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HomeMy WebLinkAboutJORDAN-ROBERT PATISSERIE - 1982-12-0677 LEASE AVREEPIENT T is Lease Agreement is entered into thisay of -z/ 1982, by and between the CITY O HUNTII.fxTOIN BEACH, a municipal corpc:ation of Le State of California ,, herein called es,ESSr1®-1.r ,tand JORDAv RI BERn Pnt-t: TSSF,F, IE, ali.fornia rear ,'n ershi r , `nei «; :.n cal ? eci �, E-3SRE. WHEREAS, LESSOR c-':ice and , es.1res to lea-zo a Portuon of the Z`i emises of Its Huntington Central Park located at 7111 , Talbert Avenue, Huntington, Bea3,,i, "al form», ?s a c^ances,ion in t he : ibr r j i and <.,E°v`SEE des i re-z t:c -,zu e .^,u.. . „pa-,# In the ? ra_'r v , and to opp.rate a concession of *hv? trr,- regi,.'.''ed In wYiE'= ..fi.a e. 1. DESCRYT1 11 r _11,S 1' "7,A"" Space t::� be Ie a,4;ed c.,;-:st,',to of �^? s : vi: ,e feel in LESSOR'S •`�rary, in the northwest is-- rune of the lC't c-. Tvc`'?c, area a thereof, "'? i p f , extending 20 feet by 20 i ae#, with storage : 1c=•.' in the Library ba" rXd ti r eTlt . 't! E' 3'tat i.Ui'i i+ ' I F : r,a ,, t't t ::C i � � .°r 3"Y I$ subject t4, charge whenever req es s f F.n ,. R , -- r, the .y. t ,z .. .. ,,ed i+ti ..�...i:."'4.'. "r� '•.I_.�4.'��''i 1'1C.:�'. �r F: 1"'VeS.. he ri..gj�:t lr.o crti•.`a..a1F"h-eta the .�.�'+ca i.�.. c,,i. .J� ',SSEE'.,.s -- ` nl.tm.,` ion in the Library, so- long a4 the zpace pro vibe, remalincr : ,,ame In area and Is as accersible as that Brace here , 2. USE The space described herein is leased to be used as a Food ADLL: bb and beverage concession. LESSEE agrees to .^estrict the use of Vie !eased space to that purpose, and to Ikmit the business conducted thereon .to retaJ.I sales on the premises and not elsewhere. 3. TERM ,iF LEASE This 'ease sPall to for a term of 12 months, beginning Eau� % 7 982, and ending ,C),ZCD 1933. TTi M T'1y? s t• 1 are, f t(t r m h ,,y �..w'sSu+:.' &.�.2'-L,'� v �Ji:� 3S 1? t�S" LkE? �,,P .l.s£'^a Crke Ysur_dred dollars ($100) per month in advan e, on Shp first- day of each month hereof for a peri* a,d Jf six (t) TI .lntho, after which, such resit shall increase to two hundred d $_ O ; .. mont. h � I;zs six percent 6 , } cif the amo,urt cf rresz sale o, r:,ide h e r e, W., b y It , o r t;y its officers, agents and emp'd .ees. Ouch s..A 41ig,re as additional Gent shall I-o g':aI.-able qiarterly :and `hall 'aTitly Ue payable to tie eaten what 4: "x' t'tzda w40f E'r r'w>,if,It. .r[.�Eu`SEE shall tr4in3mit a re[v)rt refiCtlng the total received for r k ro : 3 ..a1. our, .nr;, eac . t ... ,: cf,uar ter to` TyaES3OR not 'Less than ter.(1VI dS�if6 ii1��il Mt',Ie and f ea,,h busi.nesc s quarter. LESSEE agreez- to p�z.,_r all exL,tn.;es in ^ionner�tion with the operation of its business. 5. 11.1 ` CESS ., CG:: LESSEE skull. rz:ez; open pAs„ageways at al: limes through and from its con`,`•ession Lo a.,Iziez and elevators of the Library without 2 r. obstruction of any kind. LEcvrf'.E'. E shall carry in .4t a", times a full line o all paper products, utenzilz and plates nti.cese ,:i.+, y to r, rry: c,n such fccd zervlce except that thAw i ESI?. R $J ail pr-- !3 d l'F. ee (3) Ci 1, and 16 chairs for use by t,:,nan t In connection with he-,ncesslon. �ESSVE agrees tc conduct .1 . ,o c `nce,.,si.on in a proper and bE;''^.%:emi.n ,annex, and in accordance with the ru"::eo and rei7ulat Drls if the Library as p_;e,,crit,ed fzomm t1me ttc t iric� by "s HEAT AND L . `11i'T r .i+' R zha l..k f urr, `.,i ,. .li .... T heat .' n'l 111a 7,tt and t 1t-,`t.r1C 1.t adeq!, ate and re%-.urinah; ry AD ERT.TS.iv., LESSEE shall � r. �:. th . rC.., j:t f f er�-3 f_- ..: i-. by at in GT'7 3s%ti:ifv3G.'tLi:,v LE:.ss>LkS? '«1.3 Y.'i.J :'f.',T' 1!t.` :3t no ^f:`Eit }}tre7a to LESSOR. 9. .xi 14Rt�LR Y Ft, i F1 Jt y, l:a)YI,. :.i.Tid <.t> r>:rria.z ;,'..'r>;r .t,':LAirit all ",.:.<r+:y C7'.'�i+r the i.:kyl�.t of j tYj `. k's35 e or any f,.Y.tie^ i is nc,j^k tall rules prc�- acribed ty %,ES 0,R fit .fix t� c .,:iKa ::xu.�i'�F�,C'';;t}..+, .'�' .{i.�e;:. .,i.C.%:'t3i';a 'i�'tC� �-11all c:tY'l— 1 v its i.� S with ,A"F._ Y) 7h ii } 1 f t t R f r( Sf dti t i t s c Inc, .�.� . n t�, i t h d „i _ ejE -a ..Y . s'�if,' Z 4, T:... r.+,. F.+xlu ... ..... .c. vj . NO OBJEr7 r*•IO'#�}x lJul;, .il"T... � S h.uSt LESSEE -shall not employ an,,,, �,Ee on in C,onc o't Zion herein leased who, is object ional,le to Skk"''Ea and on not i t:4 From TESSOt, shall remove promptly any such objectionable parties from the 11. LESSOR'S NONLIABI:LITY; INSURANCE LEKOR shall not be liable for damage of any kind to the concer-sion or to any person employed. about the same by i.E� Sr,E or to LESSEE's officers, agents, or customers. LESSEE agrees to carry at its own expense and wLth a company acceptable ,:o LESS0ii liahs3.ity, fire insurance for the Pr L mi.ses and, far; -her, comply witlh all requirements reflected in "_` S R's Resolution No. 4337, a Qopy of which is attached hereto as "B" Fr:.:+,?tIccts 1--a it ty insurance shall be in -lulled LESSEE stall furnish a wcljm t:°tf;n nana :er to be present at all times during" busMe.,. ours, who zhal' I dev,--te piss entire time and all-tertlon to thE' purTrsp '�. ;:_° riC�`.12tS and fur h r'in.- time business of the zonressio n hereiiri ea,ieJ . The .:f:: j ;; of the Uulld4 i.j Shall be at all times in the # ` :.1,4x 'i "l'.l2 bu-,3 e , r� r n � n � ?� u s sraall, be as follow > az day (� f.M. 'ue da.y - Thursday 00 p.m. Fri ay and Saturday ' ? a.n. 13. # SSI-MMENT AND 317B..EASE LESSEE shall not, c{o sign or sublet the premises leasgd, or any portion thereof, of, or permit ot2'iers to occupi it, Without LESSORS written consent. 14. SIGNS LESSEE shall not put up any signs on the inside or out- side of the pref:uises without the written consent of LESSOR. 15. NO BILLS IN LESSOR'S NAME LESSEE shall now contract bills in the name; of LESSOR_, or in any way, directly or indirect, l;, , Involve -ESSOR in any �xpen .: or liability. 16. DELIVERY AT FMD OF TEF:�; LESSEE shall deliver t-e prem., yes yea--,, cd by 111-33SOR or its successors and assigns at the end of this ien-e wer^ or of any, ,xtensicn thereof, w.Ithout further demand or not ze, and it-, as good order and repair as it is now or may ','.Wry after to put- in: a "Lowin for reasonable wear and tear. I � . LESSOR'S RT'11HT TO TERIM11NATE )AN LEOSS,.EE' S BREr" µ'iH in ca'i:. e LESSEE', fails to carry :iiit any of the terms Caw' conditions of this lease, or for n., roa cn to unat,3K,,, jror,: ly to conduct its buz ne5;z, LES..,f)R may t.er m.1.na'. e this lea e c a thirty (30) days' written notice t=.a .JE303EE. On },1rim inat,.ion all rights of LESSEE to occupy or use trh,� premises zfta11 end, and LESME and all its officers, agents, and employ&e shall at once vacate the premises quietly and peacefully. `Ierminatic:n of this lease by LESSOR stall not, prevent •-�r Interfere with LESSOP's, .-eccveryfrom LESSEE; of any rent or other payrPena w due under the provision., hereof, or from pr,iceeding to coll.,!�-ct damages ror breach of" this lease by LESSEE. '.J 1.8 . LAST MONTH' S RENTAL SECURITY DEPOSIT ;,E^SEE shall pair LESSOR concurrently with the execution of this lease the sum of two hundred dollars ($200), to be applied by LESSOR towards payment i the last month's rent under the terms hereof. RA::eipt of such sum is hereby acknowledged ledged by LESSOR. 19. 1,113"ELLANE.OUS PROVISIONS a) LESSEE agrees to pay LESSOR for any and al' losses incurred as a result of damage t-- car "Loss of all 17 ^sonal property Provided by LESSOR te... r s LESSEE r ar. ,;,art t his Agreement. C, LESSEE sha.1.1 j:?'4vi,o�F' its cw.:^i t;an�ti:r1s3.l , c.,lesidin and maintenance sere ces of to c•cst and expense. (Rest of Page INot c7sedi 20. BINDING EFFECT This Lase agreement jhall be binding on the heirs, legal representatives successors, and assigns of the parties. ;SATED �.,���� ��. 7 1982. 1TY OF H'TNTINIUT II, BEACH, a municipal corporation ATTEST: BY &J (�� 114 City Clerk AF F.:OVED AS TO FOR:-:: x"A'—v City tit Ac�.: mznisratcr * 1-50 LESSEE: i ector cf 71!f'e".unity Services a California PartrershIL N ROBBaiifSTA rtnez� CIARRYL A ;' .� N F the RESOLUTION NO. 4337 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A MINIMUM LIABILITY INSUR'NCE .LIMIT WHEREAS, there are persons engaged in various activities in the city which subject the city to possible liability for damage to property and injury to persons; and For the protection of the public health, Rafety and wel- fare, the city requires such persons to maintain insurance naming the city additional insured; and The city desires to establish uniform minimum liability limits for all such persons engaged in said various activities who are required by ordinance, resolution or otherwise to provide such liability insurance, NOW, THEREFORE, BE IT RESOLVED by the City Council. of the City of Huntington Beach that the minirrnm liability limits shall be as r0ollows 1. Combined Sin5le Limit Bodily In Jury and/or Pr22erty ramage includi S Products Liability: $300 000 combined limit per occurrence, except as otherwise provided by ordinance or contract. 2. Additional Insured Endorsement: The insured agrees that the City of Huntington Beach City Council, and/or all Cit; -ouncil appointed groups, committees, commissions, boards and an7 other City Council appointed body, and/or elective and appointive officers, servants or employees of the amity of .Junt ngton Beach when acting as such, are additional assureds hereunder. 3. Any person engaging in any activity determined by ordinance, resolution or the City Administrator to subject the i;ity to a Fo.,�sibility of liability shall provide the city with a certificate of insurance containing the additional insured endorsement and, the hold harmless agreement. Jc, : er l . 4. Hold Harmless Agreement: The insured agrees to �u protect, defend, indemnify and save harmless the City of Huntington Beach against loss, damage or expense by reason ` of any suits, claims, demands, judgments and causes of action paused by insured, his employees, agents or any subcontractor, arising out of or in consequence of the performance of all or any operations covered by the certificate of insurance, and such insurance shall be primary to any insurance of the city. Resolution No. 4013 and all other, resolutions in conflict herc,vith are hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at an adjourned regular meeting thereof held on the 6th day of October, 1076. ATTEST: —7 Ci5y Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORA: ` E A . ng City Adminstrator City Attorne APPROVED, 'MITI INO DEPARTMENT: NO FISCAL IMPACT f FISCAL IMPACT - C' ")GETEr) 11, t1tw Y113U11W FISCAL IMPACT NOT BUDGETED - HunUngton Beach, Cent. of REQUIRES FINANCIAL IMPACT REoORT 2` , STATE OF CALIFORNIA } COUNTY OF ORANGE CITY ©k HUMr IW ON BEACH } 1, ALICIA M. 63IMMORTH, the duly elected, qualified City Clerk of the City of Huntingtoo Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whale number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmativ4t vote of more than a majority of all the tears of maid City Council at a regultix adjourned -meeting thereof held on the 6th day of October _, 1976 by the folloviing vote; AYES: Councilmen: Bartlett, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: Councilmen; AF None ABSENT- Councilmen; pattinson i City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California I mpimadcet+.....ate ril - CERTIFICATE OF INSURANCE - Approved as to Form.. C:ty of Huntingtcn Leach TO Gail Hutton, City Attt,riit y City Attorney P. 0- Box 190 CITY OF HUNTINGTON BEACH, CALIFORNIA Huntington Beach„ CA 92648 �� COPY tix ROK Manager otter eppraVel A MUNICIPAL CORPORATION This is to certify that the policies of insurance as doscribad below have been issuod to the in. -red by the undersign and aro in force at this tuna. 1) those policies err cancelled or changed in such a manner that will affect this cortlficate, the insurance company agrees to giro 10 days prior written notice; by mail, ,o City of Huntington Beach P. O. Box 711, Huntington Beech, California 92648 ALL ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WAITING BY THE CITY ATTORNEY. Name of Insured ��A' r7�g tt' JLBC=.cfi' _ % i S Sd: Address of insured-- " +=" �'J✓e�.+..+ `}aJ.s4_,✓ f-c'i'✓�7 /�%C? jr L+ y Location of World ni- Operations to be performed�� ��/C✓'c`= / T' _� ! r �L'tr� TLC/J 1, Description of Work or Operations POLICY DATES LIMITS OF LIABILITY NAME OF COMPANY Effective Expiration POLICIES IN FORCE POLICY NO. to Thousands (aaol (INS`) ABILITYGENERAL REIIPLI FORM CSL 1-9&'"�'` 1>1 PREMISES,OPERATIONS •�.. �" EacltOccuranctr, I I EXPLOSION RICO COLLAPSEHAZARD L I . UNDERGROUND HAZARD it l PRC `UCTS COMPLETED OPERATIONS HAZARD li'I CONTRACTUAL :I.NSURANCE. I)CI OROAOFORM PROPERTY. DAMAGE I$() IIRDEPENDENT CONTRACTORS ki PERSONAL INJURY AUTOMOBILE LIABILITY ( I COMPREHENSIVE FORM I I OWNED g CSL L I HIRED - J Each ii LC,Lr7nC8 F I NON -OWNED EXCESS LIABILITY ('I UMBRELLA FORM I I OTHER THAN UMBRELLA FORM. WORKERS' COMPENSATION and EMPLOYERS`LIABILITY {�L>•Jr ��Lj Z �Id 3� // � TI 4J G/ Additional Insured Endorsement: The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups,, cumtritte':s, commissions, bonds and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the City of Huntington Beach, when acting as such are additional insureds hereunder, for the acts of the insured, and such insurance shall be primary to any insurance of the City of Huntington Beach, as their interest may appear, Date Y' AUTHO ED REPRESENTATIVE OF INSURANCE COMPANY INSURANCE COMP NY �� %�!✓ _'.�C.*�`j IZ-- Name iQ .GX/r.3� I-Zlilti " _,,,... � Address Address st j city I City 1J�CnSa - 7 HOLD HARMLESS AGREEMENT {to be executed by insured) The insured ' , agrees to protect, defend, indemnify, save, and hold harmless the City of Huntington Beach its offit,em agents, and employees against any liability, loss, damage, cost, or expenra by reason of any and all liability, suits, claims, demands, judgments and causes of action caused by insu d, his employees, agents or any subcontractor or by any third party arising out of or in consequence o: the performance of all or ny ooeratto or getivity for which this certificate of insurance is furnished, " (1) Sole Proprietorship lZl Partnership (3) Ccrp� ti ( .Oth ate) IfDLD HILRMLESS S#GNEtI; By Insureds (Ail name: thali be printed or typed By Insured: * Title d ' below eac.Ir sigtratura,l I y , If Corporation, TWO Officers must sign, or present evidence of authorization to bind Corporation. F1 'z 2000 MAIN A REE f CALIFnRNIA 92648 OFFICE OF THE CITY CLERK December 7, 1982 Robert Musial Darryl Jordan dba Jordan -Robert Patisserie 1538 E. Broadway Long Beach; CA. 92802 The City Council of the City of Huntington Beach at its regular meeting, held c December 6, 1982, approved an agreement between the City and your firm for t-+e cateri-rg service at the HuntingtonBeachCentral library patio area. Enclosed is a copy of the executed agreement for your file. 1f you have any questions, please contact the Director of Coumnur.ity Services at 536-5292. Alicia M. Wentworth City Clerk MIN: b t Enclosures CC: Vince Moorhouse Di r-,-t;or of Community Services Judy John, Finance Orange County Assessor's Office (Tolepht,ne; 714•635-5217) REQUER FOR CITY COi. NC ACTION Date November 15, 1982 Submitted to: The Honorable Mayor and. City Council Submitted b Charles W. Thompson, City Administrator_ ^LL ._, I x Prepared by: Vincent G. Moorhouse, Director, Comm .pity Service5l_'` Subject: Agreement with Tordar, Robert Pat'sser'eVC Statement of Issue, Recommend,:! -i, Analysis, Funding Source, Alternative. Actions, Attachments: STATEMENT OF ISSTT E 4ordan Robert Fatisserie proposes to conduct a pastry and beverage sales operation in the patio area of Central Library. The city would realise a minimum of $18CO for this one year contract. RECOMMENDATION Approve the one year agreement witf. T cr an Robert Patisserie and authori- e Mayor to appr-ove same. I! ANALYSIS Robert Musial and Darryl ordar. propose tc- serve FrwncY pastries and finger sandwiches in the Central Library's lower p atic area. F000 will be prepared at a bakery in Long , brought 4 �. p pa._ , j � .nx: lea:, a a.i� i.:. c�u �t in. Fresh coffee and a variety of teaz will also be erved. Rental for the � portion of the library drill be *110 p r month for the first six months, � after which, said rent shall 11-crease vier month, plus F percent of grass sales shall be paid quarter!., ;and only tc t-he extent that they exceed $200 per month. The patio area tc be rentt;al is a�urre :tly :.ksed a: a reading- area and will continue to be used as such. The will also offer ,its services to patrons re tini- ti,,e librkr;Y 7r;eti.r;ir r-orlo, "he city will receive the Same LerCe 3ta e from rr�'d�t2;tkt' rr a i t': +'r�.n suchcatering, in addition to the actual rental for t1he :oo It is believed that available catering will increase 'this use. I FUNDING SOURCE None. ALTERNATIVE ACTIONS Reject proposal of Patisserie and �-o out to bid for service. ATTACHMENTS Agreement As Pia 4/81