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MUP 1997-020• CITY OF LA QUINTA • Community Development Department 78-495 CALLE TAMPICO LA QUINTA, CA 92253 AUG 111997 U 619-777-7125 CITY OFLAIJ!u+I'diA Case Number: /W.- 9---02D PLANNING DEPnRT� Date A cepted: EE 9 Fee: .,b s� MINOR USE PERMIT APPLICATION Minor Use Permit (MUP) applications are governed by Section 9.210.020 of the Zoning Code (A copy is attached). Uses requiring a MUP have a low or moderate potential for adverse impacts on surrounding properties, residents, or businesses. Review and approval by the Community Development Director for this application is required. APPLICATION PURPOSE Purpose of Request: c)(-\ C::� %C n S Assessor's Parcel No.: General Location: Existing Zoning: C Additional Information: (Additional written material can be submitted separately) ARCHITECTURAL PLANS - Three copies of the architectural and landscape/irrigation plans shall be submitted with this application unless otherwise determined by Department staff. Colored renderings may be required depending upon the application being submitted. Applicant: (Print Name) j�(Phone) ( Address: (�—`r3�5�e.c .Z~ t`d4-Go--lo. �`tV1��1 c % f �� z3y Owner(s): (Print Name) Signatureo plicant: �L' Z Date: 7 Z �' / 7 Authority this application is hereby ven: Signature of Property Owner(s) -�/ Date: Any false or misleading information given in this application shall be grounds to deny this application. Signatures and addresses of all property owners affected by this application shall be included in this submittal. Separate lettersoAfftion can be submitted. FMMUP-P AUG 111997 MY OF LA QWN 1 A 1 I�',11�1;,� :�`r FILE COPY 78-495 CALLE TAMPICO — LA QUINTA, CALIFORNIA 92253 - (619) 777-7000 FAX (619) 777-7101 September 10, 1997 Ms. Eileen Smith M & E Concessions 68-805 Perez Road Ste. G-76 Cathedral City, CA 92234 SUBJECT: MINOR USE PERMIT 97-020; Hot Dog Concession at Home Depot Dear Ms. Smith: The Community Development Department has approved your application request to set up a hot dog and beverage concessions cart on the Home Depot property at 79- 900 Highway 1 1 1 . This approval is based on the following findings: 1 . The proposed use is consistent with the La Quinta General Plan, as it is of a temporary nature and is determined to be accessory to the principal commercial use, being the Home Depot store. 2. The proposed use is consistent with the Zoning Code, as it is permitted in the CR zoning district subject to approval of a Minor Use Permit, and as conditioned in accordance with Section 9.100.110, regulating Outdoor Vendors. 3. The proposed use is not subject to CEQA, based on Guidelines Section 15311 (c). 4. Approval of this Minor Use Permit Application will not result in conditions detrimental to public health, safety and general welfare, nor injurious to or incompatible with other properties and uses in the vicinity. The applicant has obtained a SAN -060 Environmental Health Permit from Riverside County Health Department. Based on the above findings and pursuant to Section 9.100.1 10 (Outdoor Vendors), the application is subject to the following Conditions: 1 . The proposed concession use may be conducted on-site for the term of the Environmental Health permit, which is December 31, 1997. However, an extension of this period may be requested in writing, pursuant to Section 9.200.080. P:\PLANNING\Mup020 r# IIA MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 a 2. Location of the concession cart and appurtenant equipment and service areas shall not obstruct or otherwise' interfere with access to the Home Depot or any surrounding pedestrian ways. No part of the use may be located on or within any parking lot, stall or other vehicular traffic area. Any vehicles used to transport equipment, food items or other materials associated with conducting the concession shall be parked in approved designated permanent (striped) parking areas/stalls. 3. The outdoor concession site area shall not exceed 150 square feet. This area is defined as all space separated from public access and used exclusively for the concession activity, including storage and equipment areas. 4. No temporary signs are permitted unless separately approved by this .Department. Any text or, graphic copy painted onto the cart or other equipment, and menu board information, is not subject to this requirement. 5. The applicant shall obtain a City business license to conduct this concession. This approval shall authorize the applicant to apply for said license, along with any other necessary licenses/permits as may be required. 6. The concession may operate only during business hours as established by the Home Depot store. 7. The City may elect to add Conditions to this application request to mitigate any problems that arise that are not addressed herein. If you have any questions, please contact me at 760-777-7069. Sincerely, JERRY HERMAN COMMUNITY DEVELOPMENT DIRECTOR Wallace Nesbit Associate Planner WN c: Building and Safety Director Planning Manager Code Compliance Division P:\PLANNING\Mup020 9.100. SUPPLEMENTAL NONRE.SIDENTL4L REGULATIONS 5. Each facility shall comply with fire prevention standards as approved and enforced by the Fire Marshal. 6. Off-street parking and vehicular access shall be provided to the satisfaction of the Director. 7. Signs shall be restricted to one banner sign per street frontage, each sign not exceeding 32 square feet. Other signs and advertising devices such as pennants, flags, A -frame signs, and light strings are prohibited. 9.100.110 Outdoor Vendors. A. Definition. Outdoor vendors include hotdog stands, ice cream carts, and similar retail uses which utilize a movable or relocatable stand or cart for walk-up sales. The stand or cart must be of a size.and design suitable for placement on a sidewalk or pedestrianway. B. Minor Use Permit. An outdoor vendor use may be established as an accessory use in any nonresidential district upon approval of a minor use permit pursuant to Section 9:210.020. All such uses shall comply with the following standards: An outdoor vending use may only be established as accessory to the principal use on the parcel. 2. The location of the outdoor vending use shall not interfere with access to adjacent buildings or with pedestrian circulation. No portion of the vending use shall be located in a parking lot, street, or other area intended for vehicular parking, access or circulation. The outdoor vending site shall not exceed 150 square feet. The vending site includes all areas separated from pedestrian access and used for vending activities, including storage. 4. The outdoor vending use shall not be located on public sidewalk or within a public street right- of-way. '` 5. The operator/owner shall obtain other necessary licenses and permits required for such activities by City ordinances. 9.100.120 .Outdoor Storage and Display. A. Purpose. This Section provides regulations for the outdoor storage and display of merchandise, materials and equipment. B. Where Permitted. The storage and/or display of any merchandise, materials or equipment outside of an enclosed building is prohibited except where permitted in accordance with this Section, Section 9.80.040 pertaining to permitted uses, Section 9.100.130 pertaining to sidewalk sales and special events, or where permitted by a conditional use permit. 100-10. 1. Business Name: Business Address • • 4itiGv BUS. LIC. NO. BUSINESS LICENSE APPLICATION FORM APPROVED DATE FOR BUSINESS NOT LOCATED INSIDE THE CITY OF LA QUINTA (This license does not apply to Building Contractors, General or Sub) 3. Mailing Address: � `7 \ �C�� YV\�C�k A a , 0A-V1E (-A,� C1_I 4. Business Phone( ) -7 toG\) ?Jo�� -3c1 1 5. Owned By: CORPORATION PARTNERSHIPINDIVIDUAL 6. If Corporation or Partnership: Tax I.D.# 7. If Individual Owner: Social Security 8. Name of Owner or Officers and Title: (—,� k - 1 ��P-Q '1 +-6 (-) W'Cic:z� 9. Type of Business: 0C)t1 ref:�� JI C)�C--j 10. SBEResale # r�-R E H C- Q 3- CY) 9 a-a� 11. EVERY BUSINESS NOT HAVING A FAXED PLACE OF BUSINESS WITHIN THE CITY OF LA QUINTA WHO DELIVERS TO LA QUINTA ANY GOODS OR SERVICES BY THE USE OF VEHICLES SMALL, SHALL PAY A LICENSE FEE AS FOLLOWS: CAPACITY Not Exceeding 1/2 ton 1/2 to 2 ton Over 2 ton to 3 ton Over 3 ton RATE PER VEHICLE $15.00 25.00 50.00 75.00 TOTAL LICENSE FEE DUE: NUMBER OF VEHICLES I HEREBYXERTIFY that all the informatio supplied by me is correct and any license required by the County, State or Federal Go ve ent h n issued to meanpare In full force and effect. Z4�2� I'll- '--!t & '7'�7 Signature- Title Date Send Completed Form To: CITY OF LA QUINTA BUSINESS LICENSE DIVISION P. O. Box 1504 La Quinta, CA 92253 (760)777-7050 (I Best Vendors voerdre alawmmrr • VENDOR AGREEMENT In consideration of the term9 and condltionia rnntalncd herein. Beet Vendors Company ("Beat Vcndors'l and the undersigned Vendur (" endor7 agree as follows: GRANT. Subject to the terms and con0i0ons of this Agreement. Bost Vendors grams to Vendor the right to install and operate the Equipment and sell the Products at the Facility all of which Is Identified on the Schedule set forth below. Vendor agrees to install on the Installation Date ai the Facility the Equipment as is indicated upon the Schedule. The foregoing grant does not Include any right, and Vendor agrees not, to distribute goods or services bearing or ulilizutg any trademark, service mark, trade name, advertising or other commercial symbol or Bosl Vendors. the National Account or their arfliates. Installation or operation of Equipment within any Facility subsequent to the receipt or Inis Agreentam shall constitute acceptance by Vendor of this Agreement as to the Facility described in the Schedule, TERM. The rights With respect to the Facility identified on the Schedule shall commence on the data of acceptance of this Agreement by Best Vendors and shall continue until terminated as provided In Sections 13, 15 or 16 below. The term of this Agreement shell not be extended or otherwise affected by any prior, existing or subsequent agreement between Best Vendors and Vendor, FEE. Vendor shall pay a fee (the "Fee") to Best Vendors as set forth In the Schedule. Fee payments with respect to all Eqwpmeru shall be made monthly to Bast Vendors on or before the fust (in day of the month at such place as Best Vendors may. from time to time, designate and shall be accompaniod by a Fee Statement in form substantially similar to that provided to Vendor. from time to time, by Rest Vendors. completed and signed by an authorized representative of Vendor. Unless otherwise provided In the Schedule, the Fee shall be paid without doduction or any costs incurred by Vendor including, but not limited to. deposits and sates/use texas. Best yr ndors may. upon request, require Vendor to provide a security deposit, escrow arrangement, letter of credit or other credit enhancement to secure the payment or unpaid Fees, LAWS, REGULATIONS AND RULES. Vendor shall comply with all laws, ordinances. rules and regulations, wnothor rodoral, state or local, apploole t0 the operation of its business and the Equipment. Vendor agrees to procure and maintain, at its sole expense, all necessary permits and licenses for the lawful operation of its business and the Equipment and to provido copies or all such permits and licenses to Bast vendors prior to the Installation of the Equipment. Best Vendors and/or the National Account may from time to time provide to Vendor written directives with respect to the Facility. While on Facility premises, Vendor shall comply with such directives and shall at all times conduct its business in accordance with recognized standards in the trade. Vendor represents that (a) ii is knowtedgoeblo and experienced in the operation of the Equipment and the businos& of dispensing the Products to be sold by Vendor pursuant to this Agreement: and (b) the Information and documentation provided to Best Vendors by Vendor In its Bu&mess Profile Form is true and accurate. White on any Facility premises, Vendor agrees that It shall act in a good and workman like manner consistent Win the highest standard of conduct in the industry. INDEMNIFICATION. Vendor agrees to Indemnity. defend and save Best Vendors and the National Account and their respective director, officers. employees, subsidiaries. affiliates. landlords, agents and contractor (collectively, "Indemnified Parties") harmles;- from and against any and all claims, domands, or causes of action (Including anornoys' fees) for liability for bodily injury or property damage arising from, or alleged to have arisen from (a) the operation of Vendors business or the Equipment, (b) any aclual or alleged noglio9nce or dishonesty or, or any actual or alleged actions or omissions by, vendor or any of Its employees, agents or subcontractors, including but not limited to, any act of theft, embeitlement or assault committed by the amploya9s or agent•,. or Vendor or the sale of any defective or unhealthy products. (c) any breach by vendor of its obligations hereunder, or (d) any alleged patent, copyright or trademark Infringement or unauthorized use of trade secrets or other proprietary rights if, connection with the Equipment or the Products. Best Vendors may retain counsel antl defend such action, suit or proceeding at Vendors expense. Vendor shall not settle any such action. suit or proceeding without the prior written approval of Best Vendors. INSURANCE. During the torn) of this Agreement. Vendor shall, at its sole cost and expense. maintain workers compensation Insurance as required by law, commercial general liability insurance (including coverage for products liability and contractual liability) on an occurrence basis in an amount equal to the greater of one million dollars ($1.000,000) or such other amount as may be required by the National Acrount, and automobila liability insurance on an occurrence basis in an amount nor less than one million dollars ($1,000,000) providing for the Investigation. defense and satisfaction tbv settlefrlent or otherMso), at no cost to Best Vendors of the other Indemnified Parties, of any liability, claim, lose, coat, expense or fee asserted against or incurred by Vendor. Best Vendors or the other Indomnified Parties. WITHIN FIVE (5) DAYS AFTER EXECUTION OF TNI$ AGREEMENT, AND FROM TIME TO TIME THEREAFTER, UPON REOUEST BY BEST VENDORS, VENDOR SHALL CAUSE THE INSURER ISSUING SUCH POLICIES TO ISSUE A CERTIFICATE TO BEST VENDORS CONFIRMING THAT SUCH POLICIES HAVE BEEN ISSUED AND ARE IN FULL FORCE AND EFFECT AND PROVIDE COVERACE OF THOSE INDEMNIFIED PARTIES IDENTIFIED BY BEST VENDORS AS ADDITIONAL NAMED INSUREDS, AND ALSO CONFIRMING THAT BEFORE ANY CANCELLATION, MODIFICATION OR REDUCTION IN COVERAGE OF SUCH POLICIES, THE INSURANCE COMPANY SHALL GIVE THIRTY (30) DAYS PRIOR WRITTEN NOTICE TO BEST VENDORS OF SUCH PROPOSED CANCELLATION, MODIFICATION OR REDUCTION. &:b)ecl to the terms or this Agreement. Vendor waives for itself and int insurers all rights of recovery against Bast Vendors and the other Indemnified Parties for damages covered by such policies. Such policies shall Include provisions denying to the insurer subrogation rights against r-7 Best Vendor and all other Indemnified Parties for any damagos covered by such policies. All such policies shall be provided by an insurer rated A+ or better by Bost* and licensed to do business in the state In which the Facility is located. TAXES. unless otherwise indicated on the Schedule, Vendor shall; (a) pay all taxes, assessments, and permit and license foes which are now or may be Imposed in the future by the United States. the state in which the Facility is located, or by any othor govommontal authority arising out of the conduct of its business; (b) charge, collect and pay all applicable sales, use angor excise taxes that may be Imposed upon any Equipment or sale of Product sold by Vendor pursuant to this Agreement (but specincary excluding sales. use and/or excise taxes payable with respect to the Fee paid to Best Vendors); and (c) in its own memo romit to and file with the proper governmental authorities all of the foregoing taxes, assessments, loos and necessary returns and comply With all regulations and rules promulgated by such governmental authorities. Vendor shall not permit any lien to be placed upon the property of Best Vendors or tho National Account. Upon request. Vendor shall provide to Beat Vendors proof of payment of all lamas. 6. INSTALLATION. The Equipment shall be transported to a Facility installed by Vendor at vendor's solo oxponso and any damage caused by the movement of the Equipment shall be the sole responsibility or Vondor. Vendor shall make no electrical, plumbing or structural changes or alterations in or to the Facility w,lhoul the prior written consent of Best Vendors. The Equipment shall be Installed and maintained at the Facility at the Location clonlitiod on the Schedule. RECORDS. For the purpose of permitting Best Vendors to verity payment of all amounts due or required to be paid hereunder. Vendor agrees that it shall during the terra of this Agreement, and for at loxlxl three (3) year, thereafter, keep and preserve at its omcc Identified below, balance sheote, statemorim of earnings, general ledger, receipts and disbursement journals and such sales records and other supporting doCumonlation which shall disclose in detail all information required to permit Best Vendors to verity payment or all amounts due or required to be paid hereunder and which .shall conform to and be in accordance with generally accepted accounting principles. Such records shall permit verification of gross sales by the typo or Products and Equipment. At any time after twenty-four (24) hours advance notice to Vendor, Best Vendors or its agonts and accountants shall have the right during business hour, to inspect. copy and audit such financial statements and booms and records. If such audit snail disclose amounts payable or required to be paid pursuvt to the terms of this Agreement. Vendor shall promptly pay such amount topether with the cost of the audit and late payment charges specified in Section 14. 10. PURCHASES. No goods or services shall be purchased, nor shall any liabilities or obligations be incurred, by Vendor or any person employed by or conducting business with Vendor in the name or upon the Credit 0' Bost Vomdors or the National Account. Best Vendors reserves the right to approve a list of products for sale and the right to select brands or products sold by Vendor at the Facility. Best Vendors shall be entitled to. and Vendor waives any right it may have to, any and all promotional mottles made available to Best Vendors by licensors, franchisors. manufacturers or distributors of any product brand& selected by Best Verdore and sold by Vendor at the Facility, RELATIONSHIP. Verder is hn indoperxdont contractor acting in its own behalf, and nothing contained in this Agreement shall be construed to make Vendor a partner. employee. agent, joint venturer, deals, or franchisee of Best Vendors. Vendor represents and acknowledges Thal; (s) it : Knowledgeable and o)palenced in the 000mliOn of the Equipment and the business of dispensing the Products to be sold by Vendor pursuant to this Agreement; (b) Best Vendors has not made any express or implied representation or warranty except as expressly sot rorth in finis Agreement: (c) neither Best vendor nor the National Account has made any warranty or representation whatsoever with respect to the economic or finamial performance of the business to be conducted pursuant to this Agreement; (d) Other than as sot forth in the Scnedula, no fee or other remuneration has been paid to Best Vendors by Vendor in consideration of the grant of rights to Vendor: (e) Vendor is not in the business of purchasing, and Is under no obligation to purchase, any product or service from Bost Vendors or the National Account: (1) this Agreement does not grant to Best Vendors any right to exercise control over the Vendors method of operation or to provide, or Vendor to request. operational, managerial, or marketing assistance. plans or systems: (g) this Agreement does not include any right to, nor has any representation Doan made by Bost Vendors with- respect to, additional vendor agreements. additional facilities of the National Account or service territories; (h) Vendor (or its olficor(s) or director(s)) has boon opprating in tho vendor industry for a period of not less than two (2) years; and (i) the gross sales to be derived by virtue of this Agreement will not exceed twenty percent (20%) of the Vendor's annual gross $ales. 12. THEFT OR DAMAGE. Neither Bost Vendors nor the National Account shall be responsible tor, and Vendor shalt assume all risk of. any theft, damage or destruction of any goods. merchandise. ritiures, equipment or other property belonging to Vendor or any person ompleyed by or conducting business with Vendor, kept, stored or located at tho Facility. III. NATIONAL ACCOUNT RELATIONSF(IP. (a) Vendor aCknowlodgos that the rights granted pursuant to this Agreement are by virtue of a master license (the 'Master License") between Best Vendors and the National Account. In the event the Master License is terminated tot any mason whatsoever by the National Account, this Agreramont shell automatically terminate as of the tgrmination ditto of the Master License. Vendor aeknoWledges tial 8e31 Vendors has expended substantial time. effbrt and expense In acquiring the Master License, which license reprosents a significant asset of Best Vendors. Vendor further acknowledges that in order for Beat Vendors to maintain its rrxa1onshlp with the National Account strict pertormarce by Vendor of the terms and provisions of this Agreement Is essential including, bu limited to, full and prompt payment or the Fee, maintenance of records, and ccwith the requirements of this Agreement. Vendor shall not disclose to any penso mess or entity, whether or not engaged in the Vendor business and including, but not limited to. any National Account. its officers, director,, employ*". agents or licensees, any details of any kind or nature contained in this Agreement or related to the conduct of business hereunder. 14. LATE CHARGES. To reimburse Best Vendors for administrative and reporting costs incurred as a result of late Foe paymems, in the event a Fee payment is not received by Beat Vendors on or belbre its due date, Vendor agrees that Best Vendors may charge a late payment charge equal to $10.00 for each Fee Period for which the Fee Is not paid. 15. DEFAULT. The following shall constitute Events of Default hereunder; (a) Vendor shall (1) make an assignment for the benefit of creditors or authorizes. Initiates or consents to the Initiation against It of any proceeding for a moratorium or for relief under the United States Bankruptcy Code or any similar state law or otherwise procures a stay of enfbrcoRlerll against It of creditors' remedies generally; or (ii) terminates its business or otherwise ceases to function as a going concern; (b) Vondor shall default In the making of any payment herein required; (c) Vendor shall fall to maintain required insurance coverage; (d) Vendor shall fall to perform any of the other terms, conditions, Covenants or provisions herein Wntalned an the part of Vendor to be performed, or (e) the occurrence of an Event Of Default by Vendor pursuant to any other agreement by and between Best Vendors and Vendor. Upon the happening of an Evert or Default. Best Vendor, in addition to ail other remedies available to R In taw or In equity. may by written notice to Vendor terminate this Agreement at any time. It TERMINATION. (a) Notwithstanding anything to the contrary contained In Sections 2 or 15, either party may terminal* this Agreement with or without cause at any time upon thirty (30) days prior written notice to the other party. (b) Low termination, Vendor shall Immediately remove the Equipment from the Facility and. for a period of sody (60) days thereafter, Vendor shall not directly or Indlrectty: (1) engage in the Installation. operation, management or licensing of any Equipment In the Facility; (ii) act as a manager, consultant, or contractor with respect to Equipment in the Facility' or (111) communicate, orally or in writing. with the National Account, their oftkers, directors, employees, agents, managers, contractors, consuhanls or Iicenaee8 with respect to Equipment in the Facility. If Vendor shall fail to so remove the Equipment Beet Vendors or its designee shall have the right to remove the Equipment and store the some at Vendofs Sole expense and Best Vendors and the designee shall not be liable Por any damage to the Equipment arising out of or related to such removal of SIOM90. Vendor agrees that As failure to perform any obligation or duty which It has agreed to perform pursuant to Subsections 13(b) and 16(b) snail cause Irreparable harm to Best vendor. for which there Is no adequate remedy at law. it Is further agreed by Vendor that an order of specific performance or for equitable or Injunctive relief against it in the event of its default pursuant to Subsections 13(b) or 16(b) would be equitable and would not work a hardship on the Vendor. Accordingly, in the event or a default by Vendor pursuant to Subsections 13(b) or 16(b). Best Vendots. and In addition to whatever other remedies are or might be available at law or in equity, shall have the right either to compel specific performance by, or to obtain Injunctive relief against. Vendor to Onrerte the provisions of Subsections 13(b) or 16(b). (c) The right of termination as provided in tnis Agreement Is absolute, and the parties have considered the possibility or mrpend;turee necessary for performance of the forms of this Agreement and the possible losses and damages incident to them In the event of termination. Vendor acknowledges gnat any funds expended of expenses incurred for labor, promotion, vehicles, Equipment, Products or other ROMs with regard to Its performance under this Agreement are expondod or incurred with the understanding that National Account: HOME DEPOT USA, INC. #6630 Facility Address: 79900 Higbway I I l L,aQuiata, CA 92253 u1 toentblacIdne A SMS # Mobile Can 320969 189149 ME ENTERPRISES #8514 95130 Maria Road Cathedral City, CA 92234 this Agreement may et eost be terminated.IT IS UNDERSTOOD AND AGREED THAT NEITHER PARTYBE LIABLE TO THE OTHER FOR DAMAGES IN ANY FORM BY REASONNV YERMINAYION OF THIS AGREEMENT IN ACCORDANCE WITH THE TERMS HEREOF INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS RELATING TO OR ARISING OUT OF VENDORS EXPECTED FUTURE PERFORMANCE UNDER THIS AGREEMENT. Notwithstanding any termination of this Agreementt each of the parties shall be required to carry out any provision which contemplates performance subsequent to ouch termination; and ouch termination shall not alfect any IlablIlty or other obligation which shall have accrued prior to such termination Including, but not limited to, any liability for loss or damage on account or a prior default. 17. DEPOSIT. Upon execution of this Agreement, Vendor shall provide to Beat Vendors a Deposit In the amount set forth in the Schedule. The Deposit shall secure Vendor's performance of its ob6gatlons under this Agreement. Upon the occurrence or an Event of Default pursuant to Sectlon 15. Beet Vendors may, at Its option, apply the Deposit toward amounts due to Best Vendors by reason of Vendor's default. without prejudice to Beet Vendor's rights to pursue additional damages or other remedies which may be available to Best Vendors. In the event that this Agrooment is terminated and In the absence or any Event or Default by Vendor, the Deposit shall be returned to Vendor within thirty (30) days of termination. 16. GENERAL. (a) Requests and other communications from ane of the parties to the other shall be givon In writing and shall be considered to have been duly given or Served it sent by (fitted States mail. first-class, addressed to the respective party at Its address Set Ibrth below or to such other address as such party may hereafter designate by written notice to the other party. (D) YhIo Agreement shall be binding upon and Inure to the benefit of Vendor and SCSI Vendors and their respective successor and permitted assigns. Timis Agreement may not be directly or Indirectly assigned, transferred, delegated, subcOMreeted or sublieli sed. In whole or In par by Vendor, without the prior written consent or Best Vendors. In the event Vendor Is a partnership, corporation, limited liability company or other entity. the transter in one transaction, or a series of transactions. of fifty percent (50%) or more or the aggregate equity or voting control of Vendor shall constitute an assignment of this Agreement. (c) If any provision heroin snail be deemed or declared unenromeable, Invalid or void, the same shall not impair any of the other provisions contained herein which shall be enforced in accordance with their respective terms. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MINNESOTA AND ANY PROCEEDINGS RELATING HERETO OR FOR THE ENFORCEMENT HEREOF SHALL BE BROUGHT IN FEDERAL OR STATE COURTS LOCATED IN MINNESOTA. VENDOR CONSENTS AND SUBMITS TO THE JURISDICTION OF SAID COURTS AND AGREES THAT SERVICE OF PROCESS MAY BE MADE BY PUBLICATION, BY REGISTERED OR CERTIFIED MAIL, OR IN ANY MANNER PROVIDED UNDER MINNESOTA OR APPLICABLE FEDERAL LAW. Any legal action by either of the parties against the other shall be brought within two (2) years of the date the cause of action first arose. In the event a legal proceeding is brought, the prevailing party shall be entitled to recover all of Its costs and expenses Including reasonable attorneys' coos and costs. (d) Terns not defined In the body of this Agreement shall have the meaning ascribed to them in the Schedule. This writing is intended by the parties as the final and binding oxprassion of their agreement, is complete and exclusivo of the tonne thereof and supersedes CII prior negotiations. representations and agreements. SCHEDULE Effective Datefrime: JWy 31, 1997 Deposit: $800.00 Locadon Monthly Placement Fee Public Outsidc $800.00 By: By; Print Name: Print Name: This: Title: Date: Date: "VENDOR" 0 19%webmso EAMA a. Inc. BEST VENDORS COMPANY, A Weidman Company 2626 West Lake Street Minneapolis, MN 55416 "BEST VENDORS" WORKER'S COMPENSATION If your company has employees, a copy of the workman's compensation policy must accompany the business license application, indicating dates of coverage and dollar amount. This proof of coverage must be received before the business license can be processed. your company has employees, a copy of the workman's If you do not have employees, please check the last line on the first page: "I certify that ..... 0. If your business is being operated from your home in La Quinta, a Home Occupation Permit is required before a business license is used. If you have any questions, please contact the Code Compliance Division at 777-7050. Every employer who applies for any license or a renewal of any license for a business issued pursuant to Section 37101 of the Government Code or Section 7284 of the Revenue and Taxation Code shall complete and soon declaration that'states the following: WORKER'S COMPENSATION DECLARATION I hereby affirm under penalty of perjury, one of the following declarations: I have and will maintain a certificate of consent to self -insure for worker's compensation, as provided by Section 3700 for the duration of any business activities conducted for which this license is issued. I have and will maintain worker's compensation insurance, as required by Section 3700 for the duration of any business activities conducted for which this license is . issued. My worker's compensation insurance carrier and policy number: Carrier: Policy Number: A "COPY' OF SAID POLICY OR CERTIFICATE OF CONSENT SHOWING THE AMOUNT OF COVERAGE AND EXPIRATION DATE FOR WORKER'S COMPENSATION IS REQUIRED TO PROCESS THIS APPLICATION. I certify that in the performance of any business activities for which this license is issued, I shall not employ any person in any manner so as to become subject to the worker's compensation laws of California, and agree that if I should become subject to the worker's compensation provisions of Section 3700, ill provide th City with a policy or certificate copy within ten (10) days of the cha ge in,Fettuirem� s. �_ Date: Z-,,:/)- 7 WARNING: Failure to secure worker's compensation coverage is unlawful, and shall subject an employer to criminal penalties and civil fines up to 8100,000. In addition to the cost of compensation, damages, interest,.and attorney's fees may be assessed to you as provided in Section 3706 of the Labor Code. V. N. Dist0: 0 County of Riverside Health Services Agency Faulity: 38795 Department of Environmental Health Decal No: 348 Fee: $262.00 0' , o Date: 1!31/97 `—•��\� Eftect m . 1/11/97 Penalty V ! ' • EXpIreS : 120IJ97 Tctal Fees: 5262.00 ) - ��'/� q/4 r g. ISO ENVIRONMENTAL HEALTH PERMIT O.C.R.: Sq.Ft/Make&*xJW:CART Lic. No. : THIS PERMIT IS GRANTED FOR THE BUSINESS INDICATED ON THE CONDITION THE PERSON. CORPORATION OR ENTITY NAMED IN THE PERMIT WILL ENSURE THAT THE BUSINESS IS OPERATED IN COMPLIANCE WITH THE LAWS. ORDINANCES AND REGULATIONS THAT ARE NOW OR MAY HEREAFTER BE IN FORCE BY THE UNITED STATES GOVERNMENT. THE STATE OF CALIFORNIA AND THE COUNTY OF RIVERSIDE PERTAINING TO SUCH BUSINESS. THIS PERMIT MUST BE RENEWED ON OR BEFORE THE EXPIRATION DATE AS SHOWN ABOVE. THIS PERMIT MAY BE SUSPENDED OR REVOKED BY THE ENFORCEMENT OFFICER FOR CAUSE. INSPECTION OF THIS BUSINESS MAY BE CONDUCTED BY A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR OF ENVIRONMENTAL HEALTH. NAME MATHM & ECJ SMITH D.B.A. M & E OONCESSION8 •LOCATION RIVERSIDE COUNTYWIDE TYPE OF BUSINESS MOSU FOOD FACILITY MAILING ADDRESS 6M PEREZ RDJ*76 CITY AND STATE CATHEDRAL CITY CA 9ZM DEH -SAN -060 (Revised 7/95) POST IN A CONSPICUOUS PLACE ;J..AMF- DISTRIBUTION: ing. Director ORIGINAL - OWNER; CANARY - FILE; PINK - FILE 20 co4o,vc 1 J IL D RETAIL E $ 3,600 S.F. J 1 G 3 - 17 � t tf r TRASH ENCLO 16 5 , 38 �. PAD '� 1 3 2,816 SF. ,192 SF. e I I ME pep pt SNE �,7 00 Sp' 0 ��ARpEN CEN SER r1 � M � C, I �1��niiiinlllir1111InIIi1�-i� iwni