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Right of Entry and License Agreement to Construct <br />Improvements in Alley north of Second Street <br />December 2, 2014 <br />Page 2 of 2 <br />With the exception of uses and improvements allowed under the City Outdoor Dining Ordinance, <br />private improvements are typically not allowed within public street or alley rights -of -way. Because <br />Corbiz is interested in leasing to tenants for uses other than restaurants, it has requested that the use <br />of the patio space not be contingent upon adjacency to a food establishment. Staff recommends <br />permitting the proposed patio improvements to help activate the alley. <br />Because the patio area improvements will be constructed and maintained by Corbiz, a license <br />agreement as shown in Exhibit 3, for a revocable encroachment permit is required along with <br />insurance and a surety bond. The license agreement will incorporate the existing utility area. The <br />space for both areas will be leased to Corbiz at a rate consistent with the City's Outdoor Dining <br />Ordinance and City Council adopted fee resolution. <br />STRATEGIC PLAN ALIGNMENT <br />Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective <br />#4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, <br />shopping, dining, and entertainment destination), Strategy A (provide a safe and inviting public <br />environment in the downtown [including the Wellness Corridor] through enhanced amenities, <br />improved way - finding, and engaging street/sidewalk design and lighting). <br />ENVIRONMENTAL IMPACT <br />In accordance with the California Environmental Quality Act, the proposed project is exempt from <br />further review per section 15303. Statutory Exemption ER No. 2014 -148 will be filed for this project. <br />FISCAL IMPACT <br />The revenue from the lease payments will be received into the Public Works General Fund - Rental <br />of Property revenue account (01117002- 57960). <br />4 <br />PA Mousavipour <br />Executive Director <br />Public Works Agency <br />EWG/TH <br />Exhibits: 1. Location Map <br />2. Rendering <br />3. Agreement <br />APPROVED AS TO FUNDS AND ACCOUNTS: <br />Francisco Gutierrez S� <br />Executive Director <br />Finance & Management Services Agency <br />25E -2 <br />