CM-2015-881 - 9/8/2015SIDEWALK FURNITURE
LICENSE AGREEMENT
his idewalk Furniture License Agreement ("License") is made this � day of
V 2015, by and between the City of Round Rock, (hereinafter "Licensor"), a
Texas home rule municipality, and The Rock Sports Bar, LLC (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 114 E. Main Street, 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 Furniture 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 00116 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 $25.00.
Nonassignability
3. This License is personal to Licensee and is not assignable.
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
fiom 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: The Rock Sports Bar, LLC
ATTN: Michelle Ly
114 E. Main Street
Round Rock, TX, 78664
2.
L�,�IN W�"I�T�N�E�S�S� WHEREOF, this AGREEMENT is executed on this day of
2015.
CITY OF ROUND ROCK
Laurie Hadley, ity Manag `
THE ROCK SPORTS BAR, LLC
By:
its
3.
EXHIBIT A
APPLICATION FOR
SIDEWALK FURNITURE LICENSE
0
Application for License Agreement
Sidewalk Furniture Program
Applicant Information:
SELECT ONE: ❑ Corporation ® Limited Liability Company
M Partnership/ Joint Venture ❑ Limited Partnership
❑ Individual
Note: A document must be attached authorizing the Applicants signature on behalf of an entity selected
above.
Contact Name: Michelle Ly
Organization Name: The Rock Sports Bar, LLC
Address: 114 East Main Street
Cit1r Round Rock
Contact's Phone: 512.358.1175
State: TX
Fax: 877.801.7055
Zip: 78664
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 signature on behalf of an entity selected
above.
Contact Name: Mario Rubio and Frank Rubio
Organization Name: R&R East Side Partners, LLC
Adder: 10 712 FM 1625
City. Austin State: TX Zip: 78747
Contact's Phone: 512.531.9274 Fax
Property information:
Address: (If different from above):
Proposed Sidewalk Furniture:
Have any Sidewalk Fumiture pieces been placed in an adjacent public right-of-way prior to this
application? ❑ 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:
1
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
placement in an adjacent public right-of-way:
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? ® Yes ❑ No
If no:
The Applicant must attach a dimensional sketch plan or sketch showing the placement of all
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
Commission, and in addition to attaching the above dimensional sketch plan, the Applicant must
also attach additional documents showing color, style and materials of the Sidewalk Furniture.
1, 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
Application.
Y-
�
Signed b W
9
yi�
Applicant
Printed name: Michelle Ly
Title: Building -Tenant
CASE NO. L1 CISoR- C) co
2
63.1.20tS
DATE:
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FURNITURE LICENSE
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City of Round Rock
UNO ROCKAS Agenda Item Summary
Agenda Number:
Title: Consider authorizing a Sidewalk Furniture License Agreement with The
Rock Sports Bar, LLC for 114 E. Main Street, Round Rock, Texas 78664.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/4/2015
Dept Director: Brad Wiseman, Planning and Development Services
Cost: $0.00
Indexes:
Attachments: 114 E Main - Application, 114 E Main- License Agr, 114 E Main- sticker,
114 E Main -Pic
Department: Planning and Development Services Department
Text of Legislative File CM -2015-881
Consider authorizing a Sidewalk Furniture License Agreement with The Rock Sports
Bar, LLC for 114 E. Main Street, Round Rock, Texas 78664.
Consider authorizing a Sidewalk Furniture License Agreement with Michelle Ly, d/b/a
The Rock Sports Bar, LLC for 114 E. Main Street, 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 -owned right-of-way adjacent to said businesses.
The recommended action is to approve the license agreement.
City or Round Rock Page 1 Printed on 8/2412015