CM-2017-1320 - 2/17/2017This License Agreement (hereinafter, "Agreement") is made this :='-1 day of
LL , i;, ov- Q , 2017, by and between the CITY OF ROUND ROCK, TEXAS, (hereinafter
"Licensor"), Texas home rule municipality, and FOUR ELEVEN PARTNERS, LLC
(hereinafter, "Licensee").
WHEREAS, Licensor is the owner of certain real property (hereinafter, "Property"),
depicted as Tract 1 on Exhibit "A", attached hereto and incorporated herein; and
WHEREAS, Licensee is the owner of certain real property (hereinafter, "Licensee
Property"), depicted as Tract 2 on Exhibit "A"; and
WHEREAS, Licensee desires to exercise certain rights and privileges upon the Property;
and
WHEREAS, Licensor desires to grant Licensee certain rights and privileges upon the
Property;
WHEREAS, Licensor and Licensee desire to amend the Original License Agreement;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
License and Maintenance
1. Licensee shall have the right of free and uninterrupted ingress and egress for himself,
and other persons, vehicles, and equipment necessary or convenient for use in Licensee's
exercise of his rights in the Properly, specifically granting the right for all persons and/or
members of the general public to travel to and from the intersection of San Saba St. and Main
St., across the Property to Licensee Property. The rights granted herein may be used in common
by Licensee, his guests, agents, servants, employees, invitees, successors, and assigns.
Upon Licensor's approval of a sign application submitted by Licensee pursuant to
Chapter 30 — Signs, Round Rock Code of Ordinances, Licensor shall allow Licensee to place a
monument sign in the sidewalk located on the southwest corner of San Saba and W. Main, as
indicated on Exhibit "A" (the "Sign"). The Sign must be approved by Licensor prior to its
installation. After installation, Licensee shall not modify the Sign or change the location of the
Sign without prior written approval from the Licensor.
The rights and privileges granted herein are not exclusive, and Licensor may convey
other easements and/or rights within the Property without the consent of Licensee.
This Agreement creates a license only and Licensee does not and shall not claim at any
time any interest or estate of any kind in the Property by virtue of this license.
370692bk
2.01 -7-/32o
Licensee agrees to comply with all other requirements or rules of any applicable
governmental jurisdiction for his activities and improvements upon the Property.
Licensor has no duty to maintain, operate, replace, upgrade, or repair any improvement
made by Licensee in or upon the Property.
The Sign shall be maintained at all times by Licensee, and any damage to vegetation,
trees, removal or erosion of earthen materials or any other alteration of the slope or other
currently existing condition of the Property caused by the activities of Licensee shall be
immediately restored by Licensee to the original condition on the effective date of this
Agreement.
Licensee shall not fence or barricade the Property in any manner without the prior
express written consent of Licensor.
Licensee shall not remove, cut, or trim any trees located on the Property without the prior
express written consent of Licensor.
Licensor also retains, reserves, and shall continue to enjoy the surface of the Property for
any and all purposes which do not interfere with and prevent the use by Licensee of the Property.
Licensor shall have the right and privilege at any and all times to enter the Property, or
any part thereof, for any purpose
Consideration
2. Ten Dollars ($10.00) and other valuable consideration paid by Licensee to Licensor.
Nonassignable
I The rights granted in this Agreement are personal to Licensee. This Agreement is not
assignable. Any assignment of this Agreement will automatically terminate the rights granted
herein. Notwithstanding the foregoing, Licensee shall be permitted to assign Licensee's rights
under this Agreement to any person or entity acquiring all of the Licensee Property 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.
2.
Terminable at Will
4. This Agreement is terminable at will by either party by the giving thirty (30) days
actual notice to the other party. Upon termination, if any improvements to Property are not
removed within ninety (90) days after notice as provided herein, then such improvements will
become the property of Licensor and it is agreed that Licensor will not reimburse Licensee for
any costs expended for said improvements.
Indemnity
5. Licensee shall comply with the requirements of all applicable laws, rules and
regulations, and shall indemnify and hold harmless Licensor, its officials, 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.
Release
6. 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 or any other use of the
Property under this Agreement whether or not said claims, demands and causes of action in
whole or in part are covered by insurance.
Venue
7. This Agreement shall be construed under and according with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in Williamson
County, Texas.
Notice
8. 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 E. Main St.
Round Rock, Texas 78664
3.
LICENSEE: Four Eleven Partners, LLC
ATTN: Nelson Nagle
400 W. Main Street, Suite 210
Round Rock, Texas 78664
IN WITNESS WHEREOF, this AGREEMENT is executed on the dates indicated below.
LICENSOR
CITY OF ROUND ROCK
By.
Lmn ie- a-drey, ager
Date: / / / 26 t
LICENSEE
FOUR ELEVEN PARTNERS, LLC
By: od4o" of. itafic
Nelson Nagle, President
Date: I — Z9 17
0
iA
Legend
z Parcels
Proposed Sign Location
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Tract2:
� Four Eleven
Par nn s LLC �' � ,.•
(P.reviouslyiknown � , � ;., ,
as'Nagle,Hodlings LP.) �' ;
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Amended License Agreement for
Nagle Holdings L 9
g now
5 Four Eleven Partners LLC -----
N.T.S. - - -
Apphun, t on for License Ag ceenaent
Applicant Information:
Contact Name: /t► 61 so,
Organization Name:
Address:
W, - "UNK71 am,
`--
City: RMV-4� — State: Zip: W60
Contact's Phone: S 12 — ! --7- Fax.
Land Owner's Information:
SELECT ONE: ❑ Corporation Liability Company
❑ Partnership/ Joint Venture ❑ Limited Partnership
Note: see accompanying documents required topauthorize signature of the above.
Contact Name: /��
Organization Name: FO u i, �! e - ! O'^�iti�'l S� LLC
Address: 1W V • �� &f. ' C Zl ,
City:�O ..e� ��ticl� State: f x C Zip: 7966
Contact's Phone: 9 Z7 T Z-�6 —2.d IS Fax: 5 17-- 2-! t -1 O 7-1
Licensee (Tenant), HOA, POA:
Contact Name:
Organization Name:
Address:
City:
Contact's Phone:
State:
Fax:
Property information:
Legal description of area(s) to be licensed:
Subdivision Name: Lot , Block
Tax Parcel ID# - i i::j �j " tt 0 0 i - 610 0 f
Zip:
Are there existing license agreements in place at this location? ej Yes YeS
If yes, provide date, name, and location of such agreements:
Ct &0 rel
51
Site Development Permit Information:
Project name:
Project address:
Submittal date:
Approval date:
Proposed improvements:
Have the improvements/ encroachments been installed prior this application? ❑ Yes p'No
A license agreement is hereby requested to allow encroachment and improvements into and or within the
public property and or public easement as described above. (Give a detailed description of the location
proposed for licensing).
.;
Resolution of Corporate Authority
(Limited Company)
I, L. iit-.{name]}, the undersigned Manager of the
licensed that is the member ofq Fr-t.t� 1��` p z K LLC {name of limited
liability company} the "Company," hereby certify that:
Company is a limited liability company duly organized and existing under the laws of the State
of The following is a true and accurate transcript of a
Resolution adopted at the Z-2 — j (0 {date} Member meeting. The
Company's Members adopted the Resolution, which is contained in Company's minute book, at a duly
authorized meeting. A quorum of Company's Members was present at the entire meeting and all
actions taken at the meeting complied with Company's charter and by-laws. The Resolution has not
been amended or revoked on the date signed below, and remains in full force and effect.
Resolved, that N Lsc--,.r/� L 1t/1Ct ' 1 Q {name}, Y Y^ es 1 IJ
{title) of _ Ftnv\ ( i s ,41,, L LC {name of company}, be and hereby is
empowered to sign any and all documents, to take such steps, and to do such other acts and things, on
behalf of said Company, as in his/tAf [strike one] judgment may be necessary, appropriate or desirable in
connection with any License Agreement entered into with the City of Round Rock affecting the real
property described as:
a subdivision of Williamson County, Texas, according to the map or plat of record in Volume, Page
of the Plat Records of Williamson County, Texas, "Property".
Resolved, that all transactions with the City of Round Rock involving a License Agreement affecting the
Property by any of the officers or representatives of the Corporation, in its name and for its account, prior
to the adoption of these resolutions, are hereby ratified and approved for all purposes.
Signed and seal/ed on
{Seal} 1��.�✓� /��C��/`�
Secretary
10
�- 33 l
Acknowledgement
(Include with each Resolution of Corporate Authority)
STATE OF TEXAS
COUNTY OF WILLIAMSON
Before me � &.nice c Nffe
- _ -(name) the undersigned Notary Public of
the State of Texas, on this day personally appeared ®, We M a Ph ey`S'0 h
{known to me o - — -- }, to
be the person whose name is subscribed to the foregoing instrument and acknowledged to me that
the executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this 29 day of ®eGe b e I.-
A.D.
A.D. 20- 6
[SEAL]
.�'P'"
JANICE RUCLIFFE
My COft MISSlon Eapires
October 9, 201a
OF
v Notary Public, State of Texas
Dote: Resolution of Corporate Authority must authorize
the President or a Vice President to act on behalf
of the corporation, and be signed by, attested, and
dated by the corporate Secretary no earlier than
three months before date of License Agreement.
11
I City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a License Agreement with Four Eleven Partners, LLC
for the right to install a monument sign in the sidewalk right-of-way,
located on the southwest corner of San Saba Street and West Main
Street.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 2/17/2017
Dept Director: Gary D. Hudder, Transportation Director
Cost:
Indexes:
Attachments: Executed Agreement—Four Eleven Partners
Department: Transportation Department
Text of Legislative File CM -2017-1320
Consider executing a License Agreement with Four Eleven Partners, LLC for the right
to install a monument sign in the sidewalk right-of-way, located on the southwest corner
of San Saba Street and West Main Street.
This License Agreement is required for the Four Eleven Partners, LLC development
and is an agreement for an off -premises Monument sign to be located within the west
Main street ROW in the southwest corner of West Main and San Saba.
City of Round Rock Page 1 Printed on 211 612 01 7