Loading...
HomeMy WebLinkAboutCAR 13-02; Cafe Muse; Carts and Kiosks (CAR)VcARLSBAD LJrii-t Community & Economic Development www.carlsbadca.gov August 12, 2013 Cafe Muse Jennifer Kaufman PO Box 611 Oceanside, CA 92049 SUBJECT: CAR 13-02 - CAF^ MUSE Your application for a coffee cart located at 1775 Dove Lane, has been APPROVED subject to the following conditions: 1. The cart or kiosk is an accessory use to an existing principal use on the property. 2. Carts and Kiosks are to 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 location ofthe cart or kiosk shall be located as per Exhibit "A", dated August 12, 2013. 4. The cart or kiosk shall not function as a drive-thru business 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; or e. are located closer than fifty (50) feet from any public right-of-way. 5. Signs shall be attached to the cart and shall not exceed a cumulative total of nine (9) square feet in area (including canopy, awning and umbrella signs, etc., but not induding small menu signs). No one sign shall exceed a maximum of six (6) square feet. The size of the signs shall be in scale with the size and mass ofthe cart or kiosk. No off-site advertising or signs shall be permitted. If you have any questions regarding the above, please contact Gina Ruiz at (760) 602-4675. Sincerely, CHRIS DeCERBO Principal Planner CD:GR:sm c: Joe Garuba, Municipal Property Manager Steven Didier, Management Analyst - Dove Library Don Neu Planning Director Chris DeCerbo, Principal Planner Debbie Fountain, HNS File copy Planning Division 1635 Faraday Avenue, Carisbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® •^Xe plan for u^c c^^< service at Dove Library nnnn nnnmmn, nnnn rTmnrm ••~ iupiwrt pods i 5'di» Tor viEvJ EraptcgM* Pbtfcn* A 6* Fof pn]<W(*ij ^Ktiol tCHVt* Awniq 10" CITY OF CARLSBAD FOOD CARTS AND KIOSKS Information Sheet P-19 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Proiect Address: ITTQ a?t?vt LAUE. r.CA(Z.L56AP CITY U&dAdY') Project Name: CAfe KU6e. Date Submitted: cTaiY 2.3.ZOI3 Owner Name; CITY Df CA^tSeA]) Owner Address: C^L56AD.CA <^z.oii Applicant Name: creK)KJiFe.i2_ KAOFMAO Applicant Address: AoDlicant Phone Number: T - 8^ 3 - DLSO Project Planner: CAR. \1)-03k PROCEDURES 1. Apply for a Business License at one of our cashier stations, and they will route your request to the appropriate City Divisions/Departments. 2. Complete the attached information sheet; and submit a letter and simple plot plan to the Planning Division at 1635 Faraday Avenue, Carisbad. Your letter and plot plan should contain the information specified below under Submittal Requirements. 3. 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. 4. Upon approval, Planning Division 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 and Code Enforcement Division. You may also be required to obtain a permit from the Health Department. p-19 Page 1 of 2 Revised 07/10 FOOD CART/KIOSK INFORMATION SHEET Applicant Name Jennifer Kaufman 760-893-0280 Cart location Carlsbad City Library 1775 Dove Lane Carlsbad, CA 920U Jennifer Kaufman has purchased the existing 100 square foot self-contained mobile food facility previously owned and operated by Cafecito, LLC. located at the Carlsbad City Library. Cafecito's phone number 760-473-1947 There will be no changes made to the current approved business operation. - The cart wil! not be moved from its current approved location. - There will be no changes, alterations or additions made to the current approved cart design or configuration. - The mobile food facility stays at 1775 Dove Lane. - All food, beverage and dry storage items are stored inside the cart at ail times. - The cart contains a refrigeration unit. CURRENT UnLITY HOOKUPS - Electricity is provided at all times. - Fresh water tanks are filled from Dove Library's potable water source approximately 10 feet away. - Waste water tanks are emptied at the bar mop sink inside the Dove Library facility approximately 50 feet away. - Accessible restrooms are available for both employees inside the Dove Library facility approximately 100 feet away during operational hours. MENU Drip Coffee/Iced Coffee Espresso/Lattes/Cappucinos Hot Chocolate Hot/Iced Tea & Chai Blended beverages Bottled beverages Prepackaged pastries & snacks ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN CITY OF CARLSBAD. CAFECITO, LLC. AND JENNIFER KAUFMAN FOR COFFEE CART SERVICES AT DOVE UBRARY THIS ASSIGNMENT AND ASSUMPTION AGREEMENT ("Assignment Agreement") is made and entered into thi9(^_t^_ day of /LUUJLU^ 2013, by and between the CITY OF CARLSBAD, a municipal corporation ("City"). dAFECITO, LLC ("Assignor"), and JENNIFER KAUFMAN, as a sole proprietor, whose address Is P.O. Box 611, Oceanside, CA 92049, ("Assignee"), and is made with reference to the following facts: RECITALS A. On October 4, 2011, the City and Assignor entered into that certain Licensing Agreement, as amended from time to time, regarding use and utilization of space at the City of Carlsbad Library on Dove Lane for a coffee cart business, (the "License Agreement"); and B. On or about July 13, 2013 Belinda Canez and Javier Canez, doing business as Cafecito, LLC sold its coffee cart business at the City of Carlsbad Library on Dove Lane to Jennifer Kaufman, a sole proprietor, contingent upon City approving the assignment of the License Agreement from Cafecito, LLC to Jennifer Kaufman; and C. Section 8.0 Assignment of Contract/Non-Possessory Interest, subsection 8.1 of the License Agreement allows Assignor to assign rights and obligations under the Agreement upon written approval of the City. D. Assignor desires to assign its interest in the License Agreement to Assignee. Further, Assignee desires to accept assignment of Assignor's interest in the License Agreement and City consents to the assignment of the Interest in the License Agreement from Assignor to Assignee. NOW THEREFORE, incorporating the above recitals and in consideration of the covenants and obligations set forth herein, the parties hereto agree as follows: 1 • Assignment. Assignor hereby assigns to Assignee all of Assignor's rights and obligations as set forth in the License Agreement. 2. Assumption. Assignee hereby assumes all of Assignor's rights and obligations as set forth in the License Agreement. 3. Citv Consent. City hereby agrees and consents to the assignment of all of Assignor's rights and obligations as set forth in the License Agreement to Assignee. 4. General Terms and Conditions. The following general tenns and conditions shall apply to this Assignment Agreement. 4.1 Hold Harmless. In addition to the hold harmless provisions contained within the License Agreement, and except as to the sole negligence, or willful misconduct of City, Assignee shall defend, indemnify and hold the City, Its officers and employees, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including attomeys' fees, which arises out of or is In any way connected with this Assignment Agreement, notwithstanding that City may have benefitted from this Assignment Agreement. The hold hannless provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Assignee. The parties expressly agree that this section shall survive the expiration or eariy termination ofthe Assignment Agreement and License Agreement. 4.2. Counterparts. This Assignment Agreement may be executed in counterparts, each of which shall be deemed an original, but alt of which, together, shall constitute one and the same instrument. 4.3. Successors and Assions. It is mutually understood and agreed that this Assignment Agreement shall be binding upon City, Assignor and Assignee and their respective successors. Neither this Assignment Agreement nor any part hereof nor any monies due or to become due hereunder may be assigned by Assignee without the prior consent of City. 4.4. Governing Law. This Assignment Agreement shall be govemed by, interpreted under, and construed and enforced in accordance with, the laws of the State of Califomia. 4.5. Venue. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Assignment Agreement shalt be tried in a court of competent jurisdiction in the County of San Diego, State of Caiifomia, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. 4.6. Notices. Service of any notices, bills, invoices or other documents required or permitted under this Assignment Agreement shall be sufficient if sent by one party to the other by United States mail, postage prepaid and addressed as folloM^: City: City Manager City of Carlsbad 1635 Faraday Avenue Carisbad, CA 92008 Assignor: CAFECITO, LLC 1114 West Street Oceanside, CA 92054 Telephone: 760-473-9029 Assignee: JENNIFER KAUFMAN P.O. Box 611 Oceanside, CA 92049 Telephone: 442-333-8692 4.7. Nondiscrimination. During the term of this Assignment Agreement, the parties shall comply with the state and federal laws regarding non-discrimination. 4.8 Authority. The parties executing this Assignment Agreement on behalf of City, Assignor and Assignee each represent and wan'ant that they have the legal power, right and actual authority to bind the City, Assignor and Assignee, respectively, to the terms and conditions hereof. 4.9 Severability. Each provision, term, condition, covenant, and/or restriction, in whole and in part, in this Assignment Agreement shall be considered severable. In the event any provision, term, condition, covenant, and/or restriction, in whole and in part, in this Assignment Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Assignment Agreement and shall not affect any other provision, term, condition, covenant, and/or restriction, of this Assignment Agreement and the remainder of this Assignment Agreement shall continue in full force and effect. (Remainder of Page lntentk>nafty Left Blank, Signatures FoUow) 4.10 Effective Date. This Assignment Agreement shall be effective upon the date and year first above written. ASSIGNOR: CAFECITO. LLC CITY OF CARLSBAD. a municipal corporation ASSIGNEE: JENNIFER KAUFMAN Bv: ItM^iA 3jENfJrFE r coy ^>^"V*»vc^ fFER KAUFMAf a Sole Proprietorship If required by City, proper notarial acknowledgment of execution by contractor must be ati^h'ed. iLa Corporation. Agreement must be signed by one corporate officer from each of the following two groups: *GrouD A. Chairman, President, or Vice-President **GrouD B. Secretary, Assistant Secretary, CFO or Assistant Treasurer otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVE CELIAA. By:. ORM: ity Attomey sSrlT'CitjrAttomfey CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CmL CODE § 11S9 State of California County of S^-u^Wc/; On Joii^P-tg. before me, ^,- t a\\cf, Pt) o^' Date personally appeared 0^ V\y\\.Pg.v- UaV^ilv^il Name(s) ol Stgnerw Here Insert Name and TlUe Of Ihe < ELISE CARTER f Commission # 1971799 t Notary Public • California i San Diego County g My Comm. Expires Mar 11.2016 L w m w 9 9 m m 9 '9"^ w m\ who proved to me on the basis of satisfactory evidence to be the personj^a) whose name;(^js/affe subscribed to the within instnjment and acknowledged to me that )yb/she/tt)6y executed the same in ryfe/her/tbeir authorized capacity(i<ss), and that by h^^tbeir signature(s) on the instrument the person(8), or the entity upon behalf of which the person(;^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature OPTIONAL signature of rMary Public Though the inlormation below is nol required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ^ Document Date: umtier of Pages: Signer(s) Other Than Named AlK)ve: Capaclty(les) Claimed by Signer(s) Signer's Name: • Corporate Officer — Tltle(s): • Individual n Partner — Q Limited • General • Attomey in Fact • Trustee • Guardian or Conservator • Other: signer's Name: • Corporate Officer - ritle(s): • Individual • Partner — • Limited • General • Attorney In Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing^ Signer Is Representing: <2012 National tj^ty Association • NalionalNotary.org • 1-800-US NOTARY (1 •800-876-6827) Item 05907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Slate of Califomia countvof S^npiet^O } OffS(K\ir^ ViH^f^^^ll,^ (NJQtflrH PU|?I»6 Ners Insert Name and Tla of Die Officer on before me, Date . 1 personal/yappeared i^^iq Can^T , B^LHcl^ '^''I^'^'^.V^''"'^^ I I'AIAUNAVIUAflREAf CommiMion # 1962369 Notary Puttffc.ciwornia San Oitjo Counly -50mm. Exolfti Dec 2. gpisl Place Notery Seal Above Who proved to me on the basis of satisfactory evidence to be the persor@ whose name@)is/are subscribed to the within instrument and acknowledged to me that he,^9he/!tTey executed the same in WftWtheir authorized capacftv^i^ and that by Ws/hBr/Bielr signatui^ on the instrumenfthe persol® or the entity upon oehaif of whloh the persoi© acted, executed the instrument I certify under PENALTY OF PERJURY under the iaws • of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Cj^i^^.^^^) OPTIONAL signature ol Publlo Though the Infyrmatlon be/ow Is not required by law. it may prvve valuable to persona relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document , • Title orType of Document: Ass\gnm£nt .SrteurnptiDn ^^reemcntCitL^ pf CarlsUaci.Cflfec '^^^^'^^""'[^^^^J"^ ^ Document Date: 7 (iS |l3 Number of Pages: -f^U ( Sc ftfiCf i SignerCs) OtherThan Named Above: HQ Other Stjn^f^ - Capacft/(ies) Cfaimed by Sfgner(s> Signer's Name: • indivlduai • Corporate Officer —T!tle(s): • Partner —• Limited • General • Attorney in Fact • Trustee • Guardian or Consen/ator • Other; Signer Is Representing: RlCHnHUMBPHirJT OFSIGNEH TopWthumb/srB Signer's Name; • Individual • Corporate Officer — Tftle(s); • Partner — • Limited • General • Attorney in Fact • Trustee n Guardian or Conservator • Other: Signer Is Representing; 7" OF SlGMt^H heie O2007 tetloTfflll^totary Assodaflon-BasO Da Soto Ave., P.a Box 2402 •Chatsworlh. CA S1313"2402«wivw.Nal'ionalNolary.org Item #5907 RaordefjCainbll-Free 1-800-876.6827