Legislation Details

File #: 25-646    Version: 1
Type: Amendment Status: Passed
File created: 2/24/2025 In control: City Council
On agenda: 3/26/2025 Final action: 3/26/2025
Title: Staff recommends that the City Council approve Amendment 3 to the Percentage Lease Agreement with Seaside Restaurant Group, Inc., dba The Tin Fish Restaurant, for the leased premises at 302 North The Strand, extending the term of the agreement from June 1, 2025 to May 31, 2027, for a two-year minimum total revenue of $127,034; and authorize the City Manager to execute the amendment.
Attachments: 1. Staff Report, 2. Amendment 3, 3. Rent Adjustment Calculation
DATE: March 26, 2025

TO: Honorable Mayor and City Councilmembers

FROM: Public Works Department

TITLE: AMENDMENT 3 TO THE PERCENTAGE LEASE AGREEMENT WITH SEASIDE RESTAURANT GROUP, INC., DBA THE TIN FISH RESTAURANT

RECOMMENDATION
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Staff recommends that the City Council approve Amendment 3 to the Percentage Lease Agreement with Seaside Restaurant Group, Inc., dba The Tin Fish Restaurant, for the leased premises at 302 North The Strand, extending the term of the agreement from June 1, 2025 to May 31, 2027, for a two-year minimum total revenue of $127,034; and authorize the City Manager to execute the amendment.
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BACKGROUND AND ANALYSIS

On May 16, 2012, the City entered into a Percentage Lease Agreement with Mr. Chil Nae No (Agreement) to operate a food concession at 302 North The Strand.

The City Council approved Amendment 1 on May 18, 2022 and Amendment 2 on April 10, 2024, extending the term through May 31, 2024. On February 13, 2025, Seaside Restaurant Group, Inc. (Lessee) was assigned to the Agreement.

Lessee desires to provide ongoing concession services, but due to the pending Pier Bridge Reconstruction Project and anticipated construction, the Lessee has requested an extension of the Agreement for an additional two years at the City's calculated property lease payment rate, including a one-year extension option.

The monthly rent shall remain the minimum rent or the percentage rent of six percent of gross sales, whichever is higher. The minimum rent is increased annually by four percent. The current monthly minimum rent is $4,990, which shall be increased to $5,189 on June 1, 2025. The pending construction is estimated to begin within three (3) years. Lessee will be required to vacate premises during such time; however, the Agreement provides that Lessee will take back possession of the newly constructed space when cleared for occupancy. At such time, staff will bring another amendment to extend the lease term and define leased space and...

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