CM-2016-1195 - 10/17/20162016115091 AGR Tr` -al Pages: 7
■111 Ins, MWhA1101WkW10110111111
LICENSE AGREEMENT
This Agreement is made this! 57 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 BCF Commercial Holdings, LLC, whose
address is 3720 Gattis School Rd., #800-278, Round Rock, Texas 78664. (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 Fannin Ave., Round Rock, Texas 78664 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 use one-half (%2) of the alley way adjoining the property
to maintain a required eight (8) foot masonry wall for sound dampening between the
property and adjoining properties to the east. The area is also required for landscape
needed to create a filtration area to satisfy TCEQ requirements 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 firther 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.
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It. 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,
count 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.
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: Ruben Cortez
BCF Commercial Holdings, LLC
3720 Gattis School Rd., #800-278
Round Rock, TX 78664
IN WITNESS WHEREOF, this AGREEMENT is executed on this aT day of
2015.
(Signatures on the following page)
3.
LICENSEE:
BCF Commercial Holdings, LLC
By:
Ruben Cortez, Manag
Date:
LICENSOR:
s CITY 7 ROUND ROCK, TEXAS
Laurie Hadley, City Manager
Date: 10.)7 ` l
ACKNOWLEDGMENT
STATE OF TC*LI.S
COUNTY OF —T�-cu/ I S
.4h
This instrument was acknowledged before me on thisAS ' day of F 6v'LAAr y , 2015,
by Ruben Cortez, Manager of BCF Commercial Holdings, LLC, whose name is subscribed to the
preceding instrument, and acknowledged to me that he executed it for the purposes and
consideration expressed in it.
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Signature
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Printed Name
Notary Public, State of TX
A K. HARTc,
State of `eSasission 2016y
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30,
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Signature
(*R41tCtX^ �k e4 -
Printed Name
Notary Public, State of TX
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
Z
This instrument was acknowledged before me on this day of ? ,
by Laurie Hadley, City Manager of the City of Round Rock, in the capacity and for the purposes
and consideration therein indicated.
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LICENSE AGREEMENT
This Agreement is made this �� 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 BCF Commercial Holdings, LLC, whose
address is 3720 Gattis School Rd., #800-278, Round Rock, Texas 78664. (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 Fannin Ave., Round Rock, Texas 78664 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 use one-half (%z) of the alley way adjoining the property
to maintain a required eight (8) foot masonry wall for sound dampening between the
property and adjoining properties to the east. The area is also required for landscape
needed to create a filtration area to satisfy TCEQ requirements 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 fin-ther 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 Sei vices Manager.
1.4 It is fiirther 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.
328605.doclJP
II. Consideration
2.1 1n 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.
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City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement for right to use one-half of the
alley way adjoining the property for landscaping and to maintain a required
eight (8) foot masonary wall for sound dampening wall with BCF
Commerical Holdings, LLC related to Fannin Avenue.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/5/2016
Dept Director: Brad Wiseman, Director of Planning and Development Services Office
Cost: $0.00
Indexes:
Attachments: Carlson Hardy - Signed License Agreement
Department: Planning and Development Services Department
Text of Legislative File CM -2016-1195
Consider executing a License Agreement for right to use one-half of the alley way
adjoining the property for landscaping and to maintain a required eight (8) foot
masonary wall for sound dampening wall with BCF Commerical Holdings, LLC related
to Fannin Avenue.
Consider executing a License Agreement for the encroachment of a masonary wall
(required by zoning board of adjustments) within the limits of the City's Right -of -Way.
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No funding source
The recommended action is to approve the license agreement.
City of Round Rock Page 1 Printed on 1011312016