USE OF RIGHT-OF-WAY AGREEMENT

This agreement is made and entered into on the__ day of April 2006, by and between Kenneth C. Baker II, and the City of Lawrence, Kansas. 

The parties agree and consent to the operation of sidewalk dining on the following described right-of-way:

Beginning 26.5 feet East of Northwest corner of Lot 46 of the City of Lawrence, Douglas County, Kansas.  Then North 10.16 feet, then East 57.5 feet, then South 10.16 feet and then West 26.5 feet to point of beginning.

This agreement for the use of the above described right-of-way is subject to the following conditions:

1.         All applicable City Code provisions, including but not limited to Chapter 6, Article 12, sidewalk dining establishment licensing requirements.

2.         The approved site plan for 800-804 New Hampshire and the sidewalk dining area, including the conditions of the site plan. (SP-04-31-05)

3.         The sidewalk dining license and an annual renewal granted by the City Commission.

4. The payment of the annual fee, required by City Code, for the use of the sidewalk.  The fee shall be considered as a lease payment for the commercial use of the sidewalk.

5. The license granted pursuant to this Article shall be non-assignable and non-transferable.  This use of right-of-way agreement is neither assignable nor transferable.  A new owner of the establishment shall be required to apply for a new license and right-of-way agreement.

6. The agreement between the City and the licensee shall provide that the licensee agrees to at all times save and hold harmless the City of Lawrence, Kansas from all liabilities costs, damages, and expenses of any kind, for the payment of which the City may become liable to any person, firm or corporation by reason of any claim or damages arising from the failure of the licensee, its employees, agents, servants, invitees, and patrons to exercise due care and diligence in the use of the sidewalk.

7.         Alcoholic beverages and/or cereal malt beverages may be served or consumed in the above described area pursuant to the laws of the City and the State.

The City commission may terminate this agreement pursuant to the provisions of the City Code.

IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date above first written.

_______________________________

Applicants Signature

Pachamama’s                                                                                                        Name of business to be licensed

PAGE 2

STATE OF KANSAS    )

DOUGLAS COUNTY   )

The foregoing use of public right-of-way agreement was acknowledged before me this _______ day of ____________________ of 2006, by Kenneth C. Baker II.  IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my hand and affixed my official seal on the day and year last above written.

NOTARY SEAL

______________________________

Notary Public

_______________________________________________________________________________

Approved by the City Commission this _____ day of ___________________, 2006

______________________________

David L. Corliss, Interim City Manager

ATTEST:

______________________________

Frank S. Reeb

Administrative Service Director/City Clerk