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HomeMy WebLinkAboutLease LAG-18-001 LEASE AND CONCESSION AGREEMENT THIS LEASE AGREEMENT ("Agreement") is entered into this () day of j , 2018 (the "Effective Date") by and between the City of Renton ("City"), a Wash'ngton municipal corporation, and Chill 425 Inc. (doing business as "City Scene Café & Cedar River Espresso Stand"), hereinafter referred to as the "Concessionaire/Lessee". The City and the Concessionaire are collectively referred to as the "Parties". In consideration of the covenants and agreements set forth in this Lease, the Parties agree as follows: 1. LEASE PREMISES AND GRANT OF CONCESSION The City hereby grants to the Concessionaire/Lessee for and upon the conditions and provisions herein,the concession right and privilege to manage and operate the food and beverage concession at two facilities: A. The City Scene Café (Deli) Renton City Hall 1055 South Grady Way Renton, Washington, B The Espresso Stand (Espresso Stand) at the PSC Building at the Renton Transit Center 219 Burnett Avenue South, Renton, Washington. 2. TERM/TERMINATION/RELOCATION/NOTICE A. This Agreement shall be in effect for a period of 5 years, commencing on January 1, 2018 and ending at midnight on December 31, 2022. The City may extend this Lease and Concession Agreement up to an additional five (5) years by written addendum consented to by parties hereto. B. Either party may terminate this lease with 180 days' written notice to the other party. This Lease may be terminated for convenience if agreed to by both parties. C. The City may relocate either the Deli or Espresso Stand either temporarily or permanently with 90 days' notice to Concessionaire. D. As a result of a default and/ or material breach of the this Lease, the City may terminate Lessee's right to possess the Deli and Espresso Stand by any lawful means, in which case this Lease shall terminate and Lessee shall immediately surrender possession Agreement City Cafe draft 3-29-18 Page 1 of 19 to the City . If this circumstance arises, the City shall be entitled to recover all damages, fees, costs, and expenses incurred by the City by reason of Lessee's default, and forfeit monies held or owed to Lessee by the City. E. Notices All notices required or permitted under this lease shall be in writing and shall be personally delivered, or sent by certified, return-receipt requested postage paid, or by regular mail. Time period for notices shall be deemed to have commenced upon the date of receipt or if provided by regular mail —receipt is deemed effective three (3) days after deposit of written notice in the U.S. mail with proper postage and address. * Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. (City/Lessor) City of Renton Attention: Kyle Kauzlarich 1055 South Grady Way Renton, WA 98057 425-475-0662 Email: kkauzlarich@rentonwa.gov Fax: (Concessionaire/Lessee) 7� Business Name: CV\ L i t "J Attention: CtAv Address: 3E6f4 (O5 Phone number: 2U (c, b 2-116r1 - Email: octi► E .��v✓� 0 , h ( • Fax: 3. CONSIDERATION/RENT AND TAXES/PAYMENT The Concession rights and privileges for the term specified in Section 2 of this Agreement are given in exchange for the Concessionaire: A. Providing concession services to the public under terms of this Agreement; B. Assuming financial responsibility for existing furniture, fixtures and equipment in the Deli at City Hall and Transit Center Espresso Stand. C. Provide janitorial services for the public restroom in the PSC building in the Renton Transit Center per the standards described in Attachment A, "Maintenance Standards". Agreement City Café draft 3-29-18 Page 2 of 19 D. RENT 1. Paying the City TWO HUNDRED ($200) DOLLARS Rent per month, plus the State Leasehold Excise Tax of 12.84%($25.68)for a monthly rent total of$225.68, which is collected by the City and sent to the State and referred to in Paragraph 3 E TAXES— FEES below. 2. Concessionaire shall make payment to the City each calendar month of operation, said payment due and payable no later than the tenth (10th) of the following month, all payments or reports to the City shall be paid or delivered to: Finance Department, 1055 South Grady Way, Renton, Washington 98057. 3. If any payment specified herein is not paid to the City within ten (10) days after the date specified, a late charge of one (1%) percent of the payment due and unpaid shall be added to the payment and the total sum shall become immediately due and payable. A failure to make full payment within 45 calendar days of the due date shall constitute a material breach of this Lease. Three (3) consecutive late payments of monies due or six (6) late payments of monies due during any twelve (12) month period shall be material breach of the Lease. 4. Back Rent Back Rent the parties agree that TWO HUNDRED DOLLARS ($200) per month back rent is due and owing for the period of January 1, 2018 through March 31, 2018 in the amount of $600 plus Leasehold tax of 12.84% for a total back payment of $677.04. Said back rent shall be paid in monthly installments of$56.42 per month for 12 months in addition to the $225.68 current monthly rent due in D. E. TAXES— FEES 1. Lessee shall be solely responsible for the payment of the Leasehold Excise Tax described below), Business & Occupation Tax and Sales Tax, as applicable. 2. So long as the Deli and Espresso Stand are owned by the City and is exempt from general real estate taxes as a municipal corporation in accordance with RCW 84.36.010, Lessee shall be solely obligated to pay the applicable Leasehold Excise Tax on the Base Rent payment per RCW 82.29A. 3. Lessee shall calculate and pay the applicable Leasehold Excise Tax Leasehold Monthly to the City during the Lease Term. The Leasehold Excise Tax is 12. 84% applied to the monthly rent. The leasehold Excise Tax is due at the same time as the rent each month. Agreement City Cafe draft 3-29-18 Page 3 of 19 5. PERMITTED USES -SERVICES TO BE PROVIDED BY THE CONCESSIONAIRE A. The Concessionaire agrees to furnish hot and cold food and beverage services at the Deli at City Hall and at the Espresso Stand in the Renton Transit Center. B. The services shall be rendered at: the room (hereinafter called the "Deli Premises") located on the third floor of the Renton City Hall, 1055 South Grady Way, Renton, Washington, and at the Espresso Stand at PSC Building in the Renton Transit Center located at 219 Burnett Avenue South, Renton, Washington. C. The services shall be rendered on regular City working days. City Scene Cafe shall operate from 7:30 AM to 3:30 PM, Monday through Friday. Cedar River Espresso Stand shall operate from 6:30 AM to 6:30 PM, Monday through Saturday, or times mutually agreed upon by both Parties. D. No portion of the Deli and Espresso Stand or of Lessee's interest in this Lease may be acquired by any other person or entity,whether by sale, assignment, mortgage, sublease, transfer, operation of law, or act of Lessee without the City's prior written consent. The City has the right to grant or withhold its consent. 6. SERVICES TO BE PROVIDED BY THE CITY The City agrees to provide the following property and services: A. Electricity, power, light, heating, cooling, garbage disposal and hot and cold running water. All utilities including electrical power, water, sewer and garbage collection shall be paid by the City at both the City Hall site and at the Transit Center site. B. Use of the Deli at City Hall and the PSC Building at the Renton Transit Center. C. Supplies and training on the City's standards for the cleaning of the public restroom at the Renton Transit Center 7. CAPITAL IMPROVEMENTS All existing permanent improvements in the Deli at City Hall and in the PSC Building at the Renton Transit Center shall become the property of the City of Renton upon termination or expiration of this Agreement. No future capital improvements will be made without the prior written consent of the City of Renton. 8. FURNITURE, FIXTURES AND EQUIPMENT Agreement City Cafe draft 3-29-18 Page 4 of 19 The Concessionaire shall assume financial responsibility for the existing furniture, fixtures and equipment in the Deli at City Hall and the Transit Center Espresso Stand. All such equipment shall remain the property of the Concessionaire under the conditions and provisions of this Agreement. 9. CONCESSION MENUS AND PRICE POLICY Final menus and pricing at current market prices will be established with the City's approval after this concession has been awarded and prior to opening the facilities. Once established, the Concessionaire may not change the items on the menu more than twenty-five percent (25%) or the prices more than an average of ten percent (10%) without the City's written approval. The menu shall be subject to the City's approval with respect to design, art work, graphic displays and wording, items offered for sale thereon, portions, sizes and prices. 10. FOOD QUALITY/ PERMITS/REGULATIONS The Deli shall be operated at all times in accordance with the Seattle/King County Food Code, Ordinance#117001. All foods shall be kept at proper temperature according to the Food Code. Lessee shall obtain and pay for all permits, other than a Certificate of Occupancy, required for Lessee's occupancy of the Deli and Espresso Stand and shall promptly take all actions necessary to comply with all applicable statutes, ordinances, rules, regulations, orders and requirements regulating the use by Lessee of the Concession Premises, including Occupational Safety and Health Administration requirements. 11. CONCESSIONAIRE'S STAFF An experienced manager shall be selected and designated as the Concessionaire's authorized representative who shall oversee all concession operations on or in the Concession Premises and transmit and receive communications to and from the City. The Food Manager shall meet monthly with a representative of the City to discuss operational concerns. The Concessionaire shall employ competent, courteous and efficient staff in numbers to adequately serve its patrons. All Concessionaire staff members shall, while on duty, be equipped with any apparatus of clothing that may be required by law, ordinance or regulation. 12. DELIVERIES Delivery times are to be coordinated with the City to minimize disruptions of City business. 13. PROMOTIONS/ADVERTISING Agreement City Cafe draft 3-29-18 Page 5 of 19 All advertising shall be approved in writing by the City or its representative. 14. SIGNAGE All graphics placed upon or affixed to any of the Concession Premises shall be subject to the prior written approval of the City or its representative. 15. UTILITIES The concessionaire shall install and maintain a private telephone to serve the food concessions and shall be responsible for their monthly telephone charges. 17. CUSTODIAL MAINTENANCE OF CONCESSION PREMISES Concessionaire shall, at no expense to the City, at all times keep the Concession Premises in a very neat, clean, safe and sanitary condition; keep the glass of all windows and doors clean and presentable; furnish all cleaning supplies, materials and equipment needed to operate the Concession Premises in the manner prescribed in this Agreement; and provide all necessary janitorial service to adequately maintain the Concession Premises on the frequency schedule attached as Attachment A. The City through its representative shall conduct periodic inspections of the Concession Premises and shall notify the Concessionaire in writing to make changes in maintenance methods or to make immediate repairs to areas affected by unacceptable maintenance methods. The Concessionaire shall make changes or repairs within the time, or times, indicated by the City. Concessionaire may provide for janitorial services by contract with a third-party which shall be subject to this Agreement and the prior written approval of the City. If Lessee fails to perform the required maintenance or custodial services, Lessee shall reimburse the City within thirty (30) calendar days after receipt of a statement for the cost of performing such work so long as the damage or extraordinary trash is related to the Lessee's use of the Deli and Espresso Stand. Continued failure to maintain or clean as required by this Lease shall constitute a material breach of this Lease. Transit Center Restrooms:The City of Renton gives Concessionaire permission to monitor and control access to these restroom facilities to business patrons deemed acceptable by Concessionaire, and is not required to provide access to the general public. The Concessionaire shall provide janitorial services for the public restroom in the PSC Building of the Renton Transit Center per the standards and frequency schedule in Exhibit A, "Maintenance Standards". Farmer's Market Agreement City Café draft 3-29-18 Page 6 of 19 On those days that the Renton Farmer's Market is in operation, market vendors with proper ID are to be given preferential access to the restroom. 18. EQUALITY OF TREATMENT Concessionaire shall conduct its business in a manner that assures, fair, equal and non- discriminatory treatment at all times in all respects to all persons without regard to race, color, religion, gender, age or national origin. No person shall be refused service, be given discriminatory treatment, or be denied any privilege, use of facilities, or participation in activities on the Concession Premises because of race, color, religion, gender, age, or national origin. Failure to comply with any of the terms of this provision shall be material breach of this Agreement. 19. NON-DISCRIMINATION The Concessionaire shall comply with the Fair Practices and Non-discrimination policies set forth by the law and in the City's Affirmative Action Plan and Equal Employment Program. 20. ALL-RISK INSURANCE Concessionaire shall, at no expense to the City, secure and maintain during the full term of this Agreement, a policy of All-Risk insurance in the full amount equal to the value of the personal property and leasehold improvements placed within the Concession Premises by the Concessionaire. Said policy of insurance shall name the City of Renton as an additional insured, with that coverage being primary and non-contributory to any other policies available to the additional insured. A full copy of the All-Risk insurance policy shall be furnished to the City and shall be subject to review by the City Attorney and Risk Manager. The All-Risk insurance policy shall be reviewed and the value reassessed annually. The proceeds derived from settlement for any loss covered by the All-Risk insurance policy shall be utilized to repair and refurbish the Concession Premises and for structural improvements thereto. Provided, that in the event of a total loss of the Concession Premises, the City shall have the unilateral authority to either rebuild the Concession Premises, or make distribution of such settlement funds between the City and the Concessionaire, consistent with their respective interests. 21. PUBLIC LIABILITY INSURANCE The Concessionaire shall secure and maintain during the full-term of the Agreement, at no expense to the City, public liability insurance. Under such insurance: A. The City of Renton shall be named as an additional insured in the following manner: "The City of Renton is added as an additional insured on this policy, with this coverage being primary and non-contributory to any other policies available to the Additional Agreement City Cafe draft 3-29-18 Page 7 of 19 Insured, with respect to any and all injuries, damages and losses that may arise in connection with the use of City of Renton property by its successors and assigns (hereinafter referred to as the "Concessionaire)" as well as any activity performed by the Concessionaire by virtue of the rights granted under the Concession Agreement between the City and the Concessionaire." B. Liability limits shall be at least the following amounts: $1,000,000 Bodily Injury and Property Damage Liability subject to a $2,000,000 policy aggregate. C. Coverage shall include, but need not be limited to the following types (described in insurance industry terminology): 1. Commercial General Liability coverage shall include: Premises Operations Products/Completed Operations Contractual Liability Broad Form Property Damage Independent Contractors Personal Injury/Advertising Liability 2. Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, if there will be any use of vehicles on the Concession Premises by or on behalf of the Concessionaire. 3. Workers compensation (provide L & I employer ID number). D. Written notice of the cancellation of or any other change in such coverage shall be provided to the City of Renton Facilities Director, Renton City Hall -6th Floor, 1055 South Grady Way, Renton, Washington 98055, by lessee not less than 2 days after the effective date of such change. E. Documentation of such insurance shall be filed with the City at the address identified in subsection 4 above, prior to the commencement of the term of this Agreement. Upon request, a copy of the policy providing such insurance coverage shall be provided to the City. All such material shall be subject to review by the City Attorney and City's Insurance Broker. F. A Current Certificate of Insurance shall be included with signed lease document. "Exhibit C" Notwithstanding any other provision of this Agreement, the failure of the Concessionaire to comply with the above provisions of this Section shall subject this Agreement to Agreement City Cafe draft 3-29-18 Page 8 of 19 immediate termination without notice to any person in order to protect the public interest. 22. INDEMNITY/EXEMPTION FROM LIABILITY Indemnity. A. Concessionaire/Lessee shall indemnify, defend and hold harmless the City, its elected officials, officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion of the same, including but not limited to reasonable attorneys' fees, legal expenses and litigation costs, arising from injury or death to persons, including injuries, sickness, disease or death of Concessionaire's own employees, agents and volunteers, or damage to property caused by Concessionaire's negligent act or omission, except for those acts caused by or resulting from a negligent act or omission by the City and its officers, agents, employees and volunteers. B. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate...) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Concessionaire and the City, its officers, officials, employees and volunteers, Concessionaire's liability shall be only to the extent of Concessionaire's negligence. C. The provisions of this Section shall survive the termination or expiration of this Lease. Exemption of Lessor from Liability. D. The City shall not be liable for any damage,death,or injury to the person, business (or in any loss of income there from), goods, wares, merchandise or other property of Lessee, Lessee' s officers, agents, employees,volunteers, invitees, customers or any other person in or about the Deli or Espresso Stand, whether such damages or injury is caused by or results from: ( a) fire, steam, electricity, water, gas, snow, rain, or volcanic activity; (b) the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air condition or lighting fixtures or any other cause; or ( c) conditions arising in or about the Concession Premises or upon other portions of, or from other sources or places. E. The City shall not be liable for any such damage or injury even though the cause of or the means of repairing such damage, death or injury are not accessible to Lessee. The provisions of this Section shall not, however, exempt the City from liability for the City's negligence or misconduct. 23. MUTUAL RELEASE AND WAIVER Agreement City Cafe draft 3-29-18 Page 9 of 19 Concessionaire shall not assign to any insurance company any right or cause of action for damages to the Concession Premises which Concessionaire now has or may subsequently acquire against the City during the term of this Agreement and shall waive all rights or subrogation for such damage. 24. CONTINUOUS OPERATION Concessionaire shall keep the Concession Premises open and use them to transact business with the public daily during hours listed in Section 5 of this Agreement. Subject to the prior written approval of the City, the Concessionaire may close the Concession Premises or any portion thereof for a reasonable period for repairs or remodeling, for taking inventory, or to accommodate the construction by the City of public improvements, provided that a written notice of such impending closure is posted in a conspicuous place on the Concession Premises for at least one week immediately prior to the closure date. Concessionaire may close the concession Premises or any portion thereof in an emergency without the approval of the City. The City reserves and retains the right to close Concessionaire's operation for its convenience upon written notice of not less than seven (7) days and to close the Concession Premises or any portion thereof immediately in case of an emergency. 25. COMPLIANCE WITH LAWS Concessionaire shall comply with all applicable federal, state, county, and City laws, statutes, rules, guidelines or ordinances with respect to any portion of the Concession Premises. 26. UN-USABILITY Either Party may terminate this Agreement in the event that the Concession Premises or a substantial portion thereof are rendered unusable by fire, flood, earthquake, act of war or other extraordinary casualty destroying or damaging the Concession Premises by notice given the other party within thirty (30) days after such conditions are discovered. Neither Party shall be required to restore or reconstruct the Concession Premises. During any period of Concession Premises use subsequent to said thirty (30) days, the annual payment payable under Section C thereof, shall be reduced by the ratio that the area rendered unusable by such extraordinary casualty and not reconstructed or repaired bears to the total area of the Concession Premises. 27. SURRENDER OF PREMISES AND REMOVAL OF CONCESSIONAIRE'S PROPERTY A. Upon termination or expiration of this Agreement, the Concessionaire shall surrender the Concession Premises to the City and promptly surrender and deliver to the City all keys that it may have to any and all parts of the Concession Premises. B. The Concession Premises shall be surrendered to the City in as good a condition as at the date of execution of this Agreement, except for the effects of reasonable wear and tear, alterations, and repairs made with concurrence of the City, and property Agreement City Cafe draft 3-29-18 Page 10 of 19 damage by fire and other perils insured in contracts or policies of all risk insurance in current practice. C. Prior to the expiration of the term of this Agreement, Concessionaire shall remove from the Concession Premises, at its sole expense, all fixtures, equipment, furnishings, and other personal property owned and placed in or on the Concession Premises by the Concessionaire. D. In the event that after termination or expiration of this Agreement, the Concessionaire has not removed its property and fixtures within the time allowed, the City may, but need not, remove said personal property and hold it for the owners thereof, or place the same in storage, all at the expense and risk of the owners thereof, and the Concessionaire shall reimburse the City for any expense incurred by the City in connection with such removal and storage. The City shall have the right to sell such stored property, without notice to Concessionaire, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first to the cost of sale, second to the payment of the charges for storage, and third to the payment of any other amounts which may then be due from Concessionaire to the City and the balance, if any, shall be paid to the Concessionaire. 28. LIENS AND ENCUMBRANCES Concessionaire shall not enter into or agree to any liens or encumbrances arising or growing out of its use and occupancy of the Concession Premises. At the City's request, Concessionaire shall furnish the City written proof of payment of any item which would or might constitute the basis for such a lien on the Concession Premises if not paid. 29. RIGHT OF ENTRY The City's representative(s) may enter the Premises during normal operating hours for the purpose of inspecting or repairing the same. In the case of emergency, the City may enter, inspect and repair as needed at any time. This right shall impose no obligation upon City to make inspections to ascertain the condition of the Premises in addition to Renton's responsibility to conduct annual inspections and shall impose no liability or responsibility other than to inform Lessee of any defect. 30. ACCESS TO BOOKS AND RECORDS; CASH REGISTERS Concessionaire agrees to maintain books, records, and documents that sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. The City, through its representative, shall have the right at reasonable times to examine and inspect books and records of the Concessionaire bearing upon or connected with the business conducted upon the Concession Premises to determine compliance with the Agreement City Cafe draft 3-29-18 Page 11 of 19 provisions of this Agreement. Concessionaire also agrees to require each of its subcontractors, agents, representatives to also maintain their records and make them available for audit, copying, inspection, or review as required in this section. 31. DEFAULT OF FAILURE OF CONSIDERATION The City may terminate this Agreement and take immediate possession of the Concession Premises in the event that the Concessionaire shall have failed to perform any of the covenants or conditions of this Agreement and such default or deficiency in performance was not remedied by the Concessionaire within thirty (30) days after receiving notice in writing stating the nature of the default or deficiency and the City's intention to terminate if not corrected. 32. ASSIGNMENT OF AGREEMENT Concessionaire shall not assign or transfer this Agreement or otherwise convey any right or privilege granted hereunder or any part of the Concession Premises without the City's written consent. Neither this Agreement, nor any right, privilege nor interest therein or thereunder shall be transferable by operation of law or by any process or proceeding of any court. 33. HAZARDOUS MATERIAL A. Lessee shall not cause or permit any Hazardous Material to be released or disposed of on the Deli or Espresso Stand by Lessee, its officers, agents, employees, contractors, volunteers or invitees. B. If Lessee breaches the obligations stated in the preceding sentence, then Lessee shall indemnify, defend and hold the City harmless from any and all claims, judgments, damages, penalties, fines, fees, costs, liabilities or losses including, without limitation, diminution in the value of the Deli or Espresso Stand, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Deli or Espresso Stand, or elsewhere, damages arising from any adverse impact on marketing of space at the either location, damage related to any environmental contamination, and sums paid in settlement of claims, attorneys'fees, consultant fees and expert fees incurred or suffered by the City either during or after the Lease Term. This indemnification by the Lessee includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean- up, remedial action under RCW 70.105D, removal or restoration work, whether are not required by any federal, state or local governmental agency or political subdivision, because of Hazardous Material present in or under Espresso Stand, or in its soil or its ground water. Lessee also agrees to grant the City the right to enter the Deli or Espresso Stand for the purpose of conducting tests and monitoring for the purpose of determining whether hazardous substances are present or have been released on or in the Concession Premises. C. Lessee shall immediately notify the City in writing of any inquiry, investigation or notice that Lessee may receive from any third- party regarding the actual or suspected Agreement City Café draft 3-29-18 Page 12 of 19 presence of Hazardous Material on City property, and forward any related documents or materials to the City. D. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in or about the Deli or Espresso Stand by Lessee, its officers, agents, employees, contractors, volunteers or invitees, results in any unlawful release of Hazardous Material on, in or underneath the Deli or Espresso Stand or any other property, Lessee shall promptly take all actions, at its sole expense, as are necessary to r turn the Deli and Espresso Stand or any other property, to the condition existing prior to the release of any such Hazardous Material; provided that the City's approval of such actions shall first be obtained, which approval may be withheld at the City's sole discretion. E. As used herein, the term "Hazardous Material" means any hazardous, dangerous, toxic or harmful substance, material or waste including biomedical waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States Government due to its potential harm to the health, safety or welfare of humans, animals or the environment. 34. NO RECORDATION: Lessee shall not record this lease without prior written consent from the City. However, either the City or Lessee may require that a "Short Form" memorandum of this Lease executed by both parties be recorded. The party requiring such recording shall pay all transfer taxes and recording fees required to accomplish recordation. 35. MODIFICATION The Parties hereto reserve the right to amend this Agreement from time to time as may be mutually agreed. No amendment hereto shall be effective unless written and signed by authorized representatives of the Parties. 36. EXHIBITS TO AGREEMENT. The following exhibits are attached to this contract and incorporated herein by this reference: Attachment A: Maintenance Standards Attachment B: Concessionaire's Certificate of Insurance 37. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between Parties. Agreement City Cafe draft 3-29-18 Page 13 of 19 IN WITNESS WHEREOF, the Parties agree that this Agreement shall become bind as of the Effective Date noted above. CITY OF RENTON Chill 425 Inc. Yid-t- �-�—� Denis Law, Mayor �•�G�•(Y OF `t,,, By: I Date signed: ¢,�,������� ..``'�`t�������,,,,,„ A-Trinted Name: CVO (AO H. Le z * 1 '1/4 ' title: CAA) V�-Pir Z = `S�'.4 : [date signed: 11-1 (2/ 1 $ Atte. : • 11. a •'•• L '~ / v Willi4;°0� D SEP?.b,{ %``\. J. .n A. Seth, City ler Date attested: LI K APPROVED AS TO FORM ONLY Shane Moloney, City torney STATE OF WASHINGTON ) SS COUNTY OF�/�j�� ) On this j day of ct'1 ,2016 , before me,the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared DENIS LAW to me known to be the person(s)who signed as THE MAYOR of CITY OF RENTON, the Washington municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be his free and voluntary act and deed and the free and voluntary act and deed of said Washington municipal corporation for the uses and purposes therein mentioned; and on oath stated that he was authorized to execute the said instrument on behalf of said Washington municipal corporation. `\. N\\\\\!`11 II IN WITNESS WHEREOF I have hereuri— ilhaiiid :;Ip fic II.eal th- ,1. • year first above written. • 0, 5SIO�` ' : .1gJ. \ •2 R.-- kL a°TA,p� n:te e o ' otary) a, a - .• z,r, 41 c, (PDr, o!tamp name of Notary) • l• /, ;i;b, IDTAUBLIC in and for the State of Washington, residing !� C• `' . ,,e,\:.a•\ � — �""�_' —� 1i!lli�I�'``"AS�, ppointment Expires: a`/( STATE OF WASHINGTON ) SS Agreement City Café draft 3-29-18 Page 14 of 19 COUNTY OF ihq ) On this 12.141 day of .4 n I , 20 ig , before me,the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appearedb)t5 ' _cc to me known to be the OWyiR.r of Chili2t ,5 •11.1C, , and acknowledged the said instrument to be the free and voluntary act and deed of said [corporation or limited liability company],for the uses and purposes therein mentioned,and on oath stated that s/he was authorized to execute said instrument on behalf of said [corporation or limited liability company]. IN WITNESS WHEREOF I have her hew,NWWfitAihand and official seal the ay and year first above written. cA1A . 11/c i'l, �� d^A Idki�2 ����yg�oni' t��� �//(Signature of Nota ) �'���0SARI gyp' % �. lL�d o-u 1,(/t.r � A N � �B`\�, print or stamp name of Notary) i � '��, g,,'A? NOTARY PUBLIC in and for the State of Washington, ��/,''6�1�9-.1�`\DC7 // residing at K¢ 0 � (-I 1Ig y \1�\ASs' •S" My Appointment Expires: t 1'1 2.41�' Agreement City Café draft 3-29-18 Page 15 of 19 Exhibit A- MAINTENANCE AND JANITORIAL STANDARDS These standards can be adjusted by the City to meet need. MAINTENANCE STANDARDS The concessionaire will be required to maintain the concessionaire's premises according to the following standards. CONCESSION AREA SPECIFICATIONS DAILY 1. Empty all trash and place in dumpster. Brush or wipe waste baskets. Wash waste baskets as needed. 2. Dust all desks, tables, counters, files, telephones and other furniture within reach. Remove spillage as needed. 3. Wash table tops, counters, sinks, equipment and all surfaces. 4. Sweep/damp mop all hard surface floors and carpets. Remove spillage on all floors each night. 5. Replace burned out light bulbs. 6. Spot clean marks and smudges from walls, especially entrance areas, hallways, doors, and around push plates and light fixtures. 7. Clean all interior windows and door glass. WEEKLY 1. Perform high dusting such as upper walls, ventilator grills, piping, door and window casings, and other surfaces not done on a more frequent basis. 2. Remove all products from coolers and clean interior. Agreement City Café draft 3-29-18 Page 16 of 19 COMPOSTING AT CITY HALL 1. The City Scene Cafe will participate in waste reduction measures at City Hall by providing opportunities for customers to sort their waste between compost, recycling, and garbage receptacles. City Scene Cafe staff will personally reduce waste by composting and recycling as much as possible. 2. City Scene Cafe staff will cooperate with the Solid Waste Utility to create space to effectively place receptacles and signs for all three waste streams together in a highly visible location. 3. City Scene Cafe staff will service compost able receptacles on a daily basis and transport all waste to the appropriate receptacles located in the lower parking lot of Renton City Hall. 4. The City Scene Cafe will line receptacles for compostable products with approved biodegradable liners. The City of Renton is not responsible for providing these liners. 5. The City of Renton Solid Waste Utility will provide the City Scene Cafe with two green Slim Jim receptacles and lids, as well as a limited supply of approved biodegradable liner bags to begin program implementation. 6. The City of Renton Solid Waste Utility will provide public education signage to help promote the program to cafe users. JANITORIAL STANDARDS FOR TRANSIT CENTER RESTROOMS Restroom Specifications (to be performed DAILY) 1. Dust mop/sweep floor surface 2. Damp mop floor surfaces with pH neutral disinfectant cleaner 3. Empty and clean all waste containers, including sanitary napkin receptacles, and replace liners 4. Check and refill all dispensers; paper towels, toilet tissue, seat covers, hand soap, etc. (All paper products, hand soap, and air fresheners furnished by lessee) 5. Clean and polish mirrors and dispensers Agreement City Cafe draft 3-29-18 Page 17 of 19 6. Clean counters, washbasins and soap dispensers 7. Clean and sanitize toilets, toilet seats, and urinals 8. Clean and polish chrome fixtures 9. Clean walls around sinks, towel dispensers, urinals, partitions and door frames 10. Change light bulbs as needed Restroom Specifications (to be performed MONTHLY) 1. Wipe down walls not done daily. 2. Vacuum air vents 3. Dust tops of partitions, mirrors and frames. Agreement City Café draft 3-29-18 Page 18 of 19 Exhibit B CONCESSIONAIRE'S CERTIFICATE OF INSURANCE Agreement City Cafe draft 3-29-18 Page 19 of 19 CHIL425-01 GKIM ACC--)/?Cr DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 04/12/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Grace Kim NAME: Basin Pacific Insurance&Benefits PHONE FAX No):(253)322-3356 33919 9th Avenue S,Suite 104 (A/C,No,Ext):(253)874 0176 Federal Way,WA 98003 ADD"RRESS:Gkim@basinpacific.com INSURER(S)AFFORDING COVERAGE NAIC# _ INSURER A:Mutual of Enumclaw Insurance Company 14761 INSURED INSURER B: Chill 425 Inc dba City Scene Cafe INSURER C: 1055 S Grady Way INSURER D: Renton,WA 98055 INSURER E: 4 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE IADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR I INSD WVD IMM/DD/YYYYI IMM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X X BOP0012877 11/20/2017 11/20/2018 PREMISEaaoccurrence) $ 100,000 MED EXP(Any one person)_ $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PES X LOC PRODUCTS-COMP/OPAGG $ 1,000,000 OTHER: $ AUTOMOBILECOMBINED SINGLE LIMIT LIABILITY (Ea accident) $ ANY AUTO ! BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY I AUTOS BODILY INJURY(Per accident) $ NON-OWNED I PROPERTY ONLY AUTOS Y (Paccident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) A certificate of holder listed as addtional insured to the policy. CERTIFICATE HOLDER CANCELLATION • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Renton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1055 S Grady Way Renton,WA 98057 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD