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CM-13-01-026ROUND ROCK, TEXAS PURPOSE. PASSION PROSPERITY Item Caption: DA -13-61-02(e RECEIVED JAN 241013 City Manager Approval Form Consider executing a license agreement with Round Rock RE Holdings, LLC to install, construct, operate, maintain, upgrade and repair trees and irrigation, in, over, and upon public rights-of-way within the nrnnArtv Approval Date: January 25, 2013 Department Name: Planning and Development Services Department Project Manager: David Bost Assigned Attorney: Charlie Crossfield Item Summary: This license agreement is necessary to allow for planting trees and irrigation in the right-of-way as required by Planned Unit Development (PUD) 84. The right-of-way on the eastern side of College Park Drive extends approximately 420 linear feet along the perimeter of the Prevarian - Cornerstone LTACH site. The landscape planting plan for the site has been reviewed and approved by Development Services Office as part of the Site Development Permit. No. of Originals Submitted: One Project Name: Cornerstone Round Rock Cost: N/A Source of Funds: Select Source Fund Source of Funds (if applicable): Select Source Fund Account Number: N/A Finance Director Approval: Cheryl Delaney Date: 1/23/13 Department Director Approval: Brad Wiseman, AICP, Interim Planning & Development Services Date: 1/18/13 **Electronic signature by the Director is acceptable. Please only submit ONE approval form per item.** CIP I17 I IJ Budget � ri Purchasing N/A OK N/A OK N/A OK Accounting N/A OK ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL REV. 6/20/11 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII AGR GS 2013009299 6 P LICENSE AGREEMENT This Agreement is made this qday of(Jt-h�% , 2413, by and between the CITY OF ROUND ROCK, (hereinafter "Licensor" a Texas e rule municipality, and the ROUND ROCK RE HOLDINGS, LLC, a Texas limited liability company. (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 College Park Drive 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 landscaping, including large trees, and 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. 00241042.i1OCJCC IL 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. i i 1 s 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: Round Rock RE Holdings, LLC ATTN: Jay Quintana, President 2200 Ross Ave., Suite 3060 Dallas, Texas 75201 IN WI SS WHEREOF, this AGREEMENT is executed on this Z day of ,20„ (Rest of this page left intentionally blank) 3. No Text CITY OF ROUND ROCK By: STEVE NORWOOD, City Manager ACKNOWLDEGEMENT 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 Steve Norwood, as City Manager of the City of Round Rock, a Texas Horne 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 27 day of .tits °';; SARA LEIGH WHITE • :*_ MY COMMISSION EXPIRES Vt tib'' July 11,2016 4. 4044,-ul�lz 2Q NOTARY PUBLIC in and for the State of Texas 1 F �, STATE OF TEXAS COUNTY OF WILLIAMSON § BEFORE ME, the uidersigned, a notary public in and for said county and state, on this day personally appeared ) A ► ©ti ; N+ A- , L `r i 111 eA 1t' of tZ„,,,l k ,5i#' �E alf o4 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 qday of 9.„„,k, , 2045 After Recording, Please Return To: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 1,1)W NOTARY PUBLIC in and or the State of Texas 5. �t�ar "rte MICHAEL W WALLACE My Commission Expires \\ July 10, 2016 t - r � ~uI 111 ri I 1 TITITUTrU SITTIRMT111) 11.11111 L11 tL.LLL(11.1±1.111 fl i t tilITL.flTfli T I 1 111" .t rn �1TMf rtriftrr 1111.10i LI1_101 l 1 LI L1.LLLL F EXHIBIT FOR LICENSE AGREEMENT PROJECT: PREVARIAN - CORNERSTONE LTACH • ABAKER-AICKLEN 5O7"7``"rr""'E & ASSOCIATES, INC. wawa tm�, so "I "Iusa 1a ..as.lL.. Ma.. 11 = EXHIBIT . PARK ,� A !DRAWN: BH REVIEWED: BH FIB ISSUED: BH DATE: 11.13.2012 RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. 1" =100'-0" P. iwM/t/M temrr 4+Mrn,/AWf W9 m W MM11h.%well..MiM11. J FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2013009299 E.� 01/31/2013 12:53 PM DPEREZ $36.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS CITY OF ROUND ROCK 0 221 EAST MAIN STREET ROUND ROCK, TX 78664