CITY of RAPID CITY

Agenda Item Summary

 

Meeting Date: August 28, 2013 Click here to enter date.

Commission, Board or Committee: Click here to enter date.

Staff Contact: Allison Marsland, Asst. City Attorney

PW Committee or L&F Committee: August 28, 2013

Petitioner: Fischer Furniture, Inc.

City Council 1st Reading: Click here to enter date.

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City Council 2nd Reading: Click here to enter date.

Agenda Title:

Authorize Mayor and Finance Officer to Sign Memorandum of Understanding between the City of Rapid City and Fischer Furniture, Inc., Relating to Right-of-Way Use

Summary:

For many years, Fischer Furniture, Inc. has come before the City Council on an annual basis for approval to use certain City right-of-way for a temporary tent, and each year the Council has approved that temporary use. The City right-of-way at issue is adjacent to 1700 West Main Street, and is identified in yellow on “Exhibit A”, which is attached to the Memorandum of Understanding (“MOU”) before the Council for this item. Each year, the tent is in place for approximately twelve days during the September/October time-frame. The MOU before the Council is an agreement memorializing authorization for annual use of the City right-of-way to erect a temporary tent for a maximum of twelve days during September/October. The initial term of the MOU is for five years, with automatic renewal for additional one-year terms. The MOU provides for immediate termination of the agreement should the City need to utilize the right-of-way at issue for public purposes. Approval of the MOU authorizes entering into a long-term agreement for use by Fischer Furniture, Inc., of City right-of-way for an annual temporary tent.

Funding Source & Fiscal Impact (if applicable):

N/A

Recommendation:

Action: Choose an item. Staff recommends approval of the MOU.

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Options:

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Attachments & Links:

Memorandum of Understanding

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