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R-88-1143 - 8/11/1988WHEREAS, The Deli Shoppe located at 203 East Main Street in Round Rock, Texas, desires to utilize approximately nine (9) feet of street right -of -way, and WHEREAS, the City is the owner of said which is adjacent to 203 East Main Street, Now Therefore, 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 a license agreement which is attached hereto and incorporated herein as Exhibit "A ". RESOLVED THIS // day of August, 1988. ATTEST: 1 NE C28RESDELI LAND, City Secretary RESOLUTION NO. //7 MIKE ROBINSON, Mayor City of Round Rock, Texas THE STATE OF TEXAS COUNTY OF WILLIAMSON • • LICENSE AGREEMENT • • • A ' Lis IS AGREEMENT is made and entered into this 472C/ day of 1988 by and between the City of Round Rock, a Q Tex municipal corporation (Licensor), and The Deli Shoppe, Inc., its successors and assigns (Licensee). RECITALS WHEREAS, Licensee leases and occupies certain real property at 203 East Main Street, #101, Round Rock, Williamson County, Texas, and being more particularly described as the ground floor of the Nelson Building on lots 11 and 12, block 10 of Round Rock Original Plat, and incorporated herein for all purposes (the "Property "); and WHEREAS, Licensor is the owner of approximately nine (9) feet of street right -of -way (the "License Parcel "); adjacent to the above - described property; and WHEREAS, Licensee desires to utilize the License Parcel as an outdoor dining area, and agrees to reserve a minimum of forty - eight (48) inches of clear sidewalk for public access along Lampasas Street; and WHEREAS, Licensee agrees to provide a bonafide Certificate of Insurance as proof that the License Parcel is covered for insurance purposes; and - WHEREAS, such outdoor dining area would not adversely affect the public's use of said right -of -way, and Licensor has no immediate need for the License Parcel; NOW THEREFORE, for and in consideration of TEN and NO /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Licensor and Licensee hereby agree as follows: 1. Licensor hereby grants and demises unto Licensee the right to use and maintain an outdoor dining area on the License Parcel during the hours of business of the Licensee's eating establishment. 2. Licensee agrees to install said outdoor dining area at or after the time of opening and to remove said outdoor dining area before or by the time of closing of each business day. 3. Licensee further agrees to indemnify the Licensor against liability, loss, or damage Licensor may suffer as a result of costs or judgements against Licensor arising out of the existence of the herein described outdoor dining area upon the License Parcel, if said liability, loss, or damage would not have occurred had the herein described outdoor dining area not existed upon the License Parcel at the time of occurrance giving rise to the liability, loss, or damage. 4. The License granted herein is NOT assignable by Licensee, its successors, and assigns to any subsequent tenants of the Property. This agreement shall be binding and enforceable by the parties hereto, and their respective successors and assigns. Lincensee shall cause any immediate successors in interest to have factual notice of this license agreement. 5. The license granted herein shall be revocable by Licensor at such time as the City Council of Licensor declares that it intends to use the License Parcel for the expansion of Lampasas Street and /or for the installation of utilities, and that the continuation of the outdoor dining area upon the License Parcel would be in conflict with such intended use by the Licensor.- At such time, Licensor shall give to Licensee, its AT ST: - J.! NNE LAND, i y Secretary STATE OF TEXAS COUNTY OF WILLIAMSON STATE OF TEXAS COUNTY OF WILLIAMSON This i.r)strument was ac ledge this c day of Lands, owner of The Deli hopp corporation. successors, or assiigns, sixty (60) days written notice of Licensor's intent to use the License Parcel. Licensee agrees to remove said outdoor dining area within thirty (30) days after receipt of such written notice from Licensor. 6. The notice required of the Licensor herein shall be in writing and shall be deemed to have been properly delivered as of the date such notice is hand delivered to the occupant of the Property or deposited in the United States Mail, certified or registered mail, return receipt requested, postage prepaid, addressed to Occupant, 203 East Main Street, #101, Round Rock, Texas, 78664. 7. This license shall expire automatically upon the completion or termination of the Licensee's business lease of the Property. 8. Neither the granting of this license, nor of any related permit, constitutes abandonement by the Licensor of its property, easement or easements, or any other rights in and to the above described property. Licensee expressly stipulates and agrees by Licensee's acceptance of this license that Licensee neither asserts nor claims any interest or right of any type or nature whatsoever, either legal, equitable, or otherwise in and to Licensor's property. IN WITNESS THEREOF, the parties hereto have executed this agreement on the day and year first above - written. LICENSOR: The City •.un Rock, Texas MIKE ROBINSON, Mayor LICENSEE: The D- i hoppe, Inc DELANA LANDS, Owner This instrument was acknowledged,before me, a notary public, this 1 day of 1988, by Mike Robinson, Mayor of the City of Round Rock, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas (Printed Name) Commission Expires: , 1988, b 0 I i o0 WH Ibf Notary Public, State al Texas ra i My Commission Expire Apnl 1,1991 Notary Public, State of Texas hondc>` Coche l I (Printed Name) Commission Expires: 4-1 Ho, Lana said 1 a m A a s a s s t north restaurant entrance outdoor dining area EXHIBIT "A" sidewalk Nelson Hardware Bldg. AB'. iura Trinit Universal COVERAGESt >R'.;. /y :Y?= : :,. • t.r.r >> :^ . :.2.IH,3 � :,'3.- "i�'2, :_x1•:r OTHER N E ISSUE DATE I•MM/ODIYY) 3 -22 -88 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE S' d IISFASE EACHE!iPOYEEI BI 6 PD Ls COMBINED!Q I$ $TATUTORV $ !DISEASE- POLICY LIMIT) t. . r' * e- rw t '��' s �•' Of CEFRTIEIC OFI SUFI PRODUCER Georgetown Insurance Agency P. 0. Box 857 Georgetown, Texas 78627 INSURED DeLana Lands & Sharon McCarty The Deli Shoppe, Inc. 203 E. Main #101 Round Rock, Texas 78664 . CO LTR THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR 'AY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLIC._S. TYPE OF INSURANCE GENERAL LIABILITY COMPREHENSIVE FORA PREMISES/OPERATIONS UNDERGROUND EXPLOSION G COLLAPSE HAZARD PRODUCTS,CC.PLETEO OPERATIONS CONTRACTUAL IM)EPENDENT CO.':TRACTORS BROAD R)E'.1 PROPERTY DAMAGE PERSONAL 'L.L'9Y AUTOMOBILE LABILITY ANY AUTO ALL C: I ED .E IV: PASS ) ALL OWNED AU EOS (QTHE9 THAN •91V PASS. HIRED AUTOS NON OWNEO A'1TOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FT;'.q OTHER THAN I 1 BELLS WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY City of Round Rock 214 E. Main Round Rock, Texas 78664 POLICY NUMBER TCPP8572737 P9'LY EFTECTNE GATE 0L' :901A'1 i DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/SPECIAI ATE• +S 1 City owned property to be used as outside eating area. POLICY T1PRET.'ON 0111 +�;0.UDM"A 11 -17 -88 LIABILITY LIMITS IN THOUSANDS C; OCOILY I INJURY J PROPERTY! DALIAGE • CC69H'cDl 0 300 P a -'V -t.r I S EA CCCURRE hCE s $ 600 $ 4 ESP. AGGREGATE 11 y SHOULD ANY OF TIP ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- _ A' RATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO "AIL 10 CAYS WRITTEN NOT111 TO THE CERTIFICATE HOLDER NAMED TO THE LT:FT .CUT FAIL c MAIL SUCH NOj/FE SHALL IMPOSE NO OBLIGATION OA LIABIUTY CF ANY KING FON THE COMPANY /fS AGENTS OR REyRESENTATIVES. AUTH„R!ZED R' RES/NTATIVE 7 /,,% •! i m a a s north restaurant entrance 1 outdoori dining 1 area • • EXHIBIT "A" sidewalk Nelson Hardware Bldg. •4.^! C T TYPE OF INSURANCE P POLICY NUMBER D POLICY EFFECTIVE P POLICY EXP:RATION LIABILITY LIMITS IN THOUSANDS EACH AGGREGATE �� ii i ,7 ,gy u) ,*42. • 4 " ^ZEFEI •,, COVERAGESAM%c t'Mf . . 1 1-#WW-Mig0 4i1EPV' . 7 of • N (1 'N ••■ COMPANY COMPANY LEPEER c COMPANY pr LETTER COMPANY LETTER . A SSUE DATE LW/DIVVY) 3-22-88 - • •r• PRODUCER L j Georgetown Insurance Agency P. 0. Box 857 Georgetown, Texas 78627 INSURED DeLana Lands & Sharon McCarty The Deli Shoppe, Inc. 203 E. Main #101 Round Rock, Texas 78664 . THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS cERTIFIcATE mAy BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERms, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. 4c9 81 .T'oaffAVANW 71git,-. City of Round Rock 214 E. Main Round Rock, Texas 78664 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- : P DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ,, LEFT, BUT FAIL MAIL SUCH NOnE SHALL IMPOSE NO OBLIGATION OR LIABILITY CF ANY KIND JPOrHE COMPANY/4S AGENTS OR RErESENTATIVES. ta AUTHORIZED R RES/I= ',, .1 iLilLtAdt. t- liFeikcft ' = Arino44 - 7 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS City owned property to be used as outside eating area. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY A LETTER COMPANIES AFFORDING COVERAGE Trinit Universal DATE: August 8, 1988 1 SUBJECT: Council Agenda, August 11, 1988 ITEM: 11A. Consider a resolution authorizing the Mayor to enter into a license agreement with the Deli Shop. STAFF RESOURCE PERSON: STAFF RECOMMENDATION: The Deli Shoppe located at the rear of the Nelson Hardware Building, has established a small:sidewalk cafe at their r entrance. This license agreement provides for this use as well as the necessary protection for the City. ECONOMIC IMPACT: N/A Joe Vining and Steve Sheets