CM-2017-1357 - 4/25/2017SIDEWALK FURNITURE
LICENSE AGREEMENT
T is Sidewalk Furniture License Agreement ("License") is made this eday of
, 20LI, by and between the CITY OF ROUND ROCK hereinafter "Licensor" a
'Mas home rule municipality, and Elvis Marte, d/b/a 3 Star Candy Shop (hereinafter, "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, located at 113 E. Main Street, Round Rock, Texas;
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) 0095, 0096, 0097, 0098, 0099, and 00100 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 $50.00.
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party.
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
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: Laurie Iladley, City Manager
221 East Main Street
Round Rock, Texas 78664
2.
LICENSEE: 3 Star Candy Shop
ATTN: Elvis Marte, Business Owner
113 E. Main Street
Round Rock, TX 78664
IN WITNESS WHEREOF, this AGREEMENT is executed on this day of
201+.
CITY OF ROUND ROCK
By:
LAURIE HADLEY, City Manager
3 ST,
BY:
Elvis
EXHIBIT A
APPLICATION FOR
SIDEWALK FURNITURE LICENSE
4.
Application for License Agreement
Sidewalk Furniture Program
Applicant Information:
SELECT ONE: Corporation ❑ Limited Liability Company
❑ Partnership/ Joint Venture ❑ Limited Partnership
❑ Individual
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: —
Contact's Phone: _�_"� - ltj� -tZla Fax:
Land Owner's Information: (If different from Applicant)
SELECT ONE: p Corporation ❑ Limited Liability Company
❑ Partnership/ Joint Venture ❑ Limited Partnership
❑ Individual
Note: A document must be attached authorizing the Applicant's signature on behalf of an entity selected
above.
Contact Name:, ----K C��^,�
Organization Name:
Address:
City: �O 1 \ �� ` t �C State: _ —'�� Zi U
Contact's Phone: Fax:
Property information:
Address: (If different from above):
Proposed Sidewalk Furniture:
Have any Sidewal'IvrUrniture pieces been placed in an adjacent public right-of-way prior to this
application? es ❑ 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:
1
i otai 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 right-of-way:
�c i0a S 1 Jz'4JaIIL
If no:
Number of Sidewalk furniture pieces the Applicant is requesting be approved for placement in an
adjacent public right-of-way:
N/A
Is the property address a historic landmark or in a historic district? p 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.
I, the undersigned, declare the information provided in thisA ation to be valid and correct. I
understand that a non-refundable fee of $25.00 for the first pF}r c of sidewalk furniture and $5.00
for each additional piece, not to exceed $200.00 per 'pli AAtion is required process the
Application. JJJJ ,
Signed by:
plicant
Printed name:_ L_ r� Mo'r
Title:_ ��� �`,_ �S &y o Y, -kA
CASE NO. ` I 1 v oL 0 - DATE: i
v
V 4 Y
Furniture Stickers for 113 E. Main Street:
BFURSIDEWALK
NITURE LICENSE
00095
SIDEWALK
a®� FURNITURE LICENSE
00096
SIDEWALK
o�
FURNITURE LICENSE
00097
6®�
SIDEWALK
FURNITURE LICENSE
00098
SIDEWALK
9�
FURNITURE LICENSE
00099
,•° 4<
SIDEWALK
° FURNITURE LICENSE
00100
Certificate of Appropriateness
PLANNING AND ROUND ROCKrTExA Administrative Review
Property Address: 113 E. Main Street
Applicant Contact Info: Elvis Marte, 512-962-9261, elvis_marte3Qyahoo.com
Administrative Certificate of Appropriateness for:
❑ Paint color (excluding
previously unpainted surfaces)
❑ Mechanical equipment
placement/screening
❑ Trash & recycling
placement/ screening
❑ Fences
❑ Ground lighting
❑ Flat roof material/color
Gutters/ downspouts
® Landscape elements
❑ Accessibility ramp
❑ Existing awning fabric/color
❑ Code -required elements
❑ Temporary weatherization
/stabilization measures
❑ Elements attached to faigade
(lights, mailboxes, etc.)
❑ Historic interpretive
signage
❑ Minor modification to
CofA that meets intent of
original CofA
❑ Renewal of expired CofA
Project Description:
Front sidewalk furniture (revised license agreement lending).
2 Bistro tables (Members Mark commercial mesh table #867659 model FTS90325)
4 Chairs (Members Mark stackable mesh chair #883005 model FZS90380)
Conditions:
The above items must be used in accordance with the license agreement.
® Approved with the above conditions. This document is your Certificate of Appropriateness.
❑ Not eligible for staff review. Review by the HPC has been scheduled on:
Signature: Date:
cc: Pamela Anderson, Chair, Historic Preservation Commission
Mark Remmert, Chief Building Official
City of Round Rock
�RNDOUROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing an License Agreement for sidewalk furniture within the
public right-of-way with 3 Star Candy Shop, LLC.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/21/2017
Dept Director: Brad Wiseman, Planning and Development Services
Cost:
Indexes:
Attachments: Application.pdf, C of A.pdf, License Agreement.pdf, Picture with
measurements.pdf, Stickers 2.pdf
Department: Planning and Development Services Department
Text of Legislative File CM -2017-1357
Consider executing an License Agreement for sidewalk furniture within the public
right-of-way with 3 Star Candy Shop, LLC.
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.
City of Round Rock Page i Printed on 411212017