HomeMy WebLinkAboutSAMMATH TAN AND HENRY AND MELYNDA TAN - 2006-10-16 /0,0 6',,SMj-t -h)
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2006 OCT 74 PH 5: 37 "
Council/Agency Meeting Held: D b 6 Gi(° ` t�l 4 ,
CITY OF
Deferred/Continued to: EUNTIPJIGTOt3 E�ACIA
X(,A roved ❑ Conditionally Approved ❑ Denied `C1R'%bWCi lerk Sig ure
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Council Meeting Date: 10/16/2006 Department ID Number: ED 06-42
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAY R AND CITY 9OUNCIL
A
SUBMITTED BY: PENtP—ECRETH-GR FT, DPA, CITY ADMINISTRATOR
PREPARED BY: ST NSMALEWITZ, DIRECTOR OF ECONOMIC DEVEOLPMENT1� �
SUBJECT: Approve License Agreement for Operation of Food Concession at
the Huntington Beach Civic Center Complex
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Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: The City Council is asked to approve a License Agreement for
management of the snack shop within the basement level of the Huntington Beach Civic
Center Complex. The staff selection committee recommends retaining the services of the
Tan family (dba City Cafe) to operate the lower level snack shop space.
Funding Source: N/A
Recommended Action: Motion to:
1. Approve the License Agreement between the City of.Huntington Beach and Sammath,
Henry and Melynda Tan for operation of a food concession at the Huntington Beach
Civic Center complex.
2. Authorize execution of the License Agreement by the Mayor and City Clerk.
Alternative Action('): Do not approve the License Agreement as submitted and direct staff
to renegotiate the terms and conditions.
REQUEST FOR COUNCIL ACTION
MEETING DATE: 10/16/2006 DEPARTMENT ID NUMBER: ED 06-42
Analysis: The previous snack shop operation on the lower level of the Huntington Beach
Civic Center ceased operations several years ago, and the State of California removed the
equipment owned by the state with the snack shop location remaining vacant to date.
After months of staff deliberations to determine the best concept for the snack shop use, a
plan and an approach to solicit interest in this space were identified. Several small
restaurant operations and catering companies were approached and proposals solicited.
Two proposals were received out of the five potential providers of food service. A review of
the proposals was performed and the subject proposal was found to be most responsive to
the City of Huntington Beach's needs and scope of desired service.
Key factors in the review were cost exposure to the city, quality and variety of foods and
snacks proposed, estimated prices of foods and snacks to be offered for sale, dedication of
management and staffing for a successful operation, and flexibility of the proposed licensee
to meet the needs and scope of the City of Huntington Beach snack shop operation.
With several other venues in Southern California, the Tan's are familiar with the City's
expectations for operation. They will spend $30,000 for improvements to make the space
operational. As is standard with the City's other concession agreements, this amount will be
credited to the Tan's over the term of the lease. The proposed contract includes a monthly
lease payment of $500 and has a ten-year term with the possibility of three, five-year
extensions. Further, the proposal seeks to fulfill the following benefits that are important to
City employees and City Hall patrons:
• Selection: A wide choice of fresh, bakery items (many homemade) and bagels;
breakfast sandwiches, luncheon sandwiches, soups, salads, a variety of gourmet
coffees, hot chocolate and tea and cold drinks.
• Customer Service: City Cafe is committed to providing the highest level of
attention and favorable hours of operation to all patrons.
• Competitive Pricing: All products/services will be competitively priced as
illustrated on Attachment 2, relative to comparable cafeterias/snack shops and
catering services.
Food Quality: City Cafe acknowledges the preference for high-quality ingredients
as customers are learning to appreciate the qualitative differences. The message
that the snack shop will seek to communicate is that it offers the freshest, most
creative, health conscious, reasonably priced and convenient meals.
On August 14, 2006, staff presented the Tan family proposal to the Council's Economic
Development Committee. Committee Members favorably directed staff to proceed with a
License Agreement with the Tan family for consideration by the City Council
G:\Steve\Temp\RCA Snack Shop food service.doc -2- 10/9/2006 5:37 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE: 10/16/2006 DEPARTMENT ID NUMBER: ED 06-42
Environmental Status: The project is categorically exempt pursuant to the California
Environmental Quality Act, Section 15301.
Attachment(s):
City Clerk's
Page Number No. Description
1. License Agreement between the City of Huntington Beach and
Tammath, Henry and Melynda Tan.
Exhibit A: General Description
Exhibit B: Map Depicting the Premises
Exhibit C: Licensee's Proposal
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G:\Steve\Temp\RCA Snack Shop food service.doc -3- 10/9/2006 5:37 PM
License Agreement
ATTACHMENT , 1
LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON
BEACH AND SAMMATH TAN, HENRY TAN, AND MELYNDA TAN
FOR OPERATION OF A FOOD CONCESSION AT THE
HUNTINGTON BEACH CIVIC CENTER COMPLEX
THIS LICENSE AGREEMENT (the "Agreement") is made and entered into by and
between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of
California ("City") or ("Licensor") and SAMMATH TAN, HENRY TAN, AND MELYNDA
TAN ("Operator") ("Licensee") collectively (the"Parties").
WHEREAS, City wishes to provide for the management of certain real property (the
"Property"), described as a food concession cafe space for the sole purpose of operating a food
concession at the basement level of the Huntington Beach Civic Center Complex, located at
2000 Main Street, Huntington Beach, California. The term "Premises" as used in this
Agreement shall mean both the Property and the Improvements. Operator desires to operate and
manage the Premises in the manner set forth below.
NOW, THEREFORE, the parties covenant and agree as follows:
SECTION 1. GRANT OF CONCESSION ON THE PREMISES
City, pursuant to the terms of this License, grants to Licensee for the purposes stated
herein, the right, privilege and duty to equip, operate and maintain a concession open to the
public and City employees located on the Premises (hereinafter sometimes referred to as the
"Concession"). 1
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Licensee will be required to comply with the City's existing exclusive license agreement
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with Coca-Cola. Licensee shall not use.the Premises for any other purpose or business other
than those specifically provide for herein. The cafe area is located in the central area ofi the
lower level of City Hall, across from the Credit Union and near City Council Chambers. Besides
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this space, the Licensee will have two other spaces available for patron seating: the adjacent east-
west hallway leading to the back patio and the back patio; at the sole discretion of the City,
Licensee may occasionally use the back patio area to prepare barbeque meals. The occasional
use of the back patio area.must be approved by the City, and will be for a limited time as
determined by the City. Licensee must obtain written approval prior to using the back patio area
(Together the areas generally described above shall constitute the "Licensed Space" or
"Premises").
The description of the Premises is set forth in Exhibit "A", which is attached and
incorporated herein by this reference. A map depicting the Premises is set forth in Exhibit "B",
which is attached hereto and incorporated herein by this reference. This License is not intended
to confer third-party beneficiary status to anyone'.
Licensee ,will obtain at its sole expense all licenses and/or approval necessary for its
operation of a cafe on the Premises and shall maintain such licenses/approvals throughout the
time it uses the Premises. Licensee will comply with all local, state, and federal laws and-
ordinances in operating the cafe.
SECTION 2. ACCESS TO AND USE OF PREMISES
Current hours of operation for City Hall: 8:00 AM — 5:00 PM, Monday through Friday,
excluding City-recognized holidays. Current working hours for most City Hall employees: 7:30
AM—5:30 PM, Monday through Friday, excluding City-recognized holidays.
Licensor retains the right, in its sole discretion, to limit the hours of operation to the hours
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of 7:00 AM—4:00 PM, Monday through Friday. For the purposes of food preparation, cleaning,
etc., the Licensee will be allowed regular access to the premises between the hours of 6:00 AM
and 8:00 PM Monday through Friday, excluding City-recognized holidays. Later operating
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hours may be allowed to accommodate City Council or other public evening meetings, or as
otherwise necessary. The Licensee shall have no right to use the premises except during those
hours described herein or as specifically approved by the Real Estate Manager or his/her
designee, which permission shall not be unreasonably withheld. The cafe operation shall not
interfere with the normal operations of City Hall.
Deliveries must be made through the back loading area of the building. Deliveries need
to be carried into the building, directly to the cafe. The Licensor will not accept deliveries on
behalf of the Licensee nor assume responsibility for any products left in the City Hall loading
area.
The seating area of the cafe, including the adjacent hallway and patio, shall be available
during the operating hours to all City employees and the public regardless of whether they have
purchased a beverage or food item from the Licensee.
There are public restrooms available on the lower level of City Hall that may be used for the
Licensee's employees and patrons.
SECTION 3. PERSONNEL REQUIREMENTS
a. The Licensee will be required to employ the optimum number of employees to match
the work requirements. Service is expected to be timely, attentive, and friendly, and
each employee should: a) be clean, neat, and well-groomed; b) be free from offensive
body odor; c) be professional, courteous, and friendly to the public; d) have a
thorough health examination before employment at City Hall; and e) not wear
excessive amounts of jewelry, perfume, or cologne. The Licensee shall require its
employees to comply with all instructions, regulations, and codes of conduct as
specified by the City.
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b: An on-site manager with the experience and qualifications must be present during
daily operations. The person(s) designated as manager is subject to approval by the
Licensor and once approved may not be changed or replaced without the prior
consent of the City.
c._ The Licensee or on-site manager must be present in the cafe during lunch during
serving hours (11:30 AM to 1:30 PM). During all other operating hours, the manager
or an approved assistant may be present.
d. Employees of the Licensee shall be appropriately uniformed when performing their
work assignments in the cafe. The term appropriate uniform is interpreted to include
all apparel, visible badges, hats, hairnets, etc. The Licensee must submit samples of
uniforms and other apparel of all service personnel for approval by the City prior to
commencement of services.
e. Employees of the Licensee shall not take breaks during peak hours of operation (8:00
AM to 9:00 AM, and 11:30 AM to 1:30 PM).
SECTION 4. RESERVATIONS AND ENCUMBRANCES
a. City expressly reserves a right to enter upon the Premises with as much advance
written, verbal or electronic notice as possible to Licensee for any reason
associated with public health, safety or welfare, or for the protection of life, limb
or property. In all other cases unless otherwise specifically set forth herein, City
reserves the right for such entry but City shall give Licensee at least twenty-four
(24) hours advance written, verbal or electronic notice.
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b. City expressly reserves the right to license, convey, or encumber the Premises, in
whole or in part, for any purpose not inconsistent or incompatible with the rights
or privileges of Licensee under this License.
C. This License is subject to pre-existing contracts, licenses, licenses, easements,
encumbrances and claims affecting the Premises and it is made without warranty
by City of title, condition or fitness of the licensed property for the stated or
intended use.
SECTION 5. TERM
The Term of the License shall be ten years with the possibility of three additional 5-year
terms at the mutual consent of both parties, from the date of execution hereof. The License shall
commence at 12:01 a.m. on f , 2006, for a ten (10) year term, which shall end at
14:59 p.m. on D 3 , 2016 unless extended, or sooner terminated, as provided for
herein.
The Licensor may terminate the agreement at any time upon written notice to
Licensee for any reason, including convenience or cause. In the case of a termination for the
Licensor's convenience,. the Licensee will be given 60 days written notice and will be
compensated for any unamortized capital investment made in the Concession.
SECTION 6. CONDITIONS OF PREMISES
The taking of possession of the Premises by Licensee shall, in itself, constitute
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acknowledgment that the Premises are in good and tenantable condition. Upon taking possession
of the Premises, Licensee agrees to accept the Premises in their presently existing condition, "as
is", and agrees that City shall not be obligated to make any alterations, additions or betterments
thereto.
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SECTION 7. DURATION OF PUBLIC FACILITIES
By entering into this License, City makes no ,stipulation as to the type, size, location or
duration of public facilities (excluding the Premises), including, without limitation, any City
parking lots to be maintained on property owned, controlled or occupied by City..
SECTION 8. ADDITIONS, ALTERATIONS AND REMOVAL
a. No modifications, alterations or additions to the Premises, including, without
limitation, construction of Improvements or changes to structural design,
landscape design, or interior or exterior furnishings, shall be constructed or made
by Licensee without Licensee first obtaining the prior written approval of City.
b. Except as provided under this License, no alteration or removal of existing
Improvements on or natural features of the Premises shall be undertaken without
Licensee first obtaining the prior written approval of City.
C. Licensee's obligation to obtain City's prior written approval is separate and
independent of Licensee's obligation to obtain any permits from City, such as,
without limitation, a building permit.
d. Any equipment, furnishings, fixtures, or appurtenances the installation of which
requires a permanent alteration to the premises shall become the property of the
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Licensor upon expiration or termination of the agreement. The Licensor may, at
its discretion, allow the Licensee to remove equipment, fixtures, or appurtenances
if the Licensee, at its own expense and to the Licensor's satisfaction, restores the
premises to its condition prior to installation.
e. The Licensor will, without obligation, consider modifications to the facility which
the Licensee desires to enhance serviceability. All such modifications will be
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performed by, or overseen by the Licensor's crews or contractors. In no instance
shall failure by the Licensor to perform a requested modification relieve the
Licensee from fully performing its obligations under the agreement.
SECTION 9. FACILITIES AND EQUIPMENT:
The Licensee will prepare a design for the cafe, which will be subject to City approval.
Because the area available for the cafe and patron seating is limited and subject to change from
time to time, special attention must be given to the organization of each element. All elements
are to be designed as an integral part of the cafe and must remain mobile in nature to
accommodate any future space design changes. Generally, the design must adhere to these
guidelines.
Careful attention is to be given to each piece of equipment and how it will be viewed by
the public. Artificial wood grain or other simulated material finishes are not permitted on
equipment. Natural metal, glass, or porcelain finishes are acceptable. All equipment is subject
to design.review and approval by the Real Estate Manager and/or his/her designee.
a. Structures such as canopies and sneeze guards are not acceptable.
b. Neon, exposed fluorescent, and track lighting are not permitted.
C. Signage/menu boards are subject to approval.
d. Cabinets and drawers are to be designed to be lockable.
e. The Licensor will not be responsible for damage, loss, or theft of property in the
Concession.
The Licensee will complete improvements to the Concession area as described in the
Licensee's proposal (attached hereto as Exhibit C and incorporated herein by reference).
Licensee shall be responsible for providing any additional equipment which it deems necessary
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by reason of its operation of the cafe in the premises. All such additional equipment to be
delivered to or installed in the premises must be approved in advance by the Real Estate Manager
or his/her designee and the Public Works Director, or his/her designee. The Licensee will not
perform any spatial modifications,to the Premises.
The Licensee shall be responsible for providing additional equipment and furnishings
including but not limited to tables, chairs, and waste receptacles required for the convenience of
customers in the cafe or seating area. Any such furnishings purchased pursuant to section 24,
Rent Credit provisions of this License shall remain the property of the City. All other equipment
and furnishings shall be promptly removed upon expiration or termination of the agreement.
The Licensee shall provide all required equipment, furnishings, appliances, dishware,
flatware;.paper goods, and other utensils required for the serving and consumption of the menu .
items. ,Commercial quality paper/plastic ware for customer use will be acceptable. Licensee will
be .required to comply with the City's ordinance prohibiting the use of Styrofoam products at
City.facilities. The Licensee is strongly encouraged to use recycled products (i.e. paper coffee
cups, etc.)
The Licensee does not guarantee, the uninterrupted provision of electricity or other
utilities or service except to ensure ,that, all reasonable and diligent efforts will be pursued in
restoring interrupted service. The Licensee shall not be held liable for any losses incurred by the
Licensor which may result from interruptions or failure of such service.
SECTION 10... RENT
The initial base rent will be $500.00 per month with the cost of electricity, water, and
sewer provided by the Licensor. Rent will begin the first month the Concession is open to the
public. In the case that the first month of operation is not a full month, rent will be pro-rated.
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The Licensee will make rent payments within 30 days of the last day of each preceding month.
If the. Licensee is delinquent f6r 30 days or longer in paying any amount owed under the
agreement, the Licensee shall. pay to the Licensor 10% of rent, accrued monthly until the
payment is made in full. Base rent will be automatically adjusted effective upon the date of the
first renewal, to an amount determined as follows: the base amount as then in effect (i.e., as
established by this section and subsequently. determined) shall be increased by the annual
I ercentage increase in the Consumer Price Index (all items, Base 1982-84=100) as published by
the United States Department of Labor Statistics, for all consumers for the Los Angeles,
Riverside, Orange County, CA Metropolitan Statistical Area for the 12 month period beginning.
16 months prior to the anniversary date per the License Agreement.
Licensee shall pay the rent monthly to City at the City Treasurer's Office, P.O. Box 711,
Huntington Beach, California, 92648, or at such other place or places as City may from time-to-
time.designate by written notice delivered to Licensee. Licensee shall pay the rent; which must -
be received by the City Treasurer within fifteen (15) calendar days after the,end of the month for
which the rent is being paid, or on the next business day if the fifteenth day falls on a weekend or
holiday.
SECTION 11. LATE CHARGE AND PENALTY
If the rent is not received by the City Treasurer within fifteen (15) calendar days after the
end of the month for which the rent is being paid, or the next business day if the twentieth day
falls on a weekend or holiday, Licensee shall pay the following late charge and penalty: (1) a
late charge of ten percent (10%o) shall be applied to any outstanding balance after any payment
hereunder is due but unpaid; and (2) one and a half percent (1 11/2%) penalty per month shall be
added for each month the rent is due but unpaid. With respect to any other payments required by
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Licensee, a one and a half percent (1 11/2%) penalty per month shall be added for each month such
payment hereunder is due but unpaid.
SECTION 12. BOOKS AND RECORDS
Licensee shall keep true and, accurate books and records showing all of its business
transactions in separate records of account for the Concession in a manner acceptable to City,
and City and/or its designated representatives shall have the right, at all reasonable times, to
inspect such books and records including, without limitation, State of California sales or use tax
returns or other State return records, and Licensee hereby agrees that all such records and
instruments shall .promptly be delivered and made available to City and/or its.•.designated
representatives within thirty (30) days of receiving written request therefore. Licensee shall
furnish to City, and/or its designated representatives copies of its quarterly.California sales and
.,use tax returns at the time each is filed with the State of California.
The books and records shall show the total amount of Gross Sales made each calendar
�montlrin; on, or from the Premises and any exclusions listed in Section 13 above. All sales and
charges shall be recorded by means of cash registers which.display the amount of the transaction .
certifying the amount recorded. The register shall be equipped with devices which log in daily
sales totals and which shall record on tapes the transaction numbers and sales details. Licensee
agrees to maintain on the Premises, or another location subject to the prior written approval of
City, all records, books of account and cash register tapes, showing, or in any way pertaining to
the Gross Sales .made in, on, or from the Premises, including, without limitation, State of
California sales or use tax returns or other State tax returns, for a period of five (5) years
following the close of each calendar month.
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SECTION 13. USE OF COCA-COLA PRODUCTS
Licensee shall comply with City's exclusivity agreement with the Coca-Cola Bottling
Company of Southern California ("Coca-Cola"). This includes all carbonated and non-
9 arbonated, non-alcoholic beverages defined as soft drinks, juices, juice drinks, teas, isotonics,
water and frozen beverages. Frozen beverages shall not include ice creams and frozen yogurts.
,Licensee's failure to adhere to the Coca-Cola exclusivity clause shall 'constitute a Default of this
License as defined in Section 36 below. This exclusivity shall not apply to third-party rentals
that bring their own drink products.
SECTION 14. QUALITY OF SALES, RENTALS AND SERVICES
Licensee, at its sole cost and expense, shall equip, operate, manage and maintain the
Premises. and Concession and shall keep the same equipped and maintained in..a manner
acceptable to City during the entire term of this License or any renewals or extensions thereof or
during any holdover period.` It is the intent of City that the cafe's services be provided in a
manner to meet.the needs of the visiting public, and should City deem the cafe's hours of
operation and/or food, merchandise, services or rentals inadequate to meet such needs,
City may require Licensee to make such changes requested by City. Licensee's Proposal;
including management plan and menu (Exhibit C) has'been reviewed and approved by the City.
Any request to modify the Proposal (including prices and menu items).must be in writing
submitted to the City. City reserves the right to reject any proposed modifications to the
Proposal. Licensee.shall not use or permit the Premises to be used, in whole or in part, during
the entire term of this License or any renewals or extensions thereof or during any holdover
period for any purpose other than as herein set forth, without the prior written consent of City.
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Except as permitted in advance in writing by City, all foods and beverages shall be sold
in disposable paper or plastic containers. No pull-top cans or styrofoam containers are to be
vended or dispensed from the Premises unless pre-approved in writing by City. Licensee,
wherever feasible,shall eliminate.the use of non-recyclable containers and plastics. City may
from time to time review the items sold and containers or utensils used or dispensed by Licensee.
City reserves the right to prohibit the sale or use of non-recyclable containers or plastics.
City in its sole discretion reserves the right to prohibit Licensee's sale, provision or rental
of any item or service rendered or performed, which it deems objectionable or offensive, beyond
the scope deemed necessary for proper service to the public, inappropriate for sale, provision or .
rental by the Concession, or of inferior quality.
.�'SECTION 15. INDEMNIFICATION, DEFENSE AND HOLD HARMLESS AGREEMENT
-Licensee hereby agrees to protect, defend, indemnify and hold harmless City, its officers,
elected:or appointed officials, employees, agents and volunteers from and against any and all
claims,=.Aamages, losses,.expenses, judgments, demands and defense costs (including, without
limitation, costs and fees of litigation (including arbitration) of every,nature or liability of any
kind or nature) arising out of or in connection with (1) the use or occupancy of the Premises by
Licensee, its officers, employees or agents, or(2) the death or injury of any person or the damage
to property caused by a condition of the Premises, or (3) the death or injury of any person or the
damage to property caused by any act or omission of Licensee, its officers, employees or agents,
or (4) any failure by Licensee to keep the Premises in a safe condition, or (5) Licensee's (or
Licensee's agents and/or sublicensees, if any) performance of this License or its failure to
comply with any of its obligations-contained in this License by Licensee, its officers, agents or
employees except such loss or damage which was caused by the sole negligence or willful
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misconduct of City. Licensee shall hold all Trade Fixtures, personal property and trade
inventory on the Premises at the sole risk of Licensee and save City harmless from any loss or.
.damage thereto by any cause whatsoever, except such loss or damage which was caused by the
sole negligence or willful misconduct of City. Licensee will conduct all defenses at its sole cost
and expense and City shall approve selection of Licensee's counsel. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as limitation upon the amount of indemnification to be provided by Licensee.
SECTION 16. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
INSURANCE
Licensee acknowledges awareness of Section 3700 et seq. of the California Labor Code,
which requires"every employer to be insured against liability for workers' compensation. Licensee
covenants that it shall comply with such provisions prior to the commencement of this License.
Licensee shall obtain and furnish to.City workers' compensation and employers' liability insurance
in amounts not less than the State statutory limits. Licensee shall require all sublicensees and
contractors to provide such workers' compensation and employers' liability insurance for all of the
sublicensees' and contractors' employees. Licensee shall furnish to City a certificate of waiver of
subrogation under the terms of the workers' compensation and employers' liability insurance and
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Licensee shall similarly require all sublicensees and contractors"to waive subrogation.
SECTION 17. GENERAL PUBLIC LIABILITY INSURANCE
In addition to the workers' compensation and employers' liability insurance and
Licensee's covenant to defend, hold harmless and indemnify City, Licensee shall obtain and
furnish to City, a policy of general public liability insurance, including motor vehicle coverage
against any and all claims arising out of or in connection with the Premises. This policy, shall
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indemnify Licensee, its officers, employees and agents, while acting within the scope of their
duties, against any and all claims arising out of or in connection with the Premises, and shall
provide coverage in not less than the following amount: combined single limit bodily injury and
property damage, including products/completed operations liability and blanket contractual
liability, of One Million Dollars ($1,000,000.00) per occurrence. If coverage is provided under a
form which includes a designated general aggregate limit, the aggregate limit must be no less
than One Million Dollars ($1,000,000.00) for the Premises. This policy shall name City, its
officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds,
and shall specifically provide that any other insurance coverage which may be applicable to the
License shall be deemed excess coverage and that Licensee's insurance shall be primary.
"Under no circumstances shall said above-mentioned insurance contain a self-insured
retention, or a "deductible" or any other similar form of limitation on the required coverage.
SECTION 18. PROPERTY INSURANCE
Licensee shall provide before commencement of this License and shall obtain and furnish
to City, at Licensee's sole cost and expense, property and fire insurance with extended coverage j
endorsements thereon, by a company acceptable to City authorized to conduct insurance business
in California, in an amount insuring for the full insurable value of all Improvements,.Trade
Fixtures, personal property whether or not owned or licensed by Licensee, and all trade inventory
in or on the Premises against damage or destruction by fire, theft or the elements. This policy
shall contain a full replacement cost endorsement naming Licensee as the insured and shall not
contain a coinsurance penalty provision. The policy shall also contain an endorsement naming
City as an Additional Insured. The policy shall contain a special endorsement that such proceeds
shall be used to repair, rebuild or replace any such Improvements, Trade Fixtures, personal
06-459/4281 14
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property whether or not owned or licensed by Licensee, and all trade inventory so damaged or
destroyed; and if not so used, such proceeds (excluding any insurance proceeds for Trade
Fixtures, personal property whether or not owned or licensed by Licensee, and trade inventory,
but only to the extent the insurance proceeds specifically cover those items) shall be paid to City.
The policy shall also contain a special endorsement that if the Premises are so destroyed
triggering the parties' ability to terminate as set forth in Section 52 (Destruction) below, and
either party elects to terminate the License, the entire amount of any insurance proceeds
(excluding such proceeds for Trade Fixtures, personal property whether or not owned or licensed
by Licensee and trade inventory, but only to the extent the insurance proceeds specifically cover
those items) shall be paid to City. The proceeds of any such insurance payable to City maybe
used, in.the sole discretion of City, for rebuilding or repair as necessary to restore the Premises
or for any such other purpose(s) as City sees fit.
This policy shall also contain the following endorsements:
a. The insurer shall not cancel or reduce the insured's coverage without (30)
days prior written notice to City;
b. City shall not be responsible for premiums or assessments on the policy.
A complete and signed certificate of insurance with all endorsements required by this
Section shall be filed with City prior to the execution of this License. At least thirty (30) days
prior to the expiration or termination of any such policy, a signed and complete certificate of
insurance showing that coverage has been renewed shall be filed with City.
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SECTION 19. INCREASE IN AMOUNT OF GENERAL PUBLIC LIABILITY
AND PROPERTY INSURANCE
Not more frequently than once every two (2) years, if, in the sole opinion of City, the
amount and/or scope of general public liability insurance in Section 21 above and/or property
insurance coverage in Section 22 above at that time is not adequate, Licensee shall increase the
insurance coverage as reasonably required by'City.
SECTION 20. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED
ENDORSEMENTS
Prior to commencement of this License, Licensee shall furnish to City certificates of
insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage
as-required by this License; these certificates shall:
a. provide the name and policy number of each carrier and policy;
b. shall state that the policy is currently in force; and
C. shall promise to provide that such policies shall not be canceled or modified
without thirty (30) days' prior written notice of City; however ten (10)
days' prior written notice in the event of cancellation for nonpayment of
premium, which 10-day notice provision shall not apply to property insurance in
Section 22 above.
Licensee shall maintain the foregoing insurance coverage in force during the entire term
of the License or any renewals or extensions thereof or during any holdover period.
The requirement for carrying the foregoing insurance coverage shall not derogate from
Licensee's defense, hold harmless and indemnification obligations as set forth in this License.
City or its representatives shall at all times have the right to demand the original or a copy of any
06-459/4281 1
or all the policies of insurance. Licensee shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove required.
SECTION 21. INSURANCE HAZARDS
Licensee shall not commit or permit the commission of any acts on the Premises nor use
or permit the use of the Premises in any manner that will increase the existing'rates for, or cause
the cancellation of any liability, property, or other insurance policy for the Premises or required
by this License. Licensee shall, at its sole cost and expense, comply with all requirements of any
insurance carrier providing any insurance policy for the Premises or required by this License
necessary for the continued maintenance of these policies at reasonable rates.
SECTION 22. MAINTENANCE OF PREMISES
.- Licensee agrees to maintain the Premises in good order and repair,at Licensee's sole cost
!and expense, during the entire term of this License or any renewals or extensions thereof or
during.any-holdover period, pursuant to the City's maintenance standards. Except as provided
above, Licensee; at its sole cost and expense, shall perform any maintenance and repairs
including, without limitation,the following:
a. All equipment, including, all optional equipment provided by the. Licensee,
including but not limited to soda display cases, and other refrigerated cases, shall
be serviced at Licensee's expense at least semi-annually to ensure proper
operation. Service to heating and cooling equipment must include compressors,
coils, and related mechanical components. It shall be the Licensee's
responsibility to ensure that all display cases are moved and the compressors,
coils, interior, and exterior of machines/equipment washed and cleaned of dirt,
dust, grease, and debris including behind and beneath the units (regardless of
06-459/4281 17
size). Upon expiration of the agreement, the equipment belonging to the Licensor
shall be left in a condition correspondent to its status at contract commencement,
normal wear and tear expected.
b. The Licensee shall comply specifically with all cleaning requirements listed
herein and shall maintain all areas of the cafe space in a clean and sanitary
manner in accordance with the highest industry standards. The Licensee shall
train all employees in a "clean-as-you-go" policy. The cafe facilities will be
subject to regular inspection by City and County officials.
C. Cleaning frequency of processing areas shall be mandated by the types of food
processed and any change in operation for that area. Also, at the end of each
working day, utensils, equipment, and surfaces used in.processing shall be washed
and sanitized. Non-food contact areas and equipment shall be cleaned as often as
necessary to prevent buildup of dirt, food particles, and other debris.
d.., The Licensee must provide a plan for the daily and monthly cleaning schedule in
addition to a listing of qualified personnel or contractors to perform those duties.
All cleaning shall be coordinated by and the responsibility of the Licensee,
working through the City Hall maintenance supervisor when necessary.
e. Continually through the day the Licensee shall keep clean the floor in the food
preparation and serving areas and shall ensure the seating area, including tables
and chairs, are clean and free of crumbs and other debris. On a weekly basis, the
Licensee shall wash and wax the floors.
f. Cafe patrons may be expected to bus their trays, plates, cups, and other debris to
designated receptacles and locations. The Licensee shall be responsible to
06-459/4281 18
monitor the cafe seating area during service hours to ensure it is maintained in a
clean condition, with trash and debris removed from tables, trash receptacles
emptied, and tables and chairs wiped down as needed. The Licensee may deposit
trash in the City Hall dumpster.
g. If the Licensee notices any condition which is unsafe, unhealthy, or in any other
way would cause an accident, the Licensee shall make or cause to be made
appropriate repairs to remedy the condition. If correction of the condition will
take more than routine attention, the Licensee shall notify the City Hall
maintenance supervisor immediately.
h. The Licensee must comply with all City, County, State, and Federal
environmental health laws and regulations regarding health, including but not
limited to. grease disposal, waste water discharge, sanitary food preparation etc.
Licensee is expected to maintain a rating of A from the County Health
Department and at no time fall below a B rating. Should Licensee receive a B
rating, they must take immediate action to obtain an A rating.
i
Licensee's obligation includes, without limitation, maintaining and operating the
Premises and adjacent areas to a distance of not more than fifty (50) feet, in a clean, safe,
wholesome and, sanitary condition free of trash, garbage or obstructions of any kind and in
compliance with any and all present and future_ laws, general rules or regulations of any
governmental authority now, or at any time during the entire term of this License or any
renewals or extensions thereof or during any holdover period, in force, relating to sanitation or
public health, safety or welfare, or for the protection of life, limb or property; and Licensee shall
i
at all times faithfully obey and comply with all laws, rules and regulations applicable thereto.
06-459/4281 19
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Licensee, at its sole cost and expense, shall remedy without delay any-defective, dangerous or
unsanitary,condition(s) caused by Licensee or anyone related thereto. Provided, however, that
Licensee shall have no obligation to repair or maintain sewer lines or respond to sewer leaks.
Licensee hereby expressly waives the right to make repairs at the expense of City and the
benefit, if any, of the provisions of Sections 1941 and 1942 of the California Civil Code relating
thereto.
SECTION 23. RENT CREDIT
City in its sole discretion may decide to give Licensee rent credit if Licensee undertakes
(1) repair or maintenance under this License, (2) any work City in its sole discretion deems
necessary and appropriate or (3) any Licensee improvements, fixtures, furnishings, and/or
equipment. Prior to Licensee undertaking any such work or purchases, City must agree in.
writing to.the amount of and procedures for the rent credit, the work to be done by Licensee and-
the cost of such work. Any procurement made pursuant to this section shall become the property
of the City. ,
SECTION 24. DAMAGE, DESTRUCTION OR NUISANCE
Licensee shall not commit or permit the commission by others -of, any damage or
destruction of, on, or to the Premises and/or Concession. Licensee shall not maintain, commit or
permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section
3480 of the California Civil Code on the Premises; and Licensee shall not use or permit the use
of the Premises for any unlawful purpose.
I
SECTION 25. PAYMENT OF OBLIGATIONS
Licensee shall promptly pay, at its sole cost and expense, before they become delinquent,
any and all bills, debts, liabilities and obligations incurred by Licensee in connection with
•
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06-459/4281 20
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Licensee's occupation and use of the Premises and/or operation. of the Concession. Upon
request, Licensee shall promptly furnish to City satisfactory evidence establishing such payment.
SECTION 26. BUSINESS LICENSE
Licensee shall maintain a business license from.City during the entire term of this
License or any renewals or extensions thereof or during any holdover period..
SECTION 27. SIGNS, ADVERTISING AND APPROVAL OF NAME
City shall have the right to approve in its sole discretion and at any time require Licensee
to change or remove signs, names, placards, decorations or advertising placed on, or_inscribed,
painted or affixed upon the Premises. Should City approve 'of any sign, name, placard,
decoration or advertising, Licensee shall maintain the same at all times during the entire term of
this License or any renewals or extensions thereof or during any holdover period in good
appearance and repair. All signs, names, placards, decorations or advertising must comply with
all requirements of any governmental authority with jurisdiction.
°.'.SECTION 28. NO ASSIGNING, SUBLEASING OR ENCUMBERING
The parties acknowledge thatCity is entering into the License in reliance upon the
experience and abilities of Licensee and its principals. Consequently, Licensee shall not
voluntarily assign, encumber or otherwise transfer its interest in the License or in the Premises,
or sublicense all or any, part of the Premises, or allow any other person or entity. (except
Licensee's authorized representatives) to occupy or use all or any part'of the Premises without
the prior written consent of City, which consent shall not be unreasonably withheld.
SECTION 29. TERMS BINDING ON SUCCESSORS
All the terms, covenants and conditions of this License shall inure to the benefit of and be
binding upon the parties and their successors, including, without limitation, their assignees,
06-459/4281 21
encumbrances, occupiers of users, sublicerisees or other transferees. The provisions of this
Section shall not'be deemed as a (1) waiver of any of the prohibitions and conditions against
assignments, encumbrances, occupations or uses, sublicenses or other transfers hereinbefore set
forth, or (2) City's consent thereto: If more than one licensee is a party to this License, the
obligations of the licensees shall be joint and several. Even if City's consent is not required,
Licensee shall immediately provide City with written notice of any, assignment, encumbrance,
occupation or use, sublicense or other transfer. '
SECTION 30. DEFAULT
The occurrence of any one or more of the following events'shall constitute a material
default and breach ("Default") of this License by Licensee:
a.;' Licensee's failure to make any payment of the rent or other payment required to
be made by Licensee at the time required for payment under this License.
b. Licensee's failure to obtain or maintain the insurances as required under this
License.
C. Licensee's vacating or abandonment of the Premises during the entire term of this
License or any renewals or extensions thereof or during any holdover period.
Closure of the Concession for more than a combined total of one hundred eighty
(180) days in a calendar year, minus any days of closure of the Concession caused
by City, shall be deemed an abandonment of the Premises.
d. Licensee's violation of Section 16 (Indemnification, Defense and Hold Harmless
Agreement), Section 29 (No Assigning, Subleasing or Encumbering), Section 35
(Hazardous. Substances), Section 36 (Nondiscrimination), Section 37 (Sale of
06-459/4281 22
Alcoholic Beverages and Entertainment Prohibited), Section. 45 (Conflict of
Interest) or Section 47 (Compliance with Laws).
e. The insolvency of Licensee as evidenced by a receiver being appointed to take
possession of all or substantially all of Licensee's assets located at or on the
Premises or of Licensee's interest in this License, or the making by Licensee of a
general arrangement or assignment for the benefit of creditors, or Licensee's
filing a petition in bankruptcy, whether voluntary or involuntary, or the
attachment, execution or the judicial seizure of substantially all of Licensee's
assets located at or on the Premises or of Licensee's interest in the License.
f. Licensee's failure to observe or perform any other term, covenant, .obligation,
duty, responsibility or condition of this License to be observed or performed by
Licensee when such failure shall continue for a period .of thirty (30) days after
City's giving .written notice to Licensee, or such earlier period if specifically set . .
forth in this License; however, if the nature of such failure is such that more than
thirty (30) days are reasonably required for its cure, then Licensee shall not be
deemed to be in Default if Licensee notifies City of the length of the additional
time required to cure and receives City's written approval of the additional time
required, which approval will not be unreasonably withheld, and commences such
cure within such thirty (30) day period and,diligently proceeds with such cure to
completion during such additional time period approved by City.
SECTION 31. TERMINATION.
In the-event of a default by Licensee, City may at City's sole discretion terminate this
License by giving Licensee written notice of termination. In the event City, terminates this
06-459/4281 23
License, City may recover possession of the Premises (which Licensee shall immediately
_ surrender and "vacate upon demand) and remove all persons therefrom, and Licensee shall
comply with, without limitation, Sections 56 and 57 below. City also-shall be entitled to recover
as damages all of the following: _
a. The worth at the time of the award of any.unpaid rent or other charges which have
been earned at the time of termination;
b. The worth at the time of the award of the amount by which the unpaid rent (each
month's rent would be calculated as the average rent for that same month in the
preceding years, or if Licensee did own/operate the Concession in the preceding
years, then each month's rent would be calculated as the average of all months
Licensee owned/operated the Concession) and other charges which- would have
been earned after termination until the time of the award exceeds the amount of -
the loss of such rental and other charges that Licensee proves could have been,
reasonably avoided;
C. The worth at the time of the award of the amount by which the unpaid rent (each
month's rent would be calculated as the average rent for that same month in the
preceding years, or if Licensee did not own/operate the Concession in the
preceding years, then each month's rent would be calculated as the average of all
months Licensee owned/operated the Concession) and other charges for the
balance of the term after the time of the award exceeds the amount of the loss of
such rental and other charges -that Licensee proves could have been reasonably
avoided;
06-459/4281 24
d. Any other amount necessary to compensate City for the detriment proximately
caused by Licensee's failure to perform its obligations, liabilities, duties or
d
responsibilities under this License; and
e. At City's sole discretion, such other amounts in addition to or in lieu of the
foregoing as may be permitted from time to time by applicable California law.
SECTION 32. WAIVER OF CLAIMS
Licensee hereby waives any claim against City, its officers, elected or appointed officials,
employees, agents or volunteers for damage or loss caused by any suit or proceeding directly or
indirectly attacking the validity of this License, or any part thereof, or caused by any judgment or
award in any suit or proceeding declaring this License null, void or voidable, or delaying the
License-or any part thereof from,being carried out.
•SECTION 33. PHOTOGRAPHY
Licensee acknowledges and agrees that City may grant permits to third parties engaged in
the production of still and motion pictures and related activities to take photographs or videos of
or on the Premises when such permission shall not interfere with the primary business of
Licensee, all without providing Licensee with notice or requiring consent by Licensee.
SECTION 34. HAZARDOUS SUBSTANCES
Licensee represents and warrants that its use.or occupation of the Premises shall not
generate any Hazardous Substance (as defined below in this Section), and it shall not.store or
dispose on the Premises nor transport to or over the Premises any Hazardous Substance during
the entire term of this License or any renewals or extensions thereof or during any holdover
period. The foregoing restrictions shall not be deemed to restrict or prohibit the use by Licensee
of ordinary cleaning products as customarily used in Licensee's ordinary course of business at
06-459/4281 25
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the Concession, provided that Licensee complies with all provisions of law as to the use, storage .
and disposal of such products. Licensee further agrees to clean up and remediate any such
Hazardous Substance on the Premises, and agrees' to protect, defend, indemnify and hold
harmless City, its officers, elected or appointed officials, employees, agents and volunteers from
and against any and all claims, damages, losses, expenses,judgments, demands and defense costs
(including, without limitation, costs and fees of litigation (including arbitration) of every nature
or liability of any kind or nature) arising out of or in connection with any such Hazardous
Substance and any rdamage, loss, .or expense or liability resulting from any such Hazardous
Substance including,.without limitation, all attorneys fees, costs and penalties incurred as a
result,thereof except any relicense caused by the sole negligence or willful misconduct of City.
Licensee will conduct all defense at its sole cost and expense and City shall approve selection of
Licensee's counsel. This indemnity shall apply to all claims and liability regardless of whether-
any
any insurance policies are applicable. The policy limits do not act as limitation upon the amount
<.r of indemnification to be provided by Licensee. "Hazardous substance shall be interpreted
broadly to mean any substance or material defined or designated as a hazardous or toxic waste,
hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term, by
any Federal, State or local environmental law, regulation or rule presently in effect or
promulgated in the future, as such law, regulation or rule may be amended from time to time;
and it shall be interpreted to include, without limitation, any substance which after relicense into
the environment will or may reasonably be anticipated to cause sickness, death or disease.
SECTION 35. NONDISCRIMINATION
Licensee and its employees shall not discriminate because of race, religion, color,
ancestry, sex, age, sexual orientation, family or marital status, national origin or physical
06-459/4281 26
handicap against'any person by refusing to furnish such person any accommodation, facility,
rental, service or privilege offered to or enjoyed by the general public. Nor shall Licensee or its
employees publicize the accommodation, facilities, rentals, services or privileges in anymanner
that would directly or inferentially reflect upon or question the acceptability of the patronage of
any person because of race, religion, color, ancestry, sex, age, sexual orientation, family or
marital status,.national origin or physical handicap.
In the performance of this License, Licensee shall not discriminate against any employee
or applicant for employment, because of race, religion, color, ancestry, sex, age, sexual
orientation, family or marital status, national origin or physical handicap. Licensee shall take
affirmative action to ensure that applicants are employed and that employees are treated during
employment, without regard to their race, religion, color,.ancestry, sex, age, sexual orientation, -
family or,marital status, national origin or physical handicap. Such action shall include, without
limitation; the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including, without limitation, apprenticeship. Licensee shall post in
conspicuous places, available to all employees and applicants for employment, notices setting
forth,the provisions of this Section.
SECTION 36. SALE OF ALCOHOLIC BEVERAGES AND ENTERTAINMENT
PROHIBITED
Notwithstanding anything to the contrary, the sale or provision of alcoholic beverages
and/or live entertainment in, on, or from the Premises is expressly forbidden, unless expressly
permitted in writing by City in advance. For any proposed sale or provision of alcoholic
06-459/4281 27
beverages, Licensee must.first obtain written City approval prior to submitting any request for
approval to the Alcohol Beverage Commission.
SECTION 37. LIENS
Licensee shall keep the Premises free and clear from any and all liens, including, without
limitation, mechanics' or materialmens' liens, claims and demands for work performed,
materials furnished, or operations conducted on or about the Premises or by reason of any use or
occupancy by Licensee, or any person claiming under Licensee. When applicable, Licensee
shall cause a notice of nonresponsibility to be posted and recorded pursuant to California Civil
Code Section 3094.
SECTION 38. INSTALLATION AND REMOVAL OFTRADE FIXTURES
Licensee shall have the,right during the entire term of this License or any renewals or
extensions thereof, at Licensee's sole cost and expense, to install or affix in, to, or on the
Premises.'any machinery, equipment and other objects (the "Trade Fixtures"), for use .in
Licensee's:trade or business as Licensee may deem-advisable. Any and all such Trade Fixtures
that can be removed without structural damage to the Premises shall, subject to Section 57
below, remain the property of Licensee and may be removed by Licensee at anytime prior to the
expiration or termination of this License, provided Licensee repairs any damage caused by the
removal. Upon execution of this License and every anniversary, Licensee shall provide City
with a list of all Trade Fixtures on the Premises.
SECTION 39. DESTRUCTION
Should the Premises be partially destroyed, this License shall continue in full force and
effect, and Licensee, at Licensee's sole cost and expense, shall complete the work of repairing
and restoring the Premises to their prior condition providing such work can be accomplished
06-459/4281 28
under all applicable governmental laws and regulations within one hundred eighty (180).days..
Should the Premises be so far destroyed that in City's reasonable judgment they cannot be
repaired,or restored to their former condition within one hundred eighty.(180) days, City shall
give Licensee notice of such determination in writing and each party may, in that party's sole
discretion-
a. Continue this License in full force and effect in which case Licensee shall repair
and restore, at Licensee's sole cost and expense,the the Premises to their former
condition; or
-b. Terminate this License by giving the other party thirty (30) days' written notice of
such termination within sixty (60) days after the date that City gives Licensee
notice that the Premises cannot be repaired or restored to their former condition '
within one hundred eighty (180) days. In the event that either party elects to
terminate this License, the entire amount of any insurance proceeds (excluding
such proceeds for Trade Fixtures, personal property whether or not owned or
licensed by Licensee and trade inventory, but only to the extent that the insurance
proceeds specifically cover those items) shall be paid to City. The proceeds of
any such insurance payable to City may be used, in the sole discretion of City, for
rebuilding or repair as necessary to restore the Premises or for any other such
purpose(s) as City sees fit. In addition, if Licensee elects to terminate the
License, Licensee must still comply with all of its obligations, liabilities, duties
and responsibilities under the License, including, without limitation, paying any
rent due up to the time of termination and surrendering the Premises, pursuant to
Sections 56 and 57 below.
06-459/4281 29
}
In the event of the damage or destruction of Improvements, Trade Fixtures and/or
personal property located on the Premises not giving rise to a termination of this License,
Licensee shall, at its sole cost and expense, replace and repair the same as soon as reasonably
possible to permit the prompt continuation of Licensee's business at the Premises.
SECTION 40. NO ABATEMENT OF RENT DURING REPAIR WORK
The rent shall not be abated for the time Licensee is prevented from using the whole or a
portion of the Premises. In addition, Licensee shall not be excused from the payment of taxes,
insurance or any other obligations for the time Licensee is prevented from using the whole or a
portion of the.Premises.
SECTION 41. CITY'S OPTION TO CLOSE THE PREMISES
;:City may close the Premises without liability and without advance notice to Licensee
therefore at any time as City in its sole discretion deems necessary for the protection of life, limb
or property,, or for public health, safety or welfare purposes, or upon reasonable notice to effect
;.: any repair, remodeling or rebuilding deemed necessary by City in its sole discretion. The length
of time of any closing of the Premises by City longer than two (2) weeks during a period when
the Concession would otherwise be open shall extend the term of the License by the same
amount of time. If this occurs, Licensee and City shall memorialize this extension in writing.
SECTION 42. DELIVERIES OF SUPPLIES
City may establish the days and times deliveries of supplies may be,made and advise
Licensee in writing thereof.
SECTION 43. EMPLOYEE PARKING
City shall establish the days, times and locations where Licensee and Licensee's
employees may park, and the.number of automobiles, trucks, and other motorized and non-
06-459/4281 30
motorized vehicles that Licensee and Licensee's employees may park, and advise Licensee in
writing thereof
SECTION 44. CONFLICT OF INTEREST
Licensee warrants and covenants that no official or employee of City, nor any business
entity in which an official or employee of City is interested, (1) has been employed or retained
by Licensee to solicit or aid in the procuring of this License; or (2) shall be employed by
Licensee in the.performance of this License without the immediate written divulgence of such
-fact to City. In the event City determines that the employment of any such official, employee or
business entity is not compatible with such official's or employee's duties as an official or
employee of City, Licensee, upon request of City, shall terminate such employment immediately.
For breaches or violation of this Section, City shall have the right both to terminate this License
without liability and, in its discretion, recover the full amount of any such compensation paid to
such.official, employee or business entity. No official or employee of City shall have any
financial ,'interest in this License in violation of the applicable provisions .of the California .
Government Code.
SECTION 45. NOTICE
Unless specifically providing for verbal or electronic notice, all notices,'certificates, or other
communications required to be given hereunder shall be in writing and made in the following
manner, and shall be sufficiently given and deemed received when (a) personally delivered; or (b)
three (3) business days after being sent via United States certified mail —return receipt requested; or
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(c) one (1) business day after being sent by reputable overnight courier, in each case to the
.addresses specified below; provided that City and Licensee, by notice given hereunder, may I
06--459/4281 31
designate different addresses to which subsequent notices, certificates or other communications will
be sent:
CITY: LICENSEE:
City of Huntington Beach `Sammanth Tan,_Henry Tan and Melynda Tan
ATTN Real Estate Manager f1:/80 North Azure Street
2000 Main Street, P.O. Box 190 Anaheim, CA .92807
Huntington Beach, CA 92648
SECTION 46. COMPLIANCE WITH LAWS
Licensee,- .at its sole cost and expense, shall comply with, all statutes, ordinances,
t regulations and requirements of all governmental entities, including, without limitation, Federal,
State, county or municipal, relating -to Licensee's use and occupancy of the Premises and/or
.• operation of the Concession whether such statutes, ordinances,regulations and requirements be .
now in.force or hereinafter enacted. This License is expressly subject to the laws, regulations
and policies of City. Licensee shall deliver to City a copy of any notice from any governmental
entity received by Licensee regarding any alleged violation of law regarding the License,.
Premises or the Concession or from any person allegedly entitled to give notice under any
conditions, covenants, or restrictions binding or affecting the Premises. The judgment of any
court of competent jurisdiction, or the admission by Licensee in a proceeding brought against
Licensee by any government entity, that Licensee has violated any such statute, ordinance,
regulation or requirement shall be conclusive as between City and Licensee and shall be grounds
for termination of this License by City. '
SECTION 47. MODIFICATION
No waiver or modification of any language in this License shall be valid unless in writing
and duly executed by both parties.
06-459/4281 32
SECTION 48. INDEPENDENT CONTRACTOR
Licensee is, and shall be, acting at all times in the performance of this Agreement as an
independent contractor herein and not as an employee of City. Licensee shall secure at its own
cost and expense, and be responsible for any and all payment of all taxes, social security, state
disability insurance compensation, unemployment compensation and other payroll deductions for
Licensee and its officers, agents and employees and all business licenses, if any, in connection
with the License and/or any services to be performed hereunder.
SECTION 49. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the terms
and/or provisions of this License or to secure the performance hereof, each party shall bear its
own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's
fees from the non-prevailing party. r
SECTION 50. GOVERNING LAW
This License shall be governed and construed in.accordance with the laws of the State of
California.
SECTION 51. ENTIRETY
The parties acknowledge and agree that they are entering into this License freely and
voluntarily following extensive arm's length negotiations, and that each has had the opportunity to
consult with legal counsel prior to executing this License. The parties also acknowledge and agree
that no representations, inducements, promises, agreements or warranties, oral or otherwise, have
been made by that party, or anyone acting on that party's behalf, which are not embodied in this
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License,and that that party has not executed this License in reliance on any representation,
A
inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this
. i
06-459/4281 33
License. The License, and the attached exhibits, contain the entire agreement between the parties
respecting the-subject matter'of this License, the Premises, the leasing of the Premises to Licensee,
or the license term created under this License and supersede all prior understandings and
agreements, whether oral or in writing between the parties respecting the subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have caused this License to be executed by
and through their authorized officer's ?p,� � , 2006.
OPERATOR: CITY OF HUNTINGTON BEACH, a
SAMMATH TAN, HENRY TAN, AND municipal corporation of the State of
MELYNDA TAN California
By:
Mayor
By: y Clerk
I-1 Off.
APPROVED AS TO FORM." f
REVIEWED AND APPROVED:
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City Attorney 0 Ci-1�-(�
Ci Administrator, �q� q 12JOI,
INITIATED AND APPROVED:
Director of Economic elopment
Exhibits:
A. Description of the Premises
B. Map Depicting the Premises
C. Licensee's Proposal
06-459/4281 34
GENERAL DESCRIPTION
Exhibit A
General Description
Lower Level Eatery
The proposed. location of the eatery is in the lower level floor of
Huntington Beach City Hall. The eatery is a total of 702 square feet,
of which 454 square feet is the dining and service area, and the
remaining 252. square feet is divided and designated as the storage
area. The eatery is centrally located in the lower level with its
entrance 42 feet from the Credit Union; 52 feet, from the public
restrooms-, 31 feet from the elevators, and 90 feet from the Council
Chambers. Approximately six deuce tabletops are proposed in the
dining'area of the eatery. The hall adjacent to the eatery is 39 feet
and 'the perpendicular hallway leading to the patio is. 48 feet .with a
current count of 11 deuce tabletops: There is additional seating and
opportunity for outdoor service in the patio at the southeast area of
City Hall, which is 60 feet away from the .entrance of the eatery. The
patio is approximately 3,650 square feet and has nine tables, seating
six comfortably per table.
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MAP OF LAYOUT
77"
Exhibit $ Credit Union....
Lower Level
Eatery
Council
Chambers
Mj
Elevators 1
Restrooms
Eatery
M ,
" Storage
18
Patio area
Licensee's Proposal
--------------
�l
Henry and Melynda Tan
Sammath Tan
1780 N. Azure St.
Anaheim, C'a 92807
Tel (949)234-1251 Cell (714) 743-9196 Fax(949) 2344255
City of Huntington.Beach
2000 Main St.
Huntington Beach; Ca 92648
July 23, 2006
Dear Mr. Holtz,
We had a pleasure of meeting Maureen and Randy of your management team regarding
the available space at,City Hall of Huntington Beach. We, Henry and Melynda Tan;
(husband and wife) are currently operating two successful bagel and coffee shops.
Sammath and Henry started the bakery business since 1982 (resumes attached).
As owners of donut/bagel shops for twenty-four years,Henry and Sammath designed and
built the shops, researched and created many successful products. We have expertise`in
coordinating activities and directing the indoctrination and training of bakers and other
kitchen staff to ensure an efficient and profitable food service. We have passion for
baking a"perfect" product for our customers. We obtained many resources and relations
over the years which will facilitate us in revenue increase at City of Huntington Beach.
For the past eight years,Melynda have been operating her own successful business in the
food service. Because of her ability to organize, train, and work effectively with
personnel in,quality, high-volume restaurants, she is able to maintain a conscientious;
highly productive workforce. Now she is ready to apply the same expertise and
principles and hard work in starting a new but the same business.
The establishment would be operating from 7:OOam to 4:OOpm(M—F) and from 7 am to
8 pm on meeting nights. We would be serving Diedrich coffees, espresso, smoothies,
bottled drinks, bagels, bakeries, pastries, croissants, muffins, breakfast sandwiches, cold
sandwiches, soups, and salads (please see attached sample menu).- We would also
accommodate on any caterings.
The following equipments would be installed:
2-door Fridge - Pastry Showcase
2-glass-door cooler - Opened-face cooler Showcase
Sandwich table cooler - Fruit dispenser
- Coffee brewer - Coffee grinder
- Yogurt/Fruit freezer - Espresso grinder
Toaster& microwave - POS system
Espresso machine - Coke machine
1
We would like to offer $500/mo of rent.with five year term and five year option. An
estimated leasehold improvement of$7,500 (see attached) and equipments of'$24,110
would be reimbursed to us by crediting 75% of our rent each month.
We are sure that the customers would appreciate the fresh and the high quality
ingredients we put into our products. We are ready to take on the responsibilities and the
challenge. We are also confident of our ability to operate the new food service that will
have better positive results as experienced by the past owner.
We appreciate your consideration and look forward to hearing from you. We can be
reached at 714-476-0734(Sammath) or 714-743-9196 (Henry and Melynda).
Sincerely,
Sammath Tan
Henry Tan
Melynda Tan
2
Sample Menu
Bagels
-Single
$ 0.75
-Banana-Nut,-Blueberry, Cranberry,
Cinn'Raisin, Jalapeno Cheese, Plain,
Poppy, Sesame, Sourdough, Onion,
the Works, Honey-Wheat
Spinach-Parmesan Cheese,
Cinnamon Glaze, Cheese Tops $ 0.99
Bagels w/Tappings
Butter or Jelly $ 1.25
Cream Cheese (Regular) $ 1.79
Cream Cheese (Flavor) $ 1.99
Cream Cheese (Smoked Salmon) $, 2.35
Bakeries
Gourmet Muffins $ 1.55
Banana Walnut,-Blueberry,-Poppy-Almont,
Double chocolate,_Pumpkin, Zuchini,
Cheesecake, Fat Free Bran, Pineapple Bran
Danish Cream Cheese, Peach $ 1.45
Croissants
Butter $ 0.99
Filled (Chocolate,-Strawberry, Pineapple) -$ 1.45
Ham & Swiss Cheese $ 1.95
Pastries
Turnover $ 1.45
-Brioche -$ 1.55
Cinnamon Roll $ 1.65
Twist $ 1.45
i
Breakfast Sandwiches
Served with your choice of toasted bagel
.EZ 2 eggs with Cheddar Cheese $ 2.95
Sunrise Eggs, Cheddar, Bacon or Ham $ 3.95
Europe Eggs, Ham and Cream Cheese $ 4.25
.Veggie Omelet Cheddar, Tomatoes, Mushrooms& Bell Peppers $ 4.85
Spanish Eggs, Cheddar, Salsa & Black Olives $ 3.95
Italian Eggs, Tomato,,Provolone& Italian Sausage $ -4.65
Gourmet Cream Cheese, Avocado, Tomatoes&.Lemon Pepper $ 3.65
Cheddar& Tomato Melt $ 2.95
Cheese Pizza $ 2.95
Sandwiches
Sandwiches-may-include Lettuce, Tomato, Onions, Mayo &Mustard,
with a side of Potato Salad, Green Salad, or Chips, and Dill Pickle
Spear. (Variety of Breads available upon request.)
Happy Turkey $ 4.60
Oven Roasted-Turkey, Swiss-Cheese,-Lettuce, -Tomato,
with Avocado, add$.75
Turkey Pesto $ 4.95
Roasted Turkey, Provolone, Lettuce, Tomato, Pesto
Turkey Berry $ 4.65
Roasted Turkey, Cream Cheese, Cranberry Sauce
Triple Decker Club $ 5.95
Turkey, Ham, Bacon, Avocado & Swiss
Chicken Salad $ 4.95
Chicken Salad, Lettuce, Tomato, Red Onion
Tuna Salad $ 4.95
Tuna Salad, Lettuce, Tomato, Red Onion
Texas $ 4.95
Roast Beef, Swiss, Lettuce, Tomato, BBQ Sauce
Tavern Ham & Cheese $ 4.60 .
BLT with Avocado, add$.75 $ 4.25
Garden-Fresh $ -4.60
Tomato;Alfalfa Sprouts, Red Onion, Cucumber
Avocado, Veggie Cream Cheese
Soups
Soup & Bagel $ 3.75
Soup & Salad.Combo $ 5.60
Cup of Soup, Petite Gourmet Garden Sald& Small Drink
Soup &-Sandwich Combo $ .5.95 .
Soup, Turkey, Tuna or Ham/Cheese Sandwich and Smi Drink
Salads
Charbroiled Chicken Caesar $ 4.95' .
Caesar $ 3.95
Chicken or Tuna Salad $ 4.95
Gourmet Garden $ 4.85
Avocado,-Mozzarella-Cheese, Tomatoes,-Sprouts,
Cucumbers, Bell Peppers, Onions, Carrots, Black Olives,
Romaine and Croutons
CofFee
Small Medium -Large
Fresh Brewed $ 1.50 $ 1.70 $ 1.85
Cafe Au Lait $ 1.85 $ 2.10 $ 2.50
-Cappuccino -$ 2.60 -$ -3.1-5 -$ -3.45
Caffe Latte $ 2.60 $ 3.15 $ 3.45
Caramel-Latte -$ -2.95 -$ -3.60 -$ -3.90
Caffe Mocha $ 2.95 . $ 3.45 $ 3.75
Raspberry-Mocha $ ;-3.1-5 -$ -3.70 -$ -4.00
White Chocolate $ 3.00 $ 3.60 . $ 4.00
Hot Chocolate -$ 2.20 -$ 2:45 -$ -2.75
Hot Tea $ 1.50
Chai (Hot or Blended) Choice of Spice or Vanilla $ 3.15 $ 3.50
Cold Drinks
Coke, Diet Coke, Mr. Pipp, Sprite, Pink Lemonade, $ 1.25 $ 1.45 $ 1.65
With.Fruit Flavor, Add$.50 -With-Boba, Add-$:50
Fresh Brewed Iced Tea $ 1.25 $ 1.45 $ 1.65.
Iced Mocha $ 2.91 $ 3.45 $ 3.95
Iced Cappuccino or Latte $ 2.80 $ 3.15 $ 3.45
Mocha or Vanilla Glacier $ 3.25
Caramel Latte Glacier $ 3.75
White Chocolate Glacier $ 3.75
-Smoothies Made with 1004-natural-fruit juices. $ 3.75
Each Smoothie includes 2 free Nutrients
3
'Management
Employees: 2 employees - 1 st Shift: 6:00 am to.2.00 pm
2nd Shift 9:00 am to 4:00 pm
Hours: 7:00 Am to 4:00 Pm (M - F)
(Shop will remain opened until 8:00 pm during meetings.)
1780 N Azure St, Tel: (714)356-8898
Anaheim,Ca 92807 Fax:(949)234-1255
Henry Tan
Objective Owner and manager for bagel&cafe
Experience 2001 -Current Avenue Bagel&Cafe S. I Capistrano,Ca
Owner
• Managed cashiers/sandwich,coffee preparers,and the cook.
• Baked.
• Prepared bagels,bakery items such as croissants,muffins,and turnovers.
• Suggested new products that increased earnings.
• Ordered supplies.
• Fixed and maintained equipment,machine,furniture,and fixture.
1998-2000 5 h Avenue Bagel&Cafe Corona,Ca
Owner
• Managed cashiers/sandwich and coffee preparers,and the cook.
• Baked.
• Prepared bagels,bakery items such as croissants,muffins,and turnovers.
• Suggested new products that increased earnings.
• Ordered supplies.
• Fixed and maintained equipment,machine,furniture,and fixture.
1994 1997 Miss Donuts Anaheim,Ca
Manager/Baker
• Designed the shop.
• Laid tiles, setup equipment,machine,and fixture.
• Managed cashiers/sandwich and coffee preparers,and the cook.
• 'Baked.
• Prepared bakery items such as croissants,muffins,and turnovers.
• Suggested new products that increased earnings.
• Ordered supplies.
• Fixed and maintained equipment,machine,fiuniturc,and fixture.
1991 - 1994 Miss Donuts La Vern,Ca
1989 - 1990 Miss Donuts Orange,Ca
1984 - 1988 Miss Donuts Houston,Ca
Manager/Baker
• Designed the shop.
• Laid tiles,setup equipment,machine,and fixture.
1780 N Azure St, - -Tel: (714)356-8898
Anaheim,Ca 92807 Fax:(949)234-1255
�i
s,
Henry.Tan
• Managed cashiers/sandwich and coffee preparers,and the cook.
• Baked.
Prepared bakery items such as croissants,muffins,and turnovers.
• Suggested new products that increased earnings.
* Ordered supplies.
• Fixed and maintained equipment,machine,furniture,and fixture
Education High school Cambodia
Interests Reading food and bakery magazines,attending food shows.
1780 N Azure St, Tel: (714)743-9196
Anaheim,Ca 92807 r Fax:(949)234-1255
Melynda Tan
Oblectwe Owner and manager for bagel&cafe
Expenence 2001 --Current Avenue Bagel&Cafe S. J. Capistrano,Ca
Owner
• Managed and trained 7 cashiers/sandwich and coffee preparers.
• Prepared catering orders and prep'for the cook.
• Suggested new products that increased earnings by 20%.
• Bookkeeping.
• Redesigned the ordering system with the registers.
1998-2000 5"'Avenue Bagel&Cafe' Corona,Ca
Owner
• Managed and trained 6 cashiers/sandwich and coffee preparers.
• Prepared catering orders and prep for the cook.
• Bookkeeping.
• Wired kitchen printer and designed the ordering system. _
1995- 1997 Euro National Los Angeles,Ca
Bookkeeper
• Bookkeeping—A/R,A/P,bank reconciliation,general ledger,financial
statements.
•. Managed 12 employees from accountingi to production department:
• Set up 3-computer network with Peachtree Accounting Software.
• Expanded sales to include mass-market accounts by suggesting having
booths at the shows nationwide.
1990-1994 Zip-Zag,USA Los Angeles, Ca
Controller
• Bookkeeping-A/R,A/P,bank reconciliation,general ledger;financial
statements.
• Managed 25 employees from accounting to production department.
• Set-up the accounting software from paper to software accounting system.
• Responsible for staffing.
Etlucat�on = 1986—Not Yet Graduated Cal State University,L.A. Los Angeles,Ca
• B.S., Accounting..
Interests r Running,gardening,computers,reading,attending food shows.
T ® T R Cyr iPa� ,
Name, Henry & Samath Tan
Place ot. Bare: canu)oata
Cell Phone: ('714) 476-0734
T se following co panice hwvo been )Duilt, designed, xianag2g. aid
pro d �� vx��w54A:c�w�: Ri 7 A.s.�ai�` � `�i�i��€% Tar S
Comoany game Year
Ave Bagel `..-.. i.'afd .. Step. ..Fuan '+r.�apiJi-+i��no Z.r'K 20if
5' Ave Bagel IU Cafe Carona, Ca 1997
5 ' .eve laeE Cfato Buena.Park, t a 1997
Miss Db.r uts Costa Mesa, Ca 1994
T a 1994
Miss Donuis 3dfi DIQge, Ca
Miss,i.)fJn is San Diego, Ca 190-1 .
Miss.Donuts Monte Belo, Ca 1992
t ss Do,uts Pxna"6 a : Oa991
`mit$ D' nuts Icem" ton, ca 1990
Mass u0nuts La Vern, Ca . 1..990
Miss Donuts Corrtntonz Ca 1989
Miss Ljo-Al Ut r y e is i
Senimy Donuts Houston; Tx
NamMy UonLlts Houston, Tx 1984
i E +y it 13fliiiifc t7uustou, Tx 1982
to 3 d 3.jV0GNV-I39VS3AVHis 9SZZb£Z6tI6 �T:Oz 9OaZ,/OZ/LO
..Space Improvement
Layout: See Attached
Improvement Costs:
Front Window (closeout door) $ 1,500.00
Glass Door $ 1,000.00
Wall Painting & Mirror $ 1,500.00
Ceiling & Lighting $ 1,500.00
Counters $ 1,000.00
Floor Polishing $ 1,000.00
0
Total: $ 7,500.00
Equipments:
18 X 24 (3 compartment sink) $ 518.00
Hand Sink $ 88.00
USA Pre-Rinse (Spray) $ 260.00
True- Fridge $ 2,128.00
Beverage Air Sandwich Table Cooler $ 1,618.00
Turbo Air - Opened Face Cooler $ 3,318.00
Fedral Pastry Showcase $ 2,500.00. .
Arc Tic Air Chest Freezer $ 788.00
True- 3-Glass-Door Fridge $ 3,488.00
Metro Shelvings (24 x 60) (8 x $20) $ 160.00
Metro Shelving. Posts - 72 (8 x $24) $ 192.00
Metro Shelving Posts -60" (8 x $20) $ 160.00
Rosito Bisani Capuccino Machine $ 2,998.00
Berkel Slicer $ 668.00
Bagel Toaster $ 298.00
Microwave $ 988.00
Scotman Ice Maker $ 1,468.00
Vita Mix (Blender) $ 368.00
Mop Bucket $ 46.00
Locker $ 98.00
Table Bases ( 10 x $16) $ 160.00
Table Tops (10 x$66) $ 660.00
Chairs (20 x $57) $ 1,140.00
Total: $ 24,110.00
I
Timeline: Approx. 3 Weeks
su '' INSURANCE AND INDEMNIFICATION ,11� R_
MODIFICATION REQUEST `
20
City nt
orHu .
1. Requested by: Christi Mendoza, Risk Management� . C AttornE? oftica
2. Date: September 19, 2006
3. Name of contractor/permittee: Avenue Bagel Cafe (Tan, Henry & Melynda)
4. Description of work to be performed: Operating city cafeteria in city hall's basement (ten
year contract, paying city $500/month rent
5. Value and lengthof contract: $6,000; Ongoing operation
6 Waiver/modification request: Cancellation clause wording/qeneral liability
7. Reason for request and why it should be granted: Unable to comply with the city's
cancellation clause wording insurance requirement
8. Identify the risks to the City in approving this waiver/modification: None
Department Head Si ture ate:
APPROVALS „
Approvals;must be obta„�ned m,the order fisted on this form Two,approvals are required x=
for a request to be granted Approv 1 from hekCity A Mip1strator s Office#is only required if
` ...: , ., RiskManagem y and th City Attar ey" OfficedisagreeAm
1. Pio Management
It z/
Approved Denied 1 v
Si
gnat L 6ate
2. City Attorney's Office — J�
pproved ❑ Denied
Signature Date
3. City Administrator's Office
El Approved ❑ Denied
Signature Date
' If approved the completed waives/modification request is to be submitted to the
City Attorney s'Off�ce along iivith the,contract forxapprova! Once the contract:has:been approved
x this form �s-to be filed with the Risk;Nlanagement,DEvision of Ad n h strative=Services z-- -
TempWaiver 9/19/2006 4:41 PM
CERTIFICATE OF INSURANCE
Th' i4 }�, t El. STATE FARM FIRE_AND CASUALTY COMPANY, Bloomington, Illinois
® STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois -
STATE FARM FIRE AND CASUALTY COMPANY, Scarborough,Ontario
INSORAN[R ❑ STATE FARM FLORIDA INSURANCE COMPANY,Winter Haven, Florida
❑ STATE FARM LLOYDS, Dallas,Texas
insures the-following policyholder for the coverages indicated below:
Policyholder Tan, 14nnry & Mclynda DBA: AVE' BAGEL CAFE
Address of policyholder 2000 Main St, f-tunti.ngl_on Leach, CA 92648
Location of operations Same a.s Above
Description of operations
The policies listed below have been issued to the policyholder for the policy periods shown_ The insurance described in these policies is
Subject to all the terms exclusions, and conditions of those policies,The limits of liability shown may have been reduced by any,paid claims.
POLICY PERIOD LIMITS OF LIABILITY
POLICY NUMBER TYPE OF INSURANCE Effective Date ; Expiration Date (at beginning of policy perlod)
Comprehensive BODILY INJURY AND
`32•-n7-65349 Business Liability 08 04.06 08-04-07 PROPERTY DAMAGE
---- -- Susr ---
This insurance includes: ❑ Products-Completed Operations
❑ Contractual Liability
❑ Underground Hazard Coverage Each Occurrence $ 1,000,000
❑ Personal injury
Advertising Injury General Aggregate $ 2,000,000
Explosion Hazard Coverage
❑ Collapse Hazard Coverage Products—Completed $2,o00,0oo
® BUSINESS PROPERTY �36,000 - Operations Aggregate
Jul_;Ducr:r.Blr sl,o0ri
POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE
EXCESS LIABILITY Effective Date Expiration Date (Combined Single Limit)
❑Umbrella Each Occurrence. $
❑ Other I Aggregate $
Part 1 STATUTORY
Part 2 BODILY INJURY
0 --T)8-3904-I Workers'Compensation CRID4/06 08/04/07
and Employers Liability Each Accident $ 1,000,on
Disease- Each Employee$
Disease-Policy Limit $
POLICY PERIOD LIMITS OF LIABILITY
POLICY NUMBER TYPE OF INSURANCE Effective Data ; Expiration Date (at beginning of policy period)
THE CERTIFICATE OF INSURANCE iS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY
AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN.
If any of the described policies are canceled before
its expiration date, State Farm will try to mail a written
notice to the certificate holder 3t) days before,
Name and Address of Certificate Holder cancellation. If however, we fail to mail.such notice,
no obligal or liability will be imposed on State
n1)1)1'rT0NAT-. TNSURLD: � ? Farm or it gents or representatives. -,
V HE CiTY OF ilUNTINGTON 3EAC.11, iTS AC-4ENT9,
OFFICERS AND EMP.f OYr;Eo hND / Signature o thori edRepresentative
1111E. RFDgL.OPMLN1' AGENCY OF Ti� Date
GENT 09/08/2006
TQ ,;'[
IiUNTT-NG'P0N1 i31 H.AC . _
2000 MATRf G'P } %/ / Agents God Stamp
1".I.l1NT.1'?\TCTON BEACH, CA 926480 I{ (! / � ,, ,
fJ°V`21 AFO code 790
55.8-991 a,A 11-12-2002 F'rinted rri'U.S.A. � \ qN aq1\0� .
J O3
Ofl/,07/06 TE A5.05 F-U 80,ri 863 2089 N.COAST,UW li�003
SH Policy iVo. 92-1)7-6348-2 asp
ADDIT110N,AL INSURED ENDORSEMENT
Managers or Lessors of Premises
Policy No,: 92-3)7-6348-2
Named•Inculred;
TAX, EMY & mn)dWA
Name of Person or Organization;
THE CXTY.OF H NTINGTON BEACH, TTS AGENTS,
OFFICERS AND rMPILO'YEtS, AN}J,
THE kI�DEVELOFMENT AGENCY OF
HWTINGTON BEACH
2000 MAIN STREET
HUNTINGTON REACH,, CA 92648
Designation of Premises:
2000 MAIN S'S TO'
�.
xurrrxrr BCH CA 926e-2702 PROVED ; .
THE C' Aga �
WHO IS AN. INSURED, under SECTION I! This insurance dues not apply to-
DESIGNATION OF INSURl_b, Is amended to include
as an Insured the person or organization shown 1: any ocacurronap which.takes place after you
above,but only vAth respect to their liability arising out cease to be a-tenant In that premises;or
of the ownership,maintentince or use of the premises
leased to you and designated above. 2. structural alteratiom, new con*uctlon or
demolition operations performed by or on behalf ,
of this person or organization shown abaft.
FE,$494 printed in USA
.09/07/06 THU i.5:04 PAX 605 663 2089 N.COAST U4P 1 002
Policy Number
DECLARATIONS PAGE AMENDED AUG 42006 �N'^
92-D7-5348-2
STATE FARM GENERAL INSURANCE.COMPANY -
900 OLD RIVER RD,BAKERSFIELD CA 9 331 1-6000
A STOCK COMPANY WITH HOME OFFICES IN BL.00MINGTON,ILLINOLS
Agent Copy
Named Insured and Mailing Address
23-3020-F790 U
. TAN,HENRY&MFLYNDA OVED AST °FOR
DBA AVE BAGEL:CAS C -1 �-
2000 MAIN$T IFER M Cc RATH,City Attorrie�,
HUNTINGTN BCH CA 92648.2702
Carr A-inflation Coverage index: N/A
BUSINESS POLICY SPECIAL FORM 3 Carr R-Con-Sumer Price Indw 203.5
AUTOMATIC RENEWAL - If the POLICY PERIOD Is shown as 12 MONTHS, this policy will be renewed autornaticaJ .
sub'ect to the rE�iiurns, rules �d forms in effect for each succeeding policy period. It this policy is terminated we Wi�
gO you and t e I ortgagee/I:enholder written notice in compliance rnr h the policy provisions or as required by I&W
Policy Period, 12 Months The policy period begins and ends at 12:01 am standard time at the-
Effective Date- AUG 4 2006 premises location.
Eniira6onl note; AUG 4 2007
Named Insured:lildlvidual
Your policy is amended AUG 4 2006
AIDDL INSURE-D NAME &ADDRESS.CHANQEU
Location of Covered Premises: ENDORSE-MI;NT FL-6494 ADDED
2000 MAIN ST
HUNTINQTN BCH CA 92648.2702
Coverages&Property Limits of Insurance ccuparicy: ercantl I e�
Section I
A Buildings Excluded
B Business Personal Property $ 30 000
C Loss of Income -12 Months $ Actual >'oss
eotion II Deductibles-Section I
L Business Liability 1,000,000
M Medical Paymarits 5 000 $ 1,00c,Basic
Products-Completed Operations 2,000,000
(PCO)Aggregate
General Aggregate(Other $ 2,000,DDO
Than PCQ) In case of loss under this policy. the deductible will be
applied to each occurrence and will be deducted from the
amount of the loss, Other deductibles may apply- refer to.
policy.
Endorsement Premium ' None
Forms,Options,and Endorsements
Special Form 3 FP-6143
'Additional Insured Endorsement FE-6494 Discounts Applied:
Amendatory Ettdorsernbnt FE•-6205 Enclosed Building
Business Policy'Endorsoment PE-6464 Protective;Devices
Debris removal Endorsement FE-646i
Policy Endorsement' > FE-6506.2
Glass Deductible-Section i FE-6538.1
Now Form Attached
r ,
Continued on Reverse Side of Page
OTHER LIMI7's AND EXCLUSIONS MAY APPLY-REFER YOUR POLICY
Prepared CdWntorSl +�
CEP 06 200�5 9� "
FP-8030.2C A8MG BY Agent
0611993 JOE NGUYEN �.
Your policy con&10m of thin page,any endorsemonf (714),938-4500
and the policyfdrm.PLEASE KEEP THESE TOGETHER. � (o112772a)
i
RCA ROUTING SHEET
INITIATING DEPARTMENT: Economic Development.
SUBJECT: Approve License Agreement for Civic Center Snack
Shop
COUNCIL MEETING DATE: October 16, 2006
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not'Applicable
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable
Contract/Agreement (w/exhibits if applicable) Attached
(Signed in,full by the City Attorney) Not Applicable ❑
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance.(Approved by the City Attorney) Attached ®'
Not Applicable ❑"
Fiscal Impact Statement (Unbudget, over$5,000) Attached ❑;
Not Applicable
Bonds (If applicable) Attached ❑
Not Applicable
Staff Report (If applicable) Attached ❑1
Not Applicable
Commission, Board or Committee Report (If applicable) Attached El
Not Applicable ®,
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
r
"; tXPLANATION FOR,"MISSING ATTp►CHMENTS_;.
REVIEWED ,. RETURNED F_OR1N, RQ ED
Administrative Staff ( )
Assistant City Administrator Initial )
City Administrator.(Initial)
)
City Clerk )
;EXPLANATION FOR RETURN'OF ITEM:
(Below •
RCA Author: Steve Holtz-ext 5901
I
I
j, Ie CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
October 23, 2006
Sammath Tan, Henry Tan and Melynda Tan
1780 North Azure Street
Anaheim, CA 92807-1024
To Whom It May Concern:
Enclosed is a fully executed copy of the License Agreement by and
between the City of Huntington Beach and Sammath Tan, Henry Tan, and
Melynda Tan for operation of a food concession at the Huntington Beach
Civic Center Complex.
Sincerely,
tan L. Flynn
City Clerk
JF:pe
Enclosure: Agreement
G:foI1owup:agrmt1tr
(Telephone: 714-536-5227)