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HomeMy WebLinkAboutContracts & Agreements_228-2020RECORDING REQUESTED BY AND WHEN RECORDED MAILED TO: CITY CLERK'S OFFICE CITY OF REDLANDS P.O. BOX 3005 REDLANDS, CA 92373 SECTION 6103 Electronically Recorded in Official Records County of San Bernardino Bob Dutton Assessor -Recorder -County Clerk DOC# 2021-0005856 01f0612021 Titles:1 Pages: 14 08:02 AM SAN Fees $0.00 Taxes $0.00 14311 CA SB2 Fee $0.00 Total $0.00 LICENSE AGREEMENT BETWEEN THE. CITY OF REDLANDS AND REDLANDS FOOD HALL, LP This license agreement ("License") is made and entered this 3rd day of November, 2020 (`Effective Date"), by and between the City of Redlands, a municipal corporation and general law city ("City"), and Redlands Food Hall, LP., a California limited partnership ("Licensee"). City and Licensee are sometimes individually referred to herein as a "Party" and, together, as the "Parties." RECITALS WHEREAS, Licensee is the owner of certain real property located at 330 North 3rd Street, within the city of Redlands, upon which Licensee proposes to construct and operate a Food Hall facility; and WHEREAS, Licensee desires to provide the public patronizing the Food Hall with an outdoor dining venue, a patron waiting area, and an accessible, elevated boardwalk on which the waiting area and dining venue will be located, and which will provide access to the same (collectively, the "Improvements") within the City's right-of-way, as more particularly described in Exhibit "A," titled "Premises," which is attached hereto and incorporated herein by this reference (the "Premises"); and WHEREAS, City desires to grant Licensee a non-exclusive, revocable, license to enter upon, and construct the Improvements within, the Premises on the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the mutual promises contained herein, and for such other good and valuable consideration, the receipt of which is hereby acknowledged, City and Licensee agree as follows: t L:\cnldjm\Agreemcnls\liedlands Pond hall License Agrecmcnl.FY20-0041 11.3.20Aoc.jn AGREEMENT Section 1. Recitals. The foregoing Recitals are true and correct and incorporated herein by this reference. Section 2. Premises. City hereby grants to Licensee a license to construct the Improvements within the Premises as generally described in Exhibit "A;" provided, however, that Exhibit "A" shall be revised, and the revised exhibit subsequently approved and initialed by the Parties, to reflect the final, more precise, location of the completed Improvements within the Premises, prior to City's issuance of any permit to occupy the Food Hall. Section 3. 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 License. C. The consideration paid by Licensee pursuant to Section 5 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 4. Term. The term of this License shall be for thirty (30) years, and shall commence on its Effective Date and end on November 3, 2050, unless earlier terminated as provided for herein. Section 5. License Fee. Licensee shall pay to City a fee each year during the term of this License for use and occupancy of the Premises in the amounts as described in Exhibit "B," titled "License Fee," which is attached hereto and incorporated herein by this reference. The first annual fee shall be paid to City within ten (10) days of the Effective Date of this License. In addition, at the salve time such first annual fee payment is made, Licensee shall also pay to City a one-time payment of six thousand five hundred dollars ($6,500) as reimbursement to City for the costs City incurred for preparation of this License. Each subsequent annual fee shall be paid by Licensee to City on or before the anniversary date of the Effective Date of this License. All payments are to be made payable to the City of Redlands, Finance Department/Revenue Division, P.O. Box 3005, Redlands, California, 92373. Section 6. Compliance with California Labor Code. Licensee acknowledges that Licensee's construction of the Improvements, while permitted by City to be undertaken within the Premises, is a privately funded project with no financial contribution by City, and the determination of whether California Labor Code prevailing wage laws, and other applicable 2 L:\ca\djm\Agreements\Redlands rood Hall License Agreement.FY20-0041 11.3.20.doc.jn California Labor Code provisions that are applicable to "public work" projects (as defined by California Labor Code section 1720 et seq.) are applicable to Licensee's construction of the Improvements, and Licensee's compliance therewith, shall be made solely by Licensee. Licensee expressly agrees City shall have no responsibility, obligation, or liability for Licensee's determination, or for Licensee's failure to comply with California Labor Code laws. Section 7. Notice of Entry. Licensee shall provide at least three (3) days prior written notice to City of the dates on which Licensee desires to enter upon the Premises to construct the Improvements. Section 8. Possession and Condition of Premises Not Warranted. City does not warrant or represent that the Premises are suitable for Licensee's entry, or construction of the Improvements, or for any other purpose, and Licensee agrees to enter and use, as the case may be, the Premises in their "as is" condition, and construct the Improvements on the Premises at Licensee's own risk. Licensee shall not hold City responsible or liable for any claim of damages, restitution, or other relief by Licensee or any other entity or person in connection with such entry or construction. Section 9. Use of Premises. A. The Premises shall be used by Licensee solely for the purpose of an outdoor dining venue, waiting boardwalk area, and accessible elevated paths of travel, associated with Licensee's operation of the Food Hall. The pubic hours of operation for the Improvements shall be 6:00 a.m. to 2:00 a.m., Monday through Sunday. B. 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. C. 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. D. Licensee's operation of the Food Hall, and its activities within the Premises, shall not result in nuisance such activities being deemed a nuisance on, 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. Section 10. Maintenance of Premises. Licensee shall be responsible for maintaining the Premises in a clean and orderly state. Any damage to the Premises resulting from 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 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 ten (10) days from the provision of such notice, City may enter the Premises and 3 LAca\djm\Agreements\Redlands Food Hall License Agreement.FY20-0041 11.3.20.doe.jn take whatever action is reasonable and necessary to perform such maintenance or repairs, at Licensee's expense. Section 11. Improvements. Licensee shall construct the Improvements in conformance with Exhibit "C," titled "Site Plan of Future Improvements," which is attached hereto and incorporated herein by this reference. Licensee shall not make any alterations or improvements to the Premises not shown on Exhibit "C" without the prior written consent of City. Lighting may be incorporated into the Improvements, with City's written permission, in a matter which prevents glare onto, or direct illumination of, any vehicle traffic or adjacent properties. Tables and chairs shall be placed on the Improvements only within the locations shown on Exhibit "C." Section 12. 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 and liability resulting from Licensee's negligent acts or omissions, and the willful misconduct of Licensee, and its agents, employees and invitees, arising from Licensee's occupation and use of the Premises during the term of this License. This section shall survive any termination of this License. Licensee, and any subcontractors or agents of Licensee performing construction work on the Premises for Licensee in connection with this License, shall defend, indemnify and hold City free and harmless from and against all liability, loss, damage, costs or expenses (including attorneys' fees and court costs) arising from, or as the result of, the death of any person or any personal injury, accident, claim, loss or damage whatsoever caused to any person or to the property of any person, or any responsibility or liability resulting from or in any way connected with Licensee's entry onto the Premises, and/or construction of the Improvements. Licensee shall be responsible for ensuring its subcontractors' and agents', if any, compliance with the requirements of this Section 12. This Section 12, and the obligations described herein, shall survive the expiration and/or any earlier termination of this License. Section 13. Public Liability and Property Damage Insurance. Licensee shall maintain at its 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 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 14. Assignment Prohibited. Licensee shall not encumber, assign, sublease or otherwise transfer this License, 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 License and may, at the sole discretion of City, result in the immediate termination of this License. Notwithstanding, this License shall be assignable to any third party to which Licensee sells the fee title of the adjacent real property, 4 L:\ca\djm\Agreements\Redlands Food Hall License Agreement.FY20-0041 11.3.20.doo.jn provided that said third party execute acknowledgement and assignment of this License or executes a new agreement with the same terms and conditions. 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 15: CITY: City Clerk City of Redlands 35 Cajon Street PO Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands.org 909-798-7631 LICENSEE: REDLANDS FOOD HALL, LP, a California limited liability partnership Gerald V. Tessier, Manager 191 W. 01 Street Pomona, CA 91766 jerry@artecopartliers.com 909-994-5904 Section 16. Insurance. Insurance required by this License shall be maintained by Licensee throughout the term of this License. Licensee shall not perform any work on the Property unless and until the required insurance listed below is obtained by Licensee. Licensee shall provide City with certificates of insurance and endorsements evidencing such insurance prior to Licensee's entry onto the Premises. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City. A. Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Licensee is self -insured or exempt from the workers' compensation laws of the State of California. Licensee shall provide City with Exhibit "D," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference. B. Licensee shall secure and maintain comprehensive general liability insurance with carriers acceptable to City. Minimum coverage of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. C. Licensee shall secure and maintain business auto liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Licensee owned vehicles used in connection with Licensee's performance of its obligations under this license, hired and non -owned vehicles, and employee non -ownership vehicles. City shall be 5 L:\ca\djm\Agreements\Rcdlands Food Hall License AgreementFY20-0041 11.3.20.docp named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. D. Licensee shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. E. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected and appointed officials, officers, agents, employees and volunteers or shall specifically allow Licensee or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Licensee hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its sub -contractors. Section 17. Independent Contractor Status. Licensee is for all purposes under this License an independent contractor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Licensee or Licensee's employees, except as herein set forth. Licensee shall supply all necessary tools and instrumentalities required to perform its obligations under this License. Assigned personnel employed by Licensee are for its account only, and in no event shall Licensee or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Licensee shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Licensee have any authority, express or implied, to bind City to any obligation. Section 18. 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 19. Default/Breach by Licensee/Termination. A. All covenants and agreements contained in this License are declared to be conditions of this License, and to the term for which the Premises are licensed to Licensee. Should Licensee fail to perform or comply with any covenant, condition, or agreement contained in this License (a "Default"), which by its nature is reasonably and practically subject to cure, and the Default is not cured within fifteen (15) days after written notice of the Default is served on Licensee by City, then Licensee shall be in breach of this License. B. If the Default is one which the Parties determine requires more than fifteen (15) days to cure, Licensee shall commence action to cure within such fifteen (15) days and prosecute such cure diligently until completion within a reasonable time. Licensee's failure to complete such cure within a reasonable time shall also constitute a breach of this License by Licensee. L\ca\djm\Agreements\Redlands Food Hall License Agreement.FY20-0041 11.3.20.doc.jn C. In the event of any breach of this License by 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, including all Improvements from the Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of Licensee. Further, in the event of a breach of this License by Licensee, City shall have the option of immediately terminating this License. All remedies of City under this section 19 shall be cumulative and in addition to any other legal or equitable rights and remedies which City may have. Licensee expressly agrees it shall be liable to City for all costs incurred by City in removing Licensee's property and Improvements from the Premises. Section 20. Other Events of Termination. 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 rights under this License or terminate this License, without liability to Licensee. In addition, City may terminate this License upon any of the following events: A. The filing of voluntary or involuntary bankruptcy proceedings involving Licensee. B. Licensee's abandonment or discontinued operation of the Food Hall facility for a period of six (6) consecutive months. C. Mutually agreement of the Parties. Section 21. 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 22. Severability. If any 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. Section 23. 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 24. Possessory Interests Tax. Rights granted to Licensee by City may create a possessory interest in the Parties. Licensee agrees that any possessory interest created may be subject to California Revenue and Taxation Code Section 107.6 and a property tax may be levied on that possessory interest. If applicable, Licensee shall pay the property tax. Licensee acknowledges that the notice required under California Revenue and Taxation Code Section 107.6 has been provided. 7 I,:\ca\djmWgreemenls\Redlands Food Hall License Agrecmen[.FY20-0041 11.3.20.docjn Section 25. Recordation. Licensee hereby consent to City's recordation of this License in the official records of the county of San Bernardino to provide notice to all successors and assigns of Licensee's Food Hall facility of the rights and obligations of the Parties. Executed on the 3rd day of November, 2020, at Redlands, California CITY OF REDLANDS REDLANDS FOOD HALL, LP, a California limited liability partnership aul W. Foster, Mayor ATTEST: J i e Donaldson, City Clerk By: Arteco Management, LLC Its: General Partners YJ- G rld V. Tessier, Manager L:\ca\djm\Agreements\Redlands Food Hall License Agreement.FY20-0041 11.3.20.doe.jn CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California l County of Sooci Berinoj-I .I a o J} On Afeinber Lo Zo4o before me, `WAno, Ra�InS1 ucba ^ p Date 1-_ 1 Here Insert Name and Title of the fficer personally appeared �(1�AL1. �OS�fa" 0.na �2QYltlL �of\O$O✓1 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persorosV)<vhose nam s ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in Ur/their ie authorized capacit , and that by Ns/her/their signaturdSon the instrument the perso or the entity upon behalf of which the persoro acted, executed the instrument. DIANA RAINS Notary Public •California z -: San Bernardino County g z Commission # 2175775 M Comm. Expires Dec 16, 2020 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 1�t',��y n Signature b Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017•nal Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Trustee ❑ Other: Signer is Representing: ❑ Attorney in Fact ❑ Guardian of Conservator CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LZIS /•aNgelf s ) On 1113N2o20 before me eVun RAcp re.) I�tYIC��YSOYI IVtJ?`CbYy �Ub�IE (� 1 \ I Were insert name and title of the o or) personally appeared Gcyakc� V • Tess i ey- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their n(s), or authorized capacity(ies), and that by his/her/their signature(s) on the instrument the persothe entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. TERYN RAQUEL HENDERSON COMM. #2287212 z da Notary Public • California � z Los Angeles County WITNESS my hand and official seal. / A Comm. Expires MaX 2, 2023 (Seal) Optional Information Although the information in this section is not required bylaw, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officers) ❑ Guardian/Conservator ❑ Partner - limited/General ❑ Trustee(s) ❑ Other: representing: Names) of Persons) or Entity(lon Signer is Representing vS Method of Signer Identification Proved to me on the basis of satisfactory evidence: O formm) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page s Entry A Notary contact: Other ❑ Additional Signers) ❑ Sigirl Thumb prints) ®Copyright 2007-2018 Notary Rotary, PO Box 41400, ncs Moines. IA 50311-0507. All Right, Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. EXHIBIT "A" PREMISES LEGAL DESCRIPTION THAT PORTION OF SHOPPERS LANE IN A PORTION OF PARCEL. 1 OF PARCEL MAP NO. 9560 AS PER MAP RECORDED IN BOOK 103, PAGE 72 OF PARCEL MAPS ANI) THAT PORTION OF THIRD STREET SHOWN AS SILUERA AVENUE ON THE PLAT OF THE CENTRAL TOWN SITE AS PER MAP RECORDED IN BOOK 8, PAGE 57 OF MAPS, AS 17I1.171) IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN BERNARDINO, STXrE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BFGINN7'NG AT THE CENTER LINE INTERSECTION OF THIRD STREET AND THE SOUTH LINE OF SAID PARCEL 1 AS SHOWN ON PARCEL MAP NO. 14891. AS PER MAP RECORDED IN BOOK 181, PAGES 86 THROUGH 88 OF PARCEL MAPS AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 89°46'28" EAST 8.00 FEET ALONG SAID SOUTH LINE OF PARCEL 1; THENCE NOR:I'H 0049'47"EAST 24.99 FEET PARALLEL WITH AND 8.00 FEET EASTERLY OF THE NORTHERLY PROLONGATION OF SAID CENTER LINE OF THIRD STREET; THENCE NORT'll 89"44'52" EAST 6.5.38 FEET PARALLEL WITH AND 25.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID PARCEL 1; THENCE SOUTH 00015'08" EAST 5.00 FEET; TILE.NCF. NORTH 9.9 44'52" EAST 139.37 FEET PARALLEL WITH. AND 20.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID PARCEL 1; THENCE SOUTH 00006'26" EAST 18.81 FEET TO THE SOUTH LINE OF SAID PARCEL 1; THENCE SOUTH 89053'34" WEST 47.39 FEET ALONG THE SOUTH LINE OF SAID PARCEL 1; TTIENCE SOUI`14 00018'59" EAST 1,31 FEET ALONG SAID SOUTH LINE OF PARCEL l; THENCE SOUTH 8904452" WEST 138,17 FEET ALONG SAID SOUTH LINE OF PARCEL I TO THE INTERSECTION OF THE NORTHERLY PROLONGATION OFTHE WEST LINE OF LOT 1 OF SAID PLAI' OF THE CENTRAL TOWN SITE; THENCE SOUTH 00'19'47" FAST 181.14 FEET ALONG SAID PROLONGATION AND THE WEST LINE OF LOTS 1, 3, 5, 7, 9, AND I OF SAID PLAT OF THE CENTRAL TOWN SITE'TO THL SOUTHWESTCORNER OF SAID LOT I I. SAID SOUTHWEST CORNER BEING A POINT ON THE NORTH LINE OF PARCEL 3 OF SAID PARCEL MAP NO. 14891; T14ENCE SOUTH 89°53'07" WEST 12.12 FEET ALONG THE WESTERLY PROLONGATION OF THE NORTH LINE OF SAID PARCEL 3; THENCE NORTH 00019'47" WEST141.42 FEET PARALLEL.. WITH AND 15,00 FEET EAST" OF SAID CENTER LINE OF THIRD STREET; THENCE SOUTH 89°40'13" WEST 7.00 FEET, THENCE NORTH 00°19'47" WEST 39.71 FEET PARALLEL WITH AND 8.00 FEET FASTFRLY OF SAID CENT'1 R LINE OF TI11RD STREET TO'1TIE POINT OF BEGINNING. CONTAINING 6,835 SQUARE FEET, MORE OR LESS WILLIAM F. SCHIADT 9 L:\ca\djnrWgreemenfs\Redlands Food Hall License Agreemen[.FY20-0041 11.3.20.docjn EXHIBIT "B" LICENSE FEE Year Total Annual Rent 3% increase annually 1 $2,760 2 $2,843 3 $2,928 4 $3,016 5 $3,106 6 $3,200 7 $3,296 8 $3,394 9 $3,496 10 $3,601 11 $3,709 12 $3,820 13 $3,935 14 $4,053 15 $4,175 16 $4,300 17 $4,429 18 $4,562 19 $4,699 20 $4,840 21 $4,985 22 $5,134 23 $5,288 24 $5,447 25 $5,611 26 $5,779 27 $5,952 28 $6,131 29 $6,315 30 $6,504 10 L:\ca\djm\Agreements\Redlands Food Hall License Agrecment.FY20-0041 11.3.20.doc.jn a_+ i k W is aas L N 1j N EXHIBIT "D" 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 employer, 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 Workers' 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. REDLANDS FOOD HALL, LP, a California limited liability partnership By: Arteco Management, LLC Its: General Partners By: Date: Gerald V. Tessier, Manager