The agreements are only to allow food and alcohol consumption to patrons at the sidewalk cafe s and not for nonpatrons

CITY OF DELAND FLORIDA REQUEST FOR COMMISSION ACTION OCTOBER 15 2012 Department Planning Attachments Subject Resolutions re Sidewalk Cafe X Resolution Applications For 210 N Woodland Blvd X License Agreement For Santorini s Santorini s Greek Cuisine 132 N X Staff Memo For Santorini Woodland Blvd Pat Toni s Sweet X Resolution Things 128 N Woodland Blvd X License Agreement For Pat Toni De La Vega Restaurante y Galleria Sweet Things X Staff Memo For Pat Toni s Sweet Prepared by n 1 X Things Resolution X License Agreement For De La Vega X Staff Memo For De La Vega Approved by Department Head City Manager SUMMARY HIGHLIGHT This agenda item contains three separate license agreements 1 The owner for an existing business at 210 N Woodland Blvd Santorini s Greek Cuisine has submitted an amendment to the site plan Exhibit B for an existing temporary sidewalk cafe license agreement This amendment would increase the size of the sidewalk cafe from the approved 18 sq ft to 33 sq ft in order to add an additional table The City s park bench located previously in front of the establishment has since been removed therefore accommodating the addition of the second table 2 The owner for an existing business at 132 N Woodland Blvd Pat Toni s Sweet Things has submitted an application for a 26 sq ft temporary sidewalk cafe Refer to attached staff memo for description of how application complies with minimum criteria for a temporary sidewalk caf6 3 The owner for an existing business at 128 N Woodland Blvd De La Vega Restaurante y Galleria has submitted an application for a 104 sq ft temporary sidewalk cafe Refer to attached staff memo for description of how application complies with minimum criteria for a temporary sidewalk cafe The agreements are only to allow food and alcohol consumption to patrons at the sidewalk cafe s and not for nonpatrons STRATEGIC PLAN FOCUS AREA ACTION STEP NA SUSTAINABILITY NA

Page 2 of 2 October 15 2012 SUBJECT Sidewalk Cafe Applications for 210 N Woodland Blvd Santorini s Greek Cuisine 132 N Woodland Blvd Pat De La Vega Restaurante y Galleria Toni s Sweet Things and 128 N Woodland Blvd FISCAL IMPACT New agreements will allow the restaurants to continue with the outdoor seating which helps with attracting people to the downtown and is in keeping with its unique atmosphere RECOMMENDATION Approve the license agreements as presented for 1 Santorini s Greek Cuisine Temporary sidewalk cafe amendment 2 Pat Toni s Sweet Things Temporary sidewalk cafe 3 De La Vega Restaurante y Galleria Temporary sidewalk cafe BACKGROUNDDISCUSSION With the approval of these three applications there are now nine establishments that have come into compliance with the City s sidewalk cafe regulations Staff has contacted operators of sidewalk cafes a second time to have them sign new agreements which comply with the revised Sidewalk Cafe section of the Code of Ordinances Staff indicated that the applications should be submitted by September 15 Once the new agreements are submitted they will be brought before the City Commission Businesses now with current license agreements The Abbey Restaurant Wine Bar9107 Berryville Frozen Yogurt 17 12 Dublin Station 716 12 Manzano s716 12 The Elusive Grape 518 09 Santorini s Greek Cuisine 9412 amended 10 15 12 Casey on the Corner9412 Businesses vet to submit an application The Artisan Hotel Manderini sred Zone Coffee Bistro 101 Dick Jane s The Grotto Beer Wine Firehouse Subs processing application RendezVous closed Cress processing application

RESOLUTION NO 2012 A RESOLUTION OF THE CITY COMMISSION OF DELAND FLORIDA GRANTING A LIMITED LICENSE AGREEMENT FOR A TEMPORARY SIDEWALK CAFE FOR SANTORINI GREEK CUISINE LOCATED AT 210 NORTH WOODLAND BOULEVARD PROVIDING AN EFFECTIVE DATE WHEREAS the applicant previously obtained approval for a sidewalk cafe and an associated license agreement which was approved by the city in Resolution No 201255 and WHEREAS the said license agreement only allowed the applicant to have one outdoor table with two chairs and WHEREAS at the behest of the City Commission the applicant and City staff worked together to devise a plan that allows for two outdoor tables with two chairs each which plan is attached as Exhibit B to the license agreement which is attached to this resolution as Exhibit A and WHEREAS the applicant has submitted a properp p and completep application under Section 2695 of the City of Deland Code of Ordinances hereinafter the Code for a license agreement for a temporary sidewalk cafe and WHEREAS the applicant is proposing the outdoor seating only during normal business operating hours and WHEREAS the City Commission finds that the proposed application for a agreement is consistent with the criteria of the Code limited license NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF DELAND FLORIDA Section 1 The City Commission hereby grants the Limited License Agreement attached hereto as Exhibit A for a temporary sidewalk cafe for Santorini Greek Cuisine located at 210 North Woodland Boulevard Section 2 The license agreement which was approved by the City Commission by way of Resolution No 201255 is hereby cancelled and is of no further force or effect Section 3 This Resolution shall become effective immediately upon its adoption PASSED AND DULY ADOPTED this day of October 2012 ATTEST Robert F Apgar MayorCommissioner Julie A Hennessy City Clerk Auditor APPROVED AS TO FORM AND LEGALITY Darren J Elkind City Attorney

LIMITED LICENSE AGREEMENT This Agreement is made and entered into at DeLand Volusia County Florida by and between the City of DeLand a municipal corporation located at 120 South Florida Avenue DeLand Florida the City and Santorini Greek Cuisine Co a Florida corporation for their restaurant Santorini Greek Cuisine located at 210 North Woodland Boulevard DeLand Florida the Licensee this day of October 2012 WITNESSETH WHEREAS the City recognizes that traditional commercial areas which exhibit high amounts of pedestrian activity can support the vitality of the commercial district by incorporating the sidewalk area into selected commercial activities and that granting the privilege of using the sidewalk for commercial activity is consistent with the City s comprehensive plan and Land Development Regulations and WHEREAS Licensee acknowledges that notwithstanding any legal ownership which it may or may not hold to a portion of the sidewalk the general public and the City of DeLand have a prescriptive easement over the full width of the sidewalk as it now exists by virtue of the public s use of the sidewalk as a walking thoroughfare and the City s maintenance of the sidewalk in years past Licensee further acknowledges that use of the sidewalk under the terms of this Agreement shall not in any way alter the prescriptive easement rights of the general public and the City of DeLand as use of the subject property under this Agreement is a privilege and not a right and may be revoked at any time and WHEREAS the parties hereto acknowledge that the City possesses right of ownership andor a prescriptive easement over that portion of the sidewalk located in front of and immediately adjacent to Licensee business establishment located at 210 North Woodland Boulevard commonly known as Santorini Greek Cuisine and being more particularly described in the attached Exhibit A hereinafter the Sidewalk and WHEREAS Licensee has made proper application to the City under Section 26 95 of the Code of Ordinances of the City of DeLand for use of the Sidewalk for the purposes set forth herein and the prescribed procedures for approval and minimum criteria as set forth in Section 2695 of the Code have been met and WHEREAS it is the desire of the City of DeLand to grant unto Licensee a nonexclusive limited license to use the Sidewalk for the purposes set forth herein NOW THEREFORE in consideration of the foregoing and the covenants hereinafter set forth it is agreed as follows Section 1 Grant of nonexclusive limited license The City hereby grants unto Licensee nonexclusive limited license and access to the Sidewalk for use as a temporary sidewalk cafe pursuant to the provisions of Section 2695 of the Code of Ordinances of the City of DeLand 1

hereinafter the Code This License is non transferable non assignable and considered temporary in nature Section 2 Term of agreement renewals termination This Agreement shall begin upon all parties completing the signature page and shall continue until and unless otherwise terminated as set forth herein So long as Licensee is in full compliance with all of the terms covenants and conditions of this Agreement and Section 26 95 of the Code this Agreement shall renew annually thereafter with the renewal of the Licensee Business Tax Receipt under the same terms and conditions as the initial term of this Agreement except as those terms and conditions may be modified in accordance with this Agreement A new license agreement must be applied for and approved by the City whenever there is a change of ownership of the business even if the new owner acquires all of the stock or other interest of the Licensee Notwithstanding the foregoing the City may terminate this Agreement for any violation by Licensee of this Agreement or of Section 26 95 of the Code the City will provide written notice of termination to Licensee by certified mail return receipt requested The City reserves the right to remove from the Sidewalk any of the Licensee personal property Section 3 Design criteria Licensee shall observe the following design criteria a The design of the sidewalk cafe shall provide for a free flow of pedestrian traffic around the sidewalk cafe area A minimum clear pedestrian area of seven feet T shall be maintained b The sidewalk cafe area is limited to the areas of the Sidewalk depicted in the sketch plan attached hereto as Exhibit B c The sidewalk cafe area must be clearly delineated from the area to remain open for pedestrian traffic d Umbrellas shall be allowed provided that the umbrellas are contained within the sidewalk cafe area and do not impede pedestrian traffic or vision at intersections e Additional signs are limited to one 1 additional sign on an outdoor menu board and the restaurant name or advertising on any umbrellas The outdoor menu board may be two sided not to exceed four 4 square feet per side f Outdoor lighting if provided must be permanently installed in accordance with the City code and be approved as part of the application Licensee shall take necessary precautions including illumination for protection of the public with particular emphasis on the period from sunset to sunrise 2

Section 4 Operating standards Licensee shall observe the following operating standards a Alcoholic beverages may be temporarily served within the Sidewalk consistent with any alcoholic beverage license in effect for Licensee restaurant provided however that the sale and consumption of alcoholic beverages shall be in compliance with all state and local laws as related to such use The provisions of this subsection are a privilege not a right and the City Commission of the City of DeLand reserves the right to revoke the privilege of serving alcohol on the Sidewalk b The hours of operation for the sidewalk cafe may not exceed the operating hours of the restaurant c Tables chairs and other furniture shall be brought inside when the sidewalk cafe is not in operation d The sidewalk cafe area shall be kept in a clean condition including regular removal of trash and debris and the sidewalk area shall be periodically cleaned to remove any stains or other dirt resulting from the sidewalk cafe operation by the license holder Section 5 Public s right of use The sidewalk cafe shall be open for use by the public and such use shall not be restricted to patrons of Licensee Neither the use of Licensee seating area nor the tables and chairs the Licensee places on the Sidewalk shall be limited to the exclusive use of Licensee patrons All members of the public shall have the right to use the sidewalk cafe s seating area and the tables and chairs which Licensee places on Sidewalk without charge Section 6 Right of inspection The City Manager or his designee shall have the right to inquire from time to time into the conduct of the operations activities and services of Licensee in order to ensure that the services being provided by Licensee are in conformity with the purpose and intent of this Agreement and the Code of Ordinances Section 7 Liability insurance indemnity and hold harmless Licensee shall defend indemnify and hold harmless the City from and against any and all liability losses damages claims demands expenses fees fines penalties suits proceedings actions and costs of actions including attorneys fees of whatsoever kind or nature arising out of or in any way related to the use occupancy management or control of the premises or any act or omission of Licensee or its agents servants employees customers patrons or invitees whether on the premises or elsewhere Contemporaneously with the beginning date of this Agreement Licensee shall at its own cost and expense procure and maintain general liability coverage with an aggregate limit of not less than 1000 from an insurer licensed in the State of Florida which names the City of DeLand as an additional insured which insurance shall cover the operations of the Licensee which take place within the sidewalk cafe area 3

Section 8 Nonliability of the City to Licensee The City shall not be liable to Licensee or its agents representatives invitees employees or any other person for any injury to or death of any of them or for any damage to any of Licensee property or loss of revenue caused by any third persons connected with Licensee use and access to the Sidewalk whether the injury death or damage is due to negligence or not Third persons as used in this section shall include the United States of America and the State of Florida or any of their agencies and all persons other than the City of Deland Section 9 Permits and licenses Licensee shall at all times hold any and all permits or licenses required by any proper licensing authority to conduct its business Section 10 Compliance with zoning regulations Licensee shall at all times be in compliance with all applicable zoning regulations as set forth in the City of Deland Land Development Regulations and with all other relevant state and local regulations Section 11 Non assignability Licensee shall not assign this Agreement and any attempted assignment in contravention hereof shall be void Section 12 Abandonment of use Should Licensee voluntarily abandon its use of the subject premises for any reason whatsoever for a period of sixty 60 consecutive days this Agreement shall automatically terminate Section 13 Notices Any notices required by this Agreement shall be made in writing and sent by certified mail return receipt requested addressed to the parties as follows City Manager Emmanuel D Politis City of Deland Santorini Greek Cuisine Co 120 S Florida Avenue 210 N Woodland Boulevard DeLand FL 32720 Deland FL 32720 Section 14 Construction of agreement This Agreement shall be construed under the laws of the State of Florida and the Code of Ordinances of the City of DeLand Section 15 Amendments to agreement This Agreement may be amended only in a writing signed by both parties Section 16 Complete agreement This Agreement constitutes the complete and exclusive understanding and agreement between the parties with respect to the subject matter hereof and may only be amended in a writing signed by both parties hereto This Agreement shall be binding upon and shall inure to the benefit of the parties heirs personal representatives successors and permitted assigns Signatures on following page 4

EXECUTED BY THE CITY this day of 2012 EXECUTED BY LICENSEE this day of 2012 CITY OF DELAND SANTORINI CREEK CUISINE CO By Michael Pleus City Manager By Emmanuel D Politis Managing Member Address City of Deland Address 2624 Delbarton Avenue 120 S Florida Avenue Deltona FL 32725 DeLand Florida 32720 WITNESSES AS TO THE CITY WITNESSES AS TO LICENSEE Witness Signature Witness Signature Print Name Print Name Witness Signature Witness Signature Print Name Print Name This Instrument Prepared By City of DeLand 120 S Florida Avenue DeLand Florida 32720 5

EXHIBIT A A PART OF PARCEL 700966002100 MORE PARTICULARLY DESCRIBED AS THE SOUTH 19 57 FEET OF THE NORTH 180 24 FEET OF LOT 4 BLOCK 9 ROGERS SURVEY OF DELAND AS PER THE MAP THEREOF RECORDED IN MAP BOOK 14 PAGES 15 TO 17 INCLUSIVE PUBLIC RECORDS OF VOLUSIA COUNTY FLORIDA AND INCLUDING A PORTION OF THE SIDEWALK LOCATED WITHIN THE PUBLIC RIGHTOFWAY DIRECTLY IN FRONT OF AND ADJACENT TO SAID PARCEL 6

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Planning Department Memorandum TO Mike Holmes DATE October 15 2012 FROM Caroline TurgeonVI SUBJECT Amendment to Sidewalk Cafe License Agreement for 210 N Woodland Blvd LA 1241 The owner for an existing business at 210 N Woodland Blvd Santorini Greek Cuisine has submitted an amendment to the site plan Exhibit B for an existing temporary sidewalk cafe license agreement This amendment would increase the size of the sidewalk caf6 from the approved 18 sq ft to 33 sq ft in order to add an additional table The City s park bench located previously in front of the establishment has since been removed therefore accommodating the addition of the second table Below are the minimum criteria for a temporary sidewalk cafe per Section 2695 of the City of DeLand Code of Ordinances Per the amended site plan and supporting documentation previously submitted by the applicant the following has been determined 1 The zoning of the subject property permits the operation of a sidewalk cafe The property is zoned C2AH Downtown Commercial which permits sidewalk cafes 2 The sidewalk cafe is adjacent to the front of the building with which it is associated Proposed outdoor seating is located adjacent to the restaurant frontage on N Woodland Blvd 3 The sidewalk cafe is an extension of a permanent restaurant or other establishment lawfully selling food and or beverage Yes Santorini Greek Cuisine 4 The sidewalk cafe is auxiliary and will not operate outside the operating hours of the restaurant Per applicant operating hours will be the same as the business 5 The sidewalk cafe is temporary in nature and all tables chairs umbrellas outdoor menu boards and other such items will be secured indoors during non operational hours Per submitted application applicant acknowledges this requirement 6 As it is a temporary sidewalk cafe no permanent structures except for lighting will be constructed Page 1 of 2

LA1241 No permanent structures are proposed 7 If proposed additional permanent outdoor lighting has been indicated on the site plan No additional outdoor lighting is proposed S The sidewalk cafe will not impede pedestrian traffic meets the minimum clearance requirements for its district Amended site plan Exhibit B shows compliance with the minimum 7foot pedestrian clearance for all sidewalk cafes located on Woodland Blvd 9 Alcoholic beverages will only be served or consumed within the proposed sidewalk cafe area boundary to be approved and only after the appropriate beverage license has been obtained from the Department of Business and Professional Regulation The applicant does maintain a 2COP alcohol license which includes areas outside to be licensed 10 Outdoor food preparation if proposed is restricted to the area to be licensed and meets all applicable city fire safety and health codes and all other relevant local and state regulations regarding outdoor food preparation No outdoorfoodpreparation has been proposed 11 The outside seating will not exceed 20 of the restaurant floor area unless additional parking has been approved True proposed outside seating constitutes less than 20 of the indoor restaurant floor area As the addition of a second table appears to meet all criteria for a temporary sidewalk cafe and as the cafe will not adversely affect public health safety or welfare staff recommends approval of said application 1COMMDEVPLANNING MEMOS 2012 LA12 41 210N Woodland doc Page 2 of 2

RESOLUTION NO 2012 A RESOLUTION OF THE CITY COMMISSION OF DELAND FLORIDA GRANTING A LIMITED LICENSE AGREEMENT FOR A TEMPORARY SIDEWALK CAFE FOR McEAZY CORPORATION LOCATED AT 132 NORTH WOODLAND BOULEVARD PROVIDING AN EFFECTIVE DATE WHEREAS the applicant has submitted a proper and complete application under Section 2695 of the City of DeLand Code of Ordinances hereinafter the Code for a license agreement for a temporary sidewalk cafe and WHEREAS the applicant is proposing outdoor seating during normal business operating hours for their confectionery Pat and Toni s Sweet Things and WHEREAS the City Commission finds that the proposed application for a license agreement is consistent with the criteria of the Code limited NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF DELAND FLORIDA Section 1 The City Commission hereby grants the Limited License Agreement attached hereto as Exhibit A for a temporary sidewalk cafe for McEazy Corporation located at 132 North Woodland Boulevard Section 2 This Resolution shall become effective immediately upon its adoption PASSED AND DULY ADOPTED this day of October 2012 Robert F Apgar Mayor Commissioner ATTEST Julie A Hennessy City Clerk Auditor APPROVED AS TO FORM AND LEGALITY Darren J Elkind City Attorney

I O R1 Planning Department Memorandum TO Mike Holmes DATE October 15 2012 FROM Caroline Turgeon l SUBJECT Sidewalk Cafe Application for 132 N Woodland Blvd LA 1235 The owner for an existing business at 132 N Woodland Blvd Pat Toni s Sweet Things has submitted an application for a 26 sq ft temporary sidewalk cafe Below are the minimum criteria for a temporary sidewalk cafe per Section 2695 of the City of DeLand Code of Ordinances Per the site plan and supporting documentation submitted by the applicant the following has been determined 1 The zoning of the subject property permits the operation of a sidewalk cafe The property is zoned C2AH Downtown Commercial which permits sidewalk cafes 2 The sidewalk cafe is adjacent to the front of the building with which it is associated Proposed outdoor seating is located adjacent to the building s frontage on N Woodland Blvd 3 The sidewalk cafe is an extension of a permanent restaurant or other establishment lawfully selling food and or beverage Yes Pat Toni s Sweet Things 4 The sidewalk cafe is auxiliary and will not operate outside the operating hours of the restaurant Per applicant operating hours will be the same as the business 5 The sidewalk cafe is temporary in nature and all tables chairs umbrellas outdoor menu boards and other such items will be secured indoors during non operational hours Per submitted application applicant acknowledges this requirement 6 As it is a temporary sidewalk cafe no permanent structures except for lighting will be constructed No permanent structures are proposed 7 If proposed additional permanent outdoor lighting has been indicated on the site plan No additional outdoor lighting is proposed Page 1 of 2

LA12 35 8 The sidewalk cafd will not impede pedestrian traffic meets the minimum clearance requirements for its district Site plan shows compliance with the minimum sidewalk cafes located on Woodland Boulevard 7foot pedestrian clearance for all 9 Alcoholic beverages will only be served or consumed within the proposed sidewalk cafe area boundary to be approved and only after the appropriate beverage license has been obtained from the Department of Business and Professional Regulation The applicant does not maintain an alcohol license 10 Outdoor food preparation if proposed is restricted to the area to be licensed and meets all applicable city fire safety and health codes and all other relevant local and state regulations regarding outdoor food preparation No outdoor foodpreparation has been proposed 11 The outside seating will not exceed 20 of the restaurant floor area unless additional parking has been approved True proposed outside seating constitutes less than 20 of the indoor restaurant floor area As the applicant appears to meet all criteria for a temporary sidewalk cafd and as the cafe will not adversely affect public health safety or welfare staff recommends approval of said application COMMDEVPLANNING MEMOS 2012 LA1235 132NWoodland doc Page 2 of 2

LIMITED LICENSE AGREEMENT This Agreement is made and entered into at DeLand Volusia County Florida by and between the City of DeLand a municipal corporation located at 120 South Florida Avenue DeLand Florida the City and McEazy Corp a Florida corporation for their confectionery Pat and Toni s Sweet Things located at 132 North Woodland Boulevard DeLand Florida the Licensee this day of October 2012 WITNESSETH WHEREAS the City recognizes that traditional commercial areas which exhibit high amounts of pedestrian activity can support the vitality of the commercial district by incorporating the sidewalk area into selected commercial activities and that granting the privilege of using the sidewalk for commercial activity is consistent with the City s comprehensive plan and Land Development Regulations and WHEREAS Licensee acknowledges that notwithstanding any legal ownership which it may or may not hold to a portion of the sidewalk the general public and the City of DeLand have a prescriptive easement over the full width of the sidewalk as it now exists by virtue of the public s use of the sidewalk as a walking thoroughfare and the City s maintenance of the sidewalk in years past Licensee further acknowledges that use of the sidewalk under the terms of this Agreement shall not in any way alter the prescriptive easement rights of the general public and the City of DeLand as use of the subject property under this Agreement is a privilege and not a right and may be revoked at any time and WHEREAS the parties hereto acknowledge that the City possesses right of ownership andor a prescriptive easement over that portion of the sidewalk located in front of and immediately adjacent to Licensee business establishment located at 132 North Woodland Boulevard commonly known as Pat and Toni s Sweet Things and being more particularly described in the attached Exhibit A hereinafter the Sidewalk and WHEREAS Licensee has made proper application to the City under Section 2695 of the Code of Ordinances of the City of DeLand for use of the Sidewalk for the purposes set forth herein and the prescribed procedures for approval and minimum criteria as set forth in Section 2695 of the Code have been met and WHEREAS it is the desire of the City of DeLand to grant unto Licensee a nonexclusive limited license to use the Sidewalk for the purposes set forth herein NOW THEREFORE in consideration of the foregoing and the covenants hereinafter set forth it is agreed as follows Section 1 Grant of nonexclusive limited license The City hereby grants unto Licensee nonexclusive limited license and access to the Sidewalk for use as a temporary sidewalk cafe pursuant to the provisions of Section 2695 of the Code of Ordinances of the City of DeLand Z

i hereinafter the Code This License is non transferable non assignable and considered temporary in nature Section 2 Term of agreement renewals termination This Agreement shall begin upon all parties completing the signature page and shall continue until and unless otherwise terminated as set forth herein So long as Licensee is in full compliance with all of the terms covenants and conditions of this Agreement and Section 2695 of the Code this Agreement shall renew annually thereafter with the renewal of the Licensee Business Tax Receipt under the same terms and conditions as the initial term of this Agreement except as those terms and conditions may be modified in accordance with this Agreement A new license agreement must be applied for and approved by the City whenever there is a change of ownership of the business even if the new owner acquires all of the stock or other interest of the Licensee Notwithstanding the foregoing the City may terminate this Agreement for any violation by Licensee of this Agreement or of Section 2695 of the Code the City will provide written notice of termination to Licensee by certified mail return receipt requested The City reserves the right to remove from the Sidewalk any of the Licensee personal property Section 3 Design criteria Licensee shall observe the following design criteria a The design of the sidewalk cafe shall provide for a free flow of pedestrian traffic around the sidewalk cafe area A minimum clear pedestrian area of seven feet T shall be maintained b The sidewalk cafe area is limited to the sidewalk area directly adjacent to the restaurant frontage as shown on the sketch plan attached hereto as Exhibit B c The sidewalk cafe area must be clearly delineated from the area to remain open for pedestrian traffic d Umbrellas shall be allowed provided that the umbrellas are contained within the sidewalk cafe area and do not impede pedestrian traffic or vision at intersections e Additional signs are limited to one 1 additional sign on an outdoor menu board and the restaurant name or advertising on any umbrellas The outdoor menu board may be two sided not to exceed four 4 square feet per side f Outdoor lighting if provided must be permanently installed in accordance with the City code and be approved as part of the application Licensee shall take necessary precautions including illumination for protection of the public with particular emphasis on the period from sunset to sunrise 2

Section 4 Operating standards Licensee shall observe the following operating standards a Alcoholic beverages may be temporarily served within the Sidewalk consistent with any alcoholic beverage license in effect for Licensee restaurant provided however that the sale and consumption of alcoholic beverages shall be in compliance with all state and local laws as related to such use The provisions of this subsection are a privilege not a right and the City Commission of the City of DeLand reserves the right to revoke the privilege of serving alcohol on the Sidewalk b The hours of operation for the sidewalk cafe may not exceed the operating hours of the restaurant c Tables chairs and other furniture shall be brought inside when the sidewalk cafe is not in operation d The sidewalk cafe area shall be kept in a clean condition including regular removal of trash and debris and the sidewalk area shall be periodically cleaned to remove any stains or other dirt resulting from the sidewalk cafe operation by the license holder Section 5 Public s right of use The sidewalk cafe shall be open for use by the public and such use shall not be restricted to patrons of Licensee Neither the use of Licensee seating area nor the tables and chairs the Licensee places on the Sidewalk shall be limited to the exclusive use of Licensee patrons All members of the public shall have the right to use the sidewalk cafe s seating area and the tables and chairs which Licensee places on Sidewalk without charge Section 6 Right of inspection The City Manager or his designee shall have the right to inquire from time to time into the conduct of the operations activities and services of Licensee in order to ensure that the services being provided by Licensee are in conformity with the purpose and intent of this Agreement and the Code of Ordinances Section 7 Liability insurance indemnity and hold harmless Licensee shall defend indemnify and hold harmless the City from and against any and all liability losses damages claims demands expenses fees fines penalties suits proceedings actions and costs of actions including attorneys fees of whatsoever kind or nature arising out of or in any way related to the use occupancy management or control of the premises or any act or omission of Licensee or its agents servants employees customers patrons or invitees whether on the premises or elsewhere Contemporaneously with the beginning date of this Agreement Licensee shall at its own cost and expense procure and maintain general liability coverage with an aggregate limit of not less than 1000 from an insurer licensed in the State of Florida which names the City of DeLand as an additional insured which insurance shall cover the operations of the Licensee which take place within the sidewalk cafe area 3

f Section 8 Nonliability of the City to Licensee The City shall not be liable to Licensee or its agents representatives invitees employees or any other person for any injury to or death of any of them or for any damage to any of Licensee property or loss of revenue caused by any third persons connected with Licensee use and access to the Sidewalk whether the injury death or damage is due to negligence or not Third persons as used in this section shall include the United States of America and the State of Florida or any of their agencies and all persons other than the City of DeLand Section 9 Permits and licenses Licensee shall at all times hold any and all permits or licenses required by any proper licensing authority to conduct its business Section 10 Compliance with zoning regulations Licensee shall at all times be in compliance with all applicable zoning regulations as set forth in the City of DeLand Land Development Regulations and with all other relevant state and local regulations Section I Non assignability Licensee shall not assign this Agreement and any attempted assignment in contravention hereof shall be void Section 12 Abandonment of use Should Licensee voluntarily abandon its use of the subject premises for any reason whatsoever for a period of sixty 60 consecutive days this Agreement shall automatically terminate Section 13 Notices Any notices required by this Agreement shall be made in writing and sent by certified mail return receipt requested addressed to the parties as follows City Manager City of DeLand McEazy Patrick J McMahon Corp 120 S Florida Avenue 132 N Woodland Boulevard DeLand FL 32720 DeLand FL 32720 Section 14 Construction of agreement This Agreement shall be construed under the laws of the State of Florida and the Code of Ordinances of the City of DeLand Section 15 Amendments to agreement This Agreement may be amended only in a writing signed by both parties Section 16 Complete agreement This Agreement constitutes the complete and exclusive understanding and agreement between the parties with respect to the subject matter hereof and may only be amended in a writing signed by both parties hereto This Agreement shall be binding upon and shall inure to the benefit of the parties heirs personal representatives successors and permitted assigns Signatures on following page 4

EXECUTED BY THE CITY this day of 2012 EXECUTED BY LICENSEE this day of 12012 CITY OF DELAND McEAZY CORP By Michael Pleus City Manager By Patrick J McMahon President Address City of Deland Address 3597 Romea Circle 120 S Florida Avenue New Smyrna Beach FL 32168 DeLand Florida 32720 WITNESSES AS TO THE CITY WITNESSES AS TO LICENSEE Witness Signature Witness Signature Print Name Print Name Witness Signature Witness Signature Print Name Print Name This Instrument Prepared By City of DeLand 120 S Florida Avenue DeLand Florida 32720 5

i EXHIBIT A A PART OF PARCEL 7009 03 000061 MORE PARTICULARLY DESCRIBED AS SOUTH OF LOT F ASSESSOR SUBDIVISION OF BLOCK 2 ROGER S MAP OF DELAND AS RECORDED IN MAP BOOK 3 PAGES 109 PUBLIC RECORDS OF VOLUSIA COUNTY FLORIDA AND INCLUDING A PORTION OF THE SIDEWALK LOCATED WITHIN THE PUBLIC RIGHTOFWAY DIRECTLY IN FRONT OF AND ADJACENT TO SAID PARCEL 6

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RESOLUTION NO 2012 A RESOLUTION OF THE CITY COMMISSION OF DELAND FLORIDA GRANTING A LIMITED LICENSE AGREEMENT FOR A TEMPORARY SIDEWALK CAFE FOR NOVEGA INC LOCATED AT 128 NORTH WOODLAND BOULEVARD PROVIDING AN EFFECTIVE DATE WHEREAS the applicant has submitted a proper and complete application under Section 2695 of the City of Deland Code of Ordinances hereinafter the Code for a license agreement for a temporary sidewalk cafe and WHEREAS the applicant is proposing outdoor seating during normal business operating hours for their restaurant known as De La Vega Restaurante y Galeria and WHEREAS the City Commission finds that the proposed application for a limited license agreement is consistent with the criteria of the Code NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF DELAND FLORIDA Section 1 The City Commission hereby grants the Limited License Agreement attached hereto as Exhibit A for a temporary sidewalk cafe for Novega Inc located at 128 North Woodland Boulevard Section 2 This Resolution shall become effective immediately upon its adoption PASSED AND DULY ADOPTED this day of October 2012 Robert F Apgar Mayor Commissioner ATTEST Julie A Hennessy City Clerk Auditor APPROVED AS TO FORM AND LEGALITY Darren J Elkind City Attorney

VELA t Planning Department Memorandum TO Mike Holmes DATE October 15 2012 FROM Caroline TurgeonO SUBJECT Sidewalk Cafd Application for 128 N Woodland Blvd LA 1240 The owner for an existing business at 128 N Woodland Blvd De La Vega Restaurante y Galeria has submitted an application for a 104 sq ft temporary sidewalk cafd A site plan for a temporary sidewalk cafd at said address was originally approved by Staff on September 22 2004 LA0401 under the restaurant former name Penacho s Mexican Grill same ownership However for some unknown reason the request was not forwarded to the City Commission at that time and therefore a license agreement with the City was never obtained The applicant is now attempting to rectify that situation Below are the minimum criteria for a temporary sidewalk cafd per Section 2695 of the City of DeLand Code of Ordinances Per the site plan and supporting documentation submitted by the applicant the following has been determined 1 The zoning of the subject property permits the operation of a sidewalk cafd The property is zoned C2A H Downtown Commercial which permits sidewalk cafes 2 The sidewalk cafd is adjacent to the front of the building with which it is associated Proposed outdoor seating is located adjacent to the building s frontage on N Woodland Blvd 3 The sidewalk cafd is an extension of a permanent restaurant or other establishment lawfully selling food and or beverage Yes De La Vega Restaurante y Galeria 4 The sidewalk cafd is auxiliary and will not operate outside the operating hours of the restaurant Per applicant operating hours will be the same as the business 5 The sidewalk cafd is temporary in nature and all tables chairs umbrellas outdoor menu boards and other such items will be secured indoors during non operational hours Per submitted application applicant acknowledges this requirement Page 1 of 2

i i LA1240 6 As it is a temporary sidewalk cafe no permanent structures except for lighting will be constructed No permanent structures are proposed 7 If proposed additional permanent outdoor lighting has been indicated on the site plan No additional outdoor lighting is proposed 8 The sidewalk cafe will not impede pedestrian traffic meets the minimum clearance requirements for its district Site plan shows compliance with the minimum sidewalk cafes located on Woodland Boulevard 7foot pedestrian clearance for all 9 Alcoholic beverages will only be served or consumed within the proposed sidewalk cafe area boundary to be approved and only after the appropriate beverage license has been obtained from the Department of Business and Professional Regulation The applicant does maintain a 2COP alcohol license however outside areas were not included under the original alcohol license application approval The applicant s license may still need to be updated with the State to include new outside areas 10 Outdoor food preparation if proposed is restricted to the area to be licensed and meets all applicable city fire safety and health codes and all other relevant local and state regulations regarding outdoor food preparation No outdoorfood preparation has been proposed 11 The outside seating will not exceed 20 of the restaurant floor area unless additional parking has been approved True proposed outside seating constitutes less than 20 of the indoor restaurant floor area As the applicant appears to meet all criteria for a temporary sidewalk cafe and as the cafe will not adversely affect public health safety or welfare staff recommends approval of said application COMMDEV PLANNING MEMOS 2012 LA12 40 128NWoodland doc Page 2 of 2

LIMITED LICENSE AGREEMENT This Agreement is made and entered into at DeLand Volusia County Florida by and between the City of DeLand a municipal corporation located at 120 South Florida Avenue DeLand Florida the City and Novega Inc a Florida corporation for their restaurant De La Vega Restaurante y Galeria located at 128 North Woodland Boulevard DeLand Florida the Licensee this day of October 2012 WITNESSETH WHEREAS the City recognizes that traditional commercial areas which exhibit high amounts of pedestrian activity can support the vitality of the commercial district by incorporating the sidewalk area into selected commercial activities and that granting the privilege of using the sidewalk for commercial activity is consistent with the City s comprehensive plan and Land Development Regulations and WHEREAS Licensee acknowledges that notwithstanding any legal ownership which it may or may not hold to a portion of the sidewalk the general public and the City of DeLand have a prescriptive easement over the full width of the sidewalk as it now exists by virtue of the public s use of the sidewalk as a walking thoroughfare and the City s maintenance of the sidewalk in years past Licensee further acknowledges that use of the sidewalk under the terms of this Agreement shall not in any way alter the prescriptive easement rights of the general public and the City of DeLand as use of the subject property under this Agreement is a privilege and not a right and may be revoked at any time and WHEREAS the parties hereto acknowledge that the City possesses right of ownership andor a prescriptive easement over that portion of the sidewalk located in front of and immediately adjacent to Licensee business establishment located at 128 North Woodland Boulevard commonly known as De La Vega Restaurante y Galeria and being more particularly described in the attached Exhibit A hereinafter the Sidewalk and WHEREAS Licensee has made proper application to the City under Section 2695 of the Code of Ordinances of the City of DeLand for use of the Sidewalk for the purposes set forth herein and the prescribed procedures for approval and minimum criteria as set forth in Section 2695 of the Code have been met and WHEREAS it is the desire of the City of DeLand to grant unto Licensee a nonexclusive limited license to use the Sidewalk for the purposes set forth herein NOW THEREFORE in consideration of the foregoing and the covenants hereinafter set forth it is agreed as follows Section 1 Grant of nonexclusive limited license The City hereby grants unto Licensee nonexclusive limited license and access to the Sidewalk for use as a temporary sidewalk cafe pursuant to the provisions of Section 2695 of the Code of Ordinances of the City of DeLand 1

hereinafter the Code This License is non transferable non assignable and temporary in nature considered Section 2 Term of agreement renewals termination This Agreement shall begin upon all parties completing the signature page and shall continue until and unless otherwise terminated as set forth herein So long as Licensee is in full compliance with all of the terms covenants and conditions of this Agreement and Section 2695 of the Code this Agreement shall renew annually thereafter with the renewal of the Licensee Business Tax Receipt under the same terms and conditions as the initial term of this Agreement except as those terms and conditions may be modified in accordance with this Agreement A new license agreement must be applied for and approved by the City whenever there is a change of ownership of the business even if the new owner acquires all of the stock or other interest of the Licensee Notwithstanding the foregoing the City may terminate this Agreement for any violation by Licensee of this Agreement or of Section 26 95 of the Code the City will provide written notice of termination to Licensee by certified mail return receipt requested The City reserves the right to remove from the Sidewalk any of the Licensee personal property Section 3 Design criteria Licensee shall observe the following design criteria a The design of the sidewalk cafe shall provide for a free flow of pedestrian traffic around the sidewalk cafe area A minimum clear pedestrian area of seven feet T shall be maintained b The sidewalk cafe area is limited to the sidewalk area directly adjacent to the restaurant frontage as shown on the sketch plan attached hereto as Exhibit B c The sidewalk cafe area must be clearly delineated from the area to remain open for pedestrian traffic d Umbrellas shall be allowed provided that the umbrellas are contained within the sidewalk cafe area and do not impede pedestrian traffic or vision at intersections e Additional signs are limited to one 1 additional sign on an outdoor menu board and the restaurant name or advertising on any umbrellas The outdoor menu board may be two sided not to exceed four 4 square feet per side f Outdoor lighting if provided must be permanently installed in accordance with the City code and be approved as part of the application Licensee shall take necessary precautions including illumination for protection of the public with particular emphasis on the period from sunset to sunrise 2

Section 4 Operating standards Licensee shall observe the following operating standards a Alcoholic beverages may be temporarily served within the Sidewalk consistent with any alcoholic beverage license in effect for Licensee restaurant provided however that the sale and consumption of alcoholic beverages shall be in compliance with all state and local laws as related to such use The provisions of this subsection are a privilege not a right and the City Commission of the City of Deland reserves the right to revoke the privilege of serving alcohol on the Sidewalk b The hours of operation for the sidewalk cafe may not exceed the operating hours of the restaurant Oc Tables chairs and other furniture not in operation shall be brought inside when the sidewalk cafe is d The sidewalk cafe area shall be kept in a clean condition including regular removal of trash and debris and the sidewalk area shall be periodically cleaned to remove any stains or other dirt resulting from the sidewalk cafe operation by the license holder Section 5 Public s right of use The sidewalk cafe shall be open for use by the public and such use shall not be restricted to patrons of Licensee Neither the use of Licensee seating area nor the tables and chairs the Licensee places on the Sidewalk shall be limited to the exclusive use of Licensee patrons All members of the public shall have the right to use the sidewalk cafe s seating area and the tables and chairs which Licensee places on Sidewalk without charge Section 6 Right of inspection The City Manager or his designee shall have the right to inquire from time to time into the conduct of the operations activities and services of Licensee in order to ensure that the services being provided by Licensee are in conformity with the purpose and intent of this Agreement and the Code of Ordinances Section 7 Liability insurance indemnity and hold harmless Licensee shall defend indemnify and hold harmless the City from and against any and all liability losses damages claims demands expenses fees fines penalties suits proceedings actions and costs of actions including attorneys fees of whatsoever kind or nature arising out of or in any way related to the use occupancy management or control of the premises or any act or omission of Licensee or its agents servants employees customers patrons or invitees whether on the premises or elsewhere Contemporaneously with the beginning date of this Agreement Licensee shall at its own cost and expense procure and maintain general liability coverage with an aggregate limit of not less than 1000 from an insurer licensed in the State of Florida which names the City of Deland as an additional insured which insurance shall cover the operations of the Licensee which take place within the sidewalk cafe area 3

Section 8 Nonliability of the City to Licensee The City shall not be liable to Licensee or its agents representatives invitees employees or any other person for any injury to or death of any of them or for any damage to any of Licensee property or loss of revenue caused by any third persons connected with Licensee use and access to the Sidewalk whether the injury death or damage is due to negligence or not Third persons as used in this section shall include the United States of America and the State of Florida or any of their agencies and all persons other than the City of DeLand Section 9 Permits and licenses Licensee shall at all times hold any and all permits or licenses required by any proper licensing authority to conduct its business Section 10 Compliance with zoning regulations Licensee shall at all times be in compliance with all applicable zoning regulations as set forth in the City of DeLand Land Development Regulations and with all other relevant state and local regulations Section 11 Non assignability Licensee shall not assign this Agreement and any attempted assignment in contravention hereof shall be void Section 12 Abandonment of use Should Licensee voluntarily abandon its use of the subject premises for any reason whatsoever for a period of sixty 60 consecutive days this Agreement shall automatically terminate Section 13 Notices Any notices required by this Agreement shall be made in writing and sent by certified mail return receipt requested addressed to the parties as follows City Manager Manuel De La Vega City of DeLand Novega Inc 120 S Florida Avenue 128 N Woodland Boulevard DeLand FL 32720 DeLand FL 32720 Section 14 Construction of agreement This Agreement shall be construed under the laws of the State of Florida and the Code of Ordinances of the City of DeLand Section 15 Amendments to agreement This Agreement may be amended only in a writing signed by both parties Section 16 Complete agreement This Agreement constitutes the complete and exclusive understanding and agreement between the parties with respect to the subject matter hereof and may only be amended in a writing signed by both parties hereto This Agreement shall be binding upon and shall inure to the benefit of the parties heirs personal representatives successors and permitted assigns Signatures on following page 4