HomeMy WebLinkAbout05(G) - Approval of a Public Property Use Permit for PLate on Main, LLC Report1
PUBLIC PROPERTY USE PERMIT
This Public Property Use Permit (“PPUP”) is entered into on this day of ,
2024, by and between the City of Prior Lake, a Minnesota municipal corporation with an address
of 4646 Dakota Street SE, Prior Lake, MN 55372 (the “City”) and PLate on Main, LLC, a
Minnesota Limited Liability Company with an address of 16323 Main Avenue, SE, Prior Lake,
MN 55372 (the “Permittee”).
RECITALS
WHEREAS, Permittee is the owner of property located at 16323 Main Avenue SE, Prior Lake,
Minnesota (PID 250020030) (the “Property”); and
WHEREAS, Permittee has requested permission of City to construct bifold windows on the front
street facing side of an enclosed patio space that can be opened periodically
(“Windows”); and
WHEREAS, When opened, the Windows are proposed to extend approximately thirty-nine
inches (39”) from the front of the building over the sidewalk; and
WHEREAS, The existing sidewalk is approximately 109 inches wide between the back of curb
and building wall; and
WHEREAS, City requires approval and execution of this PPUP prior to placement of the
Windows due to the encroachment on a public sidewalk; and
WHEREAS, Permittee has requested permission of City to construct the Windows which will
encroach periodically on the public sidewalk in front of the Property.
AGREEMENT
In consideration of the foregoing Recitals, incorporated herein as if fully set forth, and the mutual
covenants herein, the parties agree as follows:
1. PUBLIC PROPERTY. Permittee acknowledges that the sidewalk adjacent to the Property is
public property which must remain open to the public for public use.
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2. WINDOWS PERMITTED. Subject to the terms of this PPUP, the Permittee may install the
Windows which periodically extend 39” over the public sidewalk area depicted on attached
Exhibit A.
3. PEDESTRIAN USE OF SIDEWALK. The primary use of the public sidewalk is to provide
the public a safe location for pedestrian traffic. The use of the sidewalk for commercial uses is
subordinate to the publics’ use of the sidewalk for foot or chair travel. The Permittee shall
always maintain a minimum travel distance of five (5) feet for foot and chair travel.
4. INDEMNITY. The Permittee shall indemnify, defend and hold the City and its employees,
contractors, agents, representatives, elected and appointed officials, and attorneys harmless
from any and all claims, damages, losses, costs and expenses, including attorneys’ fees,
arising from, based on, or related to the Window, including, but not limited to, any claim
asserted against the City as a result of the location allowed by the Permit. The Permittee shall
be jointly and severally liable for the obligations set forth in this paragraph.
5. INSURANCE. Permittee shall maintain a general liability insurance policy which provides
coverage for damage to personal property and injury to persons. Said policy shall contain a
clause which provides language stating that the company that issues the policy shall not
change, non-renew, or materially change the policy without first providing the City thirty
(30) days prior written notice. The Permittee shall provide the City with a Certificate of Insurance that
names the City as an additional insured.
6. WAIVER OF CLAIMS. The Permittee acknowledges City’s ownership of the sidewalk for
the benefit of the public and knowingly and voluntarily waive and release any and all claims
against the City arising from, based on, or related to the use of the sidewalk as permitted by this
PPUP. The Permittee acknowledges that they were advised that this is a legal document and
that the Permittee should seek legal counsel in connection with this PPUP and that the
Permittee has read and understand the terms of this PPUP.
7. CONDITION OF SIDEWALK. The Permittee acknowledges the City has made no
representations or warranties regarding the condition of the sidewalk or its suitability for the
uses permitted by this PPUP.
8. BINDING EFFECT. Except as hereinafter provided, this PPUP shall run with the land and
bind and inure to the benefit of the parties hereto and their respective heirs, successors and
assigns.
9. ENTIRE AGREEMENT. This PPUP contains all the terms and conditions related to the
placement of a Window adjacent to the sidewalk in front of the Property and replaces any oral
agreements or other negotiations between the parties. No modifications of this PPUP shall be
valid until they have been placed in writing and signed by all parties hereto.
(Signature Pages Follow)
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CITY:
By:
Jason Wedel
Its: City Manager
STATE OF MINNESOTA )
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of ,
2024, by Jason Wedel, City Manager of the City of Prior Lake, Minnesota, a municipal
corporation on behalf of the corporation.
NOTARY PUBLIC
PERMITTEE:
By:
Its:
STATE OF MINNESOTA )
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of ,
2024, by , the of PLate on Main, LLC, a Minnesota
Limited Liability Company on behalf of the company.
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372
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Exhibit A