HomeMy WebLinkAboutAgenda Statement 1984/05/22 Item 7 COUNCIL AGENDA STATEMENT
Item 7
Meeting Date 5/22/84
[TEM TITLE: Resolution/ Renewing lease agreement for sidewalk cafe -
/ 323 Third Avenue
;UBMITTED BY: Community Development Director CP----- (4/5ths Vote: Yes No X )
;EVIEWED BY: City Manager
The original Sidewalk Cafe Policy allowing proprietors of restaurants within the Town
Centre Project, Subarea 1 , to utilize public right-of-way adjacent to their property
for sidewalks cafes was approved in early 1983, and re-evaluated and accepted in
April , 1984.
In May of 1983, the City Council entered into an agreement with Auguste and Vasco
Rodrigues for the lease of public right-of-way to be used for a sidewalk cafe at
the corner of Third Avenue and Center Street. The lease was for 12 months and will
expire at the end of May. Therefore, Mr. and Mrs. Rodrigues have requested to renew
the Lease Agreement in accordance with the approved policy.
RECOMMENDATION: That the City Council adopt the attached resolution renewing a
lease agreement with Auguste and Vasco Rodrigues for the use of public right-of-way
located at the northeast corner of Third Avenue and Center Street for a sidewalk
cafe.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The attached lease agreement states that Mr. & Mrs. Rodrigues, as lessees, will
continue operation of the Sidewalk Cafe in accordance with the rules and regulations
of the adopted Sidewalk Cafe Policy and concept plan approved by the Redevelopment
Agency. The agreement is for 12 months and stipulates the annual rent, schedule
for payment of rent, and provides a right of reversion in the event that the lessee
does not conform to the requirements of the document.
The Engineering Department has reviewed the original encroachment permit issued in
198.1 for the subject use and has found that it is currently valid and does not need
revision. Mrs. Rodrigues has submitted a certificate of insurance confirming that
the City is adequately protected from liability as required by the Sidewalk Cafe
Policy.
FISCAL IMPACT: The annual rent for sidewalk cafe usage, as established in the
policy, is $2 per square foot annually. Therefore, based on 550 sq. ft. of public
right-of-way to be utilized for the cafe, Mr. & Mrs. Rodrigues will be charged
$1 ,100 annually which is payable quarterly.
PRB:rd 9
40-,--frk-/ X___ ,;
Form A-113 (Rev. 11/79)
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