R-12-09-13-G1 - 9/13/2012 r
RESOLUTION NO. R-12-09-13-G1
WHEREAS the City of Round Rock ("City") desires to enter into a Development Agreement
with North Mays, Ltd. and Starcorp, Inc. to provide for the temporary use of property located at 500 N.
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Mays Street as a mobile food establishment,Now Therefore
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BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City the attached
Development Agreement, a copy of same being attached hereto as Exhibit"A" and incorporated herein
for all purposes. i
The Cit Council hereby finds and declares that written notice of the date hour, lace and
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subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 13th day of September, 2012.
/M
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Clerk
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EXHIBIT
„A„
STATE OF TEXAS § DEVELOPMENT AGREEMENT
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§ WITH
§ NORTH MAYS, LTD. AND
CITY OF ROUND ROCK, TEXAS § STARCORP, INC.
This Development Agreement ("Agreement") is by and between the CITY OF ROUND
ROCK, TEXAS ("City"), NORTH MAYS, LTD. ("Landlord") and STARCORP, INC.,
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("Tenant"), collectively referred to as "Developers".
RECITALS
WHEREAS, Landlord is the owner of a certain tract of land (the "Property") within the
City of Round Rock, Texas, described in Exhibit "A", attached hereto and incorporated herein,
and
WHEREAS, Tenant proposes to enter into an agreement with Landlord to lease the
Property for the purpose of operating a mobile food establishment ("MFE"), and
WHEREAS, The City and Developers desire to enter into this Agreement which allows
for the temporary use of the Property as an MFE, subject to all of the terms and conditions stated
herein;
NOW, THEREFORE, for and in consideration of the provisions and agreements set forth
herein, the City and the Developers agree as follows:
A. Purpose.
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The purpose of this Agreement is to provide for the temporary use of the Property as a
Mobile Food Establishment, subject to compliance with all of the terms and conditions stated
herein.
B. General Terms and Conditions.
1. The use of the Property for an MFE is on a temporary basis, and shall
automatically expire one year from the date of the approval of this Agreement, unless the City
Council decides prior to the date to allow for an extension of this Agreement.
2. The City, acting through its City Manager, reserves the right to terminate this
Agreement immediately in the event of an emergency, as determined by the City Manager at his
sole discretion. If the City Manager terminates this Agreement for emergency purposes, the
Developers agree that the Developers, their assigns or sub-tenants, have no cause of action
against the City, its elected officials or employees for actions taken by the City under this
section. The Developers agree to include this Agreement as a referenced exhibit to all sub-leases
or similar agreements with mobile food vendors.
3. The City Manager, or his designee, may temporarily suspend the right to use the
Property, or any portion of the Property, as an MFE, for non-emergency violations of any of the
00256964.DOCX
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terms or conditions stated in this Agreement. The City Manager, or his designee, shall provide
written notice to the Developers, stating the nature of the violation and allowing for ten(10) days
to remediate or correct the violation. Failure to cure the violation within this time period may
result in the termination of this Agreement.
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C. MFE Site Requirements.
1. The proposed site layout plan ("Site Layout") is attached hereto and incorporated
herein as Exhibit`B". The Developers agree to conform as closely as possible to the Site Layout,
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including but not limited to, driveway locations (regular and emergency), number and location of
parking spaces (at least 28 spaces) and MFE trailer locations. The number of trailer locations
shall not exceed fourteen (14). Additionally,the Developers agree to the following:
a. Existing concrete, asphalt and base drive area will be utilized and not removed.
No non-organic materials, including but not limited to, gravel, decomposed
granite, crushed granite and asphalt will be added to the surface.
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b. Wheel stops, landscape timbers, or railroad ties, along with striping, where
possible, will be utilized to indicate parking space locations. f
C. Yellow striping will be utilized to designate the main entry into the site, and red
striping will be utilized to designate the emergency access-staging location for
fire and EMS use, both driveways as depicted on the Site Layout.
d. Orange cones will be placed across the emergency access driveway to prevent
unauthorized vehicle entry.
e. An ornamental iron or tubular steel fence approximately six (6)') feet in height
shall be installed approximately ten feet (10') from the edge of the bluff from the
adjacent property to the north and parallel to North Mays Street, as shown on the
Site Layout.
f. A minimum of four(4)portable toilets shall be located near the west property line
as shown on the Site Layout.
g. Electric power shall be provided from the existing electric poles and distributed to
individual trailer pedestals between each pedestal.
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h. Potable water supply, graylblack water removal, and portable toilet service shall
be provided by licensed contract vendors.
2. All MFE's must be a trailer, as defined in Section 502.001(22) of the Texas
Transportation Code and must be fully registered pursuant to all terms and conditions stated in
Chapter 502 of the Texas Transportation Code. i
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2.
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D. Health and Safety Requirements.
1. Developer and all sub-tenants shall fully comply with all requirements and
guidelines promulgated by the Williamson County and Cities Health District, the State of Texas
Food Establishment Rules, and other applicable federal, state or county rules related to the
operation of MFE's or food preparation and handling.
2. Developer shall provide an on-site emergency medical services area and requisite
access, as approved by fire and EMS.
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3. Developer shall provide hand-sanitizing facilities in conjunction with the required
portable toilets, as stated in Section C.L(f).
4. Access drive area as shown on Site Layout will be provided for maintenance and
access to all MFE's.
E. Parking and Traffic Control.
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1. A minimum of twenty-eight (28) on-site parking spaces shall be located
approximately as shown on the Site Layout.
2. All MFE's shall fully comply with plans as shown on the Site Layout, unless
otherwise approved by the City. Traffic and pedestrian safety issues which may arise, whether
addressed or not addressed by Site Layout, may be considered an emergency, and subject to the
provisions of Section B.2 of this Agreement,
3. Developer may request, and the City may approve, the use of supplementary
parking locations. The use of supplementary parking locations shall require a revision to the Site
Layout, referenced above.
F. Signage.
1. One identification sign for the Property will be allowed at the location shown on
the Site Layout. The sign design shall be as shown on Exhibit"C", attached hereto.
2. Individual MFE signage shall be on or attached to each MFE. Menu items may be
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allowed on sandwich boards adjacent to MFE's.
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3. Portable signage to direct traffic to supplementary parking locations, as
authorized by Section E.3, above, shall be allowed, subject to City approval.
G. Time of Operation.
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Hours of operation for the MFE's shall be from 7:00 a.m. through 11:00 p.m. for every
day of the week.
3.
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H. Live Music.
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Live music shall be allowed from Thursday through Saturday. Hours of operation for
Thursdays and Fridays shall be between the hours of 5:00 p.m. and 11:00 p.m. and for Saturdays
between the hours of 12:00 noon to 11:00 p.m. The City reserves the right to cancel or suspend
live music performances for any reason.
I. Miscellaneous Provisions.
1. Actions Performable. The City and Developers agree that all actions to be
performed under this Agreement are performable in Williamson County, Texas.
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2. Governing Law. The City and Developers agree that this Agreement has been g
made under the laws of the State of Texas in effect on this date, and that any interpretation of this
Agreement at a future date shall be made under the laws of the State of Texas. y
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3. Severability. If a provision hereof shall be finally declared void or illegal by any
court or administrative agency having jurisdiction, the entire Agreement shall not be void; but
the remaining provisions shall continue in effect as nearly as possible in accordance with the
original intent of the parties.
4. Complete Agreements. This Agreement represents a complete agreement of the
parties and supersedes all prior written and oral matters related to this agreement. Any
amendment to this Agreement must be in writing and signed by all parties.
5. Exhibits. All exhibits attached to this Agreement are incorporated by reference
and expressly made part of this Agreement as if copied verbatim.
6. Notice. All notices, requests or other communications required or permitted by
this Agreement shall be in writing and shall be sent by (i)telecopy, with the original delivered by r
hand or overnight carrier, (ii) by overnight courier or hand delivery, or (iii) certified mail,
postage prepaid, return receipt requested, and addressed to the parties at the following addresses:
Com•
City Manager
Steve Norwood
221 East Main St.
Round Rock, TX 78664
Phone: (512)
With copies to:
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City Attorney
Steve Sheets
309 East Main St.
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Round Rock, TX 78664
Phone: (512)255-8877 '
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Developers:
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NORTH MAYS, LTD.
150% 5_ Lar.af byX
Ali iTX -7%_7 0
Phone: (512) 6�1- �d�,�) r
STARCORP, INC.
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Phone: q-7!5 3
7. Force Majeure. Developer and City agree that the obligations of each party shall
be subject to force majeure events such as natural calamity, fire or strike or inclement weather.
8. Assignment. This Agreement may be assigned by the Developer only with the
prior written approval of the City, which shall not be unreasonably withheld.
9. Signature Warranty Clause. The signatories to this Agreement represent and
warrant that they have the authority to execute this Agreement on behalf of the City and t
Developer, respectively.
10. Code Compliance. Developers agree to fully comply with all requirements of the
City of Round Rock Code of Ordinances.
11. Hold Harmless. Developers, their assigns, agents or sub-tenants shall indemnify,
defend and hold harmless, the City, its elected officials, and employees against any and all
claims, liabiliti8es, suits, damages of all types, expenses and attorney fees of every nature and }
type arising out of the use or occupancy of the Property.
12. Vesting. Developers agree that the MFE operations allowed herein do not entitle
Developers, their successors or assigns to any vesting rights as stated in Chapter 245 of the
Texas Local Government Code or elsewhere in the City of Round Rock Code of ordinances.
SIGNED as of the day of , 2012.
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(Rest of this page is blank)
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CITY OF ROUND ROCK, TEXAS
By: .
Alan McGraw, Mayor °
ATTEST:
Sara White, City Secretary
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NORTH MAYS, LTD.
By:
JOHN ERY, JR.,
Manager of TXRR, LTD.,
Its General Manager
STARCORP, INC.
By:
Its
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Council Agenda Summary Sheet
PURPOSE.PASSION.PROSPERITY.
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Agenda Item No. G1.
Consider a resolution authorizing the Mayor to execute a Development Agreement with
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North Mays, Ltd. and Starcorp, Inc. to provide for the temporary use of property located
Agenda Caption: at 500 N. Mays Street as a mobile food establishment.
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Meeting Date: September 13, 2012
Department: Planning and Development Services
Staff Person making presentation: Peter Wysocki
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Planning and Development Services Director {
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Item Summary:
As the Council is aware, the City has been contacted by North Mays Ltd. (John Avery, Jr. and Starcorp, Inc. (owners of
StarCo Coffee)seeking approval to operate a mobile food court at 500 N. Mays Street,similar to the food courts in Austin.
If you recall, at the June 26th City Council briefing, the Council gave staff a "green light" to work with Mr. Avery and
Starcorp on a temporary arrangement to allow a mobile food court at this location. The result is a development
agreement that stipulates specifies site improvements,operational requirements and compliance with Williamson County
Health Department food health and safety regulations. The development agreement is specific to this site and allows the
food court to operate for a period not to exceed 12 months from the date of its execution. The agreement also grants
the City the right to terminate the operation of the food court in case of excessive traffic safety concerns or for non-
compliance with the terms of the agreement. Summary of the project is as follows:
- Operation from 7AM to 11PM,daily.
- A maximum of 14 food or beverage vendors, no other vendors are permitted (e.g. arts and crafts).
- Minimum of 2 on-site parking spaces per vendor.
- Live music is permitted only on Thursdays and Fridays from 5PM to 11PM; and on Saturdays and Sundays from 1.
noon to 11PM. I
- Because this is a temporary use, the site will not be paved, and due to its location within the Edwards Aquifer
Recharge Zone, only the existing surface can be used, unless other site improvements are approved by TCEQ.
- Site layout shall be a maintained at all times as depicted in Exhibit B.
- All vendors must comply with Williamson County Health Department regulations, which include proper food
handling and preparation,temperature controls,sanitation and grey water disposal.
- Portable toilets will be provided on-site away from street view.
- Grey water from each vendor unit must be disposed regularly in compliance with Williamson County Health
Department regulations.
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Staff will monitor the success and any detrimental impacts the food court may have. Depending on the success of the
food court, reaction by the community and significance (if any) of the impacts, the development agreement could be
extended by the Council. Staff is also evaluating the merits adopting an ordinance to regulate mobile food courts;
however,future direction by the Council will be necessary on whether or not this type of use should be permitted in other ?
areas of the City through zoning or through site-specific development agreements.
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Cost: There is no cost to the City to execute this document
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Recommended Action: Approval
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STATE OF TEXAS § DEVELOPMENT AGREEMENT
§ WITH
§ NORTH MAYS, LTD. AND
CITY OF ROUND ROCK, TEXAS § STARCORP, INC.
This Development Agreement ("Agreement") is by and between the CITY OF ROUND
ROCK, TEXAS ("City"), NORTH MAYS, LTD. ("Landlord") and STARCORP, INC.,
("Tenant"), collectively referred to as "Developers". #
RECITALS '
WHEREAS, Landlord is the owner of a certain tract of land (the "Property") within the
City of Round Rock, Texas, described in Exhibit "A", attached hereto and incorporated herein,
and
WHEREAS, Tenant proposes to enter into an agreement with Landlord to lease the
Property for the purpose of operating a mobile food establishment ("MFE"), and
WHEREAS, The City and Developers desire to enter into this Agreement which allows
for the temporary use of the Property as an MFE, subject to all of the terms and conditions stated
herein;
NOW, THEREFORE, for and in consideration of the provisions and agreements set forth
herein, the City and the Developers agree as follows:
A. Purpose.
The purpose of this Agreement is to provide for the temporary use of the Property as a
Mobile Food Establishment, subject to compliance with all of the terms and conditions stated
herein.
B. General Terms and Conditions.
1. The use of the Property for an MFE is on a temporary basis, and shall
automatically expire one year from the date of the approval of this Agreement, unless the City
Council decides prior to the date to allow for an extension of this Agreement.
2. The City, acting through its City Manager, reserves the right to terminate this
Agreement immediately in the event of an emergency, as determined by the City Manager at his
sole discretion. If the City Manager terminates this Agreement for emergency purposes, the
Developers agree that the Developers, their assigns or sub-tenants, have no cause of action
against the City, its elected officials or employees for actions taken by the City under this
section. The Developers agree to include this Agreement as a referenced exhibit to all sub-leases
or similar agreements with mobile food vendors.
3. The City Manager, or his designee, may temporarily suspend the right to use the
Property, or any portion of the Property, as an MFE, for non-emergency violations of any of the
00256964.DOCX
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terms or conditions stated in this Agreement. The City Manager, or his designee, shall provide 1
written notice to the Developers, stating the nature of the violation and allowing for ten (10) days
to remediate or correct the violation. Failure to cure the violation within this time period may
result in the termination of this Agreement.
C. MFE Site Requirements.
1. The proposed site layout plan ("Site Layout") is attached hereto and incorporated
herein as Exhibit "B". The Developers agree to conform as closely as possible to the Site Layout,
including but not limited to, driveway locations (regular and emergency), number and location of
parking spaces (at least 28 spaces) and MFE trailer locations. The number of trailer locations 1
shall not exceed fourteen (14). Additionally, the Developers agree to the following:
a. Existing concrete, asphalt and base drive area will be utilized and not removed.
No non-organic materials, including but not limited to, gravel, decomposed
granite, crushed granite and asphalt will be added to the surface.
b. Wheel stops, landscape timbers, or railroad ties, along with striping, where
possible, will be utilized to indicate parking space locations.
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C. Yellow striping will be utilized to designate the main entry into the site, and red 1
striping will be utilized to designate the emergency access-staging location for
fire and EMS use, both driveways as depicted on the Site Layout.
d. Orange cones will be placed across the emergency access driveway to prevent
unauthorized vehicle entry.
e. An ornamental iron or tubular steel fence approximately six (6)') feet in height
shall be installed approximately ten feet (10') from the edge of the bluff from the
adjacent property to the north and parallel to North Mays Street, as shown on the
Site Layout.
f. A minimum of four (4) portable toilets shall be located near the west property line
as shown on the Site Layout.
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g. Electric power shall be provided from the existing electric poles and distributed to
individual trailer pedestals between each pedestal.
h. Potable water supply, gray/black water removal, and portable toilet service shall
be provided by licensed contract vendors.
2. All MFE's must be a trailer, as defined in Section 502.001(22) of the Texas
Transportation Code and must be fully registered pursuant to all terms and conditions stated in
Chapter 502 of the Texas Transportation Code.
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2.
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D. Health and Safety Requirements.
1. Developer and all sub-tenants shall fully comply with all requirements and k
guidelines promulgated by the Williamson County and Cities Health District, the State of Texas
Food Establishment Rules, and other applicable federal, state or county rules related to the
operation of MFE's or food preparation and handling.
2. Developer shall provide an on-site emergency medical services area and requisite
access, as approved by fire and EMS.
3. Developer shall provide hand-sanitizing facilities in conjunction with the required
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portable toilets, as stated in Section C.L(f). s
4. Access drive area as shown on Site Layout will be provided for maintenance and
access to all MFE's.
E. Parking and Traffic Control.
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1. A minimum of twenty-eight (28) on-site parking spaces shall be located
approximately as shown on the Site Layout.
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2. All MFE's shall fully comply with plans as shown on the Site Layout, unless
otherwise approved by the City. Traffic and pedestrian safety issues which may arise, whether
addressed or not addressed by Site Layout, may be considered an emergency, and subject to the
provisions of Section B.2 of this Agreement,
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3. Developer may request, and the City may approve, the use of supplementary
parking locations. The use of supplementary parking locations shall require a revision to the Site
Layout, referenced above.
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F. Signage.
1. One identification sign for the Property will be allowed at the location shown on
the Site Layout. The sign design shall be as shown on Exhibit "C", attached hereto.
2. Individual MFE signage shall be on or attached to each MFE. Menu items may be
allowed on sandwich boards adjacent to MFE's.
3. Portable signage to direct traffic to supplementary parking locations, as
authorized by Section E.3, above, shall be allowed, subject to City approval.
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G. Time of Operation.
Hours of operation for the MFE's shall be from 7:00 a.m. through 11:00 p.m. for every
day of the week.
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3.
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H. Live Music.
Live music shall be allowed from Thursday through Saturday. Hours of operation for
Thursdays and Fridays shall be between the hours of 5:00 p.m. and 11:00 p.m. and for Saturdays
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between the hours of 12:00 noon to 11:00 p.m. The City reserves the right to cancel or suspend t
live music performances for any reason.
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I. Miscellaneous Provisions.
1. Actions Performable. The City and Developers agree that all actions to be
performed under this Agreement are performable in Williamson County, Texas.
2. Governing Law. The City and Developers agree that this Agreement has been
made under the laws of the State of Texas in effect on this date, and that any interpretation of this
Agreement at a future date shall be made under the laws of the State of Texas.
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3. Severability. If a provision hereof shall be finally declared void or illegal by any
court or administrative agency having jurisdiction, the entire Agreement shall not be void; but
the remaining provisions shall continue in effect as nearly as possible in accordance with the
original intent of the parties.
4. Complete Agreements. This Agreement represents a complete agreement of the
parties and supersedes all prior written and oral matters related to this agreement. Any
amendment to this Agreement must be in writing and signed by all parties.
5. Exhibits. All exhibits attached to this Agreement are incorporated by reference
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and expressly made part of this Agreement as if copied verbatim.
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6. Notice. All notices, requests or other communications required or permitted by
this Agreement shall be in writing and shall be sent by (i) telecopy, with the original delivered by
hand or overnight carrier, (ii) by overnight courier or hand delivery, or (iii) certified mail,
postage prepaid, return receipt requested, and addressed to the parties at the following addresses:
City:
City Manager
Steve Norwood
221 East Main St.
Round Rock, TX 78664
Phone: (5 12)
With copies to.
Cit Attorney
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Steve Sheets i
309 East Main St.
4.
Round Rock, TX 78664
Phone: (512) 255-8877
Developers:
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NORTH MAYS, LTD.
50% 5 Loo,*,( bvX
ATX l%10�
Phone: (512)
STARCORP, INC.
Phone: & Z 3- 9 7 5 3 i
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7. Force Majeure. Developer and City agree that the obligations of each party shall
be subject to force majeure events such as natural calamity, fire or strike or inclement weather.
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8. Assignment. This Agreement may be assigned by the Developer only with the
prior written approval of the City, which shall not be unreasonably withheld.
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9. Signature Warranty Clause. The signatories to this Agreement represent and
warrant that they have the authority to execute this Agreement on behalf of the City and
Developer, respectively.
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10. Code Compliance. Developers agree to fully comply with all requirements of the
City of Round Rock Code of Ordinances.
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11. Hold Harmless. Developers, their assigns, agents or sub-tenants shall indemnify,
defend and hold harmless, the City, its elected officials, and employees against any and all
claims, liabiliti8es, suits, damages of all types, expenses and attorney fees of every nature and
type arising out of the use or occupancy of the Property.
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12. Vesting. Developers agree that the MFE operations allowed herein do not entitle
Developers, their successors or assigns to any vesting rights as stated in Chapter 245 of the
Texas Local Government Code or elsewhere in the City of Round Rock Code of ordinances.
SIGNED as of the [JA` day of , 2012.
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(Rest of this page is blank)
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CITY OF ROUND ROCK, TEXAS
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By:
Alan"N41cGraw, Mayor
ATTEST:
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Sara White, City Saswetaf�.enevC-
NORTH MAYS, LTD.
By:
JOHN ERY, JR.,
Manager of TXRR, LTD.,
Its General Manager
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STARCORP, INC.
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, P►4 A REPLAT OF THE EAST 150 FEET OF
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EXHIBIT WILIAMSON COUNTY,TEXAS
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