USE OF RIGHT-OF-WAY AGREEMENT

 

 

This agreement is made and entered into on the____ day of November 2007, by and between RCJ, Inc., 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 at the Southeast corner of Lot 68 on Massachusetts Street in the Original Townsite of Lawrence, Douglas County, Kansas; thence 18 feet west along the south line of said Lot 68 to the true point of beginning; thence continuing west along the south line of said Lot 68, a distance of 34 feet; thence south perpendicular to the south line of said Lot 68, a distance of 7 feet; thence east parallel with the south line of said Lot 68, a distance of 34 feet; thence north 7 feet to the point of beginning.   Containing approximately 238 square feet, more or less.

 

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 6 East 9th Street and the sidewalk dining area, including the conditions of the site plan. (SP-2-9-97)

 

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.         Pursuant to Section 4-105 of the Code of the City of Lawrence, Kansas, December 31, 2006 Edition, the prohibition of the sale, consumption and possession of alcoholic liquor on public property shall not apply to above-described right of way, provided the sale, possession and consumption are pursuant to the Code of the City of Lawrence, Kansas and the laws of the State of Kansas.

 

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.

 

 

 

 

 

 

 

_______________________________

Ryan Pope

President, RCJ, Inc.

d/b/a The Bourgeois Pig

 

 

 

           


 

STATE OF KANSAS            )

DOUGLAS COUNTY           )

 

 

The foregoing use of public right-of-way agreement was acknowledged before me this _______ day of ____________________ of 2007, by Ryan Pope  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  November, 2007

 

 

 

 

______________________________

David L. Corliss, City Manager

 

 

ATTEST:

 

 

 

______________________________

Frank S. Reeb

Administrative Service Director/City Clerk