HomeMy WebLinkAbout2013-06-24 13-223 ORDERCOUNCIL ACTION
Item No. 13-223
Date: June 24, 2012
Item/Subject: ORDER, Authorizing License Agreement with Fandom Group LLC, d/b/a, Seasons on
Main, LLC
Responsible Department: Legal
Commentary: The City of Bangor allows for license agreements authorizing downtown restaurants to
provide outdoor seating within the right of way, on portions of City sidewalks, so long as pedestrian
movement is not obstructed. Seasons on Main, LLC located at 427 Main Street would like to enter into a
similar agreement with the City to provide outdoor seating for_ their patrons, but said restaurant is not
located in the downtown area. This agreement would be in,,' bother respects consistent with the City's
existing license agreements for downtown restaurants.
This Order, if approved, will authorize execution of an Agreement to allow Seasons on Main, LLC to
have outdoor seating at 427 Main Street.
This item was reviewed and recommended for approval by the Business and Economic Development
Committee at its June 18, 2013 meeting.
Manager's Comments:
Associated Information:
Budget Approval:
Legal Approval:
Introduced for
X Passage
First Reading
Referral
Department Head
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City Manager
Finance Director
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ity Solicitor
Page _of_
Assigned to Councilor Longo
CITY OF BANGOR
13-223
JUNE 249 2013
(TITLE.) ORDER, Authorizing License Agreement with Fandom Group LLC, d/b/a,
Seasons on Main, LLC
WHEREAS, pursuant to an existing Council policy, the City of Bangor allows for license
agreements authorizing downtown restaurants to provide outdoor seating within
the right of way, and
WHEREAS, these outdoor seating agreements generally allow seating on portions of City
sidewalks, so long as pedestrian movement is not obstructed and certain other
requirements are met; and
WHEREAS, Seasons on Main, LLC located at 427 Main Street would like to enter into a
similar agreement with the City to provide outdoor seating for their patrons, but
said restaurant is not located in the downtown area; and
WHEREAS, this agreement would be in other respects consistent with the City's existing
license agreements for downtown restaurants:
BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT
Catherine M. Conlow, City Manager, is hereby authorized on behalf of the City of Bangor to
enter into a License Agreement with Fandom Group LLC, d/b/a Seasons on Main, LLC
authorizing seating within the right of way and on a portion of the sidewalk. Said Agreement
shall be in substantially the same form as attached hereto, and in a final form as approved by
the City Solicitor or Assistant City Solicitor
IN CITY COUNCIL
June 24, 2013
a d
CITY CLERK
13-223
JUNE 24, 2013
LICENSE AGREEMENT
THIS AGREEMENT is executed this _th day of June, 2013, by and between the CITY OF
BANGOR and FANDOM GROUP LLC, d/b/a SEASONS ON MAIN LLC, 427 Main Street, Bangor, Maine
(hereinafter "licensee"), in consideration of One Dollar ($1.00) and other valuable consideration, the
receipt of which is hereby acknowledged, the parties hereto agree as follows:
WHEREAS, the Licensee wishes to use a portion of the sidewalk adjacent to 427 Main Street,
Bangor on a temporary basis for the purpose of providing outside tables for its customers; and
WHEREAS, the City of Bangor (City) has no objection to such use, subject to the terms and
conditions contained herein;
NOW, THEREFORE, it is agreed as follows:
1. Licensee is hereby granted permission to occupy a portion of the sidewalk adjacent to Seasons on
Main, 427 Main Street, Bangor, for the sole purpose of providing outside seating for its customers
for a term commencing on the date of execution of this Agreement and expiring October 15, 2013.
2. The sale and consumption of alcoholic beverages shall be restricted to the area designated under
the Licensee's state liquor license. Said sale and consumption shall be pursuant to the following
terms:
• No sale or consumption of alcohol after 12:00 a.m.;
• The area must be enclosed by fencing at least 36 inches in height;
• No direct access from or to the outside is allowed, except when a staff member is present or as
an emergency exit;
• A sign at outside access, facing the seating, stating "No alcohol beyond this point";
• Such other terms and conditions as are laid out by the Chief of Police.
3. Outside seating may consist only of chairs, tables, and, if applicable, fencing. All chairs, tables, and
fencing must be black in color, and must be approved by the Code Enforcement Officer. No logos or
signs are allowed, except as otherwise allowed under the Sign Code.
4. In the exercise of the rights granted herein, the Licensee will maintain an adequate unobstructed
travel isle for the use of the sidewalk for pedestrian traffic.
5. As a condition of these rights, the Licensee does hereby expressly agree to indemnify and hold the
City of Bangor, its inhabitants, officers and employees harmless from any and all liability to itself or
third persons arising out of the use and occupancy of the premises and the exercise of rights granted
herein. For this purpose, the Licensee hereby expressly waives any and all immunity it may have
under the Maine Workers' Compensation Act in regard to claims made or asserted against the City
by any agents, servants or employees of said Licensee, arising out of any exercise of the rights
granted herein. The indemnification provided under this paragraph shall extend to and include any
and all costs incurred by the City of Bangor to answer, investigate, defend and settle all such claims,
including but not limited to the City of Bangor's cost for attorney fees, expert or other witness fees,
13-223
JUNE 24, 2013
the cost of investigators, and payment in full of any and all judgments rendered in favor of any
person, including agents, servants or employees of said Licensee against the City in regard to claims
arising out of any exercise of the rights granted herein.
6. The rights granted herein are only in effect so long as the Licensee has on file with the Finance
Director of the City of Bangor a current, non -expired Certificate of Insurance with a company
authorized to do business in the State of Maine providing liability insurance coverage of at least Four
Hundred Thousand Dollars ($400,000.00) with the City of Bangor named as an additional insured.
7. The rights granted herein shall be under the supervision and control of the Code Enforcement
Officer and the Chief of Police. In the event that the City, in its sole discretion, determines that
further use of the premises under this Agreement is, not in the best interests of the City of Bangor,
the rights granted herein may be suspended or terminated upon twenty-four (24) hours' written
notice to the Licensee.
8. The Licensee shall not at any time assign, sell, convey or transfer this Agreement or any interest
therein.
9. All correspondence between the Licensee and the City of Bangor shall be sent to Code Enforcement
Officer, City of Bangor, 73 Harlow Street, Bangor, Maine, 04401, and Tom Workman, Seasons on
Main, 427 Main Street, Bangor, Maine 04401.
IN WITNESS THEREOF, the parties hereto have set their hands and seals the day and year first written
a bove.
Witness
Witness
CITY OF BANGOR
By: Catherine M. Conlow
Its: City Manager
By:
Its:
LICENSEE