HomeMy WebLinkAboutReso 1983-11231
nc~O~.JING REQUESTEO~~:. '
AttO MAIL TO~ . .' ~"<;~~
~~~~. 2242
~ Vi,dv
~/4 q l{) ID
RESOLUTION OF THE CITY COUNCIL OF THE CITr-OF
CHULA VISTA ENTERING INTO A LEASE AGREEMENT WITH
AUGUSTE AND VASCO RODRIGUES
83-161057
-"',
r--. '
1 ", . r; \.'~\\n~ i
I I" \ .. ~ ,,' r 'I ' \
\ :y~,..,..I_..:; ,.1" i~<:.i
", :1f:Y I b PM \2 3B
RESOLUTION NO. 11231
\ i; :
'I~ '
i (" ~
1 \.1,
'.~
The City Council of the City of Chula Vista does hereby resolve as NO FEE
fo 11 ows:
WHEREAS, in accordance with conditions set forth in Encroachment
Permit No. PE015 approved on May 10, 1983, the City of Chula Vista desires to
enter into a 1 ease agreement with Auguste and Vasco Rodri gues for the use of
public right-of-way located at the northeast corner of Third Avenue and Center
Street.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chula Vista, that the Mayor is authorized to execute said lease agreement
attached as Exhibit A.
Presented by
Approved as to form by
-~..,
I ...
" !
...."'! .') -J\ '1.'4 /
" / .-t-'(7 '-C'~ I
~, Georgl~erg
City Attorney
WPC 0651H
· · 2243
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this---1.01'.h.-day of May
19 R3 ,by the following vote, to-wit:
AYES:
Councilmen Scott, Cox, ~ret MctAodlJss
NAYES:
ABSTAI N:
ABSENT:
Councilmen---1jone
ColIlcilmen---Hone
Councilmen -1jone
/s/ Gregory R. Cox
Mayor of the C~y of Chula Vista
/5/ Jennie M. Fulasz
ATTEST
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
)0 HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of ·
RESOLUTION NO. 1l.W ,and that the same has not been amended or repealed.
)ATED
May 11, 1983
( seal)
.
.. ~."1U~~
CC-660
,.H 2244
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. LESSOR 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", the conceptual
plan for construction of a sidewalk cafe at 323 Third Avenue approved
by Redevelopment Agency Resolution No. 416 on April 14, 1983.
2. LESSEE agrees to lease said property subject to the fol-
lowing lease terms:
3. Lessee shall pay $1,100.00 annual rent prorated on a
monthly basis to the City of Chula Vista. Said rent shall be paid
to the Lessor monthly in advance on the first day of each month.
4. The term of this lease shall be one year unless 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 Resol-
ution No. 395 on November 4, 1982, a copy of which is attached as
Attachment "B".
1Z~ \\~J\
6. Lessee shall adhere to all requirements and conditions
set forth in public right-of-way Encroachment Permit No. PED15
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
if" 2245
of no less than $1,000,000 namlng the City of Chula Vista and
Redevelopment Agency of 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 Redevelopment Agency shall have the right to deem this agree-
ment 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 Chula Vista/Lessor
Lessee
By:
JL fCx
Gre~R. Cox, Mayor
041 ) f
. ;'
By:) ~ <cd ~ l;Poll;ct. "'I
Aug'ste Rodriguestl
/)~. -'
/ /j
By: ~a4/J -i M~/Uu4
Vasco Rodrigues ~
~_ ,'~3\
.. 2246
MUNICIPAL CORPORATION FORM
STATE OF CALIFORNIA
ss
COUNTY OF SAN DIEGO )
ON THIS 11th day of May , 19 83 , before
me, the undersigned, a Notary Public in and for said County and
State, residing therein, duly commissioned and sworn, personally
appeared Gregory R. Cox , known to me to be the
Mayor of the City of Chula Vista, the municipal corporation that
executed the within Instrument, known to me to be the person who
executed the within Instrument, on behalf of the municipal corpo-
ration therein named, and acknowledged to me that such municipal
corporation executed the same.
WITNESS my hand and official seal.
@ ELEANOR L. NIDA
NOTARY PUBUC - CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My CommInJoA Sap"" May 18,1984
y<.
(~~~ ..;-\ ,>>:L
Notary Public in and for said County and State
--.:> r"\ "2 \
~ - \ \::1-- :>
':'.'", j ,
'. ......,;.
':".',~. .
.. ...... .
-..., I'
". .... .
. ".f :.
~~ ;
,I.,
l'.,....~.
.,
:'..(;, I;"
L. ,. "j'
".'," ".'
,- " .
.' "r',
;"', I
. ',"., I
...'.......' ~J
.. -I.
..):....
, ....~ . . ..
""'.
" '
. .9;--.~'
..' v."
.. r
; ~
, .
j;..
. of ~_
I
i(
()
'_,; ,0.
. ,
-.. ~ ,.'
..,... .
; ;~, .'
) rlf n
, t ~ ~,
.", j 1\
~ 0 ~ ~
'q
~ ~
);. t,
~ ~
&
,.:
I II
t
... ~ .
J
r
~~~;:.j.~s:~::?-
~t~::;:,-~,J~
~ ',,"..
'!ill'il\!l:~."
1'1 'III, ~
; Ii J[ '; i
" 1'- .
.." " I ,.I~i: :'.' .
II ' '\ .
Ii \ i i
1 I, \ ;,
; ! i \ 'i, :
, Ii 'I/'!
, :; \ j)'
, ~ "y I I;:
\ '. i/ i!!
""\ i!; fI r
, , ;ji ;i!,
; \ ! i! :; i!
~ ;11 i
'I i,
I, i!
~ l if
II
I,
I;
. "I
l.,'}':
,':: ,i,
:' I.
I.
.. ~
.
l< I I{
. . ~ ~
l ~ "
\, {
.~
l
.
i
h ~"i. ~.
~ ~ Il
Z ~ ~ .
. ff, :t. ~ ',:
Q <: f}'
: ,'\, t
~ ( ).
~ 0 b
'-' ~ ..~ Z
1\ ,~
~ . ~
~. ~
~ ~
~I '"
b
l.,
i!
~
.:R~ \ (9-"51
~
~.
{
I
l
"
"
~ ~
/ \
~ 1
o ~
~ ~.
,~
~ ~
~ /J
~ ~
~: '1
~ ~
~
~
o ~
~. ,,'
~ t
~ I
.. ~'
(ll/
~~
~ R
~ t
t\
~I ~
" n
0i ,111
~
.I)
~
'\ ~<
t
<
~
~
,
~
.
,
...,..~. r_.._~.... ....,,--......._~-,...~
", .......'r'.' ~. -..)..~..:;.(~.. r..:.:;. -:.....~-;;.'
2247
\~
1.
~
;':~", " .'ti~;,J~~~~!~f~'}tt'~;I~;I{;
~ . I ". ";'-
I.
"I '".
/,
i
'I
I
I
~
i ~
I'
I
I
I
i
,I
I
I
I
I
.-l.--
)J
.,
~
,
?
n
I
~
l
"
~
l>
~
~
~
~
r--
, .
J__~~
,'; ~:I.
;',
-..,,-=-.....:
1-~'-..--
i
1----'---
,
,':.-'.
I
fI'JJ
'j'
- . -, ~ - -- ~
_.' .'--' " -. _.-"
:',LI::J ,.
---:..:..::
.~
:' -'
11
~ .
1
h
~~
)(j
t",
~ h
~\
;;
.
- . " ... .._ ,\- . - I"
1;\. ''''f'7 ~ ~: ~~. r-., ilJf\~"P.'~. ,.- 'A'-''-'-
C' 'I'. ~l """ :',', l;l.' ~I,!J t ' . '.
'd~:~~"u&J~~~m..;b-v . I "
.
:-
"
~
'"6
::J
'll
os;
:a
.E
-Ii
..;
lI:l
q
.
!ei
ti~
'"
:s
~
'"
:>
"
~
'"6
::J
'll
os;
:a
.E
...
u
..;
<Ii
q
.
~Pc
_ IS
jiii
'"
:s
.
J
III
STATE OF CAUFORNIA
COUNTY OF SAN DIEGO
On May 11. 1983
~
'"
} SS.
before me,
the undersigned, a Notary Public in and for: said ~IY Jnd State,
personally appeared Ou LL.r>7~ L 7 ,....,,~ ~1"'~,/I.a..J
, known to me
to be the person_whose name is ~bscribed to the
within instrument and acknowledged that J'? -executed the
s~a . y~J.,;}
'-' -<'<~? (- '_7;J.U-j/~L
,k -//02..)/
.
i
ai
STATE OF CAUFORNIA }
COUNTY OF SAN DIEGO SS.
On May 11, 1983 before me,
the undersigned, a Notary J!f~ in and for said County and State,
personal~ppea~. ~""U" ~ I"""~~ .u"?~
,~~~,( jl_ Aj.a../
, known to me
to be the person_whose nam.. is subscribed to the
within instrument and acknowledged that .U- executed the
same.._ ~ L
~. . ~./>d c'
(..kz/~-",,~~::.~. ".~ ~A0'<iG
/}
;(:-//~J /'
.
m
SAFECQ
FOR NOTARY SEAL OR STAMP
"'5 I_~... 1
I-~ ELEA~JOR L. NIDA
. NOTARY PUBLIC - CAUFOONlA II
I. PRiNC'Pi.l OFFICE. IN I
.. SAN DIEGO COUNTY
l My CommIssion Expires May 18, 1984
Ih-~I"" I _L ...
m
SAFECO
FOR NOTARY SEAL OR STAMP
!!
@ ELEANOR L. NIDA I
NOTARY PUBLIC - CAliFORNIA II
PRINCIPAl OFFICE IN
SAN DIEGO COUNTY
My CommIssion Expires May 18,1984 _
:~>
. 1.I'd)! ~
} !. f\ t> C)
.., . I ... '4 ..:;
l"D '1 ~"\ '""
~ " III
~ l ~ b ~
I).' , ~; ~
.. " 11I "
~. i ~ Ii lo\
~ . , '-
<:. 1':\ tlI .
'~'! # ~ ~
"'i ( : I <;.", 1\ "
?l. !! ~ I< ~
o :' '" ~ 'I
III i" ~ h
'I '" ~ '"
b ~ ,')
, " ,
..... ., ~
~ ~
" ~
'--
b
~
~
()
"
II
-'J
~
~
"
"'
II
:!i')1~~
)..,[;'/
~ ;j d 1\
Q Z'"
, ~ <- l:1 ~
" "', \
~ !l ~ g
~ ~ Cl ~
~ ~ ~ 't
.>J 11 ,,~
, t1 ... ___ :t;
~;., fl'"h
f':t ~ ~ '1
!^g~~
'" <:i ~ "-
'j ~ , ~
,. ~ ~ l t
.. ~ ~
" t! Q ~, ~
C '" '- .
. ~ ~ '"
~ i
~ ~
~ . ~
, ~
i ~
\) ~
~ "',
~
t-i
'J
111
~.
~.
n.
1\
...
~
1\1
~
~
I~
R
tJ
11I
~
.-
~
!\
.l)
~
,~
~
1"
~
1
~
/1
I~
.~:~',":. :;:~':. ~.~ :':,',: ;:~.~~;., :t:::~::::':
2248
:t
,.
~
:t
~
Ai
. . .~
....i.\:
C4...l{./L../~
-$, ~ 4v.=.
l......... S;r,.q
. .
' '.
'~
v .
/
'.
(
/
I
'--'-'.
\
~
~
'I
Iii
"
"1
"""
......''-.......
~
~'~
~
" :t
........ 11
~"i
t.1
i}
~
~
"
-\:
"
~{
,.
!Q
..,
1
,
?
''-...
--.",
]~"
1 '.
~
"~ ~~
! .
" ,: ~ ;."
"".
,
....
"
'"
...
i'
~
· .~_\\'1-)\
'~.
-'"''
... I!
'. I'
....... i!
'I
,I
" ~ ~ '.
~
~ ..
':t)
..... ..
. < .
" .
A"
_ 1
2249
ADOPTED AND APPROVED BY THE CHULA VISTA REDEVELOPMENT AGENCY, this
14th day of
April
, 19~ by the following vote, to-wit:
AYES: Members
Scott, Cox, Malcolm, McCandliss
Noes: Members
None
Absent: Members
Moore
151 Gregor~ R. Cox
Chairman, Re evelopment Agency
ATTEST: Paul G. Desrochers
Secretary, Redevelopment Agency
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss:
CITY OF CHULA VISTA)
I, Paul G. Desrochers, Secretary to the Redevelopment Agency of the City
of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is
a full, true and correct copy of Resolution No. 416
has not been amended or repealed.
and that the same
DATED:
May 5, 1983
I
, \ ,~
SEAL:,
~/
~f(-I)J~ ,
n ~i}~ ~;'(
;~ '.;,.~ ;; r.;
'" l: I. L
!':'1
~ ..,
:"~Ef\rC
Ii "
..: 2250
RESOLUTION NO. 416
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA APPROVING A CONCEPTUAL PLAN
FOR THE MUNCHNER KIND'L SIDEWALK CAFE
WHEREAS, the Town Centre Project Area Committee has found that the
proposed sidewalk cafe would be consistent with the goal and objectives of the
Town Centre Redevelopment Plan and would further the revitalization of the
urban core of Chula Vista;
WHEREAS, the Town Centre Design Review Board has found that the
proposed sidewalk cafe plan subject to conditions meets the requirements of
the City's Sidewalk Cafe Policy, and is consistent with the guidelines of the
Town Centre Design Manual.
NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the
City of Chula Vista hereby approves the conceptual plan for a sidewalk cafe to
be located at the northeasterly corner of Third Avenue and Center Street
adjacent to the Munchner Kind'l Restaurant and to be operated by the
proprietor of the Munchner Kind'l Restaurant subject to the following
conditions:
1. The City's Landscape Architect monitor and supervise the annual plant
material to be placed within the planter-type barriers,
2. the applicant use selected Quality pre-treated Douglas Fir or Redwood or
Cedar for the planter-type barriers,
3. City Planning staff will oversee structural design of said planters, and
4. the project and resolution be reviewed by the Redevelopment Agency 12
months after project implementation.
"'APres~n~:~~: /'-:-") ;?r
/ ..,// J '- /,/"'0 /
-,.~ 1/". ~l.... ... .
..,,/ 0:~:,A./;;,/,-"/L,C7'iuZ/'~-----
Paul G. Desrochers
Community Development Director
Approved as to form by
Isl George D. Lindberg
George D. Lindberg
Agency Attorney .
WPC 0583H
-) '.
K-\\J ')\
A'" .....u R;"D~j fl n r. p. m /J! -.. E:.
'0' 'I r',11 "I"';:; ,;u,";'l (~".
"'1 S~ ,I Ll "r" I"'~;':> 1 U
II '~'~"l"i,...,".JJ ~rl! fJ
..'\WI~ ~EtiU=~\i ~
['
.4 ,/
(
. , 2251
RESOLUTION NO. 395
RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA APPROVING THE
SIDEWALK CAFE POLICY FOR THE TOWN CENTRE
REDEVELOPMENT PROJECT, SUB AREA NO.1
WHEREAS, the existence of sidewalk cafes in the Town Centre area
will add to the charm, vitality, and urban image of the downtown area; and
WHEREAS, the Redevelopment Agency deems it desirable to allow
sidewalk cafes in the downtown area with proper authorization and regulation;
and,
WHEREAS, a policy for the authorization and regulation of sidewalk
cafes within the Town Centre Redevelopment Project, Sub Area No.1, has been
prepared and submitted to the Agency.
NOW, THEREFORE, BE IT RESOLVED that the Redeve 1 opme nt Age ncy of the
City of Chula Vista approves and adopts the Sidewalk Cafe Policy for the Town
Centre Redevelopment Project, Sub Area No.1, attached hereto and
incorporated herein as though fully set forth, and authorizes staff to
process applications for such uses.
p~
P esr e
Community Development Director
Approved as to form by
'&:-:.~rg
Agency Attorney
....-/
ATTACHMENT "S"
~'-)
--\'\_ \\a'~\
2252
ADOPTED AND APPROVED BY THE CHULA VISTA REDEVELOPMENT AGENCY, this
4th day of
November
19~, by the following vote, to-wit:
AYES: Members Malcolm, Moore, McCandliss, Scott, Cox
Noes: Members None
Absent: Members None
(/J ~ ,n/.
/~~~
f/~
Agency
ATTEST:
STATE OF -CALIFORN IA
COUNTY OF SAN DIEGO ss:
CITY OF CHULA VISTA
I, Paul G. Desrochers, Secretary to the Redevelopment Agency of the City
of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is
a full, true and correct copy of
and that the same
has not been amended or repealed.
DATEr) :
Sec reta ry
ATTACHMENT "B"
" !
SEAL
~_\\1-'3\
.. 2253
Revi sed 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
G'-wide, unencumbered pedestrian way will be maintained.
3. 5i de\'Ial k cafes shall not adversely affect the trade or busi ness of
nearby corrunercial 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 recommendati on to al ter or conti nue
the policy or permits.
1\'- \\~>)I
n "j'Trn F0~ \;i{;f~f\~"i'"
a-a ~ U !f"':i ,18: >.J::i ~ (B .J liB II
~~~~ l;.:1tu.:....~~~~
.. 2254 .
EXHIB IT 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 1 icensed 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
portabl e.
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 publ ic 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.
HPC 0398H
ATTACHMENT "B"
~~- ~\')'~l
RESOLUTION NO. 11231
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ENTERING INTO 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. PE015 approved on May 10, 1983, the City of Chula Vista desires to
enter into a 1 ease agreement with Auguste and Vasco Rodri gues for the use of
public right-of-way located at the northeast corner of Third Avenue and Center
Street.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chula Vista, that the Mayor is authorized to execute said lease agreement
attached as Exhibit A.
Presented by
Approved as to form by
~
'/2
I /
, /
YCr--
P . esroc er'-
Community Development Director
_ ,'. k~~~~('~,/
../ ,~ ~
, ~#
George D. Llndberg L/
City Attorney
WPC 0651H
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 10th
19 83 ,by the following vote, to-wit:
day of
May
AYES:
NAYES:
ABSTAIN:
ABSENT:
Councilmen
Scott, Cox, Malcolm, Moore, McCandliss
Councilmen
None
Cotxlcilmen
None
Councilmen
None
ATTEST
f/~
City of Chula Vista
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) S s.
CITY OF CHULA VISTA )
I, JENNIE M. FULASl, CMC, CITY CLERK of the City of Chula Vista, California,
::>0 HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 11231
,and that the same has not been amended or repealed.
)ATED
(seal)
City Clerk
CC-660