25B - AMEND AGMT WITH WURSTHAUS - Laserfiche WebLink

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Second Amendment to Outdoor Dining at Plaza Calle Cuatro November 17 2020 Page 2 due to unanticipated delays and loitering concerns within the Plaza. The parties requested a twelve-month extension of the agreement. On November 5, 2019, The City Council approved a twelve-month extension license agreement beginning December 1, 2019 and ending November 30, 2020, with East End Realty Partnership, LP, and Wursthaus, Inc., allowing temporary outdoor dining activities within the Plaza. The outdoor dining activity by Wursthaus has contributed to positive activity within the Plaza. The approximately 200-square-foot area (10' x 20') located immediately adjacent to the southwest corner of Plaza Calle Cuatro and adjacent to the business entrance is utilized for limited outdoor dining activities when not utilized by the City for publicly sponsored events. In an effort to achieve business sustainability, Wursthaus Inc. has requested permission to extend the outdoor patio by an additional five (5) feet, which would align to the restaurant's front door. The request would accommodate the restaurant owner to provide service more efficiently and does not negatively impact Plaza Calle Cuatro. The use of the space will continue to be limited to food and beverage services conducted by Wursthaus located at 305 E 4th Street, Suite 106. The outdoor dining activities will coincide with the restaurant's hours of operation. While these hours may change from time to time, the restaurant typically operates from 11 AM to 12 AM Sunday through Tuesday, 11 AM to 1 AM Wednesday through Thursday, and 11 AM to 2 AM Friday through Saturday. Fixtures within this outdoor dining area are limited to temporary/removable outdoor chairs, tables, umbrellas, and if desired, border barriers (fencing) that can be removed upon notice and request by the City of Santa Ana, in accordance with the license agreement (Exhibit 1). Salient terms of second amendment to the license agreement are as follows: • Twelve-month term • No outdoor dining events permitted when the City of Santa is conducting special events • The City will also retain the right to conduct unplanned events upon 24-hour notice to the licensed party • License Fee $169 per month; calculation of monthly fee: 0 30 days at $161 per day (per City Miscellaneous Fee Schedule) of entire plaza = $4,830 Square Footage of entire plaza = 8,564 (per assessor's records) o Square Footage of dining space = 300 o (300 = 8564 = 3.5% of Plaza multiplied by $4,830 monthly fee = $169 (rounded) • Licensee will be responsible for maintenance of the dining area, providing insurance coverage, and compliance with all other City regulations ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act (CEQA), the proposed licensing and leasing activity is exempt from further review in accordance with CEQA Guidelines Section 15301 (Existing Facilities). FISCAL IMPACT The City of Santa Ana will be receiving revenue in the amount of $2,028 from this twelve-month license. Funds will be deposited in the following account for the specified year. 25B-2