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R-99-10-28-10D1 - 10/28/1999irniiu1 I'uIIIuI III 0 IF AREA 1 II w iii � - .4 n y ���� �ii� /y .4r4 v�ar.�- .�i r / � i7 G �► 1api i l l i � pilW '�!, 7k / Y l � / % / /� �` 11 A�� %�• �9 r �� bf ' EXHIBIT A N.T.S. o f U EXISTING WALKWAY (OPEN SPACE) 0 0 ' N NEW RAILING / TO MATCH EXISTING NEW DECK (OPEN SPACE) 0 U I Mayor Robert A. Stluka, Jr. Mayor Pro-tem Martha A. Chavez Council Members Tom Nielson Earl M. Hairston Rick Stewart Earl Palmer Jimmy Joseph City Manager Robert L Bennett, Jr. Gty Attorney Stephan L Sheets CITY OF ROUND ROCK December 1, 1999 Mr. Robert K. Lewis 109 East Main Street Round Rock, Texas 78664 Dear Mr. Lewis: The Round Rock City Council approved Resolution No. R- 99- 10- 28 -10D1 at their regularly scheduled meeting on October 28, 1999. This resolution approves the license agreement to locate restaurant facilities in the public right of way. Enclosed is a copy of the resolution and lease agreement for your files. If you have any questions, please do not hesitate to contact Joe Vining at 218 -5415. cerely, oanne Land Assistant City Manager/ City Secretary Enclosures wZinfild- Fax: 512-218-7097 221 East Main Street Round Rock, Texas 78664 512- 218 -5400 1 -800- 735 -2989 TDD 1-800-735-2988 Voice www.ci.round- rock.tx.us RESOLUTION NO. R- 99- 10- 28 -10D1 WHEREAS, the City of Round Rock, Texas is the owner of the public right -of -way located along Lampasas Street, and WHEREAS, R. Kip Lewis desires to exercise certain rights and privileges in the public right -of -way located along Lampasas Street abutting real property known as 118 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 with R. Kip Lewis for the right to locate restaurant facilities in the public right -of -way located along Lampasas Street abutting real property known as 118 East Main Street, a copy of which is attached hereto and incorporated herein for all 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 28th day of Oc ...rte 1999. R: \WPDOCS \0.850 91029D1.WPD /acg ioANNE LAND, City Secretary ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas LICENSE AGREEMENT This Agreement is made this a U ` da of ©ct&-b-vt) 1999, by and between the CITY OF ROUND ROCK, (hereinafter "Licensor "), a Texas home rule municipality, and the R. KIP LEWIS, (hereinafter, "Licensee "). Whereas, Licensor is the owner of the real property (hereinafter, "Property "), which is the public right -of -way as depicted in Exhibit "A ", attached hereto and incorporated herein; and Whereas, Licensee is the owner of real property known as 118 East Main Street, and Whereas, Licensee desires to exercise certain rights and privileges upon the public right -of -way located within the Property; and Whereas, Licensor desires to grant Licensee certain rights and privileges upon public rights -of -way within the Property; and NOW, THEREFORE, it is agreed as follows: S. \ TEXT \ROUNDROC \ LICENSE \MRINSTRE. WPD /cdc License 1. Licensee shall have the right to locate restaurant facilities, including chairs, tables, plants and related items, in certain designated areas within the above - described right -of -way, said designated areas being as indicated on Exhibit "A ". 2. All areas designated as Open Space on Exhibit "A" shall remain clear and unobstructed. No items whatsoever shall be located within this area. 3. Licensee shall construct a wrought iron fence, which must conform to all state and federal requirements, the construction and design of which shall be approved by the Director of Planning prior to installation, at the location shown on Exhibit "A ". 4. Licensee may construct a wooden deck at the location shown on Exhibit "A ", subject to the approval of the Historical Preservation Commission. 5. It is understood that this Agreement creates a license only and that Licensee does not and shall not claim at any time any interest or estate of any kind in the public rights -of -way located within the Property by virtue of this license. 6. It is further understood that Licensor has no duty to maintain, operate, replace, upgrade, or repair any improvement in or upon the Property. 7. In consideration for this license, Licensee shall pay Licensor $10.00 and other valuable consideration paid by Licensee to Licensor. 8. This license is personal to Licensee. It is not assignable, and any attempt to assign this license will terminate the license. 9. This Agreement is terminable by either party at will by the giving of written notice to the other party. Upon termination, any improvements to Property will become the property of Licensor and it is agreed that Licensor will not need to reimburse Licensee for any costs expended for said improvements. 10. 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. 11. 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 under this Agreement whether or not said claims, demands and causes of action in whole or in part are covered by insurance. 12. Licensee shall ensure compliance with any and all architectural barriers regulations as promulgated by the Texas Department of Licensing and Regulation. Additionally, Licensee must 2. fully comply with all requirements of the Americans with Disabilities Act. 13. 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. 14. 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: IN I��N WHEREOF, this AGREEMENT is executed on this O�V day of �(',t,�QA1L.J , 1999. LICENSOR: Mayor CITY: City of Round Rock ATTN: City Manager 221 East Main Street Round Rock, Texas 78664 COMPANY: Attn: L4.1J1 j',N✓cs ,"iS R. KIP LEWIS l f E o 57 v14 +ti-i Ska 12D cm iZaLk- Ty - 7io?661 551? -244- 2958 Std - .2.16-4 - : 3. STATE OF TEXAS ) COUNTY OF WILLIAMSON ) BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally appeared ROBERT A. STLUKA, as Mayor of the City of Round Rock, a Texas Home Rule Municipality, on behalf of said municipality, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed. ^ }yen under my pia nd eal of office on this the 04 � day of C(,J , 1999. COUNTY OF Williamson ) STATE OF TEXAS CHRISTINE R. MARTi4EZ MY C0Mfi41S51GN ! :x IRES ANgUSL 5, 2001 BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally appeared R. KIP LEWIS, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office on this the 25th day of Ortoher , 1999. 4. alaatimuie NOTARY PUBLIC in and for the State of Texas NOT A PUBLIC in and for the tate of Texas A VIRGINIA M. MORENO �. . Notary Po01F51ale ofTaas Ay CammksionF esGl -17-00 � . o Rah �, ;, E ti edr 1 EXISTING WALKWAY (OPEN SPACE) HALLWAY 4 '_ 0 . CLEAR 4 -0" CLEAR NEW RAMP (OPEN) EXHIBIT A N.T.S. \ NEW RAILING TO MATCH EXISTING DATE: October 21, 1999 SUBJECT: City Council Meeting — October 28, 1999 ITEM: 10.D.1. Consider a resolution authorizing the Mayor to execute a License Agreement with R. Kip Lewis to locate restaurant facilities in the public right of way located on Lampasas Street abutting the real property known as 118 East Main Street This agreement allows the owner of the "Main Street Grille" to have outdoor seating and service, a sidewalk cafe, in certain designated areas of the sidewalk, and a proposed wooden deck along Lampasas Street with specific conditions. Staff Resource Person: Joe Vining, Planning Director.