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HomeMy WebLinkAbout1989-05-08 89-211 ORDER3N sit Introduced For O Rosanna ❑ First Reading page—of— Referral u pate 5-8-89 Item No. 8 . 1 fteMSubjom: Authorizing the City Manager to Enter Into Agreement wit The Whig s Courier Restaurant - Use of Portion of West Market Square Responsible pepartmene and Sale of Alcoholic Beverages Commentary: Stephen Johnson, The Whig 6 Courier Restaurant, wishes to renew the same agreement he had last year. - /YO/Ln1 /✓e ... 0. orpmommu Head Manager's Comments tory Aw uga Associated Information: BudpMApprovaL Legal Approval: -ciysoideor Introduced For O Rosanna ❑ First Reading page—of— Referral 89-2n Assigned to CounnJor u CITY OF BANGOR (TITLE.) (OT11erf ........... Jurtbn[iaiug the_City-Manager_to_Enter..lead Agreement pith.. The Whig d Courier Restaurant - Use of Portion of West Market Square and Sale of Alcoholic Beverages By the City Council Of City ofISamper: ORDERED, THAT the City Manager Is hereby authorized and directed, o behalf of the City of Sauget, to enter into on Agreement, In a form approved by the City Solicitor. with Stephen Johnson. Proprietor of The Whig A Courier Restaurant, providing for the aas of a pardon of West Market Square for the placement of outside eating tables and the sale of alcoholic beverages at said tables during the summer, 1989, subject to such conditions as may be Imposed by the Manager, Including, but not limited to, the fallowing: (I) Alcoholic beverages M11 he -served only during the hours the kitchen is open and meals are beingserved. (2) Alcoholic beverages will only be served during daylight hours. (3) Tables to which alcoholic beverages are to be served will be separated In a manner approved by the City Manage[ away from other areas occupied by the general public. Only specially -designated staff will serve alcoholic beverages at the tables. (6); Customers will not be permitted to transport drinks and may only be served at the designated tables. (5) Licensee shall provide such Insurance c erages as may be recommended by the Finance Director. a mai f Ue Pd� Basil O R D E R In Qty(bacil M§�B.lAU Title, I+a l AAkg tl city w ORa ...................................... INn #A®�aR vt3�'Re Wu4 � �at�laffit I(C...................................... geic Us ct'invm �vtnt :M�,t 31s�C'Rd 531L tf A1Riplic 6 Aeeigned to ..................... 6.......... Councilman MIS AGRE9nENT executed in duplicate this _ day of Nay, 1989, by am between the CITY OF BANCOR, acting by and through its City Forager under the authority established by Council Order No. , adopted on 1989, and STEPHEN JOHNSON as Whig d Courier, Inc. Restaurant of Bangor, Wades, In consideration of One Dollar ($1.00) am other valuable considerations, the receipt of which is hereby acknowledged-, the parties hereto agree as follows: WHEREAS, Stephen Johnson wishes to use s portion of Nest Farket Square on a temporary basis for purposes of providing outside eating tables for customers of Whig s Courier Restaurant; and WHEREAS, the City of Reopen has no objection to such use, subject to the terms and conditions contained herein, NOW, THEREFORE, it is agreed as follows: til Stephen Johnson, d/b/a Whig 5 Courier Restaurant, is hereby granted permission to occupy a portion of West Narket Square, the area is question being more particularly described On a plan attached hereto as Exhibit "A" for the sole purpose of providing outside tables for customers of Whig d Courier Restaurant for a term commencing on July 1, 1989 and expiring October 1, 1989. [21 In the exercise of the tights granted herein, Whig d Courier will not Interfere with the use and operation of West Worker Square as a public park. [3[ The rights granted herein shall be under the supervision and control of the Parts 6 Recreation Director. (a] In the event the City, in its sole discretion, determines that further use of the premises under this Agreement is not In the beat interests of the City of Bangor, the rights granted herein may be terminated upon twenty-four (24) hours" written notice to Stephen Johnson, which notice shall be valid upon delivery to Whig 6 Courier Restaurant, West Market Square, Bangor, Maine. (5) As a condition Of these tights, Stephen Johnson does hereby agree to Indemnify and hold the City of Bangor, Its inhabitants, officers and employees harmless from any and all liability to himself or third persons arising out of the use and occupancy of the premises and the exercise of the rights granted herein. [61 The rights granted herein shall not take effect until Stephen Johnson shall Elle with the Finance Director a Certificate of Insurance with a company authorised to do business in the State of Maine providing liability insurance coverage of at least Three Hundred Thousand Dollars ($300,000.00) with the City of Bangor as a named insured. X71 The sale of alcoholic beverages shall be subject to the following: (a) Alcoholic beverages will be served only during the hours the kitchen is open and meals are being served. (b) Alcoholic beverages will only be served during daylight boars. (c) Tables to which alcoholic beverages are t0 Be served will be separated in aapproved by the City Manager away from others occupied byby the general public. Only specially -designated staff will serve alcoholic beverages at the tables. (d) Customers will not be permitted to transport drinks and any only be served at the designated tables. IN WITNESS WHIRROy, the parties hereto have set their hands and seals the day and year first Written above. CITY OF BANGOR By Edgard A. Barrett, City Namger WHIG d COURIER. INC. RESTAURANT By witness Stephen Johnson, Proprietor