Loading...
HomeMy WebLinkAboutContracts & Agreements_142E-2020License Agreement By and Between The City of Redlands And Billy Abdallah Haig This License Agreement ("Agreement") is made and entered this 29th day of June, 2020 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and Billy Abdallah Haig ("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 restaurant facility located at 22 E State Street, in the City of Redlands, and WHEREAS, Licensee desires to provide its customers with an outdoor dining area within City's nghts-of-way, and WHEREAS, City and Licensee desire to cooperate to further the above -stated purpose in a way compatible with the public interest and in compliance with the terms and conditions specified herein, 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 non-exclusive license to provide outdoor dining services within City's rights-of-way in connection with the operation of Tenant's restaurant (the "License") The outdoor dining area subject to this Agreement consists of approximately three -thousand one -hundred (3,100) square feet (the "Premises") and is more particularly described m Exhibit "A," titled "The State Outdoor Seating," 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 Agreement C The consideration paid by Licensee pursuant to Section 4 of this Agreement is consistent with the value of the nghts comprising the License privilege, the consideration is not 1 J \--Econ Dev_Covid 19\a_Redlands Outdoor Dining\License Agreecnents_restaurantslLtcense Agreement State Street Outdoor Dining (002) The State b.docx 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 by Licensee set forth herein, City would not enter into this Agreement Section 3 Teiui The term of this Agreement shall commence on July 2, 2020, and shall end on October 31, 2020, 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 seven (7) days pnor to the noticed termination date Section 4 License Fee Licensee shall pay to City a Licensee fee in the sum of one - hundred seven dollars and fourteen cents ($107 14) per three-day period, Thursday through Saturday, for use and occupancy of the Premises, billed monthly All subsequent monthly rent payments shall be made prior to the second day of each month for which rent is then due All payments are to be made payable to the City of Redlands, Finance Department/Revenue Division, P 0 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 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 its restaurant B Licensee's hours of operation within the Premises shall be limited to 6 30 p m to 10 00 p m , Thursday through Saturday C Licensee shall require all customers and patrons of Licensee to vacate the Premises no later than 10 00 p m D Licensee shall be responsible for cleanng all tables, chairs, and debns from the Premises no later than 10 30 p m E Use of the Premises shall not jeopardize or endanger the health, welfare, peace, or safety of persons visiting, residing, working, or conducting business in area surrounding the Premises F Licensee shall comply with all applicable federal, state, and local laws, and all applicable rules and regulations established by City G Licensee shall submit an outdoor dining plan that shall be reviewed and approved by the Development Services Director Upon approval, Licensee shall adhere to the plan at all times Any changes to the approved plan must receive subsequent approval The plan shall adhere to all Fire Depat tment standards, including number of occupants, points of egress, tent and awning ratings, if apphcable, and fire hydrants clearance requirements In addition, the plan shall incorporate the following standards 2 J \-Econ Dev Covid 191a_Redlands Outdoor Dining\License Agreements_ restaurants\License Agreement State Street Outdoor Dining (002) The State_b.docx 1 Include suitable demarcation of the boundary of the outdoor dining or use area, such as bollards/rope or temporary fencing not exceeding four (4) feet high, placed in safe manner around outdoor dining area, or other means acceptable per State of California ABC COVID-19 Temporary Catenng Authorization guidelines, 11 Clearly and physically separate the outdoor dining area from general pedestrian walkways, 111 Not include installation of any permanent structure or other items, iv Ensure that all tables and associated seating be spaced at least six (6) feet apart from other tables and seating or, for other uses, maintains a physical separation of six feet between persons, v Not peuuit groups of more than ten (10) persons at one table, vi Not permit smoking in the expanded outdoor dining area, and vii Ensure that outdoor areas are maintained free of trash and other debris viii Alcoholic beverages may be served and consumed in the outdoor dining area only if associated with a food order H Licensee's use 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, harassment of passersby, public unnation, theft, assaults, batteries, acts of vandalism, littenng, loitering, illegal parking, excessive loud noises especially in the Iate night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests 1 Licensee's operation of the Premises may include the sale and service of alcoholic beverages, provided 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 Depai linent of Alcohol and Beverage Control, California Business and Professions Code sections 24200, 24200 6, and 25612 5, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders This includes payment of annual City business license taxes J Licensee shall ensure that the Premises' upkeep and operating characteristics are compatible with, and wall not adversely affect, the livability or appropriate development of abutting properties and the surrounding neighborhood K City may enter upon the Premises at any time, and without prior notice to Licensee 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 Improvements Licensee shall not make any alterations or improvements to the Premises without the prior wntten consent of City Lighting may be incorporated in such a way to prevent glare onto, or direct illumination of any vehicle traffic or adjacent properties Tables and chairs shall be placed only within the locations shown in Exhibit "A " 3 .11—Econ Dev_Covid 19\a_Redlands Outdoor Dmmg\License Agreements_ restaurants\License Agreement State Street Outdoor Dining (002) The State_b.docx Section 8 Indemnity Licensee shall defend, indemnify, and hold harmless City, and its elected and appointed officials, officers, employees, and agents, from and against any and all claims, causes of action, damages, lawsuits, and liability, including personal injury (including death) and property damage to any person, resulting from Licensee's negligent acts or omissions, or willful misconduct of Licensee, and/or 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 9 Public Liability 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 pnor 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 of any modification or termination Section 10 Assignment Prohibited Licensee shall not encumber, assign, sublease or otherwise transfer this Agreement, or any nght or interest herein, without the pnor 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 11 Attorneys' 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 m -house counsel by a Party Section 12 Notices Any notice or other cominunication 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, (n) 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 City of Redlands Jeanne Donaldson City Clerk P O Box 3005 Redlands, CA 92373 JDonaldson@cityofredlands org 909-798-7531 LICENSEE Billy Abdallah Haig, Owner JBM Investments dba The State 22 E State Street Redlands, CA 92373 Billy@thestaterestaurant coin (909)362-4688 4 11—Econ Dev_Covid 191a Redlands Outdoor Dmmg\Lieense Agreements_ restaurants\Ltcense Agreement State Street Outdoor Dining (002) The State_b.docx Section 13 Entire Agreement/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 m wnting and executed by the Parties Section 14 Termination Either Party may terminate this Agtement, without cause, upon three (3) City business days prior written notice to the other Party In the event City determines that Licensee's use or occupany of the Premises endangers the public health, safety, or welfare, City may, in City's sole discretion, immediately suspend Licensee's rights under this Agrement, or terminate this Agreement, without liability to Licesnsee 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 in the event this Agreemtn is terminated Such property may be removed and stored in a public warehouse or elsewhere at the cost of Licensee 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 15 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 16 Severability 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 29th day of June, 2020, at Redlands, California CITY OF REDLANDS Charles M Duggan, Jr , ATTEST anager e Donaldson, City Clerk Billy Abdallah Haig Billy Abdallah Haig, Owner 5 J \---Econ Dev_Covtd-19\a_Redlands Outdoor Dimng\License Agreements_ restaurants\Iacense Agreement State Street Outdoor Dining (402) The State b.doex EXHIBIT "A" The State Outdoor Seating The State Table Configuration: 8 Proposed Socially -Distanced Tables Approximate Area: 3,100 s.f. 6 T \--Econ Dev_Covid 191a_Redlands Outdoor Dimng\License Agreements_restaurants\License Agreement State Street Outdoor Dining (002) The State b.docx �.� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/VYYY} � 07/06/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGEAFFORDEDBYTHE POLECIESBELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTEA CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT-Ifthecertificate holder is an ADDITIONAL INSURED the palicy(€es) must have ADDITIONAL INSURED provisions orbeendorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu ot such endorsement(s) PRODUCER s CONTACT NAME Juan C Fuentes Juan Fuentes(291831N) 2120 Foothill Blvd Ste 200 La Verne CA 91750 2949 PHONE (A/C NO EXT) gag 233 7048 FAX (A/c No) 909 321 5554 EMAIL ADDRESS jfuentesl@farmersagent.com NSURER(S)AFFORDING COVERAGE NAIC INSURED JBM INVESTMENTS INC 22 E STATE ST REDLANDS CA 92373 INSURERA Truck Insurance Exchange INSURERS Farmers Insurance Exchange 21709 21652 INSURERC Mid Century Insurance Company INSURER D 21687 INSURER E• INSURER F COVERAGES CERTIFICATE NUMBER REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEABOVE r0R THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREM£NTTERM ORCONDITION OFFFANY CONTRACT OR OTHER DOCUMENTWITHRESPECTTOWHICHTHISCERTIFICATEMAYBEISSUEDORMAYPERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOViN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE A c X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X1 OCCUR GEN'L AGGREGATE LIMITAPPLIES PER POLICY I 1 PROJECT j1 LOC OTHER ADDTL I SUBR INSD `: WVD POLECY NUMBER Y N 605862686 AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS II; SCHEDULED ONLY I I AUTOS •-• i HIRED AUTOS II- X I NON -OWNED ONLY I E AUTOS ONLY POLICY EFF POLICY EXP (MM/DD/YYYY) (MM/DD/YYYY) I 09/09/2019 LIMITS 09/09/2020 EACH OCCURRENCE ES 1 000,000 DAMAGE TO RENTED PREMISES (Ea Occurrence) MED EXP (Anyone person) PERSONAL& ADV INJURY GENERAL AGGREGATE PRODUCTS COMP/OP AGG 250,000 $ 5 000 $ 1,000,000 $ 2 000,000 $ 2 000,000 605862686 09/09/2019 1 09/09/2020 COMBINED SINGLE LIMIT (Ea accident) 1 000,000 BODILY INJURY (Per person) IS BODILY INJURY (Per accident} S PROPERTY DAMAGE (Peracceient) S UMBRELLALIAB OCCUR EACHOCCURRENCE I ) EXCESSLUAB ' CLAIMS -MADE l j AGGREGATE DED ( I RETENTION F I i WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETOR /PARTNER/ EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes describe under DESCRIPTION OF OPERATIONS beias Y/ N N/A DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101 Additional Remarks Schedule, may be attached if more space is required) 122 E STATE ST, REDLANDS CA 92373 Is IS I I PER STATUTE OTHER EL EACH ACCIDENT S E.L DISEASE EA EMPLOYEE E L DISEASE POLICY LIMIT $ CERTIFICATE HOLDER THE CITY OF REDLANDS 35 CAJON ST STE 20 — REDLANDS—. CA__92373 ACORD 25 (2016/03) 31 1769 11 15 The ACORN name and Ingo are registered marks of ACORD CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBEDPQLICIES BE CANCELED BEFORE T f„ EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED CCORDA CE'WITHTI{EPa' ICY PEOV1SIONS AUTHORIZED REPRESENTATIVE ©19813 2015 ACORD CORPORATION All Rights Reserved UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION REQUIRING 30 DAYS WRITTEN NOTICE OF CANCELLATION SCHEDULE* Name of person or organization Effective Date 06/24/2020 12 01 AM CITY OF REDLANDS 35 CAJON ST , SUITE 20 REDLANDS CA 92373 Address of person or organization 14 E STATE ST REDLANDS, CA 92373 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement ) Should this policy be cancelled before the expiration date(s) thereof, thirty (30) days' written notice will be mailed to the person(s) or organization(s) listed m the Schedule above SECTION 11 - WHO IS AN INSURED is amended to mclude as an insured the person or organization shown m the SCHEDULE as an insured but only with respect to Iiability occurring at the scheduled premises owned by or rented to you All other terms and conditions of this policy remain unchanged This endorsement is part of your policy and takes effect on the effective date of your policy unless another effective date is shown L 582 (02-11) Page 1 of 1 This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Primary And Non -Contributory - Owners Or Lessors Of Premises SCHEDULE Schedule Effective Date 06/24/2020 12 01 AM CITY OF REDLANDS 35 CAJON ST , SUITE 20 REDLANDS, CA 92373 Location of Premises 14 E STATE ST REDLANDS, CA 92373 SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4 OTHER INSURANCE, a Primary Insurance is amended with the addition of the following The coverage afforded by this policy to any owners or lessor(s) of premises, scheduled above and who are additional insureds under this policy, is pnmary and non-contributory if 1 This insurance is required to be pnmary and non-contributory under a written contract, and 2 The loss to be covered occurs on or after the effective date of the written contract, and 3 The loss to be covered was caused solely and exclusively by your acts or omissions or the acts or omissions of those acting on your behalf m connection with the use or control of that part of the premises leased to you under the written contract referred to above All other terms and conditions of this policy remain unchanged This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown L 777 (04-15) Page 1 of 1