In the event the City chooses to purchase parklets to be owned by the City, the City may choose to lease such parklets to eligible persons, under the following conditions:
1. The leasing applicant shall submit an application and proposed site plan for approval in accordance with the terms set forth in Section 142.05.
2. Upon approval of the permit and site plan by the planning and zoning department, the proposed permit shall be presented to the City Council for final approval by resolution.
3. The application fee and scheduled rental fee for leasing a City-owned parklet shall be determined by the City Council and established by resolution.
4. The leasing applicant shall be required to enter into a formal Parklet Use Agreement, in a form and pursuant to the terms as determined by the City Council and City's legal counsel.
5. The planning and zoning department, with final approval of the City Council and City's legal counsel, shall have full discretion to determine the parklet rental terms, including, inter alia, length of lease term, location of parklet placement, and terms of use.
6. The lessee must comply with all other obligations set forth in this Code Chapter, including parklet operation and conditions; dates and hours of operation; taxes, assessments, operating costs and utility charges; and indemnity and insurance requirements.
7. The City and/or an agent thereof shall be responsible for transporting the leased parklet to the approved location and providing for installation. The City and/or its agent shall invoice the lessee for the actual costs associated with transporting and installing the parklet, and the lessee shall be obligated to reimburse the City for such costs within thirty (30) days of receipt of the invoice.
8. The lessee shall be responsible for any damage to the parklet during the term of the lease.
9. The planning and zoning department may deny or revoke a parklet lease if it is found that:
A. Any required business or health permit has been suspended, revoked or cancelled.
B. The lessee does not have the insurance that is correct and effective in the minimum amounts described in section 142.10.
C. Violation of any of the conditions set forth in section 142.07, Parklet operation and conditions, or any other provision of the Windsor Heights Code of Ordinances.
D. The lessee has failed to correct violations of this chapter or conditions of the lease within three (3) days of receipt of the planning and zoning department's notice of same delivered in writing to the lessee by registered mail, return receipt requested to the last address provided by the lessee to the City.
E. In the event that the parklet lease granted herein shall (a) ever conflict with a superior municipal interest of the City or public, or (b) at any time the City requires the use of the parklet area for a superior conflicting municipal purpose or (c) determines that continuation of the parklet lease granted herein is no longer in the best public interest, all as determined by the City Council after at least fifteen (15) days advance notice to lessee that the matter will be considered by the City's Planning and Zoning Commission, then, in that event, the parklet lease granted herein shall be terminable, in whole or in part, at the will of the Planning and Zoning Commission.
F. In the event that emergent conditions arise within the parklet area that present an imminent threat to the health, safety or welfare of persons or property.
10. Upon denial or revocation, the planning and zoning director shall give notice of such action to the lessee in writing stating the action which has been taken and the reasons therefor. The lessee shall have appeal rights as set forth in Section 142.12.
(Ch. 142 – Ord. 16-08 – Oct. 16 Supp.)