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HomeMy WebLinkAbout026-2022DocuSign Envelope ID: BF4CFBDO-94CA-4F18-95CB-373361572016 RESOLUTION NO. 26-2022 AUTHORIZING AN EXTENSION AND AMENDMENT OF THE ENCROACHMENT PERMIT/RIGHT-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 32 years; and WHEREAS, the Town has previously granted an Encroachment Permit/Right-of-Entry to the Pacific Coast Farmers' Market Association (PCFMA) to operate the Danville Certified Farmers' Market upon a portion of the Town of Danville's Railroad Avenue Municipal Parking Lot; and WHEREAS, the Encroachment Permit/Right-of-Entry includes by reference the Danville Certified Farmers' Market Operating Agreement (Agreement) with the PCFMA; and WHEREAS, at the April 12, 2022 Study Session the Town Council discussed minor modifications to the Agreement in support of Danville businesses; and WHEREAS, Town Council discussed the sale of alcohol at the market and agreed that Danville -based businesses that have a primary business model of production and/or sale of beer and wine are permitted to sell pre-packaged alcohol (i.e., bottles, cans) at the Merchant at the Market Booth only. Tasting is not permitted; and WHEREAS, the current Encroachment Permit/Right-of-Entry expires May 15, 2022; and WHEREAS, the Town wishes to extend the Encroachment Permit/Right-of-Entry as amended, for a period of three years; now, therefore, be it RESOLVED that a portion of the Railroad Avenue Municipal Parking Lot shall continue to be closed each Saturday from 7:00 a.m. to 2:00 p.m. for the operation of the Danville Certified Farmers' Market; and be it further RESOLVED that the Town Manager is hereby authorized to execute the amended Encroachment Permit/Right-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 therefore, be it APPROVED by the Danville Town Council at a regular meeting on April 19, 2022 by DocuSign Envelope ID: BF4CFBDO-94CA-4F18-95CB-373361572016 the following vote: AYES: Arnerich, Fong, Morgan, Stepper, Storer NOES: None ABSTAINED: None ABSENT: None DocuSigned by: 7095EBBD2D04475... MAYOR APPROVED AS TO FORM: ATTEST: DocuSigned by: R4c44 R. E44441 895C6C4OADBF4BF... EDocuSi 71735A3F04C942F... CITY ATTORNEY CITY CLERK PAGE 2 OF RESOLUTION NO. 26-2022