License Committee

City Council - License Committee Wednesday, May 13, 2026, 6:00 PM, Bushor Conference Room, 149 Church Street, 1st Floor Join from PC, Mac, iPad, or Android: https://zoom.us/j/96586329111 Phone one-tap: +16469313860, 96586329111# US Join via audio: +1 646 931 3860 US Webinar ID: 965 8632 9111 International numbers available: https://zoom.us/u/acP0PREKY4 1. Agenda Subject 1.1. Motion to adopt agenda Meeting May 13, 2026 - City Council License Committee Meeting - Wednesday, May 13, 2026, 6:00 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 1. Agenda Department Council and Board Type Action Procedural Recommended Action Motion to adopt agenda 2. Public Forum Subject 2.1. Verbal Comments Meeting May 13, 2026 - City Council License Committee Meeting - Wednesday, May 13, 2026, 6:00 PM, Bushor Conference Room, 149 Church Street, 1st Floor Page 1 of 102  Category 2. Public Forum Department Council and Board Type Action Procedural Recommended Action open Public Forum close Public Forum 3. Consent Agenda Subject 3.1. Motion to adopt the consent agenda and take the actions indicated Meeting May 13, 2026 - City Council License Committee Meeting - Wednesday, May 13, 2026, 6:00 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 onsent agenda and take the actions indicated 4. Deliberative Agenda Subject 4.1. 202 Main Street Burlington - Encumbrance Permit Application - Outdoor Seating Area - DPW Meeting May 13, 2026 - City Council License Committee Meeting - Wednesday, May 13, 2026, 6:00 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 the address located at 202 Main Street, requesting use of a section of sidewalk located on Main Street for an outdoor seating 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 4.2. DEW Construction Corp. - 25 Cherry Street - License Agreement Amendment Request - DPW Meeting May 13, 2026 - City Council License Committee Meeting - Wednesday, May 13, 2026, 6:00 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 4. Deliberative Agenda Department Public Works Department Page 2 of 102 Type Action Recommended Action to approve and recommend that the City Council approve the First Amendment to License Agreement between the City and DEW Construction Corp. dated November18th 2025, in order to extend the term of the agreement through until July 3rd, 2026, granting use of the City right-of-way for construction fencing located at 25 Cherry Street; and, to authorize the Mayor to execute the First Amendment to the License Agreement with the Applicant subject to approval by the City Attorney’s Office Subject 4.3. 260 North Street Burlington - Encumbrance Permit Application - Outdoor Seating Area - DPW Meeting May 13, 2026 - City Council License Committee Meeting - Wednesday, May 13, 2026, 6:00 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 the address located at 260 North Street, requesting use of a section of sidewalk located on North Winooski for an outdoor seating 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 4.4. Special Event Outdoor Entertainment Permit Application (two days only): Burlington City Arts, City Hall Park, June 12 & 13, 2026, 6:00 pm - 11:30 pm, FIFA World Cup games Meeting May 13, 2026 - City Council License Committee Meeting - Wednesday, May 13, 2026, 6:00 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 4. Deliberative Agenda Department Department of Finance and Administration Type Action Recommended Action approve the two day only special event outdoor entertainment permit application for Burlington City Arts, City Hall Park, June 12 & 13, 2026, 6:00 pm - 11:30 pm, FIFA World Cup games Subject 4.5. Special Event Outdoor Entertainment Permit Application (one day only): Burlington Odd Fellows, 1416 North Avenue, June 27, 2026, 12 pm - 8 pm, Outdoor Festival Meeting May 13, 2026 - City Council License Committee Meeting - Wednesday, May 13, 2026, 6:00 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 4. Deliberative Agenda Department Department of Finance and Administration Type Action Page 3 of 102  Recommended Action approve the one day only Special Event Outdoor Entertainment Permit Application for Burlington Odd Fellows, 1416 North Avenue, June 27, 2026, 12 pm - 8 pm, Outdoor Festival Subject 4.6. Umbrella Entertainment Permit Application (June 3 - 7, 2026): Flynn Center for Performing Arts, Jazzfest, various locations around the City Meeting May 13, 2026 - City Council License Committee Meeting - Wednesday, May 13, 2026, 6:00 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 4. Deliberative Agenda Department Department of Finance and Administration Type Action Recommended Action approve the Umbrella Entertainment Permit Application for Flynn Center for Performing Arts, Jazzfest, various locations around the City, June 3 - 7, 2026 Subject 4.7. Sworn Complaint Regarding Red Square Meeting May 13, 2026 - City Council License Committee Meeting - Wednesday, May 13, 2026, 6:00 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 4. Deliberative Agenda Department Department of Finance and Administration Type Action Recommended Action waive the reading, accept the sworn complaint and place it on file 5. Adjournment Subject 5.1. Motion to adjourn Meeting May 13, 2026 - City Council License Committee Meeting - Wednesday, May 13, 2026, 6:00 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 4 of 102  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: May 13th, 2026 / May 18th, 2026 CC: Laura Wheelock, P.E.; Division Director of Public Works/City Engineer Chapin Spencer, Director of Public Works. Corey Mims, P.E. Senior Public Works Engineer RE: 202 Main Street Burlington–Encumbrance Permit Application – Outdoor Seating Area Request The Applicant, Bar Renee, LLC, the bar located at 202 Main Street Burlington is requesting approval for a two hundred and fifty square feet (250) of sidewalk area. The outdoor seating area facing Main Street adjacent to the Bar Renee Entrance. The request, if approved, will provide an outdoor seating area to boost sales and provide a more welcoming business front to welcome new and returning patrons 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 Donald Leopold of Bar Renee submitted an encumbrance permit application to the Department of Public Works on April 17th 2026, requesting to occupy Two hundred and fifty (250) square feet of City right-of-way space on the North sidewalk brick area of Main Street. Main Street sidewalk is part of the Great Street Build downtown Burlington has expanded to accommodate outdoor seating and structures in front of the business Bar Renee allowing for ample space to conduct outdoor services The seating area meets all the requirements to occupy the public right-of-way and will not impede the sidewalk or traveled lanes on Main Street. The outdoor seating area will be utilized by Bar Renee during normal business hours. During times when the business is not open, the tables and chairs will be properly stored and locked. At the end of the season tables and chairs will be removed and stowed from the City right of way. Page 5 of 102 RE: 202 Main Street May 13, 2026 Page | 2 of 2 The Applicant will be responsible for any future maintenance, repairs, cleanliness and any other conditions as defined in the License Agreement. Bar Renee will occupy the sidewalk from May 1st 2026 to October 20th 2026. Items will be removed from the street at the end of the date for the winter months. 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 D. Certificate of Insurance Motions: License Committee: “To approve and recommend that the City Council approve the Encumbrance Application for the address located at 202 Main Street, requesting use of a section of sidewalk located on Main Street for an outdoor seating 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 Bar Renee at 202 Main Street requesting use of the sidewalk area for an outdoor seating area and 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 6 of 102  ENCUMBRANCE PERMIT AND LICENSE AGREEMENT Bar Renee, LLC 202 Main 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 (the “City”) organized and validly existing under the laws of the State of Vermont, and Bar Renée LLC, a Vermont limited liability company (“Licensee”) located at 202 Main Street Burlington, VT 05401. 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 202 Main Street Burlington. Licensee has submitted an encumbrance application seeking the continued occupation of City right-of-way on Main Street according to Licensee’s application, it will cover 250 square foot area of the public sidewalk and brick area. 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 North side of Main Street adjacent to Bar Renée entrance. E. “Property” means the building located at 202 Main Street in Burlington, Vermont, 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 April 30, 2027. 1 Page 7 of 102  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 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 202 Main Street, totaling an area of Two hundred and fifty (250) 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. Licensee 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. 2 Page 8 of 102  B. Licensee 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. All costs associated with the maintenance and upkeep of the encumbered area are solely the responsibility of Bar Renee. C. Licensee shall not allow obstructions and interferences in the lines of sight on the Premises or the adjacent area. D. Licensee shall be responsible for the maintenance and associated repair of approximately 250 square feet of the sidewalk on Main 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 on the Effective Date and continuing until April 30, 2027. C. Parking Meter Fee. Licensee shall pay all associated parking meter fees if required. 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 E. 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 3 Page 9 of 102  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 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 patrons and staff, 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 encumbrance term, 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 providing any services 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. 4 Page 10 of 102 13. 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 §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 5 Page 11 of 102  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. 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 12 of 102 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 By: __________________________________ [Donald Leopold, Owner] Date:____________________ By: ________________________________ Diandre Prendimano, Employee] Date: ____________________ CITY OF BURLINGTON By: _________________________________ Mayor Emma Mulvaney-Stanak Date: ____________________ 7 Page 13 of 102 REN-26-6 about:srcdoc Right-of-Way Encumbrance Application Type of Encumbrance Requested* Renewal ?* Seating / Sign / Structure / Amenity No Encumbrance Encumbrance Description* Location of Encumbrance * Will City Parking Spaces be Encumbered?* 202 Main st sidewalk No Parking Encumbrance Fees Apply* – 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 05/01/2026 Encumbrance End Date Area Encumbered (Square Feet) 11/30/2026 250 Number of Tables Number of Chairs 6 18 Page 14 of 102 1 of 5 4/20/2026, 2:45 PM REN-26-6 about:srcdoc Company Information Company Name DBA Name Bar Renee LLC Phone FAX (802) 540-1477 Street Address City, State Zip 202 Main st burlington, VT 05401 Email info@barrenee.com Instructions Please Attach: 1. Certificate of Liability Insurance with holder as the “CITY OF BURLINGTON, BURLINGTON PUBLIC WORKS, ENCUMBRANCE APPLICATION DEPT., 645 PINE ST, BURLINGTON, VT 05401”. 2. 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. 3. Endorsement to Insurance Policy (separate from the Certificate of Insurance) specifically listing the City as Additional Insured. 4. Sketch, photo, or blueprint of what you are proposing. 5. 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 15 of 102 2 of 5 4/20/2026, 2:45 PM REN-26-6 about:srcdoc Please Attach: 1. Certificate of Liability Insurance with holder as the “CITY OF BURLINGTON, BURLINGTON PUBLIC WORKS, ENCUMBRANCE APPLICATION DEPT., 645 PINE ST, BURLINGTON, VT 05401”. 2. 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. 3. Endorsement to Insurance Policy (separate from the Certificate of Insurance) specifically listing the City as Additional Insured. 4. Sketch, photo, or blueprint of what you are proposing. 5. 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. Please Attach: 1. Certificate of Liability Insurance with holder as the “CITY OF BURLINGTON, BURLINGTON PUBLIC WORKS, ENCUMBRANCE APPLICATION DEPT., 645 PINE ST, BURLINGTON, VT 05401”. 2. 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. 3. Endorsement to Insurance Policy (separate from the Certificate of Insurance) specifically listing the City as Additional Insured. 4. Sketch, photo, or blueprint of what you are proposing. 5. 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) Page 16 of 102 3 of 5 4/20/2026, 2:45 PM REN-26-6 about:srcdoc 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. 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 17 of 102 4 of 5 4/20/2026, 2:45 PM REN-26-6 about:srcdoc City Council Approval Date – Attachments Bar Renee Encumbrance rendering.jpg Bar Renee Encomrance rendering.jpg Uploaded by Donald Leopold on Apr 17, 2026 at 1:15 PM Insurance for Encumbrance.pdf Insurance for Encumbrance.pdf Uploaded by Donald Leopold on Apr 17, 2026 at 1:17 PM Record Activity Timeline Due Label Activated Completed Assignee Status Date Encumbrance 4/17/2026, Alice Active - - Permit Review 1:17:16 PM Schwencke Encumbrance Donald Inactive - - - Fee Payment Leopold City Council Inactive - - - - Approval Encumbrance Inactive - - - - Permit Issuance Page 18 of 102 5 of 5 4/20/2026, 2:45 PM Dear Licensing Committee Members, The Department of Public Works recommends approval of the Encumbrance Permit Application submitted by Bar Renee for the use of public right-of-way at 202 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. Bar Renee, LLC is requesting this encumbrance on the north side of Main Street, adjacent to business front. This encumbrance is to include a two hundred and fifty (250) square foot outdoor seating area within the limits of the new City of Burlington Great Street designed sidewalk area in front of 202 Main Street, Bar Renee. This outdoor seating area will provide an area during the warmer months, by boosting the visibility of Bar Renee and fulfilling the design intention of the newly redesigned Main Street. 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, with the ability to renew the permit yearly. 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 consideration on this matter. Should you require further information, I am available at ASchwencke@burlingtonvt.gov or 802-495-6176. Sincerely, Alice Schwencke Excavation Inspector Department of Public Works City of Burlington aschwencke@burlingtonvt.gov 802-495-6176 Page 19 of 102  29'-4" R4 7' R4 R4 Curb Main St. Entrance 16' 6'-8" R4 Bike Lane R4 R4 R4 3'-3 1 2" 3 1 2" Page 20 of 102  BARRENE-01 DBLOW DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 5/7/2026 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 Diana Blow PRODUCER NAME: HUB International New England PHONE FAX (A/C, No, Ext): (802) 876-1314 (A/C, No): (802) 288-8012 2 Railroad Str E-MAIL Essex Junction, VT 05452 ADDRESS: diana.blow@hubinternational.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Cincinnati Indemnity Company 23280 INSURED INSURER B : Bar Renee LLC INSURER C : 202 Main St INSURER D : Burlington, VT 05401 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 X EPP 0743972 4/12/2026 4/12/2027 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 500,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X 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 $ $ A WORKERS COMPENSATION X PER STATUTE OTH- ER AND EMPLOYERS' LIABILITY Y/N EWC 0743973 4/12/2026 4/12/2027 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 500,000 If yes, describe under 500,000 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) RE: Terrace Space, 202 Main St, Burlington VT 05401 Certificate holder is listed as Additional Insured in regards to the Liability coverage for the Terrace Space mentioned above Cancellation Clause: General Liability: 10 Days cancellation applies for Non-Payment; 30 days cancellation applies for all other reasons. Worker's Compensation: 45 days cancellation applies 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 City Hall 149 Church Street Burlington, VT 05401 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 21 of 102  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: Licensing Committee – City Council FROM: Alice Schwencke, Excavation Inspector, Department of Public Works DATE: May 13th, 2026/May 18th, 2026 CC: Laura Wheelock, P.E., City Engineer Chapin Spencer, Director of Public Works Corey Mims, P.E. Senior Public Works Engineer RE: DEW Construction Corp.– 25 Cherry Street – License Agreement Amendment Request Request The applicant, DEW Construction Corp. is requesting approval for a First Amendment to License Agreement between the City and DEW Construction for use of the public right-of-way located on the South side of Cherry Street between Church and Battery Street. The request, if approved, will extend the expiration date for a chain link construction fence to be placed around the perimeter of the encumbrance area located on the sidewalk, greenbelt, and parking stalls of the public right-of-way 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 Department of Public Works received an encumbrance application request from DEW Construction on September 4th, 2025, to occupy an area of the sidewalk, greenbelt, and parking stalls adjacent to the building at 25 Cherry Street. The obstruction is for construction activities and public protection related to hotel rebranding at 25 Cherry Street, as approved by Encumbrance Permit REN-25-12. DEW Construction Corp. has requested an extension to the term date of the License Agreement and Encumbrance Permit, set to expire on May 15th 2026. The project has been subject to delays in the building process due to supply chain issues, and subsequent changes in the phasing schedule. The applicant is requesting to extend the expiration date to July 3rd 2026, with hopes of completing the work by the end of June 2026. Page 22 of 102 RE: DEW Construction Corp. – 25 Cherry Street May 13th 2026 Page | 2 of 2 Recommendation The Department of Public Works is supportive of entering into a First Amendment to the License Agreement between the applicant and the City. Thank you for consideration of this request, please do not hesitate to contact me directly at Aschwencke@burlingtonvt.gov or 802-495-6176. Attachment A. First Amendment to License Agreement between City and DEW Construction Corporation. B. DEW Construction Corp. - Encumbrance License Agreement – 25 Cherry Street Motions: License Committee: “To approve and recommend that the City Council approve the First Amendment to License Agreement between the City and DEW Construction Corp. dated November18 th 2025, in order to extend the term of the agreement through until July 3rd, 2026, granting use of the City right-of-way for construction fencing located at 25 Cherry Street; and, to authorize the Mayor to execute the First Amendment to the License Agreement with the Applicant subject to approval by the City Attorney’s Office. City Council: “To approve the First Amendment to License Agreement between the City and DEW Construction Corp. dated November 18th 2025, in order to extend the term of the agreement through until July 3rd, 2026, granting use of the City right-of-way for construction fencing located at 25 Cherry Street; and, to authorize the Mayor to execute the First Amendment to the License Agreement with the Applicant subject to approval 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 23 of 102  FIRST AMENDMENT TO THE AGREEMENT BETWEEN DEW CONSTRUCTION AND THE CITY OF BURLINGTON REGARDING CONSTRUCTION ENCUMBRANCE PERMIT AND LICESNE AGREEMENT A first amendment to the Agreement between DEW Construction Corp., and The City of Burlington regarding Construction Encumbrance Permit and License Agreement (the First Amendment”) is made and entered into as of the _____ day of May, 2026 by and between the City of Burlington, a Vermont municipal corporation (“City”), and DEW Construction (“Licensee”) (collectively, “the parties”). Background A. The parties entered into that certain agreement, dated as of December 12, 2025 (the “Agreement”) in order to maintain barricade fencing extending into the public rights-of- way adjacent to 25 Cherry Street, on the South side of Cherry Street between Battery and Church Street, covering an area of 4,150 sq. ft., including 11 spaces of metered parking B. The parties agreed that Licensee may use and maintain the occupied portion of the street and sidewalks existing in the City’s rights-of-way, which must be maintained and placed exactly as described in the plan approved by the Department of Public Works. C. The parties desire to enter into this First Amendment in order to: 1) Amend the term date of the original agreement to expire on July 3rd , 2026. NOW THEREFORE, in consideration of the Background described above and other good and valuable consideration, IT IS AGREED by and between the City and DEW Construction Corp. as follows: 1. In Section 3(B), Term, paragraph 1, the original text shall be revised as follows, with deletions indicated by strikethroughs and additions indicated by underlines: This Agreement shall commence on the Effective Date and expire on May 15, 2026 July 3, 2026. 2. In Section 5(B) Initial License Fee, paragraph 1, the original text shall be revised as follows, with deletions indicated by strikethroughs and additions indicated by underlines: By signing this Agreement, the Parties acknowledge that Licensee has paid the City Page 1 of 2 Page 24 of 102  the licensee fee for the period beginning on the effective date and ending May 15th 2026 July 3, 2026. 3. Except as specifically amended by the terms of this First Amendment, the Agreement remains in full force and effect. Unless specifically defined in this First Amendment, all terms shall have the meanings contained in the Agreement. IN WITNESS WHEREOF, this First Amendment is executed as of the day and date first above written. CITY OF BURLINGTON, VERMONT By: ___________________________________ Emma Mulvaney-Stanak Duly Authorized Agent DEW Construction Corp. By: ___________________________________ Duly Authorized Agent ____________________________ Mark Selig, Project Manager Page 2 of 2 Page 25 of 102 Page 26 of 102 Page 27 of 102 Page 28 of 102 Page 29 of 102 Page 30 of 102 Page 31 of 102 Page 32 of 102 Page 33 of 102 Page 34 of 102 Page 35 of 102 Page 36 of 102 Page 37 of 102 Page 38 of 102 Page 39 of 102 Page 40 of 102 Page 41 of 102 Page 42 of 102 Page 43 of 102 Page 44 of 102 Page 45 of 102 Page 46 of 102 Page 47 of 102 Page 48 of 102 Page 49 of 102 Page 50 of 102 Page 51 of 102 Page 52 of 102 Page 53 of 102 Page 54 of 102 Page 55 of 102 Page 56 of 102 Page 57 of 102 Page 58 of 102 Page 59 of 102  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: May 13th, 2026 CC: Laura Wheelock, P.E.; Division Director of Public Works/City Engineer Chapin Spencer, Director of Public Works. RE: 260 North Street Burlington–Encumbrance Permit Application – Outdoor Seating Area Request The Applicant, TWF Culinary LLC D/B/A The Wise Fool, the restaurant located at 260 North Street Burlington is requesting approval for a 4’x9’ sidewalk area, a total of thirty-six square feet (36’) outdoor seating area facing North Winooski adjacent to the The Wise Fool Entrance. The request, if approved, will provide an outdoor seating area to boost sales and provide a more welcoming business front to welcome new and returning patrons 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 Rebecca Christie of The Wise Fool submitted an encumbrance permit application to the Department of Public Works on March,9th 2026, requesting to occupy Thirty-Six (36) square feet of City right-of-way space on the West sidewalk of North Winooski Street. The sidewalk in that area widens towards the business front of The Wise Fool allowing for ample space for an outdoor seating area. The 4’x9’ seating area meets all the requirements to occupy the public right-of-way and will not impede the sidewalk or traveled lanes on North Winooski Street. The outdoor seating area will be utilized by the Wise Fool during normal business hours. During times when the business is not open, the tables and chairs will be properly stored and locked. At the end of the season tables and chairs will be removed and stowed from the City right of way. Page 60 of 102 RE: 260 North Street May 13, 2026 Page | 2 of 2 The Applicant will be responsible for any future maintenance, repairs, cleanliness and any other conditions as defined in the License Agreement. The Wise Fool will occupy the sidewalk from May 1st 2026 to October 20th 2026. Items will be removed from the street at the end of the date for the winter months. 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. Encumbrance agreement Motions: License Committee: “To approve and recommend that the City Council approve the Encumbrance Application for the address located at 260 North Street, requesting use of a section of sidewalk located on North Winooski for an outdoor seating 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 TWF Culinary,LLC, d/b/a The Wise Fool at 260 North Street requesting use of the sidewalk area for an outdoor seating area and 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 61 of 102  ENCUMBRANCE PERMIT AND LICENSE AGREEMENT TWF Culinary, LLC DBA The Wise Fool 260 North 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 TWF Culinary, LLC DBA The Wise Fool located at 260 North Street Burlington VT 05401, . 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 260 North Street Burlington. Licensee has submitted a encumbrance application seeking the occupation of City right-of-way on North Winooski Ave for outdoor seating. According to Licensee’s application, it will cover 36 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 North Winooski adjacent to The Wise Fool entrance. E. “Property” means the building located at 260 North Street in Burlington, Vermont, 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 5/1/2027 C. Termination. This Agreement may be terminated as set forth in this paragraph (C). Upon 1 Page 62 of 102  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 260 North Street, totaling an area of 36 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. The Wise Fool 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. The Wise Fool 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 63 of 102  All costs associated with the maintenance and upkeep of the encumbered area are solely the responsibility of The Wise Fool. C. The Wise Fool shall not allow obstructions and interferences in the lines of sight on the Premises or the adjacent area. D. The Wise fool shall be responsible for the maintenance and associated repair of approximately 36 square feet of the sidewalk on North Winooski. 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 [05/31/2026] and ending [04/30/2027]. 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 64 of 102  (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 patrons and staff, 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 65 of 102  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 66 of 102  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 67 of 102 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 By: __________________________________ [Elliot lbert Sion, Owner] By: ________________________________ [Rebecca Christie, Owner] Date: 5/5/2026 ____________________ CITY OF BURLINGTON By: _________________________________ Mayor Emma Mulvaney-Stanak Date: ____________________ 7 Page 68 of 102 REN-26-3 about:srcdoc Right-of-Way Encumbrance Application Type of Encumbrance Requested* Renewal ?* Seating / Sign / Structure / Amenity No Encumbrance Encumbrance Description* Location of Encumbrance * Will City Parking Spaces be Encumbered?* 260 North Street Burlington, VT 05401 No Parking Encumbrance Fees Apply* – 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 0 05/01/2026 Encumbrance End Date Area Encumbered (Square Feet) 10/31/2026 40 Number of Tables Number of Chairs 2 6 Page 69 of 102 1 of 6 4/10/2026, 12:23 PM REN-26-3 about:srcdoc Company Information Company Name DBA Name TWF Culinary LLC The Wise Fool Phone FAX 802-363-7015 Street Address City, State Zip 60 Winooski Falls Way, Unit 1307 Winooski, VT 05404 Email becca@wisefoolvt.com Instructions Please Attach: 1. Certificate of Liability Insurance with holder as the “CITY OF BURLINGTON, BURLINGTON PUBLIC WORKS, ENCUMBRANCE APPLICATION DEPT., 645 PINE ST, BURLINGTON, VT 05401”. 2. 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. 3. Endorsement to Insurance Policy (separate from the Certificate of Insurance) specifically listing the City as Additional Insured. 4. Sketch, photo, or blueprint of what you are proposing. 5. 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 70 of 102 2 of 6 4/10/2026, 12:23 PM REN-26-3 about:srcdoc Please Attach: 1. Certificate of Liability Insurance with holder as the “CITY OF BURLINGTON, BURLINGTON PUBLIC WORKS, ENCUMBRANCE APPLICATION DEPT., 645 PINE ST, BURLINGTON, VT 05401”. 2. 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. 3. Endorsement to Insurance Policy (separate from the Certificate of Insurance) specifically listing the City as Additional Insured. 4. Sketch, photo, or blueprint of what you are proposing. 5. 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. Please Attach: 1. Certificate of Liability Insurance with holder as the “CITY OF BURLINGTON, BURLINGTON PUBLIC WORKS, ENCUMBRANCE APPLICATION DEPT., 645 PINE ST, BURLINGTON, VT 05401”. 2. 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. 3. Endorsement to Insurance Policy (separate from the Certificate of Insurance) specifically listing the City as Additional Insured. 4. Sketch, photo, or blueprint of what you are proposing. 5. 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) Page 71 of 102 3 of 6 4/10/2026, 12:23 PM REN-26-3 about:srcdoc 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. 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 72 of 102 4 of 6 4/10/2026, 12:23 PM REN-26-3 about:srcdoc City Council Approval Date – Attachments TWF Culinary COI_CITYOFBURLINGTON.pdf TWF Culinary COI_CITYOFBURLINGTON.pdf Uploaded by Rebecca Christie on Feb 24, 2026 at 11:48 AM TWF Storefront Photo.png TWF Storefront Photo.png Uploaded by Rebecca Christie on Mar 9, 2026 at 2:35 PM TWF Patio Sketch.jpeg IMG_6245.jpeg Uploaded by Rebecca Christie on Mar 9, 2026 at 2:37 PM Record Activity Timeline Due Label Activated Completed Assignee Status Date Encumbrance 3/9/2026, Alice Active - - Permit Review 2:38:45 PM Schwencke Encumbrance Rebecca Inactive - - - Fee Payment Christie City Council Inactive - - - - Approval Page 73 of 102 5 of 6 4/10/2026, 12:23 PM REN-26-3 about:srcdoc Due Label Activated Completed Assignee Status Date Encumbrance Inactive - - - - Permit Issuance Page 74 of 102 6 of 6 4/10/2026, 12:23 PM  CITY OF BURLINGTON DEPARTMENT OF PUBLIC WORKS 645 Pine Street Post Office Box 849 Burlington, Vermont 05402-0849 802.863.9094 VOX 802.863.0466 FAX 802.863.0450 TTY DPW ENCUMBRANCE RECOMMENDATION FORM DBA NAME:_TWF Culinary LLC____ DATE: _5/1/26_________________ COMPANY NAME: The Wise Fool PHONE:__ (802)-363-7015________ CONTACT NAME: Rebecca Christie_________ EMAIL: Becca@wisefoolvt.com MAILING ADDRESS:_60 Winooski Falls Way, Unit 1307 05404__ LOCATION OF ENCUMBRANCE: __260 North Street Burlington VT 05401___________ FOR LONG-TERM ENCUMBRANCE, ADA RAMP AND FRONT ENTRY LANDING AREA 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 [ X ] 2. Will there be sufficient width for plows , pedestrian access, and ADA requirements if the proposed encumbrance is added to the sidewalk/roadway green belt YES [ X ] NO [ ] 3. Additional Comments: _Public Sidewalk to remain clear. No impact to designated sidewalk. ___________________________________________________________________________ ___________________________________________________________________________ 4. Has this business remained in compliance to date (Renewals only)? YES [ ] NO [ ] . Page 75 of 102  CITY OF BURLINGTON DEPARTMENT OF PUBLIC WORKS 645 Pine Street Post Office Box 849 Burlington, Vermont 05402-0849 802.863.9094 VOX 802.863.0466 FAX 802.863.0450 TTY 5. Describe the encumbrance, including square footage and location of items._____________ 36 square feet on the West side of North Winooski Street. Encumbrance will have two tables three chairs each. ______________________________________________________________________________ BELOW THIS LINE – DEPARTMENT OF PUBLIC WORKS OFFICE USE ONLY ______________________________________________________________________________ Approved: Yes [X] No [ ] If no, reason: __________________________ Signature: __________________________ Date:__ 4/10/2026 ____________ Alice Schwencke Excavation Inspector Burlington Department of Public Works 645 Pine Street Burlington, VT 05401 802.495.6176 cmanna@burlingtonvt.gov . Page 76 of 102 Page 77 of 102 Page 78 of 102 Page 79 of 102  AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 80 of 102  Fee $25.00 May 1, 2026 ---- April 30, 2027 CITY OF BURLINGTON SPECIAL EVENT ENTERTAINMENT PERMIT APPLICATION D Indoor D Outdoor PART I ORGANIZATION All information in this section is required 1. Corporation/Sole Proprietor name_Burlington City Arts______ 2. D/B/A (Business Name)________ 3. Bus. Phone _802-846-2523_ 4. Business Address_135 Church Street, Burlington, VT 05401_________ 5. Mailing Address _______________________ 6. Contact person Zach Williamson__ 7. Contact Phone _802-846-2523 8. Email contact address _zwilliamson@burlingtoncityarts.org_ PART II OPERATION 1. Do you currently have a Liquor License? Yes or No 2. Do you currently have an Entertainment Permit/Special Event Permit? Yes or No 3. Proposed Date(s) for this Special Event _June 12 & 13, 2026_. 4. Proposed Hours for this Special Event _6pm-11 :30pm_____ 5. Proposed Location for this Special Event Specify if event will be on City street or right-of-way _City Hall Park_________________ For this Proposed location please answer the following questions: a) Occupancy Load_500_ b) # of Restrooms _3_ c) # of Egresses_multiple_ d) Date of last Fire/Safety Check _n/a__ e) Dancing by Patrons? Yes or No f) Amplified Music? Yes or No g) Will additional staff and/or security be required? 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