CM-2017-1312 - 2/10/2017ELECTRONICALLY RECORDED 2017012929
Williamson County, Texas Total Pages: 8
LICENSE AGREEMENT
This Agreement is made this 76 day of ,, 2017, 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 Meritage Homes of Texas, LLC,
whose address is 8920 Business Park Drive, Ste. 350, Austin, Texas 78759 (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 Hat Bender Loop, Tall Rider Lane, and Meister Lane, as
depicted by the shaded areas of Exhibit "A", attached hereto and incorporated herein; and
Whereas, Licensee desires to exercise certain rights and privileges upon public rights-of-
way
ights-ofway 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 and maintain (a) a monument sign, with associated
landscaping and hard scape features, irrigation sleeves, subdivision walls, garden wall
along Meister Lane, Tall Rider Lane and Hat Bender Loop near the intersection of Gattis
School Road, subdivision monuments and signage 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 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.
C,A4,2.1)/-7-/31.2
370312 Mhnw
LIC1701-0001
2017012929 Page 2 of 8
II. Consideration
2.1 In consideration for this license, Licensee shall pay Licensor $10.00 and other good and
valuable consideration.
III. Nonassign ability
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.
2017012929 Page 3 of B
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
COMPANY: Meritage Homes of Texas, LLC
8920 Business Park Drive, Ste. 350
Austin, Texas 78759
IN WITNESS WHEREOF, this AGREEMENT is executed on this Z, day of
✓,,,,."a_i , 2017.
(Signatures on the followingpage.)
a
2017012929 Page 4 of 8
LICENSEE
Meritage Homes of Texas, LLC
By: 6 ----
N1,�sruYu :5,-, r. ,e,�4-a , as l'� , s. dr �l
Date: ail 7- C-, 1 ►'7
LICENSOR
CITY OF ROUND ROCK, TEXAS
By:
Date: OV Iy/ 13
ACKNOWLEDGMENT
STATE OF 5
COUNTY OF j r w z.5
This instrument was acknowledged before me on this2-6-, day of --S:,--,- , 2017,
as•v.,,,. ,t j,,4,d A-,,, jcnn,,j of Meritage Homes of Texas, ,LC, whose
name is subscribed to the preceding instrument, and acknowledged to me that he executed it for
the purposes and consideration expressed in it.
j16EXPires-01-27-20181
J. Reed
Notary Public,
State of Texas
4.
ot,
Signature 'FJ.
Printed Name _
Notary Public, State of
ACKNOWLEDGMENT
THE STATE OF TEXAS
2017012929 Page 5 of B
COUNTY OF WILLIAMSON //ll
s%0� (-)e`1i1Q +f— �V
This instru Se, t was acknowledged before me on this da y of '(L;(J� 2017,
by �tj Manager of the City of Round Rock, in the capacity and for4he purposes
and consideration therein indicated.
BLANCA GILLIS
: f .o=Notary Public, State of Texas
--';f Comm. Expires 03-15-2020
Notary ID 130582387
5.
Sigdyi=- - -
nature
0lanco G;11is
Printed Name /�
Notary Public, State of �XQ S
I
LEGEND
® LICENSE AGREEAffNT
SCALE: 1'= 100'
0' 100' 200' 300'
2017012929 Page 6 of B
4-4
0
r -I
1
I
1
I
I
EXHIBIT
p
EXHIBIT
14
2017012929 Page 7 of B
iCENSE AGREEMENT
100' 300'
l
of
4
F
JOJIq. IU114VFG1
MR J..-18. 2016
O[SIGVFR
CnSC+'ED ORAN11
5 CET 2 a 2
2017012929 Page 8 of 8
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2017012929
Pages:8 Fee: $45.00
02/10/2017 02:43 PM
AT�Of'
S rYti,
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement for Meritage Homes LLC.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 2/10/2017
Dept Director: Brad Wiseman, Director of Planning and Devlopment Services
Cost: $0.00
Indexes:
Attachments: Signed License Agreement
Department: Planning and Development Services Department
Text of Legislative File CM -2017-1312
Consider executing a License Agreement for Meritage Homes LLC.
Consider executing a License Agreement for the right to install and maintain
landscaping, a monument sign, irrigation, subdivision walls, and other hardscape
features in the right-of-way for the Northfields single-family subdivision, generally
located south of Gattis School Road, East of Mister Lane, and North of SH -45.
City of Round Rock Page 1 Printed on 2/9/2017