ࡱ> NPM!` [5bjbj\\ .F>>5-%        8 $ & & "H H H H H H 1333333$hhjW H H W  H H l---p H H 1-1--:!,  H  нlK ]M 10WR: : : H V-VH H H WWXH H H           THIS LICENSE AGREEMENT made and entered into this ______ day of July, 2006 by and among the City of Hampton, Virginia, a Municipal Corporation organized and existing under the laws of the Commonwealth of Virginia, having its principal office at City Hall, 22 Lincoln Street, Hampton, Virginia, 23669, hereinafter referred to as Licensor, 6 E. Mellen Associates, LLC, a limited liability company having its principal office at 11740 Main Street, Fredericksburg, Virginia 22408, hereinafter referred to as Mellen, and Little Bar Bistro, LLC, a limited liability company having its principal office at 6 E. Mellen Street, hereinafter referred to as Bistro. Mellen and Bistro are collectively referred to as Licensees. WHEREAS, Mellen owns a parcel of land located at 6 East Mellen Street in the City of Hampton; and WHEREAS, Bistro leases the premises at 6 East Mellen from Mellen; and WHEREAS, Bistro operates a restaurant at 6 East Mellen Street known as Six; and WHEREAS, Bistro desires to construct an awning over its entrance and a hang a sign on the front of the building, and the awning and the sign will encroach over the Citys right-of-way; and WHEREAS, the awning and the sign are referred to as Licensed Improvements; and WHEREAS, Licensees have requested that Licensor grant them permission to construct Licensed Improvements over the public right-of-way known as Mellen Street and that Licensor grant Licensees a license over that portion of the Mellen Street right-of-way where it will construct the Licensed Improvements. NOW, THEREFORE, in consideration of these covenants, the parties hereto agree as follows: 1. Licensor hereby grants to Licensees a license to install the Licensed Improvements over the public right-of-way known as Mellen Street in the location described in this paragraph. Said awning shall be located across the front of the building at 6 E. Mellen Street and the bottom of the awning shall be at least seven (7) feet, eleven (11) inches above the sidewalk. Said awning shall not exceed twenty-four (24) feet in length, nor shall it exceed four (4) feet, six (6) inches in height. The sign shall be located above the awning and the bottom of the sign shall be at least fifteen (15) feet above the sidewalk. The sign shall not exceed fifty-four (54) inches in height and shall not extend more than four (4) feet, six (6) inches from the building. 2. The license herein granted shall be for a period of five (5) years commencing on July 20, 2006 and terminating on July 19, 2011, unless otherwise terminated pursuant to this agreement. 3. Licensees shall construct the Licensed Improvements in accordance with and at the same location as shown on the attached drawings identified as Exhibit A, Exhibit B and Exhibit C. 4. Licensees shall obtain all required City permits prior to commencement of the construction of the Licensed Improvements. 5. Licensees shall not use the licensed area for any purpose other than the purposes set forth in this License Agreement. 6. Licensees may vacate or abandon the Licensed Improvements and any rights and obligations granted herein at any time upon 90 days written notice to Licensor, provided however Licensees shall comply with any reasonable conditions imposed by Licensor on said termination, including but not limited to removal of Licensed Improvements. The Director of Public Works is specifically delegated the responsibility to establish and enforce these conditions. 7. In the event the City shall reconstruct, widen, change or improve Mellen Street, and the construction, widening, changing or improving would necessitate the relocation of the Licensed Improvements, Licensees agree that upon receipt of written notice accompanied by plans for such work from the City Manager or his authorized agent, the Licensees shall, within a reasonable time and at the reasonable expense of the Licensees, relocate their facilities which are designated in such notice to be relocated in order to conform with the plans of the Licensor. The Licensor agrees to consider the grant to Licensees of a license in a reasonably convenient alternative location if the same be necessary for the relocation of Licensees facilities. 8. It is understood and agreed that the Licensees hereby assume the entire responsibility and liability for any and all damages to persons or property caused by or resulting from or arising out of any act or omission on the part of Licensees, their subcontractors, agents or employees under or in connection with this License Agreement or the performance or failure to perform any work required by this License Agreement. Licensees agree to indemnify and hold harmless the Licensor, and its agents, volunteers, servants, employees, and officials from and against any and all claims, losses, or expenses, including reasonable attorneys fees and litigation expenses suffered by any indemnified party or entity as a result of claims or suits, due to, arising out of or in connection with (a) any and all such damages, real or alleged, (b) the violation of any law applicable to this License Agreement, and (c) the performance of work by the Licensees or those for whom Licensees are legally liable. Upon written demand by the Licensor, Licensee shall assume and defend at Licensees sole expense any and all suits or defense of claims made against the Licensor, its agents, volunteers, servants, employees or officials. 9. Licensees acknowledge and accept any risk of damage to the Licensed Improvements located within the Licensors right-of way, which may be caused from the construction or maintenance activities of the Licensor in the vicinity of the licensed premises. Licensees shall not hold the Licensor liable for damage to the Licensed Improvements by Licensors contractors or by franchised utility companies. 10. Licensees shall maintain at their expense in effect throughout the term of the license, general liability insurance covering the Licensed Improvements in the amount of $1,000,000 (One Million Dollars) combined single limit. Such insurance shall be with a company satisfactory to the Licensor. Any deductible provision of said insurance shall be subject to the approval of the City Attorneys office. Such insurance shall specifically insure the Licensees against all liability assumed by them under the terms of this License as well as any liability imposed by law and shall insure both Licensor and Licensees but shall be so endorsed as to create the same liability on the part of the insurer as if separate policies had been written for Licensor and Licensee. Licensees shall provide Licensor with a Certificate of Insurance which names the Licensor as an additional insured and which is in a form satisfactory to the Licensor and the City Attorneys Office. Licensee shall provide Licensor the Insurance Certificate annually without demand. Each insurer mentioned in this section shall agree by endorsement on the policy or policies issued by it or by independent instrument furnished to Licensor that it will give Licensor at least 30 days written notice before the policy or policies in question shall be altered or cancelled. 11. Licensees may not sublet or assign the rights granted by this license without the prior written consent of Licensor. 12. All notices, demands, or other writings in this license required to be given or made or sent or which may be given or made or sent by either party hereto to the other shall be deemed to have been fully given or made when made or sent in writing and deposited in the United States mail via certified mail, return receipt requested and addressed to the following: City Attorney, City Hall, 22 Lincoln Street, Hampton, Virginia, 23669. To Licensees: 11740 Main Street, Fredericksburg, Virginia 22408. 13. Licensees shall pay all sums required to be paid by Licensees hereunder in the amount and at the times and in the manner herein provided and shall keep and perform all terms and conditions hereof on its part to be kept and performed and at the expiration or sooner termination of this license, peacefully and quietly surrender to the Licensor the rights subject to this license. Licensees shall remove Licensed Improvements at the written request of the City Manager to the Licensees after the termination or expiration of this license. In the event the Licensees have not removed the Licensed Improvements within 60 days of the date the City Manager mailed the written request to remove the Licensed Improvements the Licensed Improvements shall become the property of Licensor, with the Licensor reserving the right to remove the Licensed Improvements and the expense of said removal to be paid by Licensees. 14. The waiver by Licensor of or the failure of Licensor to take action with respect to any breach of any term, covenant or condition herein contained shall not be deemed a waiver of such term, covenant or condition herein contained. 15. The covenants and conditions herein contained shall, subject to the provisions as to assignment, transfer or subletting, apply to and bind the heirs, successors, executors, administrators, and assigns of all parties hereto; and all the parties hereunder shall be jointly and separately liable hereunder. 16. The license is revocable by the City Council upon giving the Licensees 60 days written notice of revocation, which right of revocation shall not be unreasonably exercised. 17. The City Council hereby delegates to the City Manager the right to revoke this license agreement for violation of paragraph 10 of this agreement. 18. The license is executed in the City of Hampton, a political subdivision of the Commonwealth of Virginia, and any and all questions with respect to any of the provisions herein shall be instituted, maintained, and contested in the Court of competent jurisdiction in the City of Hampton, Virginia. This license shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia. 19. This License Agreement contains the final and entire agreement between the parties hereto and contains all the terms and conditions agreed upon and no other agreements, or otherwise required in the subject matter of this license shall be deemed to exist or to bind the parties hereto. It being the intent of the parties that neither shall be bound by any terms, conditions, or other representations not herein written. IN WITNESS whereof, the City of Hampton, Virginia, a municipal corporation has caused its name to be signed hereto by its Mayor, Ross A. Kearney, II and its corporate seal to be affixed and attested by its Clerk, Katherine Glass, they having been duly authorized to do so at the meeting held on the 19th of July, 2006; and 6 E. Mellen Street Associates, LLC has caused the instrument to be signed by Robert Murray Glover, its Managing Member, who has been authorized to do so; and Little Bar Bistro, LLC, has caused the instrument to be signed by Christopher Robert Glover, its Managing Member, who has been authorized to do so. ________________________ Ross A. Kearney, II Mayor ________________________ Katherine Glass Clerk of Council 6 E. Mellen Street Associates, LLC By____/s/ Robert Murray Glover __ Robert Murray Glover Managing Member (Printed Name and Title) Little Bar Bistro, LLC By__/s/ Robert Murray Glover____ Robert Murray Glover Member/Vice President (Printed Name and Title)     PAGE  PAGE 1 9@AEGKR U  7 > ~ @ !mq#%"2ghYhhhzhnhhhh5hu7hNxih1xz5hNxihNxi5hNxihb.hhb.5h1xzL 6 } m G|mE$$&M*9+ $dha$gd$dh`a$gddhgd1xz55Z5 GJRTa  NO[|2Fgx"#$'yV]"\]x}mpxtuh}9hhhYhu7hlDhhnh1xzhb.W* l!m!""E$I$Q$R$$$^%`%%%&&&&&&&&&&&>(?(M(c((((())P)))*L*M*Q*9+=+m,q,,,"-&---O/S/Y/`/j///01$2(2+202<2^2m2222222373=3L3hNxihMhE%hYhlDhhh}9h1xzX9+m,"--O/0r3s333333344F4b4y4444$a$gd $^a$gd$dh^a$gd$dh`a$gdNxi$dh`a$gdL3N3U333333444*4C4E4M4a4b4y444444444455555658595;5<5>5?5A5B5H5I5J5L5M5S5T5U5V5W5Y5Z5[5ιhW +0JmHnHuh h0Jjh0JUhnpjhnpUh9ehNxihW +hW +>*hzhMh1xz444444545557585:5;5=5>5@5A5J5K5L5W5X5Y5Z5[5h]hgdz &`#$gdz$a$gd$^`a$gd,1h/ =!"#$% @@@ 1xzNormalCJ_HaJmH sH tH DA@D Default Paragraph FontRiR  Table Normal4 l4a (k(No List4 @4 1xzFooter  !.)@. 1xz Page Number[-F6}m G | mEM"9#m$"%%O'(r+s+++++++,,F,b,y,,,,,,,,-4-5-7-8-:-;-=->-@-A-J-K-L-W-X-Y-\-00000000000000000000000000000000000000000000000@000000@000@000@000@000@0@0@0@0@0@000 $$$'L3[5!9+4[5 "Z5  '!!uߚ5vߚewߚ\xߚ엾yߚ czߚ{ߚn|ߚ\u}ߚ~ߚ,gߚ$Pߚkߚ| hߚDgߚtߚ4ߚDmߚԂߚdߚߚ,yߚ аߚLݾߚ]))ff% & &&4'4'D'++\-     00xx%&#&#&@'L'L' , ,\-    > *urn:schemas-microsoft-com:office:smarttags PostalCode9 *urn:schemas-microsoft-com:office:smarttagsState8*urn:schemas-microsoft-com:office:smarttagsCity:*urn:schemas-microsoft-com:office:smarttagsStreet;*urn:schemas-microsoft-com:office:smarttagsaddress9*urn:schemas-microsoft-com:office:smarttagsplace=*urn:schemas-microsoft-com:office:smarttags PlaceType=*urn:schemas-microsoft-com:office:smarttags PlaceName  kqA*G*5-5-7-7-8-8-:-;-=->-@-A-Y-\- * N$$5-5-7-7-8-8-:-;-=->-@-A-Y-\-3333@E#"2   $'^`""$*(*+*0******L+N+U+++++++++++,,,E,M,x,,4-5-5-7-7-8-8-:-;-=->-@-A-I-L-V-\-5-5-7-7-8-8-:-;-=->-@-A-Y-\- k 2rk?->>^>`o() ^`hH.  L ^ `LhH.   ^ `hH. ~~^~`hH. NLN^N`LhH. ^`hH. ^`hH. L^`LhH.^`o(.   ^ `hH.  L ^ `LhH. xx^x`hH. HH^H`hH. L^`LhH. ^`hH. ^`hH. L^`LhH. krktݚ}        B>"        vh zW +j[+b#9}9lD`G9eNxiNTqu1xzjB{u7 nMYnp=E%T]~Uhb.@,,,,[-@UnknownGz Times New Roman5Symbol3& z Arial"1hmm 즆v&Rv&R!4d--2QHP ?1xz2License Agreementvrobbinsgmorgan  Oh+'0 $ D P \ ht|License Agreement vrobbins Normal.dotgmorgan2Microsoft Office Word@G@.k@֐aK@֐aKv&՜.+,0  hp  City, of Hampton, VAR- License Agreement Title  !"#%&'()*+-./0123456789:;<>?@ABCDFGHIJKLORoot Entry F mKQData $1Table,N WordDocument.FSummaryInformation(=DocumentSummaryInformation8ECompObjq  FMicrosoft Office Word Document MSWordDocWord.Document.89q