Supporting Document (a5916d55...)

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REPORT
Meeting Date:
General Plan Element: 
General Plan Goal:
ACTION
Item 12
_____
May 19, 2026 
Economic Vitality
Encourage high quality retail and entertainment
Authorize a Revocable Outdoor Dining License Agreement. Adopt Resolution 13669 authorizing a Revocable 
Outdoor Dining License Agreement, Contract No. 2026-067-COS with Masyno Canal Building, LLC, 
("Licensee") for an outdoor dining patio on City property.
BACKGROUND
The purpose of this action is to approve a Revocable Outdoor Dining License Agreement ("Agreement") with 
Masyno Canal Building, LLC. The license area is approximately 389 square feet in area located on city-owned 
property. The property owner has received approval from the city's Planning & Development Department 
under case 147-SA-2024 for use of the area as an outdoor dining patio.
This outdoor dining license will hot impact any on-street parking spaces or existing sidewalks. The patio area 
will be located on the northwest corner of Maricopa County Assessor Parcel Number (APN) 173-42-406 and is 
adjacent to the south bank of the Arizona Canal. Historically, City has supported outdoor dining activities to 
energize downtown, including the waterfront area.
ANALYSIS & ASSESSMENT
Recent Staff Action
The patio location will not impact access to, or operation of, pedestrian movement within south bank of the 
Arizona Canal. The terms of the License Agreement are similar to other outdoor dining license agreements 
within the downtown and waterfront areas, and include the following provisions:
A five-year license, with 2 additional 5-yr extension options.
The base use fee will be $3,691.61 per year with an annual 3% escalation each July thereafter 
beginning on July 1, 2026.
RESOURCE IMPACTS
Available funding
No City funding is required as a result of this action.
Action Taken .

City Council Report | New ODLA with Masyno Canal Building, LLC
Staffing, Workload Impact
The Agreement will be managed by Transportation & Infrastructure Real Estate staff. The Licensee is 
responsible for all maintenance and operational costs of the outdoor dining area.
Maintenance Requirements
No significant maintenance requirements will result from this action. Minor upkeep of the adjacent 
landscaping and patio area is the responsibility of the property owner.
OPTIONS & STAFF RECOMMENDATION
Recommended Approach
Adopt Resolution 13669 authorizing a Revocable Outdoor Dining License Agreement, Contract No. 2026-067- 
COS for an outdoor dining patio.
Proposed Next Steps
If Council adopts Resolution 13669, Licensee will pay the City the deposit amount and first year prorated 
rent.
RESPONSIBLE DEPARTMENT(S)
Transportation & Infrastructure, Real Estate Services
STAFF CONTACTS (S)
Maria Muiser, Real Estate Asset Manager, (480) 312-7853 MMuiserPscottsdaleaz.gov 
Deborah Fisher, Real Estate Management Specialist, (480) 312-2522 dfisherpscottsdaleaz.gov
APPROVED BY
Alison Tymkiw, Senior Director-City Engineer,
Transportation & Infrastructure
(480) 312-7760, atymkiwPscottsdaleaz.gov
Dat^
Page 2 of 3

City Council Report | New ODLA with Masyno Canal Building, LLC
ATTACHMENTS
1. Resolution 13669
2. Location Map
3. Contract 2026-067-COS
Page 3 of 3

RESOLUTION NO. 13669
A RESOLUTION OF THE COUNCIL OF THE CITY OF SCOTTSDALE, 
MARICOPA COUNTY, ARIZONA AUTHORIZING A REVOCABLE 
OUTDOOR DINING LICENSE AGREEMENT ON CITY OWNED PROPERTY.
WHEREAS, Scottsdale's downtown is an important community asset providing 
significant economic, tourism and cultural amenities for Scottsdale's citizens, businesses and 
visitors.
WHEREAS, The City of Scottsdale ("City") is committed to maintaining and enhancing 
downtown to provide these important community benefits.
WHEREAS, Activating public spaces through outdoor dining patios and similar 
amenities increases the attractiveness of downtown to tourists and otherwise advances the 
prosperity of downtown and the broader community.
WHEREAS, Including such projects as part of downtown provides the potential for 
visitors to better experience the community and its amenities and heritage.
WHEREAS, City owns land interest or use rights surrounding the property located 
adjacent to the south bank of the Arizona Canal at the Stetson Plaza, that is suitable for an outdoor 
dining patio (the “Use Area”)
WHEREAS, Masyno Canal Building, LLC an Arizona limited liability company (the 
"Licensee"), is the owner of an adjacent restaurant parcel at 7114 E. Stetson Dr., Suite 110 (the 
"Licensee’s Parcel").
BE IT RESOLVED by the Council of the City of Scottsdale as follows:
Section 1. The City Council hereby authorizes and directs the Mayor to 
execute on behalf of the City of Scottsdale, the Outdoor Dining License Agreement No. 2026- 
067-COS with Masyno Canal Building, LLC an Arizona limited liability company.
PASSED AND ADOPTED by the City Council of the City of Scottsdale this______
day of__________________, 2026.
ATTEST:
Ben Lane, City Clerk
CITY OF SCOTTSDALE, 
an Arizona municipal corporation
Lisa Borowsky, Mayor
19129954
Resolution 13669 
Page 1 of 2
Attachment 1

APPROVED AS TO FORM:
OFFICE OF THEXTTY ATTORNEY
Luis E. Santaella, Interim, City Attorney 
By: Joe Padilla, Deputy City Attorney
19129954
Resolution 13669 
Page 2 of 2

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WHEN RECORDED RETURN TO:
CITY OF SCOTTSDALE
Attn: Real Estate Services
7447 East Indian School Road, Suite 205
Scottsdale, AZ 85251
City of Scottsdale Agreement No. 2026-067-COS
Resolution No. 13669 
Licensee’s Parcel Address: 7114 E. Stetson Dr. #110
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OUTDOOR DINING REVOCABLE LICENSE AGREEMENT
This OUTDOOR DINING REVOCABLE LICENSE AGREEMENT (the "Agreement") is made
and entered into this___ day of__________2026 (the “Effective Date”) by and between the
City of Scottsdale, an Arizona municipal corporation (the “City”), and Masyno Canal Building, 
LLC, an Arizona limited liability company (“Licensee”). The City and the Licensee may each be 
refened to in this Agreement individually as a “Party” or collectively as the “Parties.”
RECITALS
A. 
Pursuant to the Scottsdale City Charter, the Scottsdale Revised Code, and other 
state and federal laws, the City is empowered to regulate its streets, alleys, public easements, and 
other City-owned property and to grant, renew, deny, amend, and terminate licenses for, and 
otherwise regulate the installation of, outdoor patios located on property owned or controlled by 
the City.
B. 
City retains real property interests in certain real property comprising 
approximately Three Hundred, Eighty-Nine (389) squai-e feet of land which is legally described 
and depicted on Exhibit A attached hereto (the "Use Area”).
C. 
Licensee owns a certain existing building (the “Licensee’s Building”) located upon 
certain land (the “Licensee’s Parcel”) which are described on Exhibit B attached hereto. The 
Licensee’s Pai-cel is located at 7114 E. Stetson Dr., Suite 110, Scottsdale Arizona 85251 and 
identifiable as of the Effective Date as APN 173-42-411. Licensee warrants and represents that 
Licensee owns fee title to Licensee’s Parcel and Licensee’s Building.
D. 
Licensee desires to use the Use Area solely for service of food and beverages 
(including alcohol) that have been prepared in Licensee’s Building and will be immediately 
consumed by guests in and on the Use Area (the “Permitted Use”).
E. 
City desires to reserve rights to construct and use additional improvements upon 
the Use Ar ea subject to the requirements of this Agreement.
NOW, THEREFORE, for and in consideration of the foregoing, the amounts hereinafter to be paid 
by Licensee, and the covenants and agreements contained herein to be kept and performed by 
Licensee, and other good and valuable consideration. City and Licensee agree as follows:
19129957
Page 1 of 30
Contract No. 2026-067-COS
Attachment 3

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TERMS
ARTICLE 1. USE
1.1. 
Incorporation of Recitals. The Recitals above and any and all Exhibits referenced 
within are incorporated herein by reference.
1.2. 
Grant of License. City hereby grants to Licensee a non-exclusive, revocable license to 
use the Use Aiea for the Permitted Use conditioned upon Licensee's full, timely, 
complete, and faithful performance of all terms and conditions of this Agreement by 
Licensee, and Licensee hereby accepts the license and this Agreement.
1.3. 
Permitted Use. Licensee shall only use the Use Area for the service of food and 
beverages (including alcohol) that have been prepared in Licensee’s Building and that 
will immediately be consumed by guests in the Use Area. No other activity shall be 
conducted at or from the Use Ai-ea.
1.4. 
Use Restrictions. Licensee shall conform and shall cause its customers, employees, 
workers, and other persons using the Use Ar ea pursuant to this Agreement to conform 
to the Permitted Use and any restrictions outlined herein. The Permitted Use is 
restricted as follows;
1.4.1. Cooking. No Cooking or food preparation is allowed in the Use Area.
1.4.2.
Restaurant Operation Required. Licensee shall only use the Use Area in 
connection with and as an integral part of a full-service, sit-down restaurant 
within Licensee’s Building, with a menu and under a manager and/or 
operator of the Licensee’s Building. Licensee shall operate Licensee’s 
restaurant within Licensee’s Building as a restaurant and not as a bar or 
other type of establishment. For purposes of this Agreement, a restaurant 
is defined as an establishment that either offers only food and no alcohol 
without conditions or offers both food and alcohol with the following 
conditions:
1.4.2.1.
1.4.2.2.
The restaurant has in-operation, on-site, full-service kitchen 
within the Licensee’s Building that is used to prepare and cook 
(and not just heat or warm) entrees ordered by individual 
customers.
\Vhen the kitchen is open, the restaurant’s main menu offers at 
least ten (10) different food entrees. Upon request by the City, 
Licensee shall provide a copy of the main menu.
1.4.3.
Animals. Licensee shall allow in the Use Aiea service animals and 
emotional support animals as required by the American with Disabilities 
Act. Pets on leashes are also pennitted if allowed by applicable laws and 
regulations.
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Contract No. 2026-067-COS
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1.4.4. 
Time Restrictions. All activities at the Use Area must start no earlier and 
conclude no later than allowed by law. Licensee shall not use the Use Area 
outside the general operation hours permitted by law, special permit or any 
city imposed operating time restrictions.
1.4.5. 
Noise. Except as City may specifically allow from time to time under an 
approved Special Event or Conditional Use Permit, outdoor music and 
sound equipment, sources, and devices that intentionally emit sound (except 
for safety alarms) are prohibited at the Use Area.
1.5. Video Equipment. Licensee shall not use televisions, computer monitors, video 
screens, video displays, video projectoi's, or other equipment for displaying video 
images, signals, or patterns at the Use Area.. City may elect to temporarily suspend 
this paragraph in whole or in part from time to time subject to such conditions or 
requh'ements as City may desire from time to time under an approved Special Event or 
Conditional Use Permit.
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1.7.
1.8.
1.6. 
Liquor License. Any liquor license that Licensee holds at the Use Area shall be limited
to the Use Area and the Licensee’s Building. This Agreement does not create in 
Licensee any rights with respect to alcohol service outside the Use Area. Upon 
termination of this Agreement for any reason, Licensee shall cause the Use Area to be 
removed from the scope of its liquor license. Licensee shall cause all alcohol served at 
the Use Area to be consumed inside the required barrier at the Use Area or inside 
Licensee’s Building.
Standards of Service. In entering into this Agreement, City and Licensee have foremost 
in mind providing the public food and beverage services and facilities of the highest 
quality. Without limitation, Licensee shall operate the Use Area in a first-rate manner.
Security. Except as City may specifically allow fix>m time-to-time. Licensee shall 
require at least the following level of staffing and expertise for the Permitted Use at the 
Use Area:
1.8.1. 
If City requests, Licensee shall hire one or more security guards for the Use 
Area with such qualifications as City may reasonably request.
1.8.2. 
Licensee’s outdoor security efforts shall equal or exceed Licensee’s security 
efforts inside Licensee’s Building.
1.8.3. 
Licensee shall be responsible for all aspects of security and safety at the Use 
Area regardless of whether City influences or participates in Licensee’s 
security or safety programs.
1.9. Conduct at Use Area. Noisy, unruly, inebriated, disorderly, lewd, adult oriented 
behavior or other unlawful conduct of any description at the Use Area and Licensee’s 
Parcel is strictly prohibited.
19129957
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Contract No. 2026-067-COS
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1.10. 
Common Aieas. Subject to cun-ent and future regulations and policies governing the 
use of, and access to, the Use Area, Licensee, its officers, employees, agents, patrons 
and invitees, and its suppliers of services and furnishers of materials shall have the right 
of ingress to and egress from the Use Area through such portions of the Adjacent City 
Property as are open to the public for that purpose from time to time. Such right is 
strictly limited to ingress and egress.
1.11. Adjacent City Property Operations. Licensee acknowledges that Licensee's use of the 
Use Ar-ea shall be subject and subordinate to use of the Adjacent City Pr-operty. 
Licensee's use of the Use Area shall not he permitted by Licensee to in any way 
adversely affect City's use or operation of the Adjacent City Property.
LI 1.1. Obstmcting Traffic. Licensee and its customers shall not obstruct or 
interfere with the use of the Adjacent City Property including without 
limitation any walkways, sidewalks, driveways, vehicle lanes, or other ar'eas 
adjacent to the Use Area and shall at all times maintain safe, convenient, 
and fi-ee pedestrian and vehicular access along the Adjacent City Properly. 
City may requir-e that such access includes pedestrian access passing 
through the Use Area.
1.12. 
Hazardous Mater ials. Licensee shall not produce, dispose, transport, treat, use or store 
any hazardous waste or materials or toxic substance upon or about the Use Area or any 
substance now or hereafter subject to regulation under any law. The preceding sentence 
does not prohibit use of ordinary janitorial supplies used to clean and maintain the Use 
Ar-ea. Licensee shall pay, indemnify, defend, and hold City harmless against any loss 
or liability incurred by reason of any Toxic Substance on or affecting the Use Area and 
the Adjacent City Property occurring after the date of this Agreement and shall 
immediately notify City of any Toxic Substance at any time discovered or existing 
upon the Use Area. Licensee understands the hazards presented to persons, property, 
and the environment by dealing with Toxic Substances. Licensee shall cause any on­
site or off-site storage, treatment, transportation, disposal, or other handling of Toxic 
Substance by Licensee in cormection with the Use Area to be performed by persons, 
equipment, facilities and other resources who are at all times properly and lawfully 
trained, authorized, licensed, and otherwise permitted to perform such services.
1.12.1. Name of Business. Licensee shall operate the Use Ai-ea and Licensee’s 
Building under the same name.
1.12.2. Prohibited Names. Licensee shall not use in connection with any operations 
at the Use Area any name that directly or indirectly refers to or contains any 
part of City's name or otherwise suggests a connection between City and 
Licensee or Licensee's activities. Licensee shall also not use in connection 
with its operations at the Use Area any name associated with products or 
purveyors of any sort of alcohol other than Licensee’s own name, if 
applicable, tobacco, adult entertainment, or gambling related products or 
services.
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Contract No. 2026-067-COS
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2.1.
2.2.
2.3.
2.4.
3.1.
3.2.
3.3.
ARTICLE 2. TERM
Term. The original term of this Agreement shall be for a period of five (5) years 
commencing on the first day of June (the “Commencement Date”) and ending on May 
31,2031 (the “Original Term”).
Renewals. The Original Term may be renewed for up to two (2) additional five (5) 
year periods, each a “Renewal Term”, upon mutual written agreement by Contract 
Administrator and Licensee. The Original Term and any Renewal Term are 
collectively referred to herein as the “Term.”
Holding Over. If Licensee remains in possession or occupancy of the Use Area after 
expiration of the Teim, such holding over shall operate as a limited renewal or 
extension of this Agreement from month to month that may be terminated at any time 
by City upon thirty (30) days’ notice to Licensee or by Licensee upon sixty (60) days’ 
notice to City. Licensee may remain in holdover status up to six (6) months after which 
time this License will automatically terminate and may not be renewed.
Termination Rights. Either party shall have the unilateral right to terminate this 
Agreement for any reason whatsoever or for no reason at any time upon thiity (30) 
days’ written notice to the other party. If this Agreement is terminated prior to the end 
of the term, the City will reimburse Licensee a prorated Use Fee for the prepaid balance 
of the term based on a monthly proration.
ARTICLE 3. USE AREA
Condition of Use Area. Licensee has examined, studied and inspected the Use Area, 
the Adjacent City Property, and all other property associated with this Agreement and 
its environs. The Use Area is being made available in an "as is" condition without any 
express or implied warranties of any kind, including without limitation any wan anties 
or representations as to their condition or fitness for any use. Licensee has obtained 
such information and professional advice as Licensee has determined to be necessary 
related to this Agreement, the Use Area, or this transaction.
Rights in Adjacent Propeity. Without limitation, in the event any public right-of-way 
or other public or private property at or adjacent to the Use Area is dedicated, 
abandoned, or otherwise acquired or disposed of by City, such property shall not accme 
to this Agreement but shall be City's only.
No Real Property Interest. Notwithstanding any provision hereof to the contrary, and 
notwithstanding any negotiation, conespondence, course of performance or dealing, or 
other statements or acts by or between the parties. Licensee’s rights are limited to the 
Use Area and Licensee’s rights in the Use Area are limited to the specific limited 
license rights created by this Agreement, which creates only a revocable license in the 
Use Area. City and Licensee do not by this instrument intend to create a lease, 
easement, or other real property interest. Licensee shall have no real property interest 
in the Use Area or the Adjacent City Property.
19129957
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Contract No. 2026-067-COS

3.4. Resefvations. City specifically reserves to itself and excludes from this Agreement a 
non-exclusive delegable right (the “Reserved Right”) over the entire Use Ai^a 
(including any area that may otherwise be for Licensee’s exclusive use) as follows:
3.4.1. 
City may use and allow others to use the Use Area and any existing or future 
improvements upon the Use Area and to construct, open, repair, use, and 
otherwise deal with all manner of improvements at any location upon the 
Use Area to the extent such uses and improvements do not, in City's 
reasonable discretion, materially and substantially impair Licensee's ability 
to use the Use Area under the terms of this Agreement. For example, and 
without limitation. City may construct additional utilities upon the Use Area 
and may peifoim work related to traffic conditions; public health, safety or 
welfare; street abandonment; street or other utility or improvement 
construction or repair; change or establishment of street grade; and 
installation or other work relating to sewers, drains, water pipes, power 
lines, signal lines, transportation facilities, pavement, sidewalks, drainage 
works, landscaping, utilities, tracks, or any other types of structure, work, 
or improvements of any description, whether or not included within or 
related in any manner to any of the foregoing.
3.4.2. 
Neither City nor any agent, contractor or employee of City shall be liable to 
Licensee, its customers, or third parties for any service disruption or for any 
other harm caused them or their improvements or personalty due to City’ 
exercise of its rights under this Agreement.
3.4.3. 
City shall have the unilateral right to modify the entirety of the Use Area 
and Adjacent City Property from time to time during the Term. City may 
also unilaterally regulate, reroute, close, and otherwise alter pedestrian and 
vehicular traffic access to the Use Area and Adjacent City Property and 
travel within any area of the Use Area and Adjacent City Property without 
Licensee’s consent. The preceding sentence does not allow City to provide 
less access, if any, to the Licensee’s Parcel than City would be required to 
provide to the Licensee’s Parcel under applicable law if Cify and Licensee 
had not entered into this Agreement.
3.4.4. 
Upon City's request to exercise its Resei-ved Right, Licensee at its expense 
shall protect, support, disconnect, relocate, and remove Licensee's propeily 
and improvements at its own expense upon ten (10) days’ notice from City 
or such shorter notice (or no notice) as City may determine to be practical 
in the circumstances. Within thirty (30) days after Cify finishes exercising 
its Reserved Right, Licensee at Licensee’s expense shall replace any item 
temporarily removed. City may perform any such work not performed by 
Licensee, and Licensee shall reimburse Cify for its actual costs of such 
work.
3.4.5. 
All new improvements or equipment constructed or installed by Cify shall 
be for City's exclusive, delegable use.
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3.4.6. 
Licensee shall actively cooperate with City to facilitate City’s exercise of 
the Reserved Right.
3.4.7. 
Except in an emergency, entries by City, other public agencies, utility 
providers and other persons and entities shall be made only after reasonable 
notice to Licensee.
3.5. Prior Contracts and Condition of Title. City does not warrant title to the Use Aiea or 
adjacent City propeity. Licensee is responsible to complete independent research it 
deems necessary regarding condition of title. Licensee's rights hereunder are subject 
to all covenants, conditions, restrictions, easements, agreements, liens, reservations, 
and encumbrances upon, and all other recorded or unrecorded matters or conditions of 
title to, regarding the Use Area.
ARTICLE 4. USE FEE
4.1. 
Use Fee. Licensee shall pay to City a fixed annual amount (the “Base Use Fee”) based 
on Licensee’s use of the Use Area. The Base Use Fee does not include rental tax or 
any other amounts or fees required by this Agreement or other local. State, or Federal 
jurisdictions. Licensee shall pay to City all other amounts required by this Agreement 
(together, the Base Use Fee and all other amounts are collectively deemed the “Use 
Fee”).
4.2. 
Base Use Fee Amount. The amount of the Base Use Fee per each calendar year shall 
be Three Thousand, Six Hundred, Ninety-One Dollars and 61/cents ($3,691.61).
4.2.1. 
Prorated First Year Base Use Fee Amount. The amount of the prorated Base 
Use Fee for the Commencement Date through June 30,2026 shall be Three 
Hundred, Seven dollars and 63/cents ($307.63) plus applicable county & 
city rental taxes.
4.2.2. 
Holdover Base Use Fee Amount. In the event of a holdover. Licensee shall 
pay City one-hundred fifty percent (150%) of the Base Use Fee amount that 
is in effect immediately prior to the holdover commencing.
4.2.3. 
Holdover Use Fee Payments. Licensee shall pay City one-twelfth (1/12) of 
the Holdover Base Use Fee Amount on the fust day of the first month of 
the holding over and each month thereafter
4.3. 
Annual Adjustment. The Base Use Fee, including any holdover Base Use Fee, shall be 
adjusted upward on a fixed basis at a rate of three percent (3.0%) per annum on July 
of each year of this Agreement (the “Annual Adjustment”).
4.4. 
Use Fee Amounts Cumulative. All amouirts payable by Licensee hereunder or under 
any tax, assessment, or other existing or ftiture ordinance or other law of the City of 
Scottsdale or the State of Arizona shall be cumulative and payable in addition to each 
other payment required hereunder, and such amounts shall not be credited toward, 
substituted for, or set off against each other in any manner.
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Contract No. 2026-067-COS

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4.5. 
Use Fee Payment Schedule. Licensee shall pay City in advance and without demand 
the Use Fee in two semi-annual installments on or before each June 25*'’ and December 
25"* of the Term, except as follows:
4.5.1. 
First Year Use Fee Payment. Licensee shall pay City the Use Fee for the 
first partial year of this Agreement no later than fifteen (15) calendar days 
after the Commencement Date.
4.6. 
Construction Period Use Fee Credit. A credit (the ‘^Construction Period Credit”) 
shall accrue during a Construction Period as defined in Ailicle 8. The credit for the 
Construction Period only applies if all the following are true:
4.6.1.1. 
Licensee has ceased its business operations within the Use Area 
and/or the Licensee Parcel during city approved constmction 
activities. Licensee’s tables, chairs, and other moveable items 
(such as umbrellas, planter, tools, supplies, and other items) are 
not permitted to be located in the Use Aiea during the 
Construction Period
4.6.1.2. 
Construction of the improvements will take no less than 1 year 
and no more than 2 years to complete. Any extension of 
construction beyond 2 years must be requested in writing by 
licensee and approved by City.
4.6.1.3. 
Licensee is responsible for providing a copy of the Construction 
Permit and final Permit approval as defined in 8.1.1.3, to the 
contract administrator to receive the Consti-uction Period Credit.
4.6.2. 
The Construction Period Credit shall be calculated as follows:
4.6.2.1. 
The Base Use Fee amount that is in effect at the beginning of the
Installment Period in which the Construction Period begins; 
Divided by thiee-hundred and sixty-five (365); Divided by two 
(2). Multiply the result by the number of full consecutive days 
in the Construction Period.
4.6.3. 
Construction Period Credit Example: Annual installment of $9,000.00 and 
a Construction Period of450 days: $9,000 -J- 365 ^2x450 = $5,547.95.
4.6.4. 
Licensee shall qualify for the Construction Period credit upon final city 
approval of the construction. The Construction Period Credit shall be 
applied to Licensee’s Account.
4.7. 
Dark Period Use Fee Credit. A credit (the “Dark Period Credit”) against the Base 
Use Fee shall accrue during certain periods when Licensee temporarily ceases using 
the Use Area as follows:
4.7.1. A Dark Period occurs only if all of the following are true:
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4.7.1.1. 
All business operations on the Use Area and/or Licensee’s 
Parcel completely cease for not less than sixty (60) consecutive 
calendar days and not more than three hundred and sixty-five 
(365) consecutive calendar days. Complete cessation of 
business operations means that no business of any kind is being 
conducted and that the Use Area is completely vacant of 
Licensee’s tables, chairs, and other moveable items (such as 
umbrellas, planters, tools, supplies, and other items).
4.7.1.2. 
Any Dark Period beyond thiee hundred and sixty-five (365) 
days shall result in automatic termination of this Agreement, and 
Licensee shall be required to remove all improvements and 
personal property in accordance with Article 11 of this 
Agreement.
4.7.1.3. 
Licensee gives City written notice of the beginning of a Dark 
Period a minimum of ten (10) days before the Dark Period 
begins and immediately upon the End of the Dark Period.
4.7.2. Dark Period Credit amount shall be calculated as follows:
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4.7.2.1. 
The Base Use Fee amount that is in effect at the beginning of the 
Installment Period in which the Dark Period begins; Divided by 
three-hundred and sixty-five (365); Divided by two (2). Multiply 
the result by the number of full consecutive days in the Dark 
Period.
4.7.2.2. 
Daik Period Credit Example; Annual installment of $5,000.00 
with a 61-day dark period: $5,000 365 ^2x61= $417.81
4.7.3. 
A Dark Period Credit shall be applied against the next installment payment 
of the Base Use Fee following the end of the Dark Period. If this Agreement 
ends or if all or any part of a Dark Period Credit for any other reason cannot 
be used in conformance with these provisions, then it is extinguished.
4.7.4. 
All terms and provisions of this Agreement (e.g. Licensee’s obligations to 
provide insurance (less workman’s comp provisions) and indemnification 
and to maintain the Use Area in a clean and safe condition) shall remain in 
fiill force during any Dark Period.
4.7.5. 
City is not responsible to track whether a Dark Period has begun or ended 
and is not obligated to accept anything other than proper and timely notice 
of the beginning or end of a Dark Period. Without limitation, if Licensee 
does not give proper and timely notices of both the beginning and the end 
of a Dark Period, then no Dark Period shall be deemed to have occurred 
regardless of whether a Dark Period might otherwise have occmi ed.
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4.8. Method of Payment. Unless and until City gives notice othemise, Licensee shall pay 
City as follows:
4.8.1. 
Licensee may mail payments to: City of Scottsdale, Remittance Processor, 
7447 East Indian School Road, Suite 215, Scottsdale, Arizona 85251. To 
ensure timely processing of physical payments. Licensee’s payment must: 
a) include Licensee’s billing account number from the invoice, b) include 
the City contract number as shown on this Agreement, and c) be made in 
the exact amount due; or
4.8.2. 
Licensee may pay online by visiting the website 
https://esei-vices.scottsdaleaz.gov/olpp/Home/Pay, selecting “General 
Billing”, entering its email address, account number and pin number, and 
then selecting "Make a Payment.”
4.8.3. Late Fees. Use Fee is deemed paid only when City actually receives good 
cash payment or a check that is honored when first presented by City for 
payment. Should City not receive any Use Fee on or before the date due, a 
late fee shall be added to the amount due in the amount often percent (10%) 
of the amount due. Any Use Fee that is not timely paid shall also accrue 
simple interest at the rate of one and one-half percent (1 ‘A %) per month 
from the date the amount first came due until paid. Licensee expressly 
agrees that the foregoing represent fair and reasonable estimates by City and 
Licensee of City’s costs (such as accounting, administrative, legal, and 
processing costs, etc.) caused by a delay in payment of the Use Fee. City 
may allocate payments received from Licensee among Licensee’s 
obligations.
For any questions regarding payment processing, please contact City’s accounts 
receivables department at accountsreceivable@Scottsdaleaz.Eov or (480) 312-2437.
ARTICLE 5. SECURITY DEPOSIT
5.1. Security Deposit. Upon execution of this Agreement, Licensee shall deposit with City, 
and maintain with City at all times during the Term, a cash security deposit in the 
amount of One Thousand and 0/100 dollars ($1,000.00) to guarantee the faithful 
performance of this Agreement (the “Security Deposit”). City shall retain the Security 
Deposit until the expiration, cancellation, or termination of this Agreement. Any funds 
or property of Licensee held by or available to City or any issuer of a letter of credit, 
receiver, escrow agent, or other third pai-ty under or related to this Agreement may, in 
City’s sole discretion, sei-ve as all or a portion of the Security Deposit guaranteeing 
Licensee’s faithfiil perfoi-mance of this Agreement. Any portion of the Security 
Deposit to which Licensee may be entitled after expiration, termination, or cancellation 
of this Agreement, net of any setoff or other obligation of Licensee, shall be paid by 
City to Licensee without interest no later than sixty (60) days after such expiration, 
termination, or cancellation and completion of all of Licensee’s obligations under this 
Agreement.
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ARTICLE 6. CONTRACT ADMINISTRATORS
6.1. 
City Contract Administrator. The contract administrator for the City is the Real Estate 
Manager or her successor or designee (the “City Contract Administrator”). The City 
Contract Administrator shall ovei-see the administration of this Agreement.
6.2. 
Licensee Contract Administrator. The contract administrator for Licensee is Ahmed 
Bibars fahmed.bihars@,niasvno.com 480-600-4919) or his/her successor or designee 
(the “Licensee Contract Administrator”). Licensee Contract Administrator will 
serve as a point of contact for the City Contract Administrator in matters relating to this 
Agreement.
6.3. 
Change in Contract Administrators. The Parties shall notify each other should either 
desire to change its contract administrator or contact information within ten (10) days 
of such change.
ARTICLE 7. IMPROVEMENTS BY CITY
7.1. 
Improvements by City. City has not promised, and is not obligated in any manner, to 
make any improvements or perform any other constmction or other work at the Use 
Area or the Adjacent City Property.
ARTICLE 8. LICENSEE IMPROVEMENTS
8.1. 
Licensee installation of private improvements. Licensee shall complete any 
construction of private improvements within the Use Area in accordance with all 
requirements of this Agreement. Improvements plans must be submitted to, and 
approved by, the Scottsdale Planning and Development Department.
8.1.1. Licensee improvements generally. The following provisions govern all 
improvements, repairs, installation, removal, demolition, and other 
construction work of any description by Licensee whether or not 
specifically described herein (collectively "Licensee's Improvements") 
upon or related to the Use Area:
8.1.1.1. 
All work shall be done strictly at Licensee's expense and paid 
for by Licensee. In no event, including without limitation 
termination of this Agreement for any reason, shall City be 
obligated to compensate Licensee in any manner for any of 
Licensee's Improvements or other work provided by Licensee 
during or related to this Agreement.
8.1.1.2. 
Constmction. No construction can occur without a city issued 
Permit.
8.1.1.3. 
Construction Period: The construction period shall conmience 
on the date the city issues the required permit(s) to licensee and 
shall end upon the date licensee receives final approval of the
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8.2.
improvements by inspection sei-vices and/or a Certificate of 
Occupancy.
8.1.2. 
Encroachment Permit. If the Use Area are located in City’s public street 
right-of-way, this Agreement serves as an encroachment permit under 
Chapter 47 of the Scottsdale Revised Code to the extent of granting 
permission from City for Licensee's private improvements to exist on the 
Use Area. Licensee shall not be required to obtain any fiirther encroachment 
permit for the Licensee’s Improvements for that narrow purpose. However, 
Licensee shall obtain additional encroachment permits at Licensee’s 
expense as follows:
8.1.2.1. 
Licensee shall not alter or perform any work on the Use Area or 
Adjacent City Propeily without first obtaining a pennit from 
City.
8.1.2.2. 
Licensee shall not in any way obstruct pedestrian or vehicular 
traffic in the right-of-way without first obtaining a permit from 
City.
8.1.2.3. 
Licensee shall apply for such encroachment permits and pay 
encroachment permit fees pursuant to norm^ encroachment 
pemiit processes.
8.1.3. 
Time for Completion. Licensee shall diligently and expeditiously pursue to 
completion the construction of all approved Licensee's Improvements.
Alterations and Modifications. City agrees that Licensee may, from time to time, desire 
to alter Licensee’s Improvements, whether by addition or deletion (the “Alterations”), 
as may be necessary or desirable for the Use, provided however that:
8.2.1. 
If Licensee desires to make Alterations, Licensee shall fust submit a written 
request to City with detailed plans. Licensee shall not make any Alterations 
at the Use Area without City’s prior written consent, which shall not be 
unreasonably withheld.
8.2.2. 
City consent shall be conditioned upon Licensee’s: (i) acquiring all 
applicable governmental permits; (ii) fiunishing City with copies of both 
the permits and the plans and specifications prior to commencement of the 
work; and (iii) compliance with all conditions of said permits and other 
laws, covenants, or restrictions of record, regulations, and ordinances in a 
prompt and expeditious manner.
8.2.3. 
Licensee shall complete any Alterations at Licensee’s sole expense.
8.2.4. 
Licensee shall complete any Alterations in a good and workmanlike manner 
and subject to the terms and conditions in this Agreement.
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8.3. Improvements upon Termination. Upon expiration, termination, or cancellation of this 
Agreement, City, in its sole discretion, shall determine the following:
8.3.1. 
City may require Licensee to transfer title to Licensee’s Improvements, 
equipment, and personal property of every description attached or affixed 
to the Use Area. In this event, title to Licensee’s Improvements shall 
automatically vest in City without requirement of any deed, conveyance, or 
bill of sale. However, if City shall request any documents in confirmation 
thereof. Licensee shall promptly execute, acknowledge, and deliver the 
same to City. Licensee shall provide and assign to City all operating 
manuals, warranties, and similar materials pertaining to Licensee’s 
Improvements, equipment, and personal property transfeiTed to City. City 
shall have no obligation to reimburse Licensee for all or any portion of the 
cost or value of Licensee’s Improvements.
8.3.2. 
In the alternative. City may require Licensee (at Licensee’s sole expense) 
to remove Licensee’s Improvements, equipment, and personal property of 
eveiy description attached or affixed to the Use Area. In this event. 
Licensee shall repair the Use Area and City Property to match the adjacent 
finishes, and Licensee shall restore the Use Area and City property to its 
same condition prior to the Commencement Date, including without 
limitation reconstructing street and landscaping improvements. Unless City 
directs otherwise, wiring, pipes, and conduits shall be left in a good and safe 
condition with each end properly labeled and enclosed in proper junction 
boxes.
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ARTICLE 9. MAINTENANCE AND UTILITIES
9.1. 
Maintenance by Licensee. Licensee shall at all times repair, maintain, and replace the 
Use Area and all improvements and personalty thereon at Licensee's sole expense in a 
firsLclass, sound, clean, and attractive manner:
9.1.1. Licensee shall:
9.1.1.1. 
Monitor the cleanliness of the Use Area and take all necessary 
actions to maintain the cleanliness and safe use of both.
9.1.1.2. 
Provide adequate and sanitaiy handling and disposal, away from 
the Use Area and Adjacent City Property, of all trash, garbage, 
and other refuse. Piling of boxes, cartons, barrels, debris, or 
other items outside the Use Area or in a manner visible from 
outside the Use Area or in a manner visible to areas open to the 
public is prohibited.
9.1.1.3. 
Keep gutters and other areas within the Use Area and Adjacent 
City Property clear of obstructions, litter, and debris.
9.2. 
Maintenance by City. City has no maintenance responsibilities regarding the Use Area.
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9.3. Utilities. Licensee shall contract for and pay all charges, fees, deposits, and other 
amounts for all utilities at the rates applicable thereto. Utility circuits must not be 
comiected to City’s systems.
ARTICLE 10. BREACH BY LICENSEE
10.1. Breach by Licensee. Licensee shall comply with, perform, and do each thing required 
of Licensee herein, and Licensee's failure to do so shall be a breach by Licensee of this 
Agreement.
10.2. 
Events of Default. This entire Agreement is made upon the condition that each and 
every one of the following events shall be deemed an "Event of Default" and a material 
breach by Licensee of Licensee's material obligations under this Agreement:
10.2.1. If Licensee shall be in an-ears in the payment of Use Fee and shall not cure 
such arrearage within ten (10) days after City has notified Licensee in 
writing of such arrearage.
10.2.2. If Licensee shall fail to maintain any insurance required by this Agreement.
10.2.3. If Licensee shall abandon the Use Area.
10.2.4. If any environmental, health, or similar inspector issues any notice of 
investigation or violation of health, environmental, or similar regulations in 
connection with Licensee's use of the Use Area or determines during any 
two or more consecutive inspections that the same violation has been 
repeated or that the overall operation falls materially below standards for 
first-rate, well-operated, similar facilities in Scottsdale, AZ.
10.2.5. If any assignment of any of Licensee's property shall be made for the benefit 
of creditors.
10.2.6. If any representation or warranty made by Licensee in connection with this 
Agreement or the negotiations leading to this Agreement shall prove to have 
been false in any material respect when made.
10.2.7. If the issuer of any guaranty, letter of credit, bond, or similar insti-ument 
shall fail for any reason to timely and fully honor any request by City for 
Hinds or other performance under the instiument.
10.2.8. If Licensee shall fail to timely pay any taxes or other amounts herein 
required to be paid by Licensee to any third person.
10.2.9. If Licensee shall fail to obtain or maintain any licenses, permits, or other 
governmental appravals from City or any other governmental body with 
respect to this Agreement, the Use Area, or the Permitted Use.
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10.2.10. If Licensee shall fail to or neglect to do or perform or obsei-ve any other 
provisions contained herein on its part to be kept or performed and such 
failure or neglect to do or perform or observe any of such other provisions 
shall continue for a period of thirty (30) days after City has notified Lieensee 
in writing of Licensee's default hereunder.
10.2.11. If Licensee shall engage in a pattern of repeated failure (or negleet) to do or 
perform or observe any provision contained herein.
10.3. City's Remedies. Upon the occuii’ence of any Event of Default or at any time thereafter. 
City may, at its option and fmm time to time, without fuxiher demand or notiee, exercise 
any or all or any combination of the following remedies in any order and repetitively 
at City's option:
10.3.1. Terminate this Agreement.
10.3.2. Enter into and upon the Use Area, or any part thereof, and expel Licensee 
and those elaiming by, thiough, or under it, and remove their effects, if any, 
forcibly if necessary, without being deemed guilty of trespass and without 
prejudice to any other remedy.
10.3.3. Enforce a lien (which is hereby granted to City) upon Licensee's propeity 
now or at any time hereafter at the Use Area securing all of Licensee's 
obligations hereunder.
10.3.4. Cause a receiver to be appointed for the Use Area and for the continuing 
operation of Licensee's business thereon.
10.3.5. Pay or perform, for Licensee's account and at Licensee's expense, any or all 
payments or performances required hereunder to be paid or performed by 
Licensee.
10.3.6. Abate at Licensee's expense any violation of this Agreement.
10.3.7. Pursue at Licensee's expense any and all other remedies, legal or equitable, 
to which City may be entitled.
10.3.8. Refuse without any liability to Licensee therefore to perfoim any obligation 
imposed on City by this Agreement.
10.3.9. Be excused from further performance under this Agreement.
10.3.10. Notwithstanding anything in this Agreement to the contrary, unilaterally 
and without Licensee’s or any other person’s consent or approval, draw 
upon, withdiaw, or otherwise realize upon or obtain the value of any letter 
of credit, escrowed funds, insurance policies, or other deposits, sureties, 
bonds, or other funds or security held by City or pledged or othemise 
obligated to City by Licensee or by any third party (whether or not
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specifically mentioned herein) and use the proceeds for any remedy 
permitted by this Agreement.
10.3.11. Insist upon Licensee's fiill and faithful performance under this Agreement 
and upon Licensee's full and timely payment of all Use Fees during the 
Term.
10.3.12. Assert or exercise any other right or remedy permitted by law.
10.3.13. Notice of Breach. Licensee shall promptly give notice to City of any event 
or circumstance that is (or with the passing of time or the giving of notice 
or both will become) an Event of Default.
10.3.H.Non-waiver. Licensee acknowledges Licensee's unconditional obligation 
to comply with this Agreement. No failure by City to demand any 
performance required of Licensee under this Agreement, and no acceptance 
by City of any imperfect or partial performance under this Agreement, shall 
excuse such performance or impair in any way City's ability to insist, 
prospectively and retroactively, upon foil compliance with this Agreement. 
No acceptance by City of Use Fee or other performances hereunder shall be 
deemed a compromise or settlement of any claim City may have for 
additional or further payments or performances. Any waiver by City of any 
breach of condition or covenant herein contained to be kept and performed 
by Licensee shall not be deemed or considered as a continuing waiver and 
shall not operate to bar or otherwise prevent City from declaring a default 
for any breach or succeeding breach either of the same condition or 
covenant or otherwise. No statement, bill or notice by City concerning 
payments or other performances due hereunder shall excuse Licensee from 
compliance with this Agreement nor estop City (or otherwise impair City's 
ability) to at any time correct such notice or insist prospectively and 
retroactively upon foil compliance with this Agreement. No waiver of any 
description (including any waiver of this sentence or paragraph) shall be 
effective against City unless made in writing by a duly authorized 
representative of City specifically identifying the particular provision being 
waived and specifically stating the scope of the waiver. Licensee expressly 
disclaims and shall not rely on any supposed waiver or other change or 
modification, whether by word or conduct or otherwise, not conforming to 
this paragraph.
10.3.1S.Reimbursement of City's Expenses. Licensee shall pay to City upon 
demand any and all amounts expended or incurred by City in performing 
Licensee's obligations.
10.3.16.Inspection. City shall have access to the Use Area at all times upon 
reasonable prior notice (and at all times and without notice if there is an 
emergency) for the purpose of examining, mspecting, evaluating, planning, 
repairing, designing, maintaining, or showing the Use Area or exercising
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City's other rights hereunder. Licensee shall promptly undertake 
appropriate action to rectify any deficiency (identified by City during such 
inspections or otherwise) in Licensee's compliance with this Agreement, 
This paragraph does not limit City’s other rights of access to the Use Area 
elsewhere in this Agreement or othemise.
10.3.17.Default bv City. Notwithstanding anything in this Agreement to the 
contrary, if City at any time is required to pay to Licensee any amount or 
render any performance, such amount or perfoimance is not due until thirty 
(30) days after notice by Licensee to City that the amount has become 
payable or that the performance is due. If a cure cannot be affected during 
that period. City shall not be in default so long as City commences cure 
during the period and diligently prosecutes the cure to completion provided 
such cure must be completed within sixty (60) days after it is due.
ARTICLE 11. TERMINATION
11.1. 
Delivery of Possession. Upon the expiration, cancellation, or termination of this 
Agreement, Licensee shall, without demand, peaceably and quietly quit and deliver up 
the Use Area to City thoroughly cleaned, in good repair, maintained, and repaired and 
in as good order and condition, reasonable use and wear excepted, as the same now are 
or in such better condition as the Use Area may hereafter be placed by Licensee or City.
11.2. 
Surviving Obligations. Licensee’s obligations existing or arising prior to or 
simultaneous with, or attributable to, the expiration, cancellation, or termination of this 
Agreements or events leading to or occurring before such expiration, cancellation, of 
termination shall survive and not terminate.
11.3. 
Abandoned Propeilv. Any personal property and improvements of Licensee or persons 
claiming thi'ough Licensee that may be located at the Use Area at the expiration, 
cancellation, or termination of this Agreement shall be deemed to be abandoned and 
shall automatically at City’s election become the property of City to dispose of at City’s 
discretion without accounting to Licensee or to others.
ARTICLE 12. INDEMNITY AND INSURANCE
12.1. Indemnification. To the fullest extent permitted by law. Licensee, its officers, 
employees, contractors, agents and assigns, shall defend, indemnify, and hold harmless 
City, its agents, representatives, officers, directors, officials and employees (the 
“Additional Insureds”) for, from, and against any and all claims or harm related to the 
performance of Licensee’s obligations under this Agreement (the “Indemnity”). 
Without limitation, the Indemnity shall include and apply to any and all allegations, 
demands, judgments, assessments, taxes, impositions, expenses, proceedings, 
liabilities, obligations, suits, actions, claims (including without limitation claims of 
personal injury, bodily injury, sickness, disease, death, propeity damage, destraction, 
loss of use, or other impairment), damages, losses, expenses, penalties, fines, or other 
matters (together with all attorneys’ fees, court costs, and the cost of appellate
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proceedings) that may arise in any manner out of this Agreement including those 
resulting from any acts, errors, mistakes, omissions, or negligent, reckless or intentional 
actions caused in whole or in part by the Licensee relating to or arising from the Use, 
including any injuiy, damages, or cause of action claimed or caused by any of 
Licensee’s employees, contractors, subcontractors, agents, or other persons upon or 
using the Use Area, City Property, or surrounding areas, including without limitation 
claims, liability, harm, or damages caused in part by City or Additional Insureds or 
anyone for whose mistakes, errors, omissions, or negligence Licensee or City may be 
liable.
12.2. Insurance Policies and Coverages. Immediately following the Effective Date and at all 
times prior to the expiration, cancellation, or termination of this Agreement, Licensee 
and if applicable, their sublicensee or tenant, shall obtain and cause to be in force and 
effect certain insurance policies and coverages (collectively, the “PoIicy(ies)”) subject 
to certain requirements (i) unless the City specifically waives or reduces the 
coverage(s) in writing; as follows:
12.2.1. Commercial General Liability. Owner shall procure and maintain in force 
and effect commercial general liability insurance with a limit of five million 
and 0/100 dollars ($5,000,000.00) for each occurrence, a limit of five 
million and 0/100 dollars ($5,000,000.00) for products and completed 
operations annual aggregate, and a limit of five million and 0/100 dollars 
($5,000,000.00) general aggregate limit per policy year (the “CGL 
Policy”). The CGL Policy shall cover liability arising from premises, 
operations, independent contractors, products, completed operations, 
personal injury, bodily injuiy, advertising injuiy, and liability assumed 
under an “insured contiact" including this Agreement. The CGL Policy 
shall cover Licensee’s liability under the indemnity provisions of this 
Agreement. The CGL Policy shall contain a “separation of insureds" 
clause.
12.2.2. Liquor Liability. Liquor liability insurance in an amount not less than One 
Million Dollars ($1,000,000.00) for each claim and Two Million Dollars 
($2,000,000.00) for all claims in the aggregate. This coverage is required at 
all times when alcohol is being consmned, sold, or served at the Use Area, 
or when Licensee holds any type of liquor license for the Use Ar ea, or when 
any liquor license otherwise exists with respect to the Use Area.
12.2.3. Automobile Liability. Licensee shall procure and maintain in force and 
effect business automobile liability insurance with a combined single limit 
of one million and 0/100 dollars ($1,000,000.00) for each occurrence 
covering any and all owned, hired, and non-owned vehicles assigned to or 
used in any way in connection with Licensee’s use of the City Propeily (the 
“Automobile Policy”). Without limitation, the Automobile Policy shall 
cover hazards of motor vehicle use for loading and unloading. If any excess 
insurance is utilized to fulfill the requirements of the Automobile Policy,
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the excess insurance shall be “follow form” equal or broader in coverage 
scope than underlying insurance.
12.2.4. Workers' Compensation. Licensee shall procure and maintain in force and 
effect such workers’ compensation and similar insurance as is required by 
law and employer's liability insurance with a minimum limit of one hundred 
thousand and 0/100 dollars ($100,000.00) for each accident, one hundred 
thousand and 0/100 dollars ($100,000.00) disease for each employee, and 
five hundred thousand and 0/100 dollars ($500,000.00) policy limit for 
disease. If Licensee has no employees, then Licensee shall provide a “sole 
proprietor waiver” signed by Licensee in form and content acceptable to 
City. All contractors and subcontiactors must also provide this same 
insurance policy and coverages.
12.2.5. Professional Liability. Licensee shall procure and maintain in force and 
effect professional liability insurance covering enors and omissions arising 
out of the work or services perfoimed by Licensee or anyone employed by 
Licensee with a liability insurance limit of two million and 00/100 dollars 
($2,000,000.00) each claim and aggregate.
12.2.6. Other Insurance. Licensee shall procure and maintain in force and effect 
any other insuiance City may reasonably require from time to time to 
protect City, the Additional Insureds, the City Property, surrounding 
property. Licensee, or the activities carried on or about the City Property.
12.2.7. Changes to Policies. City may increase the amount or type of any insurance 
to account for inflation, changes in risk, or any other factor that City 
reasonably detemiines to affect the prudent amount of insurance to be 
provided.
12,2.8. Additional Requirements of Policies, 
following:
The Policies shall include the
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12.2.8.1. 
Additional Insureds. City of Scottsdale, its agents, 
representatives, officers, directors, officials and employees shall 
be named as Additional Insureds under the CGL Policy, the 
Automobile Policy, and any other insurance City may require.
12.2.8.2. Insurance Primary. The Policies shall be primary insurance with 
respect to this Agreement.
12.2.8.3. 
Waiver of Subrogation. The Policies, except Professional 
Liability, if applicable, shall waive rights of recovery 
(subrogation) against City, its agents, representatives, officers, 
directors, officials and employees for any claims arising out of 
work or services performed by Licensee under this Agreement.
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12.2.8.4. Coverage Term. The Policies shall be maintained in ftill force 
and effect until all work and services required by this Agreement 
are satisfactorily performed, completed, and formally accepted 
by City, except if any of the Policies are written on a “claims 
made” basis, coverage shall extend, either by keeping coverage 
in force or purchasing an extended reporting option, for thiiee (3) 
years past the expiration, cancellation, or termination of this 
Agreement, as evidenced by the submission of annual COIs (as 
defined below) citing applicable coverage is in force and 
contains provisions as required herein for the three-year period.
12.2.9. Acceptable Insurers. Licensee shall purchase and maintain the Policies, at 
its ovm expense, with insurance companies duly licensed by the State of 
Arizona (admitted insurer) with an AM Best, Inc. rating of B ++ 6 or above 
or an equivalent qualified unlicensed insurer by the State of Arizona (non- 
admitted insurer) with policies and forms satisfactory to City unless 
otherwise agreed upon in writing by the parties. Failure to maintain 
insurance as specified may result in termination of this Agreement in City’s 
sole discretion.
12.2.10. Policy Deductibles and Self-Insured Retentions. The Policies may contain 
deductibles or self-insured retention amounts. Such deductibles or self- 
insured retention shall not be applicable with respect to the policy limits 
provided to City. Licensee shall be solely responsible for any deductible or 
self-insured retention amount. City, in its discretion, may require Licensee 
to secure payment of the deductible or self-insured retention by a surety 
bond or iirevocable and unconditional Letter of Credit.
12.2.11. Evidence of Insurance. No later than thirty (30) days after the Effective 
Date and each year on the annual anniversaiy of the Commencement Date, 
Licensee shall fiirnish City with Certificate(s) of Insurance (the “COI(s)”) 
or formal endorsements issued by Licensee’s insurer(s) as evidence that the 
Policies are placed with acceptable insurers and provide the required 
coverage, conditions, and limits of coverage and that such coverage and 
provisions are in full force and effect. If a COI is submitted as verification 
of coverage. City shall reasonably rely upon the COI as evidence of 
coverage, but such acceptance and reliance shall not waive or alter in any 
way the insurance requirements or obligations of this Agreement. Each COI 
shall identify the contract number, location, the date of this Agreement and 
the Parties’ names and shall be sent to the designated City Contract 
Administrator and to realestate@scottsdaleaz.gov. COIs submitted without 
referencing the appropriate contract number, location, and reference to this 
Agreement may be rejected, returned, and discarded. If any of the Policies 
expire or are cancelled prior to the expiration, cancellation, or termination 
of this Agreement, Licensee shall forward new certificates within ten (10) 
days after the expiration or cancellation date.
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12.3.
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12.2.12. City’s Election to Provide Insurance. City is not required to cany any 
insurance covering or affecting the City Property, Use Area, or the Use. If 
Licensee fails to acquire all or any part of the insurance required by this 
Agreement, City may elect to provide such insurance (with or without any 
other rcal propeily City may own or control), and Licensee shall pay to City 
the costs of such insurance as reasonably determined by City. Licensee 
shall provide all required insurance not otherwise provided by City. Any 
insurance or self-insurance maintained by City shall not contribute to 
Licensee’s insurance.
12;2.13. Insurance Proceeds. All property insurance proceeds (whether actually paid 
before or after the Term) shall be paid directly to City for City's use in 
compensating City for the loss; for protecting City, the City Property, and 
the public from every other loss or exposure suffered by City; and for 
rebuilding the City Propeily and satisfying and securing Licensee’s 
obligations hereunder. Any remaining proceeds shall be allocated among 
City and Licensee as their interests may appear.
12.2.14.Insurance to be Provided by Others. If Licensee contracts or otherwise 
delegates any work or use of the City Property or Use Area under this 
Agreement, including the use of any contractors or subcontractors and other 
persons occupying, working on or about, or using the City Property or Use 
Area pursuant to this Agreement, Licensee shall cause said delegate to 
execute and provide to City a writing executed by the delegate evidencing 
the delegate agrees to provide at least the same indemnification and 
insurance provisions set forth herein. Licensee is responsible for obtaining 
COIs verifying that the insurance requirements have been obtained by the 
delegate.
I2.2.I5.N0 Representation of Coverage Adequacy. By requiring insurance herein, 
the City does not represent that coverage and limits will be adequate to 
protect Licensee, City, or others. City roserves the right to review any and 
all of the insurance policies and endorsements cited in this Agreement but 
has no obligation to do so. Failure to demand evidence of full compliance 
with the insurance requuements stated in this Agreement or failure to 
identify any insui'ance deficiency vwll not relieve the Licensee from, nor be 
construed or considered a waiver of, its obligation to maintain the required 
insurance at all times during the performance of this Agreement.
Indemnities and Insurance Cumulative. Licensee’s obligations to indemnify do not 
diminish in any way Licensee’s obligations to insure; and Licensee’s obligations to 
insui'e do not diminish in any way Licensee’s obligations to indemnify. Licensee’s 
obligations to indemnify and provide insurance are in addition to, and do not limit, any 
and all other liabilities or obligations of Licensee under or connected with this 
Agreement. The amount and type of insurance policies and coverages required by this 
Agreement will in no way be construed as limiting the scope of the indemnities or other 
requirements of this Agreement.
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ARTICLE 13. CONDEMNATION
13.1. 
Condemnation. If any part of the Use Ai ea shall be acquired or condemned by eminent 
domain for any public or quasi-public use or purpose, and if such taking or 
condemnation shall render the Use Area unsuitable for the Permitted Use in City’s 
opinion, then the Tei-m shall cease and terminate as of the date of the condemnor taking 
possession in such proceeding and Licensee shall have no elaim to any condemnation 
proceeds. If a partial taking or condemnation is not extensive enough to render the Use 
Area unsuitable for the Permitted Use, Licensee shall restore the Use Area to a 
condition comparable to its condition at the time of such condemnation less the portion 
lost in the taking and this Agreement shall continue in full force and effect, with 
condemnation proceeds being used to restore the Use Area and any excess being 
retained by City. Licensee acknowledges that City from time to time may have or 
acquire, and may use, the power to condemn the Use Area or any interests therein or 
rights thereto. Licensee on behalf of all persons claiming under this Agreement 
unconditionally and iixevocably waives any right to contest City’s power to take or the 
proper exercise of such power. This paragraph does not limit City’s power to terminate 
this Agreement as provided elsewhere in this Agreement.
ARTICLE 14. DAMAGE TO OR DESTRUCTION OF USE AREA
14.1. 
Damage to or Destruction of Use Area. If the Use Ar ea is damaged by fire, explosion, 
the elements, the public enemy, or other casualty through no fault of Licensee and the 
cost of repair exceeds Thi ee TTiousand Dollars ($3,000.00), Licensee may elect within 
thirty (30) days after the damage to give notice to City terminating this Agreement. 
Otheiwise, Licensee shall restore the damage to the Use Area at Licensee’s sole cost 
and expense.
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ARTICLE 15. COMPLIANCE WITH LAW
15.1. 
Compliance with Law. Licensee shall perform its obligations under this Agreement in 
accordance with all federal, state, county and local laws, ordinances, regulations or 
other rules or policies as are now in effect or as may hereafter be adopted or amended.
15.2. 
Applicability of Municipal Law. Without limitation. Licensee shall comply with 
municipal laws as follows:
15.2.1. Licensee acknowledges that this Agreement does not constitute, and City 
has not promised or offered, any type of waiver of or agreement to waive 
(or show any type of forbearance, priority, or favoritism to Licensee with 
regard to) any law, ordinance, power, regulation, tax, assessment, or other 
legal requirement now or hereafter imposed by the City of Scottsdale or any 
other governmental body upon or affecting Licensee, Use Area, Adjacent 
City Property, or Licensee's use of Use Area or Adjacent City Property.
15.2.2. In the case of an ordinance or other law of the City authorizing a credit, 
reduction in tax or amount charged or assessed, or any other benefit as a 
result of performances rendered under this Agreement, Licensee expressly
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waives, relinquishes, and repudiates all such benefits with respect to 
performances rendered under this Agreement.
15.2.3. This Agreement does not impah City’s power to enact, apply, or enforce 
any laws or regulations or exercise any governmental powers affecting in 
any way Licensee, the Use Area, the Adjacent City Property, or the 
Licensee’s Parcel.
15.2.4. City's rights and remedies hereunder for Licensee’s failure to comply with 
all applicable laws supplement and are in addition to and do not replace 
otherwise existing powers of the City of Scottsdale or any other 
governmental body.
15.3. Food Laws. Licensee shall at all times comply with all applicable federal, state. City, 
county, and other lawfully promulgated health, food, and drug rules, regulations, 
standards, laws, and ordinances. Licensee shall at its own expense obtain and maintain 
all necessaiy licenses and permits permitting the sale of food and beverages at the Use 
Area.
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15.4. 
Permits. Licensee shall obtain at its own expense all building or other permits in 
connection with any constiuction performed by Licensee and shall comply with all 
zoning, building safety, fire, and similar laws and procedures of every description.
15.5. 
Governmental Relations. Licensee shall conduct its activities at the Use Area in 
coordination with City as necessary to maintain good relations with all governmental 
entities having jurisdiction over the Use Aiea and shall immediately give City notice 
of any actual or threatened dispute, violation, or other disagreement relating to the Use 
Area.
15.6. 
Public Safety. If City determines that any Licensee equipment, improvements, or 
activities present a hazard to the public or to City, to City’s equipment or facilities, or 
to City’s ability to safely and conveniently operate the Use Area, the adjoining Right- 
of-way, or other nearby public lands, or perform City’s utility, public safety, and other 
public, health, safety, and welfare functions. Licensee shall immediately remedy the 
hazard, comply with City’s requests to secure the Use Area, the adjoining Right-of- 
way, or other nearby public lands, and otherwise cooperate with City at no expense to 
City in performing any and all of such functions.
15.7. 
Security Requirements. Licensee shall participate in any public safety program 
promulgated from time to time by the City of Scottsdale Police Department or other 
law enforcement agency selected by City. Licensee shall reasonably cooperate with 
City and the City of Scottsdale Police rcgarding concerns and countermeasures 
affecting security and related risks of business and other operations and activities at 
and near the Use Area.
15.8. 
Taxes. Liens and Assessments. In addition to all other Use Fees herein provided. 
Licensee shall pay, when due and as the same become due and payable, all taxes and 
general and special fees, charges, and assessments of every description which during
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the Term may be levied upon or assessed against the Use Area, the operations 
conducted therein, any Use Fees paid or other performances under this Agreement by 
either party, and all possessory interest in the Use Area and improvements and other 
property thereon, whether belonging to the City or Licensee; and Licensee agrees to 
indemnify, defend, and hold hannless City and the Use Area and such property and all 
interest therein and improvements thereon from any and all such taxes and assessments, 
including any interest, penalties, and other expenses that may be imposed, and from 
any lien therefor or sale or other proceedings to enforce payment thereof. Licensee may 
contest, but not the right to refuse to timely pay, any taxes and assessments. City may 
from time to time to require that all of the foregoing payments be made by Licensee 
through City. Licensee shall pay all sales, transaction privilege, and similar taxes.
ARTICLE 16. ASSIGNMENTS
16.1. Assignments Generally. Licensee shall not voluntarily or involuntarily assign, convey, 
or transfer the right to use the Use Area or any interest therein or any rights under this 
Agreement, in whole or in part, or allow others to use, occupy, manage, control, or 
operate the Use Area, in whole or in part, without the prior written consent of City. If 
Licensee will have a tenant, upon notification of the identity of the tenant. City in its 
sole discretion may consent to Licensee’s tenant’s use of the Use Area solely for 
outdoor dining as set forth in this Agreement. The City may revoke its consent in its 
sole discretion in the event of a breach of any term of the Agreement by Licensee or its 
tenant.
16.2.
16.1.1. Assignment Fee. If Licensee desires to assign this Agreement, Licensee 
shall pay to City the sum of One Thousand Dollars ($1,000.00) as a fee for 
legal and administrative expenses before making any request for consent to 
an assignment.
16.1.2. Form of Assignment. Any assigmiient shall be by agreement in form and 
content acceptable to the City. Without limitation, any assignment shall 
specify and require that each assignee acquiring any interest under this 
Agreement shall assume, be bound by, and be obligated to perform the 
terms and conditions of this Agreement and that, if City terminates this 
Agreement because of default by Licensee, City at City's sole option may 
succeed to tlie position of Licensee as to any assignee of Licensee without 
liability for any prior breaches or performances by persons other than City.
16.1.3. Assignment Approvals. City has the absolute right for any reason or for no 
reason in its sole discretion to give or withhold consent to any assignment. 
City may elect to amend this Agreement as a precondition to consenting to 
any assignment.
Prohibited Assignments. A prohibited assignment shall be void and vest no rights in 
the assignee. Notwithstanding the foregoing. City may, in its sole discretion and in 
addition to all other remedies available to City under this Agreement or otherwise, 
collect the Use Fee from an assignee and apply the net amount collected to the Use Fee
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Contract No. 2026-067-COS

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required to be paid hereunder or void the assignment, all without prejudicing any other 
right or remedy of City under this Agreement. No cure or grace periods shall apply to 
prohibited assignments or to enforcement of this Agreement against an assignee who 
did not receive City's prior written consent.
16.3. 
Liens Prohibited. Licensee shall not voluntarily or involuntarily pledge, lien, mortgage, 
grant a security interest or deed of trust, or allow any judgment, claim, demand, or lien 
(collectively hereinafter, “Liens”) to accrue against the Use Area.
16.4. 
Lien Payment. Licensee shall pay all Liens as the same become due, and in any event 
before any judicial or non-judicial action or proceeding is commenced to enforce a 
Lien. Licensee shall pay, indemnify, defend, and hold City and the Use Area free and 
harmless for, from, and against any and all Liens, together with all liability, costs, and 
expenses in connection therewith, including attorney's fees. City may at any time post 
and maintain on the Use Ai-ea such notices, pay such amounts, file or record such 
notices, or take such other actions as City may deem necessary to protect City and its 
property interests against all Liens.
16.5. 
Assignment of Licensee’s Paroel. No grant or other transfer of fee title to the 
Licensee’s Parcel shall occur without a coiresponding assignment of Licensee’s rights 
under this Agreement to the same grantee. In addition to all of City's other remedies. 
City may unilaterally temiinate this Agreement if this Agreement is not assigned to and 
assumed by any grantee of the Licensee’s Parcel, even if the assignment is prevented 
by City’s failure to consent to such assignment.
ARTICLE 17. MISCELLANEOUS
17.1. 
Amendments and Assignments. This Agreement may only be amended or assigned by 
a formal writing executed by the licensee and contract administrator.
17.2. 
Limited Severability. If any term, condition, covenant, stipulation, agreement, or 
provision herein contained (a “Provision”) is held to be invalid or unenforceable for 
any reason, the invalidity of such Provision shall in no way affect any other Provision 
herein contained. Further, this Agreement shall be deemed automatically reformed to 
secure to City the legal, equitable, practical, and other benefits of the Provisions of this 
Agreement as written to the veiy maximum extent peimitted by law.
17.3. 
Conflicts of Interest. No member, official, or employee of City shall have any direct 
or indirect interest in, nor participate in any decision relating to, this Agreement that is 
prohibited by law.
17.4. No Partnership. This Agreement and the transactions and performances contemplated 
hereby shall not create any partnership, joint venture, or similar relationship between 
the parties.
17.5. Nonliability of City Officials and Employees. No member, official, representative, or 
employee of City shall be personally liable or otheiwise responsible to any paity or to 
any successor in interest to any party for any default or breach by City or for any
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performance or amount that may become due to any party or successor or with respect 
to any obligation of City or otherwise under the terms of this Agreement or related to 
this Agreement.
17.6. 
Time of Essence. Time is of the essence of each and every provision of this Agreement.
17.7. 
Integration. This Agreement constitutes the entire agreement between the parties with 
respect to the subject matter hereof and supersedes any prior agreement, understanding, 
negotiation, or representation regarding the subject of this Agreement.
17.8. 
Construction. Whenever the context of this Agreement requires, the singular shall 
include the plural, and the masculine shall include the feminine. This Agreement shall 
be construed according to its plain meaning and neither for nor against any party hereto. 
Licensee acknowledges that the Use Fee payable hereunder was negotiated in light of 
the plain meaning of this Agreement, and this Agreement shall therefore be interpreted 
according to its plain meaning and without regard to mles of interpretation, if any, that 
might otherwise favor Licensee.
17.9. 
Paragraph Headings. The paragraph headings contained herein are for convenience in 
reference only and not intended to define or limit the scope of any provision of this 
Agreement.
17.10. No Third-Party Beneficiaries. Except for limited provisions, if any, expressly stated to 
be “for the benefit of’ a third party, no person or entity shall be a third-party beneficiary 
to this Agreement or shall have any right or cause of action hereunder. City shall have 
no liability to third parties for any approval of plans. Licensee’s construction of 
improvements. Licensee’s negligence. Licensee’s failure to comply with the provisions 
of this Agreement (including any absence or inadequacy of insurance required to be 
carried by Licensee), or otherwise because of the existence of this Agreement.
17.11. Attorneys' Fees. If any action, suit, or proceeding is brought by either party to enforce 
compliance with this Agreement or for failure to obser-ve any of the terms of this 
Agreement or to vindicate or exercise any rights or remedies hereunder, the party which 
does not prevail shall pay all costs of such action or suit and all expenses of such action 
or suit together with such sum as the court may adjudge reasonable as attorneys' fees 
to be allowed in said suit, action, or proceeding.
17.12. Choice of Law. This Agreement shall be governed by the laws of the State of Arizona. 
Exclusive proper venue for any action regarding this Agreement shall be Maricopa 
County.
17.13. Approvals and Inspections. All approvals, reviews and inspections by City under this 
Agreement or otherwise are for City’s sole benefit and not for Licensee’s benefit.
17.14. Statutory Cancellation Right. In addition to its other rights hereunder. City shall have 
the rights specified in A.R.S. § 38-511.
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17.15. Notices. Notices hereunder shall be given in writing personally served upon the other 
party or mailed by i-egistered or certified mail, return receipt requested, postage prepaid 
addressed to;
If to City; 
Real Estate Asset Manager
City of Scottsdale
7447 East Indian School Road, Suite 205 
Scottsdale, AZ 85251
Copies to; 
City Attorney
City of Scottsdale
3939 North Drinkwater Boulevard
Scottsdale, AZ 85251
If to Licensee; Masyno Canal Building, LLC 
P.O. BOX 520 
Coolidge, Arizona 85128 
Attn; Ahmed Bibars
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Copies to; GIOIA, LLC
7114 E Stetson Dr.
Suite #110
Scottsdale, Aiizona 85251 
Attn; Sima Verzino
or to such other street address within Maricopa County, Arizona as may be designated 
by the respective parties in writing from time to time. Notices to Licensee may instead 
be hand delivered to Licensee’s Paicel. Service of notice by mail shall be deemed to 
be complete forty-eight (48) hours after the notice is deposited in the United States 
mail.
Should City create invoices, they may be sent to Licensee via email to: 
Ahmed.bibars@raasyno.com
With a copy to:
Melanie@marcellinoristorante.com
17.16. Funding. Notwithstanding any provision of this Agreement, if funds necessary to fulfill 
City’s obligations under this Agreement are not appropriated by the Scottsdale City 
Council, City may terminate this Agreement by ten (10) days’ notice to Licensee. 
Termination in accordance with this provision shall not constitute a breach of this 
Agreement by City. No person will be entitled to any compensation, damages, or other 
remedy from City if this Agreement is terminated pursuant to the terms of this 
subsection.
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17.17. Further Assurances. Licensee agrees to do such flirther acts and things and to execute 
and deliver such additional agreements and instruments as City may reasonably require 
to consummate, evidence, confirm, and carry out the agreement contained herein.
17.18. Survival of Liability. All obligations of Licensee hereunder and all wan-anties and 
indemnities of Licensee hereunder shall survive termination of this Agreement for any 
reason.
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ContiactNo. 2026-067-COS

IN WITNESS WHEREOF, the Parties have executed this Agreement by signing their signatures 
as of the day and date first written above.
LICENSEE: Masyno Canal Building, LLC
an Arizona limited liability company
By; Masyno Holdings, LLC
a Delaware limited liability company
Its: Manager
By:___________________________________
Anthony Bibais (also known as Maen Bibars) 
Its: Manager
And/Or
By; Masyno Holdings, LLC,
a Delawaie limited liability company
Its: 
Manager
By:_________________________________
Kal Bibars (also known as Khaldoon Bibais)
Its: Manager
ACKNOWLEDGMENT 
State of
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The forcgoing instrument was acknowledged before me this
by_____________________________ ,_____________
of
day of _
20
My Commission Expires:
Notary Public
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Contract No. 2026-067-COS

ATTEST:
Ben Lane, City Clerk
CITY:
CITY OF SCOTTSDALE, 
an Arizona municipal corporation
Lisa Borowsky, Mayor
APPROVED AS TO FORM:
OFFICE OF^E^CITY ATTORNEY
Lois^. Santaella, Interim City Attorney
By: Joe Padilla, Deputy City Attorney
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Contract No. 2026-067-COS

EXHIBIT A
Legal Description for a portion of the Plaza Parcel (Lot 2) of the Stetson Canal subdivision, 
as recorded in Book 905 of Maps, Page 42, MCR 
Basis of Bearing: South 43°05’19” West, along the North property line of the West Retail 
Parcel (Lot 3) of the Stetson Canal subdivision, as recorded in Book 905 of Maps, Page 42, 
MCR, from the Northernmost corner of said West Retail Parcel a distance of 101.27 feet to 
a deflection point in the North property line of said West Retail Parcel.
Commencing at tlie Northernmost comer of the West Retail Parcel (Lot 3) of the Stetson Canal 
subdivision, as recorded in Book 905 of Maps, Page 42, MCR, which is the Westernmost comer 
of the Plaza Parcel (Lot 2) of the Stetson Canal subdivision;
Thence South 47°58’00” East, along the East line of said West Retail Parcel (Lot 3), which is the 
West line of said Plaza Parcel (Lot 2), a distance of 21.45 feet to the True Point of Beginning.
Thence North 41 °57’36” East, leaving the East line of said West Retail Parcel (Lot 3), which is 
the West line of said Plaza Parcel (Lot 2), a distance of 11.49 feet to a point on a non-tangent 
curve with a radius of40.67 feet;
Thence along said curve, having a radius of40.67 feet, with its center bearing North 54°01 ’37” 
East having a chord length of 20.68 feet bearing South 50°42’03” East, with an arc length of 
20.91 feet and an included angle of 29°27’20” to a point;
Thence South 16“35’20” East, a distance of 9.70 feet to a point on a non-tangent curve with a 
radius of 20.21 feet;
Thence along said curve, having a radius of 20.21 feet, with its center bearing South 16°33’29” 
East having a chord length of 6.50 feet bearing North 82°42’08” East, with an arc length of 6.53 
feet and an included angle of 18°31’ 14” to a point;
Thence South 00°09’3r’ West, a distance of 7.77 feet to a point on a non-tangent curve with a 
radius of 11.97 feet;
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Contract No. 2026-067-COS

Thence along said curve, concave right, having a radius of 11.97 feet, with its center bearing 
South 02“00’18” East having a chord length of 7.44 feet bearing South 69°53’53” West, with an 
arc length of 7.56 feet and an included angle of 36°11 ’38” to a point on the East line of said 
West Retail Parcel (Lot 3), which is the West line of said Plaza Parcel (Lot 2);
Thence North 47°58’00” West, along the East line of said West Retail Parcel (Lot 3), which is 
the West line of said Plaza Parcel (Lot 2), a di.stance of 34.87 feet to return to the Ti-ue Point of 
Beginning.
The above-described tract contains 389.1744 square feet or 0.0089 acres, more or less.
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[ EDWARD GOOKIN
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Exhibit A
Contract No. 2026-067-COS

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J 49096 
EDWARD GOOKIN
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LINE TABLE
LINELENGTH BEARING
L1 11.49’ N4r57’36"E
L2 9.70' 
S16'’35'20"E
L3 7.77’ S00'’09’31’’W
L4
34.87’ N47°58'00”W
/
L5
21.45' S47'’58’00"E
N
ft
\
/
VS
ft
PLAZA 
PARCEL 
(LOT 2)
20
0
10
SCALE IN FEET
r'=10'
NORTHERNMOST >
\
v
-O
CORNER OF WEST 
RETAIL PARCEL 
WHICH IS THE 
WESTERNMOST 
CORNER OF PLAZA 
PARCEL
7
■7
TRUE POINT OF 
BEGINNING
DEFLECTION POINT 
IN NORTH LINE OF 
WEST RETAIL 
PARCEL
C2
CO
-C
WEST RETAIL PARCEL 
(LOT 3)
CURVE TABLE
BEARING TO RADIUS 
POINT
CHORD CHORD DIRECTION
CURVE LENGTH RADIUS DELTA
Cl
20.91’ 
40.67’ 29'27’20'’ 20.68’
S50"42’03"E
N54‘’01'37'’E
6.53’ 
20.21’ 18‘’31’14" 6.50'
N82*’42’08’'E
S16'’33’29"E
C2
11.97’ 36” 11’38" 7.44’
S69”53'53"W
S02"00’18"E
C3
7.56’
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Exhibit A
Contract No. 2026-067-COS

Exhibit B
Unit 110, Building A 
Stetson Canal Condominium 
Book 910, Page SO, M.C.R
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Commencing At a Point 48.59 Feet North And 56.81 Feet West of The Southeast Comer of The West 
Retail Parcel (Lot 3) Of the Stetson Canal Condominiums, Being the Southeast Interior Comer of Unit 
110 On the First Floor and the Point of Beginning,
Thence S4P 12' 50"W A Distance Of 31.11 Feet to A Point;
Thence S48° 46' 58"E A Distance Of 1.14 Feet to A Point;
Thence S4r 13’ 00"W A Distance Of27.57 Feet to A Point;
Thence N42‘’ 46' 58"W A Distance Of 2.70 Feet to A Point;
Thence S47" 13'02"W A Distance Of 9.54 Feet to A Point;
Thence N42“ 46' 58"W A Distance Of 0.29 Feet to A Point;
Thence 847“ 13' 02"W A Distance Of 2.58 Feet to A Point;
Thence N48° 47' 12"W A Distance Of 3.98 Feet to A Point;
Thence S41 ° 12’ 48" W A Distance Of 19.02 Feet to A Point;
Thence N48“ 46' 58"W A Distance Of 23.72 Feet to A Point;
Thence S41 “ 13’ 02"W A Distance Of 7.19 Feet to A Point;
Thence S41 “ 13' 06"W A Distance Of 53.48 Feet to A Point;
Thence N48“47’ IT'W A Distance Of22.20 Feet to A Point;
Thence N47“ 35' 01 "E A Distance Of 53.81 Feet to A Point;
Thence S48“ 46'58"E A Distance Of 6.35 Feet to A Point;
Thence N41“ 13' 02"E A Distance Of22.54 Feet to A Point;
Thence N48‘’ 46' 58"W A Distance Of 5.44 Feet to A Point;
Thence N4r 13’ 02"E A Distance Of 73.15 Feet to A Point;
Thence S48“ 46' 58"E A Distance Of 16.00 Feet to A Point; .
Thence N41 ° 28'27"E A Distance Of 0.95 Feet to A Point;
Thence S48° 46' 58"E A Distance Of 30.1 !■ Feet to the Point of Beginning. '
The Above-Described Unit Contains 4996 Square Feet, More or Less.
EXHIBIT B
Contract No. 2026-067-COS 
PAGE 1 OF 3
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The Physical Boundaries Of The Unit Are The Interior Unfinished Surfaces Of The Perimeter Walls, 
Floors, Ceilings, Doors, And Windows Of The Unit With ; (I) The Underside Of The Ceiling Trusses As 
The Top Horizontal Boundary; (li) The Top Of The Finished But Undecorated Floors Shall Be The 
Bottom Horizontal Boundaiy; And (lii) Tlie Interior Of The Finished But Undecorated Walls Shall Be 
The Vertical Boundaries As Recorded In The Stetson Canal Condominium Plat, Book 910, Page 50, 
M.C.R.
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EXHIBIT B
PAGE 2 OF 3
Contract No. 2026-067-COS

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L19
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L17
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L15
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L13
FENCED
STORAGE
-L20
L21
UNIT no 
4,996 S.F.
Exhibit B
Unit no, Building A 
Stetson Canal Condominium 
Book 910, Page 50, M.C.R.
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SCALE IN FEET 
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PAGE 3 OF 3
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Line Table
Line#
Length
Direction
L1
31.ir 
S41M2'50’‘W
L2
1.14' 
S48M6'58"E
L3
27.57’ 
S41" t3' 00"W
L4
2.70' 
N42'’ 46’ 68"W
L6
9.54’ 
S47' 13’ 02"W
L6
0.29’ 
N42‘’ 46’ 68"W
L7
2.58’ 
847* 13’ 02"W
L8
3.98’ 
N48'’47’12"W
L9
19.02’ 
841*12’48"W
L10 
23.72' 
N48*46’68"W
L11
7.19’ 
841*13’02”W
L12 
53.48’ 
841*13’06"W
L13 
22.20’ 
N48*47’11”W
L14
53.81’ 
N47* 35’ 01"E
LI 5
6.35' 
848* 46’ 68”E
L16
22.54’ 
N41* 13’ 02"E
L17
6.44’ 
N48*46’68"W
L18
73.16’ 
N41* 13’ 02”E
L19
16.00’ 
848*46'58"E
L20 
0.95’ 
N41* 28’ 27"E
L21
30.11’
848* 46’ 58"E
Contract No. 2026-067-COS
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