USE OF RIGHT-OF-WAY AGREEMENT
(The Granada)
This agreement is made and entered into on the____ day of September, by and between Mike Logan, Granada LLC, dba The Granada, 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 SOUTHWEST CORNER OF LOT 104, MASSACHUSETTS STREET; THENCE NORTH 18.39 ALONG WEST LINE OF SAID LOT; THENCE SOUTH 90°00’00” WEST 6 FEET; THENCE NORTH 00°00’00” EAST 31.49 FEET; THENCE NORTH 90°00’00” EAST 6 FEET; THENCE SOUTH ALONG THE WEST LINE OF LOT 104, 31.49 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED AREA CONTAINING 189 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 and Hospitality Licensing requirements as amended in Ord. 8274 (a copy of Ordinance 8274 is attached).
2. All Sidewalk Dining and Hospitality License Administrative Compliance Procedures as approved by the City Commission on August 19, 2008 (copy attached)
3. The approved site plan for 1020 Massachusetts Street and the sidewalk dining area, including the conditions of the site plan. (SP-06-26-09)
4. A valid Sidewalk Dining and Hospitality License approved by the City Commission.
5. 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.
6. 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.
7. 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.
8. Pursuant to Section 4-105 of the Code of the City of Lawrence, Kansas, January 1, 2009 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.
9. The sidewalk dining area and the area from the entire front building façade to the street curb line shall be trash free.
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.
_______________________________
Mike Logan
Granada LLC
d/b/a The Granada
PAGE 2
STATE OF KANSAS )
DOUGLAS COUNTY )
The foregoing use of public right-of-way agreement was acknowledged before me this _______ day of September 2009, by Mike Logan. 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 ___________________, 2009
______________________________
David L. Corliss, City Manager
ATTEST:
______________________________
Jonathan M. Douglass
City Clerk