CM-2021-141 - 5/14/2021SIDEWALK ]FURNITURE
LICENSE AGREEMENT
Sidewalk Furniture License Agreement ("License") is made this day of
2021, by and between the City of Round Rock, (hereinafter "Licensor"), a
Texas ho rule municipality, and Joseph Restaurant, LLC, a Texas limited liability company
(hereinafter, "Licensee").
Whereas, Licensor is the owner or tenant of the real property (hereinafter "Property") in
the Downtown Master Plan area zoned MU-1 or MU-2, located at 113 West Main Street, Round
Rock, Texas; and
Whereas, Licensee desires to place sidewalk furniture, including furniture pieces and
fencing (collectively "Sidewalk Furniture"), in the public right-of-way abutting the Property; and
Whereas, Licensee agrees that no drilling into the pavers on the sidewalk shall be
permitted for the proposed fencing; and
Whereas, Licensor desires to grant Licensee the right to place Sidewalk Furniture within
the public right-of-way,
NOW, THEREFORE, it is agreed as follows:
License
1. Licensee shall have the right to place Sidewalk Furniture in the public right-of-way
abutting the Property described herein.
This License creates a license only and Licensee does not have any interest of any kind in
the public rights -of -way by virtue of this license.
This License only applies to Sidewalk Furniture, specifically nineteen (19) pieces of
furniture and fencing, listed in the Licensee's Application attached as Exhibit A, to be affixed by
Sticker Numbers 00118, 00119, 00120, 00121, 00122, 00123, 00124, 00125, 00126, 00127,
00128, 00129, 00130, 00131, 00132, 00133, 00134, 00135, and 00136 issued by the City.
Licensee must comply with all other requirements of the Code of Ordinances of the City
of Round Rock, Texas.
Consideration
2. In consideration for grant of this License, Licensee shall pay Licensor a non-
refundable fee of $25 for the first piece of sidewalk furniture and $5 for each additional piece of
Sidewalk Furniture, not to exceed $200, for a total of $115.00.
2°21-I'7l
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Nonassignability
3. This License is personal to Licensee and is not assignable.
Terminable at Will
4. This Agreement is terminable by either party at will by the giving of actual notice to
the other party.
Indemnity
5. 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 this License.
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 whether or not said
claims, demands and causes of action in whole or in part are covered by insurance.
Venue
7. This License shall be construed under 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:
CITY: City of Round Rock
ATTN: Laurie Hadley, City Manager
221 East Main Street
Round Rock, Texas 78664
2,
LICENSEE: Joseph Restaurant LLC
ATTN: Morris Joseph
113 West Main Street
Round Rock, TX, 78664
ITNESS WHEREOF, this AGREEMENT is executed on this �p of
2021.
CITY OF ROUND ROCK
By:
rie a ey, : ity Manager
JOSEPH URANT LLC
By: _
Mo s Josep , bwner
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City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider authorizing a Sidewalk Furniture License Agreement with Joseph
Restaurant LLC for 113 W. Man Street, Round Rock, Texas 78664.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/14/2021
Dept Director: Brad Wiseman, Planrr.ng & Deve opment Services Director
Cost: $0.00
Indexes:
Attachments: LAF - Sidewalk Furniture License Agreement (05 10 21), LAF_Exhibits Joseph
Restaurant LLC - Sidewalk Furniture License Agreement FINAL (05 10 21)
Department: Planning and Development Services Department
Text of Legislative File CM-2021-141
The Sidewalk Furniture License Program allows businesses located within the Downtown Master Plan Area
which are zoned MU-1 (Mixed -Use Historic Commercial Core) or MU-2 (Mixed -Use Downtown Medium
Density) to place sidewalk furniture within the City -owned right-of-way adjacent to said business.
The recommended action is to approve the license agreement.
City of Round Rock Page 1 of 1