East End Incubator Kitchen Use Application Form

East End Incubator Kitchen Use Application Form
East End Incubator Kitchen provides 10 kitchen spaces in Orange County. The facility, which is explained in detail below, offers artisan food makers a place which they can call home. East End Incubator Kitchen is looking for commercial users that already have a food business or that have a viable, and stable, business idea. Admittance to East End Incubator Kitchen is a highly competitive process that takes into account many factors. Promising candidates will be interviewed by staff. Please fill out this form and email it to: info@4thstreetmarket.com and provide as many of the suggested attachments as you can. CONFIDENTIALITY POLICY
We have asked you to share some personal information. The information you share with us will remains strictly confidential (we will never identify you by name or share your personal information without your signed permission). I understand the confidentiality policy and hereby give permission to East End Incubator Kitchen staff to use my information for program evaluation and reporting purposes. ______________________ _______________________ Signature: Date: Attachments Requested
___ Proof of general liability insurance ___ Current Manager Food Handler Card ___ Proof of workers compensation insurance (if applicable) ___ Resume or Employment History ___ Letters of Recommendation (minimum of 3 from employers, clients, and/or people familiar with the business) ___ Other (examples: Please include anything relevant to your business including sample menus, marketing materials, press, etc.) Commercial User Contact Information
Business Name First Name Last Name Mailing Address Phone Number Fax Number Email Website Business and Business Planning
East End Incubator Kitchen would like to create a community of food businesses and in looking for commercial partners, East End Incubator Kitchen is particularly interested in their industry readiness and the soundness of their business principles. Please describe, briefly, your business; How many years have you been in business (this specific business)? Do you have a working business plan? ____ Yes ____ No (If no, please explain why not) How many employees work for your business? How do you expect your business to grow in the next 6 months? In the next year? Please list some former customers, or describe your target market. Food Industry Experience
Who is the person who will be doing the cooking? Does this person have professional food experience? ___ Yes ___ No Please describe: Does this person have culinary training? ___ Yes ___ No Please describe: Are you comfortable using commercial kitchen equipment? ____ Yes ___ No Are you comfortable cleaning and maintaining commercial kitchen equipment? ____ Yes ____ No Is there any specific equipment on East End Incubator Kitchen that you would need training on? Kitchen Use
Please describe how your product is prepared: What are your anticipated monthly kitchen use hours? What equipment will you be using? How many employees will be using the kitchen? What kind of equipment will you be bringing with you? Storage - Shipping
What are your storage needs? Do you have any additional off‐site storage? Do you have shipping/transportation needs? How will you fill them? Community Kitchen
Have you ever worked in a community kitchen or a shared‐use space before? Would you be willing to answer questions from East End Incubator Kitchen program participants about your experiences? I understand that this application does not imply acceptance into the East End Incubator Kitchen program, or acceptance as a commercial user. I also verify that the information provided is complete and accurate to the best of my knowledge. _________________________ ____________________________ ____________ Print Name Signature Date 4th STREET MARKET EAST END KITCHEN FACILITIES USE AGREEMENT This Facilities Use Agreement (the “Agreement”) is made and entered into by and between EAST END REALTY PARTNERS, LP, a California limited partnership dba 4th Street Market (“4th Street Market”), and ___________________________ (“User”), with reference to the following Recitals. RECITALS A. 4th Street Market operates a combination mini‐restaurant food court and related retail vendor facility known as 4th Street Market (the “Project”) located in a building owned by 4th Street Market at 201 E. 4th Street, Santa Ana, California (the “Building”). B. The 4th Street Market operation also includes an associated Incubator Kitchens program (consisting of 10 incubator kitchens) created for the purpose of encouraging the development of small businesses involved with the preparation and/or processing of food. 4th Street Market makes available and licenses to such small businesses the shared use of high quality commercial kitchen facilities (the “Facilities”), which are located as depicted on the Space Plan of 4th Street Market attached hereto as Exhibit A. C. User is a small business involved with the preparation and processing of food. 4th Street Market wishes to grant to User, and User wishes to obtain from 4th Street Market, a license and right to use the East End Kitchens facilities on a shared basis for the purpose of assisting User with User’s preparation or processing of food in connection with its business, all subject to the terms and conditions of this Agreement. TERMS OF THE AGREEMENT In consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Right to Use Facilities. 4th Street Market hereby grants to User, and User hereby accepts from 4th Street Market, a license for and right to use the Facilities, including, but not limited to, stoves, sinks, refrigerators, freezers, counters, individual storage areas and units, and such other facilities, equipment, and services as might be provided by 4th Street Market to User on a shared use basis with other Food Maker businesses of 4th Street Market (“Other Users”), all subject to the terms and conditions set forth in this Agreement and in the Incubator Kitchen Policy Guidebook attached hereto as Exhibit B (the “Guidebook”). User’s license rights shall extend to employees and agents of User reasonably necessary to the conduct of User’s business; provided, however, that no more than 3 individuals may occupy a single kitchen facility at one time (“Associated Personnel”). All use of the Facilities must be scheduled on‐line and paid for by credit card in accordance with procedures set forth in the Guidebook and in Paragraph 8 below. By executing this Agreement, User agrees to be bound by and to comply with all rules and policies set forth in the Guidebook. 2. Common Areas. The term "Common Areas" is defined as all areas and facilities outside the Facilities and within the Project that are provided and designated by 4th Street Market from time to time for the general non‐exclusive use of User and other tenants of the Project and their respective employees, suppliers, shippers, customers, contractors and invitees, including loading and unloading areas, trash areas, roadways, walkways, driveways and landscaped areas. Common Areas include public eating areas and bathrooms, unreserved loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways, and landscaped areas, and all interior access/egress ways within the Common Kitchen Facilities Use Agreement ‐ 1 ‐ Areas of the Building for their intended purpose. Subject to the provisions of Paragraph 10 relating to access, User shall have the right to use the designated, reserved Facilities and all Common Areas during User’s reservation times, as follows: (a) 4th Street Market grants to User, for the benefit of User and its Associated Personnel, suppliers, shippers, contractors, customers and invitees, during the term of this Agreement, the non‐exclusive right to use, in common with others entitled to such use, the Common Areas as they exist from time to time, subject to any rights, powers, and privileges reserved by 4th Street Market under the terms hereof or under the terms of any rules and regulations or restrictions governing the use of 4th Street Market. Under no circumstances shall the right herein granted to use the Common Areas be deemed to include the right to store any property, temporarily or permanently, in the Common Areas. (b) 4th Street Market or such other person(s) as it may appoint shall have the exclusive control and management of the Common Areas and deliveries and shall have the right, from time to time, to establish, modify, amend and enforce reasonable rules and regulations ("Rules and Regulations") for the management, safety, care, and cleanliness of the grounds, the parking and unloading of vehicles and the preservation of good order, as well as for the convenience of other occupants or tenants of the Building and the Project and their invitees. User agrees to abide by and conform to all such Rules and Regulations, and shall use its best efforts to cause its Associated Personnel, suppliers, shippers, customers, contractors and invitees to so abide and conform. 4th Street Market shall not be responsible to User for the non‐compliance with such Rules and Regulations by other tenants of the Project. A copy of the current Building Rules and Regulations is attached as Exhibit C. 3. Interference with Use by Others. User and the Associated Personnel shall follow all provisions of the Guidebook, as revised from time to time, relating to cooperation, courtesy and lack of disruptions in the use of the Facilities. User and the Associated Personnel shall not make any use of the Facilities that, in 4th Street Markets’ sole discretion, disrupts the orderly operation of the Facilities and/or use of the Facilities by Other Users who are authorized to do so. Behavior deemed disruptive by 4th Street Market may include, without limitation, the following: arguing; discourteous behavior; fighting or menacing; theft; conversion or unauthorized use of another’s property; repeated use of profanities; consumption of illegal drugs or alcohol; use of the Facilities under the influence of illegal drugs or alcohol; any behavior in violation of one or more of the provisions of the Guidebook; or any other behavior that might be disruptive of the orderly operation of the Facilities by 4th Street Market or by its Food Maker small businesses. User and the Associated Personnel shall diligently report to 4th Street Market any violations of the Guidebook and/or disruptive behavior by the Other Users, or any of them. 4. Inspections and Removal of Items. 4th Street Market hereby reserves, for itself and its authorized agents, and for all agencies of local, State or Federal government with jurisdiction over 4th Street Market and its operations, the right, at any time and without notice to User except as might be required by applicable law, to inspect all of the property belonging to User and/or the Associated Personnel present or stored at the Facilities, including any equipment, utensils, products, and supplies. The right to inspect described above shall extend to any private or semi‐private storage area or unit, whether or not independently secured by User or the Associated Personnel, the use of which has been granted to User by 4th Street Market. User shall provide 4th Street Market with a spare key to any locks used by User and/or the Associated Personnel to secure any such private or semi‐private storage area or unit. User shall fully cooperate with the conduct of such inspections. User hereby authorizes 4th Street Market to take such actions as might be necessary, in its sole discretion, to correct any unsatisfactory conditions discovered by such inspections and to remove and dispose of, at User’s sole cost and expense, any items of User posing a risk to the health and safety of the users of, or visitors to, the Facilities. User hereby waives any right to seek reimbursement for the value of any items of User so removed and/or disposed of by 4th Street Market. Kitchen Facilities Use Agreement ‐ 2 ‐ 5. Food Equipment Safety and Sanitation. Each person comprising User, and all persons comprising the Associated Personnel who shall be making use of the Facilities for or on behalf of User, shall be required to complete a course regarding the safe and sanitary use of the Facilities, including food and equipment, known as the “Food Safety Manager’s Certification.” User shall at all times maintain proper food handling and safe use of the equipment comprising the Facilities in compliance with applicable provisions of the Guidebook, this Agreement, and applicable law, including the safety and sanitation course described in this Paragraph 5. 6. Permits and Licenses. User, so long as it and/or the Associated Personnel continue to use the Facilities, shall maintain in good standing all permits, licenses, and other regulatory permits that might be required for the conduct of User’s food preparation and/or processing business and for User’s lawful use of the Facilities, including, without limitation, any required business license, sales tax license, seller’s permit, and/or food processing registration. User shall maintain at the Facilities, and present for 4th Street Market inspection upon request, a current Food Safety Manager’s Certificate or a Manager’s ServSafe Certificate covering all persons using the Facilities for or on behalf of User. User, to the fullest extent permitted by law, shall indemnify 4th Street Market for, and hold it harmless against, any damages suffered by 4th Street Market as a result of User’s failure to comply with the provisions of this Paragraph 6. 7. Fees and Security Deposit. In consideration of the right to use the Facilities in accordance with the provisions of this Agreement, User shall pay 4th Street Market the following fees: (a) A refundable security deposit in the amount of Two Hundred Fifty Dollars ($250.00) (the “Security Deposit”) to cover damages that might result from User’s use of the Facilities, payable concurrently with the execution of this Agreement. (b) Hourly Rate: □ ______ per hour □ Other (c) A cleaning fee in the amount of Thirty Dollars ($30.00) per hour for the time required to clean and organize User’s working area following User’s use of the Facilities in the event 4th Street Market determines, in its sole discretion, that User’s working area requires professional cleaning. The cleaning fee shall be charged as required the same time and in the same manner as the usage fees. Fees payable hereunder may be changed from time to time by 4th Street Market upon thirty (30) days’ prior written notice. All fees payable hereunder, including rental for separate storage unit space, shall be paid by User monthly in advance via credit card authorization and automatic debit, with such authorization for 4th Street Market to assess future charges to User’s account to be executed and delivered concurrently with the execution of this Agreement and in accordance with the Guidebook. 8. Scheduling. User shall schedule time for use of the Facilities or specialized equipment in accordance with applicable provisions of the Guidebook. Unless expressly waived by Management, use of kitchens is limited to 4‐hour minimum time slots. 4th Street Market shall exercise its reasonable good faith efforts to provide access for User’s use of the Facilities at times so reserved and scheduled by User. However, 4th Street Market shall retain the right, in its sole discretion, to determine that all or a part of the Facilities should be closed for cleaning, repairs, alterations, inspections, public safety reasons, for special events, or for any other reason deemed by 4th Street Market to require the temporary closing of all or a part of the Facilities. In the event the Facilities have been closed at a time duly reserved and scheduled by User for its use, User shall accept and comply with any such closing and shall have no recourse of any kind against 4th Street Market for any claims, damages, or losses caused by the closure of the Facilities at the reserved and scheduled time. 4th Street Market shall exercise reasonable good faith efforts to accommodate User by making the Facilities available for use for the reserved number of hours after the same have been reopened for use. Notwithstanding any other provision of this Kitchen Facilities Use Agreement ‐ 3 ‐ Agreement, 4th Street Market reserves to itself the sole right to determine the availability and suitability for use of the Facilities. 9. Facilities Provided “As Is”. The Facilities, including all portions thereof and all equipment provided for User’s use, are provided “As Is.” 4th Street Market makes no representations, warranties, or guarantees, express or implied, including without limitation, any warranty of merchantability or of fitness for a particular purpose, relating to the Facilities or to User’s use thereof. 10. Access; Sign‐In. User and the Associated Personnel shall enter and exit the Facilities by use of the Spurgeon Street entrance or the door located in East End Kitchens. All persons using the Facilities on behalf of User shall use a sign‐in sheet or similar method provided by 4th Street Market to log their entrance to and exit from the Facilities. User shall take whatever action may be necessary to insure that its employees and other Associated Personnel strictly comply with the provisions of this Paragraph 10. The Project includes no parking areas within the Common Areas and User and User’s employees, agents, customers and invitees must utilize off‐site private or public parking, including curbside parking as well as the City parking garage located adjacent to the Project. 11. Use of Equipment. Subject to the provisions of Paragraph 8 of this Agreement, 4th Street Market makes no guarantee or representation that any particular equipment located outside of their designated space in the Facilities will be available for User’s use at any particular time. User shall obtain instruction for each person using the Facilities for or on behalf of User in the safe use and proper cleaning of all such equipment. User and the Associated Personnel will refrain from operating any equipment located in the Facilities without having first obtained such instruction. User shall be responsible for any damage, injury, or loss, including personal injury and property damage, resulting from the improper use or cleaning of any equipment comprising the Facilities by User and/or the Associated Personnel. 12. Reporting of Injuries and Damage. User shall immediately notify 4th Street Market of the following: (a) any injuries requiring medical attention; (b) any damage to or malfunction of the equipment located in the Facilities; and (c) any other condition that may affect the safe and orderly operation of the Facilities. 13. Cleaning. After each use, and prior to User’s departure, User will restore to a clean and sanitary condition any portion of the Facilities used by User, including, without limitation, any floors, sinks, equipment, pots, pans, utensils, storage areas, work surfaces, and the like. User agrees it shall be charged the amount of $30.00 per hour (1 hour minimum) for any cleanup required to be performed by 4th Street Market to bring the Facilities to a clean and sanitary condition, as determined in the sole discretion of 4th Street Market. 4th Street Market shall have the right to remove any items of personal property stored at the Facilities by User, including any items stored in any private or semi‐private storage areas or units, if doing so is necessary, as determined in 4th Street Market’s sole discretion, for purposes of maintaining the health and safety of personnel present at the Facilities. 14. Deliveries. Deliveries for User shall be made utilizing the loading zone on Spurgeon Street between 4th and 5th Streets. 4th Street Market may regulate the loading and unloading of vehicles by adopting Rules and Regulations as provided in Paragraph 2(b), and User shall provide services in connection with receipt of deliveries as set forth in such Rules and Regulations. User shall bear sole responsibility for damage or loss to, and the fitness for a particular purpose of, any items of personal property delivered to the Facilities for or at the request of User, including, without limitation, supplies and equipment required for the conduct of User’s food preparation or processing business. In the event 4th Street Market, by prior arrangement with User, agrees to accept delivery of any such items or equipment for or on behalf of User, 4th Street Market shall not be responsible in any way for the condition of the items or equipment so accepted. 4th Street Market reserves the right to refuse to accept delivery of, and/or to require the immediate removal from the Facilities of, any items of personal property, including supplies and Kitchen Facilities Use Agreement ‐ 4 ‐ equipment, that appear, in 4th Street Market’s sole discretion, to be defective, spoiled, or otherwise unsatisfactory for their intended use by User. 15. Insurance. (a) Commencing within fourteen (14) days after execution of this Agreement and continuing throughout the entire term of this Agreement, including any extension thereof, User shall at User’s sole cost and expense procure and maintain in full force and effect an insurance policy or policies protecting User and 4th Street Market and their respective directors, officers, and employees, against any loss, liability, or expense whatsoever from personal injury, theft, death, property damage, or otherwise, arising out of, or occurring upon or in connection with, User’s business and use of the Facilities pursuant to this Agreement, or by reason of User’s and/or the Associated Personnel’s use of the business premises comprising the Facilities. The insurance required by this Paragraph 15(a) shall expressly cover claims based on product liability, property damage, and personal injury. 4th Street Market shall be named as an additional insured in such policy or policies of insurance and User shall execute a waiver of subrogation in favor of 4th Street Market. Such policy or policies of insurance shall be written by an insurance company acceptable to 4th Street Market and shall include general liability coverage of One Million Dollars ($1,000,000) per incident, together with such other coverage as may be required by law in the State of California. The insurance afforded by the policy or policies of insurance described above shall not be limited in any way by reason of any insurance that may be maintained by 4th Street Market. No later than ten (10) days from the day that the parties execute this Agreement, User shall furnish to 4th Street Market evidence showing compliance with the provisions of this Paragraph 15(a). Evidence of insurance shall include a statement that the policy or policies may not be cancelled or altered without at least thirty (30) days’ prior written notice to 4th Street Market. User shall, throughout the term of this Agreement and any extension thereof, provide 4th Street Market with such information as it may request from time to time regarding the insurance required by the provisions of this Paragraph 15(a). (b) User may at its election and at User’s sole cost and expense, procure and maintain in full force and effect an insurance policy or policies protecting User and 4th Street Market against damage to, or loss of, User’s personal property present at the Facilities, including all of User’s equipment and supplies. If User elects to procure such insurance, the insurance shall expressly cover claims based on fire, burglary, and vandalism, and 4th Street Market shall be named as an additional insured and User shall execute a waiver of subrogation in favor of 4th Street Market. Such policy of insurance shall be written by an insurance company acceptable to 4th Street Market and shall include minimum coverage of One Million Dollars ($1,000,000). Evidence of insurance shall include a statement that the policy or policies may not be cancelled or altered without at least thirty (30) days’ prior written notice to 4th Street Market. User shall, throughout the term of this Agreement and any extension thereof, provide 4th Street Market with such information as it may request from time to time regarding the insurance referenced in this Paragraph 15(b). The insurance described in this Paragraph 15(b) regarding User’s personal property present at the Facilities is the only insurance that is not mandatorily required; whereas the requirements for the insurance described in Paragraphs 15(a) and 15(c) in connection with obtaining Workers’ Compensation, product liability, property damage and personal injury coverage are mandatory. (c) User shall at User’s sole cost and expense, procure and maintain in full force and effect Workers’ Compensation insurance in an amount that complies with statutory limits in the State of California for all personnel using the Facilities for or on behalf of User who are employees of User. User shall pay, and be solely responsible for the payment of, all social security, Federal, and State unemployment taxes, and any similar payroll taxes relating to such employees. User shall for all purposes, be considered an independent contractor, and will not, directly or indirectly, act as an agent, servant, or employee of 4th Street Market, or make any commitments or incur any liabilities Kitchen Facilities Use Agreement ‐ 5 ‐ on behalf of 4th Street Market without first having obtained 4th Street Market’s express written consent. User shall, throughout the term of this Agreement and any extension term thereof, provide 4th Street Market with such information as it might request from time to time regarding the Worker’s Compensation insurance required by the provisions of this Paragraph 15(c). 16. Default and Termination. (a) This Agreement shall be terminated: (a) upon the expiration of the term hereof and any extension term, if not renewed by mutual agreement by the parties; (b) by either party on 30 days prior written notice to the other; and/or (c) if destruction has rendered the Facilities substantially unfit for use by User for purposes of this Agreement. (b) The following shall constitute an event of default under this Agreement: (1). Failure by User to perform a duty or obligation arising under the provisions of Paragraphs 3, 4, 5, 6, 10, 11, 13 or 15 of this Agreement; and/or (2). Failure by User to perform any material duty or obligation arising under the provisions of this Agreement that is not otherwise listed in Paragraph 15(b) (1), above. (c) In the event of the occurrence of an event of default caused by an act or omission of User: (1). Termination will be effective thirty (30) days after written notice of default is given to User by 4th Street Market if the event of default complained of in the notice has arisen under the provisions of Paragraph 16(b)(2), above. (2). Termination will be effective immediately upon written notice of default from 4th Street Market to User if any default arising under the provisions of Paragraphs 3, 4, 5, 6, 10, 11, 13 or 15 of this Agreement has occurred and has not been cured by User to the complete satisfaction of 4th Street Market Partners within such time as is set forth in that notice of default. (d) Upon termination of this Agreement for any reason User shall pay to 4th Street Market all unpaid amounts that User might be obligated to pay pursuant to the provisions of this Agreement and shall be credited for any unused but paid‐for time reserved and scheduled for use of the Facilities. User shall also remove all of its items of personal property, including supplies and equipment, from the Facilities (and from any separately rented storage unit), and shall leave the portions of the Facilities used by User in clean, sanitary, and orderly condition, ordinary wear and tear excepted. 17. Limitation on Liability. 4TH STREET MARKET SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF 4TH STREET MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING. 4TH STREET MARKET’S LIABILITY FOR DAMAGES SHALL NOT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY USER FOR USE OF THE FACILITIES AND/OR OTHERWISE PURSUANT TO THE PROVISIONS OF THIS AGREEMENT. 4TH STREET MARKET MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES RENDERED AND THE FACILITIES PROVIDED FOR USERS’S USE UNDER THE PROVISIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 18. Release; Indemnity. (a) Except for the willful or grossly negligent acts or omissions of 4th Street Market or its agents or employees, User shall, to the fullest extent permitted by law, defend, indemnify, and hold 4th Street Market harmless from and against any and all claims, losses, actions, damages, liabilities, and expenses (including reasonable attorney’s fees) that: (i) Arise from or in connection with User’s use, maintenance, or control of the Facilities, or any portion of the Facilities; Kitchen Facilities Use Agreement ‐ 6 ‐ (ii) Arise from or in connection with any willful or negligent act or omission of User, the Associated Personnel, or any of their respective agents, employees, guests, service providers, creditors, or invitees; (iii) Result from any default, breach, violation, or nonperformance of User arising under the provisions of this Agreement; and/or (iv) Arise from injury or death to persons or damage to property sustained on or about the Facilities or the Building. (b) User’s obligations under Paragraph 18 (a) above specifically extend to any actions, orders, penalties, or enforcement procedures brought by or on behalf of any governmental agency or unit in connection with the personal property of User, including equipment and materials, stored or otherwise present at the Facilities. User’s obligations to indemnify 4th Street Market under the provisions of Paragraph 17(a) hereof shall survive the termination of this Agreement. (c) User on behalf of User and the Associated Personnel, now and forever releases and discharges 4th Street Market and its attorneys, insurers, brokers, principals, officers, directors, partners, agents, employees and contractors, and whoever else may be liable, from any and all claims, liabilities, damages, and causes of action of any nature, including, but not limited to, those for personal injury, death, and/or property damage, that in any manner arise from or are related to User’s use of the Facilities pursuant to the provisions of this Agreement. (d) The release provided by User under the provisions of Paragraph 18(c) above extends to and includes any and all claims, liabilities, injuries, damages, and causes of action that the parties do not presently anticipate, know, or suspect to exist, but which may develop, accrue, or be discovered in the future. USER EXPRESSLY WAIVES ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. 19. Entire Agreement. This Agreement (including all exhibits) constitutes the entire agreement of the parties with respect to the subject matter of this Agreement, and shall not be modified or amended in any respect except by a written instrument executed by User and 4th Street Market. This Agreement replaces and supersedes all prior written or oral agreements by and between the parties to this Agreement. 20. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. 21. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. 22. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable, that provision shall be deemed to be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect. 23. Assignment. Except for transfer of unused hours in accordance with the requirements of the Guidebook, the license and use rights granted to User hereunder are personal to User and may not be transferred or assigned without the prior written consent of 4th Street Market, which consent may be granted or withheld in the sole discretion of 4th Street Market. 24. Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the parties and their heirs, personal representatives, and permitted successors and assigns. Kitchen Facilities Use Agreement ‐ 7 ‐ 25. Benefit of the Parties. This Agreement is made solely for the benefit of the parties to this Agreement and their respective permitted successors and assigns, and no other person or entity shall have or acquire any rights by virtue of this Agreement. 26. Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, by first‐class mail, registered or certified, postage prepaid, or nationally known overnight courier and properly addressed to that party at its address set forth on the signature page of this Agreement, or any other address that either party may designate by written notice to the other. 27. Modification. Except as provided in Paragraphs 3 and 7 of this Agreement relating to changes to the Guidebook and to service rates charged by 4th Street Market to User, this Agreement may not be modified except by a writing signed by each of the parties. 28. Advice of Counsel. Each party to this Agreement warrants that that party has had the opportunity to consult with an attorney of that party’s own choosing regarding the provisions of this Agreement. 29. Interpretation. This Agreement shall not be construed against any party because that party or that party’s attorney drafted any of its provisions. 30. Cancellation Policy. Notice of cancellation given prior to 72 hours of reservation time for Food Maker kitchen use will be at no charge to Food Maker. Notice of cancellation given less than 72 hours but at least 48 hours prior to reservation time shall result in a 25% cancellation penalty; notice of cancellation given less than 48 hours but at least 24 hours prior to reservation time shall result in a 50% cancellation penalty; and if no notice of cancellation is given within 24 hours prior to reservation time, User will be charged at the full hourly rate agreed upon with no refund. Signatures on Next Page Kitchen Facilities Use Agreement ‐ 8 ‐ IN WITNESS WHEREOF, the parties have executed this Agreement effective as of _____________________. 4TH STREET MARKET: EAST END REALTY PARTNERS, LP (dba 4th Street Market‐East End Kitchens) By: East End Realty Partners, LP Its: General Partner By:_______________________________ Name:____________________________ Title: _____________________________ Address: 129 W. Wilson St. ‐ Suite 100 Costa Mesa, CA 92627 USER: _______________________________ (Name of User) By:_______________________________ Name:____________________________ Title: _____________________________ Address: ________________________ ________________________ Exhibits: My initials indicate I have received, read and understood the following exhibits and their appendices. A. Space Plan ________ B. Policy Guidebook ________ C. Rules and Regulations ________ Kitchen Facilities Use Agreement ‐ 9 ‐ EXHIBIT A SPACE PLAN th
4 Street Market (See Attached.) Kitchen Facilities Use Agreement EXHIBIT B Incubator Kitchens Policy Guidebook th
4 Street Market Food Makers are responsible for learning and complying with all content set forth herein, for educating all employees and other kitchen users as to such content, and for strict adherence to the rules and policies contained herein. By signing its Facilities Use Agreement to obtain licensed rights for use of a reserved Incubator or Demonstration Kitchen, each Food Maker agrees to be bound and to abide by the provisions of this Guidebook. Registration as a Food Maker and all Facilities Reservations are made at our on‐line reservation system. Upon approval, the Food Maker will receive log‐on instructions. Food Maker Reservations Once you receive the confirmation e‐mail with your booking login information you will have access to the full Reservation Calendar where you can reserve hours in any kitchen up to 60 days in advance. Unless expressly waived by Management, use of kitchens is limited to 4‐hour minimum time slots. Security Deposit; Credit Card Payments A deposit of $250 must be maintained throughout tenure as a Food Maker. A valid credit card must be placed on file prior to the onset of your first reservation. To validate the card, we process payment for your first reservation to this card. We will continue to charge exactly one hour each month to your card to ensure that it remains in good standing. You can use this hour at any time during the month provided the Facilities not temporarily closed. If at any time the card that you have on file does not accept our charges, your kitchen access will be suspended by disabling your access code. All attempts made thereafter to access our kitchens shall be considered trespassing and any removal of property shall be considered theft and the proper authorities will be alerted. We will make reasonable good faith attempts to notify you prior to suspending your access. Payment The number of hours that you book at any time will determine your rate. Discounts will not be credited retroactively. Payment for the entire balance of the reservation is due, in full, at the time of booking. Booking attempts that are not paid will be automatically cancelled. You will only be notified of this cancellation via email. Proceeding with a reservation that is not fully booked and paid for will result in fines and likely, a facility ban. Prepaid Hours We offer Food Makers the ability to purchase prepaid hours for the month at a discounted rate. The rates are based on MONTHLY usage. Hours will automatically be removed from your account after 30 days. If you were unable to use your prepaid hours due to unexpected circumstances beyond your control, please contact management prior to expiration of the 30 days to request that your balance be transferred to the appropriate rate. Kitchen Facilities Use Agreement ‐ 1 ‐ Long‐Term Commitments (Contract Food Makers) Food Makers who have been with the East End Kitchens Program for over six weeks and demonstrate a need for a long‐term commitment may apply to the Contract Food Maker program, which offers additional discounts and benefits. Contact Management. Facility Access Our Building Access System allows all active Food Makers to have a scan card for building access. An active Food Maker is any Food Maker who is in good standing with East End Kitchens with current paperwork (permits, insurance, etc.), has completed its first reservation introductory session and is continuing to reserve at least 10 hours per month. If your scan card is suspended by reason of failure to pay, failure to abide by policies or for another infraction, you will be notified via e‐mail. The security of your scan card is YOUR responsibility so please guard it safely. Your access to the building is tracked on our system each time your scan card is swiped. If anyone other than you needs access to your scan card, you must notify management via email and register their name(s), since use of your scan by anyone who is not on file with management will automatically suspend your scan card, kitchen access and entire account, and will result in a $50 fine. If you lose your scan card and require another card, there will be a $10 charge. Overtime Use Food Makers are expected to finish work and clean the kitchen within their reserved slot. If you remain in the kitchen, or the kitchen has not been cleaned and restored in accordance with the requirements of the Departure Checklist (see below) prior to the end of your reservation period, you will be billed for the next hour at the highest rate. Reservation Cancellations East End Kitchens maintains a strict cancellation policy to ensure that maximum kitchen time is available to all Food Makers. Reservations may be cancelled at no charge up to 72 hours in advance. For cancellations made less than 72 hours but at least 48 hours in advance, a 25% cancellation fee will be charged; for cancellations made less than 48 hours but at least 24 hours in advance, a 50% cancellation fee will be charged; and if cancellation is not made at least 24 in advance, no refund will be made. All cancellations must be processed online; cancellation by phone is not permitted. Repair Closures East End Kitchens and its landlord, East End Realty Partners ,LP, reserve the right to close the kitchens and/or the 4th Street Market facility for repairs by exercising good faith efforts to deliver up to 48 hours’ on‐line notice to Food Makers holding reservations (except in emergencies, where no prior notice shall be required). Regardless of the cancellation of pending accepted reservations or the absence of notice of closure, Food Makers shall accept such closures for repairs and full refunds will be issued to Food Makers affected thereby. Holiday and Event Closures In addition, East End Kitchens and its landlord reserve the right to close the kitchens and/or the 4th Street Market facility for major holidays, for up to 12 special events sponsored or approved by landlord per year, and for up to 6 other non‐holidays per year, in each case upon not less than 30 days’ prior written notice to all Users and facilities users. Food Makers will receive full refunds for kitchen reservations canceled as a result of such closures. Transfers Unused hours may be transferred to an existing East End Kitchens Food Maker if you are unable to use your reserved hours within the 30‐day period. Contact Management, if necessary, for contact information of other existing Food Makers. Kitchen Facilities Use Agreement ‐ 2 ‐ Storage Storage is available based on membership tier and availability, and is typically priced within the $10 to $100/month range for a shelf unit in dry storage versus a shelf in the cooler or freezer. When not in use, units must be must be locked with contents stored and labeled properly. A single shelving unit in both the cooler and freezer will be designated for day‐use only so that you may store items during your reservation or in between deliveries and allocations. All items left on day‐use shelves are subject to being discarded at management’s discretion. All stored food must meet Orange County Health Department sanitation standards. Any items that do not comply with OCHD standards will be discarded immediately and a fine will be assessed. East End Kitchens is not responsible for any equipment, food or items left at the kitchens. In the event of a power outage, East End Kitchens shall be responsible for reimbursing Food Makers for any loss by spoilage of inventory stored in cooler or freezer areas; provided, however, that such reimbursement obligation shall not exceed 50% the Food Maker’s user fees paid during the month in which the loss occurred. Designated Areas; Shared Areas; Shared Equipment Shared Areas are any area outside your reserved kitchen, including but not limited to the scullery, pantry and walk‐ins. Even though each kitchen is fully equipped with items for your exclusive use during your reservation, we also provide Shared Equipment items to be kept in the central prep and cleaning area that you may also use during your reservation. We do not guarantee that such equipment will be available. Please return cleaned shared equipment to its place immediately after use to ensure that everyone has equal access to such items. Unauthorized use of the Shared Areas for prep, production, etc. will result in fines. Individual Stations Your reservation is for an individual station. At no time may any individual Food Maker use equipment or space in a kitchen outside their specific reservation. No food may be prepared or packaged outside your reserved kitchen during your reserved time slot. Unless expressly approved by Management, no more than 3 individuals may occupy and use an individual station at one time, and only so long as that number of occupants does not disrupt or infringe upon the use of adjacent stations. Included in Kitchen Rental All equipment and items included in your kitchen rental are listed in detail in Appendix A. Deliveries All loading and unloading of deliveries is done through the entrance on Spurgeon Street utilizing the Commercial Loading Zone on Spurgeon Street between 4th and 5th Streets. At no time shall any Food Maker use the entrance to 4th Street Market for loading and unloading, and unauthorized use of such entrance will result in fines. You must move your vehicle immediately after unloading or risk being towed. East End Kitchens is not responsible for vehicles left unattended. Management reserves the right to change the location for deliveries. Delivery Assistance East End Kitchens shall provide assistance for receiving deliveries by making available a manager level food handler with CCDEH card, certified by the California Conference of Directors of Environmental Health. Receiving Station Due to limited space in operational kitchen areas and access points to the Building, East End Kitchens will
provide a loading dock and receiving station (“RS”) as described in the Building Rules and Regulations.
Kitchen Facilities Use Agreement ‐ 3 ‐ Parking The Project includes no parking areas within the Common Areas and User and User’s employees, agents, customers and invitees must utilize off‐site private or public parking, including curbside parking as well as the City parking garage located adjacent to the Project. Deliveries for User shall be made utilizing the loading zone on Spurgeon Street between 4th and 5th Streets. Lessor may regulate the loading and unloading of vehicles by adopting Rules and Regulations as provided in Paragraph 2.6.3, and Lessor shall provide services in connection with receipt of deliveries as set forth in such Rules and Regulations. Kitchen Use and Cleaning Food Makers are expected to keep the kitchen facility in a clean, professional state at all times and must follow proper sanitation requirements. Failure to abide by such policies will result in fines and/or loss of kitchen privileges. Please note that any fines or expenses incurred by or imposed upon East End Kitchens as a direct result of a Food Maker failing to abide by required policies will be charged to such Food Maker. Failure to abide by any of the cleaning policies below will result in an automatic $50 minimum fine. Severe violations may result in temporary probation and/or a facility ban. In the event of probation or ban, all reservations made by such Food Maker will be immediately cancelled and subject to the normal cancellation fines as detailed in Appendix B. Please report to Management any violations that you may see of the requirements of Departure Checklist (see below). Supplies East End Kitchens shall provide cleaning supplies necessary to clean and sanitize your kitchen, including a mop and mop bucket. Dish Washing All dish washing must take place in the designated three‐compartment sink. All dishes must be scraped into the trashcans prior to being placed in sinks. Food scraps shall never, at any time, be placed in the sinks. Never, on any occasion, shall dishes be rinsed or washed in any of the hand sinks or prep sinks. Food Makers shall be responsible for damage or breakage of moveable, non‐attached equipment or utensils provided within kitchens or for shared use. Equipment Cleaning Wipe down all equipment used at the end of your shift. For equipment that disassembles into smaller parts such as mixers, you must wash removable parts in the 3 compartment sink. Stove burners that are heavily soiled or have been covered with burnt and difficult to remove residue must be removed from the stove and washed. East End Kitchens maintains a zero tolerance for any food scraps left on equipment. Clean Tables and Floors Food Makers are expected to clean the tables, counters and floors in their reserved kitchen. Wipe down all counters, tables, sinks and equipment. Food Makers are responsible for keeping the floors in the shared areas of the facility clean as well. After each shift, Food Maker is responsible for sweeping their area, including under the equipment. While it is not required that you mop these floors, you must attend to any spills or stains and must mop up water that may cause unsafe and slippery conditions. Trash All trash must be placed in the appropriate trash bins at the end of your reservation. All liquids must be disposed of in the sinks and must never be placed in the trash. You will be fined for failure to take out your trash. Cardboard boxes must be broken down, flattened and placed in designated recycling area. Kitchen Facilities Use Agreement ‐ 4 ‐ Departure Checklist  All items moved during your reservation are returned to their designated place, including all Shared Equipment and trashcans.  All equipment has been turned off. Check each oven, burner and hoods.  All surfaces used have been wiped clean, ensuring that no traces of crumbs or any use can be found on surfaces including counters, burners, shelves and tables.  Floors have been swept and mopped, if necessary, ensuring that they are returned to their original state of cleanliness.  All sinks used are free of all traces of use.  All items that are your property are stored, according to policy, on designated shelves, or removed from the property. Bins are closed and locked.  All food stored on the day‐use shelves in the walk‐ins has been removed.  I did not use any space or equipment that was not included in my reservation.  I completed my reservation, including cleaning, and was not in the kitchen at the time that my reservation ended. If not, I indicate overtime. Monitoring Kitchens and Shared Areas shall be monitored by camera and periodically, including at changeover/departure times, by East End Kitchens’ personnel to confirm adherence to timing for reservation usage and compliance with the Departure Checklist requirements. Kitchen Facilities Use Agreement ‐ 5 ‐ Appendix A: Equipment Included in Reservations Main Kitchens The equipment listed is an overall list. Refer to each kitchen description in the reservation system for details. Stand Mixer ‐ 30 qt Refer/Prep Station Combi Steamer/Oven Freezer/Prep station Gas Convection Oven Shelving Speed Racks Hand Sink 3‐Compartment Sink 6‐Burner Range Convection Base Prep Sink Stock Burner Work Table Blast Chiller Tilt Kettle ‐ 12 gallon Convection Steamer Tilt Kettle ‐ 40 gallon Smoker (hot/cold) Gluten Free Kitchens This space is certified Gluten Free and will only be reserved by artisans producing gluten free products. The gluten free kitchens will undergo scheduled swab testing that will be submitted to an accredited lab to maintain certification. Work Table Refer/Prep Station Freezer/Prep station Stand Mixer ‐ 30 qt Shelving Combi Steamer/Oven Hand Sink Gas Convection Oven 3‐Compartment Sink Speed Racks Prep Sink 6‐Burner Range Convection Base Confectioner Kitchen Reserved for candy/confectioner/chocolate making/cake decorating. This space will be maintained at 70‐72°F. Work Table Hand Sink Induction Burner 3‐Compartment Refer/Prep Station Table Top Steam Kettle Freezer/Prep station Granite Counters Shelving Sink Prep Sink Each piece of equipment will have an agreement of maintenance, repair, care by 4th Street Market, but User will be solely responsible for any/all repairs or replacement if the equipment is abused by User or extraordinary wear and tear is found to result from User’s use of said equipment. 4th Street Market will be responsible for all routine preventive maintenance for all equipment provided as part of the East End Kitchens facility. Kitchen Facilities Use Agreement ‐ 6 ‐ Appendix B: Policy Violations and Schedule of Fines Failure to abide by any of the policies described above shall result in an immediate $50 minimum fine; provided however that unless the initial violation is egregious, Food Makers shall be given one warning before a fine will be imposed. East End Kitchens enforces a system of fines to insure that the facility is kept clean and in working order. You will receive a bill for all fines incurred, which will be charged to your deposit credit card. Unpaid fines are an integral part of balances due. In addition to the policies described above, we have listed below specific policy violations and their corresponding fines. This list is by no means inclusive. It is your responsibility to inform any Associated Personnel of the rules and related fine schedule. Policy violations resulting in a fine of not less than $50 include:  Use of scan card by unauthorized persons (only registered Food Makers are authorized persons)  Failure to return any equipment to its designated place after use, including all Shared Equipment, trash cans and cleaning equipment  Unauthorized use of the Shared Areas including use for preparation/packaging/eating  Food in storage not in compliance with County Health Code  Inappropriate items visible on kitchen surfaces such as shoes  Unauthorized use of the storefront entrance! Enter only through the back near the elevator or the small door off 4th Street  Cleaning violations, including but not limited to, traces of food remaining on reserved surfaces including floors and equipment, trash left in individual kitchen trash cans, placement of any trash in bin without a proper trash bag, inappropriate items left in recycling bins, liquids in trash bins, food scraps placed in sinks and failure to clean sinks  Failure to complete any of the items on the Departure Checklist  Items left anywhere outside of your reserved storage shelves after your reservation period has ended  Unauthorized use of areas that are not within the current reservation, including other kitchens, equipment designated to other kitchens and areas and/or equipment designated to event reservations only, results in a $50 fine in addition to the standard charge for the area in use. Overtime use will result in a fine in addition to being charged at the highest rate for the next hour used. Your kitchen must be clean and empty at the time your reservation ends. If you may need to book extra time, plan accordingly by bringing a smart phone or laptop to add to your reservation when necessary (subject to availability of reserved station). Any use of items that are not explicitly your property and are not being used with direct permission of the owner, or designated for shared use, will result in an immediate $150 fine. A kitchen ban will be enforced if more than three incidents of such unauthorized use take place.  Failure to turn off any equipment after use, including the vent hoods  Any violation of Orange County Health Code will result in a fine based on severity  Equipment failure due to any misuse or negligence will result in the Food Maker being billed for the total cost of the repair in addition to lost revenue for the corresponding kitchen during the entire time that such equipment is not fully functional  Theft will result in a lifetime facility ban in addition to prosecution to the highest extent of the law. Unauthorized consumption of food items or any other consumable is theft. Kitchen Facilities Use Agreement ‐ 1 ‐ EXHIBIT C Building Rules and Regulations 4th Street Market 1.
User and User's agents, employees and suppliers shall not in any way obstruct the sidewalks, doorways, entry passages, vestibules, pedestrian passageways, halls, stairways, driveways, entrances and exits to 4th Street Market, which shall be used only as passageways to, from and within the Premises. 2.
Any sash doors, sashes, windows, glass doors, lights and skylights that reflect or admit light into the Common Areas shall not be covered or obstructed by User. 3.
Toilets, urinals and wash basins shall not be used for any purpose other than those for which they were constructed, and no sweepings, rubbish, newspapers, food or other unsuitable materials shall be deposited in them. The expense of repairing any breakage, stoppage or damage (including damage to property of other tenants within the 4th Street Market) resulting from a violation of this Paragraph 3 shall be borne by User. 4.
User shall not mark, drive nails, screw or drill into, paint or in any way deface the exterior walls, roof, foundations, bearing walls or pillars without the prior written consent of Lessor. No boring or cutting for wires shall be allowed, except with the prior written consent of Lessor. 5.
If User desires window drop curtains in the show windows of the Premises, the same must be of such uniform shape, color, material and make as may be prescribed by Lessor and must be installed as directed by Lessor, and paid for by User. 6.
User shall not do anything in the Premises, or bring or keep anything therein, which will in any way increase or tend to increase the risk of fire or the premium rate of fire insurance or which shall conflict with the regulations of the local Fire Department or applicable laws or with any insurance policy on the Premises or any part thereof, or with any rules and regulations established by any administrative body or official having jurisdiction over the Premises. 7.
Lessor may limit weight, size and position of all safes, fixtures and other equipment or machinery used in the Premises. In the event User shall require extra heavy equipment or machinery, User shall notify Lessor of such fact and shall pay the cost of structural bracing to accommodate same. All damage done to the Premises or 4th Street Market by installing, removing or maintaining extra heavy equipment or machinery shall be repaired at the expense of User. 8.
User shall not use any machinery in the Premises, even though its installation may have been permitted by Lessor, which may cause any unreasonable noise or unreasonable shaking or tremor to the floors or walls, or which by its weight might injure the floors of the Premises. 9.
User and User's officers, agents and employees shall neither make nor permit any loud, unusual or improper noises, nor interfere in any way with other tenants of the Project or those having business with them, nor bring into nor keep within 4th Street Market any animal or bird, or any bicycle, automobile or other vehicle, except such vehicles as Lessor may from time to time permit. User and User's officers, agents and employees shall not throw or leave refuse or other substances or litter of any kind in or about the Project, except in receptacles placed therein for such purposes by Lessor or governmental authorities. 10.
All freight and other deliveries to the Premises must be moved into, within and out of the Premises only during such hours and according to such regulations as may be promulgated from time to time by Lessor. 11.
Due to limited space in operational kitchen areas in mini‐restaurants and other Users and limited access points to the Building, 4th Street Market provides a loading dock and receiving station (“RS”) to assist with deliveries for all Users (but not incubator kitchen users), in accordance with the following provisions. (a) Kitchen Facilities Use Agreement ‐ 1 ‐ The receiver will be responsible for receipt of all deliveries to 4th Street Market for all Users; provided, however, that delivered items that are out of the ordinary in size or weight may result in a request by the RS for assistance from the User. All Users must submit order forms to the RS in a clear and concise fashion no later than the evening prior to expected deliveries. The receiver will be trained in proper receipt and storage of all products entering the 4th Street Market storage facility. It will be the receiver's responsibility to separate deliveries according to order forms received from Users and place products in Users’ designated storage areas. If a User has no individual storage area within the supplemental storage facility, such User shall be responsible for picking up and removing its deliveries within 4 hours following notification from the RS that a delivery has been received. (b) It will be each User's responsibility to clean, organize and properly store products within their own individual storage areas. Users will be held to all CCDEH & HD standards within all premises, stations and individual storage areas utilized under their leases or user agreements. (c) All invoices will be placed with delivered orders. Any discrepancies with deliveries shall be handled on the day of delivery by the User and not by the receiver. The receiver assumes no responsibility for products delivered, and the parties ordering product for delivery to 4th Street Market assume 100% responsibility for all products delivered. (d) The receiver must have accurate phone contact information for each person(s) responsible for requested order deliveries. The receiver is only scheduled and responsible for deliveries until 12:00 noon Monday through Saturday. Users and incubator kitchen users are encouraged to receive their own product and are fully welcome at the RS whether or not the receiver is in attendance. (e) The receiving of deliveries at 4th Street Market in a quick and proper manner is an absolute must to ensure proper handling of products entering the property. The receiver is provided as a courtesy and shall be treated as such and shall not be abused in any fashion. 12.
No radio or television or other similar device shall be installed in the Premises without User first obtaining, in each instance, Lessor's prior written consent. No aerial shall be erected on the roof or exterior walls of the Premises or elsewhere in 4th Street Market without User, in each instance, obtaining the prior written consent of Lessor. Any aerial so installed without such written consent shall be subject to removal without notice at any time. 13.
At the end of each business day, all garbage, refuse or trash at the Premises shall be placed by the User in the receptacles provided by Lessor for that purpose. 14.
User shall not burn any trash or garbage at any time in or about the Premises or any area of the Project. 15.
User shall observe all security regulations issued by Lessor and comply with instructions and/or directions of the duly authorized security personnel for the protection of the Project and all tenants therein. 16.
Any request of User will only be considered upon written application to Lessor at Lessor's principal offices. 17.
No waiver of any rule or regulation by Lessor shall be effective unless expressed in writing and signed by Lessor. Unless expressly stated, no such waiver shall apply to any future violation of the rule or regulation so violated. 18.
Lessor does not discriminate because of sex, sexual orientation, race, color, religious creed, marital status, ancestry, or national origin; provided, however, that Lessor reserves the right to refuse service to anyone based on conduct that is threatening, violent, disruptive, offensive or otherwise inappropriate for the use and enjoyment by others of 4th Street Market. Lessor specifically reserves the right to exclude or expel from 4th Street Market any person who, in the judgment of Lessor, is intoxicated or under the influence of liquor or drugs, or who shall in any manner do any act in violation of the law or the rules and regulations of 4th Street Market . 19.
User shall abide by any requirements of any governmental or military authority. 20.
Lessor specifically reserves to itself or to any person or firm it selects, the right to place in and upon the Project, coin operated machines for the sale of cigarettes, candy and other merchandise or services and to retain the revenue resulting therefrom, including from the sale of goods which may compete with those which User is permitted to sell. User shall not place or permit vending machines in the Premises without Lessor’s express written consent. 21.
Lessor reserves the right at any time to change or rescind any one or more of these rules or regulations or to make such other and further reasonable, nondiscriminatory rules and regulations as in Lessor's Kitchen Facilities Use Agreement ‐ 2 ‐ judgment may from time to time be necessary for the preservation of good order therein, as well as for the convenience of other occupants and tenants of 4th Street Market. 22.
Lessor shall not be responsible to User or to any other person for the nonobservance or violation of these rules and regulations by any other tenant or by any other person. User shall be deemed to have read these rules and to have agreed to abide by them as a condition to its occupancy of the Premises. 23.
In the event of any conflict between these rules and regulations or any further or modified rules and regulations from time to time issued by Lessor and the provisions of the Lease, the provisions of the Lease shall govern and control. 24.
User shall not conduct any sidewalk sale, sidewalk display, sidewalk promotion or sidewalk activity outside the Building. 25.
Signs, advertisements or notices visible in or from public corridors or from outside the Building shall be subject to Lessor's prior written approval. 26.
Movement in or out of the Building of furniture, office equipment or any other bulky or heavy materials shall be restricted to such hours as Lessor designates. Lessor will determine the method and routing of said items so as to ensure the safety of all persons and property concerned. Advance written notice of intent to move such items must be made to the Building management office. 27.
User space that is visible from public areas must be kept neat and clean. All freight elevator lobbies are to be kept neat and clean. The disposal of trash or storage of materials in these areas is prohibited. 28.
All Vendors employed by tenants must meet Lessor’s insurance requirements and submit a Certificate of Insurance showing they meet Lessor's requirements prior to the commencement of any work, services or movement in or about the Building and the tenant premises. These requirements are subject to change and can be obtained from the Building Management Office. 29.
Neither User nor any of User’s agents, employees, contractors or invitees shall smoke or permit smoking in the Building or any of the Common Areas, except in any particular portion of the Common Area (if any) which may be declared a designated smoking area by Lessor (in Lessor’s sole discretion). Kitchen Facilities Use Agreement ‐ 3 ‐ East End Kitchens Information
Mission Statement The incubator kitchens are a platform for up and coming food makers to take their creations to the next level. Our goal is to make the food maker successful. Hours of Operation The kitchens are available 24/7 and must be scheduled in advance. Each block scheduled is a 4 hour minimum (3.5 hours production; .5 hours clean‐up and sign‐off) unless pre‐approved for less time. Or a more permanent schedule with set days and hours.  Peak Hours: 6AM – 10PM  Off‐Peak Hours: 10PM – 6AM Reservation System An online reservation system is used for booking space in the incubator kitchens and/or event space. Usage Requirements All food makers must provide the following items prior to using any space at 4th Street.  Current Food Protection Manager Certification  Liability Insurance  Description of Product & Production Steps Storage Options Storage options available (rates listed below):  Dry Storage  Cold Storage  Freezer Storage Security Deposit $250 Refundable Security Deposit Retail Opportunities Each food maker has the opportunity to have their products on the shelves of Honor Roll, 4th Street Market’s in‐house specialty food shop. Also, each food maker may be fast tracked to be a part of the DTSA Farmers Market. Business Center Depending on the membership tier, each food maker has access to the Business Center. Amenities include:  Free WiFi  Shared office space with a Color and Black/White Printer  Restroom and lockers East End Kitchen Information 04/15 East End Kitchens Consulting Services Consulting Services provided by FoodCentricity, a business accelerator focused on helping food artisans/entrepreneurs launch and grow their business. A multitude of services are available and are priced on a case by case basis. Food makers will receive a free initial consultation to assess their needs. Services include:  Recipe/Formula Development  Nutritionals  Menu Item Ideation  Packaging/Labeling  Co‐Packer Information  PR Commissary 4th Street utilizes a commissary system and receiving manager for streamlining ordering, deliveries, and to take advantage of buying power. Main Kitchen Details Gluten Free Kitchen Details Refer/Prep Station Freezer/Prep station Shelving Hand Sink 3‐Compartment Sink Prep Sink Work Table Tilt Kettle ‐ 12 gallon Tilt Kettle ‐ 40 gallon Stand Mixer ‐ 30 qt Combi Steamer/Oven Gas Convection Oven Speed Racks 6‐Burner Range Convection Base Stock Burner Blast Chiller Convection Steamer Smoker (hot/cold) East End Kitchen Information Refer/Prep Station Freezer/Prep station Shelving Hand Sink 3‐Compartment Sink Prep Sink Work Table Stand Mixer ‐ 30 qt Combi Steamer/Oven Gas Convection Oven Speed Racks 4‐Burner Range Convection Base Confectioner Kitchen Details Hand Sink 3‐Compartment Refer/Prep Station Freezer/Prep station Shelving Sink Prep Sink Work Table Chocolate Tempering Machine Induction Burner Table Top Steam Kettle Granite Counters 04/15 East End Kitchens East End Kitchen Storage Rates
Storage/Month Shelf space ‐ 1 shelf Shelf space ‐ 2 shelves Shelf space ‐ 3 shelves Shelf space ‐ 4 shelves Dry Storage $10 $20 $30 $40 Cold Storage $25 $50 $75 $100 Freezer Storage $25 $50 $75 $100 East End Kitchen Rates
Peak Hours ‐ $30/hr Off‐Peak Hours – 15% off Peak Rate Economic Development Rate – Peak $20/hr; Off‐Peak 15% off Peak Rate Monthly User – 20% off the regular rate. User must schedule no less than 24 hours and no more than 40 hours per week. 8 hours of off‐peak time must be scheduled if booking more than 32 hours. Monthly Users get priority scheduling. Tenant User – same as monthly user rate; no minimum required. Priority scheduling will be on a case‐by‐case basis. East End Kitchen Information 04/15 East End Kitchens For further information and to obtain
an application, please contact
the East End Kitchen team:
EMAIL
info@4thstreetmarket.com
PHONE
Sheila Anderzunas at 562-716-7650
Paz Cassidy at 562-314-9795
LOCATION
201 East 4th Street at Bush
Santa Ana, CA 92701
Mission Statement
The incubator kitchens are a platform for food makers to take their product to
the next level. Our goal is make each food maker a success.
Features
There are several features at East End Kitchens
that will assist food makers in starting and growing
their business:
Main
Kitchens
Gluten Free
Kitchens

Online Reservation System

Commissary for increased buying power

Business Center
Some of the equipment available:
Some of the equipment available:

Flexible storage options

Refer-Freezer/Prep Station

Stand Mixer - 30 qt

3-Compartment Sink

Combi Steamer/Oven

Prep Sink

Gas Convection Oven

Work Table

Speed Racks

Tilt Kettle

4-Burner Range Convection Base

Stand Mixer - 30 qt
Consulting Services
Consulting services provided by
FoodCentricity include:

Recipe/Formula Development

Combi Steamer/Oven

Nutritionals

6-Burner Range Convection Base

Package/Labeling

Stock Burner

PR

Blast Chiller

Business Growth

Convection Steamer

...and more!

Smoker (hot/cold)
Confectioner
Kitchen
Some of the equipment available:

3-Compartment Refer/Prep

Induction Burner

Table Top Steam Kettle

Granite Counters
East End Kitchens Program
Honor Roll is a specialty foods store in the 4th Street Market. Within its
walls one can find fresh meat from Electric City Butcher, fresh breads and
pastries from Dough Exchange, house-made pastas, sauces, stocks and other
products from Playground, fresh, local produce from Boldo, a selection of
craft beer and wine, rare gourmet products such as foie gras and Iberrica de
Belotta pork from Artisanal Foods in Las Vegas, fresh flowers from Macres
Florists, fine spices, and an assortment of unique, high-quality products from
local artisans.
Honor Roll is also a place where the craftsmen who rent the East End Kitchens can sell their products. We’ve set aside a section of the store for East
End Kitchens products. We will have 72 linear feet of shelf space along the
front of the store featuring East End Kitchens products. You keep your shelf
full of your products and our staff will handle all sales, collect all proceeds
and any sales tax, provide you with a report of your sales and pay you
your net proceeds, and prepare and file any necessary sales and use tax
return.
Shelf space in the East End Kitchen section of the store is available to rent on
a month-to-month basis in units of 2 linear feet (plus one cubic foot of storage space for back stock). Limited refrigerated or freezer space may also
be available. In addition to the monthly rental, we will charge 5% of your
sales to cover merchant service fees and overhead.
If you’re not quite ready to rent space, we’ll let you stock your products on a
consignment basis for a limited time. You won't pay for the space, but we
will charge 25% of your sales to cover merchant service fees and overhead.
HONOR ROLL
201 E. Fourth Street
Unit 101
Santa Ana, CA 92701
Phone: 949-292-6283
Fax: 949-725-0113
E-mail: Brandon@HonorRollDTSA.com
Email Links for Food Makers Insurance https://www.fliprogram.com/commercial‐kitchen‐insurance ServSafe Manager Certificate, Online https://www.servsafe.com/manager/food‐safety‐training‐and‐certification Karen Erzoj, ServSafe Local Instructor Contact: kezroj@cox.net Location: 3240 El Camino Real #150, Irvine, CA 92602 Dates: February 5 April 9 June 11 August 13 October 15 December 10 Downtown Santa Ana Certified Farmers’ Market
Prepared Food Producers + Commercial Sellers
Vendor Application
(Non-Agricultural)
Submit to: info@dtsafarmersmarket.com
Please review the market’s rules and regulations before submitting your application. Complete all
applicable sections thoroughly. Application submission does not guarantee you a space in the market.
Business Name:________________________________________________________________________
Contact Person:________________________________________________________________________
Phone Number:________________________________________________________________________
Mailing Address:_______________________________________________________________________
Business/Physical Address:_______________________________________________________________
Email Address:_________________________________________________________________________
Website:____________________________________Facebook Name:____________________________
Twitter:_____________________________________Instagram:_________________________________
Prep Kitchen Address:___________________________________________________________________
Are you operating under a Cottage Foods Act permit?__________________________________________
CA issued Seller’s Permit #:_______________________________________________________________
Federal Tax ID:_________________________________________________________________________
Other farmers’ market that you sell in, and length of time participating in those markets:
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Please describe IN DETAIL the food products that you intend to sell, including seasonal items, and their
corresponding prices. Items not listed may not be sold without permission of the market staff.
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Please return the following items with your application:
1. Evidence of liability/product insurance.
2. Copy of health dept permit for your kitchen space or Cottage Foods permit, if applicable.
3. Samples are to be submitted to DTSA Certified Farmers’ Market before application is considered
complete. Product samples are to be prepared and properly packaged as for sale. If submitting
application online, please upload photograph of products.
Approved applicants will need to submit proof of the following:
1. Approved health permit, specific to our market. http://ocfoodinfo.com/tff
PLEASE DO NOT OBTAIN THIS UNTIL YOU ARE ACCEPTING INTO THE MARKET.
2. We require that DTSA Certified Farmers’ Market and OneOC (our non-profit fiscal sponsor) be
added to your product/liability insurance policy as an additional insured, if and when approved
to sell at our market. See rules and regs for specifics.
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Print Name
2
Signature
Date
Foodbeast Studio & Kitchen
FOODBEAST Kitchen & Studio is a multi‐functional space designed for a range of activities from book signings to cooking classes and demos to photography and filming. The Studio Kitchen seats 36 and can be sectioned off for some privacy. Amenities 
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Light bars that can support 500 pounds 900 amps of mixed lighting and audio 120 volt power 2‐house speakers for background music Separate video system and cabling can be utilized on the light bars‐we have house cabling back to the network equipment for “live streaming” applications 5.Monitors can be placed on any light bar for stand alone application For pop‐dinners, Incubator Kitchen F is included Scullery for clean‐up Porter available for final cleaning ….and more! Studio Kitchen Rates Use Book Signing Talk‐Seminar Corporate Meeting Product Demo Cooking Demo Hands‐On Class Event Pop‐Up Dinner Pop‐Up Dinner (No Inc #6) Pop‐up Dinner (No Inc #6 ) Photo Shoot‐Filming Photo Shoot‐Filming Kitchen Aid Double Wall Oven Kitchen Aid Refrigerator Thermidor Induction Cook‐Top Ice Machine Stand Mixer/Food Processor Blender Assorted Cookware Assorted Serviceware per hour $ 50.00 $ 50.00 $ 50.00 $ 60.00 $ 65.00 $ 75.00 per event $ 550.00 $ 450.00 $ 900.00 $ 1200.00 $ 2,000.00 4 hours 8 hours half‐day (6 hours) full day (12 hours) food‐beverage service available through the other restaurants for meetings Studio Kitchen Information 02/15 4th Street Market