HomeMy WebLinkAboutContracts & Agreements_184-2020Dog House License Agreement.FY20-0017
License Agreement
By and Between
The City of Redlands
And
Juan Morales
'The Dog House'
This License Agreement (` Agreement") is made and entered this 1st day of September,
2020 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"),
and Juan Morales ("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 hot dog stand licensed and permitted
to operate in the City of Redlands; and
WHEREAS, Licensee desires to establish an outdoor dining venue within the City of
Redlands Corporate Yard; and
WHEREAS, City and Licensee desire to cooperate to further the above -stated purpose in
a way compatible with the public interest;
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 in connection with the operation of Licensee's hot dog stand located within City's
Corporate Yard (the `License"). The outdoor dining area subject to this Agreement consists of
approximately three hundred twenty four (324) square feet (the `Premises") and is more
particularly described in Exhibit A, titled 'The Dog House, 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 the License.
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 set forth herein, City would not enter into this Agreement.
Section 3. Term. The term of this Agreement shall commence on September 1, 2020,
and end on September 1 2021, 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
thirty (30) days prior to the noticed termination date. If Licensee remains in possession of the
Premises after expiration or earlier termination of this Agreement without City's written consent,
Licensee s continued occupancy of the Premises shall be equivalent to a tenancy at sufferance and
Licensee shall pay an increased License fee during the holdover period in the sum of one thousand
dollars ($1,000) per month.
Section 4. License Fee. Licensee shall pay to City a monthly fee in the sum of five
hundred ($500.00) dollars for use and occupancy of the Premises. The initial and final monthly
fee payments, and a security deposit in the amount of five hundred dollars ($500), totaling one
thousand five hundred ($1500.00) dollars shall be paid to City on or before September 15, 2020.
All subsequent monthly fee payments shall be made on or before the second day of each month
for which the fee 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 fee payment made after the tenth day of the month.
Section 5. Security Deposit. The security deposit shall be retained by City in
compliance with the terms and conditions of this Agreement, and shall be refunded to Licensee
within thirty (30) days after the Premises have been vacated by Licensee, less any amounts
reasonably necessary to pay City for, (i) cleaning costs, (ii) cost for repair or damages to the
Premises exclusive of ordinary wear and tear, and (iii) any other amount legally allowable under
the provisions of this Agreement. A written accounting of said costs and damages shall be
presented to Licensee within ten (10) days of the Premises being vacated. If the security deposit is
insufficient to pay City for such costs and damages, Licensee shall immediately pay any additional
costs for damages demanded by City
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 its hot dog food truck.
B. The Premises shall be occupied by Licensee within ninety (90) days following the
Effective Date of this Agreement. Failure to occupy the premises at said time, or to continuously
utilize the Premises for a period of sixty (60) consecutive days or more, without the prior written
consent of City shall be grounds for City's immediate termination of this Agreement.
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C. The hours of operation for the Premises shall be limited to 910 a.m. to 410 p.m.
Monday through Friday
D Licensee's use of the Premises shall not jeopardize or endanger the health, welfare,
peace, or safety of persons visiting, residing, working, or conducting business in the surrounding
area.
E. 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
F Licensee shall require all customers to vacate the Premises upon closure of its
outdoor dinning area at 410 p.m.
G. 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.
H. 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.
I. Licensee hereby grants City immediate access to the Premises in the event of an
emergency which is defined as any incident that threaten loss of life or property interruptions of
public utilities, disaster, war, acts of terrorism, strikes or similar emergencies.
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 be responsible for maintaining the
Premises in a clean and orderly state. Any damage to the Premises incurred due to Licensee s use
of the Premises shall be the sole responsibility of Licensee. City shall have the right to enter the
Premises, at reasonable times, for inspection and maintenance purposes. Should an inspection by
City 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 five (5) 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. 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 its agents, employees and invitees arising from Licensee s occupation
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and use of the Premises during the term of this Agreement. This section shall survive any
termination of this Agreement.
Section 10. 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. 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 11. Assignment Prohibited. Licensee shall not encumber, assign, sublease or
otherwise transfer this Agreement, or any right or 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 a breach of this Agreement and may at the sole discretion of City
result in the immediate termination of this Agreement.
Section 12. 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 13. 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 Clerk
City of Redlands
35 Cajon Street
P 0 Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.org
909-798-7531
LICENSEE.
Juan Morales
25850 Via Hamaca Avenue
Moreno Valley CA 92551
Juansr62@yahoo.com
951-807 1297
Section 14. Entire Agreement/Amendment. This Agreement constitutes the entire
agreement between the Parties with respect to the subject matter hereof. Any prior verbal or written
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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 15 Terinration 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
teimmate this License This License may be terminated at the discretion of City should Licensee
fail to fulfill its requirements as specified herein
Section 16 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 17. 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 remam in full force and effect and shall be construed in all respects as if such invalid or
unenforceable provision was omitted
Executed on the 1st day of September, 2020, at Redlands, California
CITY OF REDLANDS
THE DOG HOUSE
Paul W Foster, Mayor / " Juan Morales, Owner
ATTEST
e Donaldson, City Clerk
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Exhibit "A"
The Dog House
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Exhibit A
City Yard Vendor Space
(324 sqft)
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