LICENSE AGREEMENT FOR TABLES AND CHAIRS WITH VIETNAM RESTAURANT SEASON
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1 LICENSE AGREEMENT FOR TABLES AND CHAIRS WITH VIETNAM RESTAURANT SEASON This LICENSE AGREEMENT is made by and between the City of Burlington, a municipal corporation organized and validly existing under the laws of the State of Vermont (hereinafter CITY) and VIETNAM RESTAURANT, LLC a commercial establishment located at 169 Church Street, Burlington, Vermont (hereinafter VIETNAM RESTAURANT or LICENSEE). WHEREAS, the CITY owns property, including the street and sidewalk right-of-way adjacent to 169 Church Street; and WHEREAS, VIETNAM RESTAURANT stated on its application (attached hereto as Exhibit A) that it wishes to place 2 tables and 4 chairs on the sidewalk area in front of the building at 169 Church Street; and WHEREAS, VIETNAM RESTAURANT has stated in its permit application that there are no physical barriers around the tables and chairs and they will cover a 24 sq. ft. area; and WHEREAS, this application was reviewed and approved by the Department of Public Works attached hereto as Exhibit B; and WHEREAS, such use of a public thoroughfare for periods in excess of 30 days requires approval of the City Council under Charter Sec. 48XLIX and Burlington Code of Ordinances Chap. 27, Sec ; Agreement: 1. TERM W I T N E S S E T H : The CITY and VIETNAM RESTAURANT enter into the following License The CITY grants to VIETNAM RESTAURANT (hereinafter LICENSEE) a license to
2 place 2 tables and 4 chairs on the public right-of-way for a term commencing as of the date of execution of this Agreement and terminating on April 30, 2011 or sooner as provided herein. 2. LOCATION LICENSEE may use and maintain tables and chairs on the public right-of-way (hereinafter referred to as the premises) for the consumption of food and beverage. Licensee must ensure that at all times there is an 8 ft. right-of-way for pedestrian traffic. A copy of the approved plan is attached hereto as Exhibit C. 3. MAINTENANCE a. LICENSEE shall maintain the tables and chairs in proper condition. b. LICENSEE shall be responsible for the maintenance and upkeep of the tables and chairs and any damage to the tables and chairs is solely the responsibility of LICENSEE. Should LICENSEE fail to maintain the tables and chairs, this License Agreement is revocable on notice by the CITY to LICENSEE of a violation of this section; however LICENSEE shall have 14 days to cure any problem if it notifies the CITY in writing within three (3) days of its intent to cure the violation. c. The tables and chairs shall be placed in accordance with all conditions set by the Department of Public Works and shall not impede the CITY S ability to maintain the road, sidewalk, parking meters or greenbelt. d. The tables and chairs shall not cause an obstruction or inconvenience to members of the public using the sidewalk, parking meters or street. e. LICENSEE shall pick up and sweep debris created by its use of the public right-of-way. 2
3 4. LICENSE FEE There shall be a fee for this license equal to the encumbrance application fee and the square foot use fee. This fee shall be payable immediately to the Burlington City Clerk s Office. Failure to pay the annual fee shall result in the immediate revocation of the license. 5. REVOCATION This License Agreement is immediately revocable should LICENSEE discontinue use of the tables and chairs. In any event, this Agreement is revocable by the CITY within 30 days upon sending written notice to LICENSEE. Upon revocation, LICENSEE must remove at its own expense the tables and chairs and other materials or obstructions placed on the property. If LICENSEE refuses to promptly remove such obstructions, they may be removed by the CITY and LICENSEE shall be liable for all expenses of such removal. 6. INSURANCE a. LICENSEE shall maintain in effect throughout the term of this Agreement comprehensive pubic liability insurance with an A rated insurance carrier, or better, qualified to transact business in the State of Vermont, insuring against all legal liability for injuries or damages suffered as a result of the exercise of rights granted pursuant to this Agreement in an amount not less than $1,000,000 each occurrence and $2,000,000 general aggregate. The CITY shall be named as an additional insured on such insurance policy. b. Prior to execution of this Agreement, LICENSEE shall furnish the CITY with a certificate of insurance which shall include the provision that the CITY is named as an additional insured 3
4 and shall be given 30 days written notification prior to cancellation of such insurance. The certificate shall be attached to this Agreement as Exhibit D. c. It is the responsibility of LICENSEE to ensure that a current certificate of insurance is on file with the CITY at all times. Failure to furnish a current certificate of insurance will result in immediate revocation of this license. 7. INDEMNIFICATION LICENSEE agrees to indemnify, defend and hold the CITY harmless and free from liability arising out of LICENSEE S use of the CITY S right-of-way, and LICENSEE agrees to make no claim against the CITY or any of its officers, employees, agents or representatives for any loss or damage caused by the CITY S use or maintenance of its right-of-way. 8. PERMITS LICENSEE shall be responsible for obtaining all necessary CITY and/or State permits including zoning permits, prior to placement of the tables and chairs. 9. NUISANCES PROHIBITED LICENSEE shall not, during the term hereof, on or in the premises maintain, commit, or permit the maintenance or commission of any nuisance or violation of any applicable City of Burlington ordinance, State or Federal statue, or controlling bylaw, regulation, or condition imposed whether existing at the time of commencement of this Agreement or enacted, amended, or otherwise put into effect during the term of this Agreement. 10. ASSIGNMENT OF RIGHTS LICENSEE shall not sell or assign its rights pursuant to this Agreement or permit the use of the premises or any part thereof by any other entity without the express prior written 4
5 consent of the CITY. Any unauthorized action in violation of this provision shall be void, and shall terminate LICENSEE S rights pursuant to this Agreement. 11. LIMITATION OF RIGHTS LICENSEE acknowledges that no property or other right is created other than that specifically defined and limited by this Agreement. DATED at Burlington, Vermont this day of, Witness CITY OF BURLINGTON By: Bob Kiss, Mayor Duly Authorized VIETNAM RESTAURANT, LLC Witness By: Duly Authorized lb/c: NAF 2010/License Agree for Encumbrance VIETNAM RESTAURANT, 169 Church St. (Tables & Chairs) /7/10 5
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