CM-2015-772 - 5/15/2015 City of Round Rock
ROUND ROCK
Texas Agenda Item Summary
Agenda Number:
Title: Consider authorizing a Sidewalk Furniture License Agreement with
Michael Faulk, d/b/a Starcoffee Texas, Inc. for 201 E. Main Street, Ste.
101, Round Rack, Texas 78664.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/15/2015
Dept Director: Brad Wiseman, Planning and Development Services
cost: $0.00
Indexes:
Attachments: Application, Certificate of Appropriateness, License Agreement, Stickers -
201 E Main
Department: Planning and Development Services Department
Text of Legislative File CM-2015-772
Consider authorizing a Sidewalk Furniture License Agreement with Michael Faulk, d/b/a
Starcoffee Texas, Inc. for 201 E. Main Street, Ste. 101, Round Rock, Texas 78664.
The Sidewalk Furniture License Program allows businesses located within the
Downtown Master Plan Area which are zoned MU-1 or MU-2 to place Sidewalk
Furniture within the City-awned right-of-way adjacent to said businesses.
The recommended action is to approve the license agreement.
C y of Round Rock Page 1 Primed on 5112/2015
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Planning S Devehpment SeMoes Project Name: Sidewalk Furniture License Agreement
Project Mgr/Resource: Savin Gomalez Contractor/Vendor: WA
Council Action:
ORDINANCE Q RESOLUTION
Agenda Wording
QCity Manager Approval
CMA Wording
Consider authorizing a Sidewalk Furniture License Agreement with Michael Faulk,d/b/a StarcoffeeTexas,Inc.for 201 E.Main
Street,Ste.101,Round Rock,Texas 78664.
Attorney Approval
Attorney ii Date
Notes/Comments
O:\wdox\SCClnts\0114\141S\MUNICIPAL\00333683.XLS Updated 613108
SIDEWALK FURNITURE
LICENSE AGREEMENT
s Sidewalk Furniture License Agreement ("License's is made thi day of
2015, by and between the City of Round Rock, (hereinafter "Licensor"), a
exas ho rule municipality,and Starcoffee Texas, Inc. (hereinafter, "Licensee").
Whereas, Licensor is the owner or tenant of the real property(hereinafter, 'Property") in
the Downtown Master Plan area MU-1 or MU-2 district 1, located at 201 E. Main Sheet,Round
Rock,Texas 78664; and
Whereas,Licensee desires to place Sidewalk Furniture in the public right-of-way abutting
the Property; 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 Fumiture 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 listed in the Licensee's Application
attached as Exhibit A and affixed by Sticker Number(s) 00101, 00102, 00103, 00104, 00105,
00106,00107,00108,00109, 00110, 00111, 00112, 00113, 00114,and 00115 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$95.00. -
Nonassignability
3. This License is personal to Licensee and is not assignable.
CM. ZV1:5-77 2
omnsrxaoc
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
LICENSEE: Starcoffee Texas,Inc.
ATTN: Michael Faulk, Business Owner
201 E.Main Street, Ste. 101
Round Rock,TX,78664
2.
yI ES WHEREOF,this AGREEMENT is executed on this day of
'2015.
(J CITY OF ROUND ROCK
4L, e H�ICity ace er
STARCOFFEE TEXAS,INC.
By. <:& ,'L,..`-Y"�---
Michael Faulk, Business Owner
3.
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Application for License Agreement
Sidewalk Furniture Program
Applicant Information: j
e
SELECT ONE: m - on [3 Limited Liability Company
XPartnerehipf Joint Venture ❑ Limited Partnership F
❑Individual t
Note:A document must be attached authorizing the Applicants signature on behalf of an entity selected t
above.
Contact Name: IaA tee lrVU L/--
OrganizationName: �✓(a.Y4.ok t.Pt �eyn5 ,1 uuc
Address: 2D1 101
City: p„—A¢,.IL/ Spate: zip: '16re(.4
Contacts Phone: C,LZ��II-'j1�}} Fax: r-+l2 21R- t'lig9
Land Owner's Information: (If different from Applicant)
SELECT ONE: ❑Corporation ❑Limited Liability Company
❑Partnership/Joint Venture `Limited Partnership
❑Individual
Note: A document must be attached authorizing the Applicant's signalure on behalf of an entity selected
above.
Contact Name:
Organization Name: Ln ;, IW -ft- Z-5. LAA,
Address: 1 IOr. tfy,� i;,�, '&,X. ,
City. t�ew-`c6RwJ�-./ State: yr.as zip: -M, 1
Contacts Phone: KIZ EQ(.-ZBfiB Fax tilz f " i'LDO [4
Property information: tli
Address:(if different from above): 'CDI >Gam- ' f1�a-�+--5�'•�•*-�• �wc�f�'ir�/'�L 'j(r�eG - li
Proposed Sidewalk Furniture: r
Have any Sidewalk Furniture pieces been placed In-an adjacent public right-of-way prior to this
application? b(Yes ❑ No
If yes:
Total number of Sidewalk Furniture pieces the Applicant currently has placed in an adjacent
public right-of-way without an affixed license sticker:
Total number of Sidewalk Furniture pieces placed In an adjacent public right-of-way with an
affixed license sticker: [
Total number of new Sidewalk Furniture pieces the Applicant is requesting be approved for l
placement in an adjacent public right-of-way:
— 0--
i
If no:
Number of Sidewalk furniture pieces the Applicant Is requesting be approved for placement In an
adjacent public right-of-way:
Is the property address a historic landmark or in a historic district? kes ❑ No {{{
If no: i
The Applicant must attach a dimensional sketch plan or sketch showing the placement of all l
Sidewalk Furniture,existing and new, and its proposed location within the public right-of-way and
sidewalk clearance.
If yes:
The Applicant will also require a Certificate of Appropriateness from the Historic Preservation t
Commission, and in addition to attaching the above dimensional sketch plan, the Applicant must It
also attach additional documents showing color,s e aqd materials of the SideVIk Furniture. -
(Yrtuio•�c� ..t+, a. a.+ I'L.•-.r L.c_�.e.+ . 1144 .Mw.•� k
I,the undersigned, declare the information provided In this Application to be valid and correct. I
understand that a non-refundable fee of$25.00 for the first piece of sidewalk furniture and$5.00
for each additional piece, not to exceed $200.00 per Application is required to process the i
Application. \/�)
Signed by: �1• —�' L J` ) L
Applicant ft
Printedname: •c.4 Atka Aum
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201 - Mcun S1 rec4 SI e I 0 I
SIDEWALK
s FURNITURE LICENSE
�i 00101
SIDEWALK
c FURNITURE LICENSE
00102
s®'S FURNITUREALK
LICENSE
00103
SIDALK
c� FURNITURELCENSE
00104
c�r SIDEWALK
FURNITURE LICENSE
00105
SIDEWALK
FURNITURE LICENSE
00106
e SIDEWALK
FURNITURE LICENSE
00107
�- SIDEWALK
S FURNITURE LICENSE
00108
SIDEWALK
s FURNITURE LICENSE
00109
SIDEWALK
FURNITURE LICENSE
00110
v SIDEWALK
s� FURNITURE LICENSE
00111
SIDEWALK
s FURNITURE LICENSE
00112
cl 1€
FURNITURE LICENSE
00113
s FURNITURE SENSE
00114
M SIDEWALK
s� FURNITURE LICENSE
00115
Certificate of Appropriateness Application
JM7_�TM�SoIHistoric Preservation Commission
Submit this form and all necessary attachments(see checklist)at least 14 days before the Historic Preservation
Commission meeting to the Planning&Development Services Department, 301 W. Bagdad Avenue, Suite 210,
Round Rock Texas 78664;ph. 512-218-5428.
Applicant contact information
Name: Michael Faulk, StarCoffee Texas, Inc.
Address: 201 E.Main Skeet,Suite 101
Phone: 512-971-7734 Fax: 512-218-1349 Email: mike@faulkarehilects.com
Role: ❑ Owner W Architect/contractor ❑ Other: tenant
Developer contact information
Name: nla
Phone: Fax Email:
Property Address:201-203 E. Main Street (Nelson Hardware Bldg.)
1. In the space below,briefly describe the work proposed (use separate pages)if necessary).
2. Please refer to the attachment checklist for additional materials necessary to evaluate the
proposed work.
Description of proposed work:
Six black mesh bistro tables and twelve chairs on sidewalk: Garden Treasures"Davenport"(both)
t
Signature D.
Certificate of Appropriateness
jt��U0.�CICK TEXASAdministrative Review
sv...r sones
Property Address: 201-203 E.Main Street
Applicant Contact Info:
Michael Faulk;512-971-7734;mike®fauUk chitects.com
StarCoffee Texas,201 E.Main Street,Suite 101
Administrative Certificate of Appropriateness for.
❑Paint color(excluding ❑ Flat roof material/color ❑ Elements attached to fagade
previously unpainted surfaces) Gutters/downspouts (lights,mailboxes,etc.)
❑Mechanical equipment ® Landscape elements ❑ Historic interpretive
placement/screening ❑ Accessibility ramp signage
❑ Trash&recycling ❑ Existing awning fabric/color ❑ Minor modification to CofA
placement/screening that meets intent of original
E] Fences ® Code-required elements CofA
Elor
Tempary weatherization
❑ Ground lighting /stabilization measures ❑ Renewal of expired CofA
Project Description:
Six black mesh bistro tables and twelve chairs:Garden Treasures"Davenport" (both)
Conditions:
Black mesh bistro tables and chairs (Garden Treasures"Davenport")are approved.
This Certificate of Appropriateness is being processed in conjunction with a Sidewalk Furniture
License Agreement.
® Approved with the above conditions.This document is your Certificate of Appropriateness,
❑ Not eligible for staff review.Review by the HPC has been scheduled on:
Signature: ,� Date: d A
cc: Jerry Hodges,Chau,Historic Preservation Commission J
Mark Remmert,Chief Building Official