License Committee

City Council - License Committee Wednesday, August 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Join from PC, Mac, iPad, or Android: https://zoom.us/j/92673921126 Phone one-tap: +13052241968, 92673921126# US Join via audio: +1 305 224 1968 US Webinar ID: 926 7392 1126 International numbers available: https://zoom.us/u/acRg1S5LAD 1. Agenda Subject 1.1. Motion to adopt agenda Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 1. Agenda Department Council and Board Type Action Procedural Recommended Action Motion to amend/adopt the agenda as follows: add to the consent agenda item 3.8. Communication: BPD, re: UVM New President Installation Ceremony & Procession, September 30, 2025, 11 am - 5 pm; add to the consent agenda item 3.9. Communication: BPD, re: Block Party, September 6, 2025 (rain date September 7, 2025), Killarney Drive, 4 pm - 9 pm 2. Public Forum Subject 2.1. Verbal Comments Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 2. Public Forum Department Council and Board Page 1 of 67  Type Action Procedural Recommended Action open Public Forum close Public Forum 3. Consent Agenda Subject 3.1. Motion to adopt the consent agenda (as amended) and take the actions indicated Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 3. Consent Agenda Department Council and Board Type Action (Consent) Procedural Recommended Action Motion to adopt the consent agenda (as amended) and take the actions indicated Subject 3.2. Communication: BPD, re: Vermont Rises, June 14, 2025, 11:15 am - 11:45 am, Begin at City Hall Park and end at Waterfront Park Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 3. Consent Agenda Department Police Department Type Action (Consent) Communication Information Recommended Action waive the readng, accept the communication and place it on file Subject 3.3. Communication: BPD, re: Block Party, July 26, 2025, 9 am - 5 pm, Decatur Street Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 3. Consent Agenda Department Police Department Type Action (Consent) Communication Information Recommended Action waive the reading, accept the communication and place it on file Subject 3.4. Communication: BPD, re: Block Party, August 9, 2025, Spring Street, 11 am - 2 pm Page 2 of 67 Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 3. Consent Agenda Department Police Department Type Action (Consent) Communication Information Recommended Action waive the reading, accept the communication and place it on file Subject 3.5. Communication: BPD, re: Block Party, August 16, 2025, Convent Square, 5 pm - 10 pm Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 3. Consent Agenda Department Police Department Type Action (Consent) Communication Information Recommended Action waive the reading, accept the communication and place it on file Subject 3.6. Communication: BPD, re: UVM First Year Student Move-in Days, August 20 - 21, 2025, University Heights Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 3. Consent Agenda Department Police Department Type Action (Consent) Communication Information Recommended Action waive the reading, accept the communication and place it on file Subject 3.7. Communication: BPD, re: UVM Convocation, August 24, 2025, Multiple, 3 pm - 9 pm Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 3. Consent Agenda Department Police Department Type Action (Consent) Communication Page 3 of 67  Information Recommended Action waive the reading, accept the communication and place it on file Subject 3.8. Communication: BPD, re: UVM New President Installation Ceremony & Procession, September 30, 2025, 11 am - 5 pm, Northbound traffic shut down on University Place from Main Street Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 3. Consent Agenda Department Police Department Type Action (Consent) Communication Information Recommended Action waive the reading, accept the communication and place it on file Subject 3.9. Communication: BPD, re: Block Party, September 6, 2025 (rain date September 7, 2025), Killarney Drive, 4 pm -9 pm Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 3. Consent Agenda Department Police Department Type Action (Consent) Communication Information Recommended Action waive the reading, accept the communication and place it on file 4. Deliberative Agenda Subject 4.1. Special Event Outdoor Entertainment Permit Application (one day only): Genesis Vermont, October 3, 2025, 5 pm - 10 pm, 420 Pine Street Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 4. Deliberative Agenda Department Clerk/Treasurer's Office Type Action Recommended Action approve the one day only special event outdoor entertainment permit application for Genesis Vermont, October 3, 2025, 5 pm - 10 pm, 420 Pine Street Subject 4.2. Special Event Outdoor Entertainment Permit Application (three days only): High Desert Light & Sound, September 5th - 7th, 5 pm - 10 pm, 345 Pine Street Page 4 of 67 Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 4. Deliberative Agenda Department Clerk/Treasurer's Office Type Action Recommended Action approve the three day only special event outdoor entertainment permit application for High Desert Light & Sound, September 5th - 7th, 5 pm - 10 pm, 345 Pine Street Subject 4.3. Special Event Outdoor Entertainment Permit Application (three days only): SEABA, September 5 - 7, 2025, various times, South End Arts District along Pine Street from Maple to Flynn Ave Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 4. Deliberative Agenda Department Clerk/Treasurer's Office Type Action Recommended Action approve the three day only special event outdoor entertainment permit application, as amended, for SEABA, September 5 - 7, 2025. various times, South End Arts District along Pine Street from Maple to Flynn Ave Subject 4.4. 169 Church Street - Encumbrance Permit Application - Outdoor seating area - DPW Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 4. Deliberative Agenda Department Public Works Department Type Action Recommended Action to approve and recommend that the City Council approve the Encumbrance Application for Thai Taste Café, LLC . d/b/a East West Cafe for the address located at 169 Church Street, requesting use of the sidewalk on the west side of Lower Church Street parking stall and greenbelt for a staging area and to further recommend that the City Council authorize the Mayor to enter into a license agreement with the Applicant for use of the portion of the right-of-way outlined in the Application, subject to review by the City Attorney’s Office Subject 4.5. 131 Main Street - Encumbrance Application - Outdoor Seating - DPW Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 4. Deliberative Agenda Department Public Works Department Page 5 of 67  Type Action Recommended Action to approve and recommend that the City Council approve the Encumbrance Application for The Gryphon, LLC, for the installation and use of an outdoor seating area at 131 Main Street and authorize the Mayor to execute a License Agreement—approved by the City Attorney’s Office—on behalf of the City of Burlington for a term commencing on the date of execution and terminating on October 15th 2025 5. Adjournment Subject 5.1. Motion to adjourn Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 5. Adjournment Department Council and Board Type Action Procedural Recommended Action Motion to adjourn Page 6 of 67 Page 7 of 67 Page 8 of 67 Page 9 of 67 Page 10 of 67 Page 11 of 67 Page 12 of 67 Page 13 of 67 Page 14 of 67 Page 15 of 67 Page 16 of 67 Page 17 of 67 Page 18 of 67 Page 19 of 67 Page 20 of 67 Page 21 of 67 Page 22 of 67 Page 23 of 67 Page 24 of 67 Page 25 of 67 Page 26 of 67 Amendment to Agenda Item 4.3. Indoor: 400 Pine Street, Burlington, VT STRUT! Fashion Show Friday, September 5th from 7:30 - 9pm Amplified music, no dancing, seating max 300 6 bathrooms Licensed bar by Orleans Events 2 security from Chocolate Thunder + 2 door attendees 400 Pine Street Building open for artist market: Saturday, Sept 6th from 10am - 6pm Sunday, Sept 7th from 11am - 4pm Page 27 of 67  CITY OF BURLINGTON DEPARTMENT OF PUBLIC WORKS 645 Pine Street, Suite A Post Office Box 849 Burlington, VT 05402-0849 802.863.9094 VOX 802.863.0466 FAX 802.863.0450 TTY www.burlingtonvt.gov MEMORANDUM TO: License Committee/City Council FROM: Alice Schwencke, Excavation Inspector, Department of Public Works DATE: 8/1/2025 CC: Laura Wheelock, P.E.; Division Director of Public Works/City Engineer Chapin Spencer, Director of Public Works. RE: 169 Church Street – Encumbrance Permit Application – Outdoor seating area Request The Applicant, Spencer Richland, the owner of the establishment named East West Café located at 169 Church Street, is requesting approval for an outdoor seating area to exist in the public right-of-way. The request, if approved, will formally permit an outdoor seating area on the West side walk of lower church street in front of the establishment. staging area, through a License Agreement with the City. As stated in Burlington Code of Ordinance Chapter 27-32(a): “No permit as required by Section 27-31 shall be for longer than sixty (60) days, except as authorized by the city council.” Overview East West Café submitted an encumbrance permit application to the Department of Public Works on July 10th 2025, requesting to occupy 96 square feet of City right-of-way space on Lower Church Street of the public right-of-way to accommodate an outdoor seating area. The seating area meets all the requirements to occupy the public right-of-way and will not impede the traveled lanes of Lower Church. The sidewalk is open to public use and not restricted by the outdoor seating area. During times when the seating area is not in use is not occurring, the chairs and tables will remain in place overnight on the street. The Applicant will be responsible for any future maintenance or repairs and any other conditions as defined in the License Agreement. The outdoor seating area is expected to occupy the side walk from July 2025 to October 2025. Items will be removed from the street if there is DPW work to be performed prior. Page 28 of 67 RE: 169 Church Street August 1, 2025 Page | 2 of 2 Recommendation The Department of Public Works is supportive of entering into a License Agreement between the Applicant and the City. Thank you for your consideration of this request. Please do not hesitate to contact me directly at Aschwencke@burlingtonvt.gov or 802-495-6176. Attachment A. Application B. DPW Recommendation Form C. Photographs/Site Plan D. Certificate of Insurance Motions: License Committee: “To approve and recommend that the City Council approve the Encumbrance Application for Thai Taste Café, LLC . d/b/a East West Cafe for the address located at 169 Church Street, requesting use of the sidewalk on the west side of Lower Church Street parking stall and greenbelt for a staging area and to further recommend that the City Council authorize the Mayor to enter into a license agreement with the Applicant for use of the portion of the right-of-way outlined in the Application, subject to review by the City Attorney’s Office.” City Council: “To approve the Encumbrance Application for Thai Taste Cafe. d/b/a East West Cafe at 169 Lower Church Street requesting use of the sidewalk and the Right-of-Way and to authorize the Mayor to enter into a license agreement with the Applicant for use of the portion of the right-of-way outlined in the Application, subject to review by the City Attorney’s Office.” An Equal Opportunity Employer This material is available in alternative formats for persons with disabilities. To request an accommodation, please call 802.863.9094 (voice) or 802.863.0450 (TTY). Page 29 of 67 Dear Licensing Committee Members, The Department of Public Works recommends approval of the Encumbrance Permit Application submitted by East West, LLC for the use of 96 square feet of public right-of-way at Lower Church Street. This recommendation is based on a thorough review of the application and is subject to the conditions outlined below and review by the City Attorney's Office. East West Café, LLC is requesting this temporary encumbrance on the West side of Church Street for the usage of a 96 Square foot area on the sidewalk. The proposal complies with the Burlington Code of Ordinances, specifically Chapter 27-31(a), which allows for encumbrances those which exceed 60 days with the approval of Licensing Committee Members. The DPW supports formalizing this through a License Agreement with an annual fee of $1 per square foot, payable through the City’s OpenGov Portal. Therefore, I urge the Licensing Committee and City Council to approve this request, subject to the aforementioned conditions and review by the City Attorney’s Office. Thank you for your attention to this matter. Should you require further information, I am available at ASchwencke@burlingtonvt.gov or 802-865-7562. Sincerely, Alice Schwencke Excavation Inspector Department of Public Works City of Burlington aschwencke@burlingtonvt.gov 802-495-6176 Page 30 of 67  DEPARTMENT OF PUBLIC WORKS 645 PINE STREET BURLINGTON, VT 05401 Voice: (802) 863-9094 Ext 3 Fax: (802) 863-0466 Email: dpwpinecustomerservice@burlingtonvt.gov DPW ENCUMBRANCE RECOMMENDATION FORM Thai Taste Cafe, LLC 7/25/25 DBA NAME: DATE: East West, LLC 802-371-8997 COMPANY NAME: PHONE: Spencer Richland Eastwestcafebtv@gmail.com CONTACT NAME: EMAIL: 169 Church Street, Burlington VT 05403 MAILING ADDRESS: 169 Church Street, Burlington VT 05403 LOCATION OF ENCUMBRANCE: FOR LONG-TERM ENCUMBRANCE, TABLE AND CHAIR ENCUMBRANCE, AND CONSTRUCTION ENCUMBRANCE 1. All encumbrances should be located on private property, if possible. In the opinion of the Excavation Inspector, is there an available alternative location for the requested encumbrance on private property? YES [ ] NO [ ] 2. Will there be sufficient width for plows, pedestrian access, and ADA requirements if the proposed encumbrance is added to the sidewalk/roadway/greenbelt? YES [ ] NO [ ] 3. Additional Comments: East West to obstruct sidewalk on Lower Church Street, with a 96 Square Feet outdoor seating area. 4. Has this business remained in compliance to date (RENEWALS ONLY)? YES [ ] NO [ ] 5. Describe the encumbrance, including square footage and location of items: Occupation of 96 square feet of the sidewalk on the West Side of Lower Church Street. BELOW THIS LINE – DEPARTMENT OF PUBLIC WORKS OFFICE USE ONLY Approved: Yes [ ] No [ ] If no, reason: Signature: Alice Schwencke Date: 7/25/25 Page 31 of 67  ENCUMBRANCE PERMIT AND LICENSE AGREEMENT Thai Taste Café, LLC 169 Church Street Burlington VT 05401 This Long-term Encumbrance Permit and License Agreement (“Agreement”) is made by and between the City of Burlington, a municipal corporation organized and validly existing under the laws of the State of Vermont, and Thai Taste Café, LLC DBA East West Café located at 169 Church Street Burlington VT 05401, Thai Taste Café, LLC. The City and Licensee agree to the terms and conditions of this Agreement. 1. RECITALS A. Authority. Authority to enter into this Agreement exists in the City Charter and Burlington City Ordinance 27-32. Required approvals, clearance, and coordination have been accomplished from and within each Party. B. Consideration. The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Agreement. C. Background. The City owns property, including the street and sidewalk right-of-way adjacent to 169 Church Street Burlington. Licensee has submitted a construction encumbrance application seeking the continued occupation of City right-of-way on Church Street. According to Licensee’s application, it will cover 96 square foot area of the public sidewalk, D. Purpose. This Agreement sets forth the terms and conditions for the allowed use of the public right- of-way. 2. DEFINITIONS A. “Effective Date” means the date on which this Agreement is approved and signed by the City as shown on the signature page of this Agreement. B. “Encumbrance Fee” means the sum of the encumbrance application fee, and the square foot use fee annually set by the City. C. “Party” means the City or Licensee and “Parties” means both the City and Licensee. D. “Premises” means the sidewalk right-of-way on the West Side of Church Street. directly in front of 169 Church Street Burlington. E. “Property” means the commercial building lot located at 169 Church Street in Burlington, Vermont, inclusive of the barricade fencing that are the subject of this Agreement. 3. EFFECTIVE DATE AND TERM A. Effective Date. This Agreement shall not be valid or enforceable until the Effective Date. The City shall not be bound by any provision of this Agreement before the Effective Date and shall have no obligation for any performance before the Effective Date or after the expiration or termination of this Agreement. Licensee’s obligations hereunder for indemnification, defense, and restoration of the Premises and other City property shall survive expiration or termination hereof. B. Term. This Agreement shall commence on the Effective Date and expire on 10/31/2025. C. Termination. This Agreement may be terminated as set forth in this paragraph (C). Upon 1 Page 32 of 67  termination, Licensee shall remove—at its own expense—all objects, materials, and other obstructions placed on the Premises. If Licensee refuses to promptly remove such obstructions, the City may remove all such obstructions and the Licensee shall be liable for all expenses of such removal. i. Discontinued Use. The City shall have the exclusive right to immediately terminate this Agreement should Licensee or a subsequent owner discontinue the licensed use of the premise. ii. Termination for Convenience. At any time prior to completion of services specified under this Agreement, the City may terminate the Agreement for any reason by submitting written notice via certified or registered mail to the Licensee, not less than fifteen (15) days prior to the termination date, of its intention to do so. The Licensee shall make no claim against the City by reason of such termination. iii. Breach. The City shall have the exclusive right to terminate this Agreement if Licensee is in breach of this Agreement. The City shall provide seven (7) days written notice in advance of the termination date. iv. Non-Compliance. If any of the License Conditions are not met to the satisfaction of the City, the Licensee will be responsible for restoration of the Premises, the sidewalk adjacent to the property, and any other City property damaged, destroyed, or otherwise affected by Licensee or its officers, employees, agents, customers/invitees, successors, or assigns, within seven (7) days of receiving written notice. v. Renewal. This agreement shall be renewable annually for a one (1) year term provided that Licensee submits a timely annual renewal application certifying that its renewal does not amend, modify or otherwise change the existing agreement, pays the requisite fees, and provides updated proof of insurance and all applicable endorsements, and provided that the Department of Public Works certifies that licensee is still in compliance with terms of this agreement. 4. GRANT OF LICENSE The City hereby grants to Licensee a license to install an outdoor seating area for dining purposes on the sidewalk directly adjacent to 169 Church Street, totaling an area of 96 square feet for the term set forth above. Licensee may use and shall maintain the outdoor seating area existing in the City’s right-of-way. LICENSE CONDITIONS The Premises shall be maintained in accordance with all conditions set by DPW. Such conditions shall include the following enumerated conditions, but may also be supplemented by DPW upon reasonable notice in the event DPW determines that the public safety, health and or welfare require such supplemental conditions: A. East West Café shall take all reasonable precautions to protect the public from potential hazards resulting and emanating from the Premises due to activities related to the uses for which this encumbrance is permitted. B. East West Café Inc shall control the dust and dirt and other debris on the encumbered area and adjoining areas, including picking up and sweeping such dust, dirt and debris, working condition. 2 Page 33 of 67  All costs associated with the maintenance and upkeep of the encumbered area are solely the responsibility of East West Café. C. East West Café shall not allow obstructions and interferences in the lines of sight on the Premises or the adjacent area. D. East West Café shall be responsible for the maintenance and associated repair of approximately 96 square feet of the street and sidewalk on of Church Street. E. The Department of Public Works reserves the right to extend this agreement for one additional year, provided that the licensee submit any and all documents required by the Department of Public Works that would warrant the extension of this agreement. 5. PAYMENT FOR LICENSE A. License Fee. Licensee shall pay the City an encumbrance fee, as described in Attachment A. B. Initial License Fee. By signing this Agreement, the Parties acknowledge that Licensee has paid the City the license fee for the period beginning [04/25/2025] and ending [02/26/2026]. C. Parking Meter Fee. Licensee shall pay all associated parking meter fees. 6. INSURANCE A. Requirement. Licensee shall maintain throughout the term of this Agreement, and any subsequent extension or renewals, commercial general liability insurance from an insurance carrier rated A-:VII or higher by A.M. Best Co. and admitted in the State of Vermont, insuring against all legal liability for injuries or damages suffered as a result of the exercise of privileges granted by this Agreement in an amount not less than $100,000 each occurrence, $300,000 aggregate. B. Evidence. Prior to execution of this Agreement, Licensee shall furnish the City with a certificate of insurance and endorsement that includes the provision naming the City as an additional insured on a primary, non-contributory basis and waiving subrogation against the City. Licensee shall take all reasonable efforts to acquire an endorsement providing the City with thirty (30) days’ written notification of cancellation. If such endorsement is not reasonably available, then Licensee shall provide the City with notification of any impending cancellations within three (3) days after receipt of such notice from its insurance carrier. The current certificate of insurance and applicable endorsements are attached to this Agreement as Attachment D. C. Continuing Obligation. Licensee shall provide the City with an updated certificate of insurance and applicable endorsements annually on or before the certificate’s stated expiration. It is the responsibility of Licensee to ensure that a current certificate of insurance is on file with the City at all times. 7. INDEMNIFICATION Licensee shall indemnify, defend, and hold harmless the City, its officers, officials, agents, and employees from liability for any claims, suits, expenses, losses, judgments, penalties, fines, costs 3 Page 34 of 67  (including attorneys’ fees and costs), and damages arising as a result of the Licensee’s acts and/or omissions, and the acts and/or omissions of Licensee’s officers, directors, employees, agents, contractors, subcontractors, customers/invitees, successors, or assigns arising from or related to Licensee’s use of the Premises or in connection with this Agreement or the privileges granted to it under this Agreement, excepting claims arising from the City’s gross negligence or willful misconduct. If the City, its officers, officials, agents, or employees are notified of any claims asserted against it to which this indemnification provision may apply, the City shall promptly thereafter notify the Licensee in writing that a claim to which the indemnification provision may apply has been received. Licensee shall promptly retain counsel and otherwise provide a complete defense against the entire claim or suit. The City retains the right to participate, at its own expense, in the defense of any claim, and to approve all proposed settlements of clams to which this provision applies. Under no conditions shall the City be obligated to indemnify the Licensee or any third party, nor shall the City be otherwise liable for expenses or reimbursement including attorney’s fees, collection costs, or other costs, of the Licensee or any third party. 8. RESPONSIBILITY FOR SUPERVISION: Licensee shall assume responsibility for general supervision of its contractors and any subcontractors, shall be solely responsible for all procedures, methods, and work, and shall be responsible to the City for all acts or omissions of its officers, employees, agents, contractors, subcontractors, or any other person related to any activity or work performed in connection with this Agreement or the privileges granted to Licensee under this Agreement. 9. PUBLIC RELATIONS Throughout the performance of the work, the Licensee will endeavor to maintain good relations with the public and any affected property owners. Personnel employed by or representing the Licensee shall conduct themselves with propriety. 10. PERMITS Licensee shall be responsible for obtaining all necessary City and/or State permits prior to performing any work on the Premises or in connection with this Agreement. 11. NUISANCES PROHIBITED Licensee shall not—during the term of this Agreement—on or in the Premises, maintain, commit, or permit the maintenance or commission of any nuisance or violation of any applicable City ordinance, State or Federal statute, or controlling law, regulation, or condition imposed whether existing at the time of commencement of this Agreement or enacted, amended, or otherwise put into effect during the term of this Agreement. 12. INSPECTION OF WORK The City shall, at all times, have access to the Premises for the purposes of inspection and the Licensee shall provide whatever access is considered necessary to accomplish such inspections. At any time, the Licensee shall permit the City or representative for the City the opportunity to inspect any plans, drawings, estimates, specifications, or other materials prepared or undertaken by the Licensee. 13. ASSIGNMENT OF RIGHTS If Licensee sells the Property, Licensee may temporarily assign the privileges granted herein to the 4 Page 35 of 67  new owner of the Property for a period of sixty (60) days after closing. Any subsequent owner of the Property shall execute a new agreement with the City and provide proof of insurance within the sixty (60) day period. Failure to comply with this section shall constitute a discontinued use under §3.C.i of this Agreement. 14. LIMITATION OF RIGHTS; PROPERTY TAXES Licensee acknowledges that no title, estate, leasehold, easement, or other property interest or other right is created other than that specifically defined and limited by this Agreement. Any property tax liability arising from this Agreement under Vermont law, notwithstanding the foregoing, shall be the sole responsibility of Licensee. 15. WAIVER The City’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit or by lack of enforcement, shall not operate as a waiver, notwithstanding the passage of time. Waiver by the City may only occur through an expressed written waiver signed by an authorized representative of the City. No waiver of a breach of any of the covenants, agreements, or provisions contained in this Agreement shall be construed to be a waiver of any subsequent breach of the same or of any other provision in this Agreement. 16. ENTIRE AGREEMENT This Agreement contains the entire understanding of the Parties with respect to the subject matter of this Agreement. All prior representations and understandings related to Licensee’s use of the specified portions of the City’s right-of-way, oral or written, are merged into this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not have any force or effect whatsoever, unless embodied herein. 17. MODIFICATION Modifications to this Agreement shall only be valid if agreed to in a formal written amendment to this Agreement, properly executed and approved by the Parties. 18. THIRD PARTY BENEFICIARIES This Agreement does not confer any rights or remedies upon any person or entity other the Parties. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or benefits which third parties receive as a result of this Agreement are incidental to this Agreement and do not create any right for such third parties. 19. MISCELLANEOUS If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder shall remain in effect as necessary to effectuate the original intent of the Parties as closely as possible; provided, however, that if any provision hereof relating to indemnification or defense for the protection of the City and its taxpayers is held to be invalid and unenforceable, then this Agreement shall have no further prospective force or effect, except that it shall be enforced to the fullest extent allowed by law for the protection of the City and its taxpayers with respect to prior transactions and occurrences. This Agreement shall be construed according to Vermont law, notwithstanding conflicts of law principles, and venue for any dispute arising from this Agreement shall be proper in Chittenden County, Vermont, notwithstanding any other law. This Agreement shall not be construed its drafter. In case of any dispute arising from this Agreement, the 5 Page 36 of 67  prevailing party shall be entitled to attorneys’ fees and costs. 20. ATTACHMENTS The following attachments are adopted, incorporated by reference, and made part of this Agreement: A. Attachment A: Licensee’s Application B. Attachment B: Department of Public Works Encumbrance Recommendation Form C. Attachment C: Photographs and Sketches of Encroachment D. Attachment D: Certificate of Insurance 21. ORDER OF PRECEDENT This Agreement shall control over any conflicting attachment. — Signature Page Follows — 6 Page 37 of 67 22. SIGNATURE PAGE Persons signing for the Parties hereby swear and affirm that they are authorized to act on behalf of their respective Party and acknowledge that the other Party is relying on their representations to that effect. This Agreement may be executed in counterparts, each of which shall be deemed an original. This Agreement may be executed electronically, and an electronic copy or other facsimile shall be treated as an original. The Parties hereto have executed this Agreement LICENSEE East West Café, LLC By: __________________________________ [Mr. Spencer Richland, Owner] By: ________________________________ [Samran Kaewkoet, Owner] Date: ____________________ CITY OF BURLINGTON By: _________________________________ Mayor Emma Mulvaney-Stanak Date: ____________________ 7 Page 38 of 67  DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 06/24/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Barbara Donnelly NAME: Polly Insurance Agency, LLC PHONE (802) 655-9000 FAX (802) 871-5609 (A/C, No, Ext): (A/C, No): 2300 St George Rd E-MAIL bdonnelly@polly.co ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # Williston VT 05495 INSURER A : Vermont Mutual Insurance Co 26018 INSURED INSURER B : Thai Taste Cafe LLC, DBA: East West Cafe INSURER C : 169 Church Street INSURER D : INSURER E : Burlington VT 05401 INSURER F : COVERAGES CERTIFICATE NUMBER: CL2482326414 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100,000 CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ 5,000 A Y BP18031342 08/23/2024 08/23/2025 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO- 2,000,000 POLICY JECT LOC PRODUCTS - COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Burlington is listed as an additional insured with regard to the General Liability, per written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Burlington Burlington Public Works ACCORDANCE WITH THE POLICY PROVISIONS. Encumbrance Application Dept. AUTHORIZED REPRESENTATIVE 645 Pine Street Burlington VT 05401 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 39 of 67 REN-25-11 about:srcdoc City of Burlington, VT July 25, 2025 REN-25-11 Primary Location Applicant ROW Encumbrance 169 Church Street Spencer Richland Permit Burlington, VT 05401 802-371-8997 Status: Active eastwestcafebtv@gmail.com Owner Submitted On: 7/10/2025 169 Church Street SISTERS & BROTHERS Burlington, VT 05401 INVESTMENT, GROUP LLP 75 SOUTH WINOOSKI AV BURLINGTON, VT 05401 Right-of-Way Encumbrance Application Type of Encumbrance Requested* Renewal ?* Seating / Sign / Structure / Amenity No Encumbrance Encumbrance Description* Outdoor seating for dining with cordon and 3 tables and 12 chairs. Location of Encumbrance * In front of restaurant on curb side (see photos). The length of Long-Term Encumbrances (years) are negotiated on a case-by-case basis, and may be renewed at the request of the applicant. Encumbrance Term (Years) Encumbrance Start Date 1 04/04/2025 Page 40 of 67 1 of 8 7/25/2025, 8:58 AM REN-25-11 about:srcdoc Encumbrance End Date Area Encumbered (Square Feet) 10/31/2025 96 Number of Tables Number of Chairs 3 12 Company Information Company Name DBA Name Thai Taste Café LLC East West Café Phone FAX 8025400359 Street Address City, State Zip 169 Church St Burlington, VT 05401 Email EastWestCafeBTV@GMail.com Instructions Page 41 of 67 2 of 8 7/25/2025, 8:58 AM REN-25-11 about:srcdoc Please Attach: �. Certificate of Liability Insurance with holder as the “CITY OF BURLINGTON, BURLINGTON PUBLIC WORKS, ENCUMBRANCE APPLICATION DEPT., 645 PINE ST, BURLINGTON, VT 05401”. �. Endorsement to Insurance Policy (separate from the Certificate of Insurance) listing the Cancellation Policy as 15 notice for non-payment or 45 days for any other reason. �. Endorsement to Insurance Policy (separate from the Certificate of Insurance) specifically listing the City as Additional Insured. �. Sketch, photo, or blueprint of what you are proposing. �. Check for Total Amount Due. ($25 Application fee + $1 per square foot) Encumbrance Not Valid until Permit is Issued. Permit will be Issued after City Council Approval. Page 42 of 67 3 of 8 7/25/2025, 8:58 AM REN-25-11 about:srcdoc Please Attach: �. Certificate of Liability Insurance with holder as the “CITY OF BURLINGTON, BURLINGTON PUBLIC WORKS, ENCUMBRANCE APPLICATION DEPT., 645 PINE ST, BURLINGTON, VT 05401”. �. Endorsement to Insurance Policy (separate from the Certificate of Insurance) listing the Cancellation Policy as 15 notice for non-payment or 45 days for any other reason. �. Endorsement to Insurance Policy (separate from the Certificate of Insurance) specifically listing the City as Additional Insured. �. Sketch, photo, or blueprint of what you are proposing. �. Check for Total Amount Due. ($25 Application fee + $1 square foot) Permit will be Issued after City Council Approval. Permit Not Valid until Fee Payment is Received. Page 43 of 67 4 of 8 7/25/2025, 8:58 AM REN-25-11 about:srcdoc Please Attach: �. Certificate of Liability Insurance with holder as the “CITY OF BURLINGTON, BURLINGTON PUBLIC WORKS, ENCUMBRANCE APPLICATION DEPT., 645 PINE ST, BURLINGTON, VT 05401”. �. Endorsement to Insurance Policy (separate from the Certificate of Insurance) listing the Cancellation Policy as 15 notice for non-payment or 45 days for any other reason. �. Endorsement to Insurance Policy (separate from the Certificate of Insurance) specifically listing the City as Additional Insured. �. Sketch, photo, or blueprint of what you are proposing. �. Check for Total Amount Due. ($25 Application fee + $1 per square foot) Permit will be Issued after City Council Approval. Permit Not Valid until Fee Payment is Received. Application Fee: $25 + $1 per square foot encumbered. Jurisdiction BCO 27-31(a) It shall be unlawful for any person, firm or corporation to temporarily obstruct a street or sidewalk without first obtaining a written permit therefor from the director of public works or his or her designee, except as hereinafter provided. Within the Church Street Marketplace District on any portion of Church Street, College Street, Bank Street, or Cherry Street used for vehicular traffic, the director of public works or his or her designee shall not issue a permit until the executive director of the Church Street Marketplace department approves of such obstruction. In the inner two (2) pedestrian blocks of the marketplace district, the executive director of the Church Street Marketplace department shall have exclusive jurisdiction to issue permits. Page 44 of 67 5 of 8 7/25/2025, 8:58 AM REN-25-11 about:srcdoc Required Documentation Certificate of Insurance Insurance Expiration Date – Endorsement of Additional Insured Endorsement for Cancellation Site Map or Photograph(s) Reporting Encumbrance For: – City Department Review Attorney Sign Off Attorney Sign Off Date – Right-of-Way Sign Off Right-of-Way Sign Off Date – City Council Review City Council Meeting Date City Council Approval – Page 45 of 67 6 of 8 7/25/2025, 8:58 AM REN-25-11 about:srcdoc City Council Approval Date – Attachments Encumbrance Policy Cancellation July 2024.pdf Encumbrance Policy Cancellation July 2024.pdf Uploaded by Spencer Richland on Jul 10, 2025 at 3:09 PM Encumbrance Certificate of Insurance July 2025.pdf Encumbrance Certificate of Insurance July 2025.pdf Uploaded by Spencer Richland on Jul 10, 2025 at 3:10 PM Encumbrance Policy Changes July 2025.pdf Encumbrance Policy Changes July 2025.pdf Uploaded by Spencer Richland on Jul 10, 2025 at 3:11 PM PXL_20250621_214251673.jpg PXL_20250621_214251673.jpg Uploaded by Spencer Richland on Jul 10, 2025 at 3:12 PM Record Activity Spencer Richland started a draft Record 06/04/2025 at 1:00 pm Spencer Richland added file Encumbrance Policy Cancellation July 2024.pdf 07/10/2025 at 3:09 pm Spencer Richland added file Encumbrance Certificate of Insurance July 07/10/2025 at 3:10 pm 2025.pdf Spencer Richland added file Encumbrance Policy Changes July 2025.pdf 07/10/2025 at 3:11 pm Spencer Richland added file PXL_20250621_214251673.jpg 07/10/2025 at 3:12 pm Spencer Richland submitted Record REN-25-11 07/10/2025 at 3:13 pm Page 46 of 67 7 of 8 7/25/2025, 8:58 AM REN-25-11 about:srcdoc OpenGov system altered payment step Encumbrance Fee Payment, changed 07/10/2025 at 3:13 pm status from Inactive to Active on Record REN-25-11 OpenGov system completed payment step Encumbrance Fee Payment on 07/10/2025 at 3:29 pm Record REN-25-11 OpenGov system altered approval step City Council Approval, changed status 07/10/2025 at 3:29 pm from Inactive to Active on Record REN-25-11 OpenGov system assigned approval step City Council Approval to Alice 07/10/2025 at 3:29 pm Schwencke on Record REN-25-11 Timeline Due Label Activated Completed Assignee Status Date 7/10/2025, 7/10/2025, Spencer Completed Encumbrance - 3:13:31 PM 3:29:43 PM Richland Fee Payment City Council 7/10/2025, Alice Active - - Approval 3:29:43 PM Schwencke Encumbrance Inactive - - - - Permit Issuance Page 47 of 67 8 of 8 7/25/2025, 8:58 AM  CITY OF BURLINGTON DEPARTMENT OF PUBLIC WORKS 645 Pine Street, Suite A Post Office Box 849 Burlington, VT 05402-0849 802.863.9094 VOX 802.863.0466 FAX 802.863.0450 TTY www.burlingtonvt.gov Chapin Spencer DIRECTOR OF PUBLIC WORKS MEMORANDUM TO: License Committee/City Council FROM: Alice Schwencke, Excavation Inspector, Department of Public Works DATE: August 12th, 2025 CC: Laura Wheelock, P.E. City Engineer Chapin Spencer, Director of Public Works. RE: 131 Main Street - Encumbrance Application – Outdoor Seating Request License Committee 1. DPW respectfully requests that the License Committee approve the following motion: To approve and recommend that the City Council approve the Encumbrance Application for The Gryphon, LLC, for the installation and use of an outdoor seating area at 131 Main Street and authorize the Mayor to execute a License Agreement—approved by the City Attorney’s Office—on behalf of the City of Burlington for a term commencing on the date of execution and terminating on October 15th 2025. City Council 1. DPW respectfully requests that the City Council approve the following motion: To approve the Encumbrance Application for the Gryphon, LLC, for the installation of an outdoor seating at 131 Main Street and authorize the Mayor to execute a License Agreement—approved by the City Attorney’s Office—on behalf of the City of Burlington for a term commencing on the date of execution and terminating on October 15, 2025. Overview Page 48 of 67 RE: 131 Main Street –The Gryphon, LLC June 24, 2025 Page | 2 of 2 The Department of Public Works (DPW) received a request from The Gryphon on June 20th, 2025 for the installation and use of an outdoor seating area located in the right-of-way in front of 131 Main Street. The outdoor seating area meets all the requirements to occupy the Right of Way. The area will accommodate 4 tables and 16 seats. The outdoor seating will not obstruct or block any loading zones or handicap parking spaces, and will meet or exceed ADA standards for accessibility. The amenity will not interfere with municipal or utility maintenance or operations. There will be a onetime fee discount of 100% to accommodate for the extensive Main Street Construction. Schedule The Gryphon, LLC requests the use of the ROW for between the property line and parking stalls at 131 Main Street. This encumbrance will commence on encumbrance approval date and terminate on October 15th,2025 Recommendation It is the recommendation of DPW to support the use of this outdoor seating area under the terms of a License Agreement, in substantially the same form as the attached, between the City of Burlington and the Gryphon, LLC. Thank you for consideration of this request, please do not hesitate to contact me directly at ASchwencke@burlingtonvt.gov or 802-495-6176. ATTACHMENT: License Agreement (with exhibits) An Equal Opportunity Employer This material is available in alternative formats for persons with disabilities. To request an accommodation, please call 802.863.9094 (voice) or 802.863.0450 (TTY). Page 49 of 67 Dear Licensing Committee Members, The Department of Public Works recommends approval of the Encumbrance Permit Application submitted by The Gryphon, LLC for the use of public right-of-way at 131 Main Street. This recommendation is based on a thorough review of the application and is subject to the conditions outlined below and review by the City Attorney's Office. The Gryphon, LLC is requesting this temporary encumbrance on the east side of St. Paul Street. Adjacent to The Gryphon business front. Per the recommendation of City Engineer Laura Wheelock and Associate Public Works Engineer Madeline Suender it was advised that a one time fee discount of 100% to be applied to the City Encumbrance application and square footage fees. The proposed arrangement is in full compliance with the Burlington Code of Ordinances, specifically Section 27-31(a), which permits encumbrances exceeding 60 days with the approval of Licensing Committee Members. The Department of Public Works (DPW) recommends formalizing this through a structured License Agreement, inclusive of a one-year waiver of the encumbrance fee for the 2025 calendar year. This fee waiver is proposed to alleviate financial burdens associated with the extensive Main Street construction project, thereby supporting local businesses in managing operational challenges during this period. We respectfully request that the Licensing Committee and City Council approve this proposal, contingent upon the aforementioned conditions and subject to review by the City Attorney’s Office. Thank you for your attention to this matter. Should you require further information, I am available at ASchwencke@burlingtonvt.gov or 802-865-7562. Sincerely, Alice Schwencke Excavation Inspector Department of Public Works City of Burlington aschwencke@burlingtonvt.gov 802-495-6176 Page 50 of 67  ENCUMBRANCE PERMIT AND LICENSE AGREEMENT The Gryphon, LLC 131 Main Street, Burlington VT This Long-term Encumbrance Permit and License Agreement (“Agreement”) is made by and between the City of Burlington, a municipal corporation organized and validly existing under the laws of the State of Vermont (“City”), and The Gryphon, LLC, a domestic limited liability company located at 131 Main Street, Burlington, Vermont 05401 (“Licensee”). The City and Licensee agree to the terms and conditions of this Agreement. 1. RECITALS A. Authority. Authority to enter into this Agreement exists in the City Charter and Burlington City Ordinance 27-32. Required approvals, clearance, and coordination have been accomplished from and within each Party. B. Consideration. The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Agreement. C. Background. The City owns property, including the street and sidewalk right-of-way adjacent to 131 Main Street. The Licensee has received approval to install an outdoor seating area on the sidewalk of the public right-of-way adjacent to the premises. D. Purpose. This Agreement sets forth the terms and conditions for the allowed use of the public right- of-way. 2. DEFINITIONS A. “Effective Date” means the date on which this Agreement is approved and signed by the City as shown on the signature page of this Agreement. B. “Encumbrance Fee” means the sum of the encumbrance application fee, and the square foot use fee annually set by the City. C. “Party” means the City or Licensee and “Parties” means both the City and Licensee. D. “Premises” means the right of way at or near the intersection of Main and St. Paul Streets as shown in the approved plan attached hereto as Attachment C. E. “Property” means the outdoor seating area that is the subject of this Agreement. 3. EFFECTIVE DATE AND TERM A. Effective Date. This Agreement shall not be valid or enforceable until the Effective Date. The City shall not be bound by any provision of this Agreement before the Effective Date and shall have no obligation for any performance before the Effective Date or after the expiration or termination of this Agreement. Licensee’s obligations hereunder for indemnification, defense, and restoration of the Premises and other City property shall survive expiration or termination hereof. B. Term. This Agreement shall commence on the Effective Date and expire on 9/15/25. C. Termination. This Agreement may be terminated as set forth in this paragraph (C). Upon termination, Licensee shall remove—at its own expense—all objects, materials, and other 1 Page 51 of 67  obstructions placed on the Premises. If Licensee refuses to promptly remove such obstructions, the City may remove all such obstructions and the Licensee shall be liable for all expenses of such removal. i. Discontinued Use. The City shall have the exclusive right to immediately terminate this Agreement should Licensee or a subsequent owner discontinue the licensed use of the premise. ii. Termination for Convenience. At any time prior to completion of services specified under this Agreement, the City may terminate the Agreement for any reason by submitting written notice via certified or registered mail to the Licensee, not less than fifteen (15) days prior to the termination date, of its intention to do so. The Licensee shall make no claim against the City by reason of such termination. iii. Breach. The City shall have the exclusive right to terminate this Agreement if Licensee is in breach of this Agreement. The City shall provide seven (7) days written notice in advance of the termination date. iv. Non-Compliance. If any of the License Conditions are not met to the satisfaction of the City, the Licensee will be responsible for restoration of the Premises, the sidewalk adjacent to the property, and any other City property damaged, destroyed, or otherwise affected by Licensee or its officers, employees, agents, customers/invitees, successors, or assigns, within seven (7) days of receiving written notice. v. Renewal. This agreement shall be renewable annually for a one (1) year term provided that Licensee submits a timely annual renewal application certifying that its renewal does not amend, modify or otherwise change the existing agreement, pays the requisite fees, and provides updated proof of insurance and all applicable endorsements, and provided that the Department of Public Works certifies that licensee is still in compliance with terms of this agreement. 4. GRANT OF LICENSE The City hereby grants to Licensee a license to install an outdoor seating area for dining purposes within the Premises, totaling an area of approximately 150 square feet for the term set forth above. Licensee may use and shall maintain the outdoor seating area existing in the City’s right-of-way. 5. LICENSE CONDITIONS A. Maintenance. Licensee shall maintain the outdoor seating to the satisfaction of the City, which includes maintaining it in a safe, proper, and working condition. Licensee shall be solely responsible for all costs associated with maintenance, upkeep, repair, and replacement of outdoor seating amenities. B. Placement. The featured seating shall be placed and maintained in accordance with all conditions set by the Department of Public Works in the approved plan (Attachment C) and shall not impede the City’s or any other private or public utilities’ ability to maintain the road, sidewalk, parking meters, greenbelt, utility infrastructure, or any other City or private property. The seating/amenity shall not cause an obstruction or inconvenience to members of the public accessing the road, sidewalk, parking meters, greenbelt or any other City or private property. The seating area shall be removed from the public right of way when not in use by the establishment. 2 Page 52 of 67  Notwithstanding anything to the contrary herein, it is Licensee’s obligation to ensure the approved plan complies with applicable laws, including the Americans with Disabilities Act, all applicable regulations and design standards promulgated thereunder, and other applicable disability access laws. Any analysis done by the City regarding compliance of the plan with applicable laws is for the City’s sole and exclusive benefit, and Licensee shall not rely thereon. If the plan fails to comply with applicable laws, including disability access laws, then it is Licensee’s obligation to comply with the law and to request the City’s ratification of any change from the plan shown in Attachment C as soon as reasonably possible. An amendment to the plan in Attachment C to comply with applicable law shall require the written approval of the Public Works Director or designee without a formal amendment to this Agreement. C. Appearance. Licensee shall pick up and sweep debris created by its use of the public right-of- way. F. Emergency Access. In the event of an emergency relating to municipal operations, the City shall have the authority to remove or relocate the amenity to access any public infrastructure deemed necessary. License shall be solely responsible for all cost associated with relocation of seating area, and returning the structure the approved location in this agreement. 6. PAYMENT FOR LICENSE A. Encumbrance Fee. Licensee shall pay the City an Encumbrance Fee, as described in Attachment A. B. Initial License Fee. By signing this Agreement, the Parties acknowledge that Licensee has paid the City the licensee fee for the period beginning April 30, 2025 and ending September 15th, 2025. 7. INSURANCE A. Requirement. Licensee shall maintain throughout the term of this Agreement, and any subsequent extension or renewals, commercial general liability insurance from an insurance carrier rated A-:VII or higher by A.M. Best Co. and admitted in the State of Vermont, insuring against all legal liability for injuries or damages suffered as a result of the exercise of privileges granted by this Agreement in an amount not less than $1,000,000 each occurrence. The City shall be named as an additional insured on such insurance policy on a primary, non-contributory basis. B. Evidence. Prior to execution of this Agreement, Licensee shall furnish the City with a certificate of insurance and endorsement that includes the provision naming the City as an additional insured on a primary, non-contributory basis and waiving subrogation against the City. Licensee shall take all reasonable efforts to acquire an endorsement providing the City with thirty (30) days’ written notification of cancellation. If such endorsement is not reasonably available, then Licensee shall provide the City with notification of any impending cancellations within three (3) days after receipt of such notice from its insurance carrier. The current certificate of insurance and applicable endorsements are attached to this Agreement as Attachment D. C. Continuing Obligation. Licensee shall provide the City with an updated certificate of insurance and applicable endorsements annually on or before the certificate’s stated expiration. It is the responsibility of Licensee to ensure that a current certificate of insurance is on file with the City at all times. 3 Page 53 of 67 8. INDEMNIFICATION Licensee shall indemnify, defend, and hold harmless the City, its officers, officials, agents, and employees from liability for any claims, suits, expenses, losses, judgments, penalties, fines, costs (including attorneys’ fees and costs), and damages arising as a result of the Licensee’s acts and/or omissions, and the acts and/or omissions of Licensee’s officers, directors, employees, agents, contractors, subcontractors, customers/invitees, successors, or assigns arising from or related to Licensee’s use of the Premises or in connection with this Agreement or the privileges granted to it under this Agreement, excepting claims arising from the City’s gross negligence or willful misconduct. If the City, its officers, officials, agents, or employees are notified of any claims asserted against it to which this indemnification provision may apply, the City shall promptly thereafter notify the Licensee in writing that a claim to which the indemnification provision may apply has been received. Licensee shall promptly retain counsel and otherwise provide a complete defense against the entire claim or suit. The City retains the right to participate, at its own expense, in the defense of any claim, and to approve all proposed settlements of claims to which this provision applies. Under no conditions shall the City be obligated to indemnify the Licensee or any third party, nor shall the City be otherwise liable for expenses or reimbursement including attorney’s fees, collection costs, or other costs, of the Licensee or any third party. 9. RESPONSIBILITY FOR SUPERVISION: Licensee shall assume responsibility for general supervision of its contractors and any subcontractors, shall be solely responsible for all procedures, methods, and work, and shall be responsible to the City for all acts or omissions of its officers, employees, agents, contractors, subcontractors, or any other person related to any activity or work performed in connection with this Agreement or the privileges granted to Licensee under this Agreement. 10. PUBLIC RELATIONS Throughout the performance of the work, the Licensee will endeavor to maintain good relations with the public and any affected property owners. Personnel employed by or representing the Licensee shall conduct themselves with propriety. 11. PERMITS Licensee shall be responsible for obtaining all necessary City and/or State permits prior to performing any work on the Premises or in connection with this Agreement. 12. NUISANCES PROHIBITED Licensee shall not—during the term of this Agreement—on or in the Premises, maintain, commit, or permit the maintenance or commission of any nuisance or violation of any applicable City ordinance, State or Federal statute, or controlling law, regulation, or condition imposed whether existing at the time of commencement of this Agreement or enacted, amended, or otherwise put into effect during the term of this Agreement. 13. INSPECTION OF WORK The City shall, at all times, have access to the Premises for the purposes of inspection and the Licensee shall provide whatever access is considered necessary to accomplish such inspections. At any time, the Licensee shall permit the City or representative for the City the opportunity to inspect any plans, drawings, estimates, specifications, or other materials prepared or undertaken by the Licensee. 4 Page 54 of 67 14. ASSIGNMENT OF RIGHTS If Licensee sells the Property, Licensee may temporarily assign the privileges granted herein to the new owner of the Property for a period of sixty (60) days after closing. Any subsequent owner of the Property shall execute a new agreement with the City and provide proof of insurance within the sixty (60) day period. Failure to comply with this section shall constitute a discontinued use under §2.C.i of this Agreement. 15. LIMITATION OF RIGHTS; PROPERTY TAXES Licensee acknowledges that no title, estate, leasehold, easement, or other property interest or other right is created other than that specifically defined and limited by this Agreement. Any property tax liability arising from this Agreement under Vermont law, notwithstanding the foregoing, shall be the sole responsibility of Licensee. 16. WAIVER The City’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit or by lack of enforcement, shall not operate as a waiver, notwithstanding the passage of time. Waiver by the City may only occur through an expressed written waiver signed by an authorized representative of the City. No waiver of a breach of any of the covenants, agreements, or provisions contained in this Agreement shall be construed to be a waiver of any subsequent breach of the same or of any other provision in this Agreement. 17. ENTIRE AGREEMENT This Agreement contains the entire understanding of the Parties with respect to the subject matter of this Agreement. All prior representations and understandings related to Licensee’s use of the specified portions of the City’s right-of-way, oral or written, are merged into this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not have any force or effect whatsoever, unless embodied herein. 18. MODIFICATION Modifications to this Agreement shall only be valid if agreed to in a formal written amendment to this Agreement, properly executed and approved by the Parties. 19. THIRD PARTY BENEFICIARIES This Agreement does not confer any rights or remedies upon any person or entity other the Parties. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or benefits which third parties receive as a result of this Agreement are incidental to this Agreement and do not create any right for such third parties. 20. MISCELLANEOUS If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder shall remain in effect as necessary to effectuate the original intent of the Parties as closely as possible; provided, however, that if any provision hereof relating to indemnification or defense for the protection of the City and its taxpayers is held to be invalid and unenforceable, then this Agreement shall have no further prospective force or effect, but it shall be enforced to the fullest extent allowed by law for the protection of the City and its taxpayers with respect to prior transactions and 5 Page 55 of 67 occurrences. This Agreement shall be construed according to Vermont law, notwithstanding conflicts of law principles, and venue for any dispute arising from this Agreement shall be proper in Chittenden County, Vermont, notwithstanding any other law. This Agreement shall not be construed its drafter. In case of any dispute arising from this Agreement, the prevailing party shall be entitled to attorneys’ fees and costs. 21. ATTACHMENTS The following attachments are adopted, incorporated by reference, and made part of this Agreement: A. Attachment A: Licensee’s Application B. Attachment B: Department of Public Works Encumbrance Recommendation Form C. Attachment C: Photographs and Sketches of Encroachment D. Attachment D: Certificate of Insurance 22. ORDER OF PRECEDENT This Agreement shall control over any conflicting attachment. — Signature Page Follows — 6 Page 56 of 67 23. SIGNATURE PAGE Persons signing for the Parties hereby swear and affirm that they are authorized to act on behalf of their respective Party and acknowledge that the other Party is relying on their representations to that effect. This Agreement may be executed in counterparts, each of which shall be deemed an original. This Agreement may be executed electronically, and an electronic copy or other facsimile shall be treated as an original. The Parties hereto have executed this Agreement LICENSEE The Gryphon, LLC By: __________________________________ Thomas Chadwick (owner) Date: ____________________ CITY OF BURLINGTON By: _________________________________ Mayor Emma Mulvaney-Stanak Date: ____________________ 7 Page 57 of 67 REN-25-10 about:srcdoc Page 58 of 67 1 of 7 6/24/2025, 11:47 AM REN-25-10 about:srcdoc Page 59 of 67 2 of 7 6/24/2025, 11:47 AM REN-25-10 about:srcdoc Page 60 of 67 3 of 7 6/24/2025, 11:47 AM REN-25-10 about:srcdoc Page 61 of 67 4 of 7 6/24/2025, 11:47 AM REN-25-10 about:srcdoc Page 62 of 67 5 of 7 6/24/2025, 11:47 AM REN-25-10 about:srcdoc Page 63 of 67 6 of 7 6/24/2025, 11:47 AM REN-25-10 about:srcdoc Page 64 of 67 7 of 7 6/24/2025, 11:47 AM  GRYPREL-01 NPAVLIKOWSKI DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 6/20/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT John St. Louis PRODUCER NAME: HUB International New England PHONE FAX (A/C, No, Ext): (802) 876-1319 (A/C, No): 2 Railroad Str E-MAIL Essex Junction, VT 05452 ADDRESS: john.stlouis@hubinternational.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Union Mutual Fire Insurance Company 25860 INSURED INSURER B : Gryphon RE, LLC INSURER C : PO Box 1973 INSURER D : New London, NH 03257 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X BOP0229744 8/14/2024 8/14/2025 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 50,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) When required by written contract, City of Burlington, Burlington Public Works, Encumbrance Application Department is included as Additional Insured with respect to General Liability. 30 Days Notice of Cancellation applies. Endorsements will follow once processed by the carrier. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Burlington ACCORDANCE WITH THE POLICY PROVISIONS. Burlington Public Works Encumbrance Application Department 645 Pine Street AUTHORIZED REPRESENTATIVE Burlington, VT 05401 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 65 of 67 Page 66 of 67  DEPARTMENT OF PUBLIC WORKS 645 PINE STREET BURLINGTON, VT 05401 Voice: (802) 863-9094 Ext 3 Fax: (802) 863-0466 Email: dpwpinecustomerservice@burlingtonvt.gov DPW ENCUMBRANCE RECOMMENDATION FORM The Gryphon, LLC 8/13/25 DBA NAME: DATE: The Gryphon, LLC 802-489-5699 COMPANY NAME: PHONE: Thomas Chadwick tchadwick42@gmail.com CONTACT NAME: EMAIL: 131 Main Street , Burlington VT 05403 MAILING ADDRESS: 131 Main Street, Burlington VT 05403 LOCATION OF ENCUMBRANCE: FOR LONG-TERM ENCUMBRANCE, TABLE AND CHAIR ENCUMBRANCE, AND CONSTRUCTION ENCUMBRANCE 1. All encumbrances should be located on private property, if possible. In the opinion of the Excavation Inspector, is there an available alternative location for the requested encumbrance on private property? YES [ ] NO [ ] 2. Will there be sufficient width for plows, pedestrian access, and ADA requirements if the proposed encumbrance is added to the sidewalk/roadway/greenbelt? YES [ ] NO [ ] 3. Additional Comments: The Gryphon is to obstruct sidewalk on Main Street, with a 120 Square Feet outdoor seating area. 4. Has this business remained in compliance to date (RENEWALS ONLY)? YES [ ] NO [ ] 5. Describe the encumbrance, including square footage and location of items: Occupation of 120 square feet of the sidewalk on the South Side of Main Street. BELOW THIS LINE – DEPARTMENT OF PUBLIC WORKS OFFICE USE ONLY Approved: Yes [ ] No [ ] If no, reason: Signature: Alice Schwencke Date: 8/13/25 Page 67 of 67