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Home My Public Portal About2013_M034 McDowell's Brew Kitchen MOA COUNCIL MEETING July 23, 2013 MOTION 2013-034 To Allow the Mayor to execute the MOA upon the execution of the same by all parties conditioned upon the property owner complying with all local and state requirements and the terms set forth in the MOA 1 I Pa MEMORANDUM OF AGREEMENT USE OF TOWN SIDEWALK RIGHT OF WAY FOR THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES BY ADJACENT LICENSED ESTABLISHMENT �j , This Memorandum of Agreement("MOA")dated the c_./(1 day of .�'vi5 2013, by and between the Town of Leesburg,Virginia ("Town")and (CDC)coal Rau),t-4.7ir ("Licensed Establishment"),with an address of AO.- C3 Hz f,a's o i 5+ 5E- Gu-.beh , VA a.o�7 WHEREAS,the purpose of this MOA is to set forth ttfe rules and procedures regarding the distribution and consumption of alcoholic beverages in an outdoor area on public property("Designated Area") known as if `fGC.Cr lx 6tt to. and which borders Harrison and Royal Streets; NOW THEREFORE,the Town authorizes the Licensed Establishment to distribute alcoholic beverages in a Designated Area adjacent to Harrison and Royal Streets under the following mutually agreeable conditions: 1. Licensed Establishment shall obtain and abide by a permit from the Town Manager or designee to allow it to operate and encroach on the Designated Area; 2. Licensed Establishment is responsible to remove from Designated Area all alcoholic beverages upon the request of the Town Manager and/or his designee upon request. Failure to remove said beverages upon request will result in the immediate revocation of the aforementioned permit. 3. Licensed Establishment shall be licensed by the state alcoholic beverage control board to sell alcoholic beverages at retail for on-premises consumption; 4. Alcoholic beverages shall be offered and consumed only in areas licensed and designated by the state alcoholic beverage control board; 5. The Designated Area shall be adjacent to the property of an existing and lawfully operating licensed establishment and within ten(10)feet of the existing ingress and egress area of the establishment. Outdoor dining shall be under the responsible direction and control of such Licensed Establishment; 6. Licensed Establishment shall ensure that alcoholic beverages are not consumed by its patrons outside the designated area; 7. Licensed Establishment shall maintain the Designated Area and must keep the designated area in a clean and attractive condition and free from accumulation of liter,snow, ice and other similar matter; sand shall not be permitted to enter the Town's storm sewer system; 8. Hours of operation for the Designated Area shall not be limited except where the consumption of alcohol is concerned. Any alcohol consumption shall be limited to hours established by the Commonwealth of Virginia Alcohol Beverage Control regulations; 9. Licensed Establishment shall comply with all applicable town,state and federal laws and regulations. Failure to comply with any town,state or federal law or regulation may constitute a default under the terms of this MOA; 10. Licensed Establishment shall pay all taxes and fees due to the Town. Failure to pay Town taxes or fees may constitute a default under the terms of this MOA; 11. All furniture and fixtures place in the Designated Area shall be temporary and readily removable without any damage to the surface of the Designated Area; 12. All perimeter structures and material required by the state alcohol control board must be approved by the Town; 1 13. Licensed Establishment shall maintain and provide proof of liquor liability and general liability II insurance with limits of at least$2 million per occurrence for its operation within the Designated Area. Said liquor liability and general liability insurance shall name the Town as an additional insured. The required insurance must be acquired from an insurer authorized to do business in the Commonwealth of Virginia and acceptable to the Town; 14. Licensed Establishment agrees to indemnify,defend and hold harmless the Town and each of its employees, agents,officers,trustees and directors from and against all claims, losses,damages, suits,costs(including attorney's fees),arising out of or relating to any allegedly negligent or intentional act or omission of Licensed Establishment and its employees,agents, officers, trustees, and directors undertaken pursuant to this MOA, or any failure to perform any covenant of this MOA; 15. That the authorization granted by this MOA to encroach upon and utilize the Designated Area is neither intended to constitute nor shall it be deemed to be a waiver of sovereign immunity by or on behalf of the Town or any of its officers or employees; 16. This MOA shall be for a term of one (1)year from the date of the execution by the Town,but shall be evaluated by the Town after six(6) months of operation. Any and all extensions or amendments of this MOA shall be in writing and signed by the parties thereto; 17. In the event of the default of any of the provisions of this MOA,the Town upon ten(10)days advance written notice to the Licensed Establishment,may terminate this MOA without prejudice to any right or remedy to the Town; 18. This MOA shall be terminated whenever the Town desires to use the Designated Area for any purpose whatsoever and, by written notification,demands from the Licensed Establishment the removal of the encroachment. Said removal shall be completed by the date specified in the written notice and shall be accomplished by the Licensed Establishment without cost to the Town. If the Licensed Establishment shall fail or neglect to remove the encroachment within the time specified,the Town shall have the right to remove the encroachment,at the expense of the Licensed Establishment and shall not be liable to the Licensed Establishment for any loss or damage to the personal property within the Designated Area caused by the removal. This MOA may be suspended by the Town Manager for any purpose for a defined period of time. All other provisions not inconsistent with this provision shall remain if full force and effect. 19. Licensed Establishment shall pay a fee for the use of the 1680 square feet of public property in the amount of$1.00 per square foot,annually. Said fee shall be payable on or about August 1'` of each year and shall begin August 1,2013,or the date the Town executes this MOA whichever is later; 20. This MOA may be amended at any time by mutual consent of the parties, in writing; and 21. The persons whose signatures appear below are authorized to enter into this MOA. 22. The ABC License shall be attached to this MOA in order for the MOA to be valid. IN WITNESS WHEREOF,the parties herein have caused this document to be executed as of the date of the last signature shown below. i 2 TOWN OF LEESBURG,VIRGINIA David S. Butler, Vice Mayor Dated: 00/3 Council, Town of Leesburg LICENSED ESTABLISHMENT 14 it CleP, 9/WiL__/16,4+V1/41 t. By: / .---------�- Name: • 0/4 m/ r-500/t/c L— Title: in711664 Date: 7/241/3 3