HomeMy WebLinkAboutCD Outdoor Dining License AgreementADDRESS: 1848 4th St, San Rafael, CA 94901
ASSESSOR'S PARCEL NUMBER (APN): 010-291-35
BUSINESS NAME: Pond Farm Brewing Company
OUTDOOR DINING LICENSE AGREEMENT
This Agreement is made and entered into as of the./.'//id-ay of 20-el—by and
between the City of San Rafael, a Charter City ("City") and Martens Br6vinq LLC,
dba Pond Farm Brewing Company
("Licensee").
RECITALS
A. Licensee owns or leases real property in the City of San Rafael, County of Marin, State of
California, located at 1848 4th St, San Rafael, CA 94901 ,
in which Licensee operates a food services establishment, adjacent to which on the City
public sidewalk or within the parking space area immediately adjacent to the food
services establishment, Licensee wishes to operate an outdoor dining area.
B. City is willing to grant a license to Licensee for use of the City sidewalk or parking space
area immediately adjacent to the City sidewalk and Licensee's food services
establishment, on the terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree
as follows:
1. License. The City grants Licensee permission to occupy and use that portion of the
City's public sidewalk or parking space area immediately adjacent to the City sidewalk
and Licensee's food services establishment for outdoor dining purposes (the "premises"),
and to place certain approved personal property and removable improvements thereon, in
accordance with the Plan attached hereto as Exhibit A. This License is granted subject to
Licensee's compliance with the standards set forth in San Rafael Municipal Code
§14.17.110(C), including but not limited to subdivisions 5 ("Barriers"), 6 ("Sunshades"),
7 ("Fixtures"), 8 ("Refuse Storage Area"), and 9 ("Maintenance") thereto, and
compliance with such regulations heretofore or hereafter deemed necessary by the
Community Development Director to protect the public health, safety and welfare, and
approved by the City Council by Resolution. In the case of the use of parking spaces
immediately adjacent to Licensee's food services establishment, this License is also
granted subject to Licensee's compliance with the City's On Street Dining Program, any
City rules or regulation adopted pursuant to that Program, and conditioned on the
continued existence of that program.
2. Term. The term of this Agreement shall commence on the date hereinabove written and
shall continue until it is terminated as set forth herein:
0112019
(a) The City Council may terminate this License Agreement at any time with or
without cause, and such termination shall become effective upon City giving
notice to Licensee.
(b) If Licensee defaults with respect to any obligation, covenant or condition of this
Agreement, and fails to correct the default within ten (10) days after receipt of
notice from City to do so, City may immediately terminate this Agreement by
giving notice to Licensee.
(c) If Licensee files a petition for bankruptcy, City may immediately terminate this
Agreement by giving notice to Licensee.
(d) The City may terminate this Agreement with reasonable notice to Licensee if City
determines that Licensee's use of the public sidewalk or parking space area
immediately adjacent to the City sidewalk and food services establishment
constitutes a public nuisance, unduly impedes or restricts the movement of
pedestrians along the public sidewalk, or unduly impedes or restricts the
movement of vehicles in the City street or adjacent parking spaces. In the case
where City determines that Licensee's use of public space pursuant to this
Agreement creates an undue risk to public health or safety, the City may terminate
this License Agreement at any time and such termination shall become effective
upon City giving notice to Licensee.
(e) In no event shall City be liable to Licensee for any costs, liabilities, or loss of
revenues related to or arising from City's termination of this License hereunder.
3. License Personal. The license herein granted is person to Licensee and no right
hereunder may be assigned, sublet or otherwise transferred in whole or in part.
4. Surrender and Restoration. Upon termination of this Agreement, Licensee, at its sole cost
and expense, shall remove any improvements placed on the premises, remove any
personal property there from, restore the premises to its original condition, and cease any
further use of the premises as provided herein. Should Licensee neglect to restore the
premises to a condition satisfactory to City, City may perform such work or have such
work performed, and Licensee shall immediately reimburse City for all direct and
indirect costs associated with such work upon receipt of a statement therefore.
Indemnification. Licensee shall indemnify, release, defend and hold harmless the City,
its officers, agents, employees and volunteers, against any claim, demand, suit, judgment,
loss, liability or expense of any kind, including attorney's fees and administrative costs,
arising out of or resulting in any way, in whole or in part, from any acts or omissions,
intentional or negligent, of the Licensee's owners officers, agents and employees or from
any claim, demand, suit, judgment, loss, liability or expense of any kind, including
attorneys fees and administrative costs arising out of, resulting in any way, or connected
with, in whole or in part, this Agreement or Licensee's occupancy, use or misuse of the
premises, including any improvements or personal property located thereon.
6. Insurance. Licensee shall maintain in effect during the term of this Agreement, at
no expense to City, insurance in a form approved by the City Attorney, as follows:
(a) Worker's Compensation insurance with statutory limits as required by the
Labor Code of the State of California. Licensee shall give the City written
01/2019
notice of any cancellation of said insurance immediately after receiving
notification of such cancellation by Licensee's insurance company.
(b) Comprehensive General Liability Insurance, in the minimum amount of one
million dollars ($1,000,000) per occurrence, three million dollars ($3,000,000)
aggregate, for death, bodily injury, personal injury, and property damage.
(c) Said policy shall include a separate endorsement for use of the sidewalk and
parking space area immediately adjacent to the City sidewalk and food
services establishment, where applicable, with no exclusions to the coverage
containing the following specific language or substantially similar language:
(1) "The City of San Rafael, its officers, employees and volunteers, are
named as additional insured's under this policy."
(2) "The insurance provided herein is primary coverage to the City of
San Rafael with respect to any insurance or self-insurance maintained
by the City, and shall not call upon City's insurance or coverage for
any contribution."
(3) "This policy shall not be canceled or materially changed without first
giving ten (10) days prior written notice to the City of San Rafael,
Community Development Director."
(d) Licensee shall submit to the City properly executed Certificates of Insurance
evidencing all coverage, limits and endorsements as required above, and renewal
certificates during the term of this Agreement. Within thirty (30) days of City's
request, Licensee shall submit to City certified copies of the insurance policies
and endorsements.
Compliance with Laws. Licensee shall observe and comply with all applicable federal,
state, City, or other governmental statutes, ordinances, and regulations now in force or
which hereafter may be in force, including the regulations of the State Alcoholic
Beverage Control and the County of Marin County Department of Health and Human
Services.
Suspension of License. City may temporarily suspend this license, from time to time,
upon reasonable advance notice to Licensee in the event that License's use of the public
sidewalk or parking space area immediately adjacent to the City sidewalk and Licensee's
food services establishment will interfere with any special public event, or if City, any
utility or any other easement holder requires access to the public sidewalk area or
adjacent parking space area covered by the License for construction or maintenance
work.
9. Notices. Any notice required or permitted to be given under this Agreement shall be in
writing. Delivery of such written notice shall be deemed sufficiently given forty-eight
(48) hours after deposit in the United States mail, registered or certified, return receipt
requested, with postage thereon fully prepaid, or upon personal delivery, addressed as
follows:
If to City: Community Development Director
Community Development Department
0112019
City of San Rafael
R0ySwx)1)5A96@
1400 Fifth Avenue, Third Floor
San Rafael, CA 945ti iA)5*0 94901
If to Licensee: Pond Farm Brewing Company
1848 4th St
San Rafael, CA 94901
Either party may at any time change its address for notices by giving written notice of
such change in the manner provided above.
10. Possessory Interest• Taxes. Licensee expressly recognizes and understands that this
Agreement may create a possessory interest subject to property taxes, and that Licensee
may be subject to the payment of property taxes levied upon such interest.
11. Risk of Loss. Licensee shall assume all risk of loss, damage, or injury to Licensee, or its
property, arising out of or connected to its use or occupation of the premises pursuant to
this Agreement.
12. Attorney's Fees If either party should commence a legal action or proceeding to enforce
the terms of this Agreement, the prevailing party in the proceeding shall receive, in
addition to court costs, reasonable attorneys' fees, including the reasonable value of
services rendered by the City Attorneys' Office.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first written above.
CITY OF SAN RAFAEL
�a • 14,E
PAUL JENSE
Community Development Director
Approved as to form:
�r61ROBERT F. EPSTEIN
City Attorney
LICENSEE
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Signature
Trevor Martens, Co -Owner
Type or print name and title
0112019
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CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Community Development
Project Manager: Ali Giudice Extension: 3095
Contractor Name: Martens Brewing LLC dba Pond Farm Brewing Company — Outdoor Dining License Agreement
Contractor's Contact: Trevor Martens Contact's Email: Trevor@pondfarmbrewing.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
T DESCRIPTION T COMPLETED
REVIEWER
DEPARTMENT
DATE
a. Email PINS Introductory Notice to Contractor
Check/Initial
1
Project Manager
b. Email contract (in Word) and attachments to City 12/4/20
Attorney c/o Laraine.Gittens@cityofsanrafael.org
2
City Attorney
a. Review, revise, and comment on draft agreement
12/4/2019
and return to Project Manager
❑x
b. Confirm insurance requirements, create Job on
Department Director
PINS, send PINS insurance notice to contractor
❑x
❑
3
Approval of final agreement form to send to
Project Manager
contractor _
Forward three (3) originals of final agreement to
4
❑
contractor for their signature
5
Project Manager
When necessary, contractor -signed agreement
❑x N/A
agendized for City Council approval *
*City Council approval required for Professional Services
❑
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
Click here to
Date of City Council approval
enter a date
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6
+ Project Manager
Forward signed original agreements to City
Attorney with printed copy of this routing form
7
City Attorney
Review and approve hard copy of signed
IA—
City Attorney
agreement
Review and approve insurance in PINS, and bonds
/
8
u
(for Public Works Contracts)
OIL/ Z,pv
9
City M yor
Agreement executed by City Council authorized
official
10
City Clerk
Attest signatures, retains original agreement and
_I
forwards copies to Project Manager