Res 1986-030 - Laserfiche WebLink

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15 AGREEMENT The City of San Marcos, pursuant to authority granted it in Article 35(H)(5) of the Code of Ordinances of said City, conditioned its approval of a Specific Use Permit to B.R.Y.M., Inc. (BRYM), to operate a bar known as "Footloose" located at the intersection of San Antonio and Guadalupe Streets in said City upon BRTI1 posting a $1,000 cash bond with the Chamber of Commerce to cover approved claims for property damage arising from the operation of said bar. BRYM accepted such condition. The Chamber of Commerce has declined to accept such bond or establish the procedure for accepting and approving claim thereunder. Therefore, an alternative mechanism for implementing the bond/claim provision is needed. BRYM and the City of San Marcos agree to the following alternative procedure: (1) BRYM shall deposit $1,000 with the City as a bond to cover claims approved as hereafter provided: (2) Any complainant whose complaint results in points being assessed against BRYM under Article 35(H)(3)(b) of said Code of Ordinances may, within thirty (30) days after such points are assessed, submit to the Zoning Commission a request for payment of property damages incurred in connection with the event for which points were assessed. (3) The City staff shall investigate both the amount of damage claimed and the causative relationship to the event for which points were assessed. (4) A copy of the investigation report and staff recommendation shall be sent by certified mail, return receipt requested to both BRYM and the complainant at least ten (10) business days before the matter is placed on the Zoning Commission agenda for action. This shall be completed upon mailing whether either BRYM or the complainant accepts such copy. (5) Based on the staff investigation report, the Zoning Commission shall act on the request for reimbursement of damages, after BRYM and the complainant have had an opportunity to present their position to the Commission in open meeting. (6) BRYM shall restore the bond balance of $1,000 within thirty (30) days after any payment thereon has been made and notice thereby sent by certified mail, return receipt requested, to BRYM or its designated agent whether or not BRYM or its designated agent accepts such notice. This Agreement is effective for any claim arising after the date of execution. Witness our hands this 9th day of May, 1986. CITY OF SAN MARCOS (~ \ ;. ~, . iJ.¡ B. ~::\-..f~..o:;.';",~......,.....~, y. ( -~;') " J. RI. Yourtger 5-9-86 Mayor B.R.Y.M. , By: