R.46. Making the temporary parklet within the 3rd st right of way at 113 W 3rd st a permanent structure

Palisade Board of Trustees
Date of Vote: Tue, Oct 24th 2017
Polls (closed):
Yay (0)    Nay (0)

Summary

                    A Resolution of the Board of Trustees for the Town of Palisade, Colorado, amending the License Agreement with John Sabal for Encroachment of a Temporary Parklet within the Third Street Right of Way at 113 West Third Street and making it a Permanent Structure.

RESOLUTION
WHEREAS, the Town of Palisade is the owner of the Third Street right-of-way; and
WHEREAS, the Town of Palisade supports the efforts of the downtown businesses to attract customers, thereby creating a vibrant downtown; and
WHEREAS, the Town of Palisade has constructed the parklet structures for the use of the businesses at 113 West Third; and
WHEREAS, John Sabal, owner of the Palisade Café 11.0 at 113 West Third Street has requested and been granted by the Board of Trustees the temporary use of the right-of-way for the use of outdoor dining; and
WHEREAS, during the regularly scheduled Board Meeting on October 10th, 2017, John Sabal requested that the temporary use of the parklet be changed to allow for year-round permanent use of the structure; and
WHEREAS, the Town of Palisade understands, agrees with and accepts the terms and conditions stipulated under this agreement addendum;
                
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                    ADDENDUM
Addendum to License Agreement dated March 31, 2107 between the Town of palisade and John Sabal, Palisade Café 11.0, LLC

The above noted agreement is in full force with the following changes approved by the Palisade Board of Trustees and the Grantee.

Under Item 1. The Town of Palisade considered the “appropriate times of the year” to be after the threat of snowfall in the spring until the leaves begin to fall in the fall. At the Grantees request, the Town agrees to extend the placement and use of the parklet structure year-round under the following conditions:
a. The grantee agrees to provide cleaning and maintenance of the South side of Main Street from the East property line of 125 W. Third Street to the East Side of 101 W. Third Street.
b. This includes daily sweeping and trash removal, removal of leaves on the sidewalk and curb.
c. Snow and ice removal, including keeping the curb and sidewalk free of ice around and under the parklet in order to allow water to flow to the storm drains.
d. The grantee will inform the Town of any structural issues with the parklet related to freeze/thaw cycles or other weather related damages. If the Town determines that the structure has been compromised in a way that affects public safety, grantee acknowledges that it is the best interest of public that the parklet be removed. 

Revised lease rate: For the year 2018 and subsequent years, the Grantee will pay a lease rate of $50 per half year (a total of $100 per year) or an adjusted rate as amended by future Palisade Board of Trustees.
                

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