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SR-506-004-09 (2) '-E 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. '-E - 1 - MAR 2 4 19B7 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 - 2 -