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CM-2015-664 - 2/27/2015City of Round Rock RO AS ROCK Agenda Item Summary Agenda Number: Title: Consider executing a License Agreement for right to landscaping and hardscaping features with Taylor Morrison of Texas, Inc. related to Vizcaya Parkway, Caruso Lane, Univeristy Boulevard, and Lunate Way. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 2/27/2015 Dept Director: Brad Wiseman, Director of Planning and Development Services Cost: $0.00 Indexes: Attachments: LIC1410-0002 - Landscape Department: Planning and Development Services Department Text of Legislative File CM -2015.664 The purpose of this License Agreement is to allow landscaping and hardscaping related to Vizcaya Parkway, Caruso Lane, University Boulevard, and Lunata Way. The recommended action is to approve the license agreement. Ch,ofRound Rock Page 1 pnnew on WWO15 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: Planning B Development services Project Name: Liceroe Agreement Project Mgr/Resource: Kamie Fitzgerald ConlractorNendoc Taylor Morrison of Texas, Inc. Council Action: ORDINANCE RESOLUTION QCity Manager Approval CMA Wording Consider executing a License Agreement for right to landscaping and hardscaping features with Taylor Morrison of Texas, Inc. related to Vizcaya Parkway, Caruso Lane, University Boulevard and Lunate Way. Attorney Approval [D/A�omey O:\wdox\SCClnts\0140\1501\MUNICIPAL\00327457.XLS Updated 6/3108 LICENSE AGREEMENT This Agreement is made this � day of MrtxL\�, , 206 by and between the CITY OF ROUND ROCK, a Texas home rrde municipality, whose address is 221 East Main Street, Round Rock, Texas 78664 (hereinafter "Licensor"), and Taylor Morison of Texas, Inc., a Texas corpomtlon, 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 streets of Vizcaya Parkway, Caruso Lane, Lorain Way, Pietra Lane and University Boulevard 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 landscaping and hardscaping features; trail improvements; subdivision walls; and specialized roadway pavement 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 riot 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. 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. 314311.dWjm AA- x015- WJ4 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, my 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 tare 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 1 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. VQI. Notice 8.1 Notice shall be mailed to the addresses designated herein or as may be designated in writing by the parties t nm time to time and shall be deemed received when sent postage prepaid U.S. mail to the following addresses: CITY: City of Round Rock A7TN: City Manager 221 East Main Street Round Rock, Texas 78664 { COMPANY: Taylor Morrisory'Texas, Inc. 11200 Lakeline Blvd, Ste. 150A Austin, Texas 78717 IN WITNESS WHEREOF, dtis AGREEMENT is executed on this 10'0 day of rr�s, 20.x. (Signatures on the folloxling,Page) 3. OWNERS Taylor Mm*isonATexes, inc. By: Adib R. Khoury, Vic idem Date:' g"fir CITYRF ROUND ROCK,TEXAS y Laurie Hadley4G� anager Date: -175-15 ACKNOWLEDGMENT STATE OF TC)(AcS COUNTY OF TKAJ lS This instrument was acknowledged before me on t 's g� day of Ja-r 201;Y, by Adib R. Khoury, Vice President of Taylor MorrisorPexas, Inc., whose name is so cribed to the preceding instrument, and acknowledged to me that he executed it for the purposes and consideration expressed in it. 61 Nobry PuY 1State AGERTY rTexas =` F` My Commissoo Exoaes NotarY Publ" in and for the St a of Gat October 03, 2017 4. ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON 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. /y��, ��� � �� . � 1 / �Y�' f ✓ ✓ • YUlil/VW Notary Public in and for the State of Texas SW LEIGH WHIIE MY COMMISSION EXPIRES "" July 11, 2016 IME Offig .101 ON I q 101 1, Mu IMMMMN� z r 0� �i rI�,,m