HomeMy WebLinkAboutContracts & Agreements_166-2020License Agreement
By and Between
The City of Redlands
And
Jon Darby
This License Agreement (` Agreement") is made and entered this 27th day of July 2020
(`Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and
Jon Darby ("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 1 E. State
Street, in the City of Redlands; and
WHEREAS, Licensee desires to provide its customers with an outdoor dining area within
City's rights-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 one -thousand five -hundred (1,500) square feet (the `Premises") and is more
particularly described in Exhibit A, titled Darby's 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 rights comprising the License privilege; the consideration is not
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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. Tenn. The term of this Agreement shall commence on July 27, 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 prior 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 Departmentlkevenue 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 clearing all tables, chairs, and debris 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 Department standards, including number of occupants, points of egress, tent and awning
ratings, if applicable, and fire hydrants clearance requirements. In addition, the plan shall
incorporate the following standards:
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i. 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 Catering Authorization
guidelines;
ii. Clearly and physically separate the outdoor dining area from general pedestrian
walkways;
iii. 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 permit 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 urination, theft,
assaults, batteries, acts of vandalism, littering, loitering, 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.
I. 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 Department 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 will 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 written 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.
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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 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 of any modification or termination.
Section 10. Assignment Prohibited. Licensee shall not encumber, assign, sublease or
otherwise transfer this Agreement, or any right or interest herein, 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 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
in-house counsel by a Party
Section 12. 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
City of Redlands
Jeanne Donaldson
City Clerk
P.O Box 3005
Redlands, CA 92373
JDonaldson®cityofredlands.org
909-798-7531
LICENSEE.
Jon Darby Owner
Darby's American Cantina
1 E. State Street
Redlands, CA 92373
jon.darby@darbysredlands.com
(909)792 2119
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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 in writing and executed by the Parties
Section 14 Termmation Either Party may terminate this Agreement, 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 occupancy of the Premises endangers the public health, safety, or welfare,
City may, m City's sole discretion, immediately suspend Licensee's rights under this Agreement,
or terminate this Agreement, without liability to Licensee 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 Agreement 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 m all respects as if such invand or
unenforceable provision was omitted
Executed on the 27th day of July, 2020, at Redlands, California
CITY OF REDLANDS Jon ! arby
Def
Charles Duggan, r , City Manager
ATTEST
anne Donaldson, City Clerk
Jon Darcy, Owner
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EXHIBIT "A"
Caprice Cafe Outdoor Seating
Darby'sTable Configuration:
8 Proposed Socially -Distanced Tables
Approximate Area• 1.900 s.f.
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