The URL can be used to link to this page

CM-2016-1261 - 12/19/2016 1 LICENSE AGREEMENT j This Agreement is made this JJ�day of �,�'" , 2014 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",whether one or more). Whereas, Licensor is the owner of the real property (hereinafter, "Property"), which is the public right-of-way within the street of Caruso Lane 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: I. License 1.1 Licensee shall have the right to install decorative street lights and electrical conduit 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 j 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. 365846 BK/mw LIC 1610-0001 0140.1601 i I II. Consideration I 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 ouf 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 I I I i i VII. Venue I 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 Of COMPANY: Taylor MorrisonATexas,Inc. 11200 Lakeline Blvd., Ste. 150A Austin,Texas 78717 IN WITNESS WHEREOF,this AGREEMENT is executed on this day of (Signatures on the following page.) 3. I I i I i i OWNERS eF j Ta oirisoijexas,Inc. Michael Slack, Vice President Date:14 -1714 CITY9��ROUND ^K-,/TEXAS Laurie Hadley, City Managed' Date: ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF W f LL(A 1 S 0x-� This instrument was acknowledged before me on,t is 174— day of a'EO 6-P—r ,2016, by Michael Slack, Vice President of Taylor MorrisonATexas, 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. = JR;:•y POLLY J. HAGERN Signature: #_ Notary Pubk,State of Texas Expires OCTOBER 3 2017 l/ J 1.0410999048 Printed Name: Notary Public, State of 5 4. i i i I ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this ��day of ^ , 2016, by Laurie Hadley, City Manager of the City of Round Rock, in the capacity and for the purposes and consideration therein indicated. Signature. & AM N Printed Name: IJ /J cS P�e`'�,L��i .-� N : Notary Public, State of l 6i A S i FOf, i 5. I M7 �\ \�\�• ..,,,, ._ ��l 11 r�•�"!�1\! __ ... _ — '=_� — \\ CTION BOX \\o , —.vV �• NCTION BOX 41 PRIVATE A e ITY l -rCENTER ( 9� \\ \ N 1�_at. -� LOT6?,BLOCK4 ( \ PARKLAND/DRAINAGEEASE AIENT LOT 60.CLOCK K rig \ 1 VIZCAYA.PHASE 2A 1 jr; DOC.NO.2015069663(O.P.R.) ) \ \\ VIZCAYA,11'•STCAMI!NITP. / \\ CENTER.PHASE I&2 \ DOC.NO.20;6009319(O.P.R)56 57 ! 10 S: II VIZCAYA,PH DOC.N0.2016067035035(O.(O.P.R.) \ � Q \ 59 \ 12 of \ \\ ALE: "=100' \ z 5d I o' \ \ \ 53 \\ \ i .toe No. VIZCAYA, WESTERN AMENITY CENTER PAPE-DAWSON DATE DESIGNER- ROUND ROCK TEXAS ��ENGINEERS CHECKED_ OPM0L— recatJavLCJtEIX6CVDl ausm mut run I v�lar�ei�ia can EXH I B I a�orvasr SHEET EXHIBIT ,�"t•°��°`°"°Et��awtF� �w��,� a.a L.3 CYAWR J.iS e_;1 FniG.C(U fFLu u:IV:C 1r�•.i au!(vrJ u-0/G?IJ;;.SutTD ILC'iW:JLLI:f-0 U/W,L EfC1 NR h culwxn u'4-A 4 AME va sul City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing a License Agreement for installation of decorative street lights and electrical conduit with Taylor Morrison of Texas, Inc. related to Caruso Lane. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 12/16/2016 Dept Director: Brad Wiseman, Director of Planning and Development Services Cost: $0.00 Indexes: Attachments: Vizcaya Western Amenity - Signed License Agreenent, LAF- Taylor Morrison- License Agreement (1610-0001) Department: Planninq and Development Services Department Text of Legislative File CM-2016-1261 Consider executing a License Agreement for installation of decorative street lights and electrical conduit with Taylor Morrison of Texas, Inc. related to Caruso Lane. Consider executing a License Agreement for installation of decorative street lights and electrical conduit with Taylor Morrison of Texas, Inc. related to Caruso Lane. There is no additional cost to the City for these streetlights. 0.0 N/A Recommended action is to approve the License Agreement for the decorative street lights and electrical conduit with Taylor Morrison of Texas, Inc. City of Round Rock Page 1 Printed on 12/13/2016