CM-2016-1139 - 7/29/2016ELECTRONICALLY RECORDED 2016113408
Williamson County, Texas Total Pages: 6
LICENSE AGREEMENT
This Agreement is made this 2 I day of July, 2016, 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 TAYLOR MORRISON OF TEXAS, INC., a
Texas corporation, whose address is 11200 Lakeline Blvd., Suite 150A, Austin, Texas 78717
(hereinafter, "Licensee").
Whereas, Licensor is the owner of the real property (hereinafter, "Property"), which is the
public right-of-way within the streets of Caruso Lane and Pietra Lane as depicted by 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:
I. License
1.1 Licensee shall have the right to install decorative street lights and electrical conduit
within the public rights-of-way adjacent to Caruso Lane and Pietra Lane, as depicted by
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.
358848 BK
LIC1606-0001
Gam( -2016 4(� y
2016113408 Page 2 of 6
II. 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. Terminable 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, 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.
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 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
2016113408 Page 3 of 6
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:
LICENSOR: City of Round Rock
ATTN: City Manager
221 East Main Street
Round Rock, Texas 78664
Of
LICENSEE: Taylor MorrisontTexas, Inc.
11200 Lakeline Blvd., Ste. 150A
Austin, Texas 78717
IN WITNESS WHEREOF, this AGREEMENT is executed on this (--X I day of
2016.
LICENSOR
CITY OF D ROCK, TE AS
Laurie Hadley, City Manager
Date: --7 /a �j 4/ (-p
LICENSEE ,F
Tayl isonATexas, Inc.
By:
Michael Slack, Vice Pre'side'nt
Date: Ill' 6
(acknowledgments on following page)
3
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
2016113408 Page 4 of 6
This instrument was acknowledged before me on this zt�ay of J , 2016,
by Laurie Hadley, City Manager of the City of Round Rock, in the capacity and for e purposes
and consideration therein indicated.
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Signature
rn E;A(gAN tV1. S�Pt NKS
Printed Name
Notary Public, State of TE.XS
ACKNOWLEDGMENT
STATE OF 7-EYAkS
COUNTY OF W IL L AA M y o cl
This instrument was acknowledged before me on tls //`=t day of 41t ( , 2016,
Crr
by Michael Slack as Vice President of Taylor MorrisofWexas, Inc., whose name is subscribed to
the preceding instrument, and acknowledged to me that he executed it for the purposes and
consideration expressed in it.
a"""''•, POLLYJ. HAGERTY
�y Notary Ptbtic, Store of Texas
E)*" OCTOBER 3, 2017
I.D. 10999048
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Signature
Printed N me
Notary Public, State of / C-9 q5
2016113408 Page 5 of 6
EXHIBIT A
ONS DOCUMENT HAS BEEN PRODUCED TROY MATERIAL THAT WAS STORED AND/OR TRANSMIM EEECTRONMALLY AND MAY NA4E BEEN INADrE may ALTERED. RELY ONLY OR NUL HARDCOPY YATERV15 BEARNG THE CONSULTANT'S ORGINAL SCHATURE AND SUL
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DOC. NO. 2016013386 (O.P.R.) ; LANDSCAPE
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JOB N0. I Z C AYA AMENITY C E N T EPAPE-DAWSON
DATE ENGINEERS
DESIGNER ROUND ROCK, TEXAS
CHECKED_ DRAWN__ 78MSH0ALCREEKBLV AUSTIN TEXAS 78757 I PHONE512 (Sa 8711
SUITE220 WEST FAX.. 512459.6867
EXHIBIT
SHEET TEXAS BOAROOFPROFESSIONAL ENGINEERS, FIRAIREGISTRATION-70
ONS DOCUMENT HAS BEEN PRODUCED TROY MATERIAL THAT WAS STORED AND/OR TRANSMIM EEECTRONMALLY AND MAY NA4E BEEN INADrE may ALTERED. RELY ONLY OR NUL HARDCOPY YATERV15 BEARNG THE CONSULTANT'S ORGINAL SCHATURE AND SUL
2016113408 Page 6 of 6
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2016113408
Pages- 6 Fee- $37.00
12/05/2016 08.45 AM
i'r.,l AS EtpF-7- .
Nancy E. Rister,County Clerk
Williamson County,Texas
'- City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement with Taylor Morrison of Texas,
Inc. for the right to install decorative street lights and electrical conduit
along Caruso Lane and Peitra Lane, Round Rock, Texas
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7/29/2016
Dept Director: Brad Wiseman, Director of Planning and Development Services Office
Cost:
Indexes:
Attachments: Lights License Agreement - TM Signed copy
Department: Planninq and Development Services Department
Text of Legislative File CM -2016-1139
7777--7—
Consider executing a License Agreement with Taylor Morrison of Texas, Inc. for the
right to install decorative street lights and electrical conduit along Caruso Lane and
Peitra Lane, Round Rock, Texas
Consider executing a License Agreement with Taylor Morrison of Texas, Inc. for the
right to install decorative street lights and electrical conduit along Caruso Lane and
Peitra Lane, Round Rock, Texas
Recommended action is to approve the installation of the decorative street lights and
electrical conduit along Caruson Lane and Peitra Lane, Round Rock, Texas.
City of Round Rock Page 1 Printed on 7/2812016