CM-2014-354IrDOCK TEXAS
PURPOSE Ruvun PROSPERITY
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement for landscape and irrigation with
Continental Homes of Texas, L.P. related to Warner Ranch.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 3/21/2014
Dept Director: Brad Wiseman, Director of Planning & Development Services
Cost: $0.00
Indexes:
Attachments: LAF - Warner Ranch - License Agreement, Warner Ranch License
Agreement-SIGNED.pdf, EXISTING - Village Warner
Ranch_Lic.Agrmt_2000.pdf
Department: Planning and Development Services Department
Text of Legislative File CM -2014-354
The purpose of this License Agreement is to replace an existing License Agreement (R -00-08-10-10A4) due to
a change in ownership. This agreement shall continue to allow the installation of landscaping and irrigation
within the city rights-of-way of Warner Ranch Drive within Warner Ranch Phase II Section 1.
The recommended action is to approve the license agreement.
City of Round Rock Page 1 Printed on 3/20/2014
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Planning & Development Services Project Name: License Agreement
ContractorNendor: Warner Ranch
Project Mgr/Resource: Kamie Fitzgerald
]Council Action:
ORDINANCE
Agenda Wording
] RESOLUTION
]City Manager Approval
CMA Wording
Consider executing a License Agreement for landscape and irrigation with Continental Homes of Texas, L.P. related to Warner
Ranch.
Attorney Approval
Attorney
Notes/Comments
Date 31P-1 11
O:\wdox\SCCInts\0114\1410\MUNICIPAL\00294375.XLS Updated 6/3/08
LICENSE AGREEMENT
This Agreement is made this day of AA £t V01/1 , 2014, by and between the CITY
OF ROUND ROCK, (hereinafter "Licensor"), a Texas home rule municipality, and
CONTINENTAL HOMES OF TEXAS, L.P. (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 Warner Ranch Drive as depicted as the hashed area 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, Tl-IEREFORE, it is agreed as follows:
License
1. Licensee shall have the right to install, construct, operate, maintain, upgrade and
repair front entry landscaping and monument signage in, over, and upon public rights-of-way
located within the Property, as described in Exhibit "A," but not including that area consisting of
the paved road surface, curbs, sidewalks, or other public improvements.
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 Manager for review and approval. Approval of any plan shall be solely
within the discretion of the Development Services 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.
293581 JR/niw
CM -2014-354
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 improvernents. 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
2.
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:
LICENSOR: City of Round Rock
ATTN: Steve Norwood, City Manager
221 East Main Street
Round Rock, Texas 78664
LICENSEE: Continental Homes of Texas, LP
ATTN: Richard Maier
10700 Pecan Park Blvd., Fourth Floor
Austin, Texas 78750
IN WITNESS WHEREOF, this AGREEMENT is executed on this day of
MC , 2014.
(Signatures on the ,following page.)
3.
CITY OF ROUND ROCK
By:
STEVE NORWOOD, City Manager
Date: 013 2/� Y'
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
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.
ei St.
Given under nay hand and seal of office on this the vt, day of 'V IPL , 2014.
14,
SARA LEIGH WHITE
x= MY COMMISSION EXPIRES
July 11,2016
•
1
4.
NOTARY PUBLIC in and for the State of
Texas
CONTINENTAL HOMES OF TEXAS, LP
By: CHTEX of Texas, Inc.,
a Delaware corporation,
its general partner
By:
Richa d Maier, Vice President and
authorized agent.
A
Date:
STATE OF 1 b•X(Sss
§
COUNTY OF Wt LkelAW.SON §
Yhare k � � 2_014-1
BEFORE ME, the undersigned, a notary public in and for said county and state, on this
day personally appeared Richard Maier, Vice President and authorized agent of CI-ITEX of
Texas, Inc., general partner of Continental Homes of Texas, LP, on 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 day of ItYlQrQ L , 2014.
0 d.,; SYLVIA ANN CAZARES
f -•11 Notary Public. State of Texas
My Commission Expires
May 09, 2016
After Recording, Please Return To:
City of Round Rock
Development Services Office
301 W. Bagdad, Suite 140
Round Rock, Texas 78664
5.
RY PUBLIC . _ _:_L:. the State of
Txs_s
s
October 3, 2000
Ms. Kathy K. Binford
Village at Warner Ranch, P.U.D., L.P.
C/o The Hanover Company
5847 San Felipe, Suite 3600
Houston, Texas 77057
Dear Ms. Binford:
The Round Rock City Council approved Resolution No. R -00-08-10-10A4 at their
regularly scheduled meeting on August 10, 2000. This resolution approves the agreement
to install and maintain landscaping in, over and upon the public right-of-way located
along Warner Ranch Drive.
Enclosed is a copy of the resolution and license agreement for your files. If you have
any questions, please do not hesitate to contact Joe Vining at 218-5415.
Sincerely,
Christine Martinez
Assistant City Secretary
Enclosures
TO
BAKER-AICKLEN
& ASSOCIATES, INC.
Engineers/Surveyors
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WE ARE SENDING YOU 0 Attached
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❑ Copy of letter 0 Change order
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the following items:
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DESCRIPTION
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THESE ARE TRANSMITTED as indicated:
❑ For approval 0 For your use
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REMARKS:
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❑ As requested
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0 Mail
O For your files 0 For your review and comment
COPY TO: //1/t44;- v -
SIGNED:
Copies Ontnbutlon: While - Chant, Velcro - Contrad/Conss„ Pink. Mow Notes. Gold - Genets/.
203 East Main Street, Suite 201 Round Rock, Texas 78664
If endosures are not as noted. Wndly notify us at once.
• Phone: 512/244-9620 • FAX: 512/244-9623
RESOLUTION NO. R -00-08-10-10A4
WHEREAS, the City of Round Rock, Texas is the owner of the public
right-of-way located along Warner Ranch Drive within the subdivision
known as Warner Ranch Subdivision, Phase I -A, and
WHEREAS, Village at Warner Ranch, P.U.D., L.P., desires to
exercise certain rights and privileges upon the unpaved portion of the
public right-of-way located along Warner Ranch Drive, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a License Agreement with Village at Warner Ranch,
P.U.D., L.P. for the right to install and maintain landscaping in, over
and upon the public right-of-way located along Warner Ranch Drive, a
copy of which is attached hereto and incorporated herein for all
purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended, and the Act.
KI\NPDOCS\RESOtUtx\R00110A4.WPD/BC
RESOLVED this 10th day of August, 2000.
ATTEST:
E LAND, City Secretary
• I
2
City of Round Rock, Texas
i
LICENSE AGREEMENT
This Agreement is made this FA, day of (2,0-U4.,r-
2000, by and between the CITY OF ROUND ROCK, (h reinafter
"Licensor"), a Texas home rule municipality, and VILLAGE AT WARNER
RANCH, P.U.D.,L.P., (hereinafter, "Licensee").
Whereas, Licensor is the owner of the real property
(hereinafter, "Property"), which is the public right-of-way known
Warner Ranch Road, as depicted on the Warner Ranch Phase 1-A Plat
recorded in Cabinet S, Slide 25, Plat Records, Williamson County,
Texas; 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;
NOW, THEREFORE, it is agreed as follows:
License
1. Licensee shall have the right to install, construct,
operate, maintain, upgrade, and repair landscaping, lighting,
irrigation, and decorative paving in, over and upon and within the
Property.
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.
Licensee has presented detailed landscaping plans to the
Director of Planning and the Director of Public Works for review
and approval, and said plan has been approved by both the Director
of Planning and Public Works.
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.
C:\TEXT\ROUNDROC\License\NARNER.vpd/cdc
Consideration
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 in all or part by either party
at will by the giving of thirty (30) days actual notice to the
other party. Upon termination, the Licensee retains the right to
remove all of Licensee's Improvements from the Property or relocate
such improvements for a period of 30 days. All of Licensee's
Improvements that remain on the Property 30 days following actual
notice of termination will become the property of Licensor and it
is agreed that Licensor will not 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 -6f 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: City Manager
221 East Main Street
Round Rock, Texas 78664
COMPANY: VILLAGE AT WARNER RANCH, P.U.D.,L.P.
c/o The Hanover Company
5847 San Felipe Suite 3600
Aouston, Texas 1/u7
Attn: Kathy K. Binford
IN WITNESS WHEREOF, this AGREEMENT is executed on this ?,
day of a,a4y/./or , 2000.
3.
LICENSOR:
OF ROUND ROCK
,
401
phe
R•.ert A. Stluka, F
Mayor
LICENSEE:
VILLAGE AT WARNER RANCH, P.U.D.,L.P.
By THC/Southwest Division Limited Partnership
By Hanover G.P. LLC
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 ROBERT STLUKA, as
Mayor 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.
kirunder my land and seal of office on this the
''�� day of
7:
Veylrs
CHRISTINE R. MARTINEZ
MY COMMISSION EXPIRES
August 5, 2001
STATE OF TEXAS
COUNTY OF A/ 2 415
, 2000.
NOTARY PUBLIC in and for
the State of Texas
BEFORE ME, the undersigned, a notary public in and for said
co ty
.fid A state', on this , as,/day /personally appeared
�t /[ - . L. G * , known to me to be the personewhose name
5% denf-
for a.,�n der 4 L L
is subscribed to the foregoing instrument, and acknowledged to me
that she executed the same for the purpose and consideration therein
expressed.
Given under my hand and seal of office on this the
SfM, day of /,{,�,�la,a� , 2000.
Plr✓l✓✓!ll✓lJlll✓JlJ✓✓llr�
SHIRLEY BANKS ROBINSON�
11 + NOTARY PUBLIC, STATE OF TEXAS
11 y� MY COMMISSION EXPIRES s
i FpFS MARCH 16, 2003
NOTARY
the Se of Texas
a
LIC in and for
*, a Texas limited liability company as general partner of THC/Southwest Division
Limited Partnership, a Texas limited partnership, as general partner of Villages
at Warner Ranch PUD, LP, a Delaware limited partnership, on behalf of said partnership
5.
Date: August 4, 2000
Subject: City Council Meeting — August 10, 2000
Item: 10.A.4. Consider a resolution authorizing the Mayor to execute a License
Agreement for landscaping in the right-of-way for Village at
Warner Ranch, P.U.D., L.P. (Delaware Limited Partnership). This
License Agreement grants the owner the right to install and maintain
landscaping in the City's right of way. Applicant: Ed Hamilton.
Staff Resource Person: Joe Vining Planning Director.
WARNER RANCH LICENSE AGREEMENT