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HomeMy WebLinkAbout1998-043RESOLUTION 98 - 43 APPROVING MUNICIPAL LICENSES FOR SIDEWALK USE FOR MARLENE'S DELI, STILLWATER GRILL, AND SAVORIES WHEREAS, a request has been received from Marlene's Deli, Stillwater Grill and Savories Restaurants for a license to use the sidewalk in front of their establishments to serve food; NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, hereby approves the issuance of a Municipal License for Sidewalk Use to Marlene's Deli, Stillwater Grill and Savories. Adopted by Council this 17th day of February, 1998. y Kimb e, Mayor Attest: Morli Weldon, City Clerk i~ _. t , MUNICIPAL LICENSE The City of Stillwater, a Home Rule City of the Third Class ("City"} hereby grants a license to Savories on the following terms and conditions: 1. The sidewalk that is subject to this license is an area described as follows: Sidewalk in front of business at 108 N. Main St. (Sidewalk). 2. Savories and its invitees are granted anon-exclusive right to use the Sidewalk including the right to place tables and chairs on the area of the sidewalk immediately adjacent to the owner's property. 3. The rights granted are non-exclusive and are subject to the superior right of the City who may, at any time, preempt any rights granted by this license for any public purpose. 4. The sidewalk must be used in a manner that will not, in the opinion of the police chief, block or impede pedestrian traffic. The area must be kept free of trash or garbage and regularly swept. Any equipment must be movable and taken inside if high winds or other bad weather threaten to blow the property about. The City reserves the right to require the property be taken inside at closing. 5. This license is granted on an "at will" basis with no assurances of renewal, and no vested rights of any sort may be obtained by use of the sidewalk hereunder. 6. The City reserves the right to impose additional conditions on this license, if needed, to protect the health, safety and welfare of the City. 7. This license will be in effect for the 1998 tourist season and will terminate, if not sooner by presumptive public use, on December 31, 1998. 8. In view of the uncertain term of the license and the limited rights granted, no license fee will be charged for the year 1998. 9. That the licensee must insure the property in an amount of at least six hundred thousand and no/100 dollars (5600,000.00) of combined limits and must name the City as an additional insured on the policy "as its interest might appear" and must provide the City with a Certificate of Insurance evidencing such coverage. 10. The licensee also agrees to indemnify and hold the City of Stillwater harmless from any claims, cause of action, suits or injuries that might arise or grow out of its use of the property and the exercise of its rights under this license. 11. This license is effective when accepted by Savories and evidence of insurance required by §7 is presented to the City. Approved by the City Council of the City of Stillwater this (7 ~ day of 1998. CITY OF STILLWATER '~ Jay or ATTEST: t-~ Morli ldon, Clerk ACCEPTANCE The terms of this license are accepted by the undersigned this day of _ , 1998. SAVORIES By Its ... - ~ ~. MUNICIPAL LICENSE The City of Stillwater, a Home Rule City of the Third Class ("City") hereby grants a license to Marlene's Deli on the following terms and conditions: 1. The sidewalk that is subject to this license is an area described as follows: Sidewalk in front of business at 224 E. Chesnut St. (Sidewalk}. 2. Marlene's Deli and its invitees are granted anon-exclusive right to use the Sidewalk including the right to place tables and chairs on the area of the sidewalk immediately adjacent to the owner's property. 3. The rights granted are non-exclusive and are subject to the superior right of the City who may, at any time, preempt any rights granted by this license for any public purpose. 4. The sidewalk must be used in a manner that will not, in the opinion of the police chief, block or impede pedestrian traffic. The area must be kept free of trash or garbage and regularly swept. Any equipment must be movable and taken inside if high winds or other bad weather threaten to blow the property about. The City reserves the right to require the property be taken inside at closing. 5. This license is granted on an "at will" basis with no assurances of renewal, and no vested rights of any sort may be obtained by use of the sidewalk hereunder. 6. The City reserves the right to impose additional conditions on this license, if needed, to protect the health, safety and welfare of the City. 7. This license will be in effect for the 1998 tourist season and will terminate, if not sooner by presumptive public use, on December 31, 1998. 8. In view of the uncertain term of the license and the limited rights granted, no license fee will be charged for the year 1998. 9. That the licensee must insure the property in an amount of at least six hundred thousand and no/100 dollars ($600,000.00) of combined limits and must name the City as an additional insured on the policy "as its interest might appear" and must provide the City with a Certificate of Insurance evidencing such coverage. 10. The licensee also agrees to indemnify and hold the City of Stillwater harmless from any claims, cause of action, suits or injuries that might arise or grow out of its use of the property and the exercise of its rights under this license. 11. This license is effective when accepted by Marlene's Deli and evidence of insurance required by §7 is presented to the City. Approved by the City Council of the City of Stillwater this / 7 ~' day of 1998. CITY OF STILLWATER Ja 1 , ayor ATTEST: Morli 'Veldon, Clerk ACCEPTANCE The terms of this license are accepted by the undersigned this day of 1998. MARLENE'S DELI BY. Its i ~1 10. The licensee also agrees to indemnify and hold the City of Stillwater harmless from any claims, cause of action, suits or injuries that might arise or grow out of its use of the property and the exercise of its rights under this license. 11. This license is effective when accepted by the Stillwater Grill and evidence of insurance required by §7 is presented to the City. Approved by the City Council of the City of Stillwater this 1 ~ ~' day of ~.~ , 1998. CITY OF STILL WATER J ~ b ,Mayor ATTEST: Morli eldon, Clerk ACCEPTANCE The terms of this license are accepted by the undersigned this day of _ , 1998. THE STILL WATER GRILL By Its