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CM-2017-1570 - 12/18/2017RIGHT OF ENTRY AGREEMENT City: City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Requestor: Slap Box Round Rock, LLC 201 East Main Street Suite 102 Round Rock, Texas 78664 Property: Sharon Prete Main Street Plaza 205 East Main Street Round Rock, Texas 78664 City grants a Right of Entry upon the Property to Slap Box Round Rock, LLC ("Requestor"), its agents and contractors, upon the following terms and conditions: 1. The Requestor, its employees, agents and contractors, may enter upon the Property from and after the date of execution of this document for a period not to exceed months for the purposes of boundary (ground) and topographic surveying. No excavations or o her disturbances of the Property or improvements on the Property will be permitted, unless approved in writing by the City Parks Department. 2. The Requestor shall give 24-hour notice to the Parks and Recreation Department of the City at the number provided below, that the Requestor, its employees, agents and contractors will be entering the Property for the purposes set forth. Because the Property is utilized as a public park, the City reserves the right, which will not be unreasonably withheld, to withhold permission to enter the Property if the City determines, in its sole discretion, that there will be an interference with park activities. 3. Requestor agrees to indemnify, defend and otherwise hold the City harmless from any liability, loss, or other damages of any kind caused to the City, third persons, or to the Property by its employees, agents or contractors as a result of the activities described herein and performed upon the Property. Prior to entry to the Property any consultants shall provide to City evidence of existing commercial liability insurance in the minimum coverage amount of $1,000,000. 4. The undersigned certifies that he or she is the he duly authorized agent of the Requestor Executed on the �� day of L '2017. Phone: Email: i .��9�lstol Signed: Printed Name: -Zfak S AGREED: CAofRnd Rock, Texas / B Name: 201 -7 --1` j70 Date: L"�'S-{' 7 Contact information: Rick Atkins Parks Director Email: ricka@roundrocktexas.gov Phone: (512) 218-5540 City of Round Rock 1 - F ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider a right of entry agreement authorizing Slap Box Round Rock, LLC to enter and survey a portion of Sharon Prete Main Street Plaza to facilitate the potential construction of a patio. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 12/8/2017 Dept Director: Brad Wiseman, Planning and Development Services Director cost: $0.00 Indexes: Attachments: Executed Doc - Slap Box Right of Entry.pdf Department: Planning and Development Services Department Text of Legislative File CM -2017-1570 Consider a right of entry agreement authorizing Slap Box Round Rock, LLC to enter and survey a portion of Sharon Prete Main Street Plaza to facilitate the potential construction of a patio. This agreement will permit the proprietor and contractors of Slap Box Pizzicheria, the new restaurant at 203 East Main Street in the former Svante's space, to enter the portion of Sharon Prete Main Street Plaza adjacent to their building to conduct surveying work. Slap Box representatives have been in contact with Planning & Development Services and Parks & Recreation regarding the construction of a covered patio in the area that is currently landscaped outside the door that was installed in the building a few years ago. Minimal digging may be necessary to locate underground utilities, but no heavy equipment will be permitted. The agreement allows such work for a maximum of six (6) months, and requires Slap Box representatives to inform Parks & Recreation Department Director Rick Atkins at least 24 hours in advance of any work in order to avoid conflict with previously scheduled Plaza events. City of Round Rock Page 1 Printed on 121812017