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HomeMy WebLinkAboutContracts & Agreements_177-2016 License Agreement By and Between The City of Redlands and Kadir Fakir and Kamrun Parveen This License Agreement("Agreement") is made and entered this 611'day of September 2016 ("Effective Date"), by and between the City of Redlands,a municipal corporation("City"),and Kadu Fakir and Kamrun Parveen("Tenant"),owners and operators of a restaurant located at 5 East Citrus Avenue City and Tenant are sometimes individually referred to herein as a"Party"and,together, as the "Parties" RECITALS WHEREAS,Tenant is the owner and operator of the restaurant facility located within the City of Redlands at 5 East Citrus Avenue, and WHEREAS,Tenant desires to provide the public with an outdoor dining venue within the City's Orange Street Alley Park("Park"),and WHEREAS, City and Tenant desire to cooperate to further the above-stated purpose in a way compatible with the public interest, NOW,THEREFORE, in consideration of the mutual promises contained herein,the City and Tenant agree as follows AGREEMENT Section 1 Premises City hereby grants to Tenant a license to provide outdoor dining services within City's Park in connection with Tenant's operation of the restaurant facility located adjacent to the Park The outdoor dining area subject to this license consists of 504 square feet(the"Premises")and is more particularly described in Exhibit"A,"which is attached hereto and incorporated herein by this reference Section 2 Term/Holdovei Rent The term of this Agreement shall commence on September 6`i', 2016,and be for a period of three(3)years unless earlier terminated as provided for herein Eithei Party may terminate this Agreement by providing written notice of such termination to othei Party,thirty(30) days prior to the proposed termination date If Tenant remains in possession of the Premises aftei expiration or earlier termination of this Agreement without City's written consent,Tenant's continued occupancy of the Premises shall be on the basis of a tenancy at sufferance and Tenant shall pay as monthly rent during the holdover period the sum of one thousand dollars($1,000)per month Section 3 Rent Tenant shall pay to City rent in the sum of eight hundred and thirty-six dollars and sixty-four cents($836 64)per month for use and occupancy of the Premises The initial and final monthly rent payment,and payment of a security deposit in the amount of one thousand dollars ($1,000 00),shall be made to City prior to November 1, 2016 All subsequent monthly rent payments shall be made prior to the tenth day of each month for which rent is then due All payments are to be 1 11ca1djmlAgrecments\Lieense Agreement for Outdoor Dining Services Cheesewalla 9 6.docx r made payable to the City of Redlands, Finance Department/Revenue Division, P O Box 3005, Redlands California, 92373 A late fee of fifty dollars($50)shall be added and due for any payment of rent made after the tenth of the month Any dishonored check shall be considered as unpaid rent Section 4 Securitv DeDosit The security deposit shall be retained by City secure compliance with the terms and conditions of this Agreement and shall be refunded to Tenant within thirty(30)days after the Premises have been vacated by Tenant, less any amounts necessary to pay City for, (i)cleaning costs, (ii)cost for repair of damages to the Premises above ordinary weai and tear,and(iii)any other amount legally allowable under the terms of this Agreement A written accounting of said charges shall be presented to Tenant within ten(10) days of the Premises being vacated if the security deposit does not cover such costs and damages,Tenant shall immediately pay said additional costs fol damages to City Section 5 Use of Premises A The Premises shall be used by Tenant solely for the purpose of outdoor dining associated with Tenant's operation of the restaurant facility at 5 East Citrus Avenue B The Premises shall be occupied within thirty(30)days of the issuance of the Final Occupancy Permit by the City C The Premises shall include a two foot easement,as illustrated in Exhibit A,for the purpose of a collectively required four foot pedestrian pathway that must be maintained within the Park, as illustrated in Exhibit"A" D During the term of this Agreement,Tenant shall comply with any other license related to the operation of the restaurant facility and outdoor dining services, and all applicable state and local laws, and all applicable rules and regulations established by City including,but not limited to, City's Municipal Code provisions governing parks E During the term of this Agreement,City shall retain the right to close the Premises for itself and at the discretion of any third party bookings for up to three(3)events pei calendar yeai, with ninety(90)days prior written notice given to Tenant of each such event F The hours of operation for the Premises shall be limited to 11 00 a in to 2 00 a in, Monday through Sunday G Live music may be provided within the Premises, during operating hours only Live music shall be performed in a manner not to disrupt or cause nuisance to adjoining businesses of the public H Tenant shall ensure that all customers have vacated the Premises upon closure of the restaurant facility at 2 00 a in Tenant shall also be responsible for the securing and vacating of the adjacent Park facility I There shall be one sign displayed within the Premises winch identifies Tenants restaurant J The Premises shall not result in adverse effects to the health, welfare,peace or safety of persons visiting,residing,working, or conducting business in the surrounding area 2 11caWp AAgreententsTicense Agreement for Outdoor Dining Services Cheesecvalla 9 S.dacx r, r r� K The Premises shall not jeopardize or endanger the public health or safety of person visiting, residing, working, or conducting business in the surrounding area L The Premises shall not result in repeated nuisance activities within the Premises or in close proximity of the Premises, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness,drinking in public,harassment of passersby, gambling,prostitution,sale of stolen goods,public urination,theft,assaults, batteries,acts of vandalism, littering,loitering, graffiti, illegal parking,excessive loud noises, especially in the late night or early morning hours,traffic violations,curfew violations, lewd conduct, or police detentions and arrests M That the Premises upkeep and operating characteristics are compatible with, and will not adversely affect,the livability or appropriate development of abutting properties and the surrounding neighborhood Section 6 Alterations and Repairs Tenant accepts the Premises in its"as-is"condition as of the Effective Date of this Agreement,without any warranty, express or implied Section 7 Maintenance of Premises Tenant shall,at his own cost,maintain the Premises in good order and repair City shall also have the right to enter the Premises, at reasonable times,for inspection and maintenance purposes Should an inspection disclose the need for maintenance or repairs, City shall provide Tenant with written notice of the items requiring repair or maintenance If action is not taken on such items by Tenant within fifteen(15)days from the provision of such notice, City may enter the Premises and take whatever action is necessary to perform such maintenance or repairs at Tenant's expense Section 8 Improvements Tenant shall not make any improvements to the Premises without the prior written consent of City except,that after making reasonable attempts to contact City for its approval, Tenant may undertake minor maintenance and repairs to the Premises which Tenant determines are immediately necessary to protect against injury to persons or property Within three(3)days of performing any minor maintenance or repairs not verbally approved by City, Tenant shall provide written notification to City of the same All proposals for improvements shall be submitted in writing to City for its consideration and prior approval City shall approve or disapprove such proposals within twenty(20) days of their submission Tenant shall have the right to remove all improvements made by him to the Premises provided such removal results in no damage to the Premises Improvements not removed by Tenant shall, on expiration or earlier termination of this Agreement,remain on the Premises and become the property of City Section 9 indemnity Tenant shall defend, indemnify and hold harmless City, and its elected officials, officers,employees and agents from and against any and all claims,causes of action,damages and liability resulting from Tenant's negligent acts or omissions,and willful misconduct of Tenant, and his agents,employees and invitees during Tenant's occupation and use of the Premises during the term of this Agreement This section shall survive any termination of this Agreement Section 10 Public Liabilitv and Pronertv Damage Insurance Tenant shall maintain at his own cost for the term of this Agreement,public liability insurance in the amount of One Million Dollars ($1,000,000)per occurrence and Two Million Dollars($2,000,000)in the aggregate,issued by an insurance company acceptable to City Tenant shall provide Licensor with a certificate of insurance and endorsements showing City as an additional insured on the policy prior to Tenant's use and occupancy of the Premises Such insurance shall be primary with respect to City and non-contributory to any insurance or self-insurance maintained by City The policy shall require that before amending or canceling the policy,the issuing insurance company shall give City at least thirty(30)days prior written notice City 3 LkaldjinlAgreementslLicense Agreement for Outdoor Dining Services Cheesewalla 9.6.docx and Tenant acknowledge and agree that the insurance required of Tenant is subject to annual review by City and subject to increases in the amount and scope of coverage,as reasonably determined by City Section 1 I Assumment Prohibited Tenant shall not encumber, assign, sublease of otherwise transfer this Agreement, or any right of interest therein,without the prior written consent of City Any such encumbrance,assignment,sublease or transfer without such prior consent and approval of City shall constitute a breach of this Agreement and may,at the sole discretion of City, result in the immediate termination of this Agreement Section 12 Attornevs' Fees In the event any action is commenced to enforce of interpret the terms or conditions of this Agreement,the prevailing Party shall, in addition to any costs and othei relief, be entitled to the recovery of its reasonable attorneys' fees,including fees for use of un-house counsel by a Party Section 13 Notices Any notice or other communication required,or which may be given, pursuant to this Agreement,shall be in writing Any such notice shall be deemed delivered(i)on the day of delivery in person, (ii)five(5)days after deposit in first class registered mail,with return receipt requested, (iii)on the actual delivery date if deposited with an overnight courier,or(iv)on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class,certified, registered or express snail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such othei address as a party may provide notice of in accordance with this section CITY TENANT Quality of Life Kadir Fakir and Kamrun Parveen, owners Chris Boatman, Director 5 East Citrus Avenue Suite 106 City of Redlands Redlands, CA 92373 P O Box 3005 Redlands, CA 92373 Section 14 Entire Agreement/Ainendment This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof Any prior verbal or written representations of agreements respecting the Premises not expressly set forth herein are null and void Any and all amendments to this Agreement shall be in writing and executed by the Parties Section 15 Breach and Default by Tenant All covenants and agreements contained in this Agreement are declared to be conditions of this Agreement, and to the term for which the Premises are licensed to Tenant Should Tenant fail to perforin any covenant,condition of agreement contained in this Agreement and the default not be cured within fifteen(15)days after written notice of the default is served on Tenant by City,then Tenant shall be in default under this Agreement,provided,however,that if the default is one not capable of cure within such fifteen(15)days,Tenant shall so notify City in writing, shall commence action to cure within such fifteen(15)days and prosecute such cure diligently until completion within a reasonable time Tenant's failure to complete such cure within a reasonable time shall also constitute a default by Tenant Section 16 Termination In the event of any default of this Agreement by Tenant, in addition to any other rights or remedies City may have, City shall have the immediate right of reentry and may remove all property from the Premises Such property may be removed and stored in a public warehouse or elsewhere at the cost of Tenant Further, in the event of a default of this Agreement by Tenant,City shall have tine option of immediately terminating this Agreement All remedies of City undei this section shall be cumulative and in addition to any other legal or equitable rights and remedies which City may have 4 ka\djmlAgrcements\License Agreement for Outdoor Dining Services Cheesewalla 9 6.doex Section 17 Waiver No waiver by either Party of any provision of this Agreement, or waiver of any breach of this Agreement, shall be deemed to be a waiver of any other provision of this Agreement, or of any subsequent breach by either Party of the same or any other provision of this Agreement Section 18 Severabilitv If any particular provision of this Agreement Is held invalid or unenforceable for any reason by a court of competent jurisdiction,this Agreement shall otherwise remain in full force and effect and shall be construed in all respects as if such invalid or unenforceable provision was omitted Executed on the 611 day of September,2016,at Redlands,California CITY OF REDLANDS KAD1R FAKIR AND KAMRUN PARVEEN Paul W Foster, Mayor Kakir, Owner and ICzmrun arveen,Owner ATTEST S in,City Clerk I.1caWJrn\Agreements\License Agreement for Outdoor Dining Services Cheesewalla 9 6 docx �r - 017112113 01711�a11 s � LO 'c J 617112104 • =« � 1 fl f w. iv � w E. i�. »� �,�w-.,. RedCc�nds .�. .�. .. Exhibit A. . .W.... ,..�..m... LV � E � �: � Premises (7'x 72') r 5 E Citrus St r` with T easment CheeseWalla Agreement 5ca" °Anr'1"WowH o za ao w01436AIl8yExhi6Et5CRrus August 23 2016 FeeE 0171,12113 :� �J� � a ;� �;: r- ;,,tib � „� �k•� �` 01711+2119 J i t 1 g } ............. 21 AL- Sr 11 A � �.t2ecfCrinc�s ��«...._Exhibit rA., ,� °� � Premises (7'x 72'y wt p 5 E Cifirus St w;tr, 2'easment CheeseWalla Agreement S.W. 1[�1rl�S"A{�tYllAT�VOBHsFr — s� 4 20 49 w01436AVeyExhibitKitrus August 23 2016 °°�