HomeMy WebLinkAboutCC Resolution 11137 (Outdoor Dining)RESOLUTION NO. 11137
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT
BETWEEN THE CITY OF SAN RAFAEL AND RAFAEL TOWN CENTER,
LLC. FOR OUTDOOR DINING AT THE SAN RAFAEL CITY PLAZA
WHEREAS, Rafael Town Center Investors LLC owns real property at 998 Fourth Street,
1050 Court Street and 999 Fifth Avenue, known as Rafael Town Center, in the City of San
Rafael, County of Marin, State of California, located adjacent to the San Rafael City Plaza
("Plaza"); and
WHEREAS, Rafael Town Center Investors LLC desires outdoor dining space in the
Plaza for the Rafael Town Center tenants which have entrances facing the Plaza; and
WHEREAS, City is willing to grant a license to Rafael Town Center Investors LLC for
retail tenant use of a portion of the Plaza, on the terms and conditions hereinafter set forth in a
License Agreement and Sublicense Agreement.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
HEREBY RESOLVES AS FOLLOWS:
The Economic Development Director is hereby authorized to execute, on behalf of the
City of San Rafael, a License Agreement between the City of San Rafael and Rafael Town
Center Investors LLC and related Sublicense Agreements, in the form approved by the City
Attorney.
I, JEANNE M. LEONCI I, Clerk of the City of San Rafael, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the
City Council of said City held on the 15`h day of July, 2002, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE M. LEONCINI, City Clerk
ORIGIP.
OUTDOOR DINING LICENSE AGREEMENT
This Agreement is made and entered into as of the 6th day of August 2002, by and
between the City of San Rafael, a Charter City ("City") and Rafael Town Center
Investors LLC ("Licensee").
RECITALS
A. Licensee owns real property at 998 Fourth Street, 1050 Court Street and 999 Fifth
Avenue, known as Rafael Town Center, in the City of San Rafael, County of
Marin, State of California, located adjacent to the San Rafael City Plaza
("Plaza"). Exhibit A is a location map of the Rafael Town Center and the Plaza.
B. Licensee leases or will lease to retail tenants, known as Sublicenses, several
independent commercial spaces in Rafael Town Center which have entrances
facing the Plaza.
C. City is willing to grant a license to Licensee for retail tenant use of a portion of
the Plaza, on the terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the mutual promises contained herein, the
parties agree as follows:
1. License. The City grants Licensee permission to occupy and use that portion of
the Plaza for outdoor dining purposes (the "Premises"), and to place certain
approved personal property and removable improvements thereon, solely in
accordance with the Outdoor Dining Plan attached hereto as Exhibit B. All
personnel property, furniture, and/or improvements shall be easily removable and
shall not be affixed to the Premises by methods such as drilling, bolts, or other
intrusions on the surface of the Premises.
2. Term. The tern of this Agreement shall commence on the date hereinabove
written and shall continue until it is terminated as set forth herein:
(a) If Licensee defaults with respect to any obligation, covenant or condition
of this Agreement, and fails to correct the default within thirty (30) days
after receipt of notice from City to do so, the City's Economic
Development Director may immediately terminate this Agreement by
giving written notice to Licensee.
(b) If Licensee files a petition for bankruptcy, the City's Economic
Development Director may immediately terminate this Agreement by
giving notice to Licensee.
(c) City may terminate this Agreement if City's Economic Development
Director reasonably determines that the Licensee's use of the Premises
A -9-3o
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constitutes a public nuisance, unduly impedes or restricts the movement of
pedestrians in the Plaza, or creates an undue risk to public health or safety.
(d) The City Council may terminate this License Agreement at any time with
or without cause, and such termination shall become effective upon City
giving six months advance written notice to Licensee.
3. Maintenance of Premises and Plaza. Licensee agrees to the following with
respect to maintenance of the Premise and Plaza:
a) Licensee, at its sole cost and expense shall maintain the Premises in a
clean condition. This shall include twice a week washing with hose and
water, and daily sweeping and litter removal. Licensee shall remove litter
from the Plaza five times a week and wash the Plaza with hose and water
as required but not less that twice monthly.
b) Licensee shall provide outside trash cans in the Premises, in accordance
with Exhibit B.
C) Licensee shall also participate in the pressure washing of the Plaza and
Premises through an annual contribution to the City or its Redevelopment
Agency for one-third of the City's/Agency's cost of the washing This
amount shall be adjusted annually based on the actual cost of the work
performed. Plaza and Premises shall be pressure washed a minimum of
four times a year. Payments shall be made to the City/Agency on demand
by City as work is performed. City will comply with City's purchasing
policy to ensure a competitive bidding process.
4. Restrictions on Assiamnent and Sublicensing. Licensee may not assign its rights
or obligations under this Agreement to any third party, provided that during the
term of this Agreement, the Licensee may sublicense a portion of the premises for
use by any retail tenant with an entrance facing the Plaza, pursuant to a
Sublicense Agreement entered into among the City, the Licensee and the tenant
(Sublicensee), in the form attached hereto, executed by the Economic
Development Director on behalf of the City and approved by the City Attorney.
The City shall be granted the right to terminate any such Sublicense Agreement in
the same manner as this License Agreement may be terminated by language
expressly providing therefore in each Sublicense Agreement proposed to be
entered into by Licensee and which is approved by City. The existence of any
such Sublicense Agreement shall not affect the Licensee's responsibility for
compliance with its obligations under this Agreement.
5. Surrender and Restoration. Upon termination of this Agreement, Licensee, at its
sole cost and expense, shall remove any improvements placed on the Premises,
remove any personal property therefrom, and cease any further use of the
Premises as provided herein. Should Licensee neglect to return the Premises in
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satisfactory condition normal wear and tear excepted to City, City may perform
such work or have such work performed, and Licensee shall immediately
reimburse City for all reasonable direct costs associated with such work upon
receipt of a statement therefor.
G. Indemnification. Licensee shall indemnify, release, defend and hold harmless the
City, its officers, agents, and employees, against any claim, demand, suit,
judgment, loss, liability or expense of any kind, including attorney's fees and
administrative costs, arising out of or resulting in any way, in whole or in part,
from any acts or omissions, intentional or negligent, of Licensee, Sublicensee,
and/or their officers, agents and employees or from any claim, demand, suit,
judgment, loss, liability or expense of any kind, including attorneys fees and
administrative costs arising out of, resulting in any way, or connected with the
occupancy and/or use of the Premises, including any improvements or personal
property located thereon.
7. Insurance. Licensee and any Sublicensee shall maintain in effect during the term
of this Agreement, at no expense to City, insurance as follows:
(a) Worker's Compensation insurance with statutory limits as required by the
Labor Code of the State of California. Said policy shall be endorsed with
the following specific language: "This policy shall not be cancelled or
materially changed without first giving thirty (30) days prior written notice
to the City of San Rafael, Risk Manager."
(b) Comprehensive General Liability Insurance, in the minimum amount of
one million dollars ($1,000,000) per occurrence for death, bodily injury,
personal injury, and property damage. Said policy shall be endorsed with
the following specific language:
(1) "The City of San Rafael, its officers, agents, employees, and
volunteers who are specifically appointed and supervised by a City of San
Rafael employee, are named as additional insureds under this policy."
(2) "The insurance provided herein shall constitute primary coverage
benefiting the City of San Rafael with respect to any insurance or self-
insurance maintained by the City, and shall not call upon City's insurance
or coverage for any contribution."
(3) "This policy shall not be canceled or materially changed without
first giving thirty (30) days prior written notice to the City of San Rafael,
Risk Manager."
(c) Licensee and any Sublicensee shall submit to the City properly executed
Certificates of Insurance evidencing all coverage, limits and endorsements
as required above, and renewal certificates during the term of this
Agreement.
8. Compliance with Laws. Licensee shall observe and comply with all applicable
federal, state, City, or other governmental statutes, ordinances, and regulations
now in force or which hereafter may be in force, including the regulations of the
State Alcoholic Beverage Control and the County of Marin County Department of
Health and Human Services.
9. Suspension of License. City may temporarily suspend this Llicense and any
Sublicensee(s), from time to time, upon reasonable advance notice to Licensee as
follows:
(a) In the event that License's use of the Premises will interfere with any
special public event, and/or
(b) if City, any utility or any other easement holder requires access to the
Premises covered by the License for construction or maintenance work.
Upon notification, Licensee must remove and store at its sole expense, all
personal property including furniture, fences or barriers, and any their items as
described in Exhibit B
10. Notices. Any notice required or permitted to be given under this Agreement shall
be in writing. Delivery of such written notice shall be deemed sufficiently given
forty-eight (48) hours after deposit in the United States mail, registered or
certified, return receipt requested, with postage thereon fully prepaid, or upon
personal delivery, addressed as follows:
If to City:
Economic Development Director
City of San Rafael
P.O. Box 151560
1400 Fifth Avenue
San Rafael, CA 94915-1560
Risk Manager
City of San Rafael
P.O. Box 151560
1400 Fifth Avenue
San Rafael, CA 94915-1560
If to Licensee: H. James Schafer
Member
Rafael Town Center Investors LLC
PO Box 2179
Mill Valley, CA 94942
5
Either party may at any time change its address for notices by giving written
notice of such change in the manner provided above.
11. Possessory Interest: Taxes. Licensee expressly recognizes and understands that
this Agreement may create a possessory interest subject to property taxes, and that
Licensee may be subject to the payment of property taxes levied upon such
interest.
12. Risk of Loss. Licensee shall assume all risk of loss, damage, or injury to
Licensee, or its property, arising out of or connected to its use or occupation of
the Premises pursuant to this Agreement.
13. Attorney's Fees. If either party should commence a legal action or proceeding to
enforce the terms of this Agreement, the prevailing party in the proceeding shall
receive, in addition to court costs, reasonable attorneys' fees, including the
reasonable value of services rendered by the City Attorneys' Office.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first written above.
CITY OF SAN RAFAEL
Nancy Mackle
Economic Development Director
Rafael Town Center Investors LLC
Exhibit B
Outdoor Dining Plan
Rafael Toivn Center and San Rafael Cite Plaza
General Information
The intent of the following is to specify the outdoor dining area location and the allowable barriers and equipment for the retail food
and beverage related tenants of Rafael Town Center located adjacent to the San Rafael City Plaza. These dining areas are subject to
license agreements between Rafael Town Center, the City of San Rafael and the retail tenant. These outdoor dining areas are intended
to be small intimate spaces for the use of the customers of the adjacent retail tenants. The dining areas will be separated from the rest
of the San Rafael City Plaza by a moveable barrier. and %will contain small portable tables and chairs. umbrellas may be used to
provide shade. The barrier, tables. chairs and umbrellas will be uniform in appearance as specified in this Outdoor Dining Plan.
Location
The area that may be used for outdoor dining is illustrated in the Plan View. Overall, it is located to the west of Rafael To -,Nn Center,
and the southerly limit is 19 feet from the back of the Fourth Street sidewalk (approximately the southerly extent of the second column
of Rafael Town Center). It shall extend no more than 11.5 feet into the San Rafael City Plaza as measured from the property line
(approximately 12 feet from the face of the Rafael Town Center columns and 13.5 feet from the face of the Rafael Town Center
building) to a point 127 feet from the back of the Fourth Street sidewalk (approximately the middle of the eighth column). 4t this
point it shall extend in a straight line to the handrail of the steps leading to the upper area of the City Plaza. Individual tenant outdoor
dining areas shall not extend beyond the frontage of the lease space (many not extend in front of another lease space).
Barriers
Each outdoor dining area shall be enclosed with the approved portable decorative barrier as detailed in the Barrier Detail following
and as shown in the previous Plan View. The barrier design shall match the handrails in the San Rafael City Plaza, shall be 42 inches
tall with a bronze colored top rail with the remainder colored black. Openings in the barrier will be aligned with the entries to the
tenant space doors. The barriers will be in 5.5 foot sections that allow them to be disassembled and stored against the tenants frontage
on the Rafael Town Center property. The barrier is free standing on portable bases and mounting on the plaza frontage is prohibited.
Three different bases are specified and must be used in the appropriate locations; they shall not be substituted. Over time, as outdoor
dining areas are added or eliminated, the bases shall be changed to the appropriate type. The intersection base is used «•here there is a
separation between lease spaces; the line base is used to connect the 5.5 foot segments together, and the end bases are used at the
terminus of a barrier section.
Furniture
All tables. chairs and umbrellas and shall be the same in each of the outdoor dining areas, and are illustrated below. Tables and chairs
are by ENfL Americas. Bridgeport. CT (203) 3S4-8573. The chairs are Couple =354, black in color. and tables are Bistro =90U or
#902, black to color. 24 inches and 32 inches in diameter respectively. Replacement of this specific chair and table with another may
be done only by the approval of the San Rafael Economic Development Director and Rafael Town Center Investors.
Umbrellas may be used for shade and shall be the same in each of the outdoor dining areas. Umbrellas are by Gardenside LTD, San
Rafael CA, 455-4500. Umbrellas are Gardenside #5062, Market Parasol, sandstone in color. Replacement of this specific umbrella
with another may be done only by the approval of the San Rafael Economic D.evelopment Director and Rafael Town Center Investors.
Trash cans shall be installed in the outdoor dining areas for tenants serving food or beverages served in disposable or consumable
containers. Trash cans shall be provided in each of the outdoor dining areas. The trash cans shall be serviced by the sub -licensee and
removed when the area is not open for business. Rafael Town Center Investors must approve the trash can selected. If the trash can is
left out during time when the sub -licensee is not open for business, it may be removed by Rafael Town Center Investors .personnel.
Advertising, logos and the like are specifically prohibited on all tables, chairs, umbrellas and trash cans. All furniture must be
removed from the outdoor dining areas during Plaza events as required by the City of San Rafael.
OUTDOOR DINING SUBLICENSE AGREEMENT
This Agreement is made and entered into as of the 14th day of October, 2002, by and
between the City of San Rafael, a Charter City ("City") and Rafael Town Center
Investors LLC ("Licensee"), and Norton's, Inc. (Sublicensee).
RECITALS
A. City and Licensee, the owner of Rafael Town Center, entered into a License
Agreement dated August 26, 2002 which permits the Licensee to use a portion of
the San Rafael City Plaza ("Premises"), to sublicense such use to tenants of the
Rafael Town Center occupying retail spaces facing the Plaza. -
B. Sublicensee, a tenant of the Rafael Town Center leasing a space which faces the
Plaza, desires to enter into a Sublicense Agreement with the Licensee and the City
for use of a portion of the Premises as described in Exhibit A (the "Sublicense
Area").
NOW THEREFORE, in consideration of the mutual promises contained herein, the
parties agree as follows:
1. Sublicense. Sublicensee is granted permission to occupy and use the Sublicense
Area, and to place certain approved personal property and removable
improvements thereon, solely in accordance with the Outdoor Dining Plan
attached hereto as Exhibit B. All personnel property, furniture, and/or
improvements shall be easily removable and shall not be affixed to the
Sublicensee Area by methods such as drilling, bolts, or other intrusions on the
surface of the Sublicensee Area. Any requested changes from the Outdoor Dining
Plan must be approved in writing first by the Licensee and then by the City.
2. Term. The term of this Agreement shall commence on the date hereinabove
written and shall continue until it is terminated as set forth herein:
(a) If Sublicensee defaults with respect to any obligation, covenant or
condition of this Agreement, and fails to correct the default within thirty
(30) days after receipt of notice from City to do so, the City's Economic
Development Director may immediately terminate this Agreement by
giving written notice to Licensee and Sublicensee.
(b) If Sublicensee files a petition for bankruptcy, the City's Economic
Development Director may immediately terminate this Agreement by
giving notice to Licensee and Sublicensee.
(c) City may terminate this Agreement if City's Economic Development
Director reasonably determines that the Sublicensee's use of the
Sublicensee Area constitutes a public nuisance, unduly impedes or
restricts the movement of pedestrians in the Plaza, or creates an undue risk
to public health or safety.
(d) The City Council may terminate this Sublicense Agreement at any time
with or without cause, and such termination shall become effective upon
City giving six months advance written notice to Licensee and
Sublicensee.
(e) This Sublicense Agreement shall terminate upon termination of the
License Agreement.
Maintenance of Sublicensee Area and Plaza. The Sublicensee agrees to maintain
the Sublicense Area in a clean sanitary condition at all times during the Term of
this Sublicense which shall include litter removal, regular washing and such
additional work as may be required to meet a reasonable standard of cleanliness
as determined by the City. The Sublicensee acknowledges the underlying License
requires certain regular cleaning which Sublicensee agrees to participate in,
however the work listed herein shall be in addition to those obligations. The
Licensee may elect to perform the obligations of the Sublicensee and charge the
Sublicensee for these Services but in doing so shall not relieve the Sublicensee of
the obligation hereunder.
a) Sublicensee, at its sole cost and expense shall maintain the Sublicense
Area in a clean condition. This shall include twice a week washing with
hose and water, and daily sweeping and litter removal.
b) Sublicensee shall provide outside trash cans in the Sublicensee Area, in
accordance with Exhibit B.
4. Sublicense Personal. The sublicense herein granted is personal to Sublicensee
and no right hereunder may be assigned, sublet or otherwise transferred in whole
or in part.
5. Surrender and Restoration. Upon termination of this Agreement, Sublicensee, at
its sole cost and expense, shall remove any improvements placed on the
Sublicensee Area, remove any personal property therefrom, and cease any further
use of the Sublicensee Area as provided herein. Should Sublicensee neglect to
return the Sublicensee Area in satisfactory condition normal wear and tear
excepted to City, City may perform such work or have such work performed, and
Sublicensee shall immediately reimburse City for all reasonable direct costs
associated with such work upon receipt of a statement therefor.
6. Indemnification. Sublicensee shall indemnify, release, defend and hold harmless
the Licensee, the City, and their officers, agents, and employees, against any
claim, demand, suit, judgment, loss, liability or expense of any kind, including
attorney's fees and administrative costs, arising out of or resulting in any way, in
3
whole or in part, from any acts or omissions, intentional or negligent, Sublicensee
and/or its officers, agents and employees or from any claim, demand, suit,
judgment, loss, liability or expense of any kind, including attorneys fees and
administrative costs arising out of, resulting in any way, or connected with the
occupancy and/or use of the Sublicensee Area, including any improvements or
personal property located thereon.
7. Insurance. Sublicensee shall maintain in effect during the term of this Agreement,
at no expense to City, insurance as follows:
(a) Worker's Compensation insurance with statutory limits as required by the
Labor Code of the State of California. Said policy shall be endorsed with
the following specific language: "This policy shall not be cancelled or
materially changed without first giving thirty (30) days prior written notice
to the City of San Rafael, Risk Manager."
(b) Comprehensive General Liability Insurance, in the minimum amount of
one million dollars ($1,000,000) per occurrence for death, bodily injury,
personal injury, and property damage. Said policy shall be endorsed with
the following specific language:
(1) "The City of San Rafael, its officers, agents, employees, and
volunteers who are specifically appointed and supervised by a City
of San Rafael employee, are named as additional insureds under
this policy."
(2) "The insurance provided herein shall constitute primary coverage
benefiting the City of San Rafael with respect to any insurance or
self-insurance maintained by the City, and shall not call upon
City's insurance or coverage for any contribution."
(3) "This policy shall not be canceled or materially changed without
first giving thirty (30) days prior written notice to the City of San
Rafael, Risk Manager."
(c) Sublicensee shall submit to the City properly executed Certificates of
Insurance evidencing all coverage, limits and endorsements as required
above, and renewal certificates during the term of this Agreement.
S. Compliance with Laws. Sublicensee shall observe and comply with all applicable
federal, state, City, or other governmental statutes, ordinances, and regulations
now in force or which hereafter may be in force, including the regulations of the
State Alcoholic Beverage Control and the County of Marin County Department of
Health and Human Services.
9. Suspension of Sublicense. City may temporarily suspend this Sublicense from
time to time, upon reasonable advance notice to Sublicensee and Licensee as
follows:
4
A
(a) In the event that Sublicense's use of the Sublicensee Area will interfere
with any special public event, and/or
(b) if City, any utility or any other easement holder requires access to the
Sublicensee Area covered by the Sublicense for construction or
maintenance work.
Upon notification, Sublicensee must remove and store at its sole expense, all
personal property including furniture, fences or barriers, and any their items as
described in Exhibit B.
10. Notices. Any notice required or permitted to be given under this Agreement shall
be in writing. Delivery of such written notice shall be deemed sufficiently given
forty-eight (48) hours after deposit in the United States mail, registered or
certified, return receipt requested, with postage thereon fully prepaid, or upon
personal delivery, addressed as follows:
If to City:
Economic Development Director
City of San Rafael
P.O. Box 151560
1400 Fifth Avenue
San Rafael, CA 94915-1560
Risk Manager
City of San Rafael
P.O. Box 151560
1400 Fifth Avenue
San Rafael, CA 94915-1560
If to Licensee: H. James Schafer
Member
Rafael Town Center Investors LLC
PO Box 2179
Mill Valley, CA 94942
If to Sublicensee: Norton's
1020 Court Street
San Rafael, CA 94901
Either party may at any time change its address for notices by giving written
notice of such change in the manner provided above.
A, 11. Possessory Interest; Taxes. Sublicensee expressly recognizes and understands
that this Agreement may create a possessory interest subject to property taxes, and
that Sublicensee may be subject to the payment of property taxes levied upon
such interest.
12. Risk of Loss. Sublicensee shall assume all risk of loss, damage, or injury to
Sublicensee, or its property, arising out of or connected to its use or occupation of
the Sublicensee Area pursuant to this Agreement.
13. Attorney's Fees. If either party should commence a legal action or proceeding to
enforce the terms of this Agreement, the prevailing party in the proceeding shall
receive, in addition to court costs, reasonable attorneys' fees, including the --
reasonable value of services rendered by the City Attorneys' Office.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first written above.
CITY OF SAN RAFAEL LICENSEE
Nancy Mackle J9jr-- afe
Economic Development Director
Rafael Town Center Investors LLC
ATTEST: � ,����••
J �rd� a M. Leoncini
City Clerk
SLICENSEE,
lr�
Norton's, Inc.
Approved as to form:
AIM -
Gary Ragghianti
City Attorney
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Exhibit B
Outdoor Dining Plan
a Rafael Town Center and San Rafael City Plaza
General Information'
The intent of the- following is to specify the outdoor dining area location and the allowable barriers and equipment for the retail food
and beverage related. tenants of Rafael Town Center located adjacent to the San Rafael City Plaza. These dining areas are subject to
license agreements between Rafael Town Center, the City of San Rafael and the retail tenant. These outdoor dining areas are intended
to be small intimate spaces for the use of the customers of the adjacent retail tenants. The dining areas will be separated from the rest
of the San Rafael City Plaza by a -moveable barrier, and will contain small portable tables and chairs. Umbrellas may be used to
provide shade. The barrier, tables, chairs and umbrellas will be uniform in appearance as specified in this Outdoor Dining Plan.
Location
The area that may be used for outdoor dining is illustrated in the Plan View. Overall, it is located to the west of Rafael Town Center,
and the southerly limit is 19 feet from the back of the Fourth Street sidewalk (approximately the southerly extent of the second column
of Rafael'To am Center).' It shall extend no more than 11.5 feet into the San Rafael City Plaza as measured from the property line
(approximately 12 feet from the face of the Rafael Town Center columns and 13.5 feet from the face of the Rafael Town Center
building) -tip sa pgiht 127 feet from the back of the Fourth Street sidewalk (approximately the middle "tsf the eighth column). At this
point it shall extend in a straight line'to the handrail of the steps leading to the upper area of the City Plaza. Individual tenant outdoor
dining areas shall not extend beyond the frontage of the lease space (many not extend in front of another lease space).
r
Barriers
Each outdoor dining .area shall.'be enclosed with the approved portable decorative barrier as detailed in the Barrer Detail following
and as shown in the privious Plan View. The barrier design shall match the handrails in the. San Rafael City Plaza, shall be 42 inches
tall with a bronze colored top rail with the remainder colored black. Openings in the barrier will be aligned with the entries to the,
tenant space doors: The 6am"ers will be in 5.5 foot sections that allow them to be disassembled and stored against the tenants frontage
on the Rafael Town Center property. The barrier is free standing on portable bases and mounting on the plaza frontage is prohibited.
Three different bases aie specified and must be used in the appropriate locations; they shall not be substituted. Over time, as outdoor
dining areas are added or eliminated, the bases shall, be changed to the appropriate type. The intersection base is used where there is a
separation between lease spaces; the line base is used to connect the 5.5 foot segments together, and the end bases are used at the
terminus of a barrier section.
Furniture I ,
All tables, chairs and umbrellas and shall be the same in each of the outdoor dining areas, and are illustrated belo«•. Tables and chairs
are by EN-fL :kmeAb. Bridgeport. CT (203) 384-8573. The chairs are Couple #354, black in color, and tables are Bistro =900 or
#902, black in color, -2 . 4 inches and 32 inches in diameter respectively. Replacement of this specific chair and table with another mai[
be done only bu the approval. of the San Rafael Economic Development Director and Rafael Town Center Investors.
Umbrellas may be usedJor shade -and shall be the same in each of the outdoor dining areas. Umbrellas are by Gardenside LTD, San
Rafael CA, 455-4500. thr;brellas are Gardenside #5062, Market Parasol, sandstone in color. Replacement of this specific umbrella
with another may be done only by the approval of the San Rafael Economic Development Director and Rafael Town Center Investors.
Trash cans shall be in'st'alled in the outdoor dining areas for tenants serving food or beverages served in disposable or consumable
containers. Trash cans shall be provided in each of the outdoor dining areas. The trash cans shall be serviced by the sub -licensee and
removed when the area is not open for business. Rafael Town Centdr Investors must approve the trash can selected. If the trash can is
left out during time when the sub -licensee is not open- for* busirless,' it may be removed by Rafael Town Center Investors .personnel.
Advertising, logos and the like are specifically prohibited on fall tables, Chairs, umbrellas and trash cans. All furniture must be
removed from the outdoor: dining areas during Plaza events as required by the City of San Rafael.
RESOLUTION NO. 11137
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT
BETWEEN THE CITY OF SAN RAFAEL AND RAFAEL TOWN CENTER,
LLC. FOR OUTDOOR DINING AT THE SAN RAFAEL CITY PLAZA
WHEREAS, Rafael Town Center Investors LLC owns real property at 998 Fourth Street,
1050 Court Street and 999 Fifth Avenue, known as Rafael Town Center, in the City of San
Rafael, County of Marin, State of California, located adjacent to the San Rafael City Plaza
("Plaza"); and
WHEREAS, Rafael Town Center Investors LLC desires outdoor dining space in the
Plaza for the Rafael Town Center tenants which have entrances facing the Plaza; and
WHEREAS, City is willing to grant a license to Rafael Town Center Investors LLC for
retail tenant use of a portion of the Plaza, on the terms and conditions hereinafter set forth in a
License Agreement and Sublicense Agreement.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
HEREBY RESOLVES AS FOLLOWS:
The Economic Development Director is hereby authorized to execute, on behalf of the
City of San Rafael, a License Agreement between the City of San Rafael and Rafael Town
Center Investors LLC and related Sublicense Agreements, in the form approved by the City
Attorney.
I, JEANNE M. LEONCM, Clerk of the City of San Rafael, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the
City Council of said City held on the 15ffi day of July, 2002, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE M. LEO�Il�I�ty Clerk
COPY ,�