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Exh 3A„~,. .~~- .,, ~A 9-13 ~ ~I9 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Requests from Ragtime DACE: September 8, 1999 SUBMITTED BY: David E. Thompson, City Manager BACKC~ROUN:D: This item was discussed at the August 23, 1999 Ciro Commission IV1ee~ting, anti the City Manager was directed to meet with the Mortons to discuss the matter further. On Wednesday, Se.~tember 1, 1999 at 2:00 PM, the City Manager met with Torn and 13111 Morton. The Mortons provided a signed agreement with Frank R. Keasle;r, Jr. to provide Ragtime employees with a "nonperpetual, non- excausive and as-available access" to park at the parking lot in Neptune Beach at the corner of 1st Street and Atlantic Blvd. Thais certainly demonstrates an attempt on the part of the Mortons to alleviate some of the parking problem around their business. The; Mortons have also met with nearby business o~~mers to discuss time, for the sidewalk cafe style business to work aut solutions 1:0 concerns from their neighbors. Relative to the issue of pedestrian access, it appears that the proposed layout will allow sufficient space for pedestrians to pass through the area. However, this will have to be monitored to assure that overflow crowds do not create an impediment: to pedestrians. After reviewing the proposals and discussing staff conce:ms, it appears that the sidewalk cafe seating that is being proposed can be added without creating major problems with other businesses or pedestrians., The utilization of the City property will require several measures including a contract with the City to use the property, the; establishment of any user fees, the necessity for ,Use-bv- Ex~reption f or additional seating without additional parking, and the modification of the City Code to allow alcohol consumption on City property. Other concerns expressed by staff ca:a be addressed '""'` through the contractual agreement for use of the property. One: issue that remains unresolved at this time is the: sealing and/or protecting the bricks. This will require some additional research and discussion through Town Center. RECOMMENDATION: If the City Commission would like to grant the requests from Ragtime, then the following recommendations are suggested: 1. Authorize the City Attorney to draft a con~:rac1: for Ragtime's use of the City Property; 2. Establish a User fee for the use of the property; 3. Review and take action on the Use-by-Exception request from the Community Developmer.~t Board; and 4. Authorize the City Attorney to modify the existing ordinance to allow the alcohol consumption requested. ~~.~ AT'TACHMENT: ~ Community Development Board agenda and draft minutes Application for Use-by-Exception Letter and diagram from Ragtime Non-exclusive Parking Licensing Agreement City of Chattanooga Information REVIEWED I3Y CITY MANA.,GER: AGENDA ITEM NUMBED;: _ _. AGENDA _. _ ,,~,,, . COMMUNITY DEVELOPMENT BOARD CITY OF ATLANTIC BEACH July 20, 1999_ 7:00 P.M. ,~~- 1. Call to Order 2. Approval of Minutes o.. Meeting on June 15, 1999 3. Recognii:ian ofi Visitors 4. OLD BUSINESS a. Application for Use-by-~Exception filed by Assad Halleak t~~ ope:rate a retail the and stone businc;ss at property owned by Bobby and Pauline Boeneke known as Part of the Castro Y. Ferrer Grant, Section 38, Township 2 south, Range 29 East and located on Atlantic Boulevard; b. Application for ~Jse-by-Exception filed by Big River Breweries, Inc./Ragtime Tavern to allow cafe stye sidewalk seating at property located at 207 Atlantic Boulevard; 5. DISCUSSION a. Traffic Patterns in Ofd Atlantic Beach. b. Continued Review of Zoning Ordinance. 6. ADJOURNMENT If any person dE;cidE;s to appE~al any decision made by the Community Development Board at the above meeting, he will need a record of the proceedings, and for such purpose, rn,a~ need to ensurE: that a verbatim record ofi the proceedings be made, ~Nhich record shall include the testimony and evidence upon. which appeal is to be based. ~~. MINUTES OF MEETING OF THE """" COMItAUN1TY DEVELOPMENT BOARD ~~ OF THE CITY OF ATLANTIC BEACH, FLORIDA .fuly 20, 1999 7:00 P.M. CITY HALL S PRESENT Don Wolfson Robert Frohwein Sharette Simpkins Mary Walker Pat Pillmore Dezmond Waters AND George Worley, ll, CD Director Pat Harris ABSENT Buzzy Grunthal Chairman Lyon Wolfson called the meeting to order and asked for approval of the '~~~` minutes from the meeting of .;tune 15;,.1999. On motion made and seconded ~:he minutes were approved. I. Ap;~lication for ~Jse-by-Exception filled by Assad Halleak to operate a retail the and stone business at property otivned by Bobby and Pauline Boenel<e known as Part of Castro Y. Ferrer Grant, Section 3F3, Township 2 South, Range 29 East and located on Atlantic BoulE:vard. Mr. Halleak introduced himself and explained that pursuant to conc:,ems of the board at the last meeting, he has submitted a revised .site plan indicating parking spaces, setbacks, outsidE: storage and an on-site truck turn around at the location. Hf: stated that the tractor-trailer trunks defiv~:ring materials would be able to enter into the driveway along the western edge of the property and back into the warehouse portion of the building. After discussion; Mr. Frohwein moved to recommend approval of the Use-by- Exception subject to outside :storage being used only for raw materials and not discarded materials, that tractor-trailer trucks only turn around within the property boundaries, and that the exception be granted to the applicant only, for this location only. AArs. Pillmore seconded the motion and it passed unanimously il. Application for Use-by-Exception filed by Big River Breweries, Inc.IRagtime __ ~,, Tavern to alfaw cafe style sidewalk seating at property located at 207 Atlantic Boulevard. - -- Tom Morton introduced himself and stated that at the last meeting tree board was -- concerned with some legal issues that needed to be addressed before making a ~,r,,, . recommendation. Rona BrinlE:y, owner of Book Mark, introduced herself and reiteratE~d her concerns regarding the utilization of parking spaces located in front of her business. The Chairman expressed concern with the proposed door opening and railings„ He stated that his ok-servation revealed potential problems and felt it would be unwise to recommend approval of the use-by--exception as opposed to drafting an ordinance regarding sidewalk cafes. Mr. Waters suggested that the applicant pursue the acquisition of adjacent property for 'the purposes of additional ;parking.. Responding tc~ questions from the board, Mr. Worley stated that Section 24-161 states that any deviation of parking requirements is to be handled as ause-by-exception. After di:scu:ssion, the Chairman moved that the board recommend denial of the use- by-exception and Mrs. Walker seconded the motion. Mr. Waters stated he: did not favor sending a negative revie~r~ to the City Commission since conditions could be placed on the use such as parking and wider `~i~' walkways as well as putting an ordinance in place to deal with the concept which Atlantic Beach is ideally ~~uited for.' Mrs. WalkE;r stated that she felt the street should be closed to traffic befiore granting a use-by-exception. She statesd that it would penalize the pedestrians. She suggested to the applicant the ide<~ of rooft~ap dining. Mr. Morton stated that when thE~y presented this idea they assumE:d there would be issues to be addressed and felt confident they could make a valid attempt to come up with solutions. The Chain-nan suggested moving toward an ordinance allowing outsidE; seating for special events with closed streets. ~ ' Mr. Frohwein stated he wanted the board to send a favorable message to the City Cammission anti submit to them a proposed ordinance regarding outside dining. He expressed concE:rn with the proper procedure to follow in this regard. Mr. Worley stated that there should be an ordinance or formal agreement to allow the use of public property similar to the Town Center Project. He stai:ed that the agreement would follow the granting of ause-by-exception. ww- - Mrs. F'illmorE; stated she would like to see a positive recommendation and ~- - suggested the Chairman withdraw the motion and start over. -- ~ - Mrs Walker concurred with a presenting a positive recommendation to the City ~ - -- y~wr' . Commission but: stated that there are some barriers that cannot be overcome until someone builds the sidewalk out or the street is closed to traffic. The Chairman stated he would be willing to stipulate concerns that the board has and relate to the City Commission that they like the.idea as a practical matter but recommends denial of the request but at the same time to encourage proceeding with an ordinance. The Chairmann withdrew his motion with the preface that he likes the idea of cafe- style sidewalk seating which would be compatible with the ambience ~of thiss particular location but has concerns with the way the use-by-exception is designed and because of certain constrair~ts on this location. He moved that the application for use-by-exception to the parking requirements ai: Ragtime Restaurant to allow cafe-style seating at the corner of Atlantic Boulevard and OcE:an Boulevard without providing additional parking spaces be denied. FurtherrnorE:, his concerns raised by the neighboring business, :>pecifically, Book Mark, the desicln of the proposal regarding the hazards of limiting accE:ssibility by pedestrian ar~d vehicular Traffic, and the use of City property. Mrs. Walker seconded the motion. Mr. Waters stated that there is no private property in front of Ragtime and the City nE;eds to leave unimpeded the bricks with citizens names located on the sidewalk. ~~ar+i ~ Mr. JensE:n si:ated that the last thing needed is another ordinance on thE: books. He stated that the City does agreements with various entities for use of public property, city rights-of-way, to-wit: gas companies, telephone companies and JEA. He stated that the applicant is seeking a very lirnited, isolated instance. He stated that the resolution which is basically an agreement between the city and the applicant. He stated ghat the matter on the agenda far this rneeting is strictly ause-by-exception for parking and additional tables. He stated the .appiicant would have to go to the City Commission any vray to seek permission to use publicly owned property which would be accomplished by agreement or resolution. After discussion, Mr. Wolfson withdrew his motion and made a new motion to recommend to'the City Comrnission that the use-by-exception to the parking r~aquirements fior Ragtime Re~;taurant to allow cafe-style seating at the corner of Atlantic Boulevard and Ocean Boulevard without providing additional parking spaces be denied and Mrs. Walker seconded the motion. Mrs. Pillmore stated that she would {ike the information regarding possible planning and coordinating with Tovvn Center attached to the recommendation to the City Commission. ~r Mr. Watf~rs voiced his objection with the way the recommendation ended up this - __ evening because the applicant would not be able to present the motion again for aperiod -- -__ . • of one year. „~~ Responding to a question raised by Mr. Frohwein, Mr. Worley stated tfiat~the owner could place 32 seams and some tablEa outside on his property and servE; lunch and dinner without the usE:-by--ex:ceptioin. . Mr. F~rot'~wein stated 17e opposed the motion as made. Mr. Jensen stated that he thought it advisable for the City Commission to consider t:he use-by-exception and rE:solutiori or agreement at the same time. The applicannt expressed his concern that the City Commission would not hear the positive suggestions made at this meeting. He stated he would feel more; comfortable having a positive recommendation from this board an not just a recommendation for denial of the requested userfay-excyeption. Mr. Waters :stated that he did not understand why the applicant could not go straighi: to the City Cornmission requesting an ordinance establishing the concept in the city. On request from Mr. Frohwein the chairman polled the members. and the result was 4-2 in favor of recommending denial of the use-be-exception with Mr.. Frohwein and Mr.. Waters opposed. -- The Chairman explained to the applicant that he could withdraw his application at this meeting or at the City Commission meeting. He further explained that even with the vote for denial the applicant: can still work toward the resolution with the City and present the whole con~epi: at: that meeting. Mr.lNaters questioned whether the board could grant an exception for parking for one year only. The Chairman read Section 24-63(6) which states that the City Commission may as a condition tc- the granting of an application for permit impose su~:,h conditions, restrictions or limitations in the use of the premises or upon the use of the premises as requested in the application as the City Commission may deem appropriai:e. After discussion, Mr:~. Pillmore moved to call the vote of the motion. Thereupon, the board voted to pass the motion to recommend denial and the motion carriE:d by <~ vote of 4 - 2 with Mr. Frohwein and Mr. Waters dissenting. The Chairman requested each member complete their findings of fact worksheets and turn them in to the Recording Secretary. DISCUSS[O~~! - a. Traffic Patterns in Old Atlantic Beach (C~ ~~i> ~,~ Mr. Worley stated that the board was furnished copies of the straffic study by the City which acidrE:ssEld traffic flow and parking and which was intended to address parking problems. He stated that the study branched out to include traffic patterns and offered some possible solutions including .re-routing of traffic by creating one-way streets and certain traffic calming techniques. As a result of a one-way street questions from a City Commissioner last month, the City Manager has provided them a written response and a copy of that response was also furnished to the board members. He stated he also had color photogra~~hs i~rom the traffic s#.udy if anyone needed to see them. Mrs. I'illmorf~ stated she felt that the study was not presented to the board from a neutral position but that the report had been conducted without interaction to change. She stated she would rather havE; seen the report suggest possible changes and solutions that the City needs to work out.:~he stated she felt that there are solutions and thE;y should be tested, specifically, one-way streets. Mr. Frohwein suggested that: stowing down the speed with regulatory signs might divert traffic in a different direction to roads that have a higher speed limit such as East Coast Drive and Ocean Boulevard. He requested feedback from staf and other board members. 1-te :~tatE~d that this is the third time this board has discussed traffic filow a,nd no recommendations have been made. -~ Mr. Woriey stated that he did not believe that a significant traffic reduction could be achieved by reducing the speed limit. He stated that half of speeding complaints he has heard involve E3each Avenue because there are so many pedestrians. Mr. V~oli-son requested staff submit the matter to the Public Safety Department for recommendations and weighted solution. Mrs. Walker stated she could not make a recommendation until she has seen the numbers on the matter. Mrs. Pillmore stated that the angle parking at Adele Grage Communifi~r Center was an excellent idea. Mr. Wolfsor- suggested that Town Center designate angle parking between Ahern and First Street and paint and stripe it accordingly. After discussion regarding suggestions and solutions the consE:nsus of the board was to conduct a survey to ascertain various problems and possible solutions Mr. Frahwc:in stated that the survey should address which areas want: traffic calming. „~ ~~ ~~~ '~ a. Continued Review of Zoning Ordinance .- - - - - __ • ~ The board agreed to mE;et at 6:q0 p.m., August 17, 1999 to continue their discussion ~,~.~ of the zoning ordinance. _ • . Mr. Worley reported that the new zoning maps were being prepared and would be furnished to the board upan tf-ieir receipt. Mr. Worley stated hE: would prepare a draft letter to the City Commission recommending a meeting of Neptune and Atlantic Beaches regarding parking and transportation to and from Town Center. The Chairman repor iecl that Mr. Grunthal has asked that he be replaced and asked the members for any recommendations they may have. The Ghairman requested staff place on the agenda for the next meeting a discussion of a :;pedal zaninc~ district: which addresses cafe style seating, parking etc. The Chairman r~epor<ed that due to a lack of communication with JTA ruled out potential design~~ for the Mayport Flyover including a clover leaf design. He stated that the City was not involved with any meetings or discussions, The Chairman also sh<~red with the members an account of various mE:etings and discussions with JTA and their proposals regarding mass transit, bus station location and ~'""' a trolley for Town Center,' Mayport and.the Beaches. There b~:ing no further business to come before the board the meeting was adjourned. SNGNED ATTEST July 23, 1999 City Commissit~n City of Atlantic Beach Cominissior~ers: This is a request to allow temporary usage of a portion Of the sidewalk affronting ?tagtime Tavern, loe~~tec' at 107 Atlantic Blvd., Atlantic Beach FL. -The reasons for this request are as follows: To permit Ragtime to place tables anc[ chairs in this area for the purpose of providing food and beverage service to resta~rirant patrons. Please note: 'the location and exact , configuration oftables is flexible, and can be adjusted to address any concerns that: may • arise in the conunissions' consideration of this request. Those concerns may include, but . are not limited to: (1) providing safe rind adequate public access over the existing sidewalk, (1) Izunirruzin,g zany negative. impact on neighbol-uig businesses, (3)13mtting hours of operation for th;: use of this area, (~) considering design elements that compliment and enhance the eXistin;; Town Center redeveloperrlent project,(i.e.: umbrella colors, plant and railing dividers to define usable area, etc.). Tn making this request, it is agreed: 1. To defend, indernrify, and hold harmless the City of Atlantic Beach,. its o,~icers, agefits, . and employees frorn any and all claims for damages for injuries to persons or property related to or arisin€; out of the temporary use. - 2. To vacate the property and terriporary;use upon reasonable notice from the City to do so. .. - 3. To address and incorporate any restrictions or requirements requested by the City Commission p3ior to occupying the designated area. ~ - VVe tivould like to reg3.i~st that this matter be considered in conjunction with the - ~ ~ " Commissions review of our supplication for a "Use by Exception" to the par.[Ling' , requirements, that was heard before the Community Deve'opemelit Board c>n 7uly ~ - 10,I999.~ Weadditionally would like. to request that both of these matters be scheduled on -..._ • _ _ your agenda no earlier than i:he August-23,1999.City Commission Meeting. ~. - .. ~ .. __ _ : -- - ~ ~~ ~" . _~ J V'. ~.I-JVULY F~U~1 - Phase Typv or ,Print irr Ink Appliaotion Fee $100.00 __ ~'''~ r~~ .;~ APPLICATIUt( FOR "USE EY EXCEPTION" ~ 's-~^ ~t t~~ ~ •^=~`£ Y,,,N• 77 ~.:. Date F11edt h~~f1~9 - -- u'~f~l . r ~9~9 City raf ~tia Tj''i Name and Addreao of Ovnerr b:r Temm~t in Poseeseion of Premieewr t ~. ~ ~ aE'aCn ~ -~f~~11,'.=,~ ISKoW°_R.rc:S, uc. D c QI1irCil~1,~ .3riGl ?Onln ------• ---_____ ._.__.__-- Phane ~: ~ T LR t-' ~ i c, ~LL ~ ---~ ~---I~--___-__._ ---- Mork t __Z_~' i -~i!f77 - f}7_l-.9~{TK. ~~AC_t.E ~L -- ~ZZ ~_-_- Nome t 333 -------------- ------ ~>7~ . ~~ I•'tt>(t•t~r/ ff3~1~1J/L~~ -----=2f31'~----___-•------ Straet address d.nd .legal desscription pt the premises e-a to xhich thQ •Uoe by Exception' in: xei~uamtedr --~o~__}~TV~u~(c- ~3t,~D1-~}r{.~tuz'~c. RC~tcN 1'(_.. 3 -------- 3 Lz 3 1,1=6AL '. Ito ` ZS -Z$ E t,,ISD~ ------~-------- -----•------•- ------------- TE2-R-~ SAD Pt• o-~ l~'S I =4 !1 description of thv `Use by Exception" desired, xhich shall crpelcii.'ical:ry end particularly denaribe tF~s type, character and extent oS the pr•oposEad "Use by Exc4ption•r -~~E--~`tnexc~~~~av~__i.S_re~~~s-{~~~ tc~ allow c4-~t S-r•il.e, Sr~t~eurc2k. ea ~~ n ~flah-~( lvct -----~~------ --- - ---~-----•--- •~ ~_~ ~~ srdew~,lk i~ -F~pnf o~ (La fimae"jauern '(he. etuh~- S rdew;(II~ -r~(.~e b ~ o __--------- --------- ~ -- - . ~•------- ---- ~ Q~cP {,uaut~,~ acc~n~dd{-~ _~_~ addr-fra~«I ;e.G:fs; n - -~,r-----•----------- -~~--------------------------- _CL~lurj~~tnsy__ ~ U r ~. L (~ r ~- Ye (,C{YP~VY',.9~vf~'.$ Qc~ r'~J llYia--- ~cc"~mcJ Speoi:fio rreaons rhy thw applioant hale the request should 6e granted: --~u~door- t'e.S-f~~{.t ~cwx+ ~~ rn ~ r (~ -------~-------- ~----- 1~ ~_r~es,r~b.Qg_ a.c~~,-~W,,, --~- --~°-----~ afrr~, b { c1,vi (:s~ Q-~ owr hew ~ S~ r ee-f s c a ~ ~{ ~ju, h ~'evtt~ -------------- ----------- QY+2ct.. ___._ Zoning C1 MiiiI1010tionl C il___------------------- Signature of applicant/app,lioent'e Signor ur of o ----i-------------•' authori2ad agen{; or wttorne;/. IS A liar;ti Her of tlr~r proparty. ogent or arttorne~r, inoludo :[otter Ypp o Hoot be procvased hoar applicant to thrt •fieat.. ithout oxnera signature, r _ V :~ ~'~IHDINt3S aF F~cr . werw' -- _,~ 1. Ingres^ and eQ~rwuer to praperrty wad prapoa~d YE5 NO otruoturwee is adequate. Penrtioular rsiarwnoer in cads to autow~~tiw rend pedestrian ratre~y and ' ccnveni.ncw, t:: attic Clow and aantrcl and wcos=o ' 3.n caae at catastrophw~ ___ ___ e 2. Ott-wtraet parking and loading ie adequate. P+nrticsular attention ire paid to th• itotrer in 1. ~abover wnd thr eoonoMic, aai+se, glare and odor otSecta of thw otpeciai trxcwptiat~ on adjoining properrtiew anct pro}xrtiea ~ genoraiiy in thv d3rstriatt 3. Locatianae at rwieuW and Aorvice s~retlaa mrs cowpatible rith ,surraundint{ popsrtieer and mrs eaeoiiy wcaemsible. ~ ___ ___. 4. Locations, availmbiiity and aa+epeotibiiity o! utilitieo ors adequate. ___ ___ 5. Types, diweneions and ahareeateer of aarae-ning and buttwrin~ err redequats, ___ ___ 6. Signs and proposed •xt•riar lighting, with reterrnce to p.lara wnc~ traffic reatety~ wre in '"~"' harrwny ^nd are oo>opatib}~'er ditls ether proptrti•ts in the diatriat. ___ ,___ 7. Required yurdw end other open wpae+A wrs adequate. ___ ,___ e. Thee use is gernwraiiy cow~,patlbi• frith mdjaa•nt properties and o?:her propwrt;r in the district. ___ .___ COtfMUNZTY D£VELDPPlENT IB[7ARD Rl~t'dRT A4dD RSCp2l1l83tDATIOIiSt NIIW' A}~ri122; 1,199 Mr•. Dati~d Thampum City Manager Ci~:s- of Atlantic Be<tch Dear Chief Thompson: Tl~~ank you for taking the time to research and discuss our idea of adding sidewalk ca.f~ style seating at Ragtime. At this time I am requesting consideration of this idea b5 the City of Atlantic Beach. Sidewalk cafes are a desirable and integral component of the ambiance of cities 4~gr, and small all rn-er the world I have enclosed some materials, which illu~~ate a similar situation worked out by Big River Breweries and the City of Chattanooga, Tennessee. A:s you may know. Big River is the pamrrt corrrpaarF to Ragtime Tavern since, Janney 1998. To my mind the key to this arrangement is the granting of temporary and provisional use of the sidewalk to Bi€; Ritizr by the City. "this allows the city to iernrinate the permission at arry tine with reasonable notice. Furthermore, the sidewalk seating and service areas are implemented ~itlxnat any pa~nancnt fixtures. As we dis<ms Che addition of sidewalk seatsrtg wrnild be an enhancement to the "Coven Center area or more than fifteen years Ragtime has been instrumental in enhancntg bath the quality of life and emrironment in our community, and we feel this project would bc; an appropriate additicm in those areas. After revieRZng this irdarmation please contact meat Your convenience err we may determine how to take the next step. Thanks again for your consideration on tl:tis matter. s;r~~ry. ~~~~ /~ ~_ Tom Morton .' For Ragtime Tavern and Big River BrESVeries, lnc. ~iNiM' _. ~r a~p~r~ //, ~'\ ,~ -_ y- _ '•~ w - - •. _ __ - ....__----• {-~ -'-~ ._. '- ~ ~m I I-- ~~ Z `\ x~ W ~ ~-~ ,~ ~ ~ 'p 1 \ r 1 ~ ~~1 +~I - - - ~,,I~ U I J Y ®I 3 111 ~ ~• w w ~- > I 0 2 ~ ,~~ h ~~ ..-. ~ I~ -- -~ - w K J J Z U ti w m r~- r' i, a w U 0. y Z a a v r9` ~t a z ~ ~ ~ z ~ ~ a ~ N+~N-EXC:LUSIVE PARKING LICENSING AGREEMENT r~~ THIS LICENSING AGREEMENT effective this day of August, 1999, befiNeen Frank R. Keasler, Jr,,, as Trustee to the NBH Land Trust, a Florida Trust Entity organized under Chapter 689.Oi`1, Florida Statutea, r~/a/d :[uly 11, 1997("Licensor"), with full power and authority to protect, consen~e, sell, ).ease, encumber or otherwise manage and dispose of the real property described as on ~:xhihit "A" attached hereto, and whose address is c/o Henderson K:easler Law Fizm, 4>37 Pablo Oaks Court, Suite 102, Jacksonville, Florida 32224, and Big :River Brewf;ries, Inc. ("Licensee''); a Florida. corporation whose address is 100 E. 10th St., Chattanooga, TT[ 3 ;402. In receipt of "Ten Dollars (~ 10.00) and other good and valuable consideration Licensor hereby grants to Licensee and Licensee's employees a nonperpehial, non-exclusive and as-available access to fifteen (15) of the fifty-two (5.?) parking spaces, as designated from time to time during the 'Term of this Agreemenr. by Licensor, in the parking lot on a certain tract of land owned by Licensor as described more: particularly aS El"I11JJIf "A"attached hereto and by this reference incorporated herein. During special events anal holidays, any person parking on Licensor's property pursuant to this Agreement may be; subject to all parking charges, if any, assessed by Licensor. Licensee's use sunder this Agreement shall be exclusively for the Licensee's employees. The license granted 1-cerein permits the lin:~ited and qualified use of such designated fifteen (15) parking spacers during the Term of this Agreeznenl: or until Licensor gives notice to Licensee terminating this Agreement. +~~ The licensed pez~nlissible use of the property described in Exhibit A is given to Licensee for a period of one (1) year. (the ""Perm"). Such term shall renew automatically ~.mless Licensor or Licensee gives thirty (30) clays' notice of nonrenewal. Notwithstanding such Term this Agreement is revocable at any time: by :Licensor with thirty (30) days prior written notice. Licensee acknowledges the legal title of Licensor to the property described on Exhibit "A" and agrees never to deny such title or to claim any right, title or interest therein or thereto, excepting such limited and non-exclusive rights t.tnder this Agreement. Licensee will exercise the privilege grar.l:ed herein at Licensee's own risk and agrees, Licensee will never claim any damages against Licensor for any injuries or damages suffered on account of the exercise of such privilege, regardless of the fault or negligence of the .Licensor. Licensee will indemnify and hold Licensor harmless from and against all liability for damages and expenses resulting from, arising out of or in any way connected. with, th.e exercise of the privilege by Licensee or by Licensee's permitted employees entering in or parking on Licensoe's properly. Licensee, within fifteen (15) days of Licensor's date of reduest to such ei:fect, shall provide Licensor with a copy of Licensee's general liability insurance and therein confirm Licensor has been nanie:d as an additional insured on Licensee's applicable liability policy. This Lice~ise is assignable only with the specific written consent of Licensor ar.~d neither this Agreement nor any rrrenagrandum thereof shall be recorded by either party. If Licensee or any permitted employee fails to perform any of the o''~ligat:ions or duties ,ice, required under this Agreement: or otherwise are in default or breach hereof, or if a dispute arises between the parties or an employee, concerning the performance, meaning or interpretation. of any provision of this Aree:ment, then the defaulting party or the party not prevailing; in such dispute, .,,~~ disagreement or action, as the case: may be, shall pay any and all costs and expenses incurred by the other party in enforcing or establishing the applicable rights or duties hereunder, includi:n~, without limitation, attorneys' and paralegal. fees. The obligation to pay for such costs and expenses shall be binding regardle°ss of whether incurred before, during or after arbitration, whether suit is brought, and regardless of whether incurred. before, during or after any notice of claim, arbitration, mediation, triad, appellate or Banl:ruptc_y proceedings. Any dispute arising under or related to this Agreement shall be resolved exclusively by arbitration, which shall be held in Jacksonville, Duval County, Florida. Such arbitration shall be conducted in accordance with the rules of the Florida Arbitration Code, and as allowc;d by law, judgement upon the award rendered shall be final and non-appealable and may be entered in and. enforced by any court having competent jurisdiction. IN `VITNESS WHEREOF, the p.u-ties executed this Agreement the day and year set forth respectively below. LICENSOR NBH Lind Trust By: Frank R. Keasler, Jr. Its: Tr see Date: ~ ~G 9 ____ LICENSEE Witness as to Licensee Big River Breweries, Inc. By: Thomas Imo. Morton Its: Manager Date: Witness as to Licensee ', G:\K3333U 2\LICENSE\PKG LIC.R4G 2 Witness as to Licensor ~ ~, b~ .,~ ~`'~;"""'q~oc _= SEAL ,- ®~ ~~ ~® ~ ~ h 'i. - May 20, 1998 Mr. John A. Leanard Big River Breweries, Inc. 100 East 10'h Street, Suite 600 Chattanooga, Terulessee 37402 Re: Request for Temporary Usage Dear Mr. Leonard: The City Council has approved your request for temporary usage of the sidewalk at 222 Broad Street for placing a. few tables and chairs thereon without causing iinconvenience to sidewalk pedestrians,~subject to certain conditions. Encloseci is a copy of Resolution No. 21789 for your records. Please note the conditions to this usage that are contained in the Resolution. Also enclosed is a copy of the Indemnification. Agreement. If we may be of further service, please let us know. Sincerely, ~ ~ C . D. Wilkinson, r., P.E. City Engineer JDW: ch Enclosures 2 Department of Public Works Suite 210, City Hall 37402 • (423) 757-5110 Fax: (423) 757-0586 M,w., RE:~OLUTION N0. 21789 A RE;SOLU`I'ION AUTHORIZING BIG RIVER BREWERIES, INC. TO USE TEMPORARILY THE SIDEWALK AT 222 BROAD STREET FOR PLACING A FEW TABLES AND CHAIRS THEREOi.V WITHOUT CAUSING INCONVENIENCE TO SIDEWALK PEI:UESTRIANS, SUBJECT TO CERTAIN CONDITIONS. BE :IT RESOLVEI) Bar THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, ghat Big River Breweries, I:nc. (her.einafter• referred to as "Temporary User") be and is hereby permitted to L:se tempoz-arily the sidewalk at 222 Broao: Stz-eet for planing a few tables and chairs thereon without causing inconvenience to sidewalk: pedestrians; ,,,,,. BE I:7' :FURTHEF; RESOLVED, that said temporary usage shall be subject to the follows.ng conditions: 1. Temporary User shall execute the Indemnification Agreement attached hereto in favor of the City of Chattanooga, its officers, a<xerits and ernployees for any and all claims for damages for injuries to persons or property related to or ar':sind aut of the temporary usage. 2. Temporary User agrees to vacate the property and temporary use upon rea:~onable notice from the City to do so. 3. Temporary User shall provide adequate access for maintenance oi_ any utilities located within the easement. ~~~- 4. Temporary User. shall have obtained approval. of the City Engineer and City Traffic Engineer. prior to the commencement of construction. ADOPTED: May 1'? 1998 :cjc ~~.~~ - 2 - i~/ :INDEMNIFICATION AGREEMENT This Indemnif:icat:ion Agreement is entered intro by and bE:tween THE C:I't'X O:E' CHA.TTANOOGA, TENNESSEE (hereinafter the "City") , and F3IG RIVER BF;EWERIES, INC. (hereinafter 'Temporary User") , this ~~~__ day of _ May 1998 . For a:nd in consideration of the granting of the temporary u:~~~ of the sidewalk at 222 Broad Street for placing a few tables and chairs thE:reon without causing inconvenience to sidewalk pedestrians, and for other good and valuable consideratian, the :re:ceipt of which is hereby ack~.-~owledged, Temporary User agrees as follows: 1. TE=~rnporary User will defend, indemnify, and hold y~~ harmless the Cityi~of Chattanooga, Tennessee, its officers, agents a:nd employef=_s from ar..y and all claims for damages for Injuries to persons or property related to or arising out of t:he afore- mentioned tempozary izse, :subject to the terms and limitations o.f the Tennessee Claims Commission Act, T.C.A. §§ 9-8-301, ~=t sf=_q. 2. Temporary User will vacate the property and temporary use upon reasonable notice from the City to do so; the parties hereto agree that "reasonable notice" shal:L be deemed to be thirty (3d) days. Temporary User will restore the property to its original condition when it is returned to the City. - 3 - ~ • J ~~ °•~- 3. Temporary User will provide adequate acr_ess for maintenance oj_ a:ny util.it:ies located within the easement BIG RIVER BREWERIES, INC. . `_`~ t ~ _~ L - ~ . ~ ~~~ Daty~ ~ ~~ ' / CITY OF CHATTANOOGA, TENNESSEE Date J I S'EY, May ~1~' - 4 -