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File #: 20-2554    Version: 1 Name: Settlement Agreement
Type: Resolution Status: Passed
File created: 4/29/2020 In control: Town Council
On agenda: 5/5/2020 Final action: 5/5/2020
Title: Consider Adoption of Resolution Number 20-3987 Approving a Settlement Agreement and Parking Lease with Restoration Hardware.
Attachments: 1. Resolution, 2. Settlement Agreement, 3. Parking Lease Agreement, 4. Parking Lease Exhibit A - Property Description
Yountville Town Council Staff Report


DATE: May 5, 2020

TO: Mayor and Town Council

FROM: Steven R. Rogers, Town Manager

TITLE
title
Consider Adoption of Resolution Number 20-3987 Approving a Settlement Agreement and Parking Lease with Restoration Hardware.
Body

DISCUSSION/BACKGROUND
On January 13, 2020, the Town issued Restoration Hardware ("RH") a Notice of Violation/Abatement Order and Imposition of Administrative Penalty for violations of the municipal code (the "Notice of Violation"). A copy of the Notice of Violation is available for public inspection from the Town Clerk. Following issuance of the Notice of Violation, RH entered into discussions with the Town regarding how to cure the municipal code violations identified in the Notice of Violation which resulted in two proposed agreements:

1. A Settlement Agreement and Release which requires RH to pay the Town $75,000 in four equal quarterly payments of $18,750; requires compliance with an Employee Parking Management Plan meeting the requirements of the Yountville Municipal Code and the land use approvals for the site; and requires consideration of an amendment to the Master Use Permit increasing the number of seats by eight upon approval of the amendment and an additional eight upon completion of the construction of parking spaces under the Parking Lease, discussed below.

2. A Parking Lease which requires RH to construct 23 parking spaces for use by RH employees and 21 parking spaces for use by the public, adjacent to Washington Street between the intersections of Washington Street and Lincoln Avenue and Washington Street and Jackson Street, and leases the real property, owned by the Town, to RH for an initial term of 15 years; requires RH to pay Town $33,493 no later than January 1, 2021 and $66,986 no later than January 1, 2021 and on each January 1 thereafter for the duration of the lease; adjusts the annual payment on January 1, 2021 and each subsequent January 1 thereafter for the duration o...

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