HomeMy WebLinkAbout018-2010 RESOLUTION NO. 18-2010 AUTHORIZING AN AMENDED ENCROACHMENT PERMITjRIGHT-OF-ENTRY AGREEMENT WITH THE PACIFIC COAST FARMERS' MARKET ASSOCIATION WHEREAS, the Town of Danville has hosted a Certified Farmers' Market in its Old Town business district for the past 20 years; and WHEREAS, the current operator of the Farmers' Market, the Pacific Coast Farmers' Market Association (PDFMA), holds an Encroachment PermitjRight-of-Entry to use a portion of the Railroad Avenue Municipal Lot as authorized by the Town of Danville; and WHEREAS, the Encroachment PermitjRight-of-Entry includes by reference an Operating Agreement with the PCFMA; and WHEREAS, the Encroachment PermitjRight-of-Entry expired in May, 2009; and WHEREAS, the amended Encroachment PermitjRight-of-Entry shall be valid for a period of three years from March 2,2010; and WHEREAS, it may become necessary to utilize a portion of the defined Farmers' Market permitted area as a construction staging area for the Veterans Memorial Building renovation project; and WHEREAS, the operation agreement shall be amended to include direction provided by the Council at the February 9, 2010 Study Session related to Non-agricultural vendors percentage increase from 25% to 35% during October through April, provided the additional 10% increase consists of Danville based non-agricultural vendors; and WHEREAS, the agreement shall also be amended to include government organizations - to participate at the market in the "Merchant at the Market" booth if availability permits; now, therefore, be it RESOLVED that a portion of the Railroad Avenue parking lot shall continue to be closed each Saturday from 7:00 a.m. to 2:00 p.m. for the operation of the Certified Farmers' Market; and be it further RESOLVED that the Town Manager is herby authorized to modify the boundaries of the permitted area as needed for _ the Veterans Memorial Building or other capital projects, and be it further RESOLVED that the Mayor is hereby authorized to execute the amended Encroachment PermitjRight-of-Entry Agreement with the Pacific Coast Farmers' Market Association in the form as lodged with the City Clerk, together with such changes as hereafter may become necessary, provided that such changes do not materially increase the obligations of the Town hereunder; and be it further RESOLVED that the Town Manager is herby authorized to modify the boundaries of the permitted area as needed for the Veterans Memorial Building or other capital projects; and therefore be it APPROVED by the Danville Town Council at a regular meeting on March 2,2010 by the following vote: 1\1r:ES: Doyle, Stepper, Andersen, Arnerich, Storer NOES: None \ 1\BST 1\IN: None 1\BSENT: None ~~~ APPROVED 1\S TO FORM: 7W13 -.c: CITY A'ITORNEY J P1\GE 2 OF RESOLUTION NO. 18-2010