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Home My WebLink AboutReso 1986-12666 RESOLUTION NO. 12666 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RENEWING A LEASE AGREEMENT WITH AUGUSTE AND VASCO RODRIGUES The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, in accordance with conditions set forth in Encroachment Permit No. PEO15 approved on May lO, 1983, the City of Chula Vista desires to renew an existing lease agreement with Au§uste and Vasco Rodri§ues for the use of public right-of-way located at the northeast corner of Third Avenue and Center Street as modified this date. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that the Mayor is authorized to execute said lease a§reement attached as Exhibit A. Prese~ed by ~? Approved as to form by Pa~ G. Desrochers / Thomas J. Harron Community Development D~rector City Attorney WPC 2414H ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 12th day of August 19 86 , by the following vote, to--~it: AYES: Councilmembers Cox, M¢Candllss, Campbell, Moore NAYES: Councilmembers None ABSTAIN: Councilmembers None ABSENT: Councilmembers Malcolm M~fthe City of Chulo Vista ATTEST ~/' City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12666 ,and that the same has not been amended or repealed DATED City Clerk crlY OF CHULA VI I'A CC-660 LEASE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND AUGUSTE AND VASCO RODRIGUES FOR THE LEASING OF PUBLIC LAND This agreement is entered into by and between the City of Chula Vista, a municipal corporation, of the State of California, hereinafter called "LESSOR", and Auguste and Vasco Rodrigues, wife and husband as joint tenants, hereinafter called "LESSEE" 1. The City of Chula Vista agrees to lease to LESSEE approximately 550 square feet of public right-of-way located at the northeast corner of Third Avenue and Center Street described on Attachment "A" of the conceptual plan for construction of a sidewalk cafe at 322 Third Avenue approved by Redevelopment Agency Resolution No. 416 on April 14, 1983, and modified in accordance with Redevelopment Agency Resolution No. 506 on May 17, 1984. 2. LESSEE agrees to lease said property subject to the following lease terms: 3. Lessee shall pay $1,100 annual rent prorated on a monthly basis to the City of Chula Vista. Said rent shall be paid to the Lessor quarterly in arrears on the last day of September, December, March and June. 4. This lease shall extend through June 30, 1987, unless further extended by the mutual agreement of the parties. 5. Lessee shall adhere to all general rules stated within the Sidewalk Cafe Policy adopted by the Redevelopment Agency Resolution No. 395 on November 4, 1982, a copy of which is attached as Attachment "A". 6. Lessee shall adhere to all requirements and conditions set forth in public right-of-way Encroachment Permit No. PEO15 on file in the Chula Vista City Engineering Department. 7. Prior to execution of this lease agreement, Lessee shall submit to the City Engineer a certificate of insurance in the amount of no less than $1,000,000 naming the City of Chula Vista as additional insured. 8. Lessee agrees to hold harmless and indemnify agency against all losses due to personal injury, death or damage to property arising out of Lessee's use of the demised premises. 9. Lessee shall adhere to all terms of this agreement and the City of Chula Vista shall have the right to deem this agreement null and void, and the Lessee shall cause removal of the described sidewalk cafe facilities within 30 days of written notice if the terms and the conditions of this agreement are not fulfilled. City of C~ula Vista/Lessor Lessee Gregory~/~ ~ox, ayor ~L]~/~e Rodrigu~//~Z9 ~asco Rodrigues /~ WPC 2414H /< · 1307 Revised 10/82 City of Chula Vista, California Chula Vista Redevelopment Agency Policy Pertaining to the Use of the Public Sidewalks of the Town Centre No. I Project Area by Sidewalk Cafes (Outdoor Restaurants) A. GOAL The purpose of the following statements of policy are to authorize the establishment of sidewalk cafes on the public sidewalks of Town Centre No. I, under certain prescribed circumstances, where these uses would not conflict with the provisions of the Town Centre Redevelopment Plan, the Town Centre Design Manual, or the City of Chula Vista's interest in the maintenance of its sidewalks as safe and accessable paths for pedestrians. B. STATEMENT OF POLICY 1. Sidewalk cafes shall be confined to Subarea 1 of Town Centre No. 1. Sidewalk cafes shall not be established within Subarea 1 unless encroachment permits have been granted by the City Engineer. 2. Sidewalk cafes shall not directly or indirectly endanger or inconvenience pedestrians to a significant extent, and that a minimum 6'-wide, unencumbered pedestrian way will be maintained. 3. Sidewalk cafes shall not adversely affect the trade or business of nearby commercial or professional uses, or adversely affect residential enjoyment. 4. Sidewalk cafes shall not be injurious to the landscape, irrigation, street furniture or paving installed within the public walkways. 5. Operators of sidewalk cafes shall be required to carry liability insurance and hold the City of Chula Vista and the Redevelopment Agency harmless from damages occurring as the result of the operation of the cafe. 6. All requests for permission to locate sidewalk cafes on the sidewalks of Subarea 1 shall be reviewed by the Town Centre Project Area Committee, and the City Engineer. Their findings and recommendations shall be forwarded to the Redevelopment Agency. 7. This policy, and all sidewalk cafe permits shall be annually reviewed by the Redevelopment Agency for recommendation to alter or continue the policy or permits. 1308 EXHIBIT A Page 2 D. GENERAL RULES All permitted sidewalk cafes shall be established and maintained in conformity with the following general rules. 1. All sidewalk cafes shall adjoin and be operated in conjunction with indoor restaurants or food stores licensed to sell food for consumption on the premises. 2. Sidewalk cafes shall not be self-serviced. Tables will be served by waiters or waitresses. 3. All restaurant equipment and furniture located on a sidewalk shall be portable. 4. All sidewalk cafes shall be enclosed within non-permanent architectural or landscaped barriers or screens, as approved by the Town Centre Design Review Board. 5. A sidewalk cafe shall not be established until the applicant has posted a bond or furnished proof of insurance which adequately protects the City and the Agency from liability related to the proposed cafe. 6. The operator of a sidewalk cafe shall pay the City of Chula Vista an annual permit fee for the use of the public sidewalk. The annual rent for sidewalk usage will be $2.00 per square foot; the calculation of square feet shall include the space occupied by the architectural or landscaped barrier or screen, as well as, the actual eating area. WPC 0398H