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HomeMy WebLinkAboutContracts & Agreements_245-2018 License Agreement By and Between The City of Redlands And Kadir Fakir and Kamrun Parveen This License Agreement ("Agreement") is made and entered this 18"' day of December 2018 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and Kadir Fakir and Kamrun Parveen(together, "Licensee"), owners and operators of a restaurant located at 5 East Citrus Avenue. 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 located within the City of Redlands at 5 East Citrus Avenue and is commonly known as "Cheesewalla," and WHEREAS, Licensee desires to provide the public with an outdoor dining venue within City's Orange Street Alley Park("Park"), WHEREAS, City and Licensee have entered into that prior License Agreement dated September 16, 2016, and desire to enter into this new License to set forth terms and conditions under which City will continue to license a portion of the Park to Licensee; NOW, THEREFORE, in consideration of the mutual promises contained herein, 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 Park in connection with Licensee's lease and operation of Cheesewalla restaurant located adjacent to the Park The outdoor dining area subject to this License consists of 364 square feet (the "Premises") and is more particularly described in Exhibit "A," which is attached hereto and incorporated herein by this reference _ Section 2 Acknowledgment of License and Disclaimer of Tenancy A. Licensee is not a tenant or lessee of City and holds no rights of tenancy or leasehold in relation to the Premises B In consideration of City's grant of this License,Licensee specifically and expressly waives, releases, and relinquishes any and all rights to assert any claim of right, privilege or interest in the Premises other than the rights expressly granted by this License 1 L\ca\djm\Agreements\Cheesewaila License Agreement 12 13 18.docx C The consideration paid by Licensee pursuant to Section 4 of this License is consistent with the value of the rights comprising the License privilege, the consideration is not consistent with the higher market value for a greater right, privilege or interest (such as a lease) in the Premises D Licensee further acknowledges and agrees that without the representations and agreements set forth herein, City would not enter into this License Section 3 Term The term of this License shall commence on January 1, 2019, and terminate on January 1,2022,unless earlier terminated as provided for herein. Licensee shall have no right to remain in possession of the Premises after expiration, or the earlier termination of, this License Section 4 License Fee Licensee shall pay to City a fee in the sum of six hundred and four dollars and twenty-four cents($604.24)per month("License Fee")for use and occupancy of the Premises A The first License Fee payment shall be due and owing and paid by Licensee to City on or before January 8, 2019 All subsequent monthly License Fee payments shall be made prior to the tenth day of each month for which the License Fee is then due All payments are 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 any License Fee made after the tenth of the month Any dishonored check shall be considered as an unpaid License Fee B For the prior License Agreement between the Parties, dated September 6,2016,the security deposit presently held by City in the amount of one thousand dollars ($1,000), and the final monthly License Fee presently held by City in the amount of eight hundred thirty-six dollars and sixty-four cents($836 64),shall both be transferred from City's finance account to a new City finance account for this License. However,the City shall credit Licensee the surplus between the final payment transferred from the prior license agreement and that required for this License, in the amount of two hundred and thirty-two dollars and forty cents ($232.40) These payments represent Licensee's payment of a security deposit of one thousand dollars ($1000)and the final month's License Fee of six hundred and four dollars and twenty-four($604 24)for this License Section 5. Security Deposit. The security deposit presently held by the City in the amount of one thousand dollars ($1,000) shall be retained by City to secure compliance with the terms and conditions of this License and shall be refunded to Licensee within thirty (30) days after the Premises have been vacated by Licensee, less any amounts necessary to pay City for, (i) cleaning costs, (a) cost fox repair or damages to the Premises above ordinary weal and tear, and (iii) any other amount legally allowable under the terms of this License. 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 fox damages to City z L Va\djm\Agreements\GheesewaIIa License Agreement 12 13 18.dacx Section 6 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 Cheesewalla restaurant, B During the term of this License, Licensee shall comply with all applicable federal, 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 C. During the term of this License, City shall retain the right to cause the closure of the Premises for up to three (3) events per calendar year, with ninety (90) days prior written notice given to Licensee of each such event D. The hours of operation for the Premises shall be limited to I 1 00 a m to 2 00 a m ,Monday through Sunday E. Live music may be provided within the Premises, during operating hours only Live music shall be perforined in a manner not to disrupt or cause nuisance to adjoining businesses or the public. F There shall be one sign displayed within the Premises which identifies Licensee's restaurant G 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 H. Licensee's operations within the Premises shall not jeopardize or endanger the public health of safety of person visiting, residing, working, or conducting business in the surrounding area I Licensee's operation of the Premises shall not result in 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 3 Licensee's operation of the Premises may include the sale and service of alchoholic beverages provide that such use complies with all provisions of local, state and/or federal laws, regulations or orders, including but not limited to those of the State Department of Alcohol and Beverage Control, California Business and Professions Code sections 24200, 24200 6, and 25612 5, as well as any condition unposed on any permits issued pursuant to applicable laws, regulations or orders. This includes compliance with annual City business license taxes K. Licensee shall ensure 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 3 L\ca\djm\Agreem ents\Ch eesewa Ila License Agreement 12 13 18.docx L Licensee and all of Licensee's employees of the Cheesewalla restaurant shall complete an approved course in "Responsible Beverage Sales" or equivalent as approved by City, within six months of establishing the sale and service of alchoholic beverages. To satisfy this requirement, and pursuant to, the Responsible Beverage Service Training Act of 2017, AB 1221, on premise alcohol servers and their managers in California are required to attend a Responsible Beverage Service training from an ABC accredited trainer and pass an exam to be certified Section 7 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 8 Maintenance of Premises Licensee 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 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 9. Improvements Licensee shall not make any improvements to the Premises without the prior written consent of City, provided,however, after making reasonable attempts to contact City for its approval, Licensee may undertake minor maintenance and repairs to the the Premises which Licensee determines are immediately necessary to protect against imminent injury to persons or property Within three (3) days of performing any minor maintenance or repairs not verbally approved by City, Licensee shall provide written notification to City of the same All proposals for improvements to the Premises shall be submitted in writing to City for its consideration and prior approval. City shall approve or disapprove such proposals within forty- five (45)days of their submission Licensee shall have the right to remove all improvements made by him:to the Premises provided such removal results in no damage to the'Prenuses Improvements not removed by Licensee shall, on expiration or earlier termination of this License, remain on the Premises and become the property of City Section 10 Indemnity 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 action, damages and liability resulting from Licensee's negligent acts or omissions, and willful misconduct of Licensee, and his agents, employees and invitees during Licensee's occupation and use of the Premises during the term of this License This section shall survive any termination or expiration of this License Section 11 Public Liability and Property Damage Insurance. Licensee shall maintain at his own cost for the term of this License, 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 4 L\ca\djm\Agreements\Cheesewaiia License Agreement 12 13 18.docx 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 12 Workers' Compensation Insurance Licensee shall secure (if not already secured) and maintain Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City. Licensee shall provide City with evidence of such insurance reasonably satisfactory to City, and an executed "Workers' Compensation Insurance Certification," in the form which is attached hereto as Exhibit "B" and incorporated herein by this reference, as an express condition of, and prior to, Licensee's use and occupancy of the Premises Notwithstanding any other provision of this License, if Licensee uses and/or occupies the Premises without compliance with the requirements of this Section 12, City shall have the immediate right to terminate this License without any further action by City's City Council and undertake any and all rights and remedies it may, have in connection with the termination of this License Section 13 Assignment Prohibited This License is personal to Licensee. Licensee shall not encumber, assign, sublease or otherwise transfer this License, 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 an immediate breach of this License and may, notwithstanding any other provision of this License and at the sole discretion of City, result in the immediate termination of this License Section 14 Attorneys' Fees In the event any action is commenced to enforce or interpret the terms or conditions of this License,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 15 Notices. Any notice or other communication required,or which may be given, pursuant to this License, 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. LICENSEE Quality of Life Kadir Fakir and Kam-run Parveen Chris Boatman, Director 5 East Citrus Avenue Suite 106 City of Redlands Redlands, CA 92373 P.O. Box 3005 Redlands, CA 92373 5 1 lca,djm\Agreements\Cheesewalla 1.mn-5e Agreement 12 13 18.docx Section 16. Entire Agreement/Amendment. This License 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 License shall be in writing and executed by the Parties Section 17 Termination City shall have the right to terminate this License, with or without cause, upon thirty (30) days prior written notice to Licensee. City shall have no liability for any claims or damages resulting to Licensee as a result of any exercise by City of its right to terminate this License This License may be terminated at the discretion of City should Licensee fail to fulfill its requirements as specified herein. Section 18. Waiver. No waiver by either Party of any provision of this License, or waiver of any breach of this License, shall be deemed to be a waiver of any other provision of this License, or of any subsequent breach by either Party of the same or any other provision of this License. Section 19. Severability. If any particular provision of this License is held invalid or unenforceable for any reason by a court of competent jurisdiction, this License 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 December, 2018, at Redlands, California CITY OF REDLANDS LICENSEE (, l Mayor, City of Redlands Kadir Fakir and Kamrun Parydeen, Owners ATTEST Je ee Donaldson, City Clerk 6 L\ca\djm\Agreements\Cheesewalla License Agreement 12 13 1a.docx EXHIBIT"A" APN 0171-121-16 APN 0171-121-13 APN 0171-121-06 APO 0171-121-15 APH 0171-121-14 AFIN 0171-121-09 APN wi—m—lo LU uC LU LU Lo O CHEESEWALLA AREA 8'x57=456 SQ. Ff. W A C�NSf. J Y' b A 2 b A I OP!r (+ 'A K'A APN 0171-121-04 APN 0171-121-03 APN 0171-121-17 APN 0-17711-121-18 N ATTACHMENT "A" MOPOSM UCMSr: AGREEMENTAREA ORANGE STREET ALLEY SCALE. 1"=40' (456 SQUARE F" CHEESEWALLA LICENSE AGREEMENT EXHIBIT "B" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways. (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employei, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. CHECK ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Woikers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code §1861) I affirm.that at all times, 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 laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers' 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 LICENSEE Date• 4 2� J7 ZD/e_ B Kadir Fakir and Kamriin arveen, Owners 7 L\ca\djm\Agreements\CheesewaIla License Agreement 12 13 18.docx