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• <br /> AGREEMENT CONCERNING OUTDOOR DINING PERMIT <br /> (PDIN-31 —336 St. Mary Street) <br /> THIS AGREEMENT is made this 2;7 day of ]v l >i , 2016. between the <br /> CITY O PLEASANTON, a municipal corporation of the State of California ("City"), and <br /> ' 0JZ 3f"2 a nl ("Permittee"). <br /> RECITALS <br /> A. Permittee is the owner and operator of a restaurant commonly known as Beer <br /> Baron, located at 336 St. Mary Street, Pleasanton, California. <br /> B. Permittee obtained a business that previously obtained an outdoor dining <br /> permit from City (Case#PDIN-31), which is attached and incorporated as Exhibit "A," and <br /> City is willing to permit Permittee to use public property located adjacent to Permittee's <br /> restaurant ("Property) for outdoor dining 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 Perniittee's restaurant use <br /> and all other conditions of Planning Department Case # PDIN-31. 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 he checked] <br /> ❑ Permittee shall not serve or permit the consumption of alcoholic <br /> beverages on the Property. <br /> X 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 June 17, 2016 and shall terminate as <br /> provided in this Agreement. <br /> 4. Repairs, Maintenance and Alternations. The Property is in an "as is" condition <br /> and Permittee shall assume all risk of any deficiencies that may exist. Permittee shall keep <br /> the Property in a good condition at Permittee's own expense. No substantial repairs, <br /> improvements or alterations of the Property shall be made without prior written consent of the <br /> City. Permittee shall not commit any waste upon the Property, or commit or permit any <br /> nuisance or act on the Property that may disturb the quiet enjoyment of any public use of the <br /> adjacent sidewalk or 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 />■ <br />