CM-2016-1169 - 8/26/2016 PARKING LICENSE AGREEMENT
This Parking License Agreement is made this `day of , 2016, by and
between the City of Round Rock, Texas (hereinafter "Licensor"), and Grove 2911, LLC
(hereinafter, "Licensee").
Whereas, Licensor is the owner of the real property (hereinafter, "Property"), as depicted
in Exhibit "A", attached hereto and incorporated herein; and
Whereas, Licensee desires to utilize the Property as a parking lot for its customers at 204
Fannin Street, Round Rock, Texas; and
Whereas, Licensors desire to grant Licensee certain rights and privileges upon the
Property; and
NOW, THEREFORE, it is agreed as follows:
1. Licensee is hereby granted_a non-transferrable license to utilize the Property as a valet
parking lot, for use in the parking of Licensee's customer's vehicles by Licensee's
employees/agents, subject to all conditions recited herein.
2. The right and license granted to Licensee herein are non-exclusive and Licensor retains
the right to grant other license agreements for the Property.
3. It is understood that this Agreement creates alicense only and that Licensee does not and
shall not claim at any time any interest or estate of any kind in the Property by virtue of
this license.
4. It is further understood that this Agreement does not grant Licensee the right to construct,
install, or make improvements upon Property. Licensee agrees that it will not place any
signs on the Property.
5. Licensee accepts the Property in its "As-Is" state of repair and condition, and Licensee
expressly agrees that Licensors have made no representations to Licensee regarding the
condition of the Property.
6. Licensor has no duty to maintain, operate, replace, upgrade, or repair any improvement in
or upon the Property.
7. In consideration for this license, Licensee, at its sole cost, shall have the obligation to
mow and maintain the Property.
8. The license granted in this Agreement is personal to Licensee and is not assignable.
360313bk 1
9. Licensee shall at its sole cost and expense comply with all laws, statutes, ordinances, and
governmental rules, regulations, or requirements regarding the use of the Property as a
temporary parking lot.
10. Licensor shall have the right to enter the Property at any time during Licensee's use of
the Property.
11. Licensee hereby indemnifies, holds harmless, releases, relinquishes and discharges
Licensor, its officers, agents and employees, from all claims, demands, and causes of
action of every kind and character, 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.
12. This Agreement is terminable by either parry at will by the giving of 10 days actual
notice to the other party.
13. Licensee shall procure and maintain throughout the term of this Agreement, at its sole
cost and expense, a policy or policies of workers' compensation, employee liability and
comprehensive general liability insurance (with contractual liability endorsement)
insuring both Licensor and Licensee against all claims, demands or actions arising out of
or in connection with Licensee's use of the Property, the limits of such policy or policies
to be in an amount not less than $1,000,000 in respect of injuries to, or death of, any one
person, and in an amount not less than $2,000,000 in respect of any one occurrence or
disaster, and in an amount not less than $300,000 in respect of property damaged or
destroyed.
14. 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.
15.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:
LICENSOR: City of Round Rock
ATTN: City Manager
221 East Main Street
Round Rock, Texas 78664
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LICENSEE: Grove 2911 LLC
ATTN: Russ Boles
1301 Crimson Clover Ct.
Round Rock, Texas 78665
IN WITNESS WHEREOF,this AGREEMENT is executed on this day of
-�' , 2016.
LICENSOR:
CITY OF ROUND ROCK
C
Laurie Hadley, ity Manage
Date:_ I o2 to Oho
LICENSOR:
Grove 2911, LLC
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Russ oles, re ident
Date: Au 5, 2016
360313bk 3
Exhibit A
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Subject Tract
500 N. Mays St.
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August 17, 2016 -City of Round Rock
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing Parking License Agreement with Grove 2911, LLC for
the right to utilize a parking lot for its customers at 500 North Mays Street,
Round Rock, Texas.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 8/26/2016
Dept Director: Brad Wiseman, Planning and Development Services Department Director
Cost:
Indexes:
Attachments: LAF - Grove 2911, LLC - Parking License Agreement (8-22-16)
(00363022xA08F8).pdf, The Grove License Agreement.pdf, The Grove
Exhibit.pdf
Department: Planninq and Development Services Department
Text of Legislative File CM-2016-1169
Consider executing Parking License Agreement with Grove 2911, LLC for the right to
utilize a parking lot for its customers at 500 North Mays Street, Round Rock, Texas.
This item is a license agreement to allow a private business to use the vacant
city-owned lot at 500 North Mays Street for temporary event parking. The Grove event
center at 204 Fannin, about two blocks to the east, plans to begin hosting events in
October. Under MU-2 zoning regulations, the developer was not required to provide
on-site parking. In order to accommodate the influx of cars expected for events the
venue will require some of its clients to use a valet service, which will park vehicles on
the subject lot. The license agreement states the obligations of the licensee (The
Grove) and licensor (the city). The Grove must use the property "as-is", may not make
improvements, may not place any permanent signs, and is required to mow and
maintain the property. The city is free of any obligation to maintain or make
improvements to the property for the benefit of The Grove. Additionally, The Grove is
required to obtain workers' compensation, employee liability, and comprehensive
general liability insurance protecting both parties against all claims, demands, or
actions arising out of The Grove's use of the property for the duration of the agreement,
which may be terminated by either party with 10 days' notice. This agreement does not
preclude other agreements being made with other entities to utilize the lot in the future.
City of Round Rock Page 1 Printed on 812 512 01 6
Agenda Item Summary Continued(CM-2016-1169)
$0.00
N/A
Staff recommends approval
City of Round Rock Page 2 Printed on 812 512 01 6