For those companies, corporations, persons or individuals wishing to lease the public right-of-way for installation of private amenities as described in Section 910.02(a) of this chapter the following obligations shall apply:
(a) The lessee shall restrict use of the leased premises to the patrons, customers and guests of the lessee's establishment when said premises are used for outdoor seating and dining purposes;
(b) The lessee shall not erect or permit any obstructions of a permanent nature to be located within the leased premises;
(c) The lessee shall not erect or permit obstructions of a permanent or temporary nature to be located within the non-leased portion of the public sidewalk or shared-use path or other real property within the public right-of-way;
(d) The lessee shall restrain and prevent its employees, patrons, customers, business invitees, and guests from blocking, obstructing or hindering the flow of pedestrian traffic upon the non-leased portion of the public sidewalk, or pedestrian and bicycle traffic upon the shared-use path or other real property within the public right-of-way;
(e) The lessee shall keep the premises and any adjacent non-leased public sidewalk or shared-use path or other real property within the public right-of-way clean and free of debris;
(f) Lessee shall acknowledge acceptance of the premises in "as is" condition with absolutely no warranties, implied or expressed, by the Village as to the condition or suitability of the premises for the intended use;
(g) Lessee shall apply for and receive approval for all building, zoning and any other permits required as a result of the proposed use of public sidewalk or shared-use path or other real property within the public right-of-way before any occupation of the public sidewalk or shared-use path or other real property within the public right-of-way may occur;
(h) Lessee shall not assign any lease without the written consent of the director of public service and/or their designee. Such consent shall not be unreasonably withheld. (Ord. 09-20. Passed 7-27-20.)