CM-2016-1181 - 9/20/2016LICENAGREEMENT
This Agreement is made thi�ay of 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 THE OAKLANDS OWNERS
ASSOCIATION, INC., a Texas corporation, whose address is c/o Goodwin Management, 11149
Research Blvd. #100, Austin, Texas 78759 (hereinafter, "Licensee").
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Whereas, Licensor is the owner of the real property, which is the public right-of-way
known as Oaklands Drive, including the traffic median just south of Spring Hollow Path, as
depicted by Exhibit "A" (hereinafter the "Property"), 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 an Entry Feature Sign (the "Improvements") on or
over a portion of the Property, 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 the Improvements, 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
the Improvements in or upon the Property, including the payment of any fees of any kind
associated with the Improvements.
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1.6 It is further understand that the Licensor has full authority in an emergency to remove or
permit to be removed, in whole or in part, the Improvements, and such removal shall be
allowed without notice to the Licensee and without any obligation whatsoever on the part
of the Licensor to replace or repair any part or the whole of the Improvements.
1.7 It is ftrrther understood that in a non -emergency situation, the Licensee shall be solely
responsible for removal from the Property of the Improvements to the Licensor's
satisfaction, and such removal shall be completed by the Licensee within forty-eight (48)
hours of actual notice to the Licensee of the Licensor's directive to remove same. "fhe
parties expressly agree that, in the event the Licensee fails to remove the Improvements
to the Licensor's satisfaction following notice, then and in that event the Licensor may
cause the Improvements to be removed at the expense of Licensee.
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.
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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.
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
LICENSEE: The Oaklands Owners Association, Inc.
c/o Goodwin Management
11149 Research Blvd. #100
Austin, Texas 78759
�T ITNESS WHEREOF, this AGREEMENT is executed on this da of
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r , 2016.
(signatures on follmi,ing page)
3
LICENSOR
CITY OF IWUND ROCK, T XAS
By:
aurie Hadley,('Manager
Date:
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
LICENSEE
THE OAKL S OWXERS A//S//SOC.
BY: G 0�
ella, President
Date: Az
ACKNOWLEDGMENT
This instrument was acknowledged before me on this -�O day of V ' leM - , 2016,
by Laurie Hadley, City Manager of the City of Round Rock, in the capacity and for the purposes
and consideration therein indicated.
;., BLANCA GILLIS
r °��°' Notary Public, State of Texas
Comm. Expires 03.16.2020
Notary ID 130582387
STATE OF
COUNTY OF
Signature
BICAI-1C- C1lI IlS
Printed Name
Notary Public, State of l�
ACKNOWLEDGMENT
This instrument was acknowledged before me on this —%— day of , 2016,
by John Parrella as President of The Oaklands Owners Association, Inc., hose name is
subscribed to the preceding instrument, and acknowledged to me that he executed it for the
purposes and consideration expressed in it.
DSAY N KAI
O * NOTARY PUBLIC STATE OF TEXAS
MY COMM. EXP. 8131119
A�OFP� NOTARY ID 13035240-1
M
01
Signa i—
Prihtdd Name
Notary Public, State of
EXHIBIT A
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Location of Entry
Feature Sign on
median
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City of Round Rock
TT 50 ROCK Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement with The Oaklands Owners
Association, Inc. to install an Entry Feature Sign on, or over, the Oaklands
Drive median south of Spring Hollow Path.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/16/2016
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: Oaklands License Agreement, LAF for the Oaklands Sign
Department: Planning and Development Services Department
Text of Legislative File CM -2016-1181
Consider executing a License Agreement with The Oaklands Owners Association, Inc. to
install an entry feature sign on or over the Oaklands Drive median, south of Spring Hollow
Path. Nearby Williamson County road improvements forced relocation of this neighborhood
sign.
This item will be maintained by The Oaklands Owners Association. Therefore there are no
current or long-term costs associated with this action.
Staff recommends approval of the License Agreement.
City of Round Rock Page 1 Printed on 9/1512016