Temporary Outdoor Dining Application
Addendum for temporary outdoor dining on City Rights of Way and City Property.
Business Address: _________________________
Business Name: _________________________
TEMPORARY OUTDOOR SEATING USE AGREEMENT
THIS TEMPORARY OUTDOOR SEATING USE AGREEMENT (the "Agreement"), is made as of the date
it is signed by the Hampton City Manager or her designee (the “Effective Date”), by and between the
CITY OF HAMPTON, VIRGINIA, a municipal corporation of the Commonwealth of Virginia (the “City”)
and _________________________________ (the “Business”) (collectively, the “Parties”).
WHEREAS, the City is the owner of the public property or right-of-way, including any adjacent sidewalks
and green areas (the “Property”), as shown on EXHIBIT A – LICENSED AREA attached hereto;
WHEREAS, due to the COVID-19 pandemic, indoor dining service for Business has been prohibited or
limited by Executive Orders of Governor Northam; and
WHEREAS, the Parties desire to allow the Business to enter upon the Property for the purpose of outdoor
seating and dining in conjunction with the Business during the Term, as defined herein.
NOW, THEREFORE, that for and in consideration of the mutual promises contained herein and
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the Parties agree as follows:
1. Grant of Right of Entry. The City hereby grants a temporary Right of Entry to the Business over the
Property, subject to the terms and conditions of this Agreement (the “Right of Entry”). No assignment
of the Right of Entry shall be permitted without written consent of the City.
2. Use of the Property. Business shall use the Property solely to provide table seating for dining and/
or beverage consumption in accordance with all applicable terms and conditions of the attached
TEMPORARY OUTDOOR DINING PERMIT. The City and the City’s authorized representatives may, at any
time, enter upon the Property for the purpose of making inspections and verifying compliance with all
applicable federal, state, and local law.
3. Term of the Agreement & Suspension/Revocation. This Agreement is valid for a period not to
exceed 90 days from full execution by the City, unless extended in writing by the City; or 30 days from
the date that the restrictions pertaining to restaurant operations contained within Governor Northam’s
Executive Orders, as amended, are lifted, whichever occurs sooner (the “Term”).
4. Condition of the Property. Upon the end of the Term, the Business shall withdraw its agents and
invitees from the Property and cease any further temporary use of the Property. The Business shall
restore the Property to substantially the same condition as it was prior to entry, free of trash, material,
equipment, and debris.
5. Liability, Indemnity, and Claims. Business assumes the entire responsibility for any and all
damages to persons or property arising out its use of the Property of this Agreement. Business shall
indemnify, hold harmless and defend the City, its agents, officers and employees, from and against all
claims in connection with this Agreement.
6. Applicable Law. This Agreement shall be deemed to be a Virginia contract and shall be
governed by the laws of the Commonwealth of Virginia. All suits for any claims or for any breach or
dispute arising out of this Agreement may be brought in the appropriate court of competent jurisdiction
in a state or federal court of competent jurisdiction located in the City of Hampton, Virginia or the
United States District Court for the Eastern District of Virginia, Newport News Division.
7. Insurance. Business shall maintain insurance in such amounts and such coverages as may be
required by the City of Hampton’s Risk Manager, naming the City of Hampton as an additional insured