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CM-2026-063 - 3/6/2026 DOWNTOWN SIDEWALK FURNITURE LICENSE AGREEMENT THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § This. Downtown Sidewalk Furniture License Agreement (hereinafter "Agreement") is made this (.2 day of MarCY) , 2026, by and between the CITY OF ROUND ROCK, TEXAS a Texas home rule municipality, whose address is 221 East Main Street, Round Rock, Texas 78664 (hereinafter "Licensor"), and QQQ ROUND ROCK LLC SERIES I, whose address is 1000 N IH 35(hereinafter the "Licensee"). Whereas, Licensor is the owner of the real property (hereinafter, "Property") located Downtown in the City of Round Rock, Williamson County, Texas, which is public right-of-way, specifically located at 204 E Main St; and Whereas,Licensee desires to place Sidewalk Furniture in the public right-of-way;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: I. License 1.1 Licensee shall have the right to place Sidewalk Furniture in the public right-of-way described herein. 1.2 It is understood that this Agreement creates a license only and that Licensee do not and shall not claim at any time any interest or estate of any kind in the public right-of-way located within the Property by virtue of this license. 1.3 This License only applies to Sidewalk Furniture placed in the allowed area shown in the exhibit attached to the License Agreement Application. Licensee shall present a detailed plan to the PDS Director for review and approval. Approval of any plan shall be solely within the discretion of the PDS Director or his designee. 1.4 It is further understood that Licensee must comply with all other requirements of the Code of Ordinances of the City of Round Rock, Texas. II. Consideration 2.1 In consideration for grant of this License Agreement, Licensee is not required to CM— 20210 oco pay Licensor a fee: however, an Annual Sidewalk Furniture Permit fee of $50 is required. III. Nonassignability 3.1 The license granted in this Agreement is personal to Licensee. This Agreement is not assignable.Any assignment in violation of this Agreement will automatically terminate the license.Notwithstanding the foregoing, with the consent of the Licensor,Licensee shall be permitted to assign Licensee's license under this Agreement to any entity acquiring all or a portion of Licensee's property adjacent to the Property or a property owners association created to maintain Licensee's improvements 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. IV. Terminable at Will 4.1 This Agreement is terminable by either party at will by the giving of actual notice to the other party. Upon termination, any improvements to the Property, at Licensor's option exercised in writing, will become the property of Licensor and it is agreed that Licensor will not reimburse Licensee for any costs expended for said improvements. V. Indemnity 5.1 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 THE LICENSE UNDER THIS AGREEMENT, EXCEPT FOR ACTS OF LICENSOR OR ITS OFFICERS, AGENTS OR EMPLOYEES, THAT ARE NEGLIGENT OR OF WILLFUL MISCONDUCT OR OF LICENSOR'S CONTRACTOR'S ACTS THAT ARE NEGLIGENT OR OF WILLFUL MISCONDUCT. VI. Release 6.1 Licensee assume 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 any 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 under this Agreement whether or not said claims, demands and causes of action in whole or in part are covered by insurance. VII. Venue 7.1 This Agreement shall be construed under and accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Venue for any dispute under this Agreement shall lie exclusively in the courts of Williamson County,Texas. VIII. Notice 8.1 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 East Main Street Round Rock,Texas 78664 LICENSEE: QQQ ROUND ROCK LLC SERIES 1 ATTN: Patrick Brown, Real Estate Consultant Inc. 1000 N IH 35 Round Rock,Texas 78681 [Signature pages to follow.] WITNESS WHEREOF, Grantor has caused this instrument to be executed this i day of ,2021, LICENSEE: By: Name: L9qk/g )1 eg- Title:Tifc�o i Vib peAy P-Ik�►� ACKNOWLEDGMENT THE STATE OFT-- 5 § ` ,� l COUNTY OF W 1�1aKs-O.1("N § u-- This instrument was acknowledged before me on this the cob-el day of the month of 2 D, , 20224, by LAV eve W (Name), blrecA.oe Propvi 6 M - (Title)of D QC ,on behalf of said entity,known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of and on behalf of said entity and in the capacity and for the purposes and consideration therein expressed. Q44(4kAi•-: Signatu Ated PrinName Notary Public, State of -1-;-" AS After executing,please return to: Planning and Development Services wY v‘/ ANGELA DIANE ROBINSON 301 West Bagdad Avenue, Suite 210 1 Z`�j�°,, Notary ID#10030904 Round Rock, TX 78664 L !I My Commission E December 26, 2026 LICENSOR: City of Round Rock, Texas By: Broo s ennett, City Manager Date: Maic (0, 2.o?1,0 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this ( day of March , 2024 by Brooks Bennett, City Manager of the City of Round Rock, in the capacity and for the purposes and consideration therein indicated. • .......;49 64)1a o�PRY P(/B . Signature : c _ = i3/0T)ca Gill .s c P Printed Name •. i rF OF 73056-. ���` Notary Public, State of Texas Exhibit 1 204 E Main Street-Downtown Sidewalk Furniture Allowable Area Legend1 5 \ i i \‘t Parcel N, is -A0, ,::::, . -0 -----'t e= f hi Sidewalk Furniture , Allowable Area iiii Ir _ -' - , . re ..._ -�* le)A vs- , B 4 r\ • \ '''''''.. ..' .-''' 11 I%I, .I tit),-,... . •f 1 ✓- 'Hr z Sidewalk Furniture may only be placed in the area indicated on this map and in compliance with the requirements of the Downtown Sidewalk Furniture Program.