Loading...
HomeMy WebLinkAboutContracts & Agreements_167-2020License Agreement By and Between The City of Redlands And Jeremy Ruiz This License Agreement (` Agreement") is made and entered this 22nd day of July 2020 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and Jeremy Ruiz ("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 19 E. Citrus Ave. Suite 103 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 re -stomata (the `License"). The outdoor dining area subject to this Agreement consists of ooroximately three -thousand six -hundred (3,600) square feet (the `Premises") and is more particularly described in Exhibit A, titled `Redlands Oyster Cult 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 1 J:\Econ Dev_Covid-19\a_Redlands Outdoor Dining \License Agreements_ restaurants\License Agreement State Street Outdoor Dining (002)_Redlands Underground_b.doex 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. Term. The term of this Agreement shall commence on July 22, 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 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 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: 2 J:\—Econ Dov_Covid-19\aRedlands Outdoor Dining\Lieense Agrecments_restaurants\License Agreement State Street Outdoor Dining (002)_Redlands Underground_b.doex 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. 7 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. 3 7:\Econ Dev_Covid-19\a_Redlands Outdoor Dining \License Agreements_ restaurants\License Agreement State Street Outdoor Dining (002)3edlands Underground_b.doex 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. Jeremy Ruiz, Owner The Redlands Underground 19 E. Citrus Avenue, Suite 103 Redlands, CA 92373 j_ruiz32@yahoo.com (909)894-4805 4 J:\—Econ Dev_Covid-I9\a_Redlands Outdoor Dining \License Agreements_restaurants\License Agreement State Street Outdoor Dining (002)_Redlands Underground_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 wntten 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 Termination Either Party may terminate this Agreement, without cause, upon three (3) City business days prior wntten 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, in City's sole discretion, immediately suspend Licensee's nghts 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 in all respects as if such invalid or unenforceable provision was omitted Executed on the 22nd day of July, 2020, at Redlands, California CITY OF REDLANDS -F6r Charle M Duggan, Jr , City Manager ATTEST e Donaldson, City Clerk 5 J 1 Econ Dev_Covid-19\a_Redlands Outdoor Dming\License Agreements_ restaurants\License Agreement State Street Outdoor Dining (002)_Redlands Underground_b.docx EXHIBIT "A" Redlands Undergound Outdoor Seating r # 7T 11m -- The UndergroundTable Configuration' 14 Proposed Socially -Distanced Tables Approximate Area: 3,600 s.f. I MG 6 ] \--Econ Dev Covrd-19\a Redlands Outdoor Dining\License Agreements restaurantslLicense Agreement State Street Outdoor Dining (002) Redlands Underground b.docx r1O CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 712312020 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 COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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 of such endorsement(s). PRODUCER TAPCO UNDERWRITERS (KRAFT LAKE) PO Box 286 Burlington, NC 27216 CONTACT NAME PHONE (AIC No Ext) FAX (A/C No): EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL # INSURED HAZZARD COUNTY LLC REDLANDS UNDERGROUND 19 E CITRUS AVE, STE 103 REDLANDS, CA 92373 INSURER A: United States Liability Insurance Company 25895 INSUREB B: INSURER C: CP 16627276 INSURER D: 11/01/2020 INSURER E: $1,000,000 INSURER F: $100,000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MMIDDIIYYY) POLICY EXP (MMJDD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X OCCUR CP 16627276 11/01/2019 11/01/2020 EACH OCCURENCE $1,000,000 R�4 FESTOEe ocourD 0) 1 eonnune $100,000 CLAIMS -MADE MED EXP (Any o pe n) $5,000 PERSONAL &ADV INJURY $1,000,000 �GEN'L GENERAL AGGREGATE $2,000,000 AGGREGATE LIMIT APPLIES PER' FRP n LOC POLICY n FCT PRODUCTS-COMP/OPAGG $2,000,000 $ AUTOMOBILIE — LIABILITY ANY AUTO Ab.g JNEO HIRED AUTOS RsygguLED IAIRlo WNED CO MANED SINGLE LIMIT IB�ODILY $ INJURY (Per per on) $ BODILY INJURY (Pe acddent)$ PI(2e0ao0R IOAMAGE $ $ UMBRELLA LIAB_ EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WOR KERS COMPENSASION AND AND EMPLOYERS' LIABILITY ANYpFrP;R�O�PRIE�TgOERp/PARTNER/EXECUTIVEY/NI tJFI tory n NHl EXCLUDED'? IU(+1 rI �p ��11�n,r��e� DgsCRNO�J OF OPERATIONS below N/A WWCCgg ppTT��)) -MIA% R- E.L. EACH ACCIDENT $ E L DISEASE -EA EMPLOYEE $ E L DISEASE -POLICY LIMIT $ A Liquor Liability CP 16627276 11101/2019 11/0112020 LIQ EA COMMON CAUSE $1,000,000 LIQUOR AGGREGATE 92,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Se tladied Ac rd 101 fo adddio al Iiablllly Ilmlls) Resta nt LQ -203 08107 Additio el In ed - Llqu r Lir Holde 8 part of tin policy. CA City of Redlands 35 Cajon Street Redlands CA 92373 909 798 7510 (P.O. Box 3005) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE�e ACORD 25 (2010/05) Copyright 1988-2010 ACORD CORPORATION II rights reserved. The ACORD name and logo are egistered marks of ACORD / ----1 ACORO AGENCY CUSTOMER ID' 5576 LOC # All ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY TAPCO UNDERWRITERS (KRAFT LAKE) INSURED HAZZARD COUNTY LLC POLICY NUMBER CP 16627276 REDLANDS UNDERGROUND 19 E CITRUS AVE, STE 103 REDLANDS, CA 92373 CARRIER United States Liability Insurance Company NAIC CODE 25895 EFFECTIVE DATE. 11/1/2019 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM ISA SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE COVERAGE PART LIMITS Commercial Liability Each Occurrence Limit Personal & Advertising Injury Limit (Any One Person/Organization) Medical Expense (Any One Person) Damages To Premises Rented To You (Any One Premises) Products/Completed Operations Aggregate Limit General Aggregate Limit $1,000,000 $1,000,000 $5,000 $100,000 $2,000,000 $2,000,000 Liquor Liability Each Common Cause Limit $1,000,000 Aggregate Limit $2,000,000 ACORD 101 (2008/01) Copyright 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORL7° ii....., -----CERTIFICATE OF LIABILITY INSURANCE DATE {MMIDD(YYYY) 07i24i2020 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 COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed 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 of such endorsement(s) PRODUCER AVI COMMERCIAL INSURANCE INC LICENSE #0E40889 200 5 OLA VISTA SAN CLEMENTE, CA 92672 NAnae CT DOUG KRUMPOLS IpIGNo, 1.949-940-1856 (a,No).949-940-1857 ADDRESS:DOUGOAVIINSURANCE COM INSURER(S) AFFORDING COVERAGE NAIL# INSURERA:AMERICAN AUTOMOBILE INSURANCE CO 21849 INSURED DBA DARBY'S AMERICAN CANTINA P&D RESTAURANT GROUP INC 1 E STATE ST REDLANDS, CA 92373 INSURER B 10/15/201S INSURERC $ 1,000,000 INSURERD. INSURER E; INSURER F : 2001 326-1 9 COVERAGES CERTIFICATE NUMBER REVISION NUMBER THIS i5 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS NSRR 1 TYPE OF INSURANCE ADDL DM) SUBR WVD POLICY NUMBER POLICY EFF IMMIDDIYYYY1 POLICY EXP IMMIDDIYYYYI LIMITS X ]( COMMERCIAL GENERAL LIABILITY X POLICY # SAM 10/15/201S 1011512020 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR 2001 326-1 9 ' DAMAGE TO REED PREMISES Ea occu ence) $ 100,000 X LIQUOR LIABILITY LIMIT. MED EXP (Any one per$0n) $ 5 000 $1,000,000/$1,000,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000 000 X POLICY JECOT- LOG PRODUCTS COMPIOPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accidents $ ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ONLY HIRED AUTOS ONLY _ SCHEDULED AUTOS NON -OWNED AUTOS ONLY BODILY INJURY (Per accrdent) PROPERTY DAMAGE {Per accident) $ $ $ UMBRELLA LIAR —7 (OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ 5 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PER OTH STATUTE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? {Mandatory in NH) NTA E.L. EACH ACCIDENT EL DISEASE EA EMPLOYEE 5 0 Iryes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE POLICY LIMIT 5 A BUSINESS PERSONAL PROPERTY POLICY # SAM 2001326-19 10/15/201 10/15/2020 LIMITS $250,000 DEDUCTIBLE $2 500 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 10 Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER IS LISTED ON POLICY AS ADDITIONAL INSURED 10 DAY NOTICE OF CANCELLATION FOR NON PAYMENT OF PREMIUM CERTIFICATE HOLDER CANCELLATION CITY CLERK CITY OF REDLANDS 35 CAJON STREET P 0 BOX 3005 (MAILING) REDLANDS, CA 92373 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988 201 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACO