HomeMy WebLinkAboutContracts & Agreements_181-2021LICENSE AGREEMENT BY AND BETWEEN THE CITY OF REDLANDS
AND JUAN MORALES "THE DOG HOUSE"
This License Agreement ("Agreement") is made and entered this 21 st day of September,
2021 ("Effective Date"), by and between the City of Redlands, a municipal corporation and general
law city ("City"), and Juan Morales, an individual ("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
consistent with the higher market value for a greater right, privilege or interest (such as a lease) in
the Premises.
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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 21, 2021,
and end on September 21, 2022, 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 four
hundred ($400 00) dollars for use and occupancy of the Premises. The initial and final monthly
fee payments totaling eight hundred ($800 00) dollars shall be paid to City on or before October
15, 2021 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, Cahfornia, 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.
C. The hours of operation for the Premises shall be limited to 9.00 a.m. to 4 00 p.m.,
Monday through Friday
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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 dining area at 4 00 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
and use of the Premises during the term of this Agreement. This section shall survive any
termination of this Agreement.
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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 date 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 or electronic mail transmission (including PDF), 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 in accordance with this section.
CITY__
City Clerk
_City of Redlands
35 Cajon Street
P 0 pox 3005 (mailing)
Redlands, CA 92373
jdonaldson cityofredlands.org
909-798-7531
LICENSEE_
Juan Morales
25850 Via Hamaca Avenue
Moreno Valley, CA 92551
Juansr62(a 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
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
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Section 15 Termination 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
terminate 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 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 21 st day of September, 2021, at Redlands, California
CITY OF REDLANDS
Byy�-+�;�
Paul T Barich, Mayor
ATTEST
nne Donaldson, City Clerk
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Exhibit "A"
The Dog House
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no1772'J Mo fad 1E. 211_a
Exhibit A
City Yard Vendor Space
( 324 sqft)
e
0 5 10 15 23
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