4 -,~ay Management, Inc.
- 1111
May 23, 2022
ABC Tree Farms, LLC
2464 El Camino Real Ste 934
Santa Clara, CA 95051
Re: Letter Agreement between Moonlite Assoc iates LLC and ABC Tree Farms, LLC, a California limited liability company
To Whom It May Concern:
In consideration .of your .cov.enants set forth below, Lesso r agrees to your temporary lease of a portion of Moonlit e Shopping Center as described herein. (1.) The leased area here in ("Leased Area") is located in the parking lot ofMoonlite Shoppin g Center in Santa Clara, California and further outlined in red on Exhibit "A" attached hereto. T he Lessor is MOONLITE AS SOCIA TES LLC and the Lessee is ABC TREE FARMS, LLC. (2.) The tenn ofthjs lease is August 16, 2022 thro ugh December 31, 2022. (a) In the event Licensee is unable to obtain the necessary permits to operate its plann ed business upon the property from the City of Santa Clara, or any other governmen t agency that requires Lkeosee to obtain a pennit, Licensee shall advise Lkensor in writing of such denial of the needed pennit and the License Agreeme nt shall be .tenninated at such time. Licensee shall be entitl ed to the unused portion of the rent paym ent made in advance. (3.) Rent shall be in the sum of FIVE THOUSAND AND 00/100 ($5 ,000~00) per month payable begi nning Septem ber 1, 2021. With payment for August 2022 of TWO THOUSAN D AND 00/100 ( $2,500.00) . Please remit the first month's rent upon the execution of this Letter Agreement.
(4.) The Leased Area shall be used for the purpose of a Pumpkin Patch and Christmas Tree Farm , selling pumpkin s, trees and seasonal fruits.
(5 .) Lessee shall lease the Leased Area in an "as is" condition. (.6.) T.enant shall surrender Premises to .Owner in .good.order, condition and.repair , with all personal property removed , and Area shall be left in a ''BROOM -CLEAN' ' cond ition . (7.) Lessee cove nants and agrees that :
(a.) Lessee shall provide an insurance certificat e naming MOONLITE ASSOCJATES LLC, as addit ional insured , specifying Moon lite Shopping Center , as the location with a comprehens ive g.eneral liabili cy amount.of$2,000,000.
1350 OLD BAYSHORE HIGHWAY. SUITE 800- BURLINGAME, CA. 94010-1617-TE LEPHONE (650) 952-2300 FAX (650) 581-1912 www.scmre.com
5 (b.) Lessee agrees to defend, indemnify and hold Lessor harmles s from any damage or liability of any kind arising out of any injury to or death of persons or damage to the property of Lessee, Lessor or any other person or entity which occurred during the term of this Letter Agreement, from any cause whatsoe ver, by reason of the use, occupancy and enjoyment of the leased area by Lessee or any person and save the Lessor harm less from all liability arising out of the supply of Labor material supplied to or benefiting the leased area during the term of this Letter Agreement. This indemn ification shall extend to the retention of legal counsel , payment of attorney 's fees, the expenditure of investigation costs and all other costs, expenses and liabilities in defending and/or settling any such lien, claim or demand. (c.) In the event that Lessee is (a) unable to operate from leased premises due to any COVID-19 related city, county, or state restrictions ( including Lessee's inability to obtain permits to operate from the leased premises due to COVID- 19 and due to city, county, or state restrictions) , or (b) required to shut down or not operate from the leased premises due to a virus threat; Lessee shal l notify Lessor within three days of such and Lessee shall be entitled to terminate this Lease as of the date of such notification. In the event of termination of the Lease by Lessee in accordance with the tenns of this paragraph ; (1) the Lessee shall at once surrender the said premises and alJ interest therein to Lessor; and (2) rents shall be prorated as to the length of the term of tenancy prior to the termination and if rentals are paid in advance , any unused portion shall be refunded to Lessee by Le.ssor. (d.) Lessee agrees to hold the contents of this Letter Agreement in full confidence and not to disc lose its context.
Please indicate your agreement to the above stated terms and conditions by signing in the designated area below, and return both copies. You wilJ rece ive a fully executed copy shortly thereafter. If you shou ld have any further questions , please contact Deborah Hemlock at (650) 228-2201.
Cord ially,
MOONLITE ASSOCIATES LLC,
a D elaware limited liability company
By: SC!ay Management, Inc.
are corporation
BJM/JLM
Encl.
6 The undersigned hereby agrees to the terms and conditions set forth in the foregoing Letter Agreement
ABC TREE FARMS, LLC,
a .California limited liability company
5/24/2022
Holly Prinz, Director of Operations Date
7 EXHJB1T A
I :;
l Untitled Map
' ·rite J d:!scr.p:ion o · cur 013
Method of Operations Proposed Halloween/Pumpkin Patch
ABC Tree Farms, LLC
Moonlight Center, 2610 El Camino Real, Santa Clara, CA
APN 290-06-020
2022
Proposed Days are September 1, 2022 through November 10, 2022 for the Pumpkin/Halloween Sales, which includes several days for set up and tear down of the operation. Lot will be open to the public from September 17 through October 31, 2022. Hours of operation will be Seven days a week, Sunday through Thursday we will open at 10:00 AM and close at 9:00 PM. Friday and Saturday we will open at 10:00 AM and remain open until 10:00 PM.
The area will be as diagrammed in the attached Potential Halloween/Pumpkin Patch Plot Plan. All necessary permits and approvals will be acquired from the City. Garbage and chemical toilets including (1) handicap accessible toilet will be provided on the site (90”H x 67” W x 86.5D with seat height of 19”. We have no hazardous chemicals on our site. Tent permits will be filed with the local Fire Department. Handicap parking will be available at the entrance with a 36” wide clear path accessible by wheelchairs to the cashier booth/area. We are requesting the use of a 40’ x 40’ tent with posted signs of Maximum Occupancy of 80 on each side of tent and (1) 20’ x 60’ tent (consisting of 3 20x20 canopies side by side) with posted signs of Maximum Occupancy of 40 on each side of tent which are all made of Fire Retardant material and with label attached. Tent will be open on all sides. Lighted exit signs will be placed inside the 40’ x 40’ tent and will be on two separate circuits in the tent. This will be cleared through the appropriate Building and Fire Departments. Power will be supplied by Silicon Valley Power with (2) 200 amp temporary power poles with permits pulled through the Building Department. Signage will be as diagrammed (exit, no smoking). Parking is as diagrammed on the site plan and traffic flows will be as diagrammed. We will have approximately 9 inflatable amusements including bounce houses, obstacle courses and slides for children ages 2-12 that meet all California state requirements and one hard slide. Inflatables are tied down using 1"x36" double head steel stakes made by Hogan Tent Stakes that go into the ground 30 inches. Each stake has the capability of holding down 2000 lbs. The tie down consist of a minimum 3/8" polypropylene rope with a minimum breaking strength of 2430 lbs.
The rope is tied to stake and all tie downs located on the inflatable. Tie downs are double stitched on all inflatables. Small Jumpers (20x20) generally have 6-10 tie downs. Medium Size Jumpers or 3N1's generally have 8-12 tie downs and 40x60 Slides have 20 tie downs.
Items that will be available will be pumpkins, inflat able amusements, Halloween Sundries and décor along. Anticipated attendance over the course of 30 days is approximately 2500 people. Our application is similar to the operations we ran in the 2017-2021 seasons.
COVID-19 Protocols: We are prepar ed to enforce crowd control, so cial distancing a nd mask wearing etc., as well as remain compliant with any current re gulations that may be in effect for COVID-19. All locations will have hand wa shing stations with hand sa nitizer at the entrance of the lot. We understand that any permit to operate is also subject to any current city, county or state ordinances.
If you require further information please contact my pr oject manager, Holly Prinz, at 707-775-1520 or via email at [email protected].
Jerome R Klima JR
LLC Member
ABC Tree Farms, LLC
8 Method of Operations Proposed Christmas Tree Sales
ABC Tree Farms, LLC
Moonlite Center
2610 El Camino Real, Santa Clara, CA
APN 290-06-020
2022
Proposed days of operation are Nove mber 10, 2022 through December 31, 2022 for Christmas tree sales which includes several da ys before and after for lot set up and tear down. Lot will be open to the public from November 19 through December 24, 2022.
Hours of operation will be Seven days a week, Sunday through Thursday we will open at 10:00 AM and close at 9:00 PM. Friday and Saturday we will open at 9:00 AM and remain open until 9:30 PM.
The area will be as diagrammed in the attached Potential Christmas Tree Sales Plot Plan.
All necessary permits and a pprovals will be acquired fr om the City. Garbage and chemical toilets including (1) handicap accessible toilet wi ll be provided on the site (90”H x 67” W x 86.5D with seat height of 19”. We have no hazardous chemicals on our site. Handicap parking will be available at the entrance with a 36” wide clear path accessible by wheelchairs to the cashier booth/area. We are requesting the use of a 40’ x 100’ tent that will have a posted Maximum Occupancy signs of 180 and is made of flame retardant materials with pos ted label. This will be c leared through the appropriate Building and Fire Departments. Power will be supplied by Silicon Valley Power with (2) 200 amp temporary power poles with permits pulled through the Building Department.
Signage will be as diagrammed (exit, no sm oking). Parking is as diagrammed on the site plan and traffic flows will be as diagrammed.
Items that will be sold will be Christma s trees, wreaths and ga rlands and assorted Christmas Holiday Items. Antici pated attendance over the course of the 30 day period is approximately 1500 families. Our application is similar to th e operations we ran in the 2016-2021 seasons.
COVID-19 Protocols: We are prepared to en force crowd control, social distancing and mask wearing etc., as well as remain compliant with any curr ent regulations that may be in effect for COVID-19. All locations wi ll have hand washing stations with hand sanitizer at the entrance of the lot. We und erstand that any permit to operate is also subject to any current city, county or state ordinances.
If you require further informati on, please contact the project manager, Holly Prinz, at 707-775-1520 or via email at [email protected].
Jerome R Klima JR
LLC Member
ABC Tree Farms, LLC
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