CM-14-03-340ROUND ROCK TEXAS
PL SE PASSIM PPOSPFARY
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider authorizing a Sidewalk Furniture License Agreement with Omega
Pizza Company, Inc. d/b/a Fire in the Hole at 103 E. Main Street.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 3/5/2014
Dept Director: Brad Wiseman, Planning & Development Services Director
Cost: $0.00
Indexes:
Attachments:
LAF for Fire in The Hole -Omega Pizza (00293574xA08F8).pdf, Fire in The
Hole -Omega Pizza (00293574xA08F8)-2.pdf, 103 E. Main CofA & specs
11-15-13.pdf
Department: Planning and Development Services Department
Text of Legislative File CM -14-03-340
Consider authorizing a Sidewalk Furniture License Agreement with Omega Pizza Company , Inc. d/b/a Fire
in the Hole at 103 E. Main Street.
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 3/4/2014
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:
ORDINANCE
Agenda Wording
ContractorNendor: N/A
n RESOLUTION
1City Manager Approval
CMA Wording
Consider authorizing a Sidewalk Furniture License Agreement with Omega Pizza Company, Inc., d/b/a Fire in the Hole, at 103 E.
Main Street.
Attorney Approval
Attorney
Notes/Comments
Date, 12 `1,1 LI
O:\wdox\SCCInts\0114\1415\MUNICIPAL\00293350.XLS Updated 6/3/08
SIDEWALK FURNITURE
LICENSE AGREEMENT
This Sidewalk Furniture License Agreement ("License") is made this day
of
ptic-V1. , 204 by and between the City Of Round Rock, (hereinafter "Licensor"), a
Texas home rule municipality, and Omega Pizza Company Inc., d/b/a Fire in the Hole
(herei nafter, "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 103 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) 00086, 00087, 00088, 00089, 00090,
00091, 00092, 00093, & 00094 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 for the first piece of sidewalk furniture and $5 for each additional piece of
Sidewalk Furniture, not to exceed $200, for a total of $65.00.
293065/JR
CM_-03-3yo
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
293065/JR
LICENSEE: Omega Pizza Company, Inc., d/b/a Fire in the Hole
ATTN: Jon Creasey, President
103 E. Main Street
Round Rock, TX, 78664
IN WITNESS WHER OF, this AGREEMENT is executed on this al' day of
Pt(s6A Vt.
CITY OF ROUND ROCK
By
STEVE NORWOOD, City Manager
OMEGA PIZZA COMPANY, INC., d/b/a
FIRE IN E HOLE
293065/JR
Application for License Agreement
Sidewalk Furniture Program
Applicant information:
SELECT ONE:
11(Corporation
D Partnership/ Joint Venture
D Individual
D Limited Liability Company
0 Limited Partnership
Note: A document must be attached authorizing the Applicant's signature on behalf of an entity selected
above.
Contact Name:
Tom Creast
Organization Name: Diri esp. R V2e..
Address: 10 3 C. M a<i S t` -
city: Rat.te.a Rpt
Contact's Phone: (2oS) 61 Z---119°6
. rte . d b4. rv-c
State: "rc Zip: 7'14,6'-(
Fax:
Land Owner's Information: (If different from Applicant)
SELECT ONE:
0 Corporation
D Partnership/ Joint Venture
D individual
Note: A document must be attached authorizing the Applicants signature on behalf of an entity selected
above.
D IJmited Liability Company
D Limited Partnership
Contact Name:
Organization Name:
Address:
City:
Contacts Phone:
State: Zip:
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? 17 Yes kNo
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:
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 rlght-of-way:
If no:
Number of Sidewalk furniture pieces the Applicant is requesting be approved for placement in an
adjacent public right-of-way:
X (gte..bicc i<Gkwlrs )
Is the property address a historic landmark or in a historic district? Yes t7 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.
Coni Lk T
30e -tic 51�r us -Inge
! 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.
Signed by:
Printed name:
Title: NS' A ext
lEcant
mete. l -t 1 P. Cres,
CASE NO. DATE:
ROUND ROCK, TEXAS
PURPOSE PASSION. PROSPERII'1:
Certificate of Appropriateness
Administrative Review
Applicant Name: Jon Creasey
Applicant Address: 103 E. Main St., Round Rock, TX 78664
Property Address: 103 E. Main Street
Application Type:
D Paint color (excluding previously
unpainted surfaces)
❑ Roof -mounted equipment
D Trash/recycling screening
❑ Fence(s)
❑ Ground lighting
❑ Flat roof material/color
❑ Gutters/downspouts
0 Landscaping/ trees
❑ Accessibility ramp
O Awning (excluding new)
❑ Code -required elements
O Temporary modifications
D Hardware/mailboxes/street
address/sign brackets
❑ Historic interpretive signage
D Minor modification to C of A
❑ Renewal of expired C of A
Project Description:
Paint/Stain Color:
Cabot Stain in a semi-solid pewter gray color for the cedar posts.
All doors and upper window trim above front roof will be painted Valspar exterior
black, semi -gloss.
Doors:
3 double out -swing BMC Millworks front doors with wood lower quarter panel, 3/4
glass upper panel on each door (style # 5015).
Antique salvage back door; the two upper 3/4 panels will be glass. Photo submission
pending.
Lamps:
Front - 24" copper gas lamps. Bevolo Governor Bracket Mount. Lamps are
approximately the same size as existing lights and will be placed in the same location.
Hardware:
Vertical pull door from Hamilton EN -1803D, 18 Inch S -Grip Dummy Handleset with
back plate in bronze patina.
Furniture:
For the front of the building:
Tables: Charcoal grey iron mesh table
Chairs: Red metal chairs
In the rear of the building:
Tables: Faux wood tables
Chairs: Red metal chairs
Barstools: Red metal barstools
Chairs for fire pit: Red metal chairs with white metal arms
Conditions:
This review also includes items that required additional staff review as specified by the
Historic Preservation Commission in February 2013. All items listed above are approved as
presented, with the following additional conditions noted.
In February, the Historic Preservation Commission specified that the canopy posts could be
replaced with new cedar posts. Since you are proposing a gray color to finish the posts, the
result should look like aged cedar to keep with the original intent of what the Commission
had requested. It may be necessary to utilise a semi -transparent gray stain to achieve this.
The red chairs in the front are being approved because they are the same as the interior
chairs and will also compliment the colors in the sign's design.
Concerning the doors, the glass shall be clear in the front doors. Please provide photos of
front and rear doors for the file.
As previously discussed, a license agreement for the tables and chairs on the front sidewalk
will be required.
0 Approved. This document is your Certificate of Appropriateness
❑ Not eligible for staff review. Review by the HPC has been scheduled on:
Signature:
1\Yk--
Date: //
cc: Jerry Hodges, Chair, Historic Preservation Commission
Mark Remmert, Chief Building Official
Certificate of Appropriateness, 103 E. Main Street, Nov. 15, 2013
Addendum - with pictures
1. Cabot Stain, Pewter Gray
http://www.cabotstain.com/colors-and-finishes/families/Semi-Transparent-Colors.html
2. BMC Millworks style with wood lower 1/4 panel and upper % lite (Style #5015)
http://bu ildwith bmc.com/Media/Default/images/Moulding% 20Selection % 20Guide%20a nd%20Door%2
OSpecs%20-% 20Austin.pdf
3. 24" gas lamps, Bevolo Governor Bracket Mount http://www.bevolo.com/governor-
lights/bracket-mount-25
4. Door pull Hamilton EN-1803D, 18" S-grip, bronze patina.
Shown in Bronze Patina
with Washington Lever
5. Front furniture: charcoal gray iron mesh table and red metal chairs
6. Back furniture: Faux wood tables, red metal chairs, red metal barstools, red metal chairs with
white metal arms
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EXHIBIT
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