HomeMy WebLinkAboutPetos License Agreement - PatioLICENSE AGREEMENT
This License Agreement (the "Agreement"), executed this ___ day of ______ 2023, by and
between the City of Carmel (the "City") and Patrica Alain Jesus Raphael (the 'Licensee"), WITNESSES:
RECITALS
WHEREAS, the Licensee is the owner and operator of that certain real estate located in the City, commonly
known as 15 W. Main Street, Carmel, Indiana (the "Real Estate"), along with the restaurant named Peto's
Authentic Greek Restaurant (the "Restaurant");
WHEREAS, the City owns a sidewalk immediately adjacent to the Restaurant that the Licensee wishes to use
as a patio seating area, which area is more particularly depicted and/or described on Exhibit A attached hereto and
incorporated herein (the "Patio Area"); and
WHEREAS, the City and the Licensee desire to enter into this Agreement.
AGREEMENT
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are acknowledged
hereby, the City and the Licensee agree as follows:
1.Grant. Subject to the terms and conditions of this Agreement, the City hereby grants to the Licensee a license (the
"License") to use the Patio Area on a non-exclusive basis. The Licensee shall not acquire any ownership or
possessory rights in the Patio Area except the ones outlined herein. The Licensee must also apply for and obtain
ADLS approval from the Plan Commission prior to occupying the Patio Area.
2.Term. The term of the License (the "Term") shall: (a) commence on the date hereof and (b) end on the date that is
one year thereafter, provided that the term shall be renewed for additional one-year periods unless: (a) either party
delivers to the other written notice of termination prior to the end of the then-current Term; or (b) the License
otherwise is terminated in accordance with the terms and conditions of this Agreement. Notwithstanding anything
stated to the contrary herein, if the Restaurant ceases operations on or in the Real Estate, then this Agreement and
the License immediately shall terminate.
3.Use. The City has granted the License for the sole purpose of allowing the Licensee to offer outdoor seating for
patrons of the Restaurant (the "Permitted Use"). At all times, the Licensee shall:
(a)maintain the Patio Area and the Furniture (as hereinafter defined) located thereon in a good, safe, clean,
and sightly condition;
(b)use the Patio Area only for the Pennitted Use that complies with all applicable laws, statutes, and/or
ordinances, governmental rules, regulations, guidelines, orders, and/or decrees, including, without
limitation, acquisition of all applicable liquor and outdoor service licenses and permits and observance
of restrictions on hours of service and use (the "Laws"); and
(c)otherwise use, operate, and maintain the Patio Area in a careful and safe manner and in compliance
with the applicable laws, rules and regulations, including strict compliance with Americans with
Disabilities Act ("ADA"). Licensee will not block passage of pedestrians and other sidewalk users and
shall not encroach into the sidewalk with tables and chairs, leaving sufficient space for such passage
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DocuSign Envelope ID: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38
DocuSign Envelope ID: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38