HomeMy WebLinkAboutRES 112420-E - License to Encroach KorkRESOLUTION NO. - 6
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN
MAKING CERTAIN DETERMINATIONS AND AUTHORIZING THE
MAYOR TO EXECUTE A REVOCABLE LICENSE
AGREEMENT PERTAINING TO THE ENCROACHMENT OF THREE
FIREWOOD CAGES AND MULTIPLE TABLES WITH CHAIRS INTO THE
A CITY OWNED PROPERTY, KNOWN AS LOT 6A1, AMENDING PLAT OF
LOT 6, BLOCK 52, CITY OF GEORGETOWN, LOCATED ON THE EAST
SIDE OF MAIN STREET BETWEEN 8TH AND 9TH STREETS.
WHEREAS, the City of Georgetown (the City) owns real property which is Lot 6A1,
Amending Plat of Lot 6, Block 52, City of Georgetown, according to the Plat recorded in
Document No. 2018052991 (Property); and
WHEREAS, the City has received a request from Kork Enterprises, Inc., d/b/a Kork
Wine Bar, as the lessee of the first floor suite of the building located at 815 S. Main Street,
which is adjacent to and south of the Property, to allow the encroachment onto the
Property of three (3) firewood cages and multiple tables and chairs, utilizing an area depicted,
and according to the distance restrictions described, in Exhibit "A", attached hereto
(License Area); and,
WHEREAS, the placement of these items on the City's property would provide for
additional seating for the general public as well as surrounding businesses; 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. tD
Description: License to Encroach, Kork, 2020-16-LIC
Approved; A)i3jiAm
Page 1 of 2
RESOLVED this &V day of 2020.
CITY OF GEORGETOWN ATTEST:
By - 4 -
Josh S oeder, Mayor Robyn Den more, City Secretary
FORM:
City Attorney
Resolution No. 111470 - E
Description: License to Encroach, 600 Degrees Awnings
Date Approved: , 4, ZL-ZL�:, Page 2 of 2
Exhibit "A"
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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 Kork Enterprises.
Inc. a Texas Corporation, dlbla Kork Wine Bar whose address is 107 Rose S rin s Georgetown,
Texas 78626 (hereinafter referred to as "LICENSEE"), Lessee of Lot 681, Amending Plat of Lot
6, Black 52 of the Original Townsite of Georgetown, more particularly described in Document No.
2018052991 of the Official Deed Records of Williamson County, Texas, and located at 815 S.
Main Street, Georgetown, Texas 78626 Georgetown, Williamson County, Texas. LICENSOR
hereby grants a license to the said LICENSEE to permit three (31 firewood cages and multiple
tables with chairs to encroach into and be placed upon the City property known as Lot 6A1,
Amending Plat of Lot 6, Block 52 of the ❑riginal Townsite of Georgetown, more particularly
described in Document No. 2018052991, said firewood cages and tables and chairs to be placed
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,
OF 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 it's 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, Structure, Awnings 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 Structure, Awnings 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 vrdmances 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. The City shall have the right at any and all times upon 180 days written notice to the
Licensee, its representatives, successors or assigns, to take possession of and use all or
any part of the licensed area in the event that such use be reasonably desired or needed
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by the City for street, sewer, transportation or any other public or municipal use or purpose,
and in such event, the City shall have the right to cancel the revocable license as to that
portion of the licensed area so designated and required by the City.
C. The Licensee shall have the right at any time upon 180 days written notice to the City, to
relinquish the use and possession of all or any part of the licensed area as it may so
determine and to cancel said revocable license as to that part so relinquished.
D. 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 fulfill 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
for such purpose at the sole cost, risk, liability and expense of Licensee, their assigns,
successors and representatives.
E. 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.
F. 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.
F. 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.
G. 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 suppod might be
occasioned by any improvements which the City, its assigns, grantees, or licensees might
install or construct.
H. 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 orabove, 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.
I. No transfer or assignment of any revocable license granted under the terms and provisions
of this Chapter shall be effective unless and until:
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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.
J- 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
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 City from 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:
K. 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.
L. 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.
M. 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.
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SIGNED and Agreed to on this day of , 20_.
LICENSOR:
City of Georgetown
By:
ifit'41%nn, Director,
Planning Department
APPROVED AS TO FORM:
dimity Attorney
STATE OF TEXAS
COUNTY OF WILLIAMSON
LICENSEE:
Kork Enterprises, Inc. a Texas corporation,
d/b/a Kork Wine Bar,
By:
Ryan Kell, President
Kork Enterprises, Inc., a Texas
corporation
ACKNOWLEDGMENT
This instrument was acknowledged before me on the,2 day of
20LO 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.
KAREN FROST
s h;r Notary ID # 1053608-4
My CMay 24! ion pines
2024
STATE OF TEXAS
COUNTY OF WILLIAMSON
Notary Public, State of Texas
ACKNOWLEDGMENT
This instrument was acknowledged before me on the day of
20_, by Ryan Kell, President of Kork Enter rises Inc_ a Texas con ❑ration d/b!a Kork Wine
Bar, behalf of said corporation.
Notary Public, State of Texas
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[Exhibits "A" to Revocable License]
Exhibits "A" to the Revocable License is heretofore attached as Exhibits "A" to the foregoing
Resolution and will be attached accordingly to the original Revocable License prior to execution and
recording.