SR-506-004-09 (2)
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MAR 2 4 1987
CA:RMM:lamr004/hpw ,~ '.
City Council Meeting 03-24-87 Santa Monica, California
STAFF REPORT
TO: Mayor and city Council
FROM: City Attorney
SUBJECT: Resolution Authorizing Execution of
Easement Agreement Between Ocean Avenue
Properties and The city of Santa Monica
INTRODUCTION
This report requests the adoption of a resolution
authorizing the city Manager to execute an easement agreement
with Ocean Avenue Properties, a California partnership,
substantially similar in form to the agreement attached hereto_
DISCUSSION
The improvements located on real property at 1535 Ocean
Avenue consist of an existing restaurant. The owner of this
property, Ocean Avenue Properties, desires to remodel the
interior of such restaurant in order to expand its kitchen and
reconfigure the current approved capacity of 79 seats_ In
response to the city's interest that outdoor dining areas be
encouraged in the City, Ocean Avenue Properties has requested
that its remodeling plans be allowed to include the relocation of
a portion of its seating capacity outdoors.
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It is proposed that Ocean Avenue Properties and the City
enter into a 15 year easement agreement for an area encompassing
624 square feet of public right-of-way, extending roughly 12
linear feet to the west of the building and running approximately
52 feet in length (north and south) for purposes of providing
outdoor seating for the restaurant.
The proposed easement fee set by the Agreement is at the
rate of $.8333 per square foot per month (totalling $519.98 per
month. ) The easement fee will be subject to annual adjustments
to reflect increases in the Consumer Price Index.
The improvements constructed by Ocean Avenue properties
will consist of an approximately 30 inch high concrete wall and
planter and an awning. The Agreement requires Ocean Avenue
properties to maintain and repair the easement area and to
procure and maintain general liability insurance to cover or
injury or damages to persons or property occurring within such
easement area.
RECOMMENDATION
It is respectfully recommended that the accompanying
resolution be adopted.
PREPARED BY: Robert M. Myers, City Attorney
Linda A. Moxon, Deputy City Attorney
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