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209 <br /> <br />13. REPORTS OF THE CITY ATTORNEY <br />Item 13a <br />Quarterly Claims/Litigation Report, January 1, 1990 to <br />March 31, 1990 <br /> <br /> Mr. Roush presented his report (IR 90:36) regarding the <br />matter. <br /> <br /> No action was required or taken by the Council on this item. <br /> <br />Item 13b <br />Lease with Strizzi's Restaurant <br /> <br /> Mr Roush presented his report (SR 90:167) regarding the <br />matter. <br /> <br /> Mr. Ray Bartolomucci, 649 Main Street, owner and operator of <br />Strizzi's Restaurant, offered to answer any questions on the <br />project. <br /> <br /> Mr. Brandes asked Mr. Roush if the condition that the City <br />may terminate the lease any time for any reason is a valid and <br />enforceable condition with no possible relief from the lessee. <br /> <br /> Mr. Roush replied that there is no compulsion on the part of <br />the lessee to enter into such an agreement, and by signing the <br />agreement, the lessee recognizes what rights he has in the <br />property. Mr. Bartolomucci has indicated that he is agreeable to <br />this condition of the lease. <br /> <br /> Mr. Brandes inquired if approval has been obtained from the <br />Alcoholic Beverage Control (ABC). <br /> <br /> Mr. Roush replied that the ABC will not act until the City <br />has gone through all its approval processes. <br /> <br /> Mr. Brandes asked if it would be appropriate to have the <br />lease state that the lessee must have ABC approval. <br /> <br /> Ms. Acosta stated that the lessee cannot serve alcoholic <br />beverages without ABC approval. <br /> <br /> Mr. Roush replied that the provision that "The lessee shall <br />comply with all statutes, ordinances and requirements of all <br />municipal, state and federal authorities..." includes the ABC. <br /> <br /> Mr. Tarver inquired if there would be a problem with the <br />utility and easements in the vaults underneath the tables that are <br />within the leased area. <br /> <br /> Mr. Roush said no. The tables can be moved easily if PG&E <br />would need access. <br /> <br /> - 23 - <br /> 4-17-90 <br /> <br /> <br />