HomeMy WebLinkAboutItem 14 - License Agreement with East End Realty Partnership, LP and Wursthaus, Inc. Parks, Recreation, and Community Services
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Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 19, 2021
TOPIC: License Agreement with East End Realty Partnership, LP and Wursthaus, Inc.
AGENDA TITLE:
Approve a Third Amendment to Extend the Term for the License Agreement with East
End Realty Partnership, LP and Wursthaus, Inc. to Allow Temporary Outdoor Dining
Activities to Occur within Plaza Calle Cuatro
RECOMMENDED ACTION
Authorize the City Manager to execute a third amendment to extend the term for the
License Agreement with East End Realty Partnership, LP and the Wursthaus Inc. to allow
temporary outdoor dining activities to occur within Plaza Calle Cuatro for the period
December 1, 2021 through November 30, 2022, for an amount not to exceed $2,028,
subject to non-substantive changes approved by the City Manager and the City Attorney.
DISCUSSION
Downtown Santa Ana has several entry points, but the corner of 4th and French is a
unique entry-point into Downtown Santa Ana because of the open space at Plaza Calle
Cuatro, the convenient parking structure, vibrant murals, and a variety of active
businesses. Among those businesses in that prime location is Wursthaus, a restaurant
that provides an authentic Euro-dining experience that serves hand-made sausages and
German and Belgian beer. The property owner and business owner are both committed
to the success of Downtown Santa Ana.
On May 7, 2019, the City Council approved a license agreement with East End Realty
Partnership, LP and Wursthaus (located at 305 E 4th Street, Suite 106, Santa Ana, CA
92701) to conduct temporary outdoor dining activities within Plaza Calle Cuatro for the
period of June 1, 2019 to November 30, 2019. The parties were unable to implement the
outdoor dining experience within the Plaza during the initial year due to unanticipated
delays and loitering concerns within the Plaza. Amendments to the agreement were
approved on November 5, 2019, and November 17, 2020, to extend the agreement to
November 31, 2020 and November 31 2021, respectively.
The outdoor dining activity by Wursthaus has contributed to positive activity within Plaza
Calle Cuatro. The use of the space will continue to be limited to food and beverage
services conducted by Wursthaus. The outdoor dining activities will coincide with the
License Agreement with East End Realty Partnership, LP and Wursthaus, Inc.
October 19, 2021
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hours of operation from the restaurant. While these hours are subject to change, the
restaurant operates from 11 a.m. to 12 a.m., Sundays through Tuesdays, 11 a.m. to 1
a.m. Wednesdays through Thursdays, and 11 a.m. to 2 a.m. Fridays through Saturdays.
Fixtures within this outdoor dining area are limited to temporary/removable outdoor chairs,
tables, umbrellas, and border barriers (fences) that can be removed upon notice and
request by the City of Santa Ana, in accordance with the license agreement.
Salient terms of second amendment to the License Agreement are as follows:
Twelve-month term
No outdoor dining events permitted when the City of Santa is conducting special
events
The City will retain the right to conduct unplanned events upon 24-hour notice to
the licensed party
License fee of $169 per month. Calculation of monthly fee is as follows:
o 30 days at $161 per day (per City Miscellaneous Fee Schedule) of entire
plaza = $4,830
o Square footage of entire plaza = 8564 (per assessor’s records)
o Square footage of dining space = 300 (300 divided by 8,564 = 3.5 percent
of Plaza, multiplied by $4,830 monthly fee = $169 (rounded)
Licensee will be responsible for maintenance of the dining area, possession of
insurance coverage, and compliance with all other City regulations.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The City of Santa Ana will be receiving revenue in the amount of $2,028 from this twelve-
month license. Funds will be deposited in the following account for the specified year.
Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account Description
Amount
FY 21-22 01113002-
57361
General Fund PRCSA-Recreation
Facility Rental
$2,028
EXHIBIT(S)
1. License Agreement (Third Amendment)
Submitted By: Lisa Rudloff, Executive Dir. of Parks, Recreation and Community
Services
Approved By: Kristine Ridge, City Manager
1
THIRD AMENDMENT TO TEMPORARY
OUTDOOR DINING LICENSE AGREEMENT
This THIRD AMENDMENT TO TEMPORARY OUTDOOR DINING LICENSE AGREEMENT
(“Third Amendment to License Agreement”) is entered into this day of
, 2021, by and between the City of Santa Ana, a charter city and municipal corporation duly
organized and existing under the Constitution and laws of the State of California (“City”), East End
Realty Partnership, LP, and Wursthaus, Inc. (collectively “Licensee”).
RECITALS
A.On May 7, 2019, the City and Licensee entered into the Temporary Outdoor Dining
License Agreement No. A-2019-063 (“License Agreement”) to allow temporary
outdoor dining activities within a portion of Plaza Calle Cuatro (“Plaza”), adjacent
to real property located at 301-305 East Fourth Street, Suite 106, Santa Ana.
B.On November 30, 2019, the City and Licensee entered into a First Amendment to
Temporary Outdoor Dining License Agreement No. A-2019-200 to extend the term
of said License Agreement, increase the amount of the License Fee to cover the
extended term, and clarify the type of fencing that may be installed on the Licensed
Property.
C.On November 17, 2020, the City and Licensee entered into a Second Amendment to
Temporary Outdoor Dining License Agreement No. A-2020-213 to extend the term
of said License Agreement and increase the outdoor dining space.
D.In accordance with the terms and conditions of said License Agreement, the parties
desire to amend said License Agreement to extend the term of said License
Agreement for an additional one year, subject to the payment of an additional
License Fee by Licensee; and, increase the amount of the License Fee to cover the
extended term.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to
the terms and conditions of said License Agreement, except as herein modified, the parties agree as
follows:
1.Section 1, Term and Purpose of License, shall be amended to extend the term of
the License Agreement from November 30, 2021, until November 30, 2022.
2.Section 3, License Fee, shall be amended to reflect that, upon execution of this
First Amendment to License Agreement, Licensee shall pay to the City a one-time
non-refundable fee of Two-Thousand and Twenty-Eight dollars ($2,028) to cover
this third extended term of the License.
3.Except as hereinabove modified, the terms and conditions of said License
Agreement remain unchanged and in full force and effect.
Exhibit 1
2
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to License
Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
___________________________ ________________________
DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney EAST END REALTY PARTNERSHIP, LP
_____________________________ ________________________
Ryan O. Hodge Ryan Chase
Assistant City Attorney
RECOMMENDED FOR APPROVAL: WURSTHAUS, INC.
_____________________________ ________________________
LISA RUDLOFF Gabriel Ruiz
Executive Director
Parks, Recreation and Community Services
Exhibit 1
See Attached Signature Page
See Attached Signature Page
Exhibit 1
Exhibit 1