CM-2016-1046 - 2/26/2016LICENSE AGREEMENT
This Agreement is made this � � 'day of 2016, by and between the
CITY OF ROUND ROCK, a Texas home rule municipality (h(54inafter "Licensor"), Travis
Johnson ("Licensee"), and 3 Star Candy Shop, Inc. ("Tenant").
Whereas, Licensor is the owner of the real property, which is the public right-of-way of
113 E. Main Street, Round Rock, Texas 78664 as depicted in Exhibit "A" (hereinafter the
"Property"), attached hereto and incorporated herein; and
Whereas, Tenant leases the Property from Licensee;
Whereas, Licensee and Tenant desire to exercise certain rights and privileges upon public
rights-of-way located within the Property; and
Whereas, Licensor desires to grant Licensee and Tenant certain rights and privileges
upon public rights-of-way within the Property; and
NOW, THEREFORE, it is agreed as follows:
I. License
1.1 Licensee or Tenant shall have the right to install a canvas awning over, and upon public
rights-of-way located within the Property, in accordance with Exhibit "A", subject to all
conditions recited herein.
1.2 It is understood that this Agreement creates a license only and that Licensee and Tenant
do 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.
1.3 It is further understood that before the installation of any of the current or subsequent
improvements depicted in Exhibit "A," Licensee or Tenant shall present a detailed plan to
the Development Services Manager for review and approval. Approval of any plan shall
be solely within the discretion of the Development Services Manager.
1.4 It is further understood that Licensee and Tenant must comply with all other requirements
of the Code of Ordinances of the City of Round Rock, Texas.
1.5 It is further understood that Licensor has no duty to maintain, operate, replace, or repair
any improvement in or upon the Property, including the payment of any fees of any kind
associated with any improvements.
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II. Consideration
2.1 In consideration for this license, Licensee shall pay Licensor $10.00 and other good and
valuable consideration.
III. Nonassignability
3.1 The license granted in this Agreement is personal to Licensee and Tenant. 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 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 or Tenant for any costs expended for said improvements.
V. Indemnity
5.1 Licensee and Tenant 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 or
Tenant's exercise of the license under this Agreement.
VI. Release
6.1 Licensee and Tenant assume full responsibility for their exercise of the license, and
hereby release, relinquish, and discharge 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
or Tenant'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.
2.
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:
CITY: City of Round Rock
ATTN: City Manager
221 East Main Street
Round Rock, Texas 78664
LICENSEE: 3 Star Candy Shop, Inc.
Attn: Elvis Marte
3 Star Candy
113 E. Main St.
Round Rock, TX 78664
OWNER: Travis Johnson
113 E. Main St.
Round Rock, TX 78664
IN WITNESS WHEREOF, this AGREEMENT is executed on this H ��' day of
x,2016.
(Signatures on the following page.)
3.
LICENSEE:
3 STAR ANDY SHOP, C.
By:
Elvis Marte, as Direc or
Date: '� - 1 i - f
OWNE
By:
Travis Joh,s n
Date: ;2-((— 1(,
LICENSOR:
CITY OF ROUND ROCK, TEXAS
By• LIZ.
Laurie adley, 6ity Manag
Date: 02�
ACKNOWLEDGMENT
STATE OF �!'� x� �-s
COUNTY OF W < (( % —Yv, 5o Q
This instrument was acknowledged before me on this l'' day of ��u vG,cy� , 2016,
by Elvis Marte, director of 3 Star Candy Shop, Inc., whose name is subscribed to the preceding
instrument, and acknowledged to me that he executed it for the purposes and consideration
expressed in it.
JANETiE MADSEN
Notary Public, State of Texas
My Commission Expires
'•' JANUARY 19, 2017
0
Si re
Printed Name
Notaiy Public, State of -TR
ACKNOWLEDGMENT
STATE OF —F -e, Y, q-5
COUNTY OF
This instrument was acknowledged before me on this Wk day of e b r vet r , 2016,
by Travis Johnson, whose name is subscribed to the preceding instrument, and acknowledged to
me that he executed it for the purposes and consideration expressed in it.
ar,P`a••�. JANME MADSEN
Notary Public, State of Texas
My Commission Expires
`'44
,;!WtW JANUARY 19, 2017
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
Signa 'e
'ja the k -e M<aj5e d
Printed Name
Notary Public, State of l Y,6L5
ACKNOWLEDGMENT
This instrument was acknowledged before me on thiso day of ��•YJf a , 2016,
by Laurie Hadley, City Manager of the City of Round Rock, in the capacity and for th& purposes
and consideration therein indicated.
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City of Round Rock
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1 ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider excuting an License Agreement for installation of a canvas
awning with 3 Star Candy Shop, LLC.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 2/26/2016
Dept Director: Brad Wisemen, Director of Planning and Development Services
cost: $0.00
Indexes:
Attachments: 3 Star Candy - Exhibit, 3 Star Candy - Signed License Agreement
Department: Planning and Development Services Department
Text of Legislative File CM -2016-1046
Consider excuting an License Agreement for installation of a canvas awning with 3 Star
Candy Shop, LLC.
Consider excuting an License Agreement for installation of a canvas awning with 3 Star
Candy Shop, LLC.
Recommended Action is to approve awning installation.
City of Round Rock Page 1 Printed on 211912016
PROVIDE BEAM AS
REQUIRED TO
SUPPORT REMAINING
MASONRY COLUMNS
WINDOW PER
SCHEDULE
RELOCATE EXISTING
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PULL SIDE PER TAS
FIGURE 404.24.1 (a)
PROPOSED PLAN
SCALE: 3116
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