Applicant Terms and Conditions for Outdoor Seating in Public Right-of-Way

1. Obligations of Applicant

a.       To submit a drawing to scale of existing building faced, points of ingress and egress, proposed location of tables, chairs, umbrellas and barriers:

• Provide copy of current commercial general liability insurance certificate listing Louisville Jefferson County Metro Government as additional insured;

• No less than 5' in width for sidewalk pedestrian traffic in a continuous path, more footage may be required for high traffic pedestrian areas. All items must be contained within the confines of the width of the building not any closer than 6' from the curb;

• Design, material and colors used for tables and chairs should complement the architectural styles and colors of the building facade and any street furniture and shall be of sturdy construction and made of good quality materials. In some locations, bistro style tables (30" square or round) may be required.

• No umbrellas may be permitted unless they are a minimum of 7' above the sidewalk

• Business must remove any and all debris and maintain their frontage

• If alcohol is sold or consumed, area must be enclosed by barrier.  Height of barrier to be no more than 3'6" and shall be able to withstand inclement weather and be removable. Barriers to be designed in sectional in nature and easily removed

• Outside the Central Business District (CBD) there shall be no music or audio system piped outside after 11:00 pm

• All furnishings must be removed from sidewalk or right-of-way from 11/15 through 3/15, however, can be placed outside in periods of unseasonably warm weather

• Must renew application within 30 days prior to expiration of existing permit (12/31).  If permit is not renewed, location will be inspected and if found in violation without a "renewed" permit, business will be fined accordingly

• Louisville Metro Public Works Decal MUST BE VISIBLY DISPLAYED ON STOREFRONT WINDOW and a copy of the permit MUST BE on file at business location at all times

• per Ordinance # 112.01, there is to be no advertising in the public right-of-way

b.  Applicant shall maintain the street furniture to the satisfaction of Public Works, at its sole expense and at no cost to Public Works.

2.  Street Furniture Criteria: The placement and design of the street furniture will be subject to the review and approval of the Permit governed by the Street Furniture Ordinance.

Applicant shall be responsible for all costs associated with the removal and disposal of existing street furniture elements. All costs of restoring the site following removal of the street furniture elements shall be borne by the Applicant.

Public Works reserves the right to revoke any outdoor seating permit issued and has the authority to remove any placed street furniture if it is deemed as a nuisance or is a safety threat to the public. Public Works is not to be responsible for compensation for any loss or damage claim as a result of any installation, and removal of street furniture.

3.  Period of Performance:  This Agreement shall begin upon execution, and shall continue during each calendar year (January through December). This Agreement shall not be modified except by the written agreement of all parties. No work may begin under this Agreement until all parties have signed it.

4.  Causes and Termination:  Public Works may terminate this contract and permit without cause after 30 days written notice or for cause immediately at any time.  If complaints are received for your outdoor seating, your permit may be/can be revoked.

5.  Conflict of Interest:  The parties certify, by the signatures of duly authorized representatives on this Agreement, that they are legally entitled to enter into this Agreement and that they shall not be violating, either directly or indirectly, any conflict of interest statute of the Commonwealth of Kentucky by the performance of this Agreement.

6.  Entire Agreement:  This Agreement is the entire agreement and understanding of the parties with respect to the subject matter set forth herein and this Agreement supersedes any and all prior and contemporaneous oral or written agreements or understandings between the parties relative thereto. No representation, promise, inducement, or statement of intention has been made by the parties that are not embodied in this Agreement.  This Agreement cannot be amended, modified, or supplemented in any respect except relative thereto.

7.  Successors:  This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

8.  Severability:  If any court of competent jurisdiction holds any provision of this Agreement unenforceable, such provision shall be modified to the extent required to make it for enforceable, consistent with the spirit and intent of this Agreement.  If such a provision cannot be so modified, the provision shall be deemed separable from the remaining provisions of this Agreement and shall not affect any other provision hereunder.

9.  Counterparts:  This Agreement may be executed in counterparts, in which case each executed counterpart shall be deemed original and all executed counterparts shall constitute one and the same instrument.

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