HomeMy WebLinkAboutCAR 03-04; Cafe Barista; Carts and Kiosks (CAR)City of Carlsbad
FOOD CARTS AND KIOSKS
Information Sheet
Project Name:
Date Submitted:
Owner Name:
Owner Address:
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Applicant Name: Actt-AYA 7Ah17tl-tA R4-7i9ruA
Applicant Address: 270 D/AIYAN~ WAY .o cepn/sIPt- CA ftl0S-L I
' Project Planner:
1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 (39
PROCEDURES
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Apply for a Business License at one of our cashier stations, and they will route your
request to the appropriate City Departments.
Complete the attached information sheet; and submit a letter and simple plot plan to
the Planning Department at 1635 Faraday Avenue, Carlsbad. Your letter and plot
plan should contain the information specified below under Submittal Requirements.
Generally within seven days of receipt of your letter, staff will notify you of the
decision to approve or deny your request. It may be possible to approve your
request immediately.
Upon approval, Planning Department staff will sign off your business license
application when we receive it from the Finance Department. If applicable, you
should also submit applications for electrical or other required permits to the Building
Department. You may also be required to obtain a permit from the Health
Department.
SUBMITTAL REQUIREMENTS
Your letter and plan should include the following information:
1. The proposed location of the cart, customer area, proposed utility hookups, existing
buildings on the site, parking areas, and vehicle and pedestrian circulation.
2. Photographs of the site showing the proposed location of the cart.
3. Photographs, brochures, and/or elevation drawings of the proposed cart, including
proposed colors, awnings and signs.
4. A description of the proposed products and type of preparation done at the
pushcart. The signature of the property owner(s) or property manager (for shopping
centers) must be included on the plans or in a separate letter as proof of permission
to operate and approval of proposed location.
H:Mdmin\CounteACart Info Sheet Revised 2-23-00
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GUIDELINES FOR FOOD CARTS & KIOSKS
The following design guidelines apply to all requests to establish a food cart or kiosk for
specialized food sales. These criteria and the procedures outlined below are applicable
to requests for food carts or kiosks in the C-1, C-2, C-T, P-M, M and C-M zones.
Proposals in the Village are subject to the requirements of the Redevelopment Master
Plan. Food carts located within buildings are exempt from these guidelines.
DESIGN GUIDELINES
1. Carts and kiosks will be permitted as an accessory use to an existing principal use
on the property and will not require an amendment to existing discretionary
approvals.
2. Carts and kiosks may be used for the incidental sale of packaged food and
beverages only. No on-site preparation of food is allowed. The sale of alcoholic
beverages is prohibited.
3. The applicant shall submit a letter of permission from the submit property owner
authorizing the location and operation of the proposed cart or kiosk.
4. Carts and kiosks shall not function as drive-thru businesses and shall not be located
in areas that:
a. Reduce the number of required parking spaces;
b. Interfere with vehicle or pedestrian circulation;
c. Present a traffic hazard;
d. Result in the removal of mature landscaping (unless additional landscaping area
is provided elsewhere); or
e. Are closer than 50 feet from any public street right-of-way.
5. Signs (if any) shall be attached to the cart and shall not exceed a cumulative total of
9 square feet in area (including canopy, awning, and umbrella signs, etc. but not
including small menu signs). No one sign shall exceed a maximum size of 6 square
feet. The size of the signs shall be in scale with the size and mass of the cart. No
off-site advertising or signage shall be permitted.
H:Mdmin\CounteACart Info Sheet Revised 2-23-00
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601 9 Paseo Del
This agrekent is hereby made by and between Lefron Group LP, dba Palomar Hand
Car Wash and Detailing, A California Limited Partnership ( herein-after referred to as
Lessor) and Idea Hunter Marketing, LLC dba: CaHe Barista (herein-after refed to as
Lessee).
Whereas Lessor is a Full Service Car Wash, located at 60 19 Paseo del Node Carlsbad,
CA 92009 and whereas Cafle Barista operates as an independent business specializing in
coffee beverages, bulk coffee's, tea and specific snack foods.
The parties do hereby agree that Lessee will install and operate an espresso beverage
kiosk on the p~mises occupied by Lessor. The exact location shall be determined by
Lessor in its sole and absolute discretion.
The duration of said sublease shall be for a period of month-to-month. Lessor, as well
as Lessee, shall have the option to terminate this lease, at any time during the term, by
providing written notice of Lessor or Lessee's intention to termhate at least thirty (30)
days prior to such termination. The written notice must be delivered by US. mail to the
address' listed below.
Rent under the lease shall commence on December 26,2003, or sooner if so desired by
Lessee, and be payable monthly on the first (1 st) day of each month. If Lessee desires to
commence business prior to December 26,2003 rent will be prorated the first month until
the end of that month. Thereafter, if payment is not received by the seventh (7th) of each
month a 15% late charge will become due and payable. Rent shall be in the amount of
Three Hundred Seventy Five Dollars ($375.00) per month. Lessor agrees to forgive
January and February 2004 rent so as to allow Lessee to get up and running. If Lessee
decides to terminate this agreement prior to being at this site for at least six (6) months
than Lessor wiU be entitled to keep the security deposit (mentioned below) in lieu of the
forgiveness of rent for January and February 2004.
A security deposit in the amount of ($425.00) shall be payable upon execution of this
sublease. The security deposit, minus any set-ofi, shall be returned to Lessee at the end
of the term after Lessor's inspection of the Premises and subject to the provision
mentioned above. The security deposit shall not be considered as payment of the last
month's rent in advance, nor shall it be used by Lessee as payment of same at the end of .
the term.
Lessor shall assure that space provided for Lessee is suf€icient to enable operation of,
and assure fidl and complete customer access to, the Espresso Kiosk during the agreed
hours of operation.
Mode
Carlsbod, CA 92009
(760) 43 1 -WAXX (9299)
fm (760) 43 1-1 956
Both parties agree that Lessee may renew sublease for one additional year or longer, if
eed to by both parties, after an initial 180 day period, under the following conditions:
default; (c) lease is still subject to the 30 day termination clause as mentioned in paragraph
4 above.
8 detaiti R I a 30 day written notice of Lessee's intention is provided to Lessor; (b) Lessee is not in
Lessor shall provide Lessee, its employees and customers access to a wash basin and
lavatory during business hours.
Lessee shall have sole discretion over the pricing of all products vended from the
Espresso Kiosk, but shall sell only those products that have been authorized by
Lessor in writing. Lessor reserves the right, at any time, to limit the amount and make of
any product to be sold by Espresso Kiosk, so as not to interfere with products Lessor will
be selling. Kiosk wiU be for the sale of coffee and related products only.
Lessee will set hours of operation to coincide with hours of operation of Lessor's
business. Hours of operation may be adjusted, with the consent of Lessor, until such time
that permanent hours can be reasonabb established.
Lessee shall not sublet the whole or any part of the premises nor assign this lease
without the prior written consent of Lessor. Lessor shall not unreasonably withhold
consent of assignment, providing proposed assignee has demonstrated operational ability,
including proper training by Lessee.
Any and ail signs placed upon the premises, and alterations to premises, shall require
the prior written consent of Lessor.
Lessee shall obtain all necessary federal, state and IocaI licenses and permits prior to
the operating of the espresso cart operation.
Lessor will grant Lessee the right to promote its products in a reasonable manner that
is consistent with all appkable regulations. Lessee pledges to conduct its business with
the utmost professionalism in a manner that shall be complementary to Lessor's business,
and to present a professional, properly trained and attired staff at all times.
Lessee shall operate as an independent subcontractor and therefore will be responsible
for its own employees, permits, licenses, insurance and liabilities. .
Lessee shall, at all times during the term of this sublease, and at its own cost and
expense, procure and continue in force the following insurance coverage: (i)
Comprehensive General Liability Insurance with a combined single limit for property
damage and bodily injury of not less than One Million Dollars inchding contractual
liability insurance covering the insUring provisions of this sublease and the performance by
60 t 9 Paseo Del Node
Cnrfsbnd, CA 92009 -
(760) 43 I-WAXY (9299)
ssee of the indemnity agreements herein, which said policy or said policies of insurance
ll name the Lessor as an additional insured thereunder and shall contain cross-liability
orsements. Upon occupancy, Lessee shall hrnish Lessor a certificate of insurance
&g Lessor ( including any and all officers) as additional insured’s, certifjing that the
same is in 111 force and effect.
Lessee shall indemnify and hold harmless Lessor from and against any and all claims
arising fiom Lessee’s use of the premises, or fiom the conduct of Lessee‘s business or
fi-orn any activity, work or things done, permitted or suffered by Lessee in or about the
premises or elsewhere and shall Mher indemtllfL and hold harmless Lessor fiom and
against any and all clairns arising fiom any breach or default in the performance of any
obligation on Lessee’s part to be performed under the terms of this sublease, or arising
from any neghgence of the Lessee, or any of Lessee’s agents, contractors or employees,
and hm and against all costs, attorneys fees, expenses and liabilities incurred in the
defense of any such claim or any action or proceeding brought thereon: and in case any
action or proceeding be brought against Lessor by reason of any such claim, Lessee, upon
notice fiom Lessor, shall defend the same at Lessee’s expense by counsel satisfactory to
Lessor.
If either party fids to perform a~y of its obligations and f& to remedy such Mure
within Meen (1 5) days after having been given written notice of such failure, the non
dehulting party may terminate this agreement immediately upon written notification to the
defkulting party.
Lessee shall comply with ai1 city codes regarding type, size and amount of signage. M
signs on the premises shall be approved by Lessor.
Any notice or demand given by either party to the other pursuant to this agreement
shall be in writing and delivered by U.S. Mail to the address below, or mailed to the other
by Certified Mail, postage pre-paid, return receipt requested, addressed as follows:
Lessor: Lefton Group LP
601 9 Paseo Del Norte
Carkbad, CA 92009
Lessee: Idea Hunter Marketing, LLC
DBA: Caffe Barkta
809 Kaipati Circle #I23 fif; - 7 o 6- ‘Wg
d I> iX56fi=, ‘3; ,,o, y Carlsbad, CA 92008 fi
This agreement shall be governed by, construed and enforced in accordance with, and
subject to, the laws of the State of California.
IO t 9 Paseo Del Norte
Corlsbod, CA 92009 -
(760) 43 t-WAXX
(9299) (760) 431-1956
t
agreement contains the entire agreement between the parties and supersedes all prior 8 detaili negotiations and understandings between the parties.
If any dispute arises regarding the interpretation or enforcement of this Lease, the
prevailing party m such dispute shall be entitled to recover its attorneys fees and costs.
By: PHCW Inc. A Ca. Corp
David Lefton - President
60 t 9 Paseo Del Node
Cerlsbed, CA 92009
___+___
DBA: Caffe Barista
Achaya Tantharatana
~(760) 431-1956