Loading...
CC 2015-12-08_09g Agreement_Ginas Restaurant MEMORANDUM TO: CITY COUNCIL FROM: DEBBIE MALICOAT, DIRECTOR OF ADMINISTRATIVE SERVICES SUBJECT: CONSIDERATION OF AGREEMENT TO EXERCISE OPTION TO EXTEND LEASE FOR GINA'S RESTAURANT OUTDOOR DINING AREA DATE: DECEMBER 8, 2015 RECOMMENDATION: It is recommended that the City Council approve and authorize the Mayor to execute the agreement to exercise option to extend lease for Gina’s Restaurant outdoor dining area. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Under the terms of the lease, the City will receive $1,140 in annual revenue. This is consistent with the previous lease terms and consistent with the lease’s extension provisions. This item is related to the City’s Economic Development efforts, which is identified in the City’s Critical Needs Action Plan. BACKGROUND: On February 22, 2011 the City Council approved a lease agreement with Manuel Estrella, owner of the Gina’s restaurant business, for the lease of the right-of-way adjacent to the business for the construction of an outdoor patio area. Provisions were included in that lease allowing for two (2) consecutive options to extend the lease on the same terms. Mr. Estrella is requesting the first of these lease extensions. ANALYSIS OF ISSUES: The concrete patio is 425 square feet adjacent to the Gina’s Restaurant building and City landscaped area along Short Street and was approved by the Planning Commission on February 15, 2011. The lease agreement between Mr. Estrella and the City allowed for the construction and use of the patio for $1,140 annually. The option to extend the lease agreement was included to allow for two (2) consecutive five (5) year extensions under the same terms as the original lease. The extension was supposed to be requested within the six (6) months prior to the expiration of the lease on February 28, 2015, however, since the request was not made, the lease transferred to a month- to-month lease under the same terms. On November 12, 2015, Mr. Estrella requested to exercise the option to extend the lease. Due to the lease extension now being requested, it is recommended that the extension be granted and deemed to have commenced on March 1, 2015, when the Item 9.g. - Page 1 CITY COUNCIL CONSIDERATION OF LOT MERGER NO. 15-002, CONDITIONAL USE PERMIT NO. 15-006, AND DRAFT MITIGATED NEGATIVE DECLARATION NOVEMBER 24, 2015 PAGE 2 lease defaulted to month-to-month, and run through February 29, 2020. This would allow for one (1) additional lease extension to commence from March 1, 2020 through February 28, 2025 before new lease terms are negotiated. The lease of the right-of way-is not usable for any other purpose than the construction and use of the patio at the restaurant. The amenity to the restaurant adds both character to the Village and additional outdoor dining space, which indirectly supports the City’s economic development objectives. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: • Approve the lease extension as recommended; • Do not approve the lease extension and instead direct staff to negotiate new lease terms; or • Provide direction to staff. ADVANTAGES: Approval of the lease extension ensures the restaurant’s continued use of the improved patio area for the next five (5) years. DISADVANTAGES: No disadvantages identified. ENVIRONMENTAL REVIEW: No environmental review is necessary for this item PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall on Thursday, December 3, 2015 and the staff report was posted on the City’s website on Friday, December 4, 2015. No public comment was received. ATTACHMENTS: 1. Original lease 2. Request from Mr. Estrella Item 9.g. - Page 2 AGREEMENT TO EXERCISE OPTION TO EXTEND LEASE [Gina’s Restaurant] THIS AGREEMENT TO EXERCISE OPTION TO EXTEND LEASE (“Agreement”) is made and entered into this ____ day of ____________, 2015, by and between the CITY OF ARROYO GRANDE (“CITY”), a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California, and MANUEL ESTRELLA (“Tenant”), an individual, with reference to the following facts and intentions: WHEREAS, the parties entered into an Outdoor Seating Lease Agreement dated April 13, 2011, (hereinafter referred to as the “Lease”); and WHEREAS, the Term of the Lease commenced on March 1, 2011 and terminated on February 28, 2015; and WHEREAS, the Lease contains two consecutive options to extend the Term of the Lease for two successive periods of five years each, on the same terms, conditions and provisions as contained in the Lease; and WHEREAS, the Lease provides that each option to extend shall be exercisable by written notice from Tenant to City of Tenant’s intent to exercise its election to implement the option not later than six months prior to the termination of the existing Term; and WHEREAS, Tenant failed to timely notify the City of its intent to exercise its election to implement the option to extend the Term of the Lease; and WHEREAS, Tenant continues to occupy the Lease space and has submitted a letter dated November 12, 2015, requesting a five year extension to the Term of the Lease; and WHEREAS, City desires to allow Tenant to exercise the option to extend the Term of the Lease at this time. NOW, THEREFORE, in consideration of the premises herein contained, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed by and between the parties as follows: 1. City accepts Tenant’s November 12, 2015 request to extend the Term of the Lease for five years. 2. The Lease shall be extended for a five year term, which will be deemed to have commenced on March 1, 2015 and will terminate on February 29, 2020. Item 9.g. - Page 3 3. The five year Lease extension will be under the same terms, conditions and provisions as contained in the original Lease, except as otherwise provided therein. 4. The Lease and each and every term and condition thereof shall remain in full force and effect. CITY OF ARROYO GRANDE TENANT By: ______________________ __________________________ Jim Hill, Mayor Manuel Estrella ATTEST: ____________________________ Kelly Wetmore, City Clerk APPROVED AS TO FORM: ____________________________ Heather K. Whitham, City Attorney Item 9.g. - Page 4 OUTDOOR SEATING LEASE AGREEMENT THIS OLJTDOOR SEATING LEA.SE AGREEMENT ("Lease") ismade and entered into this 3+ day of ; I , 2ou, in the City of Arroyo Grande, County of San Luis Obispo, California, b3 and between the CTTY OF ARROYO GRANDE City"), a municipal corporation duly organized and existing pursuant to the Consritution and laws of the State of Califorma, and Manuel Estrella, an individual Tenant") with reference to the following facts and intentions: RECITAi.,S WHEREAS, City owns, operates and maintains the rights of way located at Short Street, between Olohan Alley and East Branch Street, Arroyo Grande, California and depicted in Exhibit "A" attached hereto and incorporatedherein (the "Pedestrian Property"); and WHEREAS, the City, upon terminationof certain construction on certain real estate located adjacent to theRights-of-Way, anticipates constructing an outdoor patio dining area on the Pedestrian Property(hereinafter "Patio Improvements"); and WHEREA.S, Tenant leases property appurtenant to the Pedestrian Property under a lease dated January 6, 2oio with a commencement date of March i, 2oio (the Gina's Lease"); and WHEREAS, Tenant, in conjunction with theGina's Lease, wishes to use the portion of the Pedestrian Property depicted inExhibit "A" attached hereto and in- corporated herein (hereinafter referred to as the "Property") for outdoorrestaurant seating, upon completion of the Patio Improvements; and WHERF.AS, City is willing to lease the Property to Tenant, subject to the terms and conditions set forth herein. AGREEMENT: NOW THEREFORE, for good and valuable consideration, thereceipt and adequacy of which are hereby acknowledged, City and Tenant hereby agree as follows: Section i. Lease of Property. City hereby leases, transfers and demises to Tenant, and Tenant hereby leases and takes from City, the Property for the term and upon the agreements, covenants and conditions set forth in this Lease. i ATTACHMENT 1 Item 9.g. - Page 5 Section 2. Term. a) Exce t as otherwiseprovided for herein, the term of this Lease shall be four (4) years (the 'Term") commencmg on March i, 2ou (the "Commencement Date"), and, unless sooner terminated or e rtended as herein provided, shall terminate on February 28, 2oi5. b) Option to F.ctend Lease. Subject to the provisions hereinafter set forth, City hereby grants to Tenant two (z) consecutive options to e ctend the Term of this Lease on the same terms, conditions and provisions as contained in this Lease, except as otherwise provided herein, for two successive periods of five (5) yearseach. The first optionperiod shall commenceonthe fifth (5tn) anniversary of the Commencement Date herein called the "First Option PeriodCommencement Date") andend onthe day prior to the fifth (5 h) anniversary of the First Option Period Commencement Date. The second option period shall commence on the fifth (g n) anniversary of the First Option Period Commencement Date (herein called the "Second Option Penod Commencement Date") and end on the day prior to the fifth (5Th) anniversary of the Second Option PeriodCommencement Date. Each of the First O tion Period Commencement Date and the Second Option Period Commencement Dateis hereinafter called an "Option Period Commencement Date." i. Each option to ea tend shall be exercisable by written notice from Tenant to City of Tenant's intent to exerciserts election for said option given not later than six (6) months prior to the pertinent Option Period Commencement Date. If Tenant fails to timely give written notice of its intent to exercise the applicable option, all options hereunder shall expire. c) Notwithstanding anything to the contrary contained herein, this Lease shall automaticallyterminate upon the expiration or earlier termination of the Gina's Lease. Section 3. Rent. a) Except as otherwise provided for herein, Tenant shall pay to City as rent for the use of the Property ninety-five dollars ($95.00) onthe first of every monththroughout the Term of this Lease and any option period exercised by Tenant pursuantto Section 2 above. b) City hereby waives Tenant's obligation to pay the above rental amount for the first twelve (iz) months of the Term of this Lease. c) Should construction of the Patio Improvements result in a delay in TenanYs use of theProperty, City shall not begin collecting rent until twelve (iz) months after the Property is ready for Tenant's specified use as described in Section 4. zl Item 9.g. - Page 6 Section 4. Use. Tenant shall have the exclusive rightto use the Property as outdoor seating for his restaurant's customers, and for no other purpose. Secrion 5. Repairs, Governmental Regulations and Waste. a) Tenant shall, during the Term, at its own cost and expense and without anycost or expense to City: i. Keep and maintain the Property in safe, good andneat order and repair and shall allow no nuisances to exist or be maintained therein. Tenant shall likewise keep and maintain the grounds, sidewalks, roads and parking and landscaped areas in goodand neat order and repair. City shall not be obligated to make any repairs, replacements or renewals of any kind, nature or description whatsoever to the Property or any buildings or improvementsnow or hereafter located thereon, and Tenant hereby expressly waives all right to make repairs at City's expense under sections i94i and i942 of the California Civil Code, or any amendments thereof; and ii. Comply with and abide by all federal, state, county, municipal and other governmental statutes, ordinances, laws and regulations affecting the Property. Section 6. Damage or Destruction. a) No loss or damage by fire or other cause required to be insured against hereunder resulting in either partial or total destruction of any building, structure, or other improvement on the Property, shall operate to terminate this Lease, or to relieve or discharge Tenant from the payment of rents or amounts payable as rent as they become due and payable, or from the performance and observance of any of the agreements, covenants and conditions herein contained on the part of Tenant to be performed and observed. Tenant hereby waives the provisions of subsection 2 of section i932 and subsection 4 of section i933 of the California Civil Code, as amended fromtime to time. Section . Assignment and Subletting. Tenant shall not assign or sublet any portion of the Property without the prior written consent of the City. 3 Item 9.g. - Page 7 Section 8. Liability Insurance Tenant agrees to add City as an additional Insured on itscurrent General Liability insurance policy and any Umbrella Liability insurance policy. Tenant hereby represents that in the aggregate, its insurancepoliciesprovides peroccurrence coverage of not less than $,000,000.00, and that such coverage is provided on a "pay on behalf'basis, with defense costs payable in addition to policy limits. Section 9. Indemnity. Tenant agrees to indemni, defend and hold harmless, the City, the City Council and each member thereof, an every officer, commissioner, agent and employee of the City, grantees and assigns from and against all claims, actions, liabilities, damages, costs, expenses and judgments, including attorneys' fees, which relate to, arise from, or are in any way connected with Tenant's use or occupancy of the Property, or any portion thereof, on account of any injury to persons or damage to property, excluding therefrom such injury or damage caused by the proven sole negligent acts of the City. This provision shall survive the expiration or termmation of this Agreement. Section io. Tenant's Defaults and City's Remedies. It shall bean event of default hereunder (each an "Event of Default") if (i) default shall be made by Tenant in the punctual payment of any rent or other moneys due hereunder and shall continue for a period of ten (io) days after written notice thereof to Tenant; (ii) default shall be made by Tenant in the performance or observance of any of the other agreements, covenants or conditions of this I.ease on the part of Tenantto be performed and observed and such default shall continue for a period of thirty (30) days after written notice thereof to Tenant, or, in the case of a default which cannot be cured by the payment of money and cannot be cured within thirty (30) days, shall continue for an unreasonable periodafter such written notice; (iii) Tenant shall abandon the Property; (iv) Tenant shall admit in writing its inability to pay its debts generally as they become due, file a petition in bankruptcy, insolvency, reorganization, readjustment of debt, dissolution or liquidation under any law or statute of thefederal government or any state government or any subdivision of either now or hereafter in effect, make an assignment for the benefit of its creditors, consent to, or acquiesce in the ap ointment of a receiver of itself or of the whole or any substantial part of the Property; v) a court of competent jurisdiction shallenter an order,judgment or decree appointing a receiver of Tenant or of the whole or any substantial part of the Property, and such order, udgment or decree shall not be vacated, set aside or stayed within siatty (60) days from t e date of entry of such order, judgment or decree, or a stay thereof be thereafter set aside; (vi) a court of competent jurisdiction shall enter an order, judgment or decree approving a petition filed against Tenantunder any bankruptcy, msolvency, reorganization, readjustment of debt, dissolution or liquidation law or statute of the Federal 41 Item 9.g. - Page 8 government or any state government or any subdivision of eithernow or hereafter in effect, and such order judgment or decree shall not be vacated, setaside or stayed within sixty (60) days from the date of ent of such order, judgment or decree, or a stay thereof be thereafter set aside; or (vii under theprovisions of any other law for the reliefor aid of debtors, a court of competent]'urisdiction shall assume custody or control of Tenant or of thewhole or any substantial art of the Property, and such custody or control shall not be terminated within sixty 60) days from the date of assumption of such custody or control. Upon theoccurrence of any Event of Default by Tenant hereunder, City shall have the following rights and remedies, in addition to all other rights and remedies of City provided hereunder or by law: a) The right to terminate this Lease, in which event Tenant shall immediately surrender possession of theProperty, and pay to City all rent and all other amounts payable by Tenant hereunder to the date of such termination; b) The remedies described in California Civil Code Section i95i.2, including, without limitation, the right to recover the worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss for the same period that Tenant roves could be reasonablyavoided, as computed pursuant to subdivision (b) of section i95i.2 of the California Civil Code; c) The remedies described in California Civil Code section i95i.4, including, without limitation, the right to collect, by suit or otherwise, each installment of rent or other sums that become due hereunder, or to enforce, by suit or otherwise, performanceor observance of any agreement, covenant or condition hereof on the part of Tenant to be performed or observed; or Section li. Nonwaiver. If any action or proceeding is instituted or if any other steps are takenby City or Tenant, and a compromise part payment or settlement thereof shall be made, either before or after judgment, the same shall not constitute or operate as a waiver by City or Tenant of any agreement, covenant or condition of this Lease or of anysubsequent breach thereof. No waiver of any default under this Lease shall constitute or operate as a waiver of any subsequent default hereunder, and nodelay, failure or omission in exercising or enforcing any right, privilege, or option under this Lease shall constitute a waiver, abandonment or relinquishment thereof or prohibit or prevent any election under or enforcement or exercise of any right, privilege, oroption hereunder. No waiver of any provision hereof by CityorTenant shall be deemed to have been made unless and until such waivershall have been reduced to writing and signed by City or Tenant, as the case may be. The receipt by City of rent with knowledge of any defaultunder this Lease shall not constitute or operate as a waiver of such default. Payment byTenant orreceipt by City of a lesser amountthan the stipulated rent or other sumsdue Cityshall operate only as a paymenton account of such rent or other sums. No endorsement or statement on any check or other remittance orin any communication accompanying or relatingto such paymentshall operate as a compromise or accord and satisfaction unless the same is approved inwriting by City, and City may accept such check, remittance orpayment 5 Item 9.g. - Page 9 without prejudice to its right to recover the balance of any rentorother sums due by Tenant andpursueanyremedy providedunder this Lease or by law. Section i2. No Partnership. It is expressly understood and agreed that City does not, in any way or for any purpose by executing this Lease, become a partner of Tenant in theconduct of Tenant's business, or otherwise, or a joint venturer or a member of a joint enterprise with Tenant. Section 13. Covenants Run With Land. a) The agreements, covenants and conditions in this L.ease contained are and shall be deemed to be covenants running with the land andthe reversion and shall be binding upon and shall inuretothe benefit of City and Tenant and their respective successors and assigns. b) All references in this Lease to "Tenant" or "City" shall be deemed to refer to and include successors and assigns of Tenantor City, respectively, without specific mention of such successors or assigns. Section i4. Notices. Notices. To be effective, all notices, requests, demands, and other communications required or permitted under this Lease shall be in writing and shall be delivered either in person or by certifiedmail, postage prepaid, return receipt requested. Notice is deemed effective on delivery if served personally on the party to whom notice is to be given and delivery is confirmed by a receipt. Notice is deemed effective on the second day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, return receipt requested, postage prepaid, and properly ad- dressed as set forth below. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that saidnotice was refused, unclaimed, or deemed undeli- verablebythe postal authorities. The addresses for purposes of giving notice are as set forth below but each party may change its address by written notice in accordance with this paragraph. If to: TENANT: Manuel Estrella i38 E. Branch Street Arroyo Grande, CA 93420 6 Item 9.g. - Page 10 CITY: City of Arroyo Grande Attn: City Manager 30oW. Branch Street Arroyo Grande, CA 93421 Section i5. Holding Over. This Lease shall terminate without further notice uponthe expiration of the Term, and any holding over by Tenant after the expiration of the Term shall not constitute a renewal hereof or give Tenant any rights hereunder or in or to the Property, except as otherwiseherein provided, it being understood and agreed that this Lease cannot be renewed, e rtended or in any manner modified except in writing signedby City and Tenant. Section i6. Late Charge. Tenant acknowledges that Tenant's failure to payany installment of Rent, or any other amounts due under this Lease as and when due may cause CiTy to incur costs not contemplated by City when entering into this Lease, the exact nature and amount of which would be e remely difficult and impracticable to ascertain. Accordingly, if any Rent, orany other amount due under the Lease is not received by City as and when due, then, without any notice to Tenant, Tenant shall pay to City an amount equal to five percent (5%) of the past due amount, which theparties agree represents a fair and reasonable estimate of the costs incurred by City as a result of the late payment by Tenant. Section 1. Default Interest. In the event that Tenant shall fail to pay any amount of Rent, or any other monetary obligations owed to City hereunder within io days of thedate that such amounts are due and payable, Tenant shall pay to City, in addition to such amounts, interest thereon at z% above the "prime rate" of interest announced to the public from time to time by Wall Street Journal or the malcimum interest rate permitted by law, whichever is less, from the first day of the month in which such monetary obligation was payable to the date of actual payment thereof by Tenant to City. 7 Item 9.g. - Page 11 Section 18. Severability. In case any one or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this I.ease, but this Lease shall be construed as if such invalid, illegal, or unenforceable provisions had not been contained herein. Sectionl9. T`ime of the Essence. Time is of the essence of each and all of the agreements, covenants, and conditions of this Lease. Secrion 20. Consents. Whenever in this Lease the consent or approval of either CityorTenant is required or permitted, the party requested to give such consent orapproval will act promptly and will not unreasonably wrthhold its consent or approval. Section 2i. Attorney Fees. In the event of any actionor proceeding at law or in equity between CiTy and Tenant to enforceany provision of this Lease or to protect or establish any rightor remedy of either party hereunder, the unsuccessful party to such litigation shall pay to the prevailing party all costs and expenses, including reasonable attorney fees, incurred therein by such prevailing arty, and if such prevailing party shall recover judgment in any such action or proceeding, such costs, expenses and attorney fees shall be included in and as a partof such judgment. Section 22. Integration. This instrument constitutes the entire agreementbetween City and Tenant with respect to thesubject matter hereof and supersedes all prior offers and negotiations, oral or written. This Lease may not be amended ormodified in anyrespect whatsoever except by an instrument in writing signed byCity, Tenant and, if required by any Lender,by Lender. 81 Item 9.g. - Page 12 Section 23. Amendments. This Lease may be modified only in writing and only if signed by the parties at the time of the modification. Section 24. Governing Law. This Lease shall be governed by and construed in accordance with thelaws of the State of California. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. CITY OF ARROYOGRANDE BY: Tony Ferrar a r Date: Attest: Kelly W tmo , ity Clerk Date: As Approved to form: Tim hy J. Carm , ity Attorney Date: TENANT E 66eQ-r i,'%z. u Estrell Date: (G / 3 /2U1 / 9 Item 9.g. - Page 13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of DJ 5 On 13 — l before me, E7]YlO E D77'Q L( Date Here Insert Name antl Tit of Me Oificer personallyappeared l 1 A N I.L L T72 EL[.k Name(s)ol5igner(s) who proved to me onthe basis of satisfactory evidence to be the person(aj'whose nameJ,sj'is/aresubscribed to the within instrument and acknowiedged to me that he/slwkh executed thesame in his/hcMtheir authorized capacity(isej, and that by his/I tlieir signature(e) on the KELLY WETMppE instrumentthe person(aj', or the entity upon beha f of Cummlssion s 7B37S7p which the person ej acted, executed the instrument. Nopry Pu01ic•Califani Sm Lu s OoispoCounty I certify under PENALTY OF PERJURY underthe lawsComm. es Fep21,2019 r of the State of California that the foregoing paragraph is true and correct. WITNESS my han and official seal. Signature Place Notary Seal Above i aW of o li OPTIONAL Though the informationbelow is not required by law, it may prove va/uable to person relying on the document and could prevent traudu/ent removaland reattachment of this lorm to anotherdocument. Description of AttachedDocument Title or Type of Document: Document Date:Number o ges: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Individual Individual Corporate Officer—Title(s): CorporateOfficer—Title(s): Partner-0 Limited General Partner— Limited General Attorney in Fact Attorney in Fact Trustee ToP of m mb nee p Trustee ToP orm mo nere C Guardian orConseror Guardian or Conservator Other:Other: Signer Is presenting:Signer Is Representing: 200]NaionalNOferyASSociaHOn•9350DeSOtoAVe.,PO.Bw2402•Chatsnortl,CA91313-2402•wwu.NafionalNOtary.or9 tlemp590] ReortleoCallT011-Free1-B00.8]6-682] Item 9.g. - Page 14 SJ • y, 1 wj ' I I :l , ' f , t:: . , a C . "' . .. 122.7p T GLRB RAMP PER GVIL PUWS zz.ae Fs E.BRANCHSTREET KEYNOTES r L J 1 EJOSTINO BlNDWO TO REMAIN.NO BUILOP1Ci I \ AIODffIG710NS REOIABED.PROTEGf IN RACE a v iwurto toen a w wi o ere 2 NEWCONCREfEPAYPIO.c.u.o.m. .e e iu.w r v4.a:oT y 1 EASfPlO Ti.E.E TO 6E HENOVED. iz=— •' I•.- .'2 \ l NEW PAF00NG SIGNAGELOG 710N. T I . 4 \ S NEW 2 H.UEGOMi1VE GAiES WRYi OPP09NG S1MN4 F 122.98 FS .I: RUSH' 723.10 FS) 6 NEW 2!l DECOMi1VE FEN(AflOUND PEWMEfEA OF FA710. 723fOFS a 1. s. 1 7. R VIAilONS: 5 1 d2.85 FS FS-FINISH SUiffK.'E: Y' AD=ALL UIFlECf10N5: 1S 722.50 TG7 TC=TOP OF Q1R8; o BC.BOTTON OF CUHB. 3 a 7H=FNI511 ElEV A7 DOOfi THiiESHIXD; PAT10OOq-E)OSfW6ELEVA710N. IMPROVEMENTS oasrwc sina. J'. ' - . GWAS 1?32FF 2 .d4 • 6 6 NEWCONCREfEPAVW(iHEFERTOPIP.S 8. E)OSf1NG UTIlIfV VAUL7 70 NJ DTO NEw F4llSH I 10 SUfiFACE EIEVATpN.USEADA MTED GFFTE COVER 16 MOT MPI.IGBLE w W SCAPE ME0.i1. mua ra,vE 123.00 FS wmm cn u I `'' \, 122.FS iLL NEWLANOSCAPE Af A QIENOVE IX TUHF Af N 123 10 TH N 11.DOSiWO if E 70f TeAPI.PHQTECf Pl PIACf I. 'F— o I l u o iz NOi USED I W mua vi•• 121.07FS 1Q S-0' I N .LY t&Ela9TWO EWAl1(706EREMOVED. 8 Q" u lu+DSCAaE/iEA aER PiP.S T----- I y^ V' s snw wr oosrn+so vwc u+o wrovme nn a eur+. wumro w. TJ— I` ri v w n+oasrwa ar. wsaaa. 9 1 N 10 t6 B's THICIC WNR1EfE TMCJJ Nm GE MINNtUN OEPfH TO E1USfWG SOIL 3.ADJUSI FOR ADJAf M GMDEll , 13 0 1 \ /1 15 ` / \ /tl coxsrmxnu ww I i zo.00 Fs l 2 I -.-'' 8 i t I ., n.mm 1 . ' G. 1.• ., —• " L " : I ,a" ' ,q ' '. - - E,.. . :• • '.i. 5• . ,.i'.'J' ..\ i . I. ,. 1`,' 'J"_.!.0 10 m i t\\S/' , nim y r •:.; :..r.. _ • =;",.:.' .- yg',. .. ,; , ,a.t.- `• t I_—',h. i• i` . •. • •• '' L-1 Item 9.g. - Page 15 November 12, 2015 Teresa McClish Community Development Director 300 East Branch Street Arroyo Grande, CA 93420 RE: Request to Renew Outdoor Seating Lease Agreement Dear Mrs. McClish: It has been brought to my attention that the lease agreement for outdoor seating to the east of 138 East Branch Street (Gina's Restaurant) must be renewed. In accordance with the details of the Outdoor Seating Lease Agreement ("Lease"), I formally request an extension of five (5) years. Thank you for processing this request. I look forward to continuing to work with the City. Sincerely, Manuel Estrella Gina's Restaurant ATTACHMENT 2 Item 9.g. - Page 16