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/ 3 - 7dVe) <br /> AGREEMENT CONCERNING OUTDOOR DINING PERMIT <br /> (425 Main Street) <br /> 41 <br /> THIS AGREEMENT is made this 3" day of January 2013, between the CITY OF <br /> PLEASANTON, a municipal corporation of the State of California ("City"), and Nonni's <br /> Bistro ("Permittee"). <br /> RECITALS <br /> A. Permittee is the owner and operator of a restaurant commonly known as Nonni's <br /> Bistro, located at 425 Main Street, Pleasanton, California. <br /> B. Permittee has obtained an outdoor dining permit from City (Case No. PDIN-21), <br /> which is attached and incorporated as Exhibit"A," and City is willing to permit Permittee to <br /> use public property located adjacent to Permittee's restaurant("Property) for outdoor dining <br /> purposes, subject to the terms below. <br /> NOW, THEREFORE, the parties agree as follows: <br /> I. Permission to use City Property. City permits Permittee to use the Property <br /> exclusively for providing an outdoor seating area consistent with Permittee's restaurant use <br /> and all other conditions of Planning Department Case No. PDIN-21. Permittee shall comply <br /> with Section 13.04.435 of the Pleasanton Municipal Code, as it may be amended, which is <br /> attached and incorporated as Exhibit B. <br /> 2. Alcoholic Beverages. [one box to be checked] <br /> ❑ Permittee shall not serve or permit the consumption of alcoholic <br /> beverages on the Property. <br /> Permittee may serve or permit the consumption of alcoholic beverages <br /> on the Property if the appropriate permit is obtained from the <br /> Department of Alcoholic Beverage Control. <br /> 3. Term. This Agreement shall begin on May 2010 and shall terminate as <br /> provided in this Agreement. <br /> 4. Repairs, Maintenance and Alternations. The Property is in an "as is" <br /> condition and Permittee shall assume all risk of any deficiencies that may exist. Permittee <br /> shall keep the Property, including the sidewalks and any tree wells or grates located within <br /> the sidewalks, in a clean and safe and good condition for customers, pedestrians, and <br /> passersby at Permittee's own expense. No substantial repairs, improvements or alterations of <br /> the Property shall be made without prior written consent of the City. Permittee shall not <br /> commit any waste upon the Property, or commit or permit any nuisance or act on the <br /> Property that may disturb the quiet enjoyment of any public use of the adjacent sidewalk or <br /> other public uses. <br /> 5. Compliance with Laws. Permittee shall comply with all laws, statutes, <br /> regulations, ordinances and requirements now in force, or which may come into force, <br /> pertaining to the Property. <br /> Page 1 of 2 <br />