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HomeMy WebLinkAboutRES 012417-G - Encroach Canvass PanelsRESOLUTION NO. a`t I —CEJ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN MAKING CERTAIN DETERMINATIONS AND AUTHORIZING THE DIRECTOR OF PLANNING TO EXECUTE A REVOCABLE LICENSE AGREEMENT PERTAINING TO THE ENCROACHMNET OF CANVAS PANELS INTO THE RIGHT OF WAY, TO BE INSTALLED ON THE SIDEWALK RAILINGS NEAR THE SOUTHWEST CORNER OF CHURCH STREET AND EIGHTH STREET. WHEREAS, the City of Georgetown (the City) owns real property which is the right of way of Church Street; and WHEREAS, the City has received a request allow an encroachment into the right of way to allow the installation of canvas panels (Panels) onto the sidewalk railings along the west side of Church Street, south of Eighth Street, utilizing an area described in Exhibit "A", attached hereto (License Area); and, WHEREAS; the Panels will be generally installed in the manner and to the size and specifications as described in the attached Exhibits "C"; and, WHEREAS, the property owner agrees to accept the terms of the revocable license agreement and as set forth in the City Code of Ordinances Section 12.09 and to reimburse the City for costs incurred to process the request in accordance with State law requirements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. SECTION 2. The Director of Planning is hereby authorized to execute a Revocable License Agreement in substantially the same form attached hereto as Exhibit "B". SECTION 3. This resolution shall be effective immediately upon adoption. Resolution No. 0%-;A\-1 — G Description: License to Encroach, 600 Degrees Canvas Panels Date Approved: \ �� a -O 1 :� Page 1 of 2 RESOLVED this a_ day ofSOJ'OLM 2017. CITY OF GEORGETOWN By: (A 6-'� C Dale Ross, Mayor APPROVED AS TO FORM: i Charlie McNab , CityAttorney ATTEST: aIu_e.,'"ULrn Shelley N ui City Secr Resolution No. Description: License to Encroach, 600 Degrees Canvas Panels Date Approved: —I ag 1-0,0 171 Page 2 of 2 EXHIBIT "A" N O BUILDING RAILING 5'-6" ' o' 9 -, io 6'-0' L e �t ,i � o 6'-0" SKIRTING AREA VPROPERTY LINE Site Plan 1 scale: 1" = 20 Feet [Author: IZZERIA SKIRTING TIMES SITE PLAN Date: 24 E. 8th Street, Georgetown, Texas Rev.: 11130/2016 0 20feet 40feet ' Davin Hoyt Print Size: 8.5^x11^ C:/2009_out/00_600Degrees/124E8thAwn ing/pizzeria_skirting0I EXHIBIT "B" REVOCABLE LICENSE AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON ' This is a Revocable License Agreement by and between the City of Georgetown, a Texas home -rule municipal corporation (hereinafter referred to as "LICENSOR"), and 600 Decrees. LLC, a Texas Corporation, whose address is 124 E. 8'—" Street, Georgetown, Texas 78626 (hereinafter referred to as "LICENSEE"), Lessee of the Northeast Part of Lot 1, Block 52 of the Original Townsite of Georgetown, more particularly described in Document No. 2013051502 of the Official Deed Records of Williamson County, Texas, and located at 124 E. 8th Street, Georgetown, Texas 78626 Georgetown, Williamson County, Texas. LICENSOR hereby grants a license to the said LICENSEE to permit an encroachment for the installation of black canvas panels (Panels) on the railings of the sidewalk adjacent to and a part of the Church Street right of way, as shown on Exhibit "A" attached hereto and incorporated herein by reference for all purposes, said right of way being owned and occupied by the City of Georgetown, Williamson County, Texas, but such improvements shall at all times not be in contact with any electric, water, sewer, or other utility, or equipment, or interfere in any way with such utility, improvements and other property, or the use of the sidewalk and right of way for its intended purpose, and subject to the following terms and conditions: Neither the granting of the license, nor any related permit, constitutes an abandonment by LICENSOR of its property, easement or easements, or any other rights in and to the above- described property. LICENSEE expressly stipulating and agreeing by LICENSEE's acceptance of this license that LICENSEE neither asserts nor claims any interest or right of any type or nature whatsoever, legal, equitable or otherwise in or to LICENSOR's easement. LICENSEE shall not construct any additional improvements, or make any additions or alterations on or over the City right-of-way, without the prior written consent of the City Council. LICENSEE hereby expressly covenants, stipulates and agrees, without limitation, to indemnify and defend the LICENSOR and hold it harmless from any and all liability, claim, cause of action, and cost, including attorneys' fees, and including any acts or omissions of the LICENSOR, its officers, agents, and employees, which may grow out of or be attributable to the granting by the LICENSOR of said license and any supplemental license which may hereafter be issued in connection herewith including any inspections which may be conducted in connection with or pursuant to said license or any supplemental license. LICENSEE, at its own expense, shall restore or cause to be restored the subject property to as good a condition as existed prior to construction of the improvements which are the subject of this License Agreement. LICENSEE shall pay all costs of relocation of any public utilities or facilities which may be incurred as a result of the proposed construction or actual construction. LICENSEE shall keep the property, Panels and Premises in good condition and repair and in a clean, orderly, and attractive condition during the term of this License. LICENSEE shall be responsible for all maintenance of the Panels and Premises and shall repair any damage to the Premises regardless of the cause of such damage, at LICENSEE's sole expense. LICENSEE agrees to comply with all laws and ordinances in the construction and maintenance of said improvements, and specifically shall abide by Chapter 12.09 of the Code of Ordinances. A. If an inspection reveals that any part of the structure or facility or other aspect of the licensed area does not comply with applicable terms and provisions of the City Code of Ordinances, the owner of the structure or facility shall be notified and required to make such repairs as are necessary in order to comply with the applicable terms and provisions of the City Code of Ordinances. If any Licensee fails and refuses to allow the Director, or his designee, to come upon or enter the licensed area for the purpose of making an inspection, he may be prosecuted under the terms of Chapter 12.09 of the Code of Ordinances, and the Director may revoke the revocable license for the licensed area, and such action shall be final. B. Upon the lawful termination of a revocable license issued hereunder, in whatsoever manner such termination may be made, Licensee, assigns, successors and representatives, bind and obligate themselves to restore the licensed area to the original condition as it existed prior to any construction, or to full any other reasonable conditions for the restoration of the licensed area which may be acceptable to the City, and should the Licensee, assigns, successors, or representatives fail or refuse to do so within 90 days after such termination then in that event the City may do or have done the work necessary 600 Degrees, LLC License Agreement- Page 1 of 4 for such purpose at the sole cost risk, liability and expense of Licensee, their assigns, successors and representatives. C. Upon written consent of the City, acting by and through the Director, the Licensee may, at his sole cost, risk liability and expense including public liability and property damage insurance in the amounts specified in Subsection 12.09.030 DA of Code of Ordinances, remove, reroute, reconstruct, lower or raise any existing utility lines, public or private sewer lines, water lines, including storm sewers, pipes or conduits presently located within a public street, roadway, sidewalk or easement or the City's right-of-way, provided that before changing or interfering with any such utility lines as described aforesaid, the Licensee shall notify the respective utility companies and the City, owning or operating the aforesaid utility lines, concerning any and all changes, modifications, rerouting of or any interference whatsoever with the aforesaid utility lines, pipes or conduits. Any necessary changes, modifications, rerouting or interference with the aforesaid utility lines, pipes or conduits shall be done under the direction of the representatives of the respective utility companies or the City, as the case may be. D. Licensee shall at all times maintain a current insurance policy which shall provide (1) commercial general liability coverage in an amount not less than a general aggregate amount of $2,000,000 and $1,000,000 per occurrence; (2) workers compensation and employers' liability coverage in an amount not less than $500,000; and, (3) a liquor liability coverage in an amount not less than $1,000,000. Such policy shall name the City of Georgetown as an additionally insured. E. After the completion of any construction within a licensed area under the terms of a revocable license granted hereunder, should the City desire to lay or construct its utility lines, including sewer lines, water lines, or any other pipes, or conduits under, across, or along said streets within its right-of-way, any and all additional cost for the laying or construction of the aforesaid utility lines, including pipes and conduits, within said street or right-of-way, which may occur by reason of the existence of said construction, shall be paid to the City by the said Licensee, his assigns, successors and representatives. F. Solely as between the City and the Licensee, and not for the benefit of any other person, the Licensee, by acceptance of such revocable license, hereby waives any claim he, or any heirs, successors or assigns might have for damages for loss of lateral support to any other improvements hereby contemplated which loss of lateral support might be occasioned by any improvements which the City, its assigns, grantees, or licensees might install or construct G. The Licensee, or his successors, assigns, or representatives, by the acceptance of such revocable license, agree, obligate and bind himself or itself to indemnify and does hereby indemnify and hold and save forever harmless solely the City, any of its agencies, and any person, from all liability, cost or damage on account of Licensee's use, occupancy and maintenance of any part of a public street, roadway, sidewalk or easement or the City's right-of-way and the structures and facilities therein or above, including by way of example, but not by way of limitation, any buildings, piers, fences, pools, walls, patios, decks basements, awnings etc. constructed on or above the surface or the subsurface of any public street, sidewalk or right-of-way. This indemnity shall continue in force and effect during the existence of any revocable licenses issued under the provisions of this Chapter. H. No transfer or assignment of any revocable license granted under the terms and provisions of this Chapter shall be effective unless and until: 1. The Licensee has, in writing, advised the Director of the name and mailing address of the transferee or assignee; and 2. The transferee or assignee has furnished the Director its written agreement to assume and perform all of the duties, covenants and obligations of the revocable license; and, thereupon, each provision of the revocable license shall be binding upon, and inure to the benefit of, the transferee or assignee of the Licensee. The breach or violation of any one of the terms, provisions, or conditions set forth in this Chapter shall be sufficient to constitute grounds for the cancellation and forfeiture of the revocable license granted under the authority of Chapter 12.09 of the Code of Ordinances. Any such cancellation and forfeiture may be exercised upon 20 days written notice by the City to the Licensee, a representative or successor, unless, at the expiration of such time, any such violation or breach has ceased or the Licensee is proceeding with all diligence and good faith to remedy any such violation or breach and thereafter continues without delay with such remedial work or correction until such violation or breach has been 600 Degrees, LLC License Agreement- Page 2 of 4 completely remedied, and, any person violating any of the provisions of this Chapter may be prosecuted as provided in Chapter 12.09 of the Code of Ordinances. Should the City at any time or for any reason decide that the right-of-way onto which the Structure is encroaching is needed for public use, the City may upon thirty (30) calendar days written notice, revoke this license at no cost to the City and may take possession of the public right-of-way. All rights of the Licensee in the Premises shall then be terminated. Licensee may cancel this license, for any reason, upon thirty (30) calendar days prior written notice to the City, and all rights of the Grantee shall then be terminated. In addition, If, for a period of six (6) months, Licensee shall cease to use or occupy the property for the purposes herein contemplated, the City may cancel this license and take possession. All rights of the Licensee on the City right-of-way shall then terminate. Any waiver by the City of any breach of any of Licensee's obligations shall not be deemed a continuing waiver, and shall not prevent the Cityfrom exercising any remedy it may have for any succeeding breach of the same or another obligation of the Licensee. Upon termination of this license for whatever reason, the encroaching Structure shall become the property of the City and shall, at the option of the City, be removed by the Licensee without cost to the City. If any person or the owner of land abutting a public street, roadway, sidewalk or easement or the City's right-of-way reveals by his application for a building permit or other authorization of the City that any new, remodeling or renovating construction is desired to be made within any part of a public street, roadway, sidewalk or easement or the City's right-of-way, the requested revocable license will be reviewed for compliance with the terms and provisions of Chapter 12.09 of the Code of Ordinances, and in addition, be subject to the following conditions: J. The proposed use of a public street, roadway, sidewalk or easement or the City's right-of- way by any person or the abutting land owner shall not interfere with the City's lawful use thereof. K. The Licensee, or his successors, assigns or representatives agree, obligate and bind himself or itself to indemnify and does hereby indemnify and hold and save forever harmless the City, from all liability, cost or damage on account of the construction within a public street, roadway, sidewalk or easement or the City's right-of-way, or on account of using, occupying, preparing, maintaining and operating any such improvements therein. Grantee shall defend and indemnify the City against any liability and loss of any type arising from any lien or encumbrance on the property that arises or is alleged to have arisen from Grantee's use of the Premises. L. This license shall expire automatically upon removal of the improvements located upon the property pursuant to this license. This license shall be effective upon the acceptance of the terms hereof by the LICENSEE, as indicated by the signature of LICENSEE and the approval thereof by the City. The license shall be filed of record in the Official Records of Williamson County, Texas SIGNED and Agreed to on this day of , 20_ LICENSOR: City of Georgetown By: Sofia Nelson, Director, Planning Department 600 Degrees, LLC License Agreement - Page 3 of 4 LICENSEE: By: Name: Title: 600 Degress, LLC, a Texas Corporation , AssistanbCity Attorney STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of 20_, by Sofia Nelson in her official capacity as Director of the Planning Department for the City of Georgetown, a Texas home -rule municipal corporation, on behalf of said corporation. Public, State of Texas STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of 20_, by , in his/her official capacity as of 600 Degrees, LLC on behalf of said corporation. Notary Public, State of Texas 600 Degrees, LLC License Agreement - Page 4 of 4 [Exhibit "A" to Revocable License] Exhibit "A" to the Revocable License is heretofore attached as Exhibit "A" to the foregoing Resolution and will be attached accordingly to the original Revocable License prior to execution and recording. [Exhibit `B" to Revocable License] Exhibit `B" to the Revocable License is heretofore attached as Exhibit "C" to the foregoing Resolution and will be attached accordingly to the original Revocable License prior to execution and recording. BLACK CANVAS RAI EXHIBIT "C' 5'-0.' Elevation: South Railing I.Witi►[e scale: 1/4" = 1 Foot BLACK _i �� — -- CANVAS 4' -Orr I Elevation: East Railing '4'-4"1 I ; RAILING �_2J scale: 1/8" = 1 Foot PIZZERIA SKIRTING 124 E. 8th Street, Georgetown, Texas Author: Davin Hoyt TIMES RAILING Date: 11/19/2016 LEVATIONS Rev.: 11/21/2016 SKIRTING A4.1 Print Size: 8.5"x1I" C:12009_out/00_600Degrees/124E8thAwning/pizzeria skirting01