A. Encroachment License agreements, which allow for the use of Park’s jurisdictional right-of-way or property, above or below grade, by the adjacent property owner, shall contain these features:

1. Each yearly use agreement shall commence on January 1 and terminate in December 31 of each calendar year. The Board of Parks and Recreation commissioners may extend the term of the agreements on a case by case basis to account for permanent or semi-permanent nature of the encroachment features
2. A per square foot price shall be levied as a part of each license when the use is completely underground and does not extend to the surface, such as vaults.
   • This amount shall be $2.00 per square foot per year, with a minimum fee amount of $150.
   • Year one of a new agreement may be prorated for the term of the new agreement at a rate of $2.00 per square foot per year, with a minimum fee amount of $150.
   • The entire yearly amount must be paid, in full, upon the issuance of the license.
   • The Board of Parks and Recreation commissioners may increase the per square foot range upon request of the staff, to be applied pro-actively upon the agreement termination.
3. A per square foot price shall be levied as a part of each license when the use includes movable valet parking signs and/or any other item temporarily placed in or upon the Park’s right-of-way or property.
   • This amount shall be $15.00 per square foot per year, with a minimum fee amount of $150.
   • Year one of a new agreement may be prorated for the term of the new agreement at a rate of $15.00 per square foot per year, with a minimum fee amount of $150.
   • The entire yearly amount must be paid, in full, upon the issuance of the license.
   • The Board of Parks and Recreation commissioners may increase the per square foot range upon request of the staff, to be applied pro-actively upon the agreement termination.
4. A per square foot price shall be levied as a part of each license when the use includes signs, railings, ramps, manholes, stormwater BMPs, wells, window wells, stairs, planters, decks, walls, patios, doors, awnings, lighting, and is affixed and/or used in a manner which is intended to be permanent or semi-permanent, placed in or upon the Park’s right-of-way or property.
   • This amount shall be $18.00 per square foot per year, with a minimum fee amount of $150.
   • Year one of a new agreement may be prorated for the term of the new agreement at a rate of $18.00 per square foot per year, with a minimum fee amount of $150.
   • The entire yearly amount must be paid, in full, upon the issuance of the license.
   • The Board of Parks and Recreation commissioners may increase the per square foot range upon request of the staff, to be applied pro-actively upon the agreement termination.
5. Licensees with encroachment license agreements approved by the Parks and Recreation Board of Commissioners will comply with all requirements outlined in Chapters 18 and 64 of the City’s Code of Ordinances.

B. Sidewalk Café Lease agreements which allow for business to be conducted on Park property shall contain these features:

1. Each yearly use agreement shall commence on January 1 and terminate in December 31 of each calendar year.
2. A per square foot price shall be levied as a part of each lease when the use includes tables,  chairs, railings, lighting, heat lamps and/or any other item temporarily placed in or upon the Park’s right-of-way or property, and may include food and beverage service without alcohol allowed.
   • This amount shall be $15.00 per square foot per year, with a minimum fee amount of $150.
   • Year one of a new agreement with a business for sidewalk amenities may be prorated for the term of the new agreement at a rate of $15.00 per square foot per year, with a minimum fee amount of $150.
   • The entire yearly amount must be paid, in full, upon the issuance of the license.
   • The Board of Parks and Recreation Commissioners may increase the per square foot range upon request of the staff, to be applied pro-actively upon the lease termination.
3. A per square foot price shall be levied as a part of each lease when the use includes tables, chairs, railings, lighting, heat lamps and/or any other item temporarily placed in or upon the Park’s right-of-way or property, and may include food and beverage service with alcohol allowed or beverage service only with alcohol allowed.
   • This amount shall be $18.00 per square foot per year, with a minimum fee amount of $150.
   • Year one of a new agreement with a business for sidewalk amenities may be prorated for the term of the new agreement at a rate of $18.00 per square foot per year.
   • The entire yearly amount must be paid, in full, upon the issuance of the license.
   • The Board of Parks and Recreation Commissioners may increase the per square foot range upon request of the staff, to be applied pro-actively upon the lease termination.
4. A per square foot price shall be levied as a part of each lease when the use includes above listed items, and is affixed and/or used in a manner which is intended to be permanent or semi-permanent (such as a deck) and may include food and beverage service without alcohol allowed.
   • This amount shall be $25.00 per square foot per year, with a minimum fee amount of $150.
   • Year one of a new agreement with a business for sidewalk amenities may be prorated for the term of the new agreement at a rate of $25.00 per square foot per year, with a minimum fee amount of $150.
   • The entire yearly amount must be paid, in full, upon the issuance of the license.
   • The Board of Parks and Recreation Commissioners may increase the per square foot range upon request of the staff, to be applied pro-actively upon the lease termination.
5. A per square foot price shall be levied as a part of each lease when the use includes above listed items, and is affixed and/or used in a manner which is intended to be permanent or semi-permanent (such as a deck) and may include food and beverage service with alcohol allowed or beverage service only with alcohol allowed.
   • This amount shall be $28.00 per square foot per year, with a minimum fee amount of $150.
   • Year one of a new agreement with a business for sidewalk amenities may be prorated for the term of the new agreement at a rate of $28.00 per square foot per year, with a minimum fee amount of $150.
   • The entire yearly amount must be paid, in full, upon the issuance of the license.
   • The Board of Parks and Recreation Commissioners may increase the per square foot range upon request of the staff, to be applied pro-actively upon the lease termination.

6. Establishments with café lease agreements approved by the Parks and Recreation Board of Commissioners will comply with all requirements outlined in Chapter 64 of the City’s Code of Ordinances.

January 2018