RITA'S ITALIAN ICE GAULIN, JOHN D. OUTDOOR DINING PERMIT

AGREEMENT CONCERNING OUTDOOR DINING PERMIT (P17-0213 — 320 St. Mary Street) THIS AGREEMENT is made on July 6, 2017, between the CITY OF PLEASANTON ("City") and John D. Gaulin/Rita's Italian ice ("Permittee"). RECITALS A. Permittee is the owner and operator of a restaurant commonly known as Rita's Italian Ice, located at 320 St. Mary Street, Pleasanton, California. B. Permittee has obtained an outdoor dining permit from City (Case No. P17-0213), which is attached and incorporated as Exhibit "A," and City is willing to permit Permittee to use the sidewalk/public property ("Property") located adjacent to Permittee's restaurant for outdoor dining purposes, subject to the terms below. NOW, THEREFORE, the parties agree as follows: 1. Permission to use City Property. City permits Permittee to use the Property exclusively for providing an outdoor seating area consistent with Permittee's restaurant use and all other conditions of Planning Division Case No. P17-0213. Permittee is also responsible for complying with Section 13.04.435 of the Pleasanton Municipal Code, as it may be amended, which is attached and incorporated as Exhibit B. 2. Alcoholic Beverages. [one box to be checked] X Permittee shall not serve or permit the consumption of alcoholic beverages on the Property. ❑ Permittee may serve or permit the consumption of alcoholic beverages on the Property if the appropriate permit is obtained from the Department of Alcoholic Beverage Control. 3. Term. This Agreement shall begin on July 6, 2017, and shall terminate as provided in this Agreement. 4. Repairs, Maintenance and Alterations. The Property is in an "as is" condition and Permittee shall assume all risk of any deficiencies that may exist. Permittee shall keep the Property in a clean and orderly condition at Permittee's own expense. No repairs, improvements or alterations of the Property shall be made without prior written consent of the City. Permittee shall not commit or permit any nuisance or act on the Property that may disturb the quiet enjoyment of any public use of the sidewalk. 5. Compliance with Laws. Permittee shall comply with all laws, statutes, regulations, ordinances and requirements now in force, or which may come into force, pertaining to the Property, including maintaining appropriate clearances required by the Americans with Disabilities Act (ADA) within the outdoor-dining-seating area and also on the Property. Page 1 of 2