CM-14-01-295City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing Termination of Lease between the City of Round Rock
and French Quarter Round Rock, LLC pertaining to the property located at
901 Round Rock Avenue.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 1/24/2014
Dept Director: Steve Sheets
Cost: $0.00
Indexes:
Attachments: 00290644. P D F
Department: Legal Department
Text of Legislative File CM -14-01-295
Consider executing Termination of Lease between the City of Round Rock and French Quarter
Round Rock, LLC pertaining to the property located at 901 Round Rock Avenue.
Staff recommends approval.
City of Round Rock Page 1 Printed on 1/16/2014
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Legal
Project Mgr/Resource: Steve Sheets
[]Council Action:
es
ORDINANCE
Agenda Wording
Project Name: RM 620 ROW
ContractorNendor: French Quarter Round Rock, LLC
n RESOLUTION
City Manager Approval
CMA Wording
Consider executing Termination of Lease between the City of Round Rock and French Quarter Round Rock, LLC pertaining to
the property located at 901 Round Rock Avenue.
Attorney Approval
QAttorney
Notes/Comments
(4*.
Date i) 1(o it tt
O:\wdox\SCCInts\0199\13620-20\MISC\00290645.XLS Updated 6/3/08
Sheets & Crossfield, P.C.
ATTORNEYS AT LAW
309 East Main Street . Round Rock, TX 78664-5246
Phone 512-255-8877 • fax 512-255-8986
www.sheets-crossfield.com
December 20, 2013
RE: Termination of Lease between the City of Round Rock, Texas and
French Quarter Round Rock, LLC
Dear Sir:
I am writing on behalf of my client, the City of Round Rock, Texas (the "City"),
regarding the agreed termination of the above referenced lease (the "Lease") between French
Quarter Round Rock, LLC ("Tenant") and the City pertaining to the property located at 901
Round Rock Avenue, Round Rock, Texas (the "Premises") to be effective as of December 31,
2013 (the "Termination Date"). The purpose of this Letter Agreement is to set out my
understanding regarding the termination of the Lease.
In consideration of the mutual agreements and obligations set forth in this letter agreement, the
City and Tenant, agree as follows:
1. From and after the Termination Date, Tenant releases and surrenders to City, its
successors and assigns, forever, the lease and all rights of Tenant in and to the Premises,
however acquired, together with its right, interest, and title, if any, in and to any and all
improvements, furniture, personal property, equipment and fixtures on the Premises, and
all of the estate and rights of Tenant in and to the Lease.
2. Tenant, for itself and its successors and assigns forever releases and discharges City from
any and all claims, demands, or causes of action whatsoever against City, its successors
and assigns, arising after the Termination Date out of the lease or its use and occupancy
of the Premises under the Lease, or the termination and surrender of the Lease and
surrender of the Premises.
3. City for itself and its successors and assigns, subject to the warranties and indemnities
made in this agreement, by Tenant, accepts the surrender of the Lease and of the
Premises from and after the Termination Date and forever releases and discharges
Tenant, and its successors and assigns, and any and all guarantors of the Lease, or of any
of the obligations of the Lease, from any and all claims, demands, or causes of action
whatsoever against Tenant, its successors or assigns, arising after the Termination Date
out of the Lease or the use and occupancy of the Premises under the Lease, or the
termination and surrender of the Lease and surrender of the Premises.
4. City and Tenant agree that the lease is to be cancelled and terminated and the term
thereby demised brought to an end as of the Termination Date with the same force and
CM -AL1 -61 -aa5
effect as if the term of the lease were in and by the provisions of the lease fixed to expire
on the Termination Date.
5. Tenant agrees that City shall have the right to re-enter upon the Premises as of the
Termination Date. as fully as it would or could have done if that were the date provided
for the expiration or termination of the lease.
6. Tenant agrees that if any personal property or other items which may be considered
personal property remain on the Premises as of the Termination Date, that property shall
belong to City and this agreement shall constitute a bill of sale for the personal property
to City. Tenant shall be entitled to remove all of the items listed on Exhibit "A", attached
hereto. If not removed prior to January 1, 2014, Tenant shall co-ordinate with the City
regarding removal of said items after January 1, 2014.
7. Tenant warrants and represents to City that:
A. 'The Lease is not and has not been assigned or transferred and is not and has not
been hypothecated, pledged, mortgaged, or in any other way encumbered.
B. All charges for utility service (gas, water, electricity, etc.) have been paid in full,
except those charges approved by City and prorated to the Termination Date.
C. There are no outstanding contracts for the supply of labor or materials as of the
date of this agreement, and no work has been done or is being done nor have
materials been delivered in, about, or to Premises which have or have not been
fully paid for, for which a mechanic's lien could be asserted and/or foreclosed
under the lien laws of the state in which the Premises are located.
D. The Premises are now and will, on the Termination Date, be clean and in good
order, condition, and repair, reasonable wear and tear excepted.
8. Tenant agrees to defend, indemnify, and save City harmless from and against all loss or
damage sustained by City (and all expenses, costs, and attorney's fees of City in any
action or defense undertaken by City to protect itself from such loss or damage) resulting
from any breach by Tenant of the representations and warranties made in this agreement,
from Tenant's termination of the lease, from any lien, charge, encumbrance, or claim
against the Premises, or from any claim against City for which Tenant is responsible.
If the terms of Letter Agreement reflect your understanding of the agreement between Tenant
and City, please execute this letter where indicated and return it to me, and I will arrange for it to
be executed by the City Manager.
Please feel free to contact me if you have any questions.
AGREED:
TENANT
13y: French Quarter Round Rock, LLC
Its:
Date: /i • 3J - i3
CITY OF ROUND ROCK, TEXAS
By:
Date:
Steve Norwood, City Manager
Charlie Crossfield
£,018/T (4l(
Leaf blower
ice machine
Small table top fryer
Small white ice cream freezer
Waring pro food processor
Both computers in office
All POS screens and printers
Both office all in one printers and fax machine
Wooden shelving containing silver ware racks
Art work in dining rooms
Ceiling fans
CD changer and amplifier in office
Red hand cart
Metal bench in entry area
Wall unit water heater for hand sink in server station
2 stainless Krowne handsinks
Bread baskets
small butane burner
Newer sautee pans
All Steelite dinner plates, pasta bowls, b&b plates
Small salad bowls
Some cutlery
All 16 oz glasses, some wine glasses (blue)
Igloo coolers
Blue shelving in walk in, as well as shelving on wheels in walk in
Assorted size sauce pans and stock pots (newer ones)
Pie pans
Cutting board rack and cutting boards
Contents of shed in back yard
Various size steamwell inserts
Beverage dispensers
2 motion activated paper towel dispensers
Fluted ceramic ramekins
Menu boards and covers
Some silverware
Gumbo cups