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Home My WebLink AboutA65-04 Park Maintenance Outdorr Dining-Village Host PizzaPARK MAINTENANCE AND OUTDOOR DINING AGREEMEN T THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day o f I/ONU ~7 ,by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafte r referred to as City, and VILLAGE HOST PIZZA & GRILL, SLO, LLC, hereinafter referred to as Contractor . Thi s Park Maintenance and Outdoor Dining Agreement does not convey a long-term or permanent interest in publi c property . The uses may be revoked by the City of San Luis Obispo without cause . WITNESSETH : WHEREAS, Contractor wishes to offer outdoor dining, using City-owned park space adjacent to their restaurant at 2138 Broad Street, an d WHEREAS, No City ordinance or regulation prohibits such an action, an d WHEREAS, Contractor has offered to improve and maintain the City property known as the Water Conservation Demonstration Garden, and WHEREAS, the Parks and Recreation Commission endorsed this concept at their March 5, 2003 meeting for a prior business and Council entered into a similar agreement with the prior business in June 2003 . NOW THEREFORE, be it resolved that the City of San Luis Obispo does agree to permit Contractor to offe r outdoor dining on an 800 square foot portion of the City property located at 2138 Broad Street, subject to the followin g conditions : 1.COMMUNITY DEVELOPMENT APPROVALS.All improvements shall be subject to th e approval of the Community Development Department . At the Director's discretion, architectural review may b e required . All work done related to the outdoor dining area shall comply with appropriate City, County, State, an d Federal regulations . 2.CONTRACTOR SHALL PROVIDE : A.Proof of ownership or possessory interest in the adjoining property (a lease). B.A copy of the business license certificate issued to the business operator . C.Proof of public liability insurance in the amount of $1,000,000 which by an endorsemen t names the City as additionally insured for the term of the agreement, or as other meets the approval of the City ris k manager . D.A detailed site plan noting dimensions and the area to be use for dining ; the propose d number of tables, chairs and other furnishings to be used in the area, and the relationship of the outdoor dining area t o the indoor dining area . E.A description of the types, colors, and materials, or all outdoor furnishings . F.An explanation of how any additional required parking will be provided . G.A statement of proposed days and hours of operation . 3 . CONTRACTOR'S OBLIGATIONS .In exchange for maintaining (including watering a t contractor's own expense) the park site to a standard acceptable to the Parks Maintenance Supervisor of the City, an d installing the required public art at this location, Contractor shall be entitled to lease the previously described space at 2138 Broad Street A.The premises shall be maintained in a clean and safe manner at all times . B.Alcoholic beverages may be served on the premises, provided the appropriate permit i s obtained form the Alcoholic Beverage Control Board . C.Items used for dining outdoors may not be left outside overnight . 4 . TERM . The term of this agreement shall be for 5 (five) years . It will automatically end upon expiration of the business tax certificate or upon failure to perform the required maintenance . The City retains the righ t to cancel this Agreement with 30-days written notice, with or without cause . 5. RENT. In exchange for maintenance responsibilities undertaken by Contractor and the installatio n of required Public Art, no rent will be charged . 6 . TRANSFERABILITY .This agreement is transferable upon written consent by the City an d Contractor . 7 . INDEMNIFICATION . Contractor shall indemnify the City, its officers, agents, and employee s against, and shall hold them harmless from any loss, costs, damages, expense (including attorney fees) or liability b y reason of injury or death of any person, or damages to or destruction of any property arising out of or in connectio n with this agreement . 8 .INSURANCE .Contractor shall provide insurance coverage as set forth in INSURANC E REQUIREMENTS, OPERATION AND MAINTENANCE CONTRACTS, attached and incorporated herein b y reference as Exhibit A . 9. TAXES . This Agreement creates an interest in real property that may be subject to a possessor y interest tax . Contractor shall be responsible for payment of any taxes due . 10 . AMENDMENTS . Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Administrative Officer of the City . 11 . COMPLETE AGREEMENT .This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto . No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of an y force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto . 12. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postag e prepaid by registered or certified mail addressed as follows : City Clerk City of San Luis Obisp o 990 Palm Stree t San Luis Obispo, CA 9340 1 Village Host Pizza & Grill, SLO, LL C Ron Santero Jerome Gilmore Thomas Flewege r 2138 Broad Street San Luis Obispo, CA 9340 1 13.AUTHORITY TO EXECUTE AGREEMENT .Both City and Contractor do covenant that eac h individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party . IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year firs t above written . ATTEST : CITY OF SAN LUIS OBISPO, A Municipal Corporation City Contractor By : Mayor, David F. Romero APPROVED AS TO FORM : orney, Jonathan Lowell G :\Staf nStenwyokkAgreeimnts\VillageHost Outdoor Dining Agma .doc