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1. Incorporation of Recitals. The above and foregoing Recitals are true and correct
<br /> and are incorporated herein and made a part of this Agreement for all purposes.
<br /> 2. Grant of license. The City does hereby grant to Owner a revocable license (a) to
<br /> place and locate within and upon the Encroachment Area a second-floor balcony and support
<br /> columns for such balcony that extend into the public sidewalk adjacent to the Property and(b)to
<br /> place and locate within the Encroachment Area tables,chairs,and other business personal property
<br /> that is customary and incidental to the operation of a retail business.
<br /> 3. The license hereby granted is subject to and shall be used by Owner in accordance with
<br /> the City Charter and with all applicable laws,rules,regulations,codes, policies, and standards of the
<br /> City and of any other governmental entity having jurisdiction over the public street,right-of-way,and
<br /> sidewalk (whether in effect on the Effective Date or adopted or enacted thereafter) ("Applicable
<br /> Law"),and with the terms and conditions of this Agreement.In no event shall Owner have the right to
<br /> use the Encroachment Area for any purpose other than as set forth in this Agreement,nor the right to
<br /> use any portion of the public sidewalk,right-of-way and/or street that is outside of the Encroachment
<br /> Area.
<br /> 4. Term.This Agreement shall be in effect for a period of fifteen(15)years from and
<br /> after the Effective Date, and shall thereafter automatically renew for successive one (1) year
<br /> renewal terms, subject,however,to the right termination by either party, as set forth in paragraph
<br /> 8 hereof.
<br /> 5. Non-exclusive license. The license granted by this Agreement is not exclusive,
<br /> and is subject and subordinate to: (a)the right of the City to use the Encroachment Area for any
<br /> purpose, including the right to make any repairs, modifications, or other changes to the
<br /> Encroachment Area; (b) any existing utility, drainage or communication facility located within,
<br /> on, under, over, or upon the Encroachment Area and/or West Main St.; (c) all vested rights
<br /> presently owned by any utility or communication company; (d) any existing license, lease,
<br /> easement, or other interest heretofore granted by the City; (e) the terms and conditions of this
<br /> License Agreement; and(f)Applicable Law.
<br /> 6. Use,operation,maintenance.
<br /> (a) All use, operation, and maintenance of the Encroachment Area under this
<br /> Agreement by Owner shall be conducted and performed in such a manner so as not to interfere
<br /> with the public use of any public sidewalk, right-of-way, or street or to create a dangerous
<br /> condition on any public sidewalk, right-of-way, or street (including West Main St.). The City's
<br /> approval of any use, operation or maintenance of the Encroachment Area by Owner shall not and
<br /> does not relieve Owner of all responsibility and liability for such use, operation and/or
<br /> maintenance.
<br /> (b) The use, operation, and maintenance of the Encroachment Area by Owner shall be
<br /> conducted and performed in a safe, clean, and neat manner, as determined by the City, and the
<br /> Encroachment Area shall be maintained by Owner in good condition,as determined by the City.Prior
<br /> to instituting any maintenance or work on or within the Encroachment Area, Owner(as required by
<br /> Applicable Law)shall secure from the City any necessary permits, including building and/or right-of-
<br /> way permits.The City shall be the sole judge of the quality ofthe maintenance,and upon written notice
<br /> Encroachment Agreement
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