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R-98-01-08-10A - 1/9/1998 '11it,.-... i 3�;'� ,t CITY OF ROUND ROCK �4 !eK, i'`.... _'rrriii 221 East Main Sheet =yN„��r/ttltt Round Rock,Texeo 78664 512-215-5400 February 26,1998 Mr.Steve Pena Round Rock Main Street Venture,L.L.C. 307 East Main Street Round Rock,TX 78664 Dea The Round Rock City Council approved Resolution No.R-98-01-08-10A at their regularly scheduled meeting on January 8,1998. Enclosed is a copy of the resolution and license agreement for your files. If you have any questions,please do not hesitate to call. Sincerely, J anne Land Assistant City Manager/ City Secretary Mayor Enclosure(s) Charles Culpepper Mayor Pro-tern Earl Palmer - Coaneil Members Robert Stluka Rod Morgan Rick Stewart Martha Chavez Jimmy Joseph City Manager Robert L Bennett,Jr. City Attorney Stephan L Sheets Pax:512-218-7097 1.800.735-2989 TDD 1-800.735-2988 Voice RESOLUTION NO, R-98-01-08-10A WHEREAS, Round Rock Main Street Venture,, L.L.C., owns property located at 307 East Main Street, and WHEREAS, Round Rock Main Street Venture, L.L.C. desires to use a portion of the City's right-of-way on Main Street for an on-premises sign, and WHEREAS, the City Council desires to enter into a License Agreement whereby such sign will he allowed to exist until such time that the City Council determines that the right-of-way is needed for road expansion or utility purposes, 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 with Round Rock Main Street_ venture, L.L.C., a copy of such agreement being attached hereto and incorporated 'herein for all intents and purposes. The City Council hereby finds and declares that written notice of the date, hour, place and 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, and the Act. RESOLVED this 8th day of January, 1998. V_Zz��Z CHARLES CUrliEPPnR, Mayor AT ST: City of Round Rock, Texas J61NNE LAND, City Secretary K:\WPOOCS\ReSWL[ITI\RSfl OlOBA.WPD/kah LICENSE AGREEMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § GG'v\ THIS AGREEMENT, is made and entered into this the 3 — day of 199y, by and between the CITY OF ROUND ROCK, TEXAS, a Texa municip I corporation ("Licensor"), and ROUND ROCK MAIN STREET VENTURE, L.L.C., its, successors and assigns ("Licensee"). RECITALS WHEREAS, Licensee owns and occupies real property located at 307 East Main, Round Rock,Williamson County, Texas, being more particularly described in Exhibit"A," attached hereto and incorporated herein for all intents and purposes(the"Property"); and WHEREAS, Licensee has recently rented the house on the Property to be used as an insurance agency office; and WHEREAS, there is approximately thirty-five feet(35') of unused right-of-way for use as an on-premises sign as indicated on Exhibit"B,"attached hereto and incorporated herein for all intents and purposes (the"License Parcel"). and WHEREAS, the most southerly edge of said sign shall be set back seven and one-half feet from the northern edge of the sidewalk located in the Main street right-of- way as indicated on Exhibit°B", and WHEREAS, such sign 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/100THS DOLLARS ($10.00) and other good and valuable consideration, the receipt 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 on-premises sign on the License Parcel. 2. The license granted 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 Main Street and/or for the installation of utilities, and that the continuation of the on-premises sign upon the License Parcel would be in conflict with such intended use by Licensor. At such time, Licensor shall give to Licensee, its successors or assigns, sixty (60) days written notice of Licensor's intent to use the License Parcel. Licensee agrees to remove said sign within sixty C:\TP.%T\ROUNDRpC\MISC\JAECKLIC.P'HM/ctic (60) days after receipt of such written notice from Licensor. 3. Licensee further agrees to indemnify Licensor against liability, loss; or damage Licensor may suffer as a result of costs or judgment against Licensor arising out of the existence of ht herein described sign upon the License Parcel, if said liability, cost or damage would not have occurred had the herein described sign not existed upon the License Parcel at the time of the occurrence giving rise to the liability, costs, or damage. 4. The license granted herein is assignable by Licensee, its successors and assigns, without the consent of Licensor. to any subsequent owner of the Property. this Agreement shall be binding upon and enforceable by the parties (hereto, and their respective successors and assigns. 5. This license, until its expiration or revocation, shall run with title to the Property, and the terms and conditions hereof shall be binding on any subsequent owner or holder thereof. Licensee shall cause any immediate successor in interest to have actual notice of this License Agreement. 6. This license shall expire automatically upon removal of the improvements located on the Property pursuant to the license, and shall expire as to any portion of said improvements upon the removal, whether or not all of the proposed improvements are removed. 7. Neither the granting of this license, nor of any related permit, constitutes an abandonment by the Licensor of its property, easement or easements, or any other rights in and to the Property. Licensee expressly stipulates and agrees by Licensee's acceptance of this license that Licensee neither asserts or claims any interest to right of any type or nature whatsoever, either legal, equitable or otherwise in and to Licensor's property. 8. The notice required of 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 of deposited in the United States Mail, certified or registered mail, return receipt requested, postage prepaid, addressed to Occupant, 307 East Main, Round Rock, Texas, 78664. IN WITNESS WHEREOF,the partied hereto have executed this agreement on the day and year first written above. LICENSOR: ATTEST: 7IF07ROCK, TEXAS anne Land, City Secretary Charles Culpel 6effmayor- V LICENSEE: ROUND ROCK MAIN STREET VENTURE, L.L.C. —4jA- �' y Steve Pena STATE OF TEXAS § COUNTY OF WILLIAMSON § Q This instrument was acknowledged before me on the 8 day of ; QJ 1992 by Charles Culpepper, Mayor, City of Round Rock, Texas, lz Notary Public, S�[late of TexasO Printed Name: N�hSI//,` m My Commission Expires: STATE OF TEXAS § COUNTY OF WILLIAMSON § �1 th This instrument was acknowledged before me on the «� day of 1999 , by Steve Pena, a65ipEaT of ROUND ROCK MAIN STREET VE TURE, L.L.C., on behalf of said company av ccM+rn ss orr tx yes Notary Public, State of Texas ' Aupust5,200t i Printed Name: C 4&5T/ASE /YIF� 7/A1 v My Commission Expires: Exhibit "A" Being all of Lots 4, 5, 6, and 7 and a portion of a vatted alley out of Block 11 City of Round Rock, Original Plat ► "Aje s 2 � cn u,� E I Exhibit "B" Setback from existing sidewalk at 307 East Main St Main St E �� Sgn 1� • 7.5' setback—�.. N 309 E. Main St Efte of P° DATE: December 29,1997 SUBJECT: City Council Meeting,January 8,1998 Item: 10.A. Consider a resolution authorizing the Mayor to execute a license agreement authorizing Round Rock Main Street Venture,LLC to use a portion of the public right of way on Main Street for an on-premise sign. Staff Resource Person: Joe Vining Staff Recommendation: Approval This is the formal agreement to allow an on-premises sign to be located in a portion of the City's right of way on Main Street. The location of this sign is the new business site of Pena and Swayze at 307 East Main Street.