1999-142-Decision To Deny Modification Of A Conditional Use Permit Concerning Outside Seats And Hours Of Operation And A Variance To Increase The Number Of Seats Permitted By Providing Off-Site Parking Of A Property Located In The LM ZoneC ~
RES®I.L1TI01~1 1999 -142
.RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS (JRANTINCp IlV
PART AN APPEAL OF A PLANIVINC~ COMMISSION DECISION TO DENY
MODIFICATION OF A CONDITIONAL USE PERMIT CONCERNING OUTSIDE .SEA`T'S
AND IiOURS OF OPERATION .AND A ~IARIANCE TO INCREASE TI-IE NUMBER OF
SEATS PERMITTED BY PROVIDING OFF-SITE PARKING O.F A PROPERTY LOCATED
ITV THE LM ZONE; AND GRANTING.APPEAL OF DECISION OF THE PLANNING
COMMISSION DENYING CONDITIONAL USE PERMITS FOR ALTERNATIVE USE OF
PARKING FOR CAMPO DI BOCCE ON PROPERTIES ZONED LM AND C-1
PROJECT APPLICATIONS: PRJ-97=059, PRJ-98-248 .AND PRJ-98-249
VARIANCE APPLICATION V-97-003
.PROPERTY LOCATIONS: 565 AND S73 UNIVERSITY AVENUE, AND 5:36 N. SANTA
CRUZ AVENUE
PROPERTYOWNERS.: CAMPO BI BOCCE OF .LOS GATOS, LLC., GREEN VALLEY
DISPOSAL/JOE ZANARDI AND VANCE AND KRISTIE DRISCOLL
APPLICANT: TOM ALBANESE/CAMPO DI BOCCE
APPELLANT: TOM ALBANESE/CAMPO DI BOCCE
WHEREAS:
A. This matter came before the Town Council for public hearing on April 19, 1999,
which hearing was then continued to May 17, 1999, on an appeal by the applicant Toaxa
Albanese/Cameo di Bocce, from a decision of the Planning Commission and was regularly noticed
in conformance with State and Town law.
B. Council received testimony and documentary evidence from the applicant and all
interested persons who wished to testify or submit documents. Council considered all testimony and
materials submitted, including the record of Commission proceedings and the packet of material
contained in the Council Agenda Reports dated Apri114, April 16, May 1 ~ and May 17,1.999, along
with subsequent reports and materials prepared concerning these applications..
C. Project Application PRJ-97-059 seeks modification of the prior conditional use
permitfor the Campo di Bocce project (Conditional Use Permit Application U-95-25) approved by
Council on March 4,1996 ("Project°'), upon granting an appeal of the Commission decision to deny
(Resolution 1996-24), in order to increase the maximum number of seats from seventy (70) to one
hundred twenty (120), to allow a full service restaurant, to increase the hours of operation to close
at 12 A.M. Sundaythrough Wednesday(currently 10 P.M.) and at 1 A.M. Thursday though Saturday
(currently 12 A.M.), and to increase the hours for the service of alcoholic beverages. Variance
Application V-97-003 seeks relief from the requirements of Los Gatos Town Code §29.1O.15S(b)
pequiring that all required parking spaces be provided on site. Project Applications PRJ-9~-24$ and
PRJ-98-249 seek alternating use of existing parking at 573 University Avenue and 536 I~1. Santa
Cruz Avenue in order to provide the applicant thirty (30) additional off-site parking spaces needed
to meet the parking. requirements for the increased number of seats and full service restaurant use.
D. The Project was approved as sports facility with ancillary snack food service with a
maximum of seventy (70) seats, but has since opening. operated as a full service restaurant with one
hundred twenty (120) seats. The Town initiated code enforcement action in March 1997: The
current application was filed in April 1997 and has been in process since that date. Approval of
these applications is necessary to .legalize the current operations of the Project.
E. This appeal of the Commission's decision to deny the applications was filed on
grounds that the Commission erred in :applying Town policies and ordinances regardingo (1) how
granting the requested variance would impact a subsequent restaurant use on the site; (2) the
applicability of the °°alternating uses°` category of the Town Code §29,10.150(e); .and (3) how to
2
interpret the:requirement that there be no conflict between the primary and alternate uses of parking
lots at the leased sites.
G. The Council finds as follows:
(1) Pursuant to Town Code §29.20.300(b)(3), Council reverses in part the
decision of the Commission on grounds that the applications give rise to policy issues concerning
downtown restaurants, on- and off--site parking, alternating parking and the prior approvals of the
Project which the Commission did not have discretion to modify or address. The decision of the
Commission to deny increasedhours of operation and of service of alcoholic beverages was correct.
(2) Pursuant to Town Code §29.20.190 for granting a conditional use permit:
(a) The proposed use is essential or .desirable to the public convenience
or welfare because the Project operating as a bocce ball/full service restaurant with one hundred
twenty .(120) seats will provide the economic support necessary to preserve a unique .and popular
commercial recreation operation located in a historic building in the .downtown area, and also
benefits the larger community by providing facilities for charitable events for community nonprofit
organizations, and also because allowing alternate use parking at 573 University Avenue and 536
1~T. Santa Cruz Avenue will facilitate the above listed benefits of the Project by providing the
necessary additional parking, will enhance the safety and ,general welfare of the surrounding
neighborhood by providing sufficient, well identified and accessible parking adjacent to the project
that would be located off- rather than on-street, and by promoting better traffic circulation by
ensuring sufficient and well located parking.
(b) The proposed uses will not impair the integrity and character of the
community because the uses are consistent with current operations of the Proj ect and the neighboring
3
parkinglots, has not caused substantial problems in the surrounding neighborhood, and has enhanced
the community .providing a unique and popular commercial :recreation operation that provides
facilities for community events benefitting community nonprofit organizations, and provides a
sufficient accessible off-street parking. for the Project.
(c) The is no evidence that the proposed uses would be detrimental to
public health, safety or general welfare; on the contrary, as discussed in these findings, the amended
Project and alternating parking uses are beneficial to the community.
(d) The proposed uses. are in harmony with the various elements or
objectives of the General Plan andthe purposes of Chapter 29 of the Town Code in that the Project,
with the granting of a variance to allow off-site parking, and the alternating use of parking .lots at 573
University Avenue and 536 N. Santa Cruz Avenue, are consistent with the General Plan and Town
Code.
(3) Pursuant to Town Code §29.20.170 for .granting a variance:
(a) The special circumstances applicable to 565 University Avenue
("Property") are that the size, shape, location and surroundings of the Property are unique and
deprive the Property of privileges enj Dyed by other property in the vicinity and under identical zone.
The Property covers 39,396 square feet with a 10,77 square foot historic industrial building that is
nonconforming since it does not meet the front setback requirements and the applicant is restrained
from re-designing the size or shape of the building and/or altering the building's location on the
Property to provide for adequate parking to allow full utilization of the building and adj acent outdoor
.area,
(b) Since the Property has a historic structure located on it, the demolition
or aggressive remodeling of the building would not be allowed and the applicant is limited to
restoring and rehabilitating an existing historic industrial building; therefore, the strict application
of the .ordinance does deprive the applicant of privileges enj oyed by other properties in the vicinity
and under the identical zone. Another property owner without a historic building on his or her
property would be able to alter or demolish the existing building to provide for parking.
{c) The proposed off-site parking is a .functional equivalent to on-site
parking because it is located on private properties which are directly adjacentto the Property and are
accessible only by way of an alley commonly known as Industrial lZoad; therefore, this off-site
parking will not interfere with public traffic and/or street parking and will provide safe and
convenient pedestrian access to the Property.
(d) The granting of the variance would not constitute a grant of special
privileges inconsistent with limitations upon other properties in the vicinity and zone because the
Property, being improved with a historic building, is subj ect to development limitations that do not
affect other properties in the vicinity and zone.
(e) The applicant's request for a variance is consistent with the intent of
the Los Gatos 'Town Code which is to promote a safe, effective traffic circulation system, and to
provide adequate off-street parking.
(f) The :granting of a variance is consistent with IZesolution 96-24,
adopted March 4, 1996, by which Council ,granted the applicant permission to operate a bocce ball
facility and permission to rehabilitate and reconstruct an existing industrial building in the I,M Zone.
Council f®und that a bocce ball facility as a commercial recreation facility was appropriate .and
5
consistent with other conditional uses that may be permitted in the LM Zone under the existing
zoning code; that the zoning amendment was consistent with the General Plan, the Downtown
Specific Plan, the Town of Las Gatos .Redevelopment Agency Plan for the Central Los Gatos
Redevelopment Project and the purposes of the Town Code in that it would allow a use consistent
with the existing zone in its service, commercial and industrial uses; it would permit the restoration
and operation of an existing structure and historic building; and, it would enhance the commercial
vitality of the area while not detracting .from the adjacent neighborhood.
(4) Pursuant to Town Code §29.20.150(e) for alternating use of parking: the
alternating use of existing parking spaces at 573 University Avenue and 536 N. 'Santa Cruz Avenue
to provide the .additional required parking for the combined bocce ball/restaurant facility at 565
University Avenue would not result in the effective provision of fewer off-street parking paces than
.required by section 29.20:.150 of the Town Code because of the following:
(a) A written lease agreement dated February 1, 1999, between the
applicant and Guadalupe Rubbish Disposal Company regarding 573 University Avenue provides that
applicant shall have an exclusive right to use fifteen (1.5) spaces in the lot during the evening hours
for a period of five (5) years with one five (5) year option. A written lease .agreement dated July 1,
1999, between the applicant and Vance and I~ristie Driscoll regarding ..536 N. Santa Cruz Avenue
provides that applicant shall have exclusive use to (15) fifteen spaces in the lot during the evening
hours on a month to month basis.
(b) The alternating use of parking at 573 University Avenue and 536 N.
Santa Cruz Avenue shall only be allowed during the hours of 5:00pmto 10:00pm 1V~onday through
Wednesday, S:OOpm through midnight Thursday and Friday, 10:00am to midnight Saturday .and
6
i
l 0:00am to l O:OOpm Sunday, afterthe normal daytime working hours, and after the hours of normal
use and occupancy of the office facilities located thereon; therefore, there shall be no conflict with
the parking requirements for those office facilities.
(c) Approval of Project Applications P1~J-98-248 AI~TI~ P1~J-98-249
seeking conditional use permits for alternating parking shall be conditioned to assure the facts found
herein.
(5) Pursuant to the Town Traffic Policy regarding public benefits: The Project
assures the continued operation of a unique and popular commercial .recreational operation located
in ahistoric building in the downtown area that provides facilities for community events benef tting
community nonprofit organizations, and provides a sufficient accessible off-street parking for the
Project. In addition, use of existing off-site parking when not otherwise in use maximizes
previously developed land and is beneficial to the environment because it reduces the need to
develop snore paved parking lots.
(6) Pursuant to the Town of L,os Gatos Traffic Impact 1llfitigation Fee ordinance
(Town Code §.15.70.010 et sec,.), Council finds that the combined bocce ball/restaurant use will have
the traffic impact of a full .service .restaurant and a condition shall be added requiring that the
applicant pay the. full mitigation fee for said use calculated and paid iri accordance with Town Code
§§15.70.030 and 15:70;03.
SGL~~Do
1. The appeal of the decision of the Planning Commission on Proj ect Applications P1ZJ-
97-059, P1ZJ-98-.248 and PiZJ-98-.249, .and on Variance Application V-97-003 is therefore .granted
7
in part, excluding the request .for .increased hours of operation .and service of alcoholic beverages,
the denial of which is hereby upheld,
2. The following additional conditions of approval shall be added to the conditions of
approval of the use permit, a revised and complete copy of which is attached hereto as Exhibit A and
incorporated herein:
(a) That in order to operate a bocce ball/restaurant facility with one hundred
twenty (120) seats during the hours of 5 p.m. to 10 p.m. Monday through Wednesday and from 5
p.m. to midnight Thursday and Friday, all day until closing on Saturday and Sunday, the applicant
.must at all times be a party to valid and fully enforceable lease agreements, each allowing exclusive
use of fifteen (15) parking spaces. during the hours of S:OOpm to 1O:OOpm Monday through
Wednesday, S:OOpm through midnight Thursday and Friday, 10:00am to midnight Saturday and
1D:OOam to 10:OOpm Sunday at 573 University Avenue and 536 N. Santa Cruz Avenue.
(b) Applicant sha111odge copies of each lease agreement with the Town Planning
Department, and shall lodge copies of subsequently revised, .amended, extended or otherwise
modified lease agreements, including copies of any correspondence exercising options, terminating
or canceling the leases, within five (5) working days after the agreements are signed by the parties
or the correspondence is mailed.
(c) Fifteen (15) parking spaces in each lot shall be prorr~inently :marked as
°°reserved for patrons of Campo di Bocce during the hours of S:OOpm to 1 O:OOpm Monday through
Wednesday, S:OOpm through midnight Thursday and Friday, 1O:OOam to midnight Saturday and
1O:OOam to 1O:OOpm Sunday.°°
(d) During peak times on Friday and Saturday evenings from 7;00 p.m, to 10°30
p.m., the applicant shall make a parking attendant available who shall direct customers to one of two
adjoining approved off-site parking lots. Also, parking diagrams shall be handed out by the parking
attendants giving patrons clear directions to the adjoining approved off-site parking lots.
(e) That the restaurant shall only be operated in conjunction with a bocce ball
operation providing at all times a minimum of five (5) bocce ball courts, and may not be operated
independent of a bocce ball operation without obtaining a new variance allowing off-site parking for
a restaurant use only,. and a modification of the existing conditional use permit allowing the
operation of a full service restaurant independent of a bocce ball operation.
(f) The maximum number of indoor seats and/or outdoor seats permitted IVlonday
through Friday from 10 a.m. to 5 p.m. is 70. The maximum number ofindoorand/or outdoor seats
Monday through Friday from 5 p.m. to closing and during the Saturday and Sunday business hours
is one hundred twenty (120), provided both leases forthe alternate use of parking at 573 University
Avenue or 536 N. Santa Cruz Avenue are in effect. If either of the leases for alternate site parking
are terminated, canceled or are not extended, the maximum number of seats permitted is seventy (70)
if both .leases are canceled, or .ninety-five (95) if only one lease is canceled. These seats shall be
available for patrons of the food service or waiting to play bocce.
(g) ~lVeekday daytime seating may be .increased to a maximum of one hundred
twenty (120) only to accommodate bused in groups. This authorization shall be reviewed by the
Town Council after six (6) months from the date of approval of Project Application 1'1ZJ-97-059.
In .conducting the review, Council shall have the discretion to revoke or modify this authorization
based upon Town standards for approval of a conditional use permit in the first instance pursuant
9
to 'Town Code §29.20.190. Such review shall not reopen any other provisionof the Conditional Ilse
Permit. Revocation or modification of any other conditions of approval of the Conditional LJse
Permit shall be governed by Town standards for same pursuant to Town Code §§29.20.310 and
29.20.315, All bused in groups shall be located in the following areas to clearly separate banquet
type dining (maximum of 50 seats) from regular lunch dining (maximum of 70 seats):
Area One; Between courts 6 and 7 indoors toward the rear of the building behind wood
lattice dividers, for large indoor groups requiring 20 to 50 seats.
Area Two: Outdoors under the dining trellis between wood lattice dividers toward the
westerly side of the patio, :for large outdoor groups requiring 20 to 50 seats.
Area Threee In the private indoor dining room located east of the bar, for small indoor
.groups .requiring 10 to 1 ~ seats.
.Area Four: In the private outdoor dining area adjacent to the entry, for small outdoor
groups requiring between 10 to 18 seats.
A bus manifest for every bus carrying a group seated pursuant to this condition shall be located at
the front desk with an employee. of the property owner or operator and shall be available for review
on demand by Town.
(h) A traffic impact mitigation fee of $13.,410..00 shall be paid to the Town within
sixty (60) days of adoption of this resolution.
3. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094:6 as adopted by section 1.10.085 of the Town C®de of the. Town of Los
Gatos. Any application for judicial relief from this decision must be sought within the time limits
10
and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such
shorter tirrie as required by state or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on~the 8`" day of September, 1999 by the following vote.
COi.J1~1CIL MEMBERS:
AYES: Steven Blanton, Linda Lubeck, Joe Pirzynski,
Mayor Jan IIutchins
1\TAYS: I~1one
ABSEr~T: Tandy Attaway
ABSTAII+T: 1~1one
'®S
ATTEST:
CLERK OF TIIE TOWhI ~JF L ~.- GATOS
L~S ~JAT®S9 CAa,~I"~~.RI~IIA
11
I
CONDITIONS OF APPROVAL
565 .University Avenue
a. Project Application PRJ-97-059
b. Variance Application V-97-003
Requesting .approval to modify an existing use permit concerning the number of inside and
outside seats and the'hours of operation .and .approval of a Variance to increase the number of
seats permitted by providing off-site parking for.property located in the LM zone.
PROPERTY OWNER: Campo di Bocce of Los Gatos, LLC.
TO THE SATISFACTION OF THE PLANNING DIRECTOR
(Planning Section)
1. HOURS. Maximum hours of operation shall be 10 am to 10 pm Sunday through Wednesday and
from 10 am to midnight Thursday through Saturday.
2. HOURS OF ALCOHOLIC BEVERAGES. The service of alcoholic beverages shall not be
permitted after 70 pm Sunday through Thursday, except for holidays and evenings before
holidays, and shall not be permitted after 11 pm Fridays .and Saturdays.
3. SEATS. The .maximum number of indoor seats and/or outdoor seats .permitted Monday through
Friday from 10 am to 5 pm is 70. The maximum number of indoor and/or outdoor seats Monday
through .Friday from 5 prn to closing .and during the Saturday and Sunday business hours is one
hundred twenty (120) provided both leases for the alternate use of parking at 573 University
Avenue or 536 N. Santa Cruz Avenue are'in effect. if either of the leases for alternate site parking
are terminated, canceled or are not extended, the maximum number of seats permitted is seventy
{70) if both leases are canceled, or ninety-five (95) if only one lease is canceled. These seats
shall be available for patrons of the food service or waiting to play bocce.
4. SERVICE OF ALCOHOLIC BEVERAGES. Alcoholic beverages may only be served with meals
and is permitted for inside and outside seating. A.meal is defined as a combination of food items
selected from a menu (breakfast, brunch, .lunch or dinner). Appetizers such as popcorn, nachos.,
,pretzels, potato skins, relish trays.,. eta. (hot or cold) are not meals.
5. LITTER. The tenant shall monitor the outside seating area and dispose anylitter which is in the
viciriity.
6. SIGNS. Large illuminated signs, meetingall Town Code requirements, shall be installed in
strategic locations to ensure that motorists are aware of the alternate parking sites. Signs,
meeting Town Code shall also be placed at the entrance to both off-site parking lots that assure
patrons that is acceptable to park in these lots during certain hours.
7. MARKING ALTERNATE PARKING SPACES. Fifteen (15) parking spaces in each lot shall be
prominently marked as "reserved for patrons of Campo di Bocce during the hours of 5:00 pm to
10:00 pm Monday through Wednesday, 5:00 pm through .midnight Thursday and Friday., 10.:00
am to midnight Saturday and 10:00 am to 10:00 pm Sunday."
8. DIRECTIONS TO MOTORISTS.. During peak times on Friday and Saturday evenings from 7:00
pm to 10:30 pm, the applicant shall make a parking attendant available who shall direct customers
to one of two adjoining approved off-site parking .lots. Also, parking diagrams shall be handed out
by the parking attendants giving patrons clear directions to the adjoining approved off-site parking
lots.
9. LIGHTING. The applicant shall provide additional lighting. in the parking lots of the alternate
parking site within 90 days of approval of this permit. This .lighting shall meet all Town
requirements and the required permits from the Building Department must be obtained.
10. .LEASE AGREEMENTS. That in order to operate a bocce ball/restaurant facility with one hundred
twenty (720) seats during the hours of 5 pm to 10 pm Monday through Wednesday and from 5 pm
to midnight Thursday and Friday, .all day until closing on Saturday and Sunday, the applicant must
Page 1 of 3
EXHIBIT p
at all tmes'be a party to valid and fully enforceable leaseagreements, each allowing exclusive
use of fifteen (15) parking spaces during the .hours of 5:00 pm to 10:00 pm Monday through
Wednesday, 5:OO pm through midnight Thursday and Friday, 10:00-am to midnight Saturday and
10:00 am to 10:00 pm Sunday at 573 University Avenue and 536 N. Santa. Cruz Avenue.
11. COPIES OF LEASES. Applicant shall lodge copies of each lease agreement with the Town
Planning Department, and shall lodge copies of subsequently revised, amended, extended or
otherwise modified lease agreements, including copies of any correspondence exercising options,
terminating or canceling the Jeases, within five (5) working days after the agreements are signed
by the parties or the correspondence is mailed.
12. APPROVED USE. That the restaurant shalt only be operated in conjunction with a bocce ball
operation providing at all times a minimum of five {5) bocce ball courts, and may not be operated
independent of a bocce ball operation without obtaining a new variance allowing off-site parking
fora restaurant use only, and a modification of the existing conditional use permit allowing the
operation of a full service restaurant independent of a bocce ball operation.
13. TRAFFIC MITIGATION FEE. Atraffie impact mitigation fee of $13.,410:00 shall be paid to the
Town within sixty (60) days of adoption of the Town Council resolution approving this modification
of the conditional use .permit.
TO THE SATISFACTION OF THE POLICE CHIEF
14. GENERAL. The restaurant is subjectto the following:
a. Uniformed privately,provided security guards may be required 'in oraround the premises
by the Chief of Police if alcohol related ..,problems recur that are not resolved by the
licensed owner.
'b. At the discretion of the Chief of Police, periodic meetings will be conducted with
representatives from the Police Department for on-.going employee training on alcoholic
beverage service to he general public.
c. All establishments shall use an employee training manual that addresses alcoholic
beverage service consistent with the standards of the California Restaurant Association.
d. All licensed operators shall have and shall actively promote a designated driver program
such as complimentary non-alcoholic beverages fior designated drivers.
e. Taxicab telephone numbers shall be posted in a visible'location.
f. Alcoholic beverage service in the outdoor seating area shall have adequate separation
from public areas.
g. A physical delineation in the form of landscaping or planters is required to separate public
.and private property. The height of the separation shall be a minimum of three feet.. Thee
separation shall be designed to prevent passing or carrying alcoholic beverages outside
the restaurant seating area. The separation shall clearly suggest that alcohol is not
permitted outside the restaurant seating area.
h. A restaurant employee shall seat patrons in the outside dining area.
TO THE SATISFACTION OF CENTRAL FIRE PROTECTION DISTRICT .
15. The snack bar shall be provided with an automatic fire extinguishing system for the cooking
appliances as may be required. Approved portable fire extinguishers shall also be provided.
16. An approved manual and automatic fire alarm with an approved voice notification system may be
required depending on the seating count.
Page 2 of 3
r"
CONDITIONS OF APPROVAL
573 University Avenue and 536 N. Santa Cruz Avenue
Project Application PRJ-98-248 and PRJ-98-249
Requesting approval of use permits allowing alternate use parking during evening hours for
property located in the LM and C-1 zone.
PROPERTY OWNERS: Joe Zariardi and Vance and Kristie Driscoll
TO THE SATISFACTION OF THE PLANNING DIRECTOR
(Planning Section)
1. TIMES. Alternative parking only allowed from 5:00 pm to 10.:00 pm Monday through Wednesday, `
5:00 pm through midnight Thursday and Friday, 10.:00 am to midnight Saturday and 10:00 am to
10:00 pm Sunday.
2. SIGNS. Large illuminated signs, meeting all Town Code requirements, shall be installed in
strategic locations to ensure that motorists are aware of the alternate parking sites. Signs,
meeting Town Code shall also be placed at the entrance to both off-site parking lots that assure
patrons that is acceptable to parkin these lots during certain hours,
3. MARKING ALTERNATE PARKING SPACES. Fifteen (15) parking spaces in each lot shall be
.prominently marked as "reserved for patrons of Campo di Bocce during: the hours of 5:00 pm to
10:00 pm Monday through Wednesday, 5:00 pm through midnight Thursday and Friday, 10;00
am to midnight Saturday and 10:00 am to 10:00 pm Sunday."
4. LIGHTING. The applicant shall provide additional lighting in the parking lots of the alternate
parking site within 90 days of approval of this permit. This lighting shall meet all Town
requirements and the required permits from the Building Department must be obtained.
5. LEASES. The Town Plamning Department shall receive copies of any revised, amended,
extended or otherwise modified lease agreements concerning the. alternating use of parking,
including copies of any correspondence exercising options, terminating or canceling the leases,
within five (5) working days after the agreements are signed by the parties or the .correspondence
is mailed.
N:WTY~B000E.CON
Page 3 of 3