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LICENSE AND AGREEMENT FOR ENCROACHMENT ON PUBLIC RIGHT OF WAY THIS AGREEMEN T, made this 8th day of September , 1992 by and between the City of Moscow, a municipal corporation of the State of Idaho ("City") and Michael Curtis, doing business as the Corner Club, 202 North Main Street , Moscow, Idaho ("Licensee"): WITNESSETH: WHEREAS, the City has deemed it in the public interest to permit certain encroachments on public right-of-way for certain purposes, and that portions of the public right-of-way are not needed at all times for municipal purposes and may be put to beneficial uses without negative impact upon pedestrian or vehicular traffic; and, WHEREAS, the City deems it to be in the public interest to permit an encroachment by Licensee into the public right-of-way for the purpose of conducting business , to wit: a beer garden, on a limited basis; and, WHEREAS, the City has specifically found that the portion of the public right-of-way requested by Licensee for encroachment is not needed at the present time for municipal purposes and may be put to beneficial use by Licensee without negative impact to pedestrian and vehicular traffic; and, NOW THEREFORE, the City, in consideration of the premises herein contained, hereby grants Licensee the following limited license, subject to the terms, conditions and agreements herein set forth, as follows: 1. PREMISES AND TERM. The City sets aside for the use of the Licensee for the term commencing on the date of this Agreement and ending at the discretion of the City those certain parts of parcels of public right-of-way outlined in Exhibit "A attached hereto and incorporated herein by this reference; 2. USE. Licensee shall have the exclusive right and privilege to sell food and beverages on the described premises between the hour of 8:00 a.m. and 1:00 a.m. LICENSE AGREEMEN T MICHAE L CUR TIS DBA CORNER C LUB PAGE 1 ---PAGE BREAK--- 3. CLEANLINESS. Licensee agrees that said premises and equipment thereon shall be kept in good repair and in a neat, safe and sanitary condition and that the premises shall be utilized in a manner so as not to endanger the safety or property of others. 4. SURRENDER OF PREMISES. Licensee agrees that the City shall have the unqualified right to revoke this license and demand that Licensee return the premises to its previous condition. Licensee agrees to hold the City harmless for causes of action or damages of any kind occasioned by the City's action in revoking said license. 5. NOISE. Licensee agrees to limit the production, playing and generating of amplified sound to between the hours of 4:00p.m. and 1 1:00 p.m. Licensee agrees that this license shall in no way be construed or interpreted as a grant of permission to exceed the noise levels regulated by Moscow City Code Title 10, Chapter 1 1, or other valid ordinances of the City or State or Federal laws. 6. LANDSCAPING. Licensee, as a condition of this license, shall construct a fence , six feet in height, which shall be constructed in a manner which shall restrict the view from within and without the licensed premises. Said fence shall be permanent for the duration of this license, and shall be constructed according to specifications contained in Exhibit attached. Landscaping shall be maintained as specified in Exhibit attached, and shall meet all City of Moscow Zoning regulations. Said landscaping shall consist of the following: A buffer strip should be provided, at least thirty-six inches (36") in width, between the sidewalk and the fence for the purpose of buffering the fence from public view. The buffer should be planted and maintained with shrubs a minimum of two feet ( in height when planted and with a maximum spacing of four feet ( or by such other arrangement of landscaping that the owner can demonstrate will provide similar buffering. Said landscaping shall be maintained in good repair for the duration of this license. 7. LIMITATION OF RIGHT. This license and the rights and privileges accruing to Licensee therefrom, shall not be construed to grant Licensee a property right, easement or other interest in the public right-of-way, but shall only act as a revocable license for the use thereof. The City also retains the right to enter upon the premises described herein for the purposes of inspection of said premises. 8. HOLD HARMLESS AND INDEMNIFICATION. Licensee agrees to hold the City harmless and indemnify the City for any and all causes of action or damages resulting from Licensee's use of the premises described herein. Licensee agrees that he shall have premises liability insurance in force for the duration of this license, which liability insurance shall include the premises described herein. The Licensee shall be responsible to the City for any costs of public improvements or maintenance of public improvements which are incurred as a result of Licensee's use of the described premises. LICENSE AGREEMENT MICHAEL CURTIS DBA CORNER CLUB PAGE 2 ---PAGE BREAK--- Executed this 8th day of September Michael Curtis DBA, Comer Club LICENSE AGREEMEN T MICHAEL CUR TIS DBA CORNER CLUB ' 1992. City of Moscow ATTEST: PAGE3 ---PAGE BREAK--- F h\ f. 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