Commercial Kitchen Rental Agreement - February 23, 2020

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This is an agreement for rental of space in a commercial kitchen.

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Commercial Kitchen Rental Agreement

This Agreement is for the Rental of Space in the The Commercial Kitchen
located at 665 S Auburn Street, Grass Valley, CA dated 2/25/2019
 
Between

Noah Palmer and Megan Buser- The Customer

AND

Brenda Martin- Janssen - The Owner

Of the Second Part

Background:

A. The Owner is of the opinion that the Customer has the necessary qualifications,
licenses, Food Handlers cards, and abilities to provide documentation to the Owner.
Liability Insurance is required by all parties working in the kitchen,and needs to have a
rider of additional insured for Brenda Janssen,  (Landlord)
established before use of kitchen.

B. The Customer is agreeable to providing such documentation to the Owner on the terms
and conditions of this Agreement. In Consideration of: the matters described above and
of the mutual benefits and obligations set forth in this Agreement, the receipt and
sufficiency of which consideration is hereby acknowledged, the parties to this Agreement
agree as follows:

Services Provided

The Owner hereby agrees to rent said Kitchen to the Customer for Monthly rate of $600.00 PLUS $200.00 utilities payable the 1st of each month. There will be a grace period of 5 days after which such time a late fee of $50.00 will be assessed to Customer.  Lease to begin March 1, 2010.  The Customer must keep all areas clean. No Smoking or drugs is allowed on premises.

Term of Agreement
The term of this Agreement will begin on March 1, 2020 of this Agreement and will
continue until February 28, 2021, after which time both parties may renegotiate terms of lease. It is understood that the commercial kitchen located at 665 S Auburn Street, Grass Valley, CA will be a shared space in that Noah Palmer and Megan Buser will be allow to work in kitchen 3 days/week, 12 hours a day (more if needed with approval of Brenda Martin-Janssen). If a 4th day is needed, it can be requested to Brenda Martin-Janssen. Rate would be $50.00/day for additional day. 

It is understood that Noah Palmer and Megan Buser will need to negotiate with other tenant, Owner of An Honest Pie, Inc. the days that each party would like access to kitchen. It is the responsibility of the customers to work out weekly/monthly schedule. 

Tenants will be allowed to use the following equipment: all utensils, storage, cookware, stove, oven and Hobart mixer. Tenants MAY NOT USE sheeter and cutters without permission of new owner of An Honest Pie, Inc. as this is property of aforementioned. All refrigeration and storage area will be a shared spaced with An Honest Pie, Inc. In the event that tenants choose to repair current nonworking refrigerator unit, said unit would be strictly used by Noah Palmer and Megan Buser. Tenants may be allowed to rearrange counter space in conjunction with approval of other tenant, An Honest Pie, Inc. 

Tenants will have the opportunity to create a garden behind the commercial kitchen. Tenants will provide the labor and the Owner will provide materials. Tenants will reap the fruit of their labors. Owner may help tend the garden and, with tenants approval, partake of bounty.  If agreeable to all parties, chickens may be kept on said property. All expenses of keeping chickens will be the Tenants responsibility. Owner to ensure the legality of having chickens within the city limits and abide my current laws around this issue. 

Tenants will be allowed 1 (one) parking space. All other vehicles to park on street.

Tenants will adhere to noise control. Typical operation hours will be from 7 am - 10 pm. If hours are needed outside of this range, will be arranged with Owner. Special attention to be adhered to noise level as it pertains to neighbors. No loud music allowed. 

Brenda Martin-Janssen to pay the following utilities: natural gas, water and garbage. There will a shared garbage can for both tenants to use. Should additional garbage service be needed, tenants will do so at their own expense. There will be 2 recycling  bins available for kitchen tenants.

The Owner, Brenda Martin-Janssen, agrees to keep current Nevada County Environmental Health permit current. A copy of said permit will be given to all tenants. 

The Owner will provide continued pest control. 

The Owner retains the right to increase the monthly utility payment should the Owner notice an increase in current usage. 

In the event that either party wishes to terminate this Agreement  30 day notice will be given upon renewal date of lease (by February 1, 2021).

 

Except as otherwise provided in this Agreement, the obligations of the Customer will
terminate upon the earlier of the Owner ceasing to be engaged by the Customer or the
termination of this Agreement by the Customer or Owner.

Performance
The parties agree to do everything necessary to ensure that the terms of this Agreement
take effect.

Compensation
For the services rendered by the Owner as required by this Agreement, the Customer will
pay to the Owner compensation as outlined in the Kitchen Rental Rates.
A refundable security deposit of $600.00 is required prior to rental of kitchen, dated no later than February 29, 2020.
The Owner is entitled to deduct from the Customers Deposit any applicable deductions
for non-payment or damage to equipment. Charges for cleaning may include $100.00 for each
used area in Kitchen not left clean at the end of lease agreement.  Including, but not limited to the
following: Reach-ins, Range, Convection Oven, Dish Washer, Stainless Steel Tables,
Surrounding Floors, Storage areas, & Bathrooms. Customer is responsible for loss or damage to
said property, equipment, and supplies.

Confidentiality
Confidentiality will end with this Agreement.

Ownership of Materials
All materials developed, produced, or in the process of being so under this Agreement,
will be the property of the Customer. The use of the mentioned materials by the Customer will
not be restricted in any manner.
The Owner is not responsible for damage to said materials while the Customer is
Renting space in said Kitchen. The Owner is also not responsible for injury to said parties while
Renting said Kitchen or any other party.
The Customer is responsible for providing their own cooking supplies and cleaning materials.

Assignment
The Customer will not voluntarily or by operation of law assign or otherwise
transfer its obligations under this Agreement without the prior written consent of
the Owner.

Capacity/Independent Contractor
It is expressly agreed that the Customer is acting as an independent contractor and
not as an employee in providing the Services under this Agreement. The Customer
and the Owner acknowledge that this Agreement does not create a partnership
or joint venture between them, and is exclusively a contract for service.

Modification of Agreement
Any amendment of modification of this Agreement or additional obligation
assumed by either party in connection with this Agreement will only be binding if
evidenced in writing signed by each party or an authorized representative of each
party.

Notice
All notices, requests, demands or other communications required or permitted by
the terms of this Agreement will be given in writing and delivered to the parties of
this Agreement as follows:
 
Brenda Janssen, 665 S Auburn Street, Grass Valley, CA  95945 
Cell Phone Number: 530-990-1303 
Email: [email protected]
Or to such address as to which any Party may from time to time notify the
other.

Costs and Legal Expenses
In the event that legal action is brought to enforce or interpret any term of this
Agreement, the prevailing party will be entitled to recover, in addition to any other damages or
award, all reasonable legal costs and fees associated with the action.
Time of the Essence
Time of this essence in this Agreement. No extension or variation of this Agreement will
operate as a waiver of this provision.


Entire Agreement
It is agreed that there is no representation, warranty, collateral agreement or
condition affecting this Agreement except as expressly provided in this Agreement.

Limitation of Liability
It is understood and agreed that the Owner will have no liability to the Customer any other party for loss or damage (whether direct, indirect, or consequential) which may arise from the Rental of said Kitchen. 

The Customer is liable for loss or damage to equipment, personnel and property
while under this agreement.

Identification
The Customer will indemnify and hold the Owner harmless from any claims
against the Owner by any other party, arising directly or indirectly out of the Rental of said
Kitchen.

Governing Law
It is the intention of the parties to this Agreement that this Agreement and the
performance under this Agreement, and all suits and special proceedings under this Agreement,
be construed in accordance with and governed, to the exclusion of the law of any other forum, by
the laws of the State of California, without regard to the jurisdiction in which any action or special
proceeding may be instituted.


Dispute Resolution
In the event an dispute arises out of or in connection with this Agreement the
parties will attempt to resolve the dispute through friendly consultation.
If the dispute is not resolved within a reasonable period then any or all outstanding issues
may be submitted to mediation in accordance with any statutory rules of mediation. If mediation
is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be
submitted to final and binding arbitration in accordance with the laws of the Sate of California.The
arbitrator’s award will be final, and the judgment may be entered upon it by any court having
jurisdiction within the State of California.

Severability
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement. 

Waiver
The waiver by either party of a breach, default, delay or omission of any of the
provisions of this Agreement by the other party will not be construed as a waiver
of any subsequent breach of the same or other provisions.

In Witness Whereof the parties have duly executed this Kitchen Rental Agreement
this
February 23, 2020

Noah Palmer - Customer

Megan Buser - Customer

Signed : ________________________________
Signed : ________________________________

Brenda Martin-Janssen - Owner

Signed : ________________________________
Signed : ________________________________

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