HomeMy WebLinkAboutK. LEE GIFTS 2 -2008N-2008-078
INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
5-. ~ 1-0~_
CLERK OF COUNCIL
DATE: ~ _ I _p ~'
~t17~ l,or~e)i
SITE LICENSE AGREEMENT
BETWEEN
THE CITY OF SANTA .ANA
AND
K. LEE GIFTS
DO NOT AECORD
THIS LICENSE AGREEMENT ("Agreement") is made and entered into this ~~'day of
2008, by and between the City of Santa Ana, a charter city and municipal
co orati n, duly organized and exiting under the constitution and laws of the State of
California, herein referred to as "Licensor", and K Lee's Gifr Shop, a sole proprietorship,
herein referred to as "Licensee".
RECITALS:
A. The City of Santa Ana desires to provide travelers, visitors and tenants at the
Santa Ana Regional Transportation Center with a gifr shop featuring maps,
postcards, travel items and limited snacks, and desires to contract for such
services with Licensee.
B. Licensee represents that it is qualified to provide such services to City. In
undertaking the performance of this Agreement, Licensee represents that it is
knowledgeable in its field and that any service performed under this Agreement
will be performed in compliance with all required standards and comply with all
City, County, and State guidelines and regulations.
NO W THEREFORE, in consideration of the respective and mutual covenants and
promises hereinafter contained and made, and subject to all terms and conditions hereof,
the parties hereto agree as follows:
ARTICLE 1-TERM OF LICENSE
Section 1.01 License Area and Use
(a) Licensor owns the real property described in Exhibit "A" attached hereto
and made a part hereof (the "Property"), commonly know as the Santa
Ana Regional Transportation Center located at 1000 East Santa Ana
Boulevard, Santa Ana, California. Licensor grants to Licensee the
privilege of a personal, non-exclusive, revocable license ("License") to
encroach upon the "License Area", as herein described and shown in
general in Exhibit "B", attached hereto and incorporated herein by
reference, for the purpose of accommodating a gifr store and for no other
purpose.
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(b) The right and permission of Licensee is subordinate to the prior and
paramount right of Licensor to use the Property in its entirety for public
purposes to which it presently is and may, at the option of Licensor, be
devoted. Licensee undertakes and agrees to use the License Area and to
exercise this License at all times in such manner as will not unreasonably
interfere with the full use and enjoyment of the Property by Licensor.
(c) Licensee hereby acknowledges that title to the Property is vested in
Licensor and agrees never to assail or resist the same, and further agrees
that Licensee's use and occupancy of License Area shall be referable
solely to the permission herein given.
(d) As a covenant to this Agreement, Licensee shall adhere to and comply
with all responsibilities enumerated in Rider 1, attached hereto and
incorporated herein. Failure to comply with said responsibilities shall
constitute good reason for termination of this Agreement by Licensor.
Section 1.02 Term
(a) The term of the Agreement for the License Area ("Term") shall
commence on July 1, 2008 ("Commencement Date"). The term of this
Agreement shall terminate on June 30, 2009. At the Licensor's sole
discretion, Licensee may be granted extension of this Agreement. Earlier
termination of this License shall be in conformance with Section 1.01 (d)
and Section 5.02.
(b) Either party may terminate this Agreement with thirty (30) days prior
written notice for any reason.
Section 1.03 Compensation/Consideration
(a) Upon the Commencement Date, Licensee shall pay to Licensor monthly
compensation in the amount of $905.00 per month ("Compensation") for
use of the License Area. Compensation will be due upon execution of this
Agreement and thereafter on or before the 10`" of each month, payable to
"The City of Santa Ana'' and remitted to: The Santa Ana Regional
Transportation Center, 1000 East Santa Ana Blvd., Suite 108, Santa Ana,
CA 92701. A late charge of ten percent (10%) shall be applied after any
payment hereunder is due but unpaid. In addition, one and a half percent
(1 %:%) interest per month shall be added for each month that payment
hereunder is due but unpaid.
(b) Licensee's monthly compensation payments shall be subject to a CPI
adjustment for any extensions thereof.
Section 1.04 RESERVED
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Section 1.05 Non-Possessory Interest
Licensor retains full possession of the License Area and Licensee will not acquire any
interest temporary, permanent, irrevocable, possessory or otherwise by reason of this
Agreement, or by the exercise of the permission given herein. Licensee will make no
claim to any such interest. Any violation of this provision will immediately void and
terminate this Agreement.
Section 1.06 Non-Recording
Neither party shall record this Agreement.
ARTICLE 2 -TAXES AND UTILITIES
Section 2.01 Taxes
Licensee is responsible for all taxes on the Property, which includes the License Area.
Section 2.02 Utilities
Licensor shall pay for all electricity, gas, water sewer and janitorial services furnished to
the License Area for the use, operation and maintenance of the License Area during the
Term of this Agreement, or any extension thereof, and for the removal of garbage and
rubbish from the License Area during the Term of the Agreement, or any extension
thereof.
ARTICLE 3 -IMPROVEMENTS AND ACCESS
Section 3.01 Licensee's Equipment
(a) Licensee shall hold title only to any equipment placed on the License Area
by Licensee. All of Licensee's equipment shall remain the property of
Licensee and are not fixtures. Licensee has the right to remove all of its
equipment at its sole cost and expense on or before the expiration or
termination of this Agreement; provided that such removal shall be done
in a professional and careful manner, without interference or damage to
any other equipment, structures or operations on the License Area or the
Property, including the use of the License Area or Property by Licensor or
any of Licensoe's licensees, assignees or lessees. Licensee shall repair any
damage to the License Area caused by such removal and will leave the
License Area in satisfactory condition as approved in writing by Licensor.
Licensee shall be required to remove all its equipment upon
expiration/termination of the License, and if Licensee fails to do so within
thirty (30) days, Licensor may elect to do so at Licensee's sole cost and
expense, or elect to not remove such equipment, in which case, such
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equipment shall become the property of Licensor, at Licensor s option.
Any personal property, equipment or other improvements that are not
removed within said thirty-day period shall become the property of
Licensor, at Licensor's option. Licensee's obligation to pay compensation
to Licensor shall not cease, unless and until the equipment that Licensee
must remove, are removed to Licensor's approval.
(b) Each party shall provide access to the License Area to the other party, and
its employees, agents, contractors and subcontractors, twenty-four (24)
hours a day, seven (7) days a week. Except in the case of emergencies,
Licensor shall give Licensee twenty-four (24) hours notice prior to entry
into the License Area. Licensor represents and warrants that it has full
rights of ingress and egress to and from the License Area, and hereby
grants such rights to Licensee to the extent required to maintain, and
operate Licensee's equipment within the License Area. Licensee s
exercise of such rights shall not cause undue inconvenience to Licensor.
(c) Licensee shall, at its sole cost and expense, maintain and repair the
License Area and Licensee's equipment including, but not limited to, the
removal of all trash, debris, graffiti, as well as any special intensive
cleaning. If Licensee causes any damage to the Property, to the License
Area or to access roadways or other nearby facilities, it shall properly
repair same as specified by Licensor.
(d) Upon the expiration or termination of this Agreement, Licensor shall
approve in writing the surrender of the License Area by Licensee only
after being satisfied that License Area has been lefr in good and clean
condition, less ordinary wear and tear.
(e) Quiet Enjoyment. Upon Licensee paying the license fee reserved
hereunder, and observing and performing all of the covenants, conditions,
and provisions on Licensee's part to be observed and performed
hereunder, Licensee shall have quiet possession of its License Area for the
entire term hereof, subject to all the provisions of this License.
Section 3.02 Liens
Licensee will not permit any mechanics' or materialmens' or other liens to stand against
the License Area by reason of any use or occupancy by Licensee, or any person claiming
under Licensee.
ARTICLE 4 -INDEMNITY AND INSURANCE
Section 4.01 Indemnification, Defense, Hold Harmless
Licensee shall protect, defend, indemnify and save and hold harmless Licensor, its
officers, officials, employees, and agents from and against any and all liability, loss,
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damage, expenses, costs (including without limitation costs and fees of litigation of any
nature) arising out of or in connection with Licensee's performance of this Agreement or
Licensee's failure to comply with any of Licensee's obligations contained in the
Agreement by Licensee, its officers, agents or employees except such loss or damage
which was caused by the sole negligence or willful misconduct of Licensor. In the event
Licensor is named as codefendant, Licensee shall notify Licensor of such fact and shall
represent Licensor in such legal action unless Licensor undertakes to represent itself as
codefendant in such legal action, in which event Licensor shall bear its own litigation
costs, expenses and attorney's fees. Licensee further agrees to indemnify, hold harmless,
and pay all costs for the defense of the Licensor, including fees and costs for special
counsel to be selected by Licensor, regarding any action by a third party challenging the
validity of this Agreement, or asserting that personal injury, damages, just compensation,
restitution, judicial or equitable relief due to personal or property rights arises by reason
of the terms of, or effects arising from this Agreement. Licensor may make all
reasonable decisions with respect to its representation in any legal proceeding.
Section 4.02 Insurance
[n addition to the Licensee's covenant to indemnify and hold harmless Licensor, Licensee
shall obtain and furnish to Licensor, a policy of general public liability insurance,
commercial general liability insurance including motor vehicle coverage covering the
License Area and Licensee's equipment. The policy shall indemnify Licensee and
Licensor, their officers, agents and employees, while acting within the scope of their
duties, against any and all claims arising out of or in connection with the License Area
and Licensee's equipment, and shall provide coverage in not less than the following
amount: combined single limit bodily injury, personal injury and property damage,
liability, of $1,000,000 per occurrence. The City also requires an Additional Insured
Endorsement, as attached and incorporated herein as Exhibit C. The policy shall name
Licensor, its agents, officers, employees and volunteers as Additional Insureds, and shall
specifically provide that any insurance coverage which maybe applicable to the License
Area and Licensee's equipment shall be deemed excess coverage and that Licensee's
insurance shall be primary. Under no circumstances shall the above-mentioned insurance
contain a "deductible" or any other similar form of limitation on the required coverage.
Licensee is required to give the Licensor no less than forty five (45) days notice of
cancellation or reduction in coverage. No cancellation provision in any insurance policy
shall be construed in derogation of the continuous duty of Licensee to furnish insurance
during the term of this Agreement.
Section 4.03 Property Insurance
Licensee shall provide to Licensor, before entering the License Area, and shall maintain
in force during the entire term of this Agreement, property insurance with extended
coverage endorsements thereon, on the License Area in an amount equal to the full
replacement cost and/or value thereof; this policy shall contain a replacement cost
endorsement naming Licensee as the insured and shall not contain a co-insurance penalty
provision. The policy shall contain a special endorsement that such proceeds shall be
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used to repair or rebuild any such improvements so damaged or destroyed; and if not so
used, such proceeds shall be paid to Licensor. The proceeds of any such insurance
payable to Licensor shall be used for rebuilding or repair as necessary to restore the
License Area at the discretion of Licensor. The policy shall name Licensor as an
Additional Insured.
The policy or policies shall also contain the following endorsements:
The insurer will not cancel or reduce the insured's coverage without
thirty (30) days prior written notice to Licensor; and
2. Licensor will not be responsible for premiums or assessments on the
policy.
A complete and signed certificate of insurance with all endorsements required by this
Section shall be filed with Licensor prior to the execution of this Agreement. At least
thirty (30) days prior to the expiration of any such policy, a signed and complete
certification of insurance showing that coverage has been renewed, shall be filed with
Licensor.
Section 4.04 Certificates of Insurance; Additional Insured Endorsements
Prior to execution of this Agreement, Licensee shall famish to Licensor certificates of
insurance and additional insured endorsements to each of Licensee's insurance policies,
subject to approval of the City Attorney, evidencing the foregoing insurance coverages as
required by this Agreement; these certificates shall:
1. provide the name and policy number of each carver and policy;
2. shall state that the policy is currently in force; and
3. shall promise to provide that such policies will not be canceled, suspended,
voided, reduced in coverage or in limits, or modified without thirty (30) days
prior written notice of Licensor; and
4. If Licensee self insures, Licenssee shall provide proof of self insurance including
the following:
"Licensee represents to Licensor and Licensor acknowledges that
Licensee self-insures in the ordinary course of its business. Notwithstanding
any other provision contained herein to the contrary, the insurance obligations
of Licensee set forth in this License maybe satisfied by endorsements to
existing excess/umbrella policies written by companies of recognized standing
showing aself-insurance retention of not less than the public liability
requirement."
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Licensee shall maintain the foregoing insurance coverages in force throughout the term of
this Agreement. The requirement for carrying the foregoing insurance coverages shall
not derogate from the provisions for indemnification of Licensor by Licensee under the
Agreement. Licensor or its representatives shall at all times have the right to demand the
original or a copy of all these policies of insurance, which Licensee shall provide within
fifteen (l5) days of Licensor's request.
ARTICLE 5 -TERMINATION AND DEFAULT
Section 5.01 Termination in the Event of Casualty or Condemnation
(a) In the event of any damage, destruction or condemnation of the License
Area, which renders the License Area unusable or inoperable in Licensors
judgment, Licensee shall have the right, but not the obligation, to terminate
the Agreement with respect to the subject License Area by giving written
notice to Licensor within thirty (30) days after such damage, destruction or
condemnation. If by virtue of such casualty or condemnation, Licensor
determines that the License Area is no longer adequate for Licensee to
continue its operations, or any repairs to the License Area have not been
completed or cannot reasonably be completed within sixty (60) days from the
date of the damage, destruction or condemnation. This License Agreement
will become null and void.
(b) In the event of condemnation, unless Licensee is allowed by the condemning
authority to continue its operations in the License Area, this Agreement shall
terminate as of the date title to the Property vests in the condemning
authority or Licensee is required to cease its operations, whichever is earlier.
If any property described herein or hereinafter added hereto is taken in
eminent domain, the entire award shall be paid to Licensor.
Section 5.02 Termination
(a) This Agreement maybe terminated on fifteen (15) days prior written
notice as follows: (1) by either party upon a default of any covenant or
term hereof by the other party, which default has been noticed and is not
cured within thirty (30) days of receipt of written notice of default,
provided that the grace period for any monetary default is only ten (10)
days from receipt of notice; or (2) by Licensee if Licensee is unable to
occupy and utilize the License Area due to any action of any licensing
party.
(b) Either party may terminate the Agreement with thirty days written notice
without cause; or
(c) Upon expiration of the term hereof.
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ARTICLE 6-ASSIGNMENT, ABANDONMENT, DEFAULT, INSOLVENCY
Section 6.01 Assignment
Licensee may not assign this Agreement. This Agreement is personal to Licensee, and
Licensee will not assign, transfer or sell this Agreement or any privilege hereunder in
whole or in part, and any attempt to do so will be void and confer no right upon any third
party. Licensee shall have the right to enter into contractual agreements with independent
contractor acting as agent, package deliverers, monetary or other transmittal operators.
Section 6.02 Abandonment by Licensee
Should Licensee breach this Agreement and abandon the License Area prior to the
expiration of the Term, Licensor may:
(a) Continue this License in effect by not terminating Licensee's right to the
License Area, in which event Licensor shall be entitled to enforce all of its
rights and remedies under this Agreement, including the right to recover
the compensation consideration specified in this Agreement as it becomes
due under this Agreement; or
(b) Terminate this Agreement and recover from Licensee:
1. The worth at the time of award of the unpaid compensation which has
been earned or the sum of one (1) year's compensation, whichever is
greater, at the time of termination of the Agreement; or
2. The worth at the time of award of the amount by which the unpaid
compensation which would have been eamed after termination of the
Agreement until the time of award exceeds the amount of
compensation loss that Licensee proves could have been reasonably
avoided; or
3. The worth at the time of award of the amount by which the unpaid
compensation for the balance of the term of this Agreement after the
time of award; and,
4. Any other amount necessary to compensate Licensor for all detriment
proximately caused by Licensee's failure to perform its obligations
under this Agreement.
Section 6.03 Default by Licensee
Should Licensee default in the performance of any of the terms, conditions, or obligations
contained in this Agreement, Licensor may, in addition to the remedies specified in
Section 6.02 of this License, re-enter and regain possession of the License Area in the
manner provided by the laws of unlawful detainer of the State of California then in effect.
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Section 6.04 Insolvency of Licensee
The insolvency of Licensee as evidenced by a receiver being appointed to take possession
of all or substantially all of the property of Licensee, or the making of a general
assignment for the benefit of creditors by Licensee, or the filing of a petition in
bankruptcy shall terminate this Agreement and entitle Licensor to re-enter and regain
possession of the License Area.
Section 6.05 Cumulative Remedies
The remedies given to Licensor in this Agreement shall not be exclusive, but shall be
cumulative and in addition to all remedies now and hereafrer allowed by law or elsewhere
provided in this Agreement.
Section 6.06 Waiver of Breach
The waiver by Licensor of any breach by Licensee of any of the provisions of this
Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach
by Licensee either of the same or another provision of this Agreement.
ARTICLE 7 -HAZARDOUS MATERIALS
Section 7.01
At the time of execution of this License, Licensor warrants that the License Area is clean
and contains no known hazazdous materials. Licensee represents and warrants that it will
comply with all environmental laws during the term of this License; its use of the License
Area herein will not generate any hazardous substance, and it will not store or dispose on
the License Area nor transport to or over the License Area any hazardous substance.
Licensee further agrees to clean-up and remediate any hazardous substance on the
License Area and Property, and hold Licensor harmless from and indemnify Licensor
against any release of any such hazardous substance and any damage, loss, or expense or
liability resulting from such release including all attorneys' fees, costs and penalties
incurred as a result thereof. "Hazardous substance" shall be interpreted broadly to mean
any substance or material defined or designated as hazardous or toxic waste, hazardous or
toxic material, hazardous or toxic or radioactive substance, or other similar term by any
federal, state or local environmental law, regulation or rule presently in effect or
promulgated in the future, as such laws, regulations or rules maybe amended from time
to time; and it shall be interpreted to include, but not be limited to, any substance which
after release into the environment will or may reasonably be anticipated to cause
sickness, death or disease.
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ARTICLE S -MISCELLANEOUS
Section 8.01 Force Majeure -Unavoidable Delays
Should the performance of any act required by this Agreement to be performed by either
Licensor or Licensee be prevented or delayed by reason of an act of God, strike, lockout,
labor troubles, inability to secure materials, restrictive governmental laws or regulations,
or any other cause except financial inability not the fault of the party required to perform
the act, the time for performance of the act will be extended for a period equivalent to the
period of delay, and performance of the act during the period of delay will be excused,
provided, however, that nothing contained in this section shall excuse the prompt
payment of compensation by Licensee as required by this Agreement or the performance
of any act rendered difficult solely because of the financial condition of the party,
Licensor or Licensee, required to perform the act.
Section 8.02 Notice
Any written notice or required submittals, given under the terms of this Agreement, shall
be delivered personally, or mailed, certified mail, postage prepaid, addressed to the party
concerned as follows:
To Licensor:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Telefacsimile (714) 647-6956
With courtesy copies to:
and,
Executive Director of the Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, CA 92702
Telefacsimile (714) 647-6549
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, CA 92702
Telefacsimile (714) 647-6515
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To Licensee:
Kwang Lee
P.O. Box 4384
Santa Ana, CA 92702
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and
transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or
other communication shall be effective or deemed to have been given three (3) days after
it has been deposited in the United States mail, duly registered or certified, with postage
prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender,
demand, delivery, or other communication shall be effective or deemed to have been
given twenty-four (24) hours after the time set forth on the transmission report issued by
the transmitting facsimile machine, addressed as set forth above. For purposes of
calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
Section 8.03 Contract Administrator
The Executive Director of the Community Development Agency, or his/her designee,
shall be City's License Administrator for this Agreement and all approval and notices
required to be given herein shall be so directed and addressed.
Section 8.04 Compliance with Laws
Licensee shall at Licensee's own cost and expense comply with all statutes, ordinances,
regulations, and requirements of all governmental entities, including federal and state,
county and municipal, relating to Licensee's use and occupancy of the License Area and
Licensee's equipment whether such statute, ordinances, regulations, and requirements be
now in force or hereinafter enacted. The judgment of any court of competent jurisdiction,
or the admission by Licensee in a proceeding brought against Licensee by any
government entity, that Licensee has violated any such statute, ordinance, regulation, or
requirement shall be conclusive as between Licensor and Licensee and shall be
considered grounds for termination of this Agreement by Licensor. Licensee will obtain
all permits and other governmental approvals, required in connection with Licensee's
activities hereunder, and update such permits/approvals as necessary.
Section 8.05 Binding on Heirs and Successors
This Agreement shall be binding on and shall inure to the benefit of the heirs, executors,
administrators, successors, and assigns of the parties hereto. The provisions of this
Section shall not be deemed to be a waiver of any of the conditions against assignment
set forth herein.
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Section 8.06 Partial Invalidity
Should any provision of this Agreement be held by a court of competent jurisdiction to be
either invalid, void, or unenforceable, the remaining provisions of this Agreement shall
remain in full force and effect unimpaired by the holding, so long as the reasonable
expectations of the parties hereto are not materially impaired.
Section 8.07 Waste or Nuisance
Licensee shall not commit or permit the commission by others of any waste on the
License Area. Licensee shall not maintain, commit, or permit the maintenance or
commission of any nuisance as defined in Section 3479 and/or Section 3480 of the
California Civil Code on the Premises or License Area; and Licensee shall not use or
permit the use of the License Area for any unlawful purpose.
Section 8.08 Repairs
Licensee shall be required to make any repairs to the License Area occurring from
damages caused by Licensee, its employees, agents, contractors, and subcontractors.
Section 8.09 Time of Essence
Time is expressly declared to be of the essence in this Agreement.
Section 8.10 Governing Law
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this
Agreement shall be determined and governed by the laws of the State of California. Both
parties further agree that Orange County, California, shall be the venue for any action or
proceeding that may be brought or arise out of, in connection with or by reason of this
Agreement.
Section 8.11 Survival
Terms and conditions of this Agreement which by their sense and context survive the
termination or expiration of this Agreement, shall so survive.
Section 8.12 State of Emergency/Public Necessity
Due to the fact that the Santa Ana Regional Transportation Center has been designated a
Homeland Security Evacuation Center, upon the declaration of a state of
emergency/public necessity, Licensor may, give immediate notice in writing to Licensee
to suspend or revoke normal operation under this Agreement without liability to Licensee
when the emergency/public necessity so requires, or to suspend operation immediately
hereunder temporarily in the event of such public emergency, as maybe determined by
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the City Manager. Such suspension will terminate as soon as the public necessity or
emergency no longer exists. Licensee shall be compensated for any time of suspended
use or operation by Licensor in the form of an equal amount of time added onto the term
of the License by Licensor (i.e. Licensee suspends operation for 2 months due to state of
emergency, License is extended an additional 2 months).
Section 8.13 Conflict of Interest
Licensee covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any manner with performance of this License
Agreement specified herein.
Section 8.14 Attorney's Fees
In the event suit is brought by either party to enforce the terms and provisions of this
Agreement or to secure the performance hereof, each party shall bear its own attorney s
fees.
Section 8.15 Exclusivity and Amendment
This Agreement constitutes the entire agreement and understanding between Licensor
and Licensee respecting the License Area, the licensing of the License Area to Licensee,
or the License Term herein specified, and correctly sets forth the obligations of Licensor
and Licensee to each other as of its date. Any agreements or representations respecting
the License Area or their licensing between the parties not expressly set forth in this
instrument are null and void. This Agreement or any part of it may not be changed,
altered, modified, limited or extended orally or by any Agreement between the parties,
unless such Agreement is expressed in writing, signed and acknowledged by Licensor
and Licensee, or their successors in interest.
Section 8.16 Captions
Captions used in this Agreement are for ease of reference only and shall not affect the
construction or interpretation of this Agreement.
Section 8.17 Non-Discrimination
Licensee shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or mental or physical disability, as
defined and prohibited by applicable law, in the recruitment, selection, training,
utilization, promotion, termination or other employment related activities. Licensee
affirms that it is an equal opportunity employer and shall comply with all applicable
federal, state and local laws and regulations.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers the day, month and year first written above.
ATTEST:
PATRICIA'r. HEA Y
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
~_ ~ ~
BY: Lisa E. Storck
Assistant City Attomey
CITY OF SANTA ANA
DAVID N. REA
City Manager
RECOMMENDED FOR APPROVAL:
Nancy T. E ands
Acting Executive Director
Community Development Agency
LICENSEE:
Kwang ee
K. Lee's Gift Shop
Tax ID #
14
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RIDER
This Rider delineates a basis of communication between the City and K. Lee
Gifts to facilitate a positive business climate while maintaining an aesthetic
presentation in keeping with the Santa Ana Regional Transportation Center's
distinctive atmosphere. Failure to comply with the terms of this Rider may
result in suspension and/or termination of the License privileges.
(A) LICENSE AREA
License Area is located at the west entrance to the Santa Ana Regional
Transportation Center, and shall be defined as the Area, diagrammed
herein below, contained within the west lobby entrance. The square
footage is 216.
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(B) FIXTURES
The fixtures specified herein below are permitted within the
Licensee's area to serve as all product display and dispensing
vehicles:
1 cold case (48"x 38"x36")
1 safe (24'x24'x30')
/ ~ ~~
1 storage cupboard (38"x26"x24")
3 display cases (3 open shelves - 36"x54"x24")
1 glass display case (15"x54"x20")
3 revolving, freestanding displays
1 three shelf display
Hanging display shelves and hook system to cover 12 '/4' x 8' (north
side)
Hanging display shelves and hook system to cover 16'x8' (south side)
2s
_
Storage .....
To Lobby
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• Standing •
~ Display Cash ~
~ Racks Register ~
18' • Common Area 3 Shelf •
~ Displa~~ ~
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• •
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Closet • • • • •
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16
DO NOT RECORD
SOUTH SIDE
DESIGNATED FOOD AREA
~/
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DO NOT RECORD
(C) MERCHANDISE
1. Merchandise Requirements:
• Lessee's product mix is a direct reflection of the Santa Ana Regional
Transportation Center and its customer service standards.
• All product inventories shall be housed off site.
• All items in general will be geared to the traveling public in the
appropriate sizes.
Displays shall be managed not to appear over-filled or crowded.
• No products shall extend beyond or out of Lessee's fixtures at any
time.
• Products, in any form, shall not be permitted to be stacked or
displayed on the floor or behind the desk/cashier area.
• Any new product not on permitted merchandise list requires City staff
pre-approval.
• Tobacco retail license required for sale of tobacco.
Monthly audit will be conducted by City staff to ensure merchandise
requirements are being met.
2. Permitted Merchandise:
Newspapers Magazines Paperback Books Maps
Crossword Books Sudoku Books Cigarettes Lighters
Cigars Playing Cards Back Packs Film
Computer Cases Duffle Bags Ear Phones Cameras
Batteries Nail Clippers Lip Balm Umbrellas
Post Cards Stamps
Travel Size:
Hair Brush Combs Hair Spray Hair Clips
Hand Cream Tissue Toothpaste
Mouth Wash Travel Sewing Kit
3. Consumable/Snack Products: (All items must be prepackaged)
Gum Breath Mints Candy Bars Drinks
Chips Cookies Nuts Trail Mix
All consumable items limited to designated space. Any consumable
items found outside designated area will need to be removed
immediately.
is
DO NOT RECORD
4. Plain items and/or items that advertise California, Orange County &
Santa Ana
Caps Visors Sun Glasses Scarves
T-Shirts Sweatshirts Beach Towels Mugs Postcards
Greeting Cards Magnets Pencils/Pens Key Chains
Change Purses Wallets Stationery Souvenir Pins
Train and/or Bus Memorabilia
5. Suggested Additional Services:
Telephone Cards
Copy and/or Fax machine
6. Non-Authorized Items:
Alcohol and alcohol replacement beverages
Regular size items of any kind (all toiletries must be travel size)
Adult only materials (nudity and pornography prohibited)
7. Storage
Immediate replacement inventory shall be housed in the storage cabinets
within the License Area or off-site. For this purpose, the City of Santa Ana
has offered and Mrs. Lee has accepted 2 bike boxes, located in the Parking
Structure at the Santa Ana Regional Transportation Center.
I agree to comply with the stipulations enumerated above:
Kwang Lee, K. Lee Gifts
...~a -od8
Date
19
gs_ORD,x CERTIptCATE OF LIABILITY INSURANCE
'. THIS CERTIFICATE t91SSl
AAODUC+x ONLY AND CONFERS NO'
rB04iER~4A.iTEIi & AaSC. IN8 AGNCY/PHS HOLDER.THt9CERTIFICA
118191R P: (806146'/-8730 F: (8771905°0457 ALTER 7Hf COVERAGE AI
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PO BOX 33 0'_5 - INSOREiiS AFFOROING COVERAGE
SAN ANTONIO_^X 78265 __ __ ._.
Rio ~ IysuP~n~liartford Casualty Ins Co .____
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I KWANG LbE DBA K LEE GIFTS INSUPtb P. J- ---" ------
~PD BOX 4384 ,„-_•„ _~
COVcRAGES
7HE~OLICiE$ OF IN~CE
ANY REONNEMEN7, TERM 011
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE REEK AEJUI:eo e
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Chose usual to the Insured's Operations. sae cover page for additional wording
CERT(FICAT----E'HbLDER AomwmAt w~wRFa; awtwDlLFrrr>._ AIdC ATtON ~ - ___`
~- -- SROULD ANY OF THE A$OVE DF$CRIl1E0 POLICIES bE CANCELLED BEFGRE THE
ETFPNTAT'.Px DATE THEREOF, THE IFIbJMO IN94AEN WILLlNOlANb11•TO MAIL
Thf. DP.pOt at sa~ta AT1.a bAY$WRI7TEN NOTICE(iD DAYS FO)i NON"oAYMEN7I TO THE CFATIFICATEI
IA*_tn: Carolyn Fullarton HOLDER NAMED TOTMFLlFT
11000 E. Santa Ana Blvd. Ste 108 ...
jSanta Ara, CA 92'01 ADTNDRIlFa AfPAEIINEANYf
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ACORD 25-5 (7(971 ° ACORb CORPOflA710N 1988
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