CM-2016-1115 - 8/5/2016oG.� 3016069338
LICENSE AGREEMENT
This is made this Agreement i da of I , 2016 by and between the CITY
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OF ROUND ROCK, a Texas home rule municipality, wh se address is 221 East Main Street,
Round Rock, Texas 78664 (hereinafter "Licensor"), and Concord at Brushy Creek Home Owners
Association, whose address is 8920 Business Park Dr., Ste. 350, Austin, Texas 78759
(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 the streets of Kenney Fort Crossing and Forest Creek Dr., 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:
I. License
1.1 Licensee shall have the right to install and maintain (a) a monument sign, with associated
landscaping and irrigation, at the entrance of Kenney Fort Crossing at Forest Creek Dr.,
located 2.5 feet fiom the back of curb of Kenny Fort Crossing and 27.5 feet from the
back of curb of Forest Creek Drive, and (b) landscaping enhancements with irrigation
along either side of Kenney Fort Crossing from the intersection of Forest Creek Drive to
the proposed bridge over Brushy Creek, a distance of approximately 900 linear feet,
located either between the back of curb and the sidewalk or between the sidewalk and the
right-of-way line, 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.
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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.
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
COMPANY: Concord at Brushy Creek Home Owners Association,
8920 Business Park Dr., Ste. 350
Austin, Texas 78759
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VwNESS WHEREOF, this AGREEMENT is executed on this I day of
2016.
(Signatia-es on the following page)
a
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this elay of juwn '2016,
ab b of the City of Round Rock, in the capacity and f - the purposes
and consideration therein indicated.
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NORTH SCALE:V=1
HATCHED AREA FROM SIGNAGE TO
BRIDGE TO BE INCLUDED IN
LICENSE AGREEMENT, WILL INCLUDE
LANDSCAPING AND IRRIGATION
Note: All irrigation will require a permit before installation.
EXHIBIT
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SIGINOGE TO BE INCLUDED IN LICENSE
AGREEMENT, WILL INCLUDE SIGNAGE,
LANDSCAPING AND IRRIGATION
Note, All irrigation will require a permit before installation.
RECORDERS MEMORANDUM
All or parts of the text on this page was not
CM -2016-1115
AFTER RECORDING, PLEASE RETURN TO:
CITY OF ROUND ROCK
' ATTN: MONIQUE ADAMS
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2016069320
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f "' Nancy E. Rister, County Clerk
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��•�..e_� co/�,` Williamson County, Texas
August 01, 2016 11:22 AM
FEE: $61.00 BARRICK