ATTACHMENT 1 – 1
PARKING AUTHORITY
OF THE
CITY OF BURBANK, CALIFORNIA
RESOLUTION NO. P- ____________
A RESOLUTION OF THE PARKING AUTHORITY OF THE
CITY OF BURBANK APPROVING AN ENTRY AND
LICENSE AGREEMENT WITH NEARBY BUSINESSES TO
USE A TRASH ENCLOSURE AT THE 133 E. ORANGE
GROVE AVENUE PUBLIC PARKING STRUCTURE , AND
DELEGATING SIGNATURE AUTHORITY TO THE
EXECUTIVE DIRECTOR AS THE CHAIRMAN’S DESIGNEE
THE PARKING AUTHORITY OF THE CITY OF BURBANK FINDS:
A. The Parking Authority of the City of Burbank (“Authority”) owns the public parking structure located at 133 E. Orange Grove Avenue, Burbank , California 91502 (“Parking Structure”).
B. Pursuant to an entry and license agreement, the Authority has authorized certain businesses adjacent to the Parking Structure to use a trash enclosure located within the Parking Structure to place trash bins and dispose of related trash.
C. To ensure the trash enclosure and surrounding area within the Parking Structure are maintained in a clean and sanitary manner, the Authority now desires to enter into a new Entry and License Agreement where adjacent businesses (“Licensees”) will be authorized to enter the Parking Structure for the purpose of using the trash enclosure to dispose of trash, Authority will contract for and manage required trash collection, cleaning, and maintenance services, and the Licensees will fully reimburse the Authority for the costs of these services.
THE PARKING AUTHORITY OF THE CITY OF BURBANK RESOLVES:
1. The Entry and License Agreement between the Authority, Continental Burbank, LLC, Kalaveras BB Inc, Pritam Enterprises, Inc., and Mama’s Boys Restaurants, Inc. (“Agreement”), attached as Exhibit A and incorporated herein, is approved.
2. The Executive Director is authorized to sign the Agreement as the Chairman’s designee, and is delegated authority to take all actions necessary to implement the Agreement, including but not limited to the ability to approve and execute amendments to the Agreement where no additional unreimbursed cost is incurred by the Authority, subject to review and approval by the City Attorney’s Office.
ATTACHMENT 1 – 2
3. Adoption of this Resolution and approval of the Agreement have no potential for resulting in a direct or reasonably foreseeable indirect physical change to the environment and as such, falls outside the definition of a “project” under the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA pursuant to CEQA Guidelines Sections 15060(c) and 15378.
PASSED AND ADOPTED this ____ day of July, 2025.
________________________
Nikki Perez
Chairperson of the Parking
Authority of the City of Burbank
Approved as to Form:
Attest: Office of the City Attorney
___________________________ By: _______________________ Kimberley Clark, Secretary Lisa Kurihara
Senior Assistant City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, Secretary of the Parking Authority of the City of Burbank , do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Parking Authority of the City of Burbank at its regular meeting held on this ___ day of July, 2025, by the following vote:
AYES:
NOES:
ABSENT:
____________________________
Kimberley Clark, Secretary
ATTACHMENT 1 – 3
Exhibit A
ENTRY AND LICENSE AGREEMENT
THIS ENTRY AND LICENSE AGREEMENT for entry to land (the "Agreement") is entered into as of the ____ day of __________________, 2025, by and between the Parking Authority of the City of Burbank (“Authority”) and (1) Continental Burbank, LLC, (2) Kalaveras BB Inc, (3) Pritam Enterprises, Inc., and (4) Mama’s Boys Restaurants, Inc. (each individually, a “Licensee” and collectively, the "Licensees"). The parties agree as follows:
A. Purpose of this Agreement and Site.
The purpose of this Agreement is to enable Licensees (which includes their businesses listed in this Section A) to enter upon real property owned by the Authority and located within the public parking structure at 133 East Orange Grove Avenue, Burbank, California (the "Site") for the exclusive purpose of utilizing trash bins furnished by the Authority for business-related/generated refuse from the businesses located at:
Continental Burbank, LLC (includes all of the following businesses:) 1010 Racket Club Dr. #104 Ben & Jerry’s 164 E. Palm Avenue #101 Auburn, CA 95603 Finney’s Crafthouse 164 E. Palm Avenue #102 Republik Coffee 164 E. Palm Avenue #103
Sweety’s Candies 164 E. Palm Avenue #104
Kalaveras BB Inc Kalaveras
2834 Hamner Ave #283 221 N. San Fernando Blvd.
Norco, CA 92860 Burbank, CA 91502
Pritam Enterprises, Inc. Flavor of India
161 E. Orange Grove Avenue 161 E. Orange Grove Avenue Burbank, CA 91502 Burbank, CA 91502
Mama’s Boys Restaurants, Inc. Mama Hong’s Vietnamese Kitchen 2921 E. Miraloma Ave. #11 211 N. San Fernando Blvd.
Anaheim, CA 92806 Burbank, CA 91502
The Site is more particularly described in Figure 1 attached and incorporated by reference and includes a secured trash enclosure (“Enclosure”), as well as unsecured space adjacent to the Enclosure (“Adjacent Space”).
B. Entry Permit and License.
Authority hereby grants permission and license to Licensees to enter upon the Site ATTACHMENT 1 – 4
to use trash bins furnished by Authority for exclusive use by Licensees in accordance with the terms and conditions in this Agreement.
C. Licensee’s Use of the Site.
1. Authority will furnish, through a contractor, bins for disposal of solid waste, organics, and recycling (collectively, “Bins”). Licensees shall dispose of trash by separating solid waste, organics, and recycling materials and disposing such material in the related Bin, as required by the Burbank Municipal Code (“BMC”) and other applicable laws and regulations (collectively, “Applicable Law”).
2. Oil, grease, and any hazardous waste may not be stored or disposed of in the Bins or anywhere within the Site. Licensees must make separate arrangements for disposal of oil, grease, and hazardous waste (if any) at their respective business locations and in accordance with Applicable Law.
3. Licensees shall receive keys to access the Bins. Licensees shall ensure that the side door and the front sliding door to the Enclosure remain closed and locked at all times not in use. Licensees shall lock all Bins located in the Adjacent Space at all times to prevent unauthorized use.
4. The front sliding door to the Enclosure shall only be accessible to the trash collection and maintenance contractors hired by the Authority. Licensees may not use the front sliding door to access the Enclosure, and shall gain access only through the side door to the Enclosure. If any damage occurs to the front sliding door, side door, or other structural elements of the Enclosure or Adjacent Space, Licensees shall immediately notify the Authority.
5. Licensees shall dispose of trash within the appropriate Bins and shall not allow trash to accumulate on the ground or anywhere else throughout the Site, or in a manner that is otherwise unsanitary or creates a nuisance. Licensees shall keep the Enclosure and Adjacent Space free and clear of debris at all times. If Licensees observe trash that is disposed of in violation of this subsection or any Applicable Law, Licensees shall immediately notify Authority. Authority will make arrangements for cleaning and any other necessary remediation, and the costs will be invoiced to Licensees in accordance with the Cost of Service provisions below. Failure to dispose of trash in compliance with this subsection shall be grounds for immediate breach and termination of a Licensee’s rights under this Agreement.
D. Authority Obligations.
1. Authority will engage a contractor to furnish Bins to the Site and provide related trash collection service. Bins will be located in the Enclosure and Adjacent Space. Precise location of the Bins within the Site will be determined by the ATTACHMENT 1 – 5
Authority in its sole discretion and is subject to change by providing Licensees with reasonable advance notice.
2. Authority will engage a contractor to provide cleaning and related maintenance of the Enclosure, Adjacent Space, and surrounding area within the Site.
3. Authority will determine frequency of trash collection service, cleaning, and other related maintenance in its sole discretion, based on Licensees’ usage of the Site and actual conditions of the Enclosure and Adjacent Space. As of the date of this Agreement, Authority intends to engage a contractor to provide seven-day collection service for solid waste, six-day collection service for recyclables and organic waste, and monthly power-washing service with additional frequency as-needed. Authority may also engage porter services to ensure that trash is properly disposed of in the Bins.
E. Cost of Service.
Licensees acknowledge that the right of entry and license granted under this Agreement, as well as the trash collection and maintenance service furnished by the Authority, constitute a conditional privilege granted by the Authority in its sole discretion as the owner of the Site, to assist Licensees in satisfying their solid waste management obligations under BMC Title 4, Chapter 2, and other Applicable Law. In exchange, Licensees agree to be jointly and severally liable for all costs incurred by Authority to perform the Authority Obligations outlined in this Agreement (“Costs”). Such Costs shall be determined by Authority and allocated to Licensees as outlined in this Section.
1. Authority shall enter into service agreements with contractors to furnish the trash collection, cleaning, and maintenance services outlined in this Agreement.
The actual cost of these agreements shall be fully reimbursed to Authority by Licensees.
2. Authority will determine, in its sole discretion, each Licensee’s share of the Costs, taking into consideration factors such as each Licensee’s business square footage and hours of operation, amount and type of trash generated by each Licensee’s business, and any other factors that may assist in determining the reasonable portion of Costs owed by each Licensee. Licensees acknowledge that Authority’s determination of each Licensee’s share of the Costs represents Authority’s best estimate of each Licensee’s use of the Site and related need for trash services, cleaning, and maintenance; however, it is impossible for Authority to precisely determine each Licensees’ allocation of Costs based on actual use. As of the date of this Agreement, the parties have agreed that responsibility for Costs shall be allocated among the Licensees according to the following percentages (“Cost Allocation”):
Licensee Cost Allocation (%)
Continental Burbank, LLC 34.30%
ATTACHMENT 1 – 6
Kalaveras BB Inc 37.18%
Pritam Enterprises, Inc. 8.78%
Mama’s Boys Restaurants, Inc. 19.74%
3. All Costs incurred by Authority in connection with this Agreement, including any future adjustments to the Costs due to service contract price changes, level of service changes, and as-needed cleaning or maintenance, will be split among the Licensees according to the Cost Allocation.
4. If a Licensee’s Term ends under this Agreement and the Licensee is not immediately substituted by a new party, the actual amount of that Licensee’s Cost at the Licensee’s termination will be distributed evenly among the remaining Licensees and result in an automatic adjustment to the remaining Licensees’ Cost Allocation.
5. If a new party is added to this Agreement, the Authority will recalculate Cost Allocations based on the criteria described in Subsection E.2., above.
Notwithstanding this recalculation, Licensees acknowledge that such recalculation may not result in: (1) a change to the Cost Allocation if the new party is substituted as described in Subsection E.4., above, or (2) significant changes to the actual amounts each Licensee owes Authority due to resulting service adjustments that may be necessary to accommodate the new licensee.
F. Payment and Penalties.
Authority will issue monthly invoices to Licensees for reimbursement of actual Costs incurred by the Authority during the prior month. Payment shall be remitted according to any terms included on the invoice, but in any event, will be due and payable to the Authority no later than 30 days after the invoice date. If paying in person, payments shall be delivered to the Burbank City Hall, City Treasurer’s Office, 275 E. Olive Ave, First Floor, Burbank, CA 91502. If mailing, payments shall be mailed to City Treasurer, PO BOX 7145, Burbank, CA 91510 -7145. While all reasonable efforts will be made to collect past due payments from the responsible Licensee, Licensees acknowledge that if collection efforts fail, the Licensees remain jointly and severally liable for all Costs incurred by Authority under this Agreement.
G. Records.
The Authority shall annually provide Licensees a copy of any trash collection contract and maintenance contract entered into to satisfy the Authority Obligations under this Agreement.
ATTACHMENT 1 – 7
H. Indemnity.
Licensees indemnify and hold the Authority and its respective officers, employees, and agents, harmless from each and every claim, demand, action or cause of action, and any cost or expense, including reasonable attorney fees in connection therewith, that may arise in any manner out of the exercise of the rights and privileges granted to Licensees by the provisions of this Agreement, except claims, demands, actions or causes of action resulting solely from acts or omissions of Authority or its respective officers, agents or employees.
I. Bodily Injury and Property Damage Insurance.
Prior to the commencement of the use of the Bins on Site, Licensees shall furnish or cause to be furnished to the Authority duplicate originals or appropriate certificates of bodily injury and property damage insurance policies in the amount of at least $1,000,000.00 combined single limit, naming the “Parking Authority of the City of Burbank, its officers, employees, and agents” as additional insureds on a separate endorsement attached to the Certificate of Insurance. Each policy shall cover the aforementioned damages, and shall cover each Licensee for its joint and several liability under this Agreement.
J. Term.
This permission and license to enter the Site shall be effective only from the execution of this Agreement until terminated by the Authority’s Executive Director which may occur with thirty (30) days written notice (the "Term") unless Licensee is in breach of the Agreement, in which case termination will be effective immediately. Termination of the Term for one Licensee shall not terminate the Agreement for other Licensees whose Term has not been terminated. Prior to the expiration of the Term for all Licensees and related termination of the entire Agreement, if Authority incurs any costs to clean and restore the Site to its original condition, all remaining Licensees agree to immediately reimburse Authority for the entire clean-up cost.
K. Penalty.
If at any time trash is disposed of by a Licensee in violation of this Agreement and results in the need for immediate, unscheduled cleaning or remediation, the Authority may charge the Licensee a penalty in the amount of the full cost of the cleaning or remediation work, or $500.00, whichever is higher. If it is undetermined which Licensee caused the violation, the entire clean-up cost shall be charged to all Licensees according to the Cost Allocation. The Authority shall notify Licensees immediately of the incident prior to charging the entire clean-up cost.
ATTACHMENT 1 – 8
L. Method of Notice.
Any notice or communication (hereafter, a "Notice") required hereunder by the Authority or the Licensees, must be in writing, and may be given either personally, by email, or by registered or certified mail (return receipt requested). If given by registered or certified mail, a Notice shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as a party to whom Notices are to be sent, or (ii) five (5) days after the registered or certified letter containing such Notice, properly addressed, with postage prepaid, is deposited in the United States mail. If personally delivered, a Notice shall be deemed to have been given when delivered to the party to whom it is addressed. If emailed, a Notice shall be deemed to have been given when sent to the party to whom it is addressed. A courtesy copy of any Notice may be sent by email. Any party may at any time, by giving ten (10) days written notice to the other parties, designate any other address in substitution of the address to which such notice or communication shall be given.
Such notices shall be given to the parties at their addresses set forth below:
If to Authority, to:
Parking Authority of the City of Burbank
275 E. Olive Avenue
Burbank, CA 91502
Attention: Burbank Community Development Director
Email: [email protected]
With a Copy to:
Office of City Attorney
City of Burbank
275 E. Olive Avenue
Burbank, CA 91502
Attention: City Attorney
If to Licensees, to:
Continental Burbank, LLC
(includes all of the following businesses:)
1010 Racket Club Drive #104 Ben & Jerry’s 164 E. Palm Ave., #101 Auburn, CA 95603 Finney’s Crafthouse 164 E. Palm Ave., #102 Attention: Gary Henson Republik Coffee 164 E. Palm Ave., #103 Email: [email protected] Sweety’s Candies 164 E. Palm Ave., #104
Kalaveras BB Inc. Kalaveras
2834 Hamner Ave #283 221 N. San Fernando Blvd.
Norco, CA 92860 Burbank, CA 91502
Attention: Isaias Ocampo Brito
ATTACHMENT 1 – 9
Email: [email protected]
Email: [email protected]
Pritam Enterprises, Inc. Flavor of India
161 E. Orange Grove Avenue 161 E. Orange Grove Avenue Burbank, CA 91502 Burbank, CA 91502
Attention: Tarsem Singh
Email: [email protected]
Mama’s Boys Restaurants, Inc. Mama Hong’s Vietnamese Kitchen 2921 E. Miraloma Ave., #11 211 N. San Fernando Blvd.
Anaheim, CA 92806 Burbank, CA 91502
Attention: Lan Pham
Email: [email protected]
M. Not Real Property Interest.
It is expressly understood that this Entry and License Agreement does not in any way whatsoever grant or convey any permanent easement, lease, fee or other interest in the Site to Licensees.
N. Additional Parties.
This Agreement shall run with the property but only if the new tenant or owner signs an agreement incorporating the terms of this Agreement. If the new user is added, notice of same shall be provided to all parties.
O. Authority to Act.
The Executive Director for the Parking Authority shall have administrative authority to take all actions necessary to implement this Agreement and carry out its provisions, including but not limited to the ability to approve and execute amendments to this Agreement where no additional unreimbursed cost is incurred by the Authority, and add additional parties to this Agreement as outlined in Section N, above.
P. Counterparts.
This Agreement may be executed in counterparts and each such duplicate counterpart shall constitute an original, any one of which may be used for any purpose without the production of its duplicate counterpart. Moreover, each counterpart shall be deemed for all purposes to be an original, and all such counterparts together shall constitute one and the same instrument, binding on all Parties hereto. Transmission by facsimile, electronic mail, and/or other validated instantaneous electronic transmission to one Party of a true copy of a counterpart duly executed by the other Party shall constitute ATTACHMENT 1 – 10
valid delivery of such counterpart, and shall be valid, binding and effective for all purposes.
Notwithstanding the foregoing, the authority under this Section to execute this Agreement with an electronic signature shall be limited to a physical (“wet ink”) signature placed on a counterpart to this Agreement by a Party, and transmitted electronically as described in this Section to the other Party.
Q. Governing Law.
The terms of this Agreement shall be interpreted according to the laws of the State of California. The Parties agree and consent to the jurisdiction of the state and federal courts of competent jurisdiction exclusively in the County of Los Angeles, California
R. Entire Agreement.
This Agreement, including any exhibit attached hereto, constitutes the entire agreement of the parties hereto and supersedes any other agreements, either oral or in writing, between the parties with respect to the rights and obligations granted herein, including but not limited to that certain Amended and Restated Entry and License Agreement (and any amendments thereto) entered into between the Authority, the City of Burbank, Continental Burbank, LLC, Luby’s Fuddruckers Restaurants LLC, Flavor of India, and Mama Hong’s Vietnamese Kitchen, which as of the effective date of this Agreement is terminated and superseded.
[Signature page to follow]
ATTACHMENT 1 – 11
"Licensees"
CONTINENTAL BURBANK, LLC KALAVERAS BB INC
By:________________________ By:_________________________ Name:______________________ Name:_______________________ Its:_________________________ Its:__________________________
PRITAM ENTERPRISES INC. Mama’s Boys Restaurants, Inc.
By:________________________ By:_________________________ Name:______________________ Name:_______________________ Its:_________________________ Its:__________________________
“Authority”
PARKING AUTHORITY OF THE
CITY OF BURBANK
By:_________________________
Name:______________________
Its: Executive Director
Approved as to Form
Office of the City Attorney
By:_____________________________
Lisa Kurihara
Senior Assistant City Attorney
ATTACHMENT 1 – 12
FIGURE 1
“SITE”
ATTACHMENT 1 – 13