CM-13-02-043ROUND ROCK, TEXAS
PURPOSE PASSION PROSPERITY
Consider executing a License Agreement with QQQ Round Rock, LLC -Series 1.
Item Caption:
Dm, t s-02'0
43 RECEIVED
City Manager Approval Form
FEB 13 613
Approval Date:
February 15, 2013
Department Name: Transportation Department
Project Manager:
John Dean
Assigned Attorney: Steve Sheets
Item Summary:
This agreement with QQQ Round Rock, LLC, will allow the applicant to utilize a portion of the alley located immediately to the
north of 204 East Main Street in downtown Round Rock (see attachment for legal description and map). The applicant seeks to
install a deck and associated improvements in conjunction with the business located at this address.
Adjacent properties are currently utilizing portions of the alley for stairways, etc., and this license agreement would leave
approximately 13 feet of the alley clear; staff has concluded that this license agreement would not adversely impair the use of
the alley. Subsequently, staff recommends approval of this agreement.
No. of Originals Submitted: 1
Project Name: License Agreement, QQQ Round Rock LLC
Cost: 0
Source of Funds: Select Source Fund
Source of Funds (if applicable): Select Source Fund
Account Number:
Finance Director Approval: Cheryl Delaney
Department Director Approval: Gary Hudder
Date: 2/13/13
Date: 2/11/13
CIP n n Budget n n Purchasing n Accounting o n
N/A OK N/A OK N/A OK
N/A OK
ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
REV. 6/20/11
,
11
II
III
1
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LICENSE AGREEMENT
AGR
6 PGS
2013016913
This License Agreement ("Agreement"), effective this the CC "day of 110, , 2013 is
entered into by and between the CITY OF ROUND ROCK, (hereinafter "Licensor"), a Texa home rule
municipality, and QQQ ROUND ROCK, LLC -SERIES 1, a Texas Series Limited Liability Company
("Licensee").
WHEREAS, Licensor is the owner of the alley way (hereinafter, "Alley"), which is a public alley
way as depicted in Exhibit "A", attached hereto and incorporated herein; and
WHEREAS, Licensee owns the property adjacent to the Alley; and
WHEREAS, Licensee desires to exercise certain rights and privileges upon a seven foot (7') strip
of land out of the Alley, (hereinafter "License Strip"); and
WHEREAS, Licensor desires to grant Licensee certain rights and privileges upon public rights-
of-way within the License Strip; and
NOW, THEREFORE, it is agreed as follows:
License
1. Licensee shall have the right to install, construct, operate, maintain, upgrade, and repair a
deck and associated improvements ("Licensee's Improvements") in, over, and upon the License Strip, as
depicted on Exhibit "A".
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
License Strip by virtue of this license.
It is further understood that before the installation of Licensee's Improvements or subsequent
improvements, but not for the purpose of maintaining, upgrading or repairing, Licensee shall obtain all
required permits from Licensor.
It is further understood that Licensee must comply with all other requirements of the Code of
Ordinances of the City of Round Rock, Texas.
It is further understood that Licensor has no duty to maintain, operate, replace, upgrade, or repair
any of Licensee's Improvement in or upon the License Strip, including the payment of any fees of any
kind associated with any of Licensee's Improvements.
Consideration
2. In consideration for this license, Licensee shall pay Licensor $10.00 and other valuable
consideration.
265071
cM- 13 -c2 -O' -L3
Nonassignable
3. This license granted in this Agreement is personal to Licensee and Licensee's tenant(s).
This Agreement is not assignable other than to a tenant of Licensee and Licensor hereby expressly
consents to any assignment to a tenant. Any other assignment of this Agreement will automatically
terminate the license.
Terminable at Will
4. This Agreement is terminable by either party at will by the giving of actual notice of a
particular termination date to the other party but with not less than 30 days' notice. Upon termination, if
Licensee does not remove Licensee's Improvements prior to the termination date, which shall be not less
than 30 days from notice, any of Licensee's Improvements to License Strip will become the property of
Licensor and it is agreed that Licensor will not need to reimburse Licensee or a tenant for any costs
expended for said Licensee's Improvements.
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 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, except for acts of Licensor or its officers, agents
or employees, that are grossly negligent or of willful misconduct or of Licensor's contractor's acts that
are negligent or of willful misconduct.
Release
6. Licensee assumes full responsibility for its exercise of the license, and except for acts of
Licensor or its officers, agents or employees, that are grossly negligent or of willful misconduct or of
Licensor's contractor's acts that are grossly negligent or of willful misconduct, Licensee 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.
Venue
7. This Agreement shall be construed under and according with 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:
2
LICENSOR: City of Round Rock
ATTN: City Manager
221 East Main Street
Round Rock, Texas 78664
LICENSEE: QQQ Round Rock, LLC -Series 1, a series of a Texas
Series Limited Liability Company
ATTN: Edward D. Quick, Managing Member
1000 N 1H-35
Round Rock, Texas 78681
IN WITNESS WHEREOF, this AGREEMENT is executed on the dates indicated.
CITY OF ROUND R
By:
CK
STEVE NORWO
Date Signed:
anager
QQQ ROUND ROCK LLC, SERIES 1,
A series o 7 Texa S • invited Liability Company
B. 0144
.,
EDWARD D. 'Inc , its Managing Member
Date Signed: /� <
ACKNOWLEDGMENT
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 Steve Norwood, as City Manager 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. �.{/.�
Given under- my hand and seal of office on this the 2- day of
, 2013.
1
fia 4
N�� MI,
,,�iK+"(w� SARA LEIGH WHITE
?s MY COMMISSION EXPIRES
•
__ July11,2016
3
NOTARY PUBLIC in ati
of Texas
for the State
ACKNOWLEDGMENT
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 Edward D. Quick, as Managing Member of QQQ Round Rock LLC, Series 1, a
series of a Texas Series Limited Liability Company, on behalf of said company, 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
, 2013.
After recording, return to:
Sara White
City Clerk, City of Round Rock
221 E. Main St.
Round Rock, Texas 78664
NOTARY PUBLIC in a(or the State
of Texas
day of
1111001...10.110.011.
s'r'i�,,, LISA DWORACZYK
`Z.�. ^: Notary Public, State of Texas
My Commission Expires
September 29, 2014
4
Exhibit A
Being the southerly seven foot (7') strip of land out of the 20 foot alley, being north of the
westerly half of Lot 7 and the easterly half of lot 8 as conveyed to Marjorie B. Quick, Sole
Trustee, Eugene and Marjorie Quick Living Trust as outlined and cross -hatched on the survey
sketch attached hereto as Exhibit A, Page 2 of 2.
Page 1 of 2
15
0
15
30
SCALE 1" = 30'
LEGEND
EXHIBIT 1+, Alt -2 of 2
PLAT TO ACCOMPANY DESCRIPTION
20' ALLEY
N 17°18'38" W
Veewse 5+r1
W
vrr,,a
JI
(05). 1
J
E. PROPERTY LINE
N DENOTES COMMON OWNERSHIP
P.R.W.C.T. PLAT RECORDS WILLIAMSON
COUNTY, TEXAS
0.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
D.R.W.C.T. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
) RECORD INFORMATION
WILEY HARRIS JURABSTRACT NO. JE
RYAN DECK AND
TYLER DECK
SOUTH 100'
OF LOT 10)
DOC. #2012051301
0 0.P.R.W.C.T.
_ +•
F-
X .,
w
LOT 10 I
JAMES BARTON AND
MEG BARTON
(NORTH 25' OF LOT
10 AND ALL LOT 11)
DOC. #2010038323
0.P.R.W.C.T.
(1,
4
LOT II
N 72°34'57" E 90.00'
CITY
OF ROUND ROCK
(LOT 12)
DOC. #1997008698
O.P.R.W.0 T.
ROUND ROCK
CAB. A. SLIDE 190
P.R.W.C.T.
VOL. 20, PG. 224
D.R.W.C.T.
9.46'
NOTES;
I) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF
A TITLE ABSTRACT. THERE MAY BE OTHER INSTRUMENTS
OF RECORD THAT AFFECT THIS TRACT NOT DEPICTED
HEREON.
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND
CORRECT ANO THAT THE PROPERTY SHOWN HEREON WAS
DETERMINED BY A SURVEY MADE ON THE GROUND UNDER
MY DIRECT SUPERVISION.
4`�vr cr
AWRENCE M. RUSSO INA
EGISTERED PROFESSIONAL
INLAND GEODETICS, LP
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TX 78681
I VI,
ATE
ND SURVEYOR NO. 5050
717
S 72°4157" W 90.001
LOT,II6��
`oke
LOT 7
0
0
0
j
LOT 12
S 17°18'38" E
-r-20.00'
�' 0No�.
-w a
LOT 9
0
1Z
INLAND,
GEODETICS
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681
PH. (512) 238-1200, FAX (512) 238-1251
OF
o(' LAWRENCE M, RUS9O tr.
9 5050 P
'•plr �FE8810ei�
uaDe
(S 72°35' W) Bearing
Basis
LOT'6
EXISTING
LOT 5
R 0.W.
EAST MAIN STREET
(100' RIGHT-OF-WAY)
RECORDERS MEMORANDUM
All or part of the text on this page was not
clearly legible for satisfactory recordation
CITY OF ROUND ROCK
BLOCK 21
ALLEY EXHIBIT
PAGE I OF 1