CM-2015-708 - 3/13/2015City of Round Rock
ROU Se ROCK Agenda Item Summary
Agenda Number:
Title: Consider authorizing a Sidewalk Furniture License Agreement with Elvis
Marte, d/b/a 3 Star Candy Shop, at 113 E. Main Street, Round Rock, TX.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 3/13/2015
Dept Director: Brad Wiseman, Planning and Development Services
Cost: $0.00
Indexes:
Attachments: 113 E. Main St—Application, License agreement - Customer Sign, 113 E.
Main St_ signed CofA
Department: Planning and Development Services Department
Text of Legislative File CM -2015-708
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.
Cityor Round Rock Pagel Wl en&1y 5
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Plarming & Development Services Project Name: Sidewalk Furniture License Agmemerd
Project Mgr/Resource: Savin Gonzalez ContractorlVendor: wA
ED Council Action:
Q ORDINANCE Q RESOLUTION
QCity Manager Approval
CMA Wording
Consider authorizing a Sidewalk Furniture License Agreement with Elvis Marte, d/b/a 3 Star Candy Shop, at 113E. Main Street,
Round Rock, TX.
Attorney Approval
(((
Attorney4VIZ Date
0:\wdox\SCClnts\0114\1415\MUNICIPAL\00330179.XLS Updated 6/3/08
SIDEWALK FURNITURE
LICENSE AGREEMENT
This Sidewalk Furniture License Agreement ("License") is made this X-M6ay of
2015, by and between the City of Round Rock, (hereinafter "Licensor"), a
Texas home rule municipality, and Elvis Mane, 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 1, located at 113 E. Main Street, Round
Rock, Texas; and
Whereas, Licensee desires to place Sidewalk Furniture in the public right-of-way abutting
the Property; 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
abutting the Property 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) 00095, 00096, 00097, 00098, 00099,
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.
Nonassignability
3. This License is personal to Licensee and is not assignable.
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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: Laurie Hadley, City Manager
221 East Main Street
Round Rock, Texas 78664
LICENSEE: 3 Star Candy Shop
ATTN: Elvis Matte, Business Owner
113 E. Main Street
Round Rock, TX, 78664
2.
IN WITNESS WHEREOF, this AGREEMENT is executed on this 1-2,S day of
in 2015.
CITY OF ROUND ROCK
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B LaurieHadley' (Nty Manag
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By:
E " art" Business Owner
3.
EXHIBIT A
APPLICATION FOR
SIDEWALK FURNITURE LICENSE
4.
Application for License Agreement
Sidewalk Furniture Program
Applicant Information:
SELECT ONE: Cl Corporation ❑ United Liability Company
❑ Partnership/ Joint Venture ❑ Limped Partnership
❑ Individual
Nota: A document must be attached oulhodzing the Applicant's
above. signature on behalf 0l an entity selected
Contact Name:
Organization�Name:
Address:.lt�1
City: L l iZn( SSC State: —i 'yam_ zip. 2C R( -)In q
Contacra Phone: S M- 10 % _ Q l .Ln ( Fax:
Land Owner's Inforrrlation: (If different from Applicant)
SELECT, orporetion ❑ 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 selac(ed
above.
ContactName: Tlf1.VtS �(a IQt- f �1PIaIA hriO T t1SM
Organizat on Name:
Address: nn ��P al
City: V- A Y� Nd state: Le
Contact'$ Phone: Fax:
Property information:
Address: (If different from above):
Proposed Sidewalk Furniture:
Have any Sidewalk Furnitu pieces been placed in an adjacent public right-of-way prior to this
application? ❑Yes c
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:
n/0.
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 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 (,AC%lmyS'2 }c 6, )
Is the property address a historic landmark or in a historic district? [b 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 Preserva0on
Commission, and in addition to attaching the above dimensional sketch plan, the Applicant must
also attach a0dl0onal documents showing color, style and materials of the Sidewalk Furniture.
I, 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 fumiture and $5.00
for each additional piece, not to exceed $200.00 perjfpplicalioq is required to process the
Application. //
Signed by. LT' /
Applicant
Primed name: 1,IV, '9 /NI/tKTt;
Title: Olt rjY of b( (USS
CASE NO. UGIsba--DOOI DATE: Z—\Z-16
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Furniture Stickers for 113 E. Main Street:
WALK
a
FURNITURE CENSE
00095
m
SIDEWALK
s�
FURNITURE LICENSE
00096
a'e
SIDEWALK
FURNITURE LICENSE
00097
e
SIDEWALK
c
FURNITURE CENSE
00096
SIDEWALK
:
FURNITURE LICENSE
00099
SIDEWALK
FURNITURE LICENSE
00100
Certificate of Appropriateness Application
I'MNiii__ TFXAS Hitoric Preservation Commission
x wsmn amwnm
Submit this form and all necessary anachments (see checklist) at least 14 days before the Historic Preservation
Commission meeting to the Planning & Development Services Department, 301 W. Bagdad Avenue, Suite 210,
Round Rock Teras 78664; ph. 512-218-5428.
Applicant contact information
Name: Elvis Marte
Address: 113 E. Main Street- 3 Star Candy Shop
Phone: 512-962-9261 Fax: Email: elvis_marte3@yahoo.com
Role: ❑ Owner ❑ Architect/contractor ❑ Other:
Developer contact information
Name:
Phone: Fax: Email:
Property Address: 113 E. Main Street
1. In the space below, briefly describe the work proposed (use separate pages) ifnecessary).
2. Please refer to the attachment checklist for additional materials necessary to evaluate the
proposed work
Description ofproposed work.
Sidewalk furniture - 4 chairs, 2 bistro tables
Cast aluminum tulip design, brown metal or black paint finish
Certificate of Appropriateness
ln!*M,�GCT
.1.1Administrative Review
Property Address: 113 E. Main Street- 3 Star Candy Shop
Applicant Contact Info:
Elvis Marte, 113 E. Main Street, Round Rock, TX 78664 512-962-9261
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 fa4ade (lights,
mailboxes, etc.)
❑ Historic interpretive signage
❑ Minor modification to CofA that meets
intent of original CofA
❑ Renewal of expired CofA
Project Description
Sidewalk furniture - 4 chairs, 2 bistro tables
Cast aluminum tulip design, brown metal or black paint finish
Conditions:
1. Tables and chairs must be dark -finished metal, in a similar weight and design to that
requested by the applicant.
2. This Certificate of Appropriateness is being processed in conjunction with a Sidewalk
Furniture 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: �. 1 i j I J
cc: Jerryodges, Chau, Historic Preservation Commission
Mark Renmrert, Chief Building Official