared . 9,v0oe= dl) •,J , Gtm F F p.1 A4Ce41- ocrriCt
of w- s ^t- Ahn 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 the -I day of F u` (41 , 201.1
3
NOTARY PUBLIC
STATE OF NEVADA
S: p County of Clark
1 e i1 JESSICA WOOD•PRUDENTE 1
'
My Appt Expires Aug 12, 2014 Appt No 10.3176.1 I
After Recording, Please Return To:
City of Round Rock
Development Services Office
301 W. Bagdad, Suite 140
Round Rock, Texas 78664
ARY PUBLIC in and for the State of
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