Exh 3AY
__ _ _ _ 3A -
P
g-~'1- 99
CITY OF ATLANTIC BEACH
CITY COMMISSION
STAFF REPORT
AGENDA ITEM: Requests from Ragtime
DATE: September 8, 1999
SUBMITTED BY: David E. Thompson, City Manager
BACKGROUND: This item was discussed at the August 23, 1999 City Commission
Meeting, and the City Manager was directed to meet with the
Mortons to discuss the matter further. On Wednesday, September
1, 1999 at 2:00 PM, the City Manager met with Tom and Bill
Morton.
The Mortons provided a signed agreement with Frank R. Kessler,
Jr. to provide Ragtime employees with a "nonperpetual, non-
exclusive and as-available access" to park at the parking lot in
Neptune Beach at the corner of 1st Street and Atlantic Blvd. This
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 owners to discuss
times for the sidewalk cafe style business to work out solutions to
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 concerns, 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 aUse-by-
Exception for additional seating without additional parking, and
the modification of the City Code to allow alcohol consumption on
City property. Other concerns expressed by staff can 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 contract for
Ragtime's use of the City Properly;
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 Development Board;
. and
4. Authorize the City Attorney to modify the existing
ordinance to allow the alcohol consumption
requested.
ATTACHMENT: 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 SY CITY MANAGER:
AGENDA ITEM NUMBER:
2. Approval of Minutes of Meeting on June 15, 1999
3. Recognition of Visitors
4. OLD BUSINESS
a. Application for Use-by-Exception filed by Assail Halleak to operate a retail
file and stone business 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 Use-by-Exception fined by Big River Breweries, Inc:/Ragtime
Tavern to allow cafe style sidewalk seating at property located at 207 Atlantic Boulevard;
5. _ DISCUSSION
a. Traffic Patterns in Old Atlantic Beach.
b. Continued Review of Zoning Ordinance.
6. ADJOURNMENT
If any person decides to appeal any decision made by the Community Development Board
at the above meeting, he wil{ need a record of the proceedings, and for such purpose, may
need to ensure that a verbatim record of the proceedings be made, which record shall
include the testimony and evidence upon. which appeal is to be based.
. MINUTES OF MEETING OF THE
COMMUNITY DEVELOPMENT BOARD .~
OF THE CITY OF ATLANTIC BEACH,. FLORIDA
.July 20, 1999
7:00 P.M.
CITY HALL
PRESENT
Don Wolfson .
Robert Frohwein
Sharefte Simpkins
Mary Walker
Pat Pilimore
Dezmond Waters
AND George Worley, 11, CD Director
Pat Harris
ABSENT Buzzy Grunthai
Chairman Don Wolfson called the meeting to order and asked for approval of the
minutes from the meeting of June 15,.1999. On motion made and secanded the minutes
were approved.
I. Application for Use-by-Exception filled by Assad Halleak to operate a retail
the and stone business at property owned by Bobby and Pauline Boeneke known as Part
of Castro Y. Ferrer Grant, Section 38, Township 2 South, Range 29 East and located on
Atlantic Boulevard.
Mr. Halleak introduced himself and explained that pursuant to concerns 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. He stated that
the tractor-trailer trucks delivering 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. Mrs. Pillmore
seconded the motion and it passed unanimously
• concerned with some legal issues that needed to be addressed before making a
recommendation.
Rona Brinley, owner of Book Mark, introduced herself and reiterated 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 observation 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 to 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 discussion, 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 review to the City
Commission since conditions could be placed on the use such as parking and wider
walkways as well as putting an ordinance in place to deal with the concept which P,tlantic
Beach is ideally suited for.
Mrs. Walker stated that she felt the street should be closed to traffic before granting
a use-by-exception. She stated that it would penalize the pedestrians. She suggested to
the applicant the idea of rooftop dining.
Mr. Morton stated that when they presented this idea they assumed there would be
issues to be addressed and felt confident they could make a valid attempt to come up with
solutions.
The Chairman 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
Commission and submit to them a proposed ordinance regarding outside dining. He
expressed concern 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 stated that the
agreement would follow the granting of ause-by-exception.
Mrs. Pillmore 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 ~ -
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 dike the .idea as a practical matter .but : -
recommends denial of the request but at the same time to encourage proceeding with an
ordinance.
The Chairman withdrew his motion with the preface that he likes the idea of cafe-
style sidewalk seating which would be compatible with the ambience of this particular
location but has concerns with the way the use-by-exception is designed and because of
certain constraints on this location. He moved that the application for use-by-exception
to the parking requirements at Ragtime Restaurant to allow cafe-style seating at the corner
of Atlantic Boulevard and Ocean Boulevard without providing additional parking spaces be
denied. Furthermore, his concerns raised by the neighboring business, specifically, Book
Mark, the design of the proposal regarding the hazards of limiting accessibility by
pedestrian and 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
needs to leave unimpeded the bricks with citizens names located on the. sidewalk.
-~ Mr. Jensen stated 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 limited, isolated instance. He stated that the resolution which
is basically an agreement between the city and the applicant. He stated that the matter on
the agenda for this meeting is strictly ause-by-exception for parking and additional tables.
He stated the applicant would have to go to the City Commission any way to seek
permission to use publicly awned 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 Commission that the use-by-exception to the parking requirements
far Ragtime Restaurant to allow cafie-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 like the information regarding possible planning
and coordinating with Town Center attached to the recommendation to the City
Commission.
Mr. Waters 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 that~the owner
could place 32 seats and some tables outside on his property and serve lunch and dinner
without the use-by=exception.
Mr. Frohwein stated he opposed the motion as made.
Mr. Jensen stated that he thought it advisable for the City Commission to consider
the use-by-exception and resolution or agreement at the same time.
The applicant expressed his concern that the City Commission would not hear the
positive suggestions made at this meeting. He stated he would fee! more comfortable
having a positive recommendation from this board an not }ust a recommendation for denial
of the requested use-by-exception.
Mr. Waters stated that he did not understand why the applicant could not go straight
to the City Commission 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 ofi the use-be-exception with Nir. Frohwein and Mr.
Waters opposed.
-- The Chairman explained to the applicant that he could viithdraw 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 concept at that meeting.
Mr. Waters questioned whether the board could grant an exception for parking fior
one year only.
The Chairman read Section 24-63(6) which states that the City Commission may
as a condition to the granting . of an application for permit impose such 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 appropriate.
After discussion; Mrs. Pillmore moved to calf the vote of the motion. Thereupon, the
board voted to pass the motion to recommend denial and the motion carried by a vote of
4 - 2 with Mr. Frohwein and Mr. Waters dissenting:
- - ~ --
. • a. Traffic Patterns in Old Atlantic Beach (Q-~~ ~~~~
Mr. Worley stated that the board was furnished copies of the straffic study by the -
City which addressed 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 photographs from the traffics#udy if anyone needed to see them.
Mrs. Pillmore 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 haveseen the report suggest possible changes and solutions that
the City needs to work out. She stated she felt that there are solutions and they should be
tested, specifically, one-way streets.
Mr. Frohwein suggested that slowing 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 staff and other board
members. He stated that this is the third time this board has discussed traffic flow and no
recommendatrons have been made.
~~ Mr. Worley 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 Beach Avenue because there are so many pedestrians.
Mr. Wolfson 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 Community Center was
an excellent idea.
Mr. Wolfson 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 consensus of the board
was to conduct a survey to ascertain various problems and possible solutions
Mr. Frohwein stated that the survey should address which areas want traffic,.. - -
calming. _ -
a. Continued Review of Zon~n Ordinance -
g ~~
:_: _
__
. • ~ .The board agreed to meet at 6:00 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 upon their 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 reported that Mr. Grunthal has asked that he be replaced and asked
the members for any recommendations they may have.
The Chairman requested staff place on the agenda for the next meeting a
discussion of a special zoning district which addresses cafe style seating, parking etc.
The Chairman reported that due to a lack of communication with JTA ruled out
potential designs 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 shared with the members an account of various meetings and
discussions with JTA and their proposals regarding mass transit, bus station location and
a trolley for Town Center, Mayport and.the Beaches.
There being no further business to come before the board the meeting was
adjourned.
SIGNED
ATTEST
3uly 23, 1999
City Commission , - . -
City of Atlantic Beach ~ -
Commissioners: ~ ~ - " ' ~,
This is a request to allow temporary usage of a portion~Of the sidewalk affronting Ragtime
Tavern, located at 207 Atlantic Blvd., Atlantic Beach FL. The reasons for this request are
as follows:
To permit Ragtime to place tables and chairs in this area for the purpose of providing food
and beverage sen~ce to restaurant patrons. Please note: the location and exact ,
configuration of tables is flexible, and can be adjusted to address any concerns that may
• arise in the commissions' consideration of this request. Those concerns may include, but .
are not limited to: {1) providing safe and adequate public access over the existing
sidewalk, {2) minimizing any negative impact on neighboring businesses, {3} limiting hours
of operation far the use of this area, (~) considering design elements that compliment and
enhance the existing Toz=m Center redevelopernent project,( i.e.: umbrella colors, plant and
railing dividers to define usable area, etc.}. ~ .
in making this request, it is agreed: '
1. Ta defend, indemnify, and hold~har mless the City of Atlantic Beach; its officers, agefits, .
and employees from any and all claims for damages for injuries to persons or property - .
related to or arising out ofthe temporary use. _ - ~ -
2. To vacate the property and terriporary use upon reasonable notice from the pity to do
_ ..
so.
3. To address and incorporate any restrictions or requirements requested by the City
Commission prior to occupying the designated area. -
We ~vould like to request that this matter be considered in_ conjunction yvith thy - ~ . - -
Commissions ieview of our application fora "tJse by Exception" to the parking' ,
requirements, that was heard before thy .Community TJeve~opemei~t Board ion July.. : - ~ .
20,1999. We additionally would like to request that both ofthese matters be achedul~d~or ~.: __
your agenda no earlier than the August 23,1999 City Commission Me.°tirig: ~,
C.~.~ , -
S1nCere7y,
Bill Morton .. ~ .
7~ '
~~
Tom Morton ~ _ = :
For Ragtime Tavern anc~ .dig River Breweries, Lac.
Plrase TYPe or Print in Ink
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• APPLICATION F[lR "USE HY EHCEPTION" ,' ~^~'' ~.~ ~~ ~" r'1 ?f a
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Date Filedl_~~Ut 99 _vl~li~ _ -
~----------------- - i 797
Name and AddroeQ of Owner or Tenant in Possession of Pren+iersr. C~t~ °~ At1.an~6c Qe
i ~tC~ R.i~'...1; tSR-~wEfitcs ~ at.liil~l,l~.: ~r ~~ ln~t7
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~>7tJ ~ 'ate F'Z~R-~t/ fl~a1C~MJ/L~.1 liomei 333 _~~~ ---
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Straet address and legal dtanription of th+r prem3sas sa to which thv 'Use
by Exception' is requfrted~
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-- ---- -- --- ----~- °~--mss _! _`~ _-
A dQacription of thv "Use by Exception" dBaired, xhich shall i~pelci#icelly
mnd particularly deaorlb. the type, charaoter mnd extent of the proposred
"Use by Exc4pt,ion•t
e e ~~s-~P~~ tt7 a1~ow c4~t
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Se.u'~t~ fran~tin ~Sllah'~(G ~Ivd. ~ __`------------ ---------------------
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Speoi.fia rrseone why the applioant iesle the rrquest should be granteds
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2oninp C1ASiitiootion~ C.~Z;_______
Signature ot-++pplicant/appliosnt's
authorized egret or wttorney. I~
agent or attorney, inoludo I4tter
irOD+ applioant to that afieot..
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Signs ur of o - --~------__--------
nar of ttie property.
Appliaati o nnot. be procrased
without oansra aign~oturr.
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~xttnxsas of ~~cr - - •
• - :.~ _ . .
1. Ingr.-ww and agrees to prapwrty wnd prapowi~d~ Y8s 8i0
wtruoturww i^ adequate. Partiauiar rerieerwnaer iw
suds to autoeaotivw and padewtrian safw~.y itsd '
oonvenienctr, traiiia S2oa wnd oantrak and acawwR '
3n aaae- of aet:wtrophw; _-^ ---
~ 2. OtS-tetra-st parking wnd loading iee wdaquatw.
Particuiar attention is paid to the itw~aw ire 1.
~eabavr~ and th* woanowia, rsoiws, giaree rind odor
eSteatw of th• apeaiai wstaespti.ar~ on asdjoitsing
propertiew and pre~psrtiew! gsnwraliy in the-
dirtriat;
3. Laastianw of raaZuws and werviae arsaw ara
co~upatiGls rith murraundin® popsztiew atsd ears
sawily aaaww~eibla. _ ^~_ _4- .
4. Locatianw, esvailsbility and oowrpeot~.bility of
utilitiew are adequatw. ~_~ `~_
S. Type, diwenwionw and ohwrwatwr of arareenitsg
and bu:~twrinq are adequate. _-, .._-
6. Signs ^nd prapoeesd •sttesriar 1Sphtinq, with
rsterenae to plrre wnd traStia watety, arw in
har~sony and ors aaeapatible aids other prppsrtiaa
in tho` cfiatriot.
7. Required yardw wnd other open wpaoww ara •
adequate. _-_ ___
e. The uwe iw panwratiy aatwpatibie- with ad~aas-nt
properties and other proparty 3n thw diwtxitst. ___ ___
CO!!?tUNITY UEYELQPt{E?9'f P~QARD RBPORT A'rtD ~SC035tl~SiDATI01tSe
April 22, 1999
Mr. David Thompson
Gity Manager
City of Atlantic Beach
Dear Chief Thompson:
Thank you for taking the time to research and discuss our idea of adding sidewalk cafe style
seating at Ragtime. At this tune I am requesting consideration of this idea by the City of
Atlantic Beach. Sidewalk cafes are a desirable and integral component of the ambiance of
cities large and small all over the world. I have enclosed same materials, which ilhis~ale a
similar situation worlced out by Big River Breweries and the City of Chattanooga, Tennessee.
As you may know, Big River is the pamrrt comp to Ragtime Tavern since Jarmary 1998.
?o my mind the key to this arrangement is the granting of temporary and pmvisionaI use of
the sidewalk to Big Riv-cr t1y the City. This allows the city m terminate the pemrission at any
time with reasonable notice. Furthermore, the sidewalk seating and service areas are
implemented without arty pcrrnancnt fixtures.
-- As we disctusec), the addition of sidewalk seating would be an enhaztcement to the Town
Center area For more tirar~ fifteen pears Ragtime has been inshurnerrtal in enhancing both the
quality of life and environment in our community, and we feel this project would be an
appropriate addition in those areas. After revieazng this irrfarrnation please contact me at
Your convenience so we may determine how to take the next step. Thanks again for yaur
consideration on this matter.
Sincerely,
' i ~^~, ~ ~~Y~- it~T~----
Tom Morton
For Ragtime Tavern and Big River Breweries, Inc.
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NON-EXCLUSIVE PARKING LICENSING AGREEMENT
THIS LICENSING AGREEMENT effective this day of August, 1999, between
Frank R. KeasIer, Jr., as Trustee to the NBH Land Trust, a Florida Trust Entity organized tinder
Chapter b89.071, Florida Statutes, t~/a/d July 11, 1997("Licensor"), with full power and authority
to protect, conserve, sell, lease, encumber or otherwise manage and dispose of the real property
described as on Exhibit "A" attached hereto, and whose address is c/o Henderson Keasler Law
Firm, 4337 Pablo Oaks Court, Suite 102, Jacksonville, Florida 32224, and Big River Breweries,
Inc. ("Licensee"), a Florida corporation whose address is 100 E. 10th St., Chattanooga, TN 37402.
In receipt of Ten Dollars ($10.00) and other good and valuable consideration Licensor hereby
grants to Licensee and Licensee's employees a nonperpetual, non-exclusive and as-available access
to fifteen (15) of the fifty-two (52) parking spaces, as designated from time to time during the Term
of this Agreement by Licensor, in the parking lot on a certain tract of land owned by Licensor as
described snore particularly as Exlribit "A"attached hereto and by this reference incorporated herein.
During special events and holidays, any person parking on Licensor's property pursuant to this
Agreement maybe subject to all parking charges, if any, assessed by Licensor. Licensee's use under
this Agreement shall be exclusively for the Licensee's employees. The license granted herein
permits the limited and qualified use of such designated fifteen (15) parking spaces during the Term
of this Agreement or until Licensor gives notice to Licensee terminating this Agreement.
The licensed permissible use of the property described in Exhibit A is given to Licensee for
a period of one (1) year (the "Term"). Such term shall renew automatically unless Licensor or
Licensee gives thirty (30) days' 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 under this Agreement. Licensee will exercise the privilege granted 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 stich 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,
the exercise of the privilege by Licensee or by Licensee's permitted employees entering in or parking
on Licensor's property. Licensee, within fifteen (15) days of Licensor's date of request to such
effect, shall provide Licensor with a copy of Licensee's general liability insurance and therein
confirm Licensor has been named as an additional insured on Licensee's applicable liability policy.
This License is assignable only with the specific written consent of Licensor and neither this
Agreement nor any memorandum thereof shall be recorded by either party.
If Licensee or any permitted employee fails to perform any of the obligations or duties
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 Agreement, then the defaulting party or the party not prevailing in such dispute,
disagreement or action, as the case maybe, shall pay any and all costs and expenses incurred by the
other party in enforcing or establishing the applicable rights or duties hereunder, including, without
limitation, attorneys' and paralegal fees. The obligation to pay for such costs and expenses shall be
binding regardless 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,
trial, appellate or Bankruptcy 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 allowed 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 WITNESS tiVHEREOF, the parties executed this Agreement the day and year set forth.
respectively below.
LICENSOR
NBH Land Trust
By: Frank R. Keasler, Jr.
Its: Tr see
Date: ~ / G ~9~
LICENSEE
Witness as to Licensee Big River Breweries, Inc.
By: Thomas K. Morton
Its: Manager
Date:
Witness as to Licensee ,
G:\K3333\ 12\L.[CENSEIPKGLIC.RAG
2
Witness as to Licensor
c`~ :~~~ 4~oc
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~, TE.~
May 20, 1998
~1, b.
oogea
Mr. John A. Leonard
Big River Breweries, Inc.
100 East 10~' Street, Suite 600
Chattanooga, Tennessee 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 inconvenience to
sidewalk pedestrians, subject to certain conditions.
Enclosed is a copy of Resolution No. 2i 789 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,
( ,
. D. Wilkinson, r., P.E.
City Engineer
3DW:ch
Enclosures 2
Department of Public Works
Suite 210, City Hall 37402 • (423) 757-5110
Fax: (423) 757-0586
~,~~
RESOLUTION NO.
21789
A RESOLUTION AUTHORIZING BIG RIVER BREWERIES,.
INC. TO USE TEMPORARILY THE SIDEWALK AT 222
BROAD STREET FOR PLACING A' FEW TABLES AND
CHAIRS THEREON WITHOUT CAUSING INCONVENIENCE TO
SIDEWALK PEDESTRIANS, SUBJECT TO CERTAIN
CONDITIONS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CHATTANOOGA, TENNESSEE, that Big River Breweries, Inc.
(hereinafter referred. to as "Temporary User") be and is hereby
permitted to use temporarily the sidewalk at 222 Broad Street for
placing a few tables and chairs thereon without causing
inconvenience to sidewalk pedestrians;
BE IT FURTHER RESOLVED, that said temporary usage shall
be subject to the following conditions:
I. Temporary User shall execute the Indemnification
Agreement attached hereto in favor of the City of Chattanooga, its
officers, agents and employees for any and all claims for damages
for injuries to persons or property related to or arising out of
the temporary, usage.
2. Temporary User agrees to vacate the property and
temporary use upon reasonable notice from the City to do so.
3. Temporary .User shall provide adequate access for
maintenance of 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 I2 1998
:cjc
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INDEMNIFICATION AGREEMENT
This Indemnification Agreement is entered into by and
between THE CITY OF CHATTANOOGA, TENNESSEE (hereinafter the
"City"), and BIG RIVER BREWERIES, INC. (hereinafter "Temporary
User"), this ~~ day of May. , 1998.
For and in consideration of the granting of the
temporary use of the sidewalk at 222 Broad Street for placing a
few tables and chairs thereon without causing inconvenience to
sidewalk pedestrians, and for other good and valuable
consideration, the receipt of which is hereby acknowledged,
Temporary User agrees as follows:
J.. Temporary User will defend, indemnify, and hold.
harmless the City of Chattanooga, Tennessee, its officers, agents
and employees from any and all claims for damages for ~.njuries to
persons or property related to or arising out of the afore-
mentioned temporary use, subject to the terms and limitations of
the Tennessee Claims Commission Act, T.C.A. §§ 9-8-301, et seq.
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" shall be deemed to
be thirty (30) days. Temporary User will restore the property to
its original condition when it is returned to the City.
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__
3. Temporary User will provide adequate access for
maintenance of any utilities located within the easement....
BIG RIVER BREWERIES, INC.
`,
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B Y : J :~~ ~ i _ ~ ~.._~
D_l/~~~-~ l~h'
Date
CITY OF CHATTANOOGA, TENNESSEE
{
BY:
J I Y, May
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C~~~ ~~~ ,~~~ RECD S ~ P - ~9
9 ~
299 Atlan#ic Boulevard
Atlantic Beach, FL 32233
904!241-9026
7 September 1999
Mr. Tom Morton
Ragtime Tavern
207 Atlantic Blvd.
Atlantic Beach, FL 32233
Dear Tom:
Following the commissioners' meeting last month, I thought I should
recap what I said about Ragtime's interest in providing outdoor seating.
This is basically a summary of our conversation of Wednesday,
28 July. As I reiterated during that meeting, I am leary about possible
impacts of this proposal, but I am also interested in being a good neighbor
and exploring mutually acceptable options.
The issues and agreements are summarized below:
1. Parking: If adding 32 outside seats is succcessful, there should be
more people looking for places to park. You stated that you cannot make
additional parking. However, we agreed there are ways to alleviate the
current stress. (a) Post a sign for the spaces west of the Tap Room
"Parking for The Book Mark, Bio-Max, and Stuart Ashby". I realize this is
public parking, but if the City will allow Ragtime to use the public
sidewalk for commercial purposes, surely they will agree to this arrangement
to protect the other businesses. (b) Clear spaces in the lot behind the
businesses by having Ragtime employees park elsewhere. The agreement with
the Sea Horse clearly addresses this concern.
2. Access: This is in fact my main concern. It is critical that
customers feel comfortable walking down the sidewalk past Ragtime to get to
The Book Mark. In this regard, we agreed: (a) No tables will be placed west
of the Tap Room. {b) Railings will be placed not only on the street side of
the tables, but on the sidewalk side as well. This will define the walkway.
There will be one opening opposite the middle door for service to these
tables. (c) No tables will be located adjacent to the building/under the
awning.
3. Clean-up: Since this arrangement has the potential to generate more
trash, Ragtime will be responsible for keeping the sidewalk clean.
4. Permit: During previous meetings, the possibility of a test period
12 months .was. discussed...-.This is too long; if there is a negative
impact, the .:situation needs to be rectified before 12 months. I suggest a
three month trial period, during the summer (specifically not during the
Christmas season). As we discussed, The Book Mark and Ragtime will meet
monthly to. assess the effects. While I hope to be able to say the .outdoor
seating is an asset or at least~o~~oo~tc~~~t~ee~dacP~f I do experience a drop in
business, Ragtime agrees to remove the tables immediately.
As we discussed, we are all in this together.- The success of Town
~~nter depends on cooperation and-commitment. I appreciate your willingness
~ work with The Book Mark on this new adventure.
I will not be able to attend the 13 September city commissioners'
meeting. The mystery writer Lawrence Block will be at the store that night
for a reading/signing. .Please keep me informed.
Sincerely,
~~ Rona S. Brinlee, Owner
" cf: Suzanne Shaughnessy
Mayor, Atlantic Beach