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CM-2015-676 - 2/13/2015City of Round Rock EMS °ROM Agenda Item Summary Agenda Number: Title: Consider executing a License Agreement to allow landscaping, reuse irrigation and hardscaping features with KB Home Lone Star, Inc. within the limits of the Right -of -Way related to Forest Ridge Boulevard. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 211 312 01 5 Dept Director: Brad Wiseman, Director of Planning and Development Services Cost: $0.00 Indexes: Attachments: signed Freeman License Agreement Department: Planning and Development Services Department Text of Legislative File CM -2015476 The purpose of the License Agreement is to allow right to install landscaping, reuse irrigation and hardscaping features with KB Home Lone Star, Inc. related to Forest Ridge Boulevard. The recommended action is to approve the License Agreement. Cio,ofaeund Rack Pagv 1 Pffrw on W=015 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCILICITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: Planning & Devebpment Servims Project Name: ucanse Agreement Project Mgr/Reeoume: Kamte Fact eraM ContraclorNendor: KB Home Lone Star, Inc. Council Action: ORDINANCE RESOLUTION xx City Manager Approval CMA Wording Consider executing a License Agreement for right to install landscaping, reuse irrigation and hardscaping features with KB Home Lone Star, Inc. related to Forest Ridge Boulevard. Attorney Approval ©Attorney O:\wdox\SCClnts\0140\150i\MUNICIPAL\00328813.XLS Updated 613/08 LICENSE AGREEMENT This Agreement is made this 5i t' day of February, 2015, 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 KB Home Lone Star, Inc., a Texas corporation, whose address is 10800 Pecan Park Blvd., Ste. 200, Austin, Texas 78750 (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 Forest Ridge Boulevard as depicted by the shaded areas of 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: L License 1.1 Licensee shall have the right to install landscaping, hardscaping and reuse water irrigation 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 further 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. 328573.aor M 0 A-Gt66-- c I (P 1I. 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. Terruinable 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, mles 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 any 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. 00316573/SS2 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 LICENSEE: KB Home Lone Star, Inc. 10800 Pecan Park Blvd., Ste. 200 Austin, Texas 78750 IN �I'I'NESS WHEREOF, this AGREEMENT is executed on this _day of IGS '2015. (Signatures on the following page) 3. Oa12851r/SS2 LICENSEE: KB Home Lone Star, Inc. By:-- ---Io—hn Zins Vi -President Date: 2 JS Zt S LICENSOR: CITY OF ROUND ROCK, TEXAS By: ! '- Laurie Hadley, rtytanager Date: C;? I�S STATE OF :: COUNTY OF TVI S This instrument was acknowledged before me on this � day of 2015, by John Zinsmeyer, Vice -President of KB Home Lone Star, Inc, whose varve is subs 'bed to the preceding instrument, and acknowledlred to me that he executed it for the purposes and consideration expressed in it. ig 1 Z Primed Name Notary Public, State of 4. LLIH ARAE au 003285'!7/aS2 NOTARY NDA MIW_ MO�-08_�0, 8 THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this Jtl2ay of JVQfUile, 2015, by Laurie Hadley, City Manager of the City of Round Rock, in the capacity and for the purposes and consideration therein indicated. •A ,. .M1 SA ki' IOH WHITE MY COMMISSION EXPIRES ;,y>,' Jury 11, 2016 5. • r'lXN"w Signature �V61 Printed Name Notary Public, State of11%i7 ,vweneauvnnvv nnvvnenevv�ivm ov,vve. 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