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AGREEMENT CONCERNING OUTDOOR DINING PERMIT <br /> (P16-0898—310 Main Street) <br /> THIS AGREEMENT is made this 2nd day of August , 2016, between <br /> the CITY OF PLEASANTON, a municipal corporation of the State of California <br /> ("City"), and Pairings Cellars,LLC ("Permittee"). <br /> RECITALS <br /> A. Permittee is the owner and operator of a restaurant commonly known as <br /> Pairings Cellars, located at 310 Main Street, Pleasanton, California. <br /> B. Permittee has obtained an outdoor dining permit from City(Case#P110- <br /> i5 S8), which is attached and incorporated as Exhibit"A,"and City is willing to permit <br /> Permittee to use public property located adjacent to Permittee's restaurant("Property) for <br /> outdoor dining purposes, subject to the terms below. <br /> NOW, THEREFORE, the parties agree as follows: <br /> 1. Permission to use City Property. City permits Permittee to use the <br /> Property exclusively for providing an outdoor seating area consistent with Permittee's <br /> restaurant use and all other conditions of Planning Department Case# P16-0898. <br /> Permittee shall comply with Section 13.04.435 of the Pleasanton Municipal Code, as it <br /> may be amended, which is 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 /> X Permittee may serve or permit the consumption of alcoholic <br /> beverages on the Property if the appropriate permit is obtained <br /> from the Department of Alcoholic Beverage Control. <br /> 3. Term. This Agreement shall begin on June 17, 2016 and shall terminate <br /> as 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. <br /> Permittee shall keep the Property in a good condition at Permittee's own expense. No <br /> substantial repairs, improvements or alterations of the Property shall be made without <br /> prior written consent of the City. Permittee shall not commit any waste upon the <br /> Property, or commit or permit any nuisance or act on the Property that may disturb the <br /> quiet enjoyment of any public use of the 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 />