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26. Jackie Streeter Coffee Society 5-year leaseCUPERTINO DEPARTMENT OF PUBLIC WORKS SUMMARY AGENDA ITEM -� (O AGENDA DATE May 18, 2010 SUBJECT AND ISSUE Authorize the City Manager to execute a new five -year lease with Jackie Streeter, the owner of the Coffee Society at the Civic Center, with the terms approved by the City Council during negotiation. BACKGROUND On March 15, 2004, Council adopted Resolution 04 -283 approving the selection of Coffee Society, owned by Ralph Flynn, as the designated operator of the Cupertino Library Cafe and authorized the City Manger to negotiate and execute a five year lease with an optional five year extended term. The provision for the extended term required the owner /operator to notify the City six months in advance of lease expiration of their desire to extend. On October 30, 2004, the Coffee Society under management by Ralph Flynn began operations and initiated a five year lease. On November 15, 2005, Council authorized the City Manager to negotiate and execute the assignment of the lease from Ralph Flynn to Jackie Streeter, Bill Streeter, and Dan St. Peter with no change in the terms of the lease executed with Ralph Flynn. On October 19 2009, Jackie Streeter informed the City that she wished to extend the lease but with modified terms that reflected the economic downturn. On October 30, 2009, the five year lease expired along with the option to extend the lease for an additional five year term. ANALYSIS Following the expiration of the lease, City staff began working with the Coffee Society to develop terms for a new five year lease. Those new terms and conditions have been incorporated into a new lease and formally agreed to by the Coffee Society. 26-1 Additionally, the Tenant has agreed to personally operate the business as the Coffee Society for one full year from the date of executing the lease before selling or closing the business. FISCAL IMPACT To be determined at the conclusion of the negotiation. STAFF RECOMMENDATION Staff recommends that Council authorize the City Manager to execute a new Five Year Lease with Jackie Streeter, owner of the Coffee Society at the Civic Center. Submitted by: Ll Lt u C pl Ralph A. Qualls, Jr. Director of Public Works Approved for submission to the City Council: Da id W. Knapp City Manager 2s -2