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HomeMy WebLinkAboutContracts & Agreements_159-2017 License Agreement By and Between The City of Redlands And Sturdy Bridge Inc dba Citrone Restaurant&Bar This License Agreement ("Agreement") is made and entered this 18th day of July, 2017 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and Sturdy Bridge Inc dba Citrone Restaurant & Bar ("Licensee") City and Licensee are sometimes individually referred to herein as a"Party"and, together, as the"Parties " RECITALS WHEREAS, Licensee is the owner and operator of the restaurant facility located within the City of Redlands at 328 Orange Street, Redlands, CA 923741, and WHEREAS, Licensee desires to provide the public with an outdoor dining, waiting area venue within the City's parking lot, and WHEREAS, City and Licensee desire to cooperate to further the above-stated purpose in a way compatible with the public interest, and NOW, THEREFORE, in consideration of the mutual promises contained herein, the City and Licensee agree as follows AGREEMENT Section 1 Premises City hereby grants to Licensee a license to provide outdoor dining services within City's parking lot in connection with the operation of Tenant's restaurant facility located adjacent to the parking lot The outdoor dining area(the"Premises") subject to this license is more particularly described in Exhibit"A,"which is attached hereto and incorporated herein by this reference Section 2 Term The term of this Agreement shall commence on Effective Date, and be for a period of three (3) years unless earlier terminated as provided for herein Either Party may terminate this Agreement by providing written notice of such termination to the other Party, at least thirty (30) days prior to the noticed termination date If Tenant remains in possession of the Premises after expiration or earlier termination of this Agreement without City's written consent, Licensee's continued occupancy of the Premises shall be on the basis of a tenancy at sufferance and Licensee shall pay as rent during the holdover period the sum of onethousand dollars($1,000) per month Section 3 Rent Licensee shall pay to City rent in the sum of one hundred fifty dollars ($150) per month for use and occupancy of the Premises The initial and final monthly rent payments, and a security deposit in the amount of five hundred ($500), shall be paid to City no later than ten (10) days following the Effective Date All subsequent rent monthly rent payments shall be made prior to the second day of each month for which rent is then due All payments are 1 I 1cakdjmlAgrcements\L.icense Agreement Sturdy Bridge dba Citrone.docx to be 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 day of the month Any dishonored check shall be considered as unpaid rent Section 4 Securitv Deposit The security deposit shall be retained by City secure compliance with the terms and conditions of this Agreement and shall be refunded to Licensee within thirty (30) days after the Premises have been vacated by Licensee, less any amounts reasonably necessary to pay City for, (i) cleaning costs, (u) cost for repair or damages to the Premises above ordinary wear 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 Licensee within ten (10) days of the Premises being vacated If the security deposit does not cover such costs and damages, Licensee shall immediately pay said additional costs for damages to City Section 5 Use of Premises A The Premises shall be used by Licensee solely for the purpose of outdoor dining associated with Licensee's operation of the restaurant facility B The Premises shall be occupied within thirty (30) days following the issuance of a final Certificate of Occupancy Failure to utilize the Premises for a period of greater than sixty (60) days without written consent of City shall terminate this this Agreement C The hours of operation for the Premises shall be limited to 8 00 a m to I 1 00 p m , Monday through Sunday D Use of the Premises shall not jeopardize or endanger the health, welfare, peace or safety of persons visiting, residing, working, or conducting business in the surrounding area. Section 6 Alterations and Repairs Licensee 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 Licensee shall be responsible for maintaining the Premises in a clean and orderly state Any damage incurred due to Licensee's use of the Premises shall be the sole responsibility of Licensee City shall be responsible for tree trimming, irrigiation system repair, lighting and electrical repair, and fencing City shall 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 Licensee with written notice of the items requiring repair or maintenance If action is not taken on such items by Licensee 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 Licensee's expense Section 8 Improvements Licensee shall not make any improvements to the Premises without the prior written consent of City Section 9 Indemnitv Licensee shall defend, indemnify and hold harmless City, and its elected officials, officers, employees and agents from and against any and all claims, causes of 2 1 kaldjmlAgreementslLicense Agreement Sturdy Bridge dba Citrone.docx action, damages and liability resulting from Licensee's negligent acts or omissions, and willful misconduct of Licensee,and its agents,employees and invitees arising from Licensee'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 Property Damage Insurance Licensee shall maintain at its 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 Licensee shall provide City with a certificate of insurance and endorsements showing City as an additional insured on the policy prior to Licensee'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 and Licensee acknowledge and agree that the insurance required of Licensee is subject to annual review by City and subject to increases in the amount and scope of coverage, as reasonably determined by City Section 11 Assozriment Prohibited Licensee shall not encumber, assign, sublease or otherwise transfer this Agreement, or any right or interest therein,without the prior written consent of City Any such encumbrance, assignment, sublease or transfei 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 or interpret the terms or conditions of this Agreement, the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for use of in-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 mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a party may provide notice of in accordance with this section CITY STURDY BRIDGE 1NC, dba Crtrone Restaurant and Bar Quality of Life Department Crtrone Restaurant and Bar Chris Boatman, Director PO Box 9448, Redlands, CA 92375 City of Redlands Redlands, CA P O Box 3005 Redlands, CA 92373 3 hcaldjm\AgreementslLicense Agreement sturdy Bridge dba Citrone.docx Section 14 Entire Ai;reement/Amendment This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof Any prior verbal or written representations or 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 Licensee 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 Licensee Should Licensee fail to perform any covenant, condition or agreement contained in this Agreement and the default not be cured within fifteen (15) days after written notice of the default is served on Licensee by City, then Licensee shall be in default under this Agreement,provided,however,that if the default is one not capable of cure within such fifteen (15) days, Licensee 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 Licensee's failure to complete such cure within a reasonable time shall also constitute a default by Licensee Section 16 Termination In the event of any default of this Agreement by Licensee, in addition to any other rights or remedies City may have, City shall have the immediate right of reentry and may remove all Licensee property from the Premises Such property may be removed and stored in a public warehouse or elsewhere at the cost of Licensee Further, in the event of a default of this Agreement by Licensee, City shall have the right to immediately terminate this Agreement All remedies of City under this section shall be cumulative and in addition to any other legal or equitable rights and remedies which City may have. 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 Severabilttv 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 18th day of July, 2017, at Redlands, California CITY OF REDLANDS STURDY BRIDGE INC dba CITRONE RESTAU NT AND BAR Paul W Foster, Mayor Brandon earce, president ATTEST. 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