CM-2016-1245 - 11/18/2016LICENSE AGREEMENT
This Agreement is made this day 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 BERNARDO SALAZAR, whose address is
507 E. Liberty Avenue, Round Rock, Texas 78664 (hereinafter "Licensee").
Whereas, Licensor is the owner of the real property (hereinafter, "Property"), which is the
public right-of-way within the alleyway located on the south side of 507 E. Liberty Avenue as
depicted in 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:
1. License
1.1 Licensee shall have the right to install two (2) 5' tall metal dual swing gates and
accompanying operations appurtenances located within the Property, as depicted in
Exhibit "A," subject to all conditions recited herein.
1.2 The gates shall be secured closed with combination locks provided by Licensee, the
combinations of which shall be provided by Licensee to Licensor.
1.3 Licensee shall keep the Property free of obstructions, including but not limited to, plants,
trees, structures, concrete foundations or pads, vehicles, rubbish, and household items.
1.4 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.
1.5 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.
1.6 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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1.7 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.
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
2
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: Bernardo Salazar
507 E. Liberty Avenue
Round Rock, Texas 78664
//� ITNESS WHEREOF, this AGREEMENT is executed on this day of
[X C , 2016.
LICENSOR
CITY =)F ROUND ROC , TEXAS
BYV.` ,,C
Laurie Hadley, City Manager
Date:
OWNER(s)
Byferrdo Salazar
Date: ) 6 /a y/ �a i,,/
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
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This instrument was acknowledged before me on this day of�t'`'�;�016,
by Laurie Hadley, City Manager of the City of Round Rock, in the capacity and for the purposes
and consideration therein indicated.
��`"1,Yr„��• BLANCA GILLIS
Notary Public, State of Texas
S Comm. Expires 03-15-2020
Notary ID 130582387
STATE OF 1'2—:-
COUNTY
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Signature
Printed Name )�
Notary Public, State of I le 1au
ACI NOWLEDGMENT
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This instrument was acknowledged before me on this day of CArl-e,i 2016,
by Bernardo Salazar, 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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Printed Name
Notary Public, State of ]� S
,,•o'�•t�:!?!;e`.,,� SHIRLEY A. JACKSON
*� Notary Public, State of Texas
My Commission Expires
�'•'•.;�;�; �: NOVEMBER 30, 2016
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View of the alley looking westward. Two fence posts would be installed, one on each side of the alley, thus al-
lowing the fence to swing inward toward and to be flush with the property line. Each face of the fence would
measure approximately 5 feet in length and would be secured with a combination lock. The combination
would be provided to the City for access.
EXHIBIT
A
View of the alley looking eastward. Two fence posts would be installed, one on each side of the alley, thus
allowing the fence to swing inward toward and to be flush with the property line. Each face of the fence
would measure approximately 5 feet in length and would be secured with a combination lock. The combina-
tion would be provided to the City for access.
EXHIBIT
.0
City of Round Rock
1
f
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement for the installation of two 5' tall
metal dual swing gates in the public right-of-way within the alley way located
on the south side of 507 E. Liberty Avenue.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 11/18/2016
Dept Director: Brooks Bennett
Cost:
Indexes:
Attachments: LAF - Salazar License Agreement (Gate) (00367089xA08F8), Salazar
License Agreement
Department: Administration
Text of Legislative File CM -2016-1245
Consider executing a License Agreement for the installation of two 5' tall metal dual swing gates in the
public right-of-way within the alley way located on the south side of 507 E. Liberty Avenue.
Mr. Ben Salazar is requesting to install swinging gates to his property within the alley way. He has agreed
to provide the combination to the City (Planning Department contact person) so that access will be granted,
if the City needed to get through the alley. A picture is attached to the agreement as an exhibit.
Joe Brehm, Community Engagement Administrator, coordinated the details for this agreement along with
Brad Wiseman, Planning Director.
No costs are associated with the license agreement.
Staff recommends approval.
City of Round Rock Page 1 Printed on 1111512016