HomeMy WebLinkAboutContracts & Agreements_248-2017 License Agreement
By and Between
The City of Redlands
And
Red Rooster Vintage
This License Agreement ("Agreement") is made and entered this 5th day of December,
2017 ("Effective Date"), by and between the City of Redlands ("City"), a municipal corporation,
and Red Rooster Vintage ("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 a retail facility located at 100 W Stuart
Ave , Redlands, CA 92374, and
WHEREAS, Licensee desires to hold a one-day vintage market event on City-owned
property located at 205 W Stuart Avenue, Redlands, CA 92374 (the"Property"), and
WHEREAS, City is willing to grant Licensee a one-day license to conduct the vintage
market event subject to the conditions and provisions of this License Agreement,
NOW, THEREFORE, in consideration of the mutual promises contained herein City and
Licensee agree as follows
AGREEMENT
Section 1 License for Vintai_7e Market City hereby grants to Licensee a license to hold a
one-day vintage market event upon the Property on December 9, 2017, in connection with the
operation of Licensee's retail facility located at 100 W Stuart Avenue The Proper�y is more
particulary described in Exhibit"A,"which is attached hereto and incorporated by this reference
Section 2 Fee Licensee shall pay to City a fee in the sum of one hundred dollars ($100)
for use and occupancy of the Property Payment of the fee shall be made either in cash, or by
check payable to the City of Redlands, Finance Department/Revenue Division concurrent with
Licensee's execution of this Agreement
Section 3 Securitv Denosit Licensee shall pay to City a security depw;it in amount of
Two Hundred Dollars ($200 00), in the manner described in section 2, above, uoitcuri*ent with
Licensee's execution of this Agreement The security deposit shall be refunded to Licensee within
thirty (30) days after the Property has been vacated by Licensee, less any amounts reasonably
necessary to pay City for (i) cleaning costs, (ii) cost for repair or damages to the Property 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 Property being vacated If the security deposit does not cover such costs and damages,
Licensee shall immediately pay said additional costs for damages to City
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Section 3 Use of Pronertv
A The Property shall be used by Licensee solely for the purpose of a one-day vintage
market event associated with Licensee's operation of Its retail facility In addition, the applicant
shall submit a site plan consisting of the display layout for review by the City prior to the event
All temporary displays shall comply with Federal, State and local laws
B The hours of operation of the vintage market event shall be limited to 8 00 a in to
5 00 p m on Saturday, December 9, 2017
C Licensee's use of the Property shall not jeopardize or endanger Ehe health, welfare,
peace or safety of persons visiting, residing, working, or conducting business in the surrounding
area
D All third-party vendors associated with Licensee's use of the Property shall execute
and deliver to City,prior to entering upon the Property, a hold harmless agreeement, substantially
in the form attached hereto as Exhibit"B "
Section 4 Alterations and Retiairs Licensee accepts the Property in its "as-is condition
as of the Effective Date of this Agreement,without any warranty, express or implied
Section 5 Maintenance of Probertv Licensee shall be responsible for maintaining the
Property in a clean and orderly state Any damage incurred by City due to Licensee's use of the
Property shall be the so[e responsibility of Licensee
Section 6 Imiirovements Licensee shall not make any alterations of improvements to the
Property
Section 7 Indemnity Licensee shall defend, Indemnify and hold harmless City, and its
elected officials, officers, employees and agents from and against any and all claiins -auses of
action, damages and liability resulting from any negligent acts or omissions, and the willful
misconduct of, Licensee and its agents, employees and invitees, arising from or resulting in
connection with their respective occupation and use of the Property during the term of this
Agreement This sectioa slhiad survive any termination of this Agreement
Section 8 Insurance Insurance required by this section shall be maintained by Licensee
throughout the term of*is Agreemenrt License Licensee shall provide City v,,tth a cerl Jlcate of
insurance and endorsen-ienis showing City as an additional insured on the polity plioi to
Licensee's use and occupancy of the Property Such insurance shall be priniar) A.:Lh respect to
City and non-contributory to any insurance or self-insurance maintained by City rhe policy
shall require that, before amending or canceling the policy, the issuing insuranie 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
A Workers' C ornpensation and Employer's Liability insurance; . t I,C aniount that
meets statutory requirements with an insurance carrier acceptable to City, or cermication to City
hat Licensee is self-Insured or exempt from the workers' compensation laws of the State of
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California Licensee shall provide City with Exhibit `C," entitled "Workers' Compensation
Insurance Certification," which is attached hereto and incorporated herein by this reference
B Licensee shall secure and maintain comprehensive general liability insurance with
carriers acceptable to City Minimum coverage of One Million Dollars ($1,000,000) per
occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property damage
and personal injury is required City shall be named as an additional insured and such insurance
shall be primary and non-contributing to any insurance or self-insurance maintained by City
C Licensee shad secure and maintain business auto liability coverage, with minimum
limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury
liability and property damage tiability This coverage shall include all Licensee owned vehicles
used in connection with Licensee s provision of the Services, hired and non-owned vehicles, and
employee non-ownership vehicles
Section 9 Assiariment Prohibited Licensee shall not encumbei, assign, sablease or
otherwise transfer this Agreement, or any right or interest therein, or attempt of the same Any
such encumbrance, assignment, sublease or transfer shall constitute a breach of this Agreement
and may, at the sole discretion of City,result in the immediate termination of this Agreement
ZD
Section 10 Attorneys' Fees In the event any action is commenced to enrorce or interpret
the terms or conditions of this Agreement, the prevailing Party shall, in addition to anv costs and
other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for use of
in-house counsel by a Darty
Section Il Entire Aareement/Amendment This Agreement const€tarts the entire
agreement between the Paries with respect to the subject matter hereof Any prior ve6 bal or vwrittcn
representations or agreements respecting the Premises not expressly set forth herein _tre null and
void Any and all ameridn-LIAs to this Agreement shall be in writing and executed D%1 the Parties
Section 12 waiver No waiver by either Party of any provision of phi, Agicoment, or
waiver of any breach of this Agreement, shall be deemed to be a waiver of any othor provision of
this Agreement, or of any subsequent breach by either Party of the same or any tithe' provision of
this Agreement
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Executed on the 5th day of December, 2017, at Redlands, California
CITY OF REDLANDS RED ROOST VIN GE
L1.1LX�� s 0`
Paul W Foster,Jaor Lin vtdson, Owner
ATTEST.
. ne Donaldson, City Clerk
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EXHIBIT"A"
Map of Property
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EXHt61T'A
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EXHIBIT `B
Hold Harmless Agrce:nellt
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Hold Harmless Agreement
Between
and
The City of Redlands
This agreement is effective as of December 9, 2017 In consideration of the City of Redlands ("City")
permitting to use and occupy the City-owned property located at 205 W Stuart
Avenue (the "Property") pursuant to that certain License Agreement dated December 5, 2017, by and
between the City and Red Rooster (the "License"), the hereby agrees to
save and hold harmless the City and its elected officials, officers, and employees, from and against any
and all claims, losses, damages and liability which or any of its employees may be
subjected to arising out of or resulting in connection with the City's negligent or intentionally wrongful
acts or omissions in connection with the City's approval of the License and the granting of its permission
for to use and occupy the Property Said damages and liability half include,
in the event of legal action,Court rosts, expenses of litigation and reasonable attornevs' fees
City of Redlands
(Vendor Name)
N Enrique Martinez, City Manager Signature
Print Name
Date date
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EXHIBIT "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer,except the State,shall secure the payment of compensation in one or more of the
follow€ng ways
(a) By being insured against liability to pay compensation by one or more insurers
duly author;-,ed to wr€te compensation insurance in this State
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self-insure, ether as an individual employer, or as one employer in a group of
employers,which may be given upon furnishing proof satisfactory to the Director
of Indust€€al kelat€ons of ability to self-insure and to pay any compensation that
may become due to his or hei employees
CHECK ONE
I am aware of the provisions of Section 3744 of the Labor Code wh€Lh requires every
employer to be insured against liability for Workers' Compensation of to anrtertake selt-
insurance in accordance with the provisions of that Code, and I will comply V71t1} such Prov€cions
before commencing the performance of the work and activities required of permitted under this
Agreement (Labor Code §1$61)
I affirm that at all t€rhes. in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation iaws of Calxtornia However,at any time,if I employ anv person such that
I become subject to the workers' compensation laws of Cal€torn€a, immediately I shall provide
the City with a certificate of consent xo self-insure, or a certiffi at€on of wortc,r- compensation
insurance
I certify under penalty of perjury under the laws of the State of California that the information
and representations made in this certificate are true and correct
Red Rooster Vintage Date �' ✓ ��
BYJ
_ _._
Linda
'JJ/-"4er son,
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