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SR-417-004-07 (5) . LjI?-aJt/-o?, AI~ ra G-9 1 ~ REVISED CjED:EDD:PC:JPM:RS:pW cceasmnt Council Meeting: November 21, 1989 JlQV ~ 1 tll9 NOV 2 8 1989 !-i ' ., ~ ('" r '; / ('.-~ , . -, Santa Monica, California TO: The Mayor and city council FROM: city staff SUBJECT: Recommendation to Authorize City Manager to Negotiate and Execute an Easement Agreement with OAB Corporation INTRODUCTION This report recommends that city Council authorize the City Manager to negotiate and execute an Easement Agreement with OAB Corporation, doing business as I cugini Restaurant, at 1501 Ocean Avenue for its outdoor dining area which extends into public right-of-way. BACKGROUND Restaurant operators have recognized the market demand for outdoor dining areas in a beach communi ty and have expressed interest in providing attractive, semi-enclosed outdoor dining areas for patrons using public right-of-way. However, the remodeling and construction of such areas requires a significant financial investment for whiCh they have requested longer-term Agreements with the City. In exchange for this privilege, restaurant operators are willing to pay fair market rental fees to the city. The city currently charges restaurant operatcrs rental rates of $0.50 per square foot per month on Third Street Promenade. The most recent easement agreement for the Fennel - 1 - AeJD -h 6-B NOV 2 8 1989 MQV 2 i 1189 ~ . . , ~ restaurant provided a rental rate of $0.87 per square foot per month on Ocean Avenue for outdoor dining. DISCUSSION To ensure the establishment of appropriate rates for the two primary locales where outdoor dining is feasible - Ocean Avenue and Third street Promenade - an independent real estate appraiser was retained for a professional opinion of the fair rental rate of the pUblicly-owned right-of-way for such private use. The consultant's investigation consisted of the following: (1) survey and analysis of other governmental agencies for their experience with similar uses of public property: and (2) survey and analysis of sales of commercially-zoned properties located in the vicinity of the subject areas within the last two and one-half years. The appraisal consultant concluded that land value was the most applicable indicator upon which to determine a fair rental rate. However, the appraisal consultant recognized that both the Third street Promenade and Ocean Avenue were undergoing significant transitions in use and infrastructure and consequently recommended rental rates for outdoor dining which included the following: (a) gradual step increases in rental rates over a five year stabilization period that escalated rent rates up to $1.50 per square foot on Ocean Avenue, (b) Consumer Price Index increases or percentage of gross receipts participation in the later years of the easement agreement, (c) revaluation of property value at the end of the easement term. - 2 - . . -' .J. In preparing this Easement Agreement, City staff considered all these recommendations. A summary of the outdoor dining Easement Agreement's terms and conditions is provided below: I Cugini Restaurant 1501 Ocean Avenue c/o Jeffrey M. King 878.025 square feet abutting their restaurant tenant space currently being constructed stepped up rate increases: 1st year $ .90 per s. f. 2nd year $1. 05 per s. f. 3rd year $1.20 per s. f. 4th year $1.35 per s.f. 5th year $1. 50 per s.f. Years 6-20 - $1. 50 per s. f. plus annual CPI increases 20-year Term, no options These rates establish the benchmarks by which future Agreements will be negotiated for other outdoor dining opportunities. Tenant is not going to be provided with tenant improvements and tenant is required to restore the public right-of-way to original condition at the termination of the Agreement. In addition, a security deposit approximately equivalent to two months' rent will be collected from the tenant to ensure the faithful performance of tenant's obligations during and at completion of the easement term. BUDGETARY/FISCAL IMPACT The security deposit from OAB Corporation totaling $2,000,00 will be held and recorded in the General Fund balance sheet. Rental income in FY 1990-91, the first year the restaurant will - 3 - . . ~ . operating, is estimated al $7,907.60.1 All revenue income is to be deposited in revenue account #01-200-263-00000-0087-10000. RECOMMENDATION staff respectfully recommends that the City council authorize the City Manager to negotiate and execute an Easement Agreement with OAB Corporation for I Cugini Restaurant at 1501 Ocean Avenue for its outdoor dining area. Prepared by: Peggy Curran, Director Community and Economic Development Department Jeff Mathieu, Manager Economic Development Division Ruta Skirius, senior Administrative Analyst Economic Development Division cceasmnt - 4 -