1 LEASE AGREEMENT BETWEEN THE CITY OF REDONDO BEACH
AND CONTRACTOR
THIS AGREEMENT (this "Agreement" or "Lease Agreement") is made between the City of Redondo Beach, a municipal corporation ("City"), and ___________________________(hereinafter "Contractor'' or "Concessionaire"). ·
The parties hereby agree as follows:
A. Description of Project or Scope of Services. The project description or scope of services to be provided by Contractor, and any corresponding responsibilities of City or services required to be performed by City are set forth in Exhibit "A". Concessionaire's use of the Veteran's Park Community Center (hereinafter, the "Center") shall include the following:
interior of the Center and small parking lot and loading area adjacent to the west and north sides of the Center.
8. Term and Time of Completion. Contractor shall commence and complete the services described in Exhibit "A" in accordance with the term set forth in Exhibit "B".
C. Compensation. Contractor agrees to pay City in accordance with the Rent and Monthly Reporting Section in Exhibit "C"..
D. Application and Information. Rules & Criteria for Nonprofit and Community Group Use are outlined in Exhibit "D".
E. Monthly Reporting Form. Contractor shall utilize the monthly reporting forms attached hereto as Exhibit "E" to comply with the Monthly Reporting requirements outlined in this Agreement.
F. Maintenance. Contractor's maintenance responsibilities are outlined in Exhibit "F" "Maintenance of Center and Equipment".
G. Center Equipment. The Center's kitchen equipment and tables are enumerated in Exhibit "G".
H. Valet Parking Plan. Exhibit "H" Contractor's responsibilities regarding a Valet Parking Plan for the Center are outlined in Exhibit "H".
I. Veteran's Park Community Center Floor Plan. Maps of the Center's floor plan are attached hereto as Exhibit "I".
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J. Waiver and Release of Liability. An exemplar waiver and release of liability form which Contractor may use for its rental of the Center is attached hereto as Exhibit "J". *****
GENERAL PROVISIONS
1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Contractor shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.
3. Inspection. City has the right to enter the Center at any time in the case of an emergency and otherwise at reasonable times, for the purpose of inspecting the condition of the Center and for verifying compliance by Contractor with this Agreement and all applicable laws and regulations. City may enter the premises of the Center, or any portion thereof, from time to time for the purpose of inspecting the premises and/or curing an actual or suspected breach of this Agreement that reasonably requires entry upon the Center. In so doing, City shall use reasonable efforts to minimize disruption to Concessionaire.
4. Services. The project or services set forth in Exhibit "A" shall be performed to the full satisfaction and approval of the City. In the event that the project or services set forth in Exhibit "A" are itemized by price in Exhibit "C", the City in its sole discretion may, upon notice to Contractor, delete certain items or services set forth in Exhibit "A", in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. City shall furnish Contractor, to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Contractor's services hereunder.
Notwithstanding the foregoing, any and all additional data - 4 -
necessary for design shall be the responsibility of Contractor.
5. Uses
A. Except as otherwise provided herein, City grants to
Concessionaire the exclusive right to schedule, manage and provide catering and concession services for the Center.
Concessionaire shall provide catering and concession services to private groups Friday, 12:00 p.m. through Sunday, 12:00 a.m.
Concessionaire may also provide catering and concession services· to private groups up to fifteen percent (15%) of available weekday hours, if non-profit or community group has booked the time slot [see Section(a)(i) below]. City and Concessionaire shall review weekday private catering uses on a semi-annual
basis. Upon review, City may increase or decrease the amount of private catering permitted during weekdays, depending upon impact of lack of impact on nonprofit and community group use of the facility. Catering and concession services are more specifically described in Exhibit "A" Scopeof Services, attached hereto.
i. Concessionaire shall also schedule and manage City and nonprofit and community group use of the Center for
meetings and other activities. City and nonprofit and
community group use shall be provided free of charge
Monday through Thursday, 9:00 a.m. through 9:00 p.m.
and Friday 9:00 a.m. through 12:00 p.m. The application and rules for nonprofit and community group use are
attached hereto as Exhibit "D". Concessionaire shall
provide, upon request, low cost meals to nonprofit and
community groups (price range: approximately $10-$20
per plate plus tax and gratuity for meals where percentage rent is waived) using the Center.
B. Concessionaire's use of the Center shall be limited to the interior of the Center (occasionally referred to as the "premises"), small parking lot adjacent to the north side of the Center and concrete pad adjacent to the west side of the Center and shall not restrict City or any other Party's, use of the exterior area or the surrounding park. Concessionaire may also use no more than one of the two (2) activity rooms, located on the lower level of the Center for Staff Offices, provided that the use of this room shall be limited to the administration of the services described in this Agreement as well as the Circle Drive access road directly north of the Center for event valet parking drop-off and pick-up, and may apply for permits (one per event) to use the grassy area directly north of the Center for wedding ceremonies, if such ceremonies generate additional revenue for City. All other areas of the Center (excluding kitchen and storage rooms) shall be made available to the public.
C. Concessionaire's use of the Center shall be limited to those uses - 5 -
expressly provided for herein and no other.
D. City shall not enter into any contractual arrangement or permit any other party to use the Center for catering or concession services during the term of this Agreement, unless Concessionaire is in default hereunder.
6. Records and Billing
A. Concessionaire shall arrange for and collect all billings and payments for the use of the Center.
B. Within thirty (30) days after the end of each calendar year of the Lease Term, Concessionaire shall further to City a statement, in writing, certified to be correct by the owner of Spectrum Catering, showing the total gross sales made in, upon of from the Premises during each month of the preceding calendar year and the amount of rental paid to City. In the event such statement discloses that the percentage rental on the gross income for any month of the preceding calendar year exceeds the amount of percentage rental paid to City by Concessionaire for said period, Concessionaire shall immediately pay the amount of such deficiency to City.
C. Concessionaire shall keep full, complete and proper books, records and accounts of daily gross sales generated under this Agreement, both in cash and on credit. Concessionaire shall keep all such documents for a minimum of five (5) years. City shall have the right at any and all times, during the regular business hours, to examine and inspect the of the books and records of Concessionaire, including any sales tax report pertaining to the business of Concessionaire conducted in, upon or from the Premises, for the purpose of investigating and verifying the accuracy of any statement of gross sales previously made to City shall be found to be inaccurate, then and in that event, there shall be an adjustment and one (1) party shall pay to the other on demand such sums as may be necessary to settle in full the accurate amount of said percentage rent that should have been paid for the period or periods covered by such inaccurate statement or statements.
7. Concessionaire’s Employees.
Concessionaire shall furnish such number of personnel at the Center at all times as is necessary to maintain efficient levels of services at the Center.
Concessionaire shall employ only competent, responsible persons with reasonable verbal communication skills. In the event that any employee is determined to be unsatisfactory in City's sole and complete discretion, Concessionaire shall immediately cease to allow such person to work at the Center. Concessionaire shall ensure that Employees maintain a new appearance and are neatly attired. Concessionaire shall train all employees in the proper operation of the items of equipment set forth in Exhibit "G", and shall ensure that all Employees maintain the highest standards of cleanliness, courtesy and services.
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8. Professional Ability.
Consultant acknowledges, represents and warrants that Consultant is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of Consultant as a material inducement to enter into this Agreement.
Consultant shall perform in accordance with generally accepted professional practices and standards of Consultant's profession.
9. Complaints. Concessionaire shall promptly respond to all complaints from the public. Concessionaire shall report each complaint, and the action taken in response to such complaint, to City within five (5) calendar days of receipt of said complaint. If City believes a complaint to be of a serious nature, City shall notify Concessionaire in writing, and Concessionaire shall respond to City's inquiry within five (5) calendar days.
10. Parking. Concessionaire shall use its best efforts to provide valet parking for all weekend events ("weekend events" shall mean those events occurring after 5:00 p.m. on Friday evenings and those events occurring at any time on Saturdays and Sundays). Concessionaire's valet parking plan is set forth in Exhibit "H" attached hereto.
11. Permits. Licenses and Taxes. Concessionaire shall at its own expense procure and keep in force during the term of this Agreement all necessary permits and licenses. Concessionaire shall be responsible for the payment of all applicable taxes.
12. Termination.
A. City may, upon twenty (20) days written notice to Concessionaire, terminate this Agreement. without any further obligations to Concessionaire if Concessionaire has breached this Agreement and Concessionaire has failed to correct the breach during said twenty (20) day period; provided, however, that if the default cannot reasonably be cured within twenty (20) days, Concessionaire shall not be in default of this Agreement so long as Concessionaire commences to cure the default within the twenty (20) day period and diligently and in good faith continues to cure the default.
B. Notwithstanding the foregoing, City may terminate the Agreement upon twenty-four (24) hours' notice for any of the following reasons:
i. If Concessionaire voluntarily vacates, abandons (failure to occupy the premises for fifteen (15) consecutive days shall be deemed an abandonment), or discontinues all or part of its operation or services provided pursuant to this Agreement - 7 -
without abandonment of the premises;
ii. If a petition under any federal bankruptcy laws is filed by or against Concessionaire, or an action under any present or future insolvency law or statute is filed by or against Concessionaire;
iii. In the event of an emergency or natural catastrophe which renders the Center unsafe or unavailable for its intended use; iv. If Concessionaire commits an act or activity which could result in substantial damage to the Center or its operations, or which is in direct or substantial interference with the use of the Center; v. Upon failure of Concessionaire to supply City with any of the certificates of insurance required herein or to maintain in full force and effect any required insurance;
vi. Upon the occurrence of any act or omission which results in the suspension or revocation of any license, permit or authority that renders Concessionaire unable to operate the Center or
conduct the services hereunder;
vii. Failure to pay any monetary obligation hereunder when due, if the failure continues for five (5) days after notice has been given to Concessionaire;
viii. Failure to furnish any Monthly Reporting Form within the time required;
ix. Permitting the Center, or any portion thereof, to be used for any purpose or purposes not authorized by or in violation of this Agreement;
x. Voluntarily assigning, or attempting to voluntarily assign, Contractor's interest under this Agreement without City's prior written consent.
13. Consequences of Termination and Surrender. Upon termination of this Agreement, Concessionaire shall immediately surrender possession of the Center to City. In such event City shall be entitled to recover from Concessionaire all damages incurred by City by reason of Concessionaire's default including, but not limited to, the cost of recovering possession of the Center; expenses of re-letting, including necessary renovation and alteration of the Center; reasonable attorney's fees; the amount by which the unpaid rent for the balance of the term after the time of any judgment or award exceeds the amount of such rental loss - 8 -
for the same period that 'Concessionaire proves could be reasonably avoided; that portion of the leasing commission paid by City and applicable to the unexpired term of the lease.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Contractor further acknowledges, represents and warrants that Contractor has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one (1) year.
15. Indemnity. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City and its officers, employees, elected and appointed officials, attorneys, agents and volunteers from and against any and all damages, costs, expenses, claims, liability, demands, suits, causes of action, proceedings, expenses, judgments penalties, liens, and losses of any kind and all costs associated therewith that City may sustain or incur which may be imposed upon them or any of them as a result of or arising out of this Agreement, except for such loss cause by the sole negligence or willful misconduct of City. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement.
16. Waiver of Claims. Except for areas for which City has retained maintenance and repair obligations, Contractor accepts the Center in its "as is" and "where is" condition. Contractor, acknowledging that it has performed similar services to those provided for in this Agreement in the Center, is familiar with the condition of the Center, and is not relying on any representations or warranties of City with respect to the Center or condition thereof. As a material part of consideration for this Agreement, Contractor hereby waives all claims against City for damages to buildings, installations or other improvements in, upon, or about the Center and for injuries to Contractor or third persons in or about the Center from any cause arising at any time, except claims for damages or injuries arising out of or to the extent of the active negligence of City.
17. Waiver of Liability Form. Concessionaire shall require all community and nonprofit groups to sign City's Waiver of Liability form. Attached hereto as Exhibit "D". Concessionaire shall provide all signed Waiver of Liability forms to City upon request.
18. Insurance. See Exhibit "K." Insurance requirements set forth in Exhibit "K" that are waived by the City's Risk Manager do not require amendments or revisions to this Agreement.
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19. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.
20. Compliance with Laws. Contractor shall not use the Premises or permit anything to be done in or about the Premises, the Building or the Land which will in any way conflict with any law, statute, ordinance, code, rule, regulation, requirement, license, permit, certificate, judgment, decree, order or direction of any governmental or quasi-governmental authority, agency, department, board, panel or court now in force or which may hereafter be enacted or promulgated (singularly and collectively "Laws").
Tenant shall also comply with all safety, fire protection and evacuation procedures and regulations established by Landlord or any governmental agency. Tenant shall, at its sole expense and cost, promptly comply with all Laws and with the requirements of any board of fire insurance underwriters or other similar bodies now or hereafter constituted, relating to or affecting the condition, use or occupancy of the Premises.
21. Assignment.
A. Concessionaire shall not assign, transfer, convey or sublease (collectively, "assign") all or any of its rights under this Agreement (including any options to extend the term of the lease) without first obtaining City's written consent, which consent may be withheld in the sole discretion of City. In the event that Concessionaire shall attempt to assign any or all of its rights under this Agreement without first obtaining such consent, City may, in its discretion, immediately terminate this Agreement, and all rights, title and interest of Concessionaire therein shall cease and terminate. Any such termination by City shall in no event release Concessionaire form any obligation that it had prior to the date of termination under this Agreement, nor shall it relieve or release Concessionaire from the payment of any damages to City which City shall sustain as a result of such violation.
B. The acceptance of rent by City from any other person shall not be deemed to be a waiver by City of any provision hereof. Consent to one assignment shall not be deemed to be consent to any subsequent assignment. In the event of default by any assignee of Concessionaire or any successor of Concessionaire in the performance of any of the term hereof, City may proceed directly against Concessionaire without the necessity of exhausting remedies against such assignee or successor.
22. Subcontractors. Contractor shall provide properly skilled professional and technical personnel. to perform any approved subcontracting duties.
Contractor shall not engage the services of any person or persons now employed by the City without the prior written approval of City, which - 11 -
approval may be withheld in the City's sole and absolute discretion.
23. Liens. Concessionaire Tenant shall keep the Premises, the Building and the Land free from all liens, security interests and encumbrances (including, without limitation, all mechanic's liens and stop notices) created as a result of or arising in connection with the Alterations or any other labor, services or materials provided for or at the request of Tenant or Tenant's Affiliates, or any other act or omission of Tenant or Tenant's Affiliates, or persons claiming through or under them. (Such liens, security interests and encumbrances singularly and collectively are herein called "Liens.") Tenant shall not use materials in connection with the Alterations that are subject to any Liens. Tenant shall indemnify Landlord and Landlord's Affiliates for, and hold Landlord and Landlord's Affiliates harmless from and against: (a) all Liens; (b) the removal of all Liens and any actions or proceedings related thereto; and (c) all Liabilities incurred by Landlord or Landlord's Affiliates in connection with the foregoing. If Tenant fails to keep the Premises, the Building and the Land free from Liens, then, in addition to any other rights and remedies available to Landlord, Landlord may immediately take any action necessary to discharge such Liens, including, but not limited to, payment to the claimant on whose behalf the Lien was filed, without any duty to investigate the validity thereof, and all sums, costs and expenses, including reasonable attorneys' fees and costs, incurred by Landlord in connection with such lien shall be deemed Additional Rent under this Lease and shall immediately be due and payable by Tenant. Tenant shall indemnify Landlord and Landlord’s Affiliates for, and hold Landlord and Landlord’s Affiliates harmless from and against, all Liabilities so incurred by Landlord, without regard to any defense or offset that Tenant may have had against the claimant. Neither Landlord’s curative action nor the reimbursement of Landlord by Tenant shall cure Tenant’s default in failing to keep the Premises, the Building and the Land free from Liens.
24. Hazardous Materials.
(a) Tenant shall not cause or permit any Hazardous Material(s) (as defined in this Article) to be brought, kept or used in or about the Building by Tenant, Tenant’s Affiliates, contractors provided Tenant may use and store normal quantities of products used for office purposes (such as toner, cleaning solvents or the like) as long as the same are used in compliance with applicable Laws. Tenant indemnifies Landlord and Landlord’s Affiliates from and against any breach by Tenant of the obligations stated in the preceding sentence, and agrees to defend and hold Landlord and Landlord’s Affiliates harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Building, damages for the loss or restriction or use of rentable or usable space or of any amenity of the Building, damages arising from any adverse impact or marketing of space in the Building, and sums paid in settlement of claims, attorneys' fees, - 12 -
consultant fees, and expert fees) which arise or accrue during, or are attributable to, the term of this Lease as a result of such breach. This indemnification of Landlord and Landlord’s Affiliates by Tenant includes without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material(s) present in the soil or ground water on or under the Building. Without limiting the foregoing, if the presence of any Hazardous Material(s) on the Building caused or permitted by Tenant and/or Tenant’s Affiliates results in any contamination of the Building, Tenant shall promptly take all actions at its sole expense as are necessary to return the Building to the condition existing prior to the introduction of any such Hazardous Material(s) and the contractors to be used by Tenant must be approved by the Landlord, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Building and so long as such actions do not materially interfere with the use and enjoyment of the Building by the other tenants thereof; provided however, Landlord shall also have the right, by notice to Tenant, to directly undertake such mitigation efforts with regard to Hazardous Material(s) in or about the Building due to Tenant’s breach of its obligations pursuant to this Section, and to charge Tenant, as Additional Rent, for the costs thereof.
(b) Landlord covenants and agrees that in the event any unlawful levels of Hazardous Material(s) exist or are introduced in, on or about the Building, due to other than the actions or inaction of Tenant or Tenant's Affiliates, assignees, sublessees, licensees, or contractors, and any such Hazardous Material(s) are reasonably potentially injurious to Tenant's health, safety or welfare, or if any such unlawful levels of Hazardous Material(s) substantially interfere with Tenant's use of the Premises, Landlord shall, if required by applicable Laws, diligently commence to remove, restore, remediate or otherwise abate such Hazardous Material(s) in compliance with all Laws pertaining to Hazardous Material(s).
(c) As used herein, the term "Hazardous Material(s)" mean any hazardous or toxic substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California or the United States Government. The term "Hazardous Material(s)" include, without limitation, any material or substance which is (i) defined as "Hazardous Waste," "Extremely Hazardous Waste," or "Restricted Hazardous Waste" under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140, of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as a "Hazardous Substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "Hazardous Material," "Hazardous Substance," or "Hazardous Waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 - 13 -
(Hazardous Materials Release Response Plans and Inventory), (iv) defined as "Hazardous Substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) regulated by Section 26100 et seq. of the California Health and Safety Code, Division 20, Chapter 18 (Toxic Mold Protection Act of 2001), (viii) listed under Article 9 or defined as Hazardous or extremely hazardous pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "Hazardous Substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. § 1317), or (x) defined as a "Hazardous Waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (42 U.S.C. § 6903), (xi) defined as a "Hazardous Substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq. (42 U.S.C. § 9601).
(d) As used herein, the term "Laws" mean any applicable federal, state or local laws, ordinances, or regulation relating to any Hazardous Material affecting the Building, including, without limitation, the laws, ordinances, and regulations referred to in Article 10.4 (d) above.
25. Subordination. Attornment and Estoppel Certificates.
A. Upon request of City, Concessionaire will, in writing, subordinate itsrights hereunder to the lied of any first mortgage, or first deed of trust to any bank, insurance company or other lending institution, now or hereafter in force against the Center and to all advances made or hereafter to be made upon the security thereof. In the event any proceedings are broughtfor foreclosure, or in the event of the exercise of the power of sale under any mortgage or deed of trust made by City covering the Center, Concessionaire shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as City under this Agreement. This paragraph notwithstanding, as long as Concessionaire is not in default hereunder, this Agreement shall remain in full force and effect for the full term thereof.
B. Upon request, Concessionaire shall promptly execute and deliver to City a certificate certifying (i) that this Agreement is unmodified, and in full force and effect; (or that this Agreement, as modified, is in full force and effect and acknowledging the date and nature of the modifications); (ii) thedate, if any, to which rent and other sums payable hereunder have been paid; (iii) that no notice has been received by City of any default which hasnot been cured, except as to defaults specified in said certificate; and (iv) such other matters as may be reasonably requested by City.
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26. Audits. City may utilize an accountant of City's selection to audit the business of Concessionaire once every calendar year during the term of the Agreement. If the statement of gross sales previously made to City is found to be inaccurate there shall be an adjustment and one party shall pay to the other on demand such sums as may be necessary to settle in full the accurate _amount of said percentage rent that should have been paid for the period or periods covered by such inaccurate statement or statements.
If any audit discloses an inaccuracy in favor of Concessionaire of greater than three percent (3%) with respect to the amount of gross sales reported by Concessionaire for the period of said report, then Concessionaire shall immediately pay to City total cost of such audit; otherwise, the cost of such audit shall be paid by City. If such audit discloses any willful or substantial inaccuracies City may, in addition to any other remedies it may have for Lessee's breach of this Agreement, terminate this Agreement immediately.
27. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assistin the interpretation of the exhibits to this Agreement.
28. Amendment. This· Agreement may be amended or modified only by a subsequent written instrument executed by both parties.
29. Conflicting Provisions. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by Contractor.
30. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit "A" which does not pertain to the project description, proposal, or scope of services (as applicable) to be provided by Consultant, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement.
31. Time of Essence. Time is of the essence of this Agreement.
32. Confidentiality. To the extent permissible under law, Contractor shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder.
33. Third Parties. Nothing herein shall be interpreted as creating any rights or - 15 -
benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Agreement shall not be considered "third parties."
34. Non-Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Consultant hereunder shall be non-exclusive, and City reserves the right to employ other contractors in connection with the project.
35. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.
36. Attorneys' Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees (including expert witness fees) and costs. This provision shall survive the termination of this Agreement.
37. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six (6) months after accrual of the cause of action.
38. Interpretation. Contractor acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this Agreement.
This Agreement shall be interpreted as if drafted by both parties.
39. Warranty. Concessionaire accepts the Center on an "as is" basis without the benefit of any express or implied warranty or representation from City.
40. Condition of Premises. Tenant hereby agrees and warrants that it has investigated and inspected the condition of the Premises, Building, and their suitability for Tenant's purposes, and Tenant does hereby waive and disclaim any objection to, cause of action based upon, or claim that its obligations hereunder should be reduced or limited because of the condition of the Premises, the Building, or the suitability of same for Tenant's purposes. Tenant acknowledges that neither Landlord nor Landlord’s Affiliates has made any representations or warranty with respect to the Premises, the Building, their condition, or with respect to the suitability for Tenant's business. Tenant hereby agrees that the Premises shall be taken "AS-IS", "with all faults" and Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, unless provided in Article 11 below. Tenant, at its sole expense, shall keep the Premises and every part thereof in good condition and repair and shall, upon the expiration or sooner termination of the Lease Term, surrender the Premises to Landlord in good condition. - 16 -
41. Operating Expenses. All costs and expenses of operating, maintaining and repairing the common areas, Building and the Land, including, but not limited to: water and sewer charges; insurance premiums for all insurance policies deemed necessary by Landlord; deductible amounts under insurance policies; janitorial services; wages of Landlord's employees engaged in the operation, maintenance or repair of the Building or the Land, including all customary employee benefits, Worker's Compensation and payroll taxes; reasonable management fees or, if no managing agent is retained for the Building, a reasonable sum in lieu thereof which is not in excess of the prevailing rate for management services charged by professional management companies for the operation of similar buildings; legal, accounting and other consulting fees; the cost of air conditioning, heating, ventilation, plumbing, electricity, water, sewer and other services and utilities serving common areas; elevator maintenance; capital improvements and replacements to all or any portion of the Building and the Land made after completion of the Building, appropriately amortized over the useful life of such improvements; all costs and expenses incurred by Landlord and interest on any funds borrowed to pay the cost of any capital improvements as a result of or in order to comply with any Laws, including, but not limited to, Laws pertaining to energy, natural resources conservation, safety, environmental protection; supplies, materials, equipment and tools; and maintenance and repair of all common areas.
Operating Expenses do not include the depreciation on the existing Building and improvements, loan payments, executive salaries, real property and other taxes (see article 26 or real estate broker's commission.
42. Discrimination. In connection with this Agreement, Concessionaire shall not discriminate against any person on the basis of race, religion, color, sex, age, national origin, or physical handicap. Concessionaire acknowledges that the Center is designed primarily as a multi-purpose facility to accommodate the educational, cultural and social needs of a diverse community. Concessionaire shall therefore make the Center available to all citizens, businesses, and community groups and organizations on a first-come, first-serve basis, without giving preferential treatment to any individual or group under any circumstance.
Concessionaire hereby certifies and agrees that, in all matters affecting this Lease, it will comply with all applicable federal, State, and local laws and regulations prohibiting discrimination of any kind, including but not limited to, the Federal Civil Rights Act of 1964, Unruh Civil Rights Act, Cartwright Act, State Fair Employment Practices Act, and Americans with Disabilities Act.
43. Employment Records. All employment records shall be open for inspection and reinspection by City at any reasonable time during the term of this Lease for the purpose of verifying the practice of nondiscrimination by Concessionaire in the areas heretofore described.
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44. Severance. Any provision of this Agreement that is found invalid or unenforceable shall be deemed severed and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law.
45. Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Contractor.
46. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.
47. Notices. All notices required herein shall be personally delivered or mailed to the below listed addresses:
Concessionaire:·
City:
City of Redondo Beach
Department of Recreation and
Community Services
1922 Artesia Blvd.
Redondo Beach, CA 90278
(With copy to:)
Redondo Beach City Attorney
415 Diamond Street
Redondo Beach, CA 90277
48. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and supersedes any previous Agreements, oral or written. The Agreement may be modified and provisions waived only by subsequent mutual written Agreement, executed by City and Concessionaire.
49. Inability to Perform. Landlord shall not be in default hereunder nor shall Landlord be liable to Tenant or Tenant's Affiliates for any Liabilities if Landlord is unable to fulfill any of its obligations, or is delayed in doing so, if the inability or delay is caused by reason of accidents, breakage, strike, labor troubles, acts of God, or any other cause, whether similar or dissimilar, which is beyond the reasonable control of Landlord.
50. Joint Obligation. If Tenant consists of more than one person or entity, the - 18 -
obligations of such persons or entities as Tenant shall be joint and several.
51. Force Majeure. Neither party will be liable for any failure or delay in the performance of its obligations hereunder on account of events beyond the reasonable control of such party, which may include, without limitation, government action, acts of God, war, terrorism, fire, flood, earthquakes or other natural disasters, denial-of-service attacks or communication line or power failures or material shortages or labor conditions provided that such party gives prompt notice to the other party, and use its commercially reasonable efforts to resume performance as soon as reasonably practicable. However, if the Center is damaged to the extent that it is unusable or would require for ninety (90) or more days to be repaired, Contractor shall be entitled to terminate this Agreement and surrender possession of the Center to City without incurring the consequences outlined in Section 13 of this Agreement.
[SIGNATURES FOLLOW ON NEXT
PAGE]
C-1304-037
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IN WITNESS WHEREOF, the parties have executed this Agreement in RedondoBeach, California, as of this ____ day of ______, 202_.
CITY OF REDONDO BEACH CONCESSIONAIRE
__ __ By: _______________________
William C. Brand, Mayor
Name:_______________________
Title: _______________________
ATTEST:
__________________________
Eleanor Manzano, City Clerk
APPROVED:
__________________________
Risk Manager
APPROVED AS TO FORM:
_____________________________
Michael W. Webb, City Attorney
- 14 -
EXHIBIT "A"
SCOPE OF SERVICES
Facility Description:
The Center is a three-level, 11,400 square foot facility located in Veterans Park.
Constructed in 1930 as the City's Main Library, the building has been restored to recapture its historic character and appearance. The Center features a grand ballroom, meeting rooms, catering facilities, support facilities, and an elevator.
The Center is fully accessible to the disabled. A floor plan of each level is included as Exhibit "I".
Main Floor
■ A 6,356 square foot grand ballroom.
■ Included is a 700-square foot room available for smaller meetings or functions.
■ Historical bookshelves, light fixtures and a panoramic view add to the truly unique flavor of the building.
Lower Level
■ Two activity/meeting rooms (approximately 400 square feet each) which will accommodate small groups.
■ Men's restroom with three water closets, two urinals and two sinks. ■ Women's restroom with six water closets and two sinks. ■ An 870 square foot catering kitchen equipped with storage cabinets, refrigerator, freezer, sinks, microwave oven and grill, capable of serving hot and cold food and beverages. A detailed inventory and diagram of kitchen equipment is included as Attachment "G".
Mezzanine Level
■ 1,098 square foot area overlooking the main level.
Outside Area
■ Paved concrete driveway in rear of building for deliveries. ■ Small parking lot adjacent to building for ADA and staff parking. ■ Loading area directly west of Center.
■ Grassy area on the building's west side available for outside ceremonies and activities.
Concessionaire's use of the Center and Veterans Park shall include the following: interior of the Center and small parking lot and loading area adjacent to the west and north sides of the Center and may apply for permits {one per event) to use the grassy area directly north of the Center for wedding ceremonies, if such ceremonies generate additional revenue for City. Concessionaire may also use no more than one of the two (2) activity rooms, located on the lower level of - 15 -
the Center for Staff Offices, provided that the use of this room shall be limited to the administration of the services described in this Agreement. All other areas of the Center (excluding kitchen and storage rooms) shall be made available to the public. Concessionaire may also use the Circle Drive access road directly north of the Center for event valet parking drop-off and pick-up, and may apply to the City for permits (one permit per event) to use the grassy area directly north of the Center for wedding ceremonies, if such ceremonies generate additional revenue for the City.
Concessionaire's Responsibilities:
1. City grants Concessionaire exclusive rights to manage and operate the Veterans Park Community Center (hereinafter, "the Center") as a full service wedding, banquet and special events facility.
2. The Center's staffing shall at all times include at least one of the following:
General Manager, Sales Manager or Assistant Sales Manager.
3. Concessionaire shall make the Center available for rental and for community group use as outlined in Exhibit "D" three hundred and sixty-five (365) days per year, excluding City recognized holidays. Concessionaire shall book and manage nonprofit community group use of the Center at no charge to City.
Concessionaire shall also make the facility available to City free of change for City events; and, if catering is required such service shall be provided at a discounted rate.
4. Concessionaire's use of the Center shall be limited to those uses expressly provided for herein and no other.
Concessionaire shall:
5. Supply all food, beverages and labor needed to cater all functions;
6. Advertise and market the Center;
7. Coordinate all scheduling and billing
(associated withthe functionsConcessionaire provides for the Center);
8. Provide maintenance and janitorial services for the Center;
9. Provide all linens, dishes, flatware, cooking utensils, decorations and othernecessary implements for foodservice.
Concessionaire shall not:
- 16 -
10. Post or place any sign on or about the Center without City's prior written consent.
11. Make or suffer to be made any alterations, additions or improvements (collectively, "improvements") to the Center without the prior written consent of City in its sole discretion. Improvements shall be at Concessionaire's own expense unless otherwise agreed by the parties in writing. City may charge its usual and customary fees for any licenses or permits in connection with the approval and inspection of the improvements. Unless City indicates otherwise in writing, any alteration, addition or improvement made or suffered to be made by Concessionaire shall on the termination of this Agreement become part of the Center and belong to City. Upon notice to Concessionaire, Concessionaire shall at its own expense forthwith remove the improvements and repair any damage to the Center caused by such removal.
City's Responsibilities:
1. City shall provide tables available for all functions to be held at the Center.
2. City shall provide kitchen equipment and tables as described in Exhibit "G" in an as-is condition as of the commencement date of this Agreement.
3. City shall pay for repair or replacement of any equipment described in Exhibit "G" that that fails due to normal use during the term of this agreement except as follows: Concessionaire shall pay fifty percent (50%) of the cost, up to twenty five thousand dollars ($25,000), to repair or replace any equipment described in Exhibit "G" that fails due to normal use during the full term of this Agreement.
4. City shall repair or replace any equipment listed in Exhibit "G" that is damaged, destroyed or stolen due to vandalism or theft. Vandalism or theft must be reported to City by Concessionaire within twenty four (24) hours of occurrence.
5. City shall maintain the Center's foundations, bearing and exterior walls (including glass and doors, window frames), subflooring and roof (including gutters and downspouts); excluding any damage caused by Concessionaire or Concessionaire's clients which shall be covered by Concessionaire's or the client's insurance or by the client's damage deposit. Concessionaire shall be responsible for cleaning all of the Center's windows.
6. City shall maintain all major building systems, including HVAC system, elevator, electrical system, plumbing and sewer systems excluding any and all blockages of Center drain lines which shall be Concessionaire's responsibility.
- 17 -
7. City shall maintain all surrounding grounds in a manner consistent with normal public landscape practices, including planters, irrigation systems, walkways, service driveway. City shall also maintain staff and disabled persons parking lot.
8. In the event of construction of an Events Plaza in the park, City shall provide notification to Concessionaire of at least sixty (60) days prior to construction taking place.
9. City warrants and represents that it shall not permit the construction of an Events Plaza between April 1 and October 31 of any year during the term of this Agreement.
10. City shall not enter into any contractual agreement or permit any other party to use the Center for catering or concession services during the term of this Agreement, unless Concessionaire is in default hereunder.
11.City shall replace the carpeting at the Center within the first two (2) years of the term of this Agreement.
- 18 -
EXHIBIT "B"
TERM
The term of this Agreement shall commence _____________, 202_ and shall terminate, unless otherwise extended per the terms of this Agreement, ________________, 202_.
OPTIONS TO EXTEND
1. Concessionaire shall have the option of extending the original term of this Agreement for no more than three (3) additional periods of twelve (12) months each, provided that all of the following conditions precedent are satisfied:
i. This Agreement is in effect both at the time that the notice to exercise the option is given and on the last day of the term;
ii. Concessionaire notifies City in writing of its intent to exercise the option at least three hundred and sixty-five (365) days prior to the expiration of the term; and
iii. Concessionaire is not in default of any of the provisions of this Agreement at the time notice of the intent to exercise the option is given or as of the last day of the term.
2. If Concessionaire chooses to extend the original term of the Agreement, upon the exercise of the first (1st) option, the following items shall be renegotiated:
i. Percentage of gross revenue paid to City;
ii. Annual minimum paid to City; and
iii. Percentage of maintenance, repair and replacement costs for tables and kitchen equipment to be paid by Concessionaire, and cap on total dollar amount to be paid by Concessionaire for maintenance, repair and replacement of tables and kitchen equipment.
-19-
EXHIBIT "C"
RENT AND MONTHLY REPORTING
1. Concessionaire shall pay City monthly rent in the amount of:
i. Nineteen percent (19%) of gross monthly sales occurring Friday after twelve o'clock pm, (12:00 p.m.) and all Saturday and Sunday events for years one through three (1-3) of the Agreement; and,
ii. Twenty percent (20%) of gross monthly sales occurring Friday after twelve o'clock pm, (12:00 p.m.) and all Saturday and Sunday events for years four through seven (4-7) of the Agreement; and,
iii. Twelve percent (12%) of gross monthly sales for all private Monday through Thursday events and events occurring Friday before twelve o'clock pm, (12:00 p.m.); and,
iv. Twelve percent (12%) of gross monthly sales for all nonprofit or community group events occurring Monday through Thursday that are catered. The percentage shall be subject to waiver by City on a case by case basis.
2. Conditions of Payment of Rent:
i. As used herein, "gross sales" shall mean all the money or other items of value received by Concessionaire for all goods and services contracted for or provided by Concessionaire at the Center, and includes any uncollected or uncollectable accounts; but excludes taxes and gratuities. ii. Concessionaire shall pay City a minimum of $150,000 annual rent. iii. The full amount of the percentage rent or minimum rent, as applicable, (collectively, "rent") shall be paid without deduction, set-off, notice or demand, irrespective of whether Concessionaire has been paid for the underlying services or sales.
iv. No later than the fifteenth (15th) day following each calendar month, Concessionaire shall file a monthly written report, certified by Concessionaire under penalty of perjury to be correct, of all: (1) advance deposits, (2) gross sales, and (3) any other amounts made, charged or collected by Concessionaire during the preceding month. Said report shall be prepared on the form included in Exhibit "E" attached hereto. Said report shall be filed with City, together with Concessionaire's monthly rent payment.
-20-
v. Concessionaire shall, within thirty (30) days after the end of each calendar year of the term of this Agreement, furnish to City a statement, in writing, certified to be correct by the owner of Concessionaire, showing the total gross sales made in, upon or from the Premises and the amount of rental paid to City during each month of the preceding calendar year. In the event such statement discloses that the percentage rental on the gross income for any month of the preceding calendar year exceeds the amount of percentage rental paid to City by Concessionaire for said period, Concessionaire shall immediately pay the amount of such deficiency to City.
3. Acceptance of Rent: The acceptance of rent by City from any other person shall not be deemed to be a waiver by City of any provision of this Agreement.
4. Late Charge: Concessionaire acknowledges that late payment by Concessionaire to City of the monthly or percentage rents will cause City to incur costs not contemplated by this Agreement, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges. Accordingly, if any installment of rent or any other sum due from Concessionaire shall not be received by City within five (5) days after such amount is due, Concessionaire shall pay to City a one-time late charge equal to ten percent (10%) of such overdue amount, in addition to interest on the overdue amount from the date due at the maximum rate allowable by law. The parties hereby agree that such late charge represents a fair and reasonable estimate of the cost City will incur by reason of the late payment by Concessionaire. Acceptance of such late charge by City shall in no event constitute a waiver of Concessionaire's default with respect to such overdue amount, or prevent City from exercising any of its other rights and remedies hereunder.
5. Utilities: Concessionaire shall pay all charges for electricity, gas, and hot and cold domestic water services to the Center. Concessionaire shall be responsible for providing for trash removal, and telephone services.
Concessionaire shall also pay for an alarm service at the Center.
6. Security Deposit: City shall retain the $5,000 deposit provided by Concessionaire in 1996 as a security deposit for the performance by Concessionaire of the provisions of this Agreement. If Concessionaire is in default of the terms of this Agreement, City may use the security deposit, or any portion of it, to cure the default or to compensate City for any and all damage sustained by City resulting from Concessionaire's default.
Concessionaire shall immediately on demand pay to City a sum equal to that amount of the security deposit expended by City so as to maintain the security deposit in the sum initially deposited with City. If Concessionaire is not in default upon the termination of this Agreement, City shall return the security deposit to Concessionaire.
-21-
EXHIBIT "D"
VETERANS PARK COMMUNITY CENTER
INFORMATION, RULES AND CRITERIA FOR NONPROFIT AND COMMUNITY
GROUP USE
Eligible Users
The Veterans Park Community Center shall be available rent-free to nonprofit and community volunteer groups for meetings Monday -Thursday, 9:00 a.m. - 9:00 p.m. and Friday 9:00 a.m. - noon.
• Redondo Beach groups have first priority
o Redondo Beach groups consist of at least 51% residents • Nonprofit groups are defined as 501(c)(3) groups under federal nonprofit tax law
• Community volunteer groups are defined as groups that are managed and staffed by volunteers and that serve Redondo Beach.
Reservations/Applications for Use
• A signed application for use of the Center must be submitted to Spectrum Catering for approval. Groups must also include the following materials with their applications:
o A membership roster or proof of federal 501(c)(3) nonprofit status. o A signed "Waiver and Release of Liability" form (attached). o A layout diagram of proposed event and a request for tables and chairs (set up free of charge).
o Request for coffee and/or water (provided free of charge). o Request for low cost meals.
• Groups may reserve the Veterans Park Community Center up to twelve (12) months in advance for one-time uses.
• Groups may reserve the Veterans Park Community Center up to 26 times per year, based on availability, unless an exception is granted by the City Council, City Manager or his/her designee.
• Groups may reserve an ongoing time slot through the end of the current calendar year (example: 1
st and 3rd Thursdays of each month, 7:00 - 9:00
p.m.). .
• All reservations for ongoing time slots expire December 31"1 of each year.
Groups seeking to renew their ongoing time slots must reapply in writing on or after the first business day of January. Ori-going time slot reservations will be made on a first-come, first served basis. Groups may apply in person or via mail. Postmark date will be considered date of application for mailed-in applications. In the event the same slot is requested by two or more groups simultaneously, priority will be given to the group with the largest Redondo Beach resident base. • All efforts will be made to accommodate privacy and to provide exclusive areas within the facility. However, due to the layout of the building, up to - 22-
three groups may use the facility at the same time and privacy cannot be guaranteed.
Initial
- 23 -
General Rules
• No food or beverages of any kind, including absolutely no alcoholic beverages, may be brought into the facility.
• Any proposed decorations must be approved in advance by Spectrum Catering. No tacks, nails, pins, duct tape or staples may be used in or on the walls or woodwork.
• Confetti, glitter, bird seed and rice are not permitted in the facility. • Each user is responsible for returning the facility or area within the facility to its pre-event condition and cleanliness. Adequate time for clean up must be booked as part of the reservation.
• A cleaning deposit may be required at the discretion of Spectrum Catering.
• Vendors/outside services contracted by the community group/nonprofit must be approved by Spectrum Catering.
• Groups selling items/merchandise or charging admission for events held at the Community Center may be subject to rental charges.
A refundable cleaning deposit in the amount of $ is required to confirm your reservation.
(name of organization) agrees to vacate the facility at the contracted closing time. In the event the facility is occupied after the contracted closing time, (name of organization)
agrees to pay any and all additional overtime rates for Room Rental and Staff, along with any other services contracted from Spectrum Catering. A minimum of $25 per hour will be charged for any group that occupies the facility in excess of the hours contracted for. Failure to vacate the Center and/or pay overtime charges could be cause for cancellation of future booked dates or opportunities to book future dates.
I have read the Veterans Park Community Center Information, Rules and Criteria for Community Use and certify that· (name of
organization) will comply with all rules and requirements stated herein.
NAME: _DATE: _
(Authorized Representative- Print Name)
TITLE: _
(Signature)
-24-
Indemnity
To the fullest extent permitted by law, (name of
organization) shall indemnify, defend and hold harmless the City of Redondo Beach (City) and its officers, employees, elected and appointed officials, and volunteers, and The Spectrum Holding Company Inc. and its officers, employees, and volunteers from any and all claims, damages, losses and expenses including without limitation attorney's fees and costs and expert witness fees, caused in whole or in part by any negligent act or omission of the Event Holder, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, or its failure to comply with any law, except where caused by the active negligence, sole negligence or willful misconduct of the City.
NAME: _
(Print Name)
TITLE: _
(Signature)
DATE: _
- 25 -
EXHIBIT "E"
MONTHLY REPORTING FORM
Catered Events
EVENT DATE EVENT TYPE GROSS SALES
RETURNED TO CITY
AMOUNT %
Totals $ $
Nonorofit/Communitv Events '
EVENT DATE NAME OF GROUP HOURS OF USE
i
'
- 26 -
EXHIBIT "F"·
MAINTENANCE OF CENTER AND EQUIPMENT
1. All maintenance associated with the operation of the Center shall be assumed by Concessionaire. Concessionaire shall maintain and repair the Center and all equipment and materials used by Concessionaire in a clean and sanitary condition, free from rubbish, refuse, food scraps, garbage, dust, dirt, offensive or unclean materials, roaches and other insects, rodents and vermin, to the satisfaction of City and in full compliance with all applicable Health Department regulations. Concessionaire shall provide a maintenance plan subject to City approval, which outlines the maintenance schedule for the Center.
2. City and Concessionaire shall be responsible for fifty percent (50%) each, for up to twenty five thousand dollars ($25,000) of the cost of repair or replacement of any equipment listed in Exhibit "G" that fails due to normal use during the first seven (7) years of the term of this Agreement. City shall pay one hundred percent (100%) of any costs to repair or replace equipment over and above twenty five thousand dollars ($25,000) during the first seven (7) years of the term of this agreement. ·
City shall repair or replace any equipment listed in Exhibit "G" that is damaged, destroyed or stolen due to vandalism or theft. Vandalism or theft must be reported to City by Concessionaire within twenty four (24) hours of occurrence.
3. All food service materials, including, but not limited to, china, glassware, flatware, containers, and other such enclosures used to contain individual food or beverage portions, shall be clean and stored so as to be protected from dust, dirt, roaches and other insects, rodents, vermin, and from unsanitary handling and unclean materials.
4. Concessionaire shall, during and immediately following each event, remove from the Center all rubbish, refuse, food scraps, and garbage to a location approved by City for refuse storage and pickup. Concessionaire shall arrange and pay for the removal and disposal of such refuse from the specified storage area.
5. Concessionaire shall provide, at its cost and expense, pest control service for the extermination of specified insects and other pests from the Center.
6. Concessionaire shall not do, nor permit to be done, anything which may unreasonably interfere with the effectiveness of air conditioning systems within the concession premises or elsewhere in the facilities.
7. Concessionaire shall not obstruct, or cause to be obstructed, any portion of the sidewalks, loading docks, entries, passageways, vestibules, halls, elevators, or other ways of access to the premises for any purpose other than the - 27 -
immediate ingress, egress, loading or unloading to or from the premises.
Concessionaire may, however, use the Center's loading dock for pre-reception activities.
8. Concessionaire shall be solely responsible for any damage or loss, other than normal wear and tear, arising out of or from Concessionaire's use of any City-owned equipment used by Concessionaire during the course and scope of this Agreement. ("City-owned equipment" is defined as all items listed on Exhibit "G.") If any City-owned equipment is damaged, lost or destroyed, Concessionaire shall replace the same or pay City the cost of repair or cost of replacement of such equipment to City within thirty (30) days of discovery of the loss or damage.
9. Concessionaire shall clean and maintain kitchen equipment, including ice machine, freezer and refrigerators, slicer, heated food carriers, fire suppression system for hood, oven range combination, water softener, and ware washer.
10. Concessionaire shall provide regular cleaning and periodic maintenance of building's interior finish surfaces, and shall paint same if they become unsightly in the reasonable determination of City.
11. Concessionaire waives the right to make repairs at City's expense. -28-
EXHIBIT "G"
KITCHEN EQUIPMENT & TABLES LIST
Quantity
1 Description
Ice Machine
1 Ice Bin
1 Refrigerator
2 Work Table
1 Sink
1 Elect. Receptacle.
1 Overshelf
1 Roll-In Freezer
1 Hand Sink
1 Slicer Stand
1 Slicer
1 Roll-In Refrigerator
1 Urn Stand w/ Sink
1 ·corner Guard
1 Microwave Oven & S/S Shelf
1 Heated Food Carrier
1 Fire Suppression System (part of
canopy Hood)
1 Canopy Hood
-29-
'
Quantity Description .:
1 Griddle/0.B. Range wt 2 Oven
1 Pot Sink Assembly
1 Pot Rack
1 Dishtable Assembly
1 Rack Shelf
1 Disposer
1 Warewasher
4 Shelving
1 Floor Trough & Grate
2 Roll-In Racks
1 Water Softener
35 66" Round Table
3 60" Round Table
10 36" Round Table
8 8' Banquet Table
9 6' Banquet Table
4 5' Serpentine Table
2 60" ½ Round Table
- 30-
EXHIBIT "H"
VALET PARKING PLAN
Concessionaire shall subcontract with a licensed, insured and bonded valet company to park all vehicles belonging to persons attending events at the Veteran's Park Community Center. The valet company shall use the Circle Drive directly north of the Community Center in Veteran's Park as the drop-off and pickup point for all vehicles. Concessionaire shall obtain an off-site parking lot with sufficient spaces for all vehicles for each event. There shall be sufficient valet personnel to ensure that all vehicles shall be removed from the site in a timely manner, and Concessionaire shall instruct valet company that no vehicles shall be parked in any grass or sidewalk area of the park (outside of temporary parking along the Circle Drive). Use of the entire Circle Drive shall be necessary during the entire event and may cause restrictions for short periods of time for traffic that is not related to the event.
- 31 -
-----/;,
I I
I I
I I
I I
I , I
'-------'
□
C C
C C
VETERANS PARK COMMUNITY CENTER
MAIN FLOOR
' ' j
EXHIBIT "I"
VETERANS PARK COMMUNITY CENTER FLOOR PLAN
- 32-
QI
LI
I
...IJ
VETERANS PARK COMMUNITY CENTER
MEZZANINE FLOOR
- 33 -
C C C 0 Cl O C
0 0 0
VETERANS PARK COMMUNITY CENTER
LOWER FLOOR
- 34 -
EXHIBIT "J"
WAIVER AND RELEASE OF LIABILITY
Indemnity: to the fullest extent permitted by law,------, ----------,- (Event Holder) shall indemnify, defend and hold harmless the City of Redondo Beach (City) and its officers, employees, elected and appointed officials, and volunteers from any and all claims, damages, losses and expenses including without limitation attorney's fees and costs and expert witness fees, caused in whole or in part by any negligent act or omission of the Event Holder, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, or its failure to comply with any law, except where caused by the active negligence, sole negligence or willful misconduct of the City.
NAME: _
(Print Name)
TITLE: _
(Signature)
DATE: _
- 35 -
EXHIBIT "K"
INSURANCE REQUIREMENTS FOR CONTRACTORS
Without limiting Contractor's indemnification obligations under this Agreement, Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
Workers' Compensation insurance as required by the State of California.
Employer's Liability Insurance.
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project/location.
Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers or (2) the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Endorsement:
- 36 -
General Liability: The City, its officers, elected and appointed officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of work performed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy.
For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Contractor's part.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
Verification of Coverage
Contractor shall· furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications.
Standard ISO forms which shall be subject to City approval and amended to conform to the City's requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements are to be received and approved by the City before the contract is awarded_. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Risk Management
Contractor acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.