CM-14-01-303City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider authorizing a Sidewalk Furniture License Agreement with Lewis
RR Properties, Ltd. at 118 E. Main Street.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 2/14/2014
Dept Director: Brad Wiseman, Planning & Development Services
Cost: $0.00
Indexes:
Attachments: LAF Sidewalk Furniture License 118 E Main (1-21-14)
(00291005xA08F8).pdf, Sidewalk Furniture License 118 E Main.pdf
Department: Planning and Development Services Department
Text of Legislative File CM -14-01-303
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 of Round Rock Page 1 Printed on 2/13/2014
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Planning & Development Services Project Name: Sidewalk Furniture License Agreement
Project Mgr/Resource: Kamie Fitzgerald
[]Council Action:
in
ORDINANCE
Agenda Wording
Contractor/Vendor: N/A
n RESOLUTION
City Manager Approval
CMA Wording
Consider executing a Sidewalk Furniture License Agreement with Lewis RR Properties, Ltd. at 118 E. Main Street.
Attorney Approval
Attorney
Notes/Comments
Date 1/71/ abli
O:\wdox\SCCInts\0114\1410\MUNICIPAL\00290204.XLS Updated 6/3/08
SIDEWALK FURNITURE
LICENSE AGREEMENT
This Sidewalk F rniture License Agreement ("License") is made this 14 day of
Febuary. , 201ii by and between the CITY OF ROUND ROCK, (hereinafter
"Licensor"), a Texas home rule municipality, and Lewis RR Properties, Ltd. (hereinafter,
"Licensee",).
Whereas, Licensee is the owner or tenant of the real property (hereinafter, "Property") in
the Downtown Master Plan area MU -1 or MU -2 district, located at 118 E. Main Street; and
Whereas, Licensee desires to place Sidewalk Furniture in the public right-of-way; 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
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(s): 00060, 00061, 00062, 00063, 00064,
00065, 00066, 00067, 00068, 00069, 00070, 00071, 00072, 00073, 00074, 00075, 00076, 00077,
00078, 00079, 00080, & 00081 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. The Sidewalk Furniture authorized under this License existed prior to the adoption of
the City of Round Rock Sidewalk Furniture Program. As authorized by the Sidewalk Furniture
Program, the Application Fee is hereby waived. In consideration of the mutual obligations
recited herein, the sufficiency of which is hereby acknowledged, Licensor grants Licensee the
rights set forth in this License.
290211 1.
CM^v-k-c t-303
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
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 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: Steve Norwood, City Manager
221 East Main Street
Round Rock, Texas 78664
290211 2.
LICENSEE: Lewis RR Properties, Ltd.
Robert Kip Lewis
1102 Martin Avenue
Round Rock, TX 78681
t�
IN WITNESS WHEREOF, this AGREEMENT is executed on this tPf day of
e 'Vj , 20_4'
CITY OF ROUND ROCK
By:
Steve Norwood, City Manager
LEWIS RR PROPERTIES, LTD.
By: Wingate Manage
its general part
By:
290211 3.
Robert K : Lew , President
Application for License Agreement
Sidewalk Furniture Program
Applicant Information:
SELECT ONE:
❑ Corporation
❑ Partnership/ Joint Venture
❑ Individual
❑ Limited Liability Company
Ei Limited Partnership
Note: A document must be attached authorizing the Applicants signature on behalf of an entity selected
above.
Contact Name: Kip Lewis
Organization Name: Lewis RR Properties Ltd.
Address: 1102 Martin Ave.
City: Round Rock
State: TX Zip: 78681-7324
Contact's Phone: 5.12-21tto-21ii Fax: 512-2LN''l200
5129q1,-01 Ing (Ce,U)
Land Owner's Information: (If different from Applicant)
SELECT ONE:
❑ Corporation
❑ Partnership/ Joint Venture
o Individual
❑ Limited Liability Company
❑ Limited Partnership
Note: A document must be attached authorizing the Applicant's signature on behalf of an entity selected
above.
Contact Name:
Organization Name:
Address:
City: State: Zip:
Contact's Phone: Fax:
Property information:
Address: (If different from above): 118 E, Main St.
Proposed Sidewalk Furniture:
Have any Sidewalk Furniture pieces been placed in an adjacent public right-of-way prior to this
application? 2 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:
22 (7 tables and 15 chairs; see attached photo page for type and location of the existing pieces).
EXHIBIT
11 A
Total number of Sidewalk Furniture pieces placed in an adjacent public right-of-way with an
affixed license sticker:
None
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? ffl 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 t• 'rocess the
Application.
Title: P"Qsiidev1
Signed by:
Printed name:
CASE NO. Staff will provide Case No.
DATE:
2
'IS u!elAl '3 811