Loading...
HomeMy WebLinkAbout2021-01-21; Shorehouse Kitchen Notice of Violation Letter; Jackson, Curtis MTo the members of the: CITY COUNCIL Date 1 /2.1 /u CA ✓ cc V CM / ACM V DCM (3) ✓ -- Jan. 21, 2021 To: From: Via: Re: Council Memorandum Honorable Mayor Hall and Members of the City Council Curtis M. Jackson, Real Estate Manager C;) Geoff Patnoe, Assistant City Manager l2L" Shorehouse Kitchen Notice of Violation Letter {cityof Carlsbad Memo ID #2021018 The purpose of this memorandum is to provide notice to City Council regarding Shorehouse Kitchen's Notice of Violation letter pursuant to their violation of the San Diego County COVID-19 Health Order. Background Shorehouse Kitchen is a city tenant who operates a restaurant located at 2833 State Street. Between Jan. 1, 2021 and Jan. 12, 2021, Shor~house Kitchen allowed dining on their premises in both the interior and exterior seating areas in violation of the San Diego County COVID-19 Health Order, which was a violation of the terms of their lease agreement. Discussion On Jan. 13, 2021, city staff informally notified Shorehouse Kitchen they were in violation of both the San Diego County Health Order and their lease agreement after members of the public provided staff with evidence of dining on the premises. Shorehouse Kitchen ceased dining on the premises immediately thereafter. On Jan. 20, 2021, the city formally notified Shorehouse Kitchen via letter (attached) of their violation of the San Diego County Health Order and lease agreement to ensure compliance with both. Next steps City staff will continue to monitor Shorehouse Kitchen to ensure compliance with the lease agreement. Attachment: A. Shorehouse Kitchen Notice of Violation Letter dated Jan. 20, 2021 cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Community Services Branch Real Estate Department 3096 Harding Street I Carlsbad, CA 92008 I 760-434-2836 t January 20, 2021 Mr. John Feis Shorehouse Kitchen, LLC 249 South Highway 101, Suite 514 Solana Beach, CA 92075 Dear Mr. Freis: Attachment A ( City of Carlsbad This letter is to notify you that the City of Carlsbad ("Landlord") is aware that between Jan. 1, 2021 and Jan. 12, 2021. Shorehouse Kitchen, LLC ("Tenant") allowed in-person dining services at the Tenant's leasehold interest located at 2833 State Street, Carlsbad, CA 92008 ("Premises"). Pursuant to the Order of the California Public Health Officer issued on Aug. 28, 2020, and as incorporated by the Health Officer Order and Emergency Regulations (collectively "Health Orders") in effect throughout San Diego County, restaurants, wineries, and bars may operate in compliance with applicable "Industry Guidance." COVID-19 Industry Guidance states that restaurants, wineries, and bars may not operate indoors based on the County's current Tier 1 status. In addition, the County of San Diego is currently subject to the State of California's Regional Stay at Home Order, which prohibits dine-in operations at Restaurants, Wineries, and Bars. In short, you are currently limited to take-out and delivery service only, with no on-site dining or drinking of any kind allowed. Section 10.3 "Compliance with Laws; Nuisance" of the lease agreement between the City and Tenant states that the "Tenant shall, at its sole expense and at all times, comply fully with (i) all federal, state and municipal laws ... "and " ... shall not occupy, suffer or permit the Premises or any part thereof to be used for any illegal, immoral or dangerous purpose, or in any other way contrary to the law or the rules or regulations of any public authority." As such, Tenant has violated the Health Orders by allowing patrons and/or persons to dine-in on the Premises and is therefore is in breach of Section 10.3 of the Agreement. Section 17.l(c} "Events of Default" of the Agreement states that "[t]enant's failure to comply with any provision of this Lease relating to the Permitted Use, where such failure continues for ten {10} days after written notice of such failure from Landlord" shall constitute a default and material breach under the Lease Agreement. Community Services Department . Real Estate 3096 Harding Street I Carlsbad, CA 92008 I 760-434-2836 t Mr./Ms. Freis Jan. 13, 2021 Page 2 As such, failure by Shorehouse Kitchen to cease and desist serving patrons for dine-in on-site service at any and all locations on the Premises within ten (10} days of this Notice shall be deemed a default and material breach of the Lease Agreement. The City appreciates the impact these restrictions have on your business. However, as the responsible party for your facility, it is your duty to ensure that the terms of the Agreement are complied with. If you do not comply, the City will take actions necessary to enforce the terms of the Agreement. Sincerely, Curtis M. Jackson Real Estate Manager Attachment (photographs) cc: Scott Chadwick, City Manager Geoff Patnoe, Assistant City Manager Celia Brewer, City Attorney Gary Barberio, Deputy City Manager Mr./Ms. Freis Jan. 13, 2021 Page 3 i ' I I I Attachment