Commercial Kitchen Rental Agreement - February 25, 2019

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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 4464 Broadview Road, Cleveland, OH 44109 dated this 13th day
of February, 2019.

Between


Becky Rink of Mission Soup & Sweets, LLC.

-AND-

Old Brooklyn Cheese Company, LLC of 4464 Broadview Road, Cleveland, OH 44109


Background:

A. Old Brooklyn Cheese Company is of the opinion that Mission Soup & Sweets has the necessary qualifications,
licenses, Food Safety Certifications, and abilities to provide documentation to Old Brooklyn Cheese Company. 

Liability Insurance is required by all parties working in the kitchen,and needs to have a
rider of additional insured for Old Brooklyn Cheese Company, LLC established before use of kitchen.

B. Mission Soup & Sweets is agreeable to providing such documentation to Old Brooklyn Cheese Company 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

Old Brooklyn Cheese Company herby agrees to rent said Kitchen to Mission Soup & Sweets for a daily rate, which
includes set up and clean up time. Mission Soup & Sweets must keep all areas clean, check stock for
current dates & rotate. No expired dates allowed on said premises. No Smoking, drugs or
Alcohol is allowed on premises.

Term of Agreement
The term of this Agreement will begin on the date of this Agreement and will
continue indefinitely until terminated as provided in this Agreement.
In the event that either party wishes to terminate this Agreement, that party will
be required to provide a notice period of 1 week.

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 Old Brooklyn Cheese Company as required by this Agreement, Mission Soup & Sweets will
pay to Old Brooklyn Cheese Company compensation as outlined in the Kitchen Rental Rates.

Daily Rate of $35/day, plus percentage of monthly electric and gas expenses. 

Monthly kitchen rental payment is due upon scheduling of days required in the kitchen per month in advance.

Monthly utilities payment will be reviewed by Old Brooklyn Cheese Company and Mission Soup & Sweets at the conclusion of the monthly utilities statement to determined the monthly percentage due for payment to Old Brooklyn Cheese Company.


A refundable security deposit of $250.00 is required prior to rental of kitchen, while this
agreement is in force. Deposit was received on the 13th of February, 2019.


Old Brooklyn Cheese Company is entitled to deduct from Mission Soup & Sweets Deposit any applicable deductions
for non-payment or damage to equipment and/or property. Charges for cleaning may include $25.00 for each
used area in Kitchen not left clean at the end of said use. Including, but not limited to the
following: Tilt skillet, Triple sinks, Food prep sink, Kitchen extractor hoods, Floor drain, Walls, Ceiling, 
Surrounding Floors, Storage areas, & Bathrooms. Customer is responsible for loss or damage to
said property, equipment, and supplies. Kitchen extractor hoods need to be switched off by 10:30 PM or when finished for the day. Security alarm needs to be armed and the front door locked when leaving for the day, if you are the last person working. 


Cancellation
Once you have booked kitchen time you are responsible for paying for those days and
no refund will be given for unused days. While we understand that things come up, but we have
committed those kitchen days to you and expect follow through on your financial commitment
with the Kitchen.

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 Mission Soup & Sweets. The use of the mentioned materials by Mission Soups & Sweets will
not be restricted in any manner.
Old Brooklyn Cheese Company is not responsible for damage to said materials while Mission Soup & Sweets is
Renting space in said Kitchen. Old Brooklyn Cheese Company is also not responsible for injury to said parties while
Renting said Kitchen or any other party.
Mission Soup & Sweets is responsible for providing their own cooking supplies, cookware,
utensils, storage racks, & cleaning materials, except as provided by Old Brooklyn Cheese Company.


Return of Property
Upon the expiry or termination of this Agreement, Old Brooklyn Cheese Company will return to Mission Soup & Sweets
any property, documentation, records, or confidential information which is the property of Mission Soup & Sweets. Two front doors keys have been issued to Mission Soup & Sweets for access to the front door on the 13th of February, 2019.

Assignment
Mission Soup & Sweets will not voluntarily or by operation of law assign or otherwise
transfer its obligations under this Agreement without the prior written consent of Old Brooklyn Cheese Company.

Capacity/Independent Contractor
It is expressly agreed that Mission Soup & Sweets is acting as an independent contractor and
not as an employee in providing the Services under this Agreement. Mission Soup & Sweets
and Old Brooklyn Cheese Company 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:
a. Mission Soup & Sweets
3435 Long Road, Avon OH 44011
Phone Number:  440-281-7966                                                                                                                                                                                                        Email:  [email protected]                                                                                                                                                                                                     

b. Old Brooklyn Cheese Company, LLC
4464 Broadview Road, Cleveland, OH 44109 
Phone Number: 216-634-9955
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

or any other party for loss or damage (whether direct, indirect, or consequential)
which may arise from the Rental of said Kitchen.
Mission Soup & Sweets 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.

Enurement
This Agreement will enure to the benefit of and be binding on the parties and their
respective heirs, executors, administrators, successors and permitted assigns.

Currency
Except as otherwise provided in this Agreement, all monetary amounts referred to
in this Agreement are in United States dollars.

Titles/Headings
Headings are inserted for the convenience of the parties only and are not to be
considered when interpreting this Agreement.

Gender
Words in the singular mean and include the plural and vice versa. Words in the
masculine mean and include the feminine and vice versa.

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 Ohio, 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 Ohio. The
arbitrator’s award will be final, and the judgment may be entered upon it by any court having
jurisdiction within the State of Ohio.

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
_________ day of _____________, __________

Mission Soup & Sweets, LLC

Signed : ________________________________
Signed : ________________________________

Old Brooklyn Cheese Company, LLC

Signed : ________________________________
Signed : ________________________________

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