License Committee — Burlington, VT
Date: 2025-08-20
Time: 16:30

City Council - License Committee

 Wednesday, August 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street,
 1st Floor


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https://zoom.us/j/92673921126
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Webinar ID: 926 7392 1126
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1. Agenda
  Subject 1.1. Motion to adopt agenda
  Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


  Category 1. Agenda

  Department Council and Board


  Type Action
 Procedural


  Recommended Action Motion to amend/adopt the agenda as follows: add to the consent agenda item 3.8.
 Communication: BPD, re: UVM New President Installation Ceremony & Procession,
 September 30, 2025, 11 am - 5 pm; add to the consent agenda item 3.9.
 Communication: BPD, re: Block Party, September 6, 2025 (rain date September 7,
 2025), Killarney Drive, 4 pm - 9 pm

2. Public Forum
  Subject 2.1. Verbal Comments
  Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


  Category 2. Public Forum

  Department Council and Board
 Type Action
 Procedural


 Recommended Action open Public Forum
 close Public Forum

3. Consent Agenda
 Subject 3.1. Motion to adopt the consent agenda (as amended) and take the actions
 indicated
 Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


 Category 3. Consent Agenda

 Department Council and Board


 Type Action (Consent)
 Procedural


 Recommended Action Motion to adopt the consent agenda (as amended) and take the actions indicated

 Subject 3.2. Communication: BPD, re: Vermont Rises, June 14, 2025, 11:15 am - 11:45
 am, Begin at City Hall Park and end at Waterfront Park
 Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


 Category 3. Consent Agenda

 Department Police Department


 Type Action (Consent)
 Communication
 Information


 Recommended Action waive the readng, accept the communication and place it on file

 Subject 3.3. Communication: BPD, re: Block Party, July 26, 2025, 9 am - 5 pm, Decatur
 Street
 Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


 Category 3. Consent Agenda

 Department Police Department


 Type Action (Consent)
 Communication
 Information


 Recommended Action waive the reading, accept the communication and place it on file

 Subject 3.4. Communication: BPD, re: Block Party, August 9, 2025, Spring Street, 11
 am - 2 pm
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 3. Consent Agenda

Department Police Department


Type Action (Consent)
 Communication
 Information


Recommended Action waive the reading, accept the communication and place it on file

Subject 3.5. Communication: BPD, re: Block Party, August 16, 2025, Convent Square, 5
 pm - 10 pm
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 3. Consent Agenda

Department Police Department


Type Action (Consent)
 Communication
 Information


Recommended Action waive the reading, accept the communication and place it on file

Subject 3.6. Communication: BPD, re: UVM First Year Student Move-in Days, August 20
 - 21, 2025, University Heights
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 3. Consent Agenda

Department Police Department


Type Action (Consent)
 Communication
 Information


Recommended Action waive the reading, accept the communication and place it on file

Subject 3.7. Communication: BPD, re: UVM Convocation, August 24, 2025, Multiple, 3
 pm - 9 pm
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 3. Consent Agenda

Department Police Department


Type Action (Consent)
 Communication
 Information


  Recommended Action waive the reading, accept the communication and place it on file

  Subject 3.8. Communication: BPD, re: UVM New President Installation Ceremony &
 Procession, September 30, 2025, 11 am - 5 pm, Northbound traffic shut down
 on University Place from Main Street
  Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


  Category 3. Consent Agenda

  Department Police Department


  Type Action (Consent)
 Communication
 Information


  Recommended Action waive the reading, accept the communication and place it on file

  Subject 3.9. Communication: BPD, re: Block Party, September 6, 2025 (rain date
 September 7, 2025), Killarney Drive, 4 pm -9 pm
  Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


  Category 3. Consent Agenda

  Department Police Department


  Type Action (Consent)
 Communication
 Information


  Recommended Action waive the reading, accept the communication and place it on file

4. Deliberative Agenda
  Subject 4.1. Special Event Outdoor Entertainment Permit Application (one day only):
 Genesis Vermont, October 3, 2025, 5 pm - 10 pm, 420 Pine Street
  Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


  Category 4. Deliberative Agenda

  Department Clerk/Treasurer's Office


  Type Action


  Recommended Action approve the one day only special event outdoor entertainment permit application for
 Genesis Vermont, October 3, 2025, 5 pm - 10 pm, 420 Pine Street

  Subject 4.2. Special Event Outdoor Entertainment Permit Application (three days only):
 High Desert Light & Sound, September 5th - 7th, 5 pm - 10 pm, 345 Pine
 Street
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 4. Deliberative Agenda

Department Clerk/Treasurer's Office


Type Action


Recommended Action approve the three day only special event outdoor entertainment permit application for
 High Desert Light & Sound, September 5th - 7th, 5 pm - 10 pm, 345 Pine Street

Subject 4.3. Special Event Outdoor Entertainment Permit Application (three days only):
 SEABA, September 5 - 7, 2025, various times, South End Arts District along
 Pine Street from Maple to Flynn Ave
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 4. Deliberative Agenda

Department Clerk/Treasurer's Office


Type Action


Recommended Action approve the three day only special event outdoor entertainment permit application, as
 amended, for SEABA, September 5 - 7, 2025. various times, South End Arts District
 along Pine Street from Maple to Flynn Ave

Subject 4.4. 169 Church Street - Encumbrance Permit Application - Outdoor seating
 area - DPW
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 4. Deliberative Agenda

Department Public Works Department


Type Action


Recommended Action to approve and recommend that the City Council approve the Encumbrance Application
 for Thai Taste Café, LLC . d/b/a East West Cafe for the address located at 169 Church
 Street, requesting use of the sidewalk on the west side of Lower Church Street parking
 stall and greenbelt for a staging area and to further recommend that the City Council
 authorize the Mayor to enter into a license agreement with the Applicant for use of the
 portion of the right-of-way outlined in the Application, subject to review by the City
 Attorney’s Office

Subject 4.5. 131 Main Street - Encumbrance Application - Outdoor Seating - DPW
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 4. Deliberative Agenda

Department Public Works Department
 Type Action


 Recommended Action to approve and recommend that the City Council approve the Encumbrance Application
 for The Gryphon, LLC, for the installation and use of an outdoor seating area at 131
 Main Street and authorize the Mayor to execute a License Agreement—approved by the
 City Attorney’s Office—on behalf of the City of Burlington for a term commencing on the
 date of execution and terminating on October 15th 2025

5. Adjournment
 Subject 5.1. Motion to adjourn
 Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


 Category 5. Adjournment

 Department Council and Board


 Type Action
 Procedural


 Recommended Action Motion to adjourn

City Council - License Committee

 Wednesday, August 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street,
 1st Floor


Join from PC, Mac, iPad, or Android:
https://zoom.us/j/92673921126
Phone one-tap:
+13052241968, 92673921126# US
Join via audio:
+1 305 224 1968 US
Webinar ID: 926 7392 1126
International numbers available: https://zoom.us/u/acRg1S5LAD
1. Agenda
  Subject 1.1. Motion to adopt agenda
  Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


  Category 1. Agenda

  Department Council and Board


  Type Action
 Procedural


  Recommended Action Motion to amend/adopt the agenda as follows: add to the consent agenda item 3.8.
 Communication: BPD, re: UVM New President Installation Ceremony & Procession,
 September 30, 2025, 11 am - 5 pm; add to the consent agenda item 3.9.
 Communication: BPD, re: Block Party, September 6, 2025 (rain date September 7,
 2025), Killarney Drive, 4 pm - 9 pm

2. Public Forum
  Subject 2.1. Verbal Comments
  Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


  Category 2. Public Forum

  Department Council and Board




 Page 1 of 67
 Type Action
 Procedural


 Recommended Action open Public Forum
 close Public Forum

3. Consent Agenda
 Subject 3.1. Motion to adopt the consent agenda (as amended) and take the actions
 indicated
 Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


 Category 3. Consent Agenda

 Department Council and Board


 Type Action (Consent)
 Procedural


 Recommended Action Motion to adopt the consent agenda (as amended) and take the actions indicated

 Subject 3.2. Communication: BPD, re: Vermont Rises, June 14, 2025, 11:15 am - 11:45
 am, Begin at City Hall Park and end at Waterfront Park
 Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


 Category 3. Consent Agenda

 Department Police Department


 Type Action (Consent)
 Communication
 Information


 Recommended Action waive the readng, accept the communication and place it on file

 Subject 3.3. Communication: BPD, re: Block Party, July 26, 2025, 9 am - 5 pm, Decatur
 Street
 Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


 Category 3. Consent Agenda

 Department Police Department


 Type Action (Consent)
 Communication
 Information


 Recommended Action waive the reading, accept the communication and place it on file

 Subject 3.4. Communication: BPD, re: Block Party, August 9, 2025, Spring Street, 11
 am - 2 pm




 Page 2 of 67
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 3. Consent Agenda

Department Police Department


Type Action (Consent)
 Communication
 Information


Recommended Action waive the reading, accept the communication and place it on file

Subject 3.5. Communication: BPD, re: Block Party, August 16, 2025, Convent Square, 5
 pm - 10 pm
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 3. Consent Agenda

Department Police Department


Type Action (Consent)
 Communication
 Information


Recommended Action waive the reading, accept the communication and place it on file

Subject 3.6. Communication: BPD, re: UVM First Year Student Move-in Days, August 20
 - 21, 2025, University Heights
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 3. Consent Agenda

Department Police Department


Type Action (Consent)
 Communication
 Information


Recommended Action waive the reading, accept the communication and place it on file

Subject 3.7. Communication: BPD, re: UVM Convocation, August 24, 2025, Multiple, 3
 pm - 9 pm
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 3. Consent Agenda

Department Police Department


Type Action (Consent)
 Communication




 Page 3 of 67
 Information


  Recommended Action waive the reading, accept the communication and place it on file

  Subject 3.8. Communication: BPD, re: UVM New President Installation Ceremony &
 Procession, September 30, 2025, 11 am - 5 pm, Northbound traffic shut down
 on University Place from Main Street
  Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


  Category 3. Consent Agenda

  Department Police Department


  Type Action (Consent)
 Communication
 Information


  Recommended Action waive the reading, accept the communication and place it on file

  Subject 3.9. Communication: BPD, re: Block Party, September 6, 2025 (rain date
 September 7, 2025), Killarney Drive, 4 pm -9 pm
  Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


  Category 3. Consent Agenda

  Department Police Department


  Type Action (Consent)
 Communication
 Information


  Recommended Action waive the reading, accept the communication and place it on file

4. Deliberative Agenda
  Subject 4.1. Special Event Outdoor Entertainment Permit Application (one day only):
 Genesis Vermont, October 3, 2025, 5 pm - 10 pm, 420 Pine Street
  Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


  Category 4. Deliberative Agenda

  Department Clerk/Treasurer's Office


  Type Action


  Recommended Action approve the one day only special event outdoor entertainment permit application for
 Genesis Vermont, October 3, 2025, 5 pm - 10 pm, 420 Pine Street

  Subject 4.2. Special Event Outdoor Entertainment Permit Application (three days only):
 High Desert Light & Sound, September 5th - 7th, 5 pm - 10 pm, 345 Pine
 Street




 Page 4 of 67
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 4. Deliberative Agenda

Department Clerk/Treasurer's Office


Type Action


Recommended Action approve the three day only special event outdoor entertainment permit application for
 High Desert Light & Sound, September 5th - 7th, 5 pm - 10 pm, 345 Pine Street

Subject 4.3. Special Event Outdoor Entertainment Permit Application (three days only):
 SEABA, September 5 - 7, 2025, various times, South End Arts District along
 Pine Street from Maple to Flynn Ave
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 4. Deliberative Agenda

Department Clerk/Treasurer's Office


Type Action


Recommended Action approve the three day only special event outdoor entertainment permit application, as
 amended, for SEABA, September 5 - 7, 2025. various times, South End Arts District
 along Pine Street from Maple to Flynn Ave

Subject 4.4. 169 Church Street - Encumbrance Permit Application - Outdoor seating
 area - DPW
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 4. Deliberative Agenda

Department Public Works Department


Type Action


Recommended Action to approve and recommend that the City Council approve the Encumbrance Application
 for Thai Taste Café, LLC . d/b/a East West Cafe for the address located at 169 Church
 Street, requesting use of the sidewalk on the west side of Lower Church Street parking
 stall and greenbelt for a staging area and to further recommend that the City Council
 authorize the Mayor to enter into a license agreement with the Applicant for use of the
 portion of the right-of-way outlined in the Application, subject to review by the City
 Attorney’s Office

Subject 4.5. 131 Main Street - Encumbrance Application - Outdoor Seating - DPW
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 4. Deliberative Agenda

Department Public Works Department




 Page 5 of 67
 Type Action


 Recommended Action to approve and recommend that the City Council approve the Encumbrance Application
 for The Gryphon, LLC, for the installation and use of an outdoor seating area at 131
 Main Street and authorize the Mayor to execute a License Agreement—approved by the
 City Attorney’s Office—on behalf of the City of Burlington for a term commencing on the
 date of execution and terminating on October 15th 2025

5. Adjournment
 Subject 5.1. Motion to adjourn
 Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August 20,
 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


 Category 5. Adjournment

 Department Council and Board


 Type Action
 Procedural


 Recommended Action Motion to adjourn




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Page 26 of 67
Amendment to Agenda Item 4.3.

Indoor:
400 Pine Street, Burlington, VT
STRUT! Fashion Show
Friday, September 5th from 7:30 - 9pm

Amplified music, no dancing, seating max 300
6 bathrooms
Licensed bar by Orleans Events
2 security from Chocolate Thunder + 2 door attendees

400 Pine Street Building open for artist market:
Saturday, Sept 6th from 10am - 6pm
Sunday, Sept 7th from 11am - 4pm




 Page 27 of 67
 CITY OF BURLINGTON
 DEPARTMENT OF PUBLIC WORKS
 645 Pine Street, Suite A
 Post Office Box 849
 Burlington, VT 05402-0849
 802.863.9094 VOX
 802.863.0466 FAX
 802.863.0450 TTY
 www.burlingtonvt.gov




MEMORANDUM

TO: License Committee/City Council

FROM: Alice Schwencke, Excavation Inspector, Department of Public Works

DATE: 8/1/2025

CC: Laura Wheelock, P.E.; Division Director of Public Works/City Engineer
 Chapin Spencer, Director of Public Works.

RE: 169 Church Street – Encumbrance Permit Application – Outdoor seating area


Request

The Applicant, Spencer Richland, the owner of the establishment named East West Café located
at 169 Church Street, is requesting approval for an outdoor seating area to exist in the public
right-of-way. The request, if approved, will formally permit an outdoor seating area on the West
side walk of lower church street in front of the establishment. staging area, through a License
Agreement with the City.

As stated in Burlington Code of Ordinance Chapter 27-32(a): “No permit as required by
Section 27-31 shall be for longer than sixty (60) days, except as authorized by the city council.”

Overview

East West Café submitted an encumbrance permit application to the Department of Public Works
on July 10th 2025, requesting to occupy 96 square feet of City right-of-way space on Lower Church
Street of the public right-of-way to accommodate an outdoor seating area.


The seating area meets all the requirements to occupy the public right-of-way and will not impede
the traveled lanes of Lower Church. The sidewalk is open to public use and not restricted by the
outdoor seating area.

During times when the seating area is not in use is not occurring, the chairs and tables will remain
in place overnight on the street.

The Applicant will be responsible for any future maintenance or repairs and any other conditions
as defined in the License Agreement. The outdoor seating area is expected to occupy the side
walk from July 2025 to October 2025. Items will be removed from the street if there is DPW work
to be performed prior.




 Page 28 of 67
RE: 169 Church Street August 1, 2025
 Page | 2 of 2




Recommendation

The Department of Public Works is supportive of entering into a License Agreement between the
Applicant and the City.

Thank you for your consideration of this request. Please do not hesitate to contact me directly at
Aschwencke@burlingtonvt.gov or 802-495-6176.

Attachment

 A. Application
 B. DPW Recommendation Form
 C. Photographs/Site Plan
 D. Certificate of Insurance

Motions:

License Committee:
 “To approve and recommend that the City Council approve the Encumbrance Application
 for Thai Taste Café, LLC . d/b/a East West Cafe for the address located at 169 Church
 Street, requesting use of the sidewalk on the west side of Lower Church Street parking
 stall and greenbelt for a staging area and to further recommend that the City Council
 authorize the Mayor to enter into a license agreement with the Applicant for use of the
 portion of the right-of-way outlined in the Application, subject to review by the City
 Attorney’s Office.”

City Council:
 “To approve the Encumbrance Application for Thai Taste Cafe. d/b/a East West Cafe at
 169 Lower Church Street requesting use of the sidewalk and the Right-of-Way and to
 authorize the Mayor to enter into a license agreement with the Applicant for use of the
 portion of the right-of-way outlined in the Application, subject to review by the City
 Attorney’s Office.”




 An Equal Opportunity Employer
 This material is available in alternative formats for persons with disabilities. To request an
 accommodation, please call 802.863.9094 (voice) or 802.863.0450 (TTY).
 Page 29 of 67
Dear Licensing Committee Members,



The Department of Public Works recommends approval of the Encumbrance Permit Application
submitted by East West, LLC for the use of 96 square feet of public right-of-way at Lower Church Street.
This recommendation is based on a thorough review of the application and is subject to the conditions
outlined below and review by the City Attorney's Office.

East West Café, LLC is requesting this temporary encumbrance on the West side of Church Street for the
usage of a 96 Square foot area on the sidewalk. The proposal complies with the Burlington Code of
Ordinances, specifically Chapter 27-31(a), which allows for encumbrances those which exceed 60 days
with the approval of Licensing Committee Members. The DPW supports formalizing this through a
License Agreement with an annual fee of $1 per square foot, payable through the City’s OpenGov Portal.

Therefore, I urge the Licensing Committee and City Council to approve this request, subject to the
aforementioned conditions and review by the City Attorney’s Office.

Thank you for your attention to this matter. Should you require further information, I am available at
ASchwencke@burlingtonvt.gov or 802-865-7562.



Sincerely,

Alice Schwencke

Excavation Inspector

Department of Public Works

City of Burlington
aschwencke@burlingtonvt.gov
802-495-6176




 Page 30 of 67
 DEPARTMENT OF PUBLIC WORKS
 645 PINE STREET
 BURLINGTON, VT 05401
 Voice: (802) 863-9094 Ext 3 Fax: (802) 863-0466
 Email: dpwpinecustomerservice@burlingtonvt.gov




 DPW ENCUMBRANCE RECOMMENDATION FORM
 Thai Taste Cafe, LLC 7/25/25
DBA NAME: DATE:
 East West, LLC 802-371-8997
COMPANY NAME: PHONE:
 Spencer Richland Eastwestcafebtv@gmail.com
CONTACT NAME: EMAIL:
 169 Church Street, Burlington VT 05403
MAILING ADDRESS:
 169 Church Street, Burlington VT 05403
LOCATION OF ENCUMBRANCE:


  FOR LONG-TERM ENCUMBRANCE, TABLE AND CHAIR ENCUMBRANCE, AND CONSTRUCTION ENCUMBRANCE

 1. All encumbrances should be located on private property, if possible. In the opinion of the Excavation
 Inspector, is there an available alternative location for the requested encumbrance on private property?

 YES [ ] NO [ ]

 2. Will there be sufficient width for plows, pedestrian access, and ADA requirements if the proposed
 encumbrance is added to the sidewalk/roadway/greenbelt?

 YES [ ] NO [ ]
 3. Additional Comments:
 East West to obstruct sidewalk on Lower Church Street, with a 96 Square Feet outdoor seating area.



 4. Has this business remained in compliance to date (RENEWALS ONLY)?
 YES [ ] NO [ ]

 5. Describe the encumbrance, including square footage and location of items:
 Occupation of 96 square feet of the sidewalk on the West Side of Lower Church Street.



 BELOW THIS LINE – DEPARTMENT OF PUBLIC WORKS OFFICE USE ONLY

Approved: Yes [ ] No [ ] If no, reason:

Signature: Alice Schwencke Date: 7/25/25




 Page 31 of 67
 ENCUMBRANCE PERMIT AND LICENSE AGREEMENT
 Thai Taste Café, LLC
 169 Church Street Burlington VT 05401


This Long-term Encumbrance Permit and License Agreement (“Agreement”) is made by and between the
City of Burlington, a municipal corporation organized and validly existing under the laws of the State of
Vermont, and Thai Taste Café, LLC DBA East West Café located at 169 Church Street Burlington VT
05401, Thai Taste Café, LLC. The City and Licensee agree to the terms and conditions of this Agreement.

1. RECITALS
 A. Authority. Authority to enter into this Agreement exists in the City Charter and Burlington City
 Ordinance 27-32. Required approvals, clearance, and coordination have been accomplished from
 and within each Party.
 B. Consideration. The Parties acknowledge that the mutual promises and covenants contained herein
 and other good and valuable consideration are sufficient and adequate to support this Agreement.

 C. Background. The City owns property, including the street and sidewalk right-of-way adjacent to
 169 Church Street Burlington. Licensee has submitted a construction encumbrance application
 seeking the continued occupation of City right-of-way on Church Street. According to Licensee’s
 application, it will cover 96 square foot area of the public sidewalk,

 D. Purpose. This Agreement sets forth the terms and conditions for the allowed use of the public right-
 of-way.

2. DEFINITIONS
 A. “Effective Date” means the date on which this Agreement is approved and signed by the City as
 shown on the signature page of this Agreement.
 B. “Encumbrance Fee” means the sum of the encumbrance application fee, and the square foot use
 fee annually set by the City.
 C. “Party” means the City or Licensee and “Parties” means both the City and Licensee.
 D. “Premises” means the sidewalk right-of-way on the West Side of Church Street. directly in front
 of 169 Church Street Burlington.
E. “Property” means the commercial building lot located at 169 Church Street in Burlington, Vermont,
 inclusive of the barricade fencing that are the subject of this Agreement.

3. EFFECTIVE DATE AND TERM
 A. Effective Date. This Agreement shall not be valid or enforceable until the Effective Date. The
 City shall not be bound by any provision of this Agreement before the Effective Date and shall
 have no obligation for any performance before the Effective Date or after the expiration or
 termination of this Agreement. Licensee’s obligations hereunder for indemnification, defense,
 and restoration of the Premises and other City property shall survive expiration or termination
 hereof.
 B. Term. This Agreement shall commence on the Effective Date and expire on 10/31/2025.
 C. Termination. This Agreement may be terminated as set forth in this paragraph (C). Upon

 1


 Page 32 of 67
 termination, Licensee shall remove—at its own expense—all objects, materials, and other
 obstructions placed on the Premises. If Licensee refuses to promptly remove such obstructions,
 the City may remove all such obstructions and the Licensee shall be liable for all expenses of
 such removal.
 i. Discontinued Use. The City shall have the exclusive right to immediately terminate this
 Agreement should Licensee or a subsequent owner discontinue the licensed use of the
 premise.

 ii. Termination for Convenience. At any time prior to completion of services specified
 under this Agreement, the City may terminate the Agreement for any reason by submitting
 written notice via certified or registered mail to the Licensee, not less than fifteen (15) days
 prior to the termination date, of its intention to do so. The Licensee shall make no claim
 against the City by reason of such termination.
 iii. Breach. The City shall have the exclusive right to terminate this Agreement if Licensee is
 in breach of this Agreement. The City shall provide seven (7) days written notice in
 advance of the termination date.
 iv. Non-Compliance. If any of the License Conditions are not met to the satisfaction of the
 City, the Licensee will be responsible for restoration of the Premises, the sidewalk adjacent
 to the property, and any other City property damaged, destroyed, or otherwise affected by
 Licensee or its officers, employees, agents, customers/invitees, successors, or assigns,
 within seven (7) days of receiving written notice.
 v. Renewal. This agreement shall be renewable annually for a one (1) year term provided that
 Licensee submits a timely annual renewal application certifying that its renewal does not
 amend, modify or otherwise change the existing agreement, pays the requisite fees, and
 provides updated proof of insurance and all applicable endorsements, and provided that the
 Department of Public Works certifies that licensee is still in compliance with terms of this
 agreement.

4. GRANT OF LICENSE
 The City hereby grants to Licensee a license to install an outdoor seating area for dining purposes on
 the sidewalk directly adjacent to 169 Church Street, totaling an area of 96 square feet for the term set
 forth above. Licensee may use and shall maintain the outdoor seating area existing in the City’s
 right-of-way.

LICENSE CONDITIONS

The Premises shall be maintained in accordance with all conditions set by DPW. Such conditions shall
include the following enumerated conditions, but may also be supplemented by DPW upon reasonable
notice in the event DPW determines that the public safety, health and or welfare require such
supplemental conditions:

 A. East West Café shall take all reasonable precautions to protect the public from potential hazards
 resulting and emanating from the Premises due to activities related to the uses for which this
 encumbrance is permitted.

 B. East West Café Inc shall control the dust and dirt and other debris on the encumbered area and
 adjoining areas, including picking up and sweeping such dust, dirt and debris, working condition.


 2


 Page 33 of 67
 All costs associated with the maintenance and upkeep of the encumbered area are solely the
 responsibility of East West Café.

  C. East West Café shall not allow obstructions and interferences in the lines of sight on the Premises
 or the adjacent area.


  D. East West Café shall be responsible for the maintenance and associated repair of approximately
 96 square feet of the street and sidewalk on of Church Street.

  E. The Department of Public Works reserves the right to extend this agreement for one additional
 year, provided that the licensee submit any and all documents required by the Department of
 Public Works that would warrant the extension of this agreement.


5. PAYMENT FOR LICENSE

 A. License Fee. Licensee shall pay the City an encumbrance fee, as described in Attachment A.

 B. Initial License Fee. By signing this Agreement, the Parties acknowledge that Licensee has
 paid the City the license fee for the period beginning [04/25/2025] and ending [02/26/2026].

 C. Parking Meter Fee. Licensee shall pay all associated parking meter fees.


6. INSURANCE
  A. Requirement. Licensee shall maintain throughout the term of this Agreement, and any
 subsequent extension or renewals, commercial general liability insurance from an insurance
 carrier rated A-:VII or higher by A.M. Best Co. and admitted in the State of Vermont, insuring
 against all legal liability for injuries or damages suffered as a result of the exercise of privileges
 granted by this Agreement in an amount not less than $100,000 each occurrence, $300,000
 aggregate.
  B. Evidence. Prior to execution of this Agreement, Licensee shall furnish the City with a certificate
 of insurance and endorsement that includes the provision naming the City as an additional insured
 on a primary, non-contributory basis and waiving subrogation against the City. Licensee shall
 take all reasonable efforts to acquire an endorsement providing the City with thirty (30) days’
 written notification of cancellation. If such endorsement is not reasonably available, then
 Licensee shall provide the City with notification of any impending cancellations within three (3)
 days after receipt of such notice from its insurance carrier. The current certificate of insurance
 and applicable endorsements are attached to this Agreement as Attachment D.
  C. Continuing Obligation. Licensee shall provide the City with an updated certificate of insurance
 and applicable endorsements annually on or before the certificate’s stated expiration. It is the
 responsibility of Licensee to ensure that a current certificate of insurance is on file with the City
 at all times.

7. INDEMNIFICATION
  Licensee shall indemnify, defend, and hold harmless the City, its officers, officials, agents, and
  employees from liability for any claims, suits, expenses, losses, judgments, penalties, fines, costs

 3


 Page 34 of 67
  (including attorneys’ fees and costs), and damages arising as a result of the Licensee’s acts and/or
  omissions, and the acts and/or omissions of Licensee’s officers, directors, employees, agents,
  contractors, subcontractors, customers/invitees, successors, or assigns arising from or related to
  Licensee’s use of the Premises or in connection with this Agreement or the privileges granted to it
  under this Agreement, excepting claims arising from the City’s gross negligence or willful
  misconduct. If the City, its officers, officials, agents, or employees are notified of any claims asserted
  against it to which this indemnification provision may apply, the City shall promptly thereafter notify
  the Licensee in writing that a claim to which the indemnification provision may apply has been
  received. Licensee shall promptly retain counsel and otherwise provide a complete defense against
  the entire claim or suit. The City retains the right to participate, at its own expense, in the defense of
  any claim, and to approve all proposed settlements of clams to which this provision applies. Under no
  conditions shall the City be obligated to indemnify the Licensee or any third party, nor shall the City
  be otherwise liable for expenses or reimbursement including attorney’s fees, collection costs, or other
  costs, of the Licensee or any third party.

8. RESPONSIBILITY FOR SUPERVISION:

  Licensee shall assume responsibility for general supervision of its contractors and any subcontractors,
  shall be solely responsible for all procedures, methods, and work, and shall be responsible to the City
  for all acts or omissions of its officers, employees, agents, contractors, subcontractors, or any other
  person related to any activity or work performed in connection with this Agreement or the privileges
  granted to Licensee under this Agreement.

9. PUBLIC RELATIONS

  Throughout the performance of the work, the Licensee will endeavor to maintain good relations with
  the public and any affected property owners. Personnel employed by or representing the Licensee shall
  conduct themselves with propriety.

10. PERMITS
  Licensee shall be responsible for obtaining all necessary City and/or State permits prior to performing
  any work on the Premises or in connection with this Agreement.

11. NUISANCES PROHIBITED
  Licensee shall not—during the term of this Agreement—on or in the Premises, maintain, commit, or
  permit the maintenance or commission of any nuisance or violation of any applicable City ordinance,
  State or Federal statute, or controlling law, regulation, or condition imposed whether existing at the
  time of commencement of this Agreement or enacted, amended, or otherwise put into effect during
  the term of this Agreement.

12. INSPECTION OF WORK

  The City shall, at all times, have access to the Premises for the purposes of inspection and the Licensee
  shall provide whatever access is considered necessary to accomplish such inspections. At any time, the
  Licensee shall permit the City or representative for the City the opportunity to inspect any plans,
  drawings, estimates, specifications, or other materials prepared or undertaken by the Licensee.

13. ASSIGNMENT OF RIGHTS
  If Licensee sells the Property, Licensee may temporarily assign the privileges granted herein to the

 4


 Page 35 of 67
  new owner of the Property for a period of sixty (60) days after closing. Any subsequent owner of the
  Property shall execute a new agreement with the City and provide proof of insurance within the sixty
  (60) day period. Failure to comply with this section shall constitute a discontinued use under §3.C.i
  of this Agreement.

14. LIMITATION OF RIGHTS; PROPERTY TAXES
  Licensee acknowledges that no title, estate, leasehold, easement, or other property interest or other
  right is created other than that specifically defined and limited by this Agreement. Any property tax
  liability arising from this Agreement under Vermont law, notwithstanding the foregoing, shall be the
  sole responsibility of Licensee.

15. WAIVER
  The City’s failure or delay in exercising any right, power, or privilege under this Agreement, whether
  explicit or by lack of enforcement, shall not operate as a waiver, notwithstanding the passage of time.
  Waiver by the City may only occur through an expressed written waiver signed by an authorized
  representative of the City. No waiver of a breach of any of the covenants, agreements, or provisions
  contained in this Agreement shall be construed to be a waiver of any subsequent breach of the same
  or of any other provision in this Agreement.

16. ENTIRE AGREEMENT
  This Agreement contains the entire understanding of the Parties with respect to the subject matter of
  this Agreement. All prior representations and understandings related to Licensee’s use of the
  specified portions of the City’s right-of-way, oral or written, are merged into this Agreement. Prior or
  contemporaneous additions, deletions, or other changes to this Agreement shall not have any force or
  effect whatsoever, unless embodied herein.

17. MODIFICATION
  Modifications to this Agreement shall only be valid if agreed to in a formal written amendment to this
  Agreement, properly executed and approved by the Parties.

18. THIRD PARTY BENEFICIARIES
  This Agreement does not confer any rights or remedies upon any person or entity other the Parties.
  Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the
  Parties. Any services or benefits which third parties receive as a result of this Agreement are
  incidental to this Agreement and do not create any right for such third parties.

19. MISCELLANEOUS

  If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or
  unenforceable, the remainder shall remain in effect as necessary to effectuate the original intent of the
  Parties as closely as possible; provided, however, that if any provision hereof relating to
  indemnification or defense for the protection of the City and its taxpayers is held to be invalid and
  unenforceable, then this Agreement shall have no further prospective force or effect, except that it
  shall be enforced to the fullest extent allowed by law for the protection of the City and its taxpayers
  with respect to prior transactions and occurrences. This Agreement shall be construed according to
  Vermont law, notwithstanding conflicts of law principles, and venue for any dispute arising from this
  Agreement shall be proper in Chittenden County, Vermont, notwithstanding any other law. This
  Agreement shall not be construed its drafter. In case of any dispute arising from this Agreement, the

 5


 Page 36 of 67
  prevailing party shall be entitled to attorneys’ fees and costs.

20. ATTACHMENTS
  The following attachments are adopted, incorporated by reference, and made part of this Agreement:
  A. Attachment A: Licensee’s Application
  B. Attachment B: Department of Public Works Encumbrance Recommendation Form
  C. Attachment C: Photographs and Sketches of Encroachment
  D. Attachment D: Certificate of Insurance

21. ORDER OF PRECEDENT
  This Agreement shall control over any conflicting attachment.



 — Signature Page Follows —




 6


 Page 37 of 67
22. SIGNATURE PAGE
  Persons signing for the Parties hereby swear and affirm that they are authorized to act on behalf of
  their respective Party and acknowledge that the other Party is relying on their representations to that
  effect. This Agreement may be executed in counterparts, each of which shall be deemed an original.
  This Agreement may be executed electronically, and an electronic copy or other facsimile shall be
  treated as an original.

 The Parties hereto have executed this Agreement


 LICENSEE
 East West Café, LLC

 By: __________________________________
 [Mr. Spencer Richland, Owner]

 By: ________________________________
 [Samran Kaewkoet, Owner]

 Date: ____________________




 CITY OF BURLINGTON



 By: _________________________________
 Mayor Emma Mulvaney-Stanak

 Date: ____________________




 7


 Page 38 of 67
 DATE (MM/DD/YYYY)
 CERTIFICATE OF LIABILITY INSURANCE 06/24/2025
  THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
  CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
  BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
  REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
  IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
  If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
  this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Barbara Donnelly
 NAME:
Polly Insurance Agency, LLC PHONE (802) 655-9000 FAX (802) 871-5609
 (A/C, No, Ext): (A/C, No):
2300 St George Rd E-MAIL bdonnelly@polly.co
 ADDRESS:
 INSURER(S) AFFORDING COVERAGE NAIC #
Williston VT 05495 INSURER A : Vermont Mutual Insurance Co 26018
INSURED INSURER B :
 Thai Taste Cafe LLC, DBA: East West Cafe INSURER C :
 169 Church Street INSURER D :

 INSURER E :
 Burlington VT 05401 INSURER F :
COVERAGES CERTIFICATE NUMBER: CL2482326414 REVISION NUMBER:
  THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
  INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
  CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
  EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
 LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
 COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
 DAMAGE TO RENTED 100,000
 CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $

 MED EXP (Any one person) $ 5,000
 A Y BP18031342 08/23/2024 08/23/2025 PERSONAL & ADV INJURY $ 1,000,000

 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
 PRO- 2,000,000
 POLICY JECT LOC PRODUCTS - COMP/OP AGG $

 OTHER: $

 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
 (Ea accident)
 ANY AUTO BODILY INJURY (Per person) $
 OWNED SCHEDULED BODILY INJURY (Per accident) $
 AUTOS ONLY AUTOS
 HIRED NON-OWNED PROPERTY DAMAGE $
 AUTOS ONLY AUTOS ONLY (Per accident)
 $

 UMBRELLA LIAB OCCUR EACH OCCURRENCE $
 EXCESS LIAB CLAIMS-MADE AGGREGATE $

 DED RETENTION $ $
 WORKERS COMPENSATION PER OTH-
 AND EMPLOYERS' LIABILITY STATUTE ER
 Y/N
 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
 OFFICER/MEMBER EXCLUDED? N/A
 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $
 If yes, describe under
 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $




DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

City of Burlington is listed as an additional insured with regard to the General Liability, per written contract.




CERTIFICATE HOLDER CANCELLATION

 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
 City of Burlington Burlington Public Works ACCORDANCE WITH THE POLICY PROVISIONS.

 Encumbrance Application Dept.
 AUTHORIZED REPRESENTATIVE
 645 Pine Street
 Burlington VT 05401

 © 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
 Page 39 of 67
REN-25-11 about:srcdoc



 City of Burlington, VT July 25, 2025



 REN-25-11 Primary Location Applicant
 ROW Encumbrance 169 Church Street Spencer Richland
 Permit Burlington, VT 05401 802-371-8997
 Status: Active eastwestcafebtv@gmail.com
 Owner
 Submitted On: 7/10/2025 169 Church Street
 SISTERS & BROTHERS Burlington, VT 05401
 INVESTMENT, GROUP LLP
 75 SOUTH WINOOSKI AV
 BURLINGTON, VT 05401




 Right-of-Way Encumbrance Application

 Type of Encumbrance Requested* Renewal ?*

 Seating / Sign / Structure / Amenity No
 Encumbrance



 Encumbrance Description*


 Outdoor seating for dining with cordon and 3 tables and 12 chairs.




 Location of Encumbrance *

 In front of restaurant on curb side (see
 photos).



 The length of Long-Term Encumbrances (years) are negotiated on a case-by-case
 basis, and may be renewed at the request of the applicant.



 Encumbrance Term (Years) Encumbrance Start Date

 1 04/04/2025




 Page 40 of 67
1 of 8 7/25/2025, 8:58 AM
REN-25-11 about:srcdoc




 Encumbrance End Date Area Encumbered (Square Feet)

 10/31/2025 96



 Number of Tables Number of Chairs

 3 12



 Company Information

 Company Name DBA Name

 Thai Taste Café LLC East West Café



 Phone FAX

 8025400359



 Street Address City, State Zip

 169 Church St Burlington, VT 05401



 Email

 EastWestCafeBTV@GMail.com



 Instructions




 Page 41 of 67
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REN-25-11 about:srcdoc




 Please Attach:

 �. Certiﬁcate of Liability Insurance with holder as the “CITY OF BURLINGTON,
 BURLINGTON PUBLIC WORKS, ENCUMBRANCE APPLICATION DEPT., 645
 PINE ST, BURLINGTON, VT 05401”.


 �. Endorsement to Insurance Policy (separate from the Certiﬁcate of Insurance)
 listing the Cancellation Policy as 15 notice for non-payment or 45 days for any
 other reason.


 �. Endorsement to Insurance Policy (separate from the Certiﬁcate of Insurance)
 speciﬁcally listing the City as Additional Insured.


 �. Sketch, photo, or blueprint of what you are proposing.


 �. Check for Total Amount Due. ($25 Application fee + $1 per square foot)


 Encumbrance Not Valid until Permit is Issued. Permit will be Issued after City Council
 Approval.




 Page 42 of 67
3 of 8 7/25/2025, 8:58 AM
REN-25-11 about:srcdoc




 Please Attach:

 �. Certiﬁcate of Liability Insurance with holder as the “CITY OF BURLINGTON,
 BURLINGTON PUBLIC WORKS, ENCUMBRANCE APPLICATION DEPT., 645
 PINE ST, BURLINGTON, VT 05401”.


 �. Endorsement to Insurance Policy (separate from the Certiﬁcate of Insurance)
 listing the Cancellation Policy as 15 notice for non-payment or 45 days for any
 other reason.


 �. Endorsement to Insurance Policy (separate from the Certiﬁcate of Insurance)
 speciﬁcally listing the City as Additional Insured.


 �. Sketch, photo, or blueprint of what you are proposing.


 �. Check for Total Amount Due. ($25 Application fee + $1 square foot)


 Permit will be Issued after City Council Approval. Permit Not Valid until Fee Payment
 is Received.




 Page 43 of 67
4 of 8 7/25/2025, 8:58 AM
REN-25-11 about:srcdoc




 Please Attach:

 �. Certiﬁcate of Liability Insurance with holder as the “CITY OF BURLINGTON,
 BURLINGTON PUBLIC WORKS, ENCUMBRANCE APPLICATION DEPT., 645
 PINE ST, BURLINGTON, VT 05401”.


 �. Endorsement to Insurance Policy (separate from the Certiﬁcate of Insurance)
 listing the Cancellation Policy as 15 notice for non-payment or 45 days for any
 other reason.


 �. Endorsement to Insurance Policy (separate from the Certiﬁcate of Insurance)
 speciﬁcally listing the City as Additional Insured.


 �. Sketch, photo, or blueprint of what you are proposing.


 �. Check for Total Amount Due. ($25 Application fee + $1 per square foot)


 Permit will be Issued after City Council Approval. Permit Not Valid until Fee Payment
 is Received.



 Application Fee: $25 + $1 per square foot encumbered.



 Jurisdiction BCO 27-31(a)


 It shall be unlawful for any person, ﬁrm or corporation to temporarily obstruct a
 street or sidewalk without ﬁrst obtaining a written permit therefor from the director
 of public works or his or her designee, except as hereinafter provided.

 Within the Church Street Marketplace District on any portion of Church Street,
 College Street, Bank Street, or Cherry Street used for vehicular traﬃc, the director
 of public works or his or her designee shall not issue a permit until the executive
 director of the Church Street Marketplace department approves of such obstruction.
 In the inner two (2) pedestrian blocks of the marketplace district, the executive
 director of the Church Street Marketplace department shall have exclusive
 jurisdiction to issue permits.




 Page 44 of 67
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REN-25-11 about:srcdoc




 Required Documentation

 Certiﬁcate of Insurance Insurance Expiration Date

 –



 Endorsement of Additional Insured Endorsement for Cancellation




 Site Map or Photograph(s)




 Reporting

 Encumbrance For:

 –



 City Department Review

 Attorney Sign Oﬀ Attorney Sign Oﬀ Date

 –



 Right-of-Way Sign Oﬀ Right-of-Way Sign Oﬀ Date

 –



 City Council Review

 City Council Meeting Date City Council Approval

 –


 Page 45 of 67
6 of 8 7/25/2025, 8:58 AM
REN-25-11 about:srcdoc




 City Council Approval Date

 –



 Attachments



 Encumbrance Policy Cancellation July 2024.pdf
 Encumbrance Policy Cancellation July 2024.pdf
 Uploaded by Spencer Richland on Jul 10, 2025 at 3:09 PM

 Encumbrance Certificate of Insurance July 2025.pdf
 Encumbrance Certiﬁcate of Insurance July 2025.pdf
 Uploaded by Spencer Richland on Jul 10, 2025 at 3:10 PM

 Encumbrance Policy Changes July 2025.pdf
 Encumbrance Policy Changes July 2025.pdf
 Uploaded by Spencer Richland on Jul 10, 2025 at 3:11 PM

 PXL_20250621_214251673.jpg
 PXL_20250621_214251673.jpg
 Uploaded by Spencer Richland on Jul 10, 2025 at 3:12 PM




 Record Activity

 Spencer Richland started a draft Record 06/04/2025 at 1:00 pm


 Spencer Richland added ﬁle Encumbrance Policy Cancellation July 2024.pdf 07/10/2025 at 3:09 pm

 Spencer Richland added ﬁle Encumbrance Certiﬁcate of Insurance July
 07/10/2025 at 3:10 pm
 2025.pdf

 Spencer Richland added ﬁle Encumbrance Policy Changes July 2025.pdf 07/10/2025 at 3:11 pm


 Spencer Richland added ﬁle PXL_20250621_214251673.jpg 07/10/2025 at 3:12 pm


 Spencer Richland submitted Record REN-25-11 07/10/2025 at 3:13 pm




 Page 46 of 67
7 of 8 7/25/2025, 8:58 AM
REN-25-11 about:srcdoc



 OpenGov system altered payment step Encumbrance Fee Payment, changed
 07/10/2025 at 3:13 pm
 status from Inactive to Active on Record REN-25-11

 OpenGov system completed payment step Encumbrance Fee Payment on
 07/10/2025 at 3:29 pm
 Record REN-25-11

 OpenGov system altered approval step City Council Approval, changed status
 07/10/2025 at 3:29 pm
 from Inactive to Active on Record REN-25-11

 OpenGov system assigned approval step City Council Approval to Alice
 07/10/2025 at 3:29 pm
 Schwencke on Record REN-25-11




 Timeline

 Due
 Label Activated Completed Assignee Status
 Date

 7/10/2025, 7/10/2025, Spencer Completed
 Encumbrance -
 3:13:31 PM 3:29:43 PM Richland
 Fee Payment

 City Council 7/10/2025, Alice Active
 - -
 Approval 3:29:43 PM Schwencke


 Encumbrance Inactive
 - - - -
 Permit
 Issuance




 Page 47 of 67
8 of 8 7/25/2025, 8:58 AM
 CITY OF BURLINGTON
 DEPARTMENT OF PUBLIC WORKS
 645 Pine Street, Suite A
 Post Office Box 849
 Burlington, VT 05402-0849
 802.863.9094 VOX
 802.863.0466 FAX
 802.863.0450 TTY
 www.burlingtonvt.gov



 Chapin Spencer
 DIRECTOR OF PUBLIC WORKS



MEMORANDUM

TO: License Committee/City Council

FROM: Alice Schwencke, Excavation Inspector, Department of Public Works

DATE: August 12th, 2025

CC: Laura Wheelock, P.E. City Engineer
 Chapin Spencer, Director of Public Works.

RE: 131 Main Street - Encumbrance Application – Outdoor Seating


Request

License Committee

 1. DPW respectfully requests that the License Committee approve the following motion:

 To approve and recommend that the City Council approve the Encumbrance Application
 for The Gryphon, LLC, for the installation and use of an outdoor seating area at 131 Main
 Street and authorize the Mayor to execute a License Agreement—approved by the City
 Attorney’s Office—on behalf of the City of Burlington for a term commencing on the date
 of execution and terminating on October 15th 2025.


City Council

 1. DPW respectfully requests that the City Council approve the following motion:

 To approve the Encumbrance Application for the Gryphon, LLC, for the installation of an
 outdoor seating at 131 Main Street and authorize the Mayor to execute a License
 Agreement—approved by the City Attorney’s Office—on behalf of the City of Burlington
 for a term commencing on the date of execution and terminating on October 15, 2025.




Overview




 Page 48 of 67
RE: 131 Main Street –The Gryphon, LLC June 24, 2025
 Page | 2 of 2


The Department of Public Works (DPW) received a request from The Gryphon on June 20th,
2025 for the installation and use of an outdoor seating area located in the right-of-way in front of
131 Main Street.

The outdoor seating area meets all the requirements to occupy the Right of Way. The area will
accommodate 4 tables and 16 seats. The outdoor seating will not obstruct or block any loading
zones or handicap parking spaces, and will meet or exceed ADA standards for accessibility. The
amenity will not interfere with municipal or utility maintenance or operations.

There will be a onetime fee discount of 100% to accommodate for the extensive Main Street
Construction.

Schedule

The Gryphon, LLC requests the use of the ROW for between the property line and parking stalls
at 131 Main Street. This encumbrance will commence on encumbrance approval date and
terminate on October 15th,2025

Recommendation

It is the recommendation of DPW to support the use of this outdoor seating area under the
terms of a License Agreement, in substantially the same form as the attached, between the City
of Burlington and the Gryphon, LLC.

Thank you for consideration of this request, please do not hesitate to contact me directly at
ASchwencke@burlingtonvt.gov or 802-495-6176.

ATTACHMENT: License Agreement (with exhibits)




 An Equal Opportunity Employer
 This material is available in alternative formats for persons with disabilities. To request an
 accommodation, please call 802.863.9094 (voice) or 802.863.0450 (TTY).
 Page 49 of 67
Dear Licensing Committee Members,



The Department of Public Works recommends approval of the Encumbrance Permit Application
submitted by The Gryphon, LLC for the use of public right-of-way at 131 Main Street. This
recommendation is based on a thorough review of the application and is subject to the conditions
outlined below and review by the City Attorney's Office.

The Gryphon, LLC is requesting this temporary encumbrance on the east side of St. Paul Street. Adjacent
to The Gryphon business front. Per the recommendation of City Engineer Laura Wheelock and Associate
Public Works Engineer Madeline Suender it was advised that a one time fee discount of 100% to be
applied to the City Encumbrance application and square footage fees.

The proposed arrangement is in full compliance with the Burlington Code of Ordinances, specifically
Section 27-31(a), which permits encumbrances exceeding 60 days with the approval of Licensing
Committee Members. The Department of Public Works (DPW) recommends formalizing this through a
structured License Agreement, inclusive of a one-year waiver of the encumbrance fee for the 2025
calendar year. This fee waiver is proposed to alleviate financial burdens associated with the extensive
Main Street construction project, thereby supporting local businesses in managing operational
challenges during this period.

We respectfully request that the Licensing Committee and City Council approve this proposal,
contingent upon the aforementioned conditions and subject to review by the City Attorney’s Office.

Thank you for your attention to this matter. Should you require further information, I am available at
ASchwencke@burlingtonvt.gov or 802-865-7562.



Sincerely,

Alice Schwencke

Excavation Inspector

Department of Public Works

City of Burlington
aschwencke@burlingtonvt.gov
802-495-6176




 Page 50 of 67
 ENCUMBRANCE PERMIT AND LICENSE AGREEMENT
 The Gryphon, LLC
 131 Main Street, Burlington VT

This Long-term Encumbrance Permit and License Agreement (“Agreement”) is made by and between the
City of Burlington, a municipal corporation organized and validly existing under the laws of the State of
Vermont (“City”), and The Gryphon, LLC, a domestic limited liability company located at 131 Main Street,
Burlington, Vermont 05401 (“Licensee”). The City and Licensee agree to the terms and conditions of this
Agreement.

1. RECITALS
 A. Authority. Authority to enter into this Agreement exists in the City Charter and Burlington City
 Ordinance 27-32. Required approvals, clearance, and coordination have been accomplished from
 and within each Party.
 B. Consideration. The Parties acknowledge that the mutual promises and covenants contained herein
 and other good and valuable consideration are sufficient and adequate to support this Agreement.

 C. Background. The City owns property, including the street and sidewalk right-of-way adjacent to
 131 Main Street. The Licensee has received approval to install an outdoor seating area on the
 sidewalk of the public right-of-way adjacent to the premises.

 D. Purpose. This Agreement sets forth the terms and conditions for the allowed use of the public right-
 of-way.

2. DEFINITIONS
 A. “Effective Date” means the date on which this Agreement is approved and signed by the City as
 shown on the signature page of this Agreement.
 B. “Encumbrance Fee” means the sum of the encumbrance application fee, and the square foot use
 fee annually set by the City.
 C. “Party” means the City or Licensee and “Parties” means both the City and Licensee.
 D. “Premises” means the right of way at or near the intersection of Main and St. Paul Streets as
 shown in the approved plan attached hereto as Attachment C.
 E. “Property” means the outdoor seating area that is the subject of this Agreement.


3. EFFECTIVE DATE AND TERM
 A. Effective Date. This Agreement shall not be valid or enforceable until the Effective Date. The
 City shall not be bound by any provision of this Agreement before the Effective Date and shall
 have no obligation for any performance before the Effective Date or after the expiration or
 termination of this Agreement. Licensee’s obligations hereunder for indemnification, defense,
 and restoration of the Premises and other City property shall survive expiration or termination
 hereof.
 B. Term. This Agreement shall commence on the Effective Date and expire on 9/15/25.
 C. Termination. This Agreement may be terminated as set forth in this paragraph (C). Upon
 termination, Licensee shall remove—at its own expense—all objects, materials, and other

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 obstructions placed on the Premises. If Licensee refuses to promptly remove such obstructions,
 the City may remove all such obstructions and the Licensee shall be liable for all expenses of
 such removal.
 i. Discontinued Use. The City shall have the exclusive right to immediately terminate this
 Agreement should Licensee or a subsequent owner discontinue the licensed use of the
 premise.

 ii. Termination for Convenience. At any time prior to completion of services specified
 under this Agreement, the City may terminate the Agreement for any reason by submitting
 written notice via certified or registered mail to the Licensee, not less than fifteen (15) days
 prior to the termination date, of its intention to do so. The Licensee shall make no claim
 against the City by reason of such termination.
 iii. Breach. The City shall have the exclusive right to terminate this Agreement if Licensee is
 in breach of this Agreement. The City shall provide seven (7) days written notice in
 advance of the termination date.

 iv. Non-Compliance. If any of the License Conditions are not met to the satisfaction of the
 City, the Licensee will be responsible for restoration of the Premises, the sidewalk adjacent
 to the property, and any other City property damaged, destroyed, or otherwise affected by
 Licensee or its officers, employees, agents, customers/invitees, successors, or assigns,
 within seven (7) days of receiving written notice.

 v. Renewal. This agreement shall be renewable annually for a one (1) year term provided that
 Licensee submits a timely annual renewal application certifying that its renewal does not
 amend, modify or otherwise change the existing agreement, pays the requisite fees, and
 provides updated proof of insurance and all applicable endorsements, and provided that the
 Department of Public Works certifies that licensee is still in compliance with terms of this
 agreement.


4. GRANT OF LICENSE
  The City hereby grants to Licensee a license to install an outdoor seating area for dining purposes
  within the Premises, totaling an area of approximately 150 square feet for the term set forth above.
  Licensee may use and shall maintain the outdoor seating area existing in the City’s right-of-way.

5. LICENSE CONDITIONS

  A. Maintenance. Licensee shall maintain the outdoor seating to the satisfaction of the City, which
 includes maintaining it in a safe, proper, and working condition. Licensee shall be solely
 responsible for all costs associated with maintenance, upkeep, repair, and replacement of outdoor
 seating amenities.

  B. Placement. The featured seating shall be placed and maintained in accordance with all
 conditions set by the Department of Public Works in the approved plan (Attachment C) and shall
 not impede the City’s or any other private or public utilities’ ability to maintain the road,
 sidewalk, parking meters, greenbelt, utility infrastructure, or any other City or private property.
 The seating/amenity shall not cause an obstruction or inconvenience to members of the public
 accessing the road, sidewalk, parking meters, greenbelt or any other City or private property. The
 seating area shall be removed from the public right of way when not in use by the establishment.

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 Notwithstanding anything to the contrary herein, it is Licensee’s obligation to ensure the
 approved plan complies with applicable laws, including the Americans with Disabilities Act, all
 applicable regulations and design standards promulgated thereunder, and other applicable
 disability access laws. Any analysis done by the City regarding compliance of the plan with
 applicable laws is for the City’s sole and exclusive benefit, and Licensee shall not rely thereon. If
 the plan fails to comply with applicable laws, including disability access laws, then it is
 Licensee’s obligation to comply with the law and to request the City’s ratification of any change
 from the plan shown in Attachment C as soon as reasonably possible. An amendment to the plan
 in Attachment C to comply with applicable law shall require the written approval of the Public
 Works Director or designee without a formal amendment to this Agreement.
  C. Appearance. Licensee shall pick up and sweep debris created by its use of the public right-of-
 way.

  F. Emergency Access. In the event of an emergency relating to municipal operations, the City shall
 have the authority to remove or relocate the amenity to access any public infrastructure deemed
 necessary. License shall be solely responsible for all cost associated with relocation of seating
 area, and returning the structure the approved location in this agreement.

6. PAYMENT FOR LICENSE
  A. Encumbrance Fee. Licensee shall pay the City an Encumbrance Fee, as described in
 Attachment A.
  B. Initial License Fee. By signing this Agreement, the Parties acknowledge that Licensee has paid
 the City the licensee fee for the period beginning April 30, 2025 and ending September 15th,
 2025.

7. INSURANCE
  A. Requirement. Licensee shall maintain throughout the term of this Agreement, and any
 subsequent extension or renewals, commercial general liability insurance from an insurance
 carrier rated A-:VII or higher by A.M. Best Co. and admitted in the State of Vermont, insuring
 against all legal liability for injuries or damages suffered as a result of the exercise of privileges
 granted by this Agreement in an amount not less than $1,000,000 each occurrence. The City shall
 be named as an additional insured on such insurance policy on a primary, non-contributory basis.
  B. Evidence. Prior to execution of this Agreement, Licensee shall furnish the City with a certificate
 of insurance and endorsement that includes the provision naming the City as an additional insured
 on a primary, non-contributory basis and waiving subrogation against the City. Licensee shall
 take all reasonable efforts to acquire an endorsement providing the City with thirty (30) days’
 written notification of cancellation. If such endorsement is not reasonably available, then
 Licensee shall provide the City with notification of any impending cancellations within three (3)
 days after receipt of such notice from its insurance carrier. The current certificate of insurance
 and applicable endorsements are attached to this Agreement as Attachment D.
  C. Continuing Obligation. Licensee shall provide the City with an updated certificate of insurance
 and applicable endorsements annually on or before the certificate’s stated expiration. It is the
 responsibility of Licensee to ensure that a current certificate of insurance is on file with the City
 at all times.




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8. INDEMNIFICATION
  Licensee shall indemnify, defend, and hold harmless the City, its officers, officials, agents, and
  employees from liability for any claims, suits, expenses, losses, judgments, penalties, fines, costs
  (including attorneys’ fees and costs), and damages arising as a result of the Licensee’s acts and/or
  omissions, and the acts and/or omissions of Licensee’s officers, directors, employees, agents,
  contractors, subcontractors, customers/invitees, successors, or assigns arising from or related to
  Licensee’s use of the Premises or in connection with this Agreement or the privileges granted to it
  under this Agreement, excepting claims arising from the City’s gross negligence or willful
  misconduct. If the City, its officers, officials, agents, or employees are notified of any claims asserted
  against it to which this indemnification provision may apply, the City shall promptly thereafter notify
  the Licensee in writing that a claim to which the indemnification provision may apply has been
  received. Licensee shall promptly retain counsel and otherwise provide a complete defense against
  the entire claim or suit. The City retains the right to participate, at its own expense, in the defense of
  any claim, and to approve all proposed settlements of claims to which this provision applies. Under
  no conditions shall the City be obligated to indemnify the Licensee or any third party, nor shall the
  City be otherwise liable for expenses or reimbursement including attorney’s fees, collection costs, or
  other costs, of the Licensee or any third party.

9. RESPONSIBILITY FOR SUPERVISION:

  Licensee shall assume responsibility for general supervision of its contractors and any subcontractors,
  shall be solely responsible for all procedures, methods, and work, and shall be responsible to the City
  for all acts or omissions of its officers, employees, agents, contractors, subcontractors, or any other
  person related to any activity or work performed in connection with this Agreement or the privileges
  granted to Licensee under this Agreement.

10. PUBLIC RELATIONS

  Throughout the performance of the work, the Licensee will endeavor to maintain good relations with
  the public and any affected property owners. Personnel employed by or representing the Licensee shall
  conduct themselves with propriety.

11. PERMITS
  Licensee shall be responsible for obtaining all necessary City and/or State permits prior to performing
  any work on the Premises or in connection with this Agreement.

12. NUISANCES PROHIBITED
  Licensee shall not—during the term of this Agreement—on or in the Premises, maintain, commit, or
  permit the maintenance or commission of any nuisance or violation of any applicable City ordinance,
  State or Federal statute, or controlling law, regulation, or condition imposed whether existing at the
  time of commencement of this Agreement or enacted, amended, or otherwise put into effect during
  the term of this Agreement.

13. INSPECTION OF WORK

  The City shall, at all times, have access to the Premises for the purposes of inspection and the Licensee
  shall provide whatever access is considered necessary to accomplish such inspections. At any time, the
  Licensee shall permit the City or representative for the City the opportunity to inspect any plans,
  drawings, estimates, specifications, or other materials prepared or undertaken by the Licensee.

 4


 Page 54 of 67
14. ASSIGNMENT OF RIGHTS
 If Licensee sells the Property, Licensee may temporarily assign the privileges granted herein to the
 new owner of the Property for a period of sixty (60) days after closing. Any subsequent owner of the
 Property shall execute a new agreement with the City and provide proof of insurance within the sixty
 (60) day period. Failure to comply with this section shall constitute a discontinued use under §2.C.i
 of this Agreement.

15. LIMITATION OF RIGHTS; PROPERTY TAXES
 Licensee acknowledges that no title, estate, leasehold, easement, or other property interest or other
 right is created other than that specifically defined and limited by this Agreement. Any property tax
 liability arising from this Agreement under Vermont law, notwithstanding the foregoing, shall be the
 sole responsibility of Licensee.

16. WAIVER
 The City’s failure or delay in exercising any right, power, or privilege under this Agreement, whether
 explicit or by lack of enforcement, shall not operate as a waiver, notwithstanding the passage of time.
 Waiver by the City may only occur through an expressed written waiver signed by an authorized
 representative of the City. No waiver of a breach of any of the covenants, agreements, or provisions
 contained in this Agreement shall be construed to be a waiver of any subsequent breach of the same
 or of any other provision in this Agreement.

17. ENTIRE AGREEMENT
 This Agreement contains the entire understanding of the Parties with respect to the subject matter of
 this Agreement. All prior representations and understandings related to Licensee’s use of the
 specified portions of the City’s right-of-way, oral or written, are merged into this Agreement. Prior or
 contemporaneous additions, deletions, or other changes to this Agreement shall not have any force or
 effect whatsoever, unless embodied herein.

18. MODIFICATION
 Modifications to this Agreement shall only be valid if agreed to in a formal written amendment to this
 Agreement, properly executed and approved by the Parties.

19. THIRD PARTY BENEFICIARIES
 This Agreement does not confer any rights or remedies upon any person or entity other the Parties.
 Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the
 Parties. Any services or benefits which third parties receive as a result of this Agreement are
 incidental to this Agreement and do not create any right for such third parties.

20. MISCELLANEOUS

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or
unenforceable, the remainder shall remain in effect as necessary to effectuate the original intent of the
Parties as closely as possible; provided, however, that if any provision hereof relating to indemnification
or defense for the protection of the City and its taxpayers is held to be invalid and unenforceable, then this
Agreement shall have no further prospective force or effect, but it shall be enforced to the fullest extent
allowed by law for the protection of the City and its taxpayers with respect to prior transactions and


 5


 Page 55 of 67
occurrences. This Agreement shall be construed according to Vermont law, notwithstanding conflicts of
law principles, and venue for any dispute arising from this Agreement shall be proper in Chittenden
County, Vermont, notwithstanding any other law. This Agreement shall not be construed its drafter. In
case of any dispute arising from this Agreement, the prevailing party shall be entitled to attorneys’ fees
and costs.

21. ATTACHMENTS
 The following attachments are adopted, incorporated by reference, and made part of this Agreement:
 A. Attachment A: Licensee’s Application
 B. Attachment B: Department of Public Works Encumbrance Recommendation Form
 C. Attachment C: Photographs and Sketches of Encroachment
 D. Attachment D: Certificate of Insurance

22. ORDER OF PRECEDENT
 This Agreement shall control over any conflicting attachment.



 — Signature Page Follows —




 6


 Page 56 of 67
23. SIGNATURE PAGE
  Persons signing for the Parties hereby swear and affirm that they are authorized to act on behalf of
  their respective Party and acknowledge that the other Party is relying on their representations to that
  effect. This Agreement may be executed in counterparts, each of which shall be deemed an original.
  This Agreement may be executed electronically, and an electronic copy or other facsimile shall be
  treated as an original.

 The Parties hereto have executed this Agreement


 LICENSEE
 The Gryphon, LLC

 By: __________________________________
 Thomas Chadwick (owner)


 Date: ____________________




 CITY OF BURLINGTON


 By: _________________________________
 Mayor Emma Mulvaney-Stanak

 Date: ____________________




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 GRYPREL-01 NPAVLIKOWSKI
 DATE (MM/DD/YYYY)
 CERTIFICATE OF LIABILITY INSURANCE 6/20/2025
  THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
  CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
  BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
  REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
  IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
  If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
  this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
 CONTACT John St. Louis
PRODUCER NAME:
HUB International New England PHONE FAX
 (A/C, No, Ext): (802) 876-1319 (A/C, No):
2 Railroad Str E-MAIL
Essex Junction, VT 05452 ADDRESS: john.stlouis@hubinternational.com
 INSURER(S) AFFORDING COVERAGE NAIC #
 INSURER A : Union Mutual Fire Insurance Company 25860
INSURED INSURER B :

 Gryphon RE, LLC INSURER C :
 PO Box 1973 INSURER D :
 New London, NH 03257
 INSURER E :
 INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
  THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
  INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
  CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
  EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
 LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
 A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
 1,000,000
 CLAIMS-MADE X OCCUR
 X BOP0229744 8/14/2024 8/14/2025 DAMAGE TO RENTED
 PREMISES (Ea occurrence) $
 50,000
 MED EXP (Any one person) $
 5,000
 PERSONAL & ADV INJURY $
 1,000,000
 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
 2,000,000
 POLICY PRO-
 JECT LOC PRODUCTS - COMP/OP AGG $
 2,000,000
 OTHER: $
 COMBINED SINGLE LIMIT
 AUTOMOBILE LIABILITY (Ea accident) $
 ANY AUTO BODILY INJURY (Per person) $
 OWNED SCHEDULED
 AUTOS ONLY AUTOS BODILY INJURY (Per accident) $
 HIRED NON-OWNED PROPERTY DAMAGE
 AUTOS ONLY AUTOS ONLY (Per accident) $
 $
 UMBRELLA LIAB OCCUR EACH OCCURRENCE $
 EXCESS LIAB CLAIMS-MADE AGGREGATE $
 DED RETENTION $ $
 WORKERS COMPENSATION PER OTH-
 AND EMPLOYERS' LIABILITY STATUTE ER
 Y/N
 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
 OFFICER/MEMBER EXCLUDED? N/A
 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $
 If yes, describe under
 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $




DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
When required by written contract, City of Burlington, Burlington Public Works, Encumbrance Application Department is included as Additional Insured with
respect to General Liability. 30 Days Notice of Cancellation applies.
Endorsements will follow once processed by the carrier.




CERTIFICATE HOLDER CANCELLATION

 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
 City of Burlington ACCORDANCE WITH THE POLICY PROVISIONS.
 Burlington Public Works
 Encumbrance Application Department
 645 Pine Street AUTHORIZED REPRESENTATIVE
 Burlington, VT 05401


ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
 The ACORD name and logo are registered marks of ACORD
 Page 65 of 67
Page 66 of 67
 DEPARTMENT OF PUBLIC WORKS
 645 PINE STREET
 BURLINGTON, VT 05401
 Voice: (802) 863-9094 Ext 3 Fax: (802) 863-0466
 Email: dpwpinecustomerservice@burlingtonvt.gov




 DPW ENCUMBRANCE RECOMMENDATION FORM
 The Gryphon, LLC 8/13/25
DBA NAME: DATE:
 The Gryphon, LLC 802-489-5699
COMPANY NAME: PHONE:
 Thomas Chadwick tchadwick42@gmail.com
CONTACT NAME: EMAIL:
 131 Main Street , Burlington VT 05403
MAILING ADDRESS:
 131 Main Street, Burlington VT 05403
LOCATION OF ENCUMBRANCE:


  FOR LONG-TERM ENCUMBRANCE, TABLE AND CHAIR ENCUMBRANCE, AND CONSTRUCTION ENCUMBRANCE

 1. All encumbrances should be located on private property, if possible. In the opinion of the Excavation
 Inspector, is there an available alternative location for the requested encumbrance on private property?

 YES [ ] NO [ ]

 2. Will there be sufficient width for plows, pedestrian access, and ADA requirements if the proposed
 encumbrance is added to the sidewalk/roadway/greenbelt?

 YES [ ] NO [ ]
 3. Additional Comments:
 The Gryphon is to obstruct sidewalk on Main Street, with a 120 Square Feet outdoor seating area.



 4. Has this business remained in compliance to date (RENEWALS ONLY)?
 YES [ ] NO [ ]

 5. Describe the encumbrance, including square footage and location of items:
 Occupation of 120 square feet of the sidewalk on the South Side of Main Street.



 BELOW THIS LINE – DEPARTMENT OF PUBLIC WORKS OFFICE USE ONLY

Approved: Yes [ ] No [ ] If no, reason:

Signature: Alice Schwencke Date: 8/13/25




 Page 67 of 67

BURLINGTON CITY COUNCIL - LICENSE COMMITTEE
 BUSHOR CONFERENCE ROOM, 149 CHURCH STREET, 1ST FLOOR
 MINUTES OF MEETING
 August 20, 2025




1. Agenda
1. Agenda
Chair Broderick convened the meeting at 4:31 pm.

Members present: Chair Broderick and Councilor Schachter (both in person)
Member absent: City Council President Traverse

Others present: Assistant Fire Marshal Edgerley (online); Alice Schwenke (DPW) and Lori Olberg (CT) both in
person

Subject 1.1. Motion to adopt agenda
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August
 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 1. Agenda

Department Council and Board


Type Action
 Procedural


Recommended Action Motion to amend/adopt the agenda as follows: add to the consent agenda item 3.8.
 Communication: BPD, re: UVM New President Installation Ceremony & Procession,
 September 30, 2025, 11 am - 5 pm; add to the consent agenda item 3.9.
 Communication: BPD, re: Block Party, September 6, 2025 (rain date September 7,
 2025), Killarney Drive, 4 pm - 9 pm
1.1. Motion to adopt agenda
Motion made by Chair Broderick, seconded by Councilor Schachter, to adopt the agenda as amended. Motion
passed unanimously.


2. Public Forum
2. Public Forum

Subject 2.1. Verbal Comments
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August
 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 2. Public Forum
Department Council and Board


Type Action
 Procedural


Recommended Action open Public Forum
 close Public Forum
2.1. Verbal Comments
None.


3. Consent Agenda
3. Consent Agenda
Motion made by Chair Broderick, seconded by Councilor Schachter, to adopt the consent agenda as
amended. Motion passed unanimously.

Subject 3.1. Motion to adopt the consent agenda (as amended) and take the
 actions indicated
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August
 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 3. Consent Agenda

Department Council and Board


Type Action (Consent)
 Procedural


Recommended Action Motion to adopt the consent agenda (as amended) and take the actions indicated
3.1. Motion to adopt the consent agenda (as amended) and take the actions indicated


Subject 3.2. Communication: BPD, re: Vermont Rises, June 14, 2025, 11:15 am -
 11:45 am, Begin at City Hall Park and end at Waterfront Park
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August
 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 3. Consent Agenda

Department Police Department


Type Action (Consent)
 Communication
 Information


Recommended Action waive the readng, accept the communication and place it on file
3.2. Communication: BPD, re: Vermont Rises, June 14, 2025, 11:15 am - 11:45 am, Begin at City Hall Park
and end at Waterfront Park


Subject 3.3. Communication: BPD, re: Block Party, July 26, 2025, 9 am - 5 pm,
 Decatur Street
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August
 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 3. Consent Agenda

Department Police Department


Type Action (Consent)
 Communication
 Information


Recommended Action waive the reading, accept the communication and place it on file
3.3. Communication: BPD, re: Block Party, July 26, 2025, 9 am - 5 pm, Decatur Street


Subject 3.4. Communication: BPD, re: Block Party, August 9, 2025, Spring Street,
 11 am - 2 pm
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August
 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 3. Consent Agenda

Department Police Department


Type Action (Consent)
 Communication
 Information


Recommended Action waive the reading, accept the communication and place it on file
3.4. Communication: BPD, re: Block Party, August 9, 2025, Spring Street, 11 am - 2 pm


Subject 3.5. Communication: BPD, re: Block Party, August 16, 2025, Convent
 Square, 5 pm - 10 pm
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August
 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 3. Consent Agenda

Department Police Department


Type Action (Consent)
 Communication
 Information


Recommended Action waive the reading, accept the communication and place it on file
3.5. Communication: BPD, re: Block Party, August 16, 2025, Convent Square, 5 pm - 10 pm


Subject 3.6. Communication: BPD, re: UVM First Year Student Move-in Days,
 August 20 - 21, 2025, University Heights
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August
 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 3. Consent Agenda

Department Police Department


Type Action (Consent)
 Communication
 Information


Recommended Action waive the reading, accept the communication and place it on file
3.6. Communication: BPD, re: UVM First Year Student Move-in Days, August 20 - 21, 2025, University
Heights


Subject 3.7. Communication: BPD, re: UVM Convocation, August 24, 2025, Multiple,
 3 pm - 9 pm
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August
 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 3. Consent Agenda

Department Police Department


Type Action (Consent)
 Communication
 Information


Recommended Action waive the reading, accept the communication and place it on file
3.7. Communication: BPD, re: UVM Convocation, August 24, 2025, Multiple, 3 pm - 9 pm


Subject 3.8. Communication: BPD, re: UVM New President Installation Ceremony &
 Procession, September 30, 2025, 11 am - 5 pm, Northbound traffic shut
 down on University Place from Main Street
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August
 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 3. Consent Agenda

Department Police Department


Type Action (Consent)
 Communication
 Information


Recommended Action waive the reading, accept the communication and place it on file
3.8. Communication: BPD, re: UVM New President Installation Ceremony & Procession, September 30, 2025,
11 am - 5 pm, Northbound traffic shut down on University Place from Main Street
Subject 3.9. Communication: BPD, re: Block Party, September 6, 2025 (rain date
 September 7, 2025), Killarney Drive, 4 pm -9 pm
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August
 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 3. Consent Agenda

Department Police Department


Type Action (Consent)
 Communication
 Information


Recommended Action waive the reading, accept the communication and place it on file
3.9. Communication: BPD, re: Block Party, September 6, 2025 (rain date September 7, 2025), Killarney
Drive, 4 pm -9 pm


4. Deliberative Agenda
4. Deliberative Agenda

Subject 4.1. Special Event Outdoor Entertainment Permit Application (one day
 only): Genesis Vermont, October 3, 2025, 5 pm - 10 pm, 420 Pine Street
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August
 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 4. Deliberative Agenda

Department Clerk/Treasurer's Office


Type Action


Recommended Action approve the one day only special event outdoor entertainment permit application
 for Genesis Vermont, October 3, 2025, 5 pm - 10 pm, 420 Pine Street
4.1. Special Event Outdoor Entertainment Permit Application (one day only): Genesis Vermont, October 3,
2025, 5 pm - 10 pm, 420 Pine Street
Motion made by Councilor Schachter, seconded by Chair Broderick, to approve the motion as amended:
contingent upon Fire Marshal approval. Motion passed unanimously.


Subject 4.2. Special Event Outdoor Entertainment Permit Application (three days
 only): High Desert Light & Sound, September 5th - 7th, 5 pm - 10 pm, 345
 Pine Street
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August
 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 4. Deliberative Agenda

Department Clerk/Treasurer's Office


Type Action
Recommended Action approve the three day only special event outdoor entertainment permit application
 for High Desert Light & Sound, September 5th - 7th, 5 pm - 10 pm, 345 Pine
 Street
4.2. Special Event Outdoor Entertainment Permit Application (three days only): High Desert Light & Sound,
September 5th - 7th, 5 pm - 10 pm, 345 Pine Street
Applicant Michael Haseck (online)

Motion made by Councilor Schachter, seconded by Chair Broderick, to approve the motion as
presented. Motion passed unanimously.


Subject 4.3. Special Event Outdoor Entertainment Permit Application (three days
 only): SEABA, September 5 - 7, 2025, various times, South End Arts
 District along Pine Street from Maple to Flynn Ave
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August
 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 4. Deliberative Agenda

Department Clerk/Treasurer's Office


Type Action


Recommended Action approve the three day only special event outdoor entertainment permit
 application, as amended, for SEABA, September 5 - 7, 2025. various times, South
 End Arts District along Pine Street from Maple to Flynn Ave
4.3. Special Event Outdoor Entertainment Permit Application (three days only): SEABA, September 5 - 7,
2025, various times, South End Arts District along Pine Street from Maple to Flynn Ave
Applicant Christy Mitchell (online)

Motion made by Councilor Schachter, seconded by Chair Broderick, to approve the motion as
amended. Motion passed unanimously.


Subject 4.4. 169 Church Street - Encumbrance Permit Application - Outdoor
 seating area - DPW
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August
 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 4. Deliberative Agenda

Department Public Works Department


Type Action


Recommended Action to approve and recommend that the City Council approve the Encumbrance
 Application for Thai Taste Café, LLC . d/b/a East West Cafe for the address located
 at 169 Church Street, requesting use of the sidewalk on the west side of Lower
 Church Street parking stall and greenbelt for a staging area and to further
 recommend that the City Council authorize the Mayor to enter into a license
 agreement with the Applicant for use of the portion of the right-of-way outlined in
 the Application, subject to review by the City Attorney’s Office
4.4. 169 Church Street - Encumbrance Permit Application - Outdoor seating area - DPW
DPW Alice Schwenke spoke to this agenda item; Applicant Spencer Richland (online).

Motion made by Councilor Schachter, seconded by Chair Broderick, to approve the motion as
presented. Motion passed unanimously.


Subject 4.5. 131 Main Street - Encumbrance Application - Outdoor Seating - DPW
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August
 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 4. Deliberative Agenda

Department Public Works Department


Type Action


Recommended Action to approve and recommend that the City Council approve the Encumbrance
 Application for The Gryphon, LLC, for the installation and use of an outdoor seating
 area at 131 Main Street and authorize the Mayor to execute a License Agreement—
 approved by the City Attorney’s Office—on behalf of the City of Burlington for a
 term commencing on the date of execution and terminating on October 15th 2025
4.5. 131 Main Street - Encumbrance Application - Outdoor Seating - DPW
DPW Alice Schwenke spoke to this agenda item: Manager Sam (in person).

Motion made by Councilor Schachter, seconded by Chair Broderick, to approve the motion as
presented. Motion passed unanimously.


5. Adjournment
5. Adjournment

Subject 5.1. Motion to adjourn
Meeting August 20, 2025 - City Council License Committee Meeting - Wednesday, August
 20, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 5. Adjournment

Department Council and Board


Type Action
 Procedural


Recommended Action Motion to adjourn
5.1. Motion to adjourn
Chair Broderick adjourned the meeting at 4:49 pm.