Ord 2020-030/amending Chapter 74 of the San Marcos City Code by adding an addendum to Article 6 that establishes procedures and criteria for the granting of a temporary, revocable, licenses for parklets as a means to reactivate downtown following the COVI

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f. require the relocation of any utility or utility facility. (b) General requirements for all temporary parklet licenses. A license applicable to permitted uses and improvements allowed under this article, shall include, as applicable: (1) all requirements set forth in the Temporary Parklet Manual or other applicable technical standards and specifications with which the Licensee must comply; (2) terms and restrictions necessary to protect public use of the public right-of-way or the facilities and access needs of a public or private utility provider; (3) specifications for required clearances between the improvements and utility facilities, whether above ground, underground or overhead, as prescribed by applicable building and health and safety codes, franchise agreements or state or federal laws; (4) a requirement that the licensee pay the cost to relocate a utility facility or improvement in a public right-of-way in connection with the installation of the improvements, if consent is granted for such relocation; (5) authorization for the city or a utility provider to remove, without liability, all or part of the improvements if necessary to obtain access to an affected utility facility; (6) provisions approved by the city attorney that require the licensee to indemnify, defend, hold harmless and release the city, its officers, agents, and employees from any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation for injury or death of any person, or for damage to any property, arising out of or in connection with licensee's use of public right-of-way; (7) a provision specifying that the term or expiration date of the license shall not exceed August 14, 2020. (8) a provision for termination of the license for violation of its terms, subject to notice of the violation and an opportunity to cure the violation within 5 calendar days after receipt of the notice, except that violation of the expiration date shall be addressed immediately.; (9) a provision for termination of the license by the city without recourse before the end of the license term when necessary to