License Committee — Burlington, VT
Date: 2026-05-13
Time: 18:00

City Council - License Committee

Wednesday, May 13, 2026, 6:00 PM, Bushor Conference Room, 149 Church Street, 1st
 Floor

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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
  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
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
 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

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




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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
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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
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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
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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


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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


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  (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

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  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

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  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


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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


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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




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 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.




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 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)




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 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

 –


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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




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REN-26-3 about:srcdoc



 Due
 Label Activated Completed Assignee Status
 Date

 Encumbrance Inactive
 - - - -
 Permit Issuance




 Page 74 of 102
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 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




.

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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? Yes or No



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BURLINGTON CITY COUNCIL - LICENSE COMMITTEE
 BUSHOR CONFERENCE ROOM, 149 CHURCH STREET, 1ST FLOOR
 MINUTES OF MEETING
 May 13, 2026




1. Agenda
1. Agenda
Chair Broderick convened the meeting at 5:46 pm.
Members present: Chair Broderick (in person); City Council President Traverse and Councilor Grant (both
online)
Others present: Lori Olberg (in person); Zach Williamson and Samantha McGinnis (both online)

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
1.1. Motion to adopt agenda
Motion made by Councilor Grant, seconded by City Council President Traverse, to approve the agenda as
presented. Motion passed unanimously.


2. Public Forum
2. Public Forum
Chair Broderick opened Public Forum at 5:46 pm.
Chair Broderick closed Public Forum at 5:46 pm.

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


Category 2. Public Forum

Department Council and Board
Type Action
 Procedural


Recommended Action open Public Forum
 close Public Forum
2.1. Verbal Comments


3. Consent Agenda
3. Consent Agenda
NONE.

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
3.1. Motion to adopt the consent agenda and take the actions indicated


4. Deliberative Agenda
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
4.1. 202 Main Street Burlington - Encumbrance Permit Application - Outdoor Seating Area - DPW
DPW Alice Schwencke spoke to this agenda item.
Motion made by Councilor Grant, seconded by City Council President Traverse, to approve the motion as
presented. Motion passed unanimously.
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


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
4.2. DEW Construction Corp. - 25 Cherry Street - License Agreement Amendment Request - DPW
DPW Alice Schwencke spoke to this agenda item.
Motion made by Councilor Grant, seconded by City Council President Traverse, to approve the motion as
presented. Motion passed unanimously.


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
4.3. 260 North Street Burlington - Encumbrance Permit Application - Outdoor Seating Area - DPW
DPW Alice Schwencke spoke to this agenda item.
Motion made by Councilor Grant, seconded by City Council President Traverse, to approve the motion as
presented. Motion passed unanimously.


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
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
BCA Zach Williamson spoke to this agenda item. June 12th and 13th.
Motion made by Councilor Grant, seconded by City Council President Traverse, to approve the motion as
presented. Motion passed unanimously.


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


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
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
Motion made by Councilor Grant, seconded by City Council President Traverse, to approve the motion as
presented. Motion passed unanimously.


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
4.6. Umbrella Entertainment Permit Application (June 3 - 7, 2026): Flynn Center for Performing Arts,
Jazzfest, various locations around the City
Flynn Deb Vandergrift spoke to this agenda item.
Motion made by Councilor Grant, seconded by City Council President Traverse, to approve the motion as
presented. Motion passed unanimously.


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
4.7. Sworn Complaint Regarding Red Square
Chad Tyler was present, DC Jonathan Young was present.
Motion made by Councilor Grant, seconded by City Council President Traverse, to waive the reading, accept
the sworn complaint, place it on file and note that the Committee will be working with the City Attorney's
Office to determine next steps and also have this agenda item be on the next License Committee Meeting
Agenda. Motion passed unanimously.


5. Adjournment
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
5.1. Motion to adjourn
Chair Broderick adjourned the meeting at 6:27 pm.