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HomeMy WebLinkAbout2014 CON Christmas in July - Granger Music Hall Parking Lot License AgreementLICENSE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CHRISTMAS IN JULY* NATIONAL CITY This License Agreement is entered into this 21' day of October, 2014, between the CITY OF NATIONAL CITY. a municipal corporation ("CITY") and CHRISTMAS IN JULY * NATIONAL CITY, a 501(c)(3) nonprofit corporation ("LICENSEE"). RECITALS A. The CITY is the owner of the Granger Music Hall and the adjacent parking lot located at 1615 East 4th Street in National City, California, described as APN 554-050-11 (``the Property"). B. The LICENSEE coordinates volunteers who repair, rehabilitate, and modify homes in the CITY for low-income homeowners who are elderly or disabled, or both, and their families through focused clean-up efforts, curbside appeal projects such as house painting, window and door replacement, critical home repair, accessibility modifications, focused energy efficiency upgrades, and trash and debris removal. C. The LICENSEE currently stores items such as gardening tools, painting supplies, and home repair supplies including, but not limited to, rakes, lawn mowers, paint. paint brushes, windows, and doors (collectively, the "Supplies and Equipment") on CITY - owned property located at 2101 Hoover Street in National City, California. D. The LICENSEE is required to vacate the premises at 2101 Hoover Street and desires to temporarily store its Supplies and Equipment in three storage containers on the northwest corner of the Property, depicted in Exhibits "A" and "B", which are attached to and incorporated into this Agreement. In addition, the LICENSEE desires to store a truck owned by LICENSEE and a Volkswagen chassis that has been converted to look like a train for use in parades and other events (the "Train") owned by the National City Host Lions Club on the Property. Further, LICENSEE desires to have a dumpster for its use on the Property. E. The CITY will provide LICENSEE with two storage containers for LICENSEE to use during the duration of this License Agreement. LICENSEE will provide one storage container for its use during the duration of this License Agreement. F. Pursuant to City Council Policy Number 803, titled "Facility Use Guidelines and Regulations for the Use of the Martin Luther King Jr. Community Center and Granger Music Hall", local non-profit organizations that routinely and regularly provide support to the City of National City may be exempted from rental fees for the use of the Community Center and Music Hall properties. NOW THEREFORE, the parties mutually agree as follows: 1. Grant of License. The CITY grants to the LICENSEE a temporary, non-exclusive license to do the following: (i) to place a storage container on the Property; (ii) to store its Supplies and Equipment in that storage container and the two storage containers placed on the Property by the CITY; (iii) to store a truck owned by LICENSEE on the Property; (iv) to store the Train on the Property; (v) to allow a dumpster to be placed on the Property and for that dumpster to be emptied; and (vi) to enter onto the Property to access its Supplies and Equipment stored in the storage containers, the truck, the Train and the dumpster. 2. Effective Date and Length of the License Agreement. This License Agreement will become effective on October 21, 2014. The duration of this License Agreement is one year from October 21, 2014 through October 20, 2015. Prior to the expiration of the term of this License Agreement, the term may be extended for one year upon the mutual agreement, in writing, of the parties. 3. Consideration. The CITY exempts the LICENSEE from any rental fees for the use of the Property and the CITY -owned storage containers pursuant to City Council Policy Number 803 provided that the LICENSEE routinely and regularly provides support to the CITY during the term of this License Agreement, including any extension of the term. 4. Vacation of 2101 Hoover Street. LICENSEE shall remove its Supplies and Equipment, and every other item it is currently storing at 2101 Hoover Street by November 21, 2014. LICENSEE shall leave the area it used for storage clean and free of debris. LICENSEE understands and agrees that anything left at 2101 Hoover Street after that date shall be removed by the CITY and discarded. 5. Access and Security. LICENSEE shall be responsible for the security of the three storage containers. The LICENSEE shall keep the three storage containers locked at all times except when it is actively accessing its Supplies and Equipment. The CITY will erect a fence around the perimeter of the Property, including a gate with a lock. In addition, the CITY may install security cameras on or near the Property. The CITY shall have access to the Property at all times, but shall not have access to the three storage containers. The CITY and the LICENSEE shall keep the gate locked at all times except when either party is actively on the Property. LICENSEE agrees that the CITY shall not be liable for any loss or damage, of any nature and however caused, to the storage containers, the Supplies and Equipment, its truck, the Train, or the dumpster. 6. As-ls Condition and Assumption of Risk. The LICENSEE accepts the condition of the Property as -is with any and all defects or hazards, whether or not known or suspected, and acknowledges that: i) the CITY is under no obligation to provide any additional preparations or improvements to the Property prior to use by LICENSEE, and ii) its use of the Property is entirely at its own risk. 7. Hazardous Materials. LICENSEE shall not cause or permit any Hazardous Materials to be brought, kept, or used in or about the Property by LICENSEE, its agents, employees, assigns, contractors, or invitees. For the purposes of this Section, "Hazardous Materials" means: 2014 License Agreement 2 City of National City and Christmas in July* National City (1) Those substances included within the definitions of "hazardous substance," "hazardous waste," "hazardous material," "toxic substance,- "solid waste," "pollutant" or "contaminant" in the Comprehensive Environmental Response. Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.); the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.); the Clean Water Act (33 U.S.C. Section 2601 et seq.); the Toxic Substances Control Act (15 U.S.C. Section 9601 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. Section 1801 et seq.); or under any other Environmental Laws. (2) Those substances included within the definitions of "Extremely Hazardous Waste," `'Hazardous Waste," or `Restricted Hazardous Waste," under Sections 25115, 25117 or 25122.7 of the California Health and Safety Codc, or is listed or identified pursuant to Sections 25140 or 44321 of the California Health and Safety Code. (3) Those substances included within the definitions of "Hazardous Material", "Hazardous Substance", "Hazardous Waste", "Toxic Air Contaminant" or "Medical Waste" under Sections 25281, 25316, 25501, 25501.1, 25023.2, or 39655 of the California Health and Safety Code. (4) Those substances included within the definitions of "Oil" or a "Hazardous Substance" listed or identified pursuant to Section 311 of the Federal Water Pollution Control Act, 33 U.S.C. Section 1321, as well as any other hydrocarbonic substance or by-product. (8) "Those substances included within the definitions of "Hazardous Waste", Extremely Hazardous Waste" or an "Acutely Hazardous Waste" pursuant to Chapter 11 of Title 22 of the California Code of Regulations. Those substances listed by the State of California as a chemical known by the State to cause cancer or reproductive toxicity pursuant to Section 25249.9(a) of the California Health and Safety Code. Any material that due to its characteristics or interaction with one or more other substances, chemical compounds, or mixtures, damages or threatens to damage, health, safety, or the environment, or is required by any law or public agency to be remediated, including remediation which such law or public agency requires in order for the property to be put to any lawful purpose. Any material whose presence would require remediation pursuant to the guidelines set forth in the State of California Leaking Underground Fuel Tank Field Manual, whether or not the presence of such material resulted from a leaking underground fuel tank. (9) Pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et seq. (10) Asbestos, PCBs, and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq. 2014 License Agreement 3 City of National City and Christmas in July* National City (11) Any radioactive material including, without limitation, any ``source material", "special nuclear material", "by-product material", "low-level wastes", "high-level radioactive waste", "spent nuclear fuel" or "transuranic waste", and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act, 42 U.S.C. Sections 2011 et seq., the Nuclear Waste Policy Act, 42 U.S.C. Sections 10101 et seq., or pursuant to the California Radiation Control Law, California Health and Safety Code Sections 25800 et seq. (12) Any material regulated under the Occupational Safety and Health Act, 29 U.S.C. Sections 651 et seq., or the California Occupational Safety and Health Act, California Labor Code Sections 6300 et seq. (13) Any material regulated under the Clean Air Act, 42 U.S.C. Sections 7401 et seq. or pursuant to Division 26 of the California Health and Safety Code. (14) Those substances listed in the United States Department of Transportation Table (49 CFR Part 172.101), or by the Environmental Protection Agency, or any successor agency, as hazardous substances (40 CFR Part 302). (15) Other substances, materials, and wastes that are or become regulated or classified as hazardous or toxic under federal, state, or local laws or regulations. (16) Any material, waste or substance that is a petroleum or refined petroleum product, asbestos, polychlorinated biphenyl, designated as a hazardous substance pursuant to 33 U.S.C. Section 1321 or listed pursuant to 33 U.S.C. Section 1317, a flammable explosive or a radioactive material. 8. Indemnification. The LICENSEE agrees to defend, indemnify and hold harmless the CITY, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of this License Agreement, provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, or employees. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this License Agreement for any alleged or actual omission, act, or negligence under this License Agreement that occurred during the term of this License Agreement. 9. Insurance. The LICENSEE, at its sole cost and expense, shall purchase and maintain, throughout the term of this License Agreement, the following insurance policies: (1) Automobile Insurance covering all bodily injury and property damage incurred during the performance of this License Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents, and employees as additional insureds, and a separate additional insured endorsement shall be provided. 2014 License Agreement 4 City of National City and Christmas in July* National City (3) (2) Commercial General Liability Insurance, with minimum limits of S1,000,000 per occurrence and $2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this License Agreement. The policy shall name the CITY and its officers, agents, and employees as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of LICENSE's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. The endorsement shall be provided prior to commencement of the term of this Agreement. If the LICENSEE has no employees subject to the California Workers' Compensation and Labor laws, the LICENSEE shall execute a Declaration to that effect. The Declaration shall be provided to the LICENSEE by the CITY. (4) These policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under this insurance. These policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. If the required insurance coverage is provided on a "claims made" rather than "occurrence" form, the LICENSEE shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this License Agreement. In addition, the "retro" date must be on or before the date of this License Agreement. (6) The Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. This License Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with, and approved by the CITY'S Risk Manager. If the LICENSEE does not keep all of such insurance policies in full force and effect at all times during the term of this License Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this License Agreement and terminate the License Agreement as provided herein. (5) (7) (8) All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 10. No Grant of Interest in the Property. This License Agreement constitutes a revocable license; nothing herein shall be construed as a grant of title or any interest in the Property. 2014 License Agreement 5 City of National City and Christmas in July* National City 11. Notices. All notices or other communications required or permitted under this License Agreement shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five days after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: LICENSEE: Christmas in July 1504 East 22nd Street National City, CA 91950 Attn: Lori Anne Peoples CITY: City of National City Housing, Grants, & Asset Management 140 East 12th Street, Suite B National City, CA. 91950 Attn: Property Agent 12. Maintenance of the Property. The LICENSEE shall, at all times during the term of this License Agreement, and any extensions of the term, maintain the Property in a clean and orderly manner free of any trash and debris. 13. Termination. This License Agreement may be terminated with our without cause by the CITY. Termination without cause shall be effective only upon sixty (60) days written notice to the LICENSEE. This License Agreement may be terminated immediately by the CITY for cause in the event of a breach of this License Agreement or misrepresentation by the LICENSEE in connection with the formation of this License Agreement. 14. Compliance with Laws. LICENSEE shall obtain and maintain all necessary permits, licenses and approvals, from the CITY or other relevant agencies, and comply with all current laws, ordinances, orders, rules, regulations, and permits with respect to its use of the Property pursuant to this License Agreement. 15. LICENSEE's Responsibilities upon Expiration or Earlier Termination of this License Agreement. Upon the expiration or earlier termination of this License Agreement, the LICENSEE shall have thirty days in which to remove its storage container from the Property and to remove all of its Supplies and Equipment from the storage containers provided by the CITY. if the LICENSEE does not remove its storage container from the Property or its Supplies and Equipment from the storage containers provided by the CITY within the thirty days, the CITY has the right, but not the obligation, to remove the storage container and the LICENSEE's Supplies and Equipment and the LICENSEE shall be liable to the CITY for the costs of the removal. Upon receipt of the notice of removal 2014 License Agreement 6 City of National City and Christmas in July* National City costs, the LICENSEE agrees to promptly reimburse the CITY for the removal costs incurred, plus an additional amount equal to ten percent thereof for administrative costs. The demand for payment by the CITY shall be prima facie evidence that the expense incurred was necessary and reasonable and that such expense was incurred by CITY on behalf of LICENSEE. This provision shall survive expiration or earlier termination of this License Agreement. 16. Assignment. This License Agreement may not be assigned or transferred nor shall LICENSEE have the right to sub -license any portion of the Property, without the prior written consent of the CITY. 17. Entire Agreement. This License Agreement contains the entire agreement and understanding of the parties with respect to the subject matter and cannot be amended or modified except by a written agreement, executed by each of the parties. IN WITNESS WHEREOF, the parties have executed this instrument the day and year first written above. CITY OF NATIONAL CITY, a municipal corporation By: n Morrison, Mayor APPROVED AS TO FORM: audia Gacit a Silva City Atto CHRISTMAS IN JULY*NATIONAL CITY, a California nonprofit corporation By: 01 a.alMASLLePILO LorJAnne Peoples President By gifg Brian Clapper Vice President 2014 License Agreement 7 City of National City and Christmas in July* National City EXHIBIT "A" Aerial of Property 2014 License Agreement 8 City of National City and Christmas in July* National City EXHIBIT "B" Depiction of License Area 2014 License Agreement 9 City of National City and Christmas in July* National City RESOLUTION NO. 2014 — 153 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT WITH CHRISTMAS IN JULY* NATIONAL CITY FOR A PORTION OF THE GRANGER MUSIC HALL PARKING LOT LOCATED AT 1615 EAST 4TH STREET, AND DIRECTING STAFF TO WORK WITH CHRISTMAS IN JULY * NATIONAL CITY TO FIND AN ALTERNATE SITE WHEREAS, the City of National City is the owner of the Granger Music Hall and the adjacent parking lot located at 1615 East 4th Street in National City ("the Property"); and WHEREAS, Christmas in July * National City ("Christmas in July") is a 501(c)3 non-profit corporation that coordinates volunteers who repair, rehabilitate, and modify homes in National City for low-income homeowners who are elderly or disabled, or both, and their families, through focused clean-up efforts, curbside appeal projects such as house painting, window and door replacement, critical home repair, accessibility modifications, focused energy efficiency upgrades, and trash and debris removal; and WHEREAS, Christmas in July currently stores items such as gardening tools, painting supplies, and home repair supplies including, but not limited to, rakes, lawn mowers, paint, paint brushes, windows, and doors (collectively, the "Supplies and Equipment") on City - owned property located at 2101 Hoover Street in National City; and WHEREAS, Christmas in July is required to vacate the premises at 2101 Hoover Street and desires to store its Supplies and Equipment in three storage containers on the northwest corner of the Property; and WHEREAS, the City will provide Christmas in July with two storage containers for Christmas in July to use during the duration of this License Agreement, and Christmas in July will provide one storage container for its use during the duration of this License Agreement; and WHEREAS, the proposed License Agreement also includes a provision allowing Christmas in July to store one EDCO dumpster and two vehicles, one truck owned by Christmas in July and a Volkswagon chassis vehicle owned by the National City Host Lions Club, on the northwest corner of the Property; and WHEREAS, pursuant to City Council Policy Number 803, titled "Facility Use Guidelines and Regulations for the Use of the Martin Luther King Jr. Community Center and Granger Music Hall", local non-profit organizations that routinely and regularly provide support to the City of National City may be exempted from rental fees for the use of the Community Center and Music Hall properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a License Agreement with Christmas in July* National City for a portion of the Granger Music Hall parking lot located at 1615 East 4th Street, in National City. Said License Agreement is on file in the Office of the City Clerk. BE IT FURTHER RESOLVED, that the City Council of the City of National City directs staff to work with Christmas in July* National City to find an alternate site. [Signature Page to Follow] Resolution No. 2014 — 153 Page Two PASSED and ADOPTED this 21st day of October, 2014. ATTEST: Mic ael R. Dalla, C y Clerk ROVED A acitua City Attorney Passed and adopted by the Council of the City of National City, California, on October 21, 2014 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Sotelo-Solis. Nays: None. Absent: Councilmember Rios. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Clerk of e City of Nation Riff, City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2014-153 of the City of National City, California, passed and adopted by the Council of said City on October 21, 2014. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 21, 2014 AGENDA ITEM NO. 13 TEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a License Agreement by and between the City and Christmas in July * National City for a portion of the Granger Music Hall parking lot located at 1615 Fourth Avenue, National City and directing staff to work with Christmas in July * National City in finding an alternate site location (Housing, Grants, and Asset Management) PREPARED BY: Docker Alejandro PHONE: 619 336-4266 EXPLANATION: (Please see attached background report). Housing, Grants, & Asset DEPARTMENT: anagement APPRO FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the resolution. BOARD / COMMISSION RECOMMENDATION: N/A TTACHMENTS: 1. ;Background report 2. License Agreement Background Report Christmas in July * National City (Christmas in July) has been using the city -owned property located at 2101 Hoover Ave in National City as early as 1992 as their primary place of business. The city -owned property located at 2101 Hoover Avenue has been "red tagged" by the City's Building Department in April 2014, and is therefore no longer available for occupancy due to safety. The large pre -fabricated metal warehouse currently at 2101 Hoover Avenue was paid for by funds granted to the City through the State of California Code Enforcement Grant Program. The warehouse was part of a larger code enforcement strategy in which Christmas in July had a role as a community partner. Staff has been actively coordinating with Christmas in July to explore options for relocation. In consideration of the services Christmas in July commits to providing for the public benefit of National City residents, staff is recommending that City Council consider entering into a short-term license agreement with Christmas in July to provide up to two large metal storage containers for their supplies. Staff has determined that the most viable location is the Granger Hall parking lot, located at 1615 E. 4th Street in National City. There will be three (3) large metal storage containers on the site, one provided by Christmas in July and the other two provided by the City. In addition, Christmas in July will store one (1) EDCO dumpster and two (2) vehicles within the Granger Hall parking lot, one owned by Christmas in July and the other owned by the Lions Club. Christmas in July will have ingress and egress access to the site in order for Christmas in July to store and retrieve their supplies and equipment from the storage containers. The City will not be liable for any damage, theft, etc. to any of Christmas in July's personal property, equipment, supplies, containers, or vehicles. Only City staff, authorized Christmas in July staff, and EDCO will have access to the Granger Hall parking lot site. Staff will work with Christmas in July in finding an alternate site location for them to use. LICENSE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CHRISTMAS IN JULY This License Agreement is entered into this 215t day of October, 2014, between the CITY OF NATIONAL CITY, a municipal corporation ("CITY") and CHRISTMAS IN JULY * NATIONAL CITY, a 501(c)(3) nonprofit corporation ("LICENSEE"). RECITALS A. The CITY is the owner of the Granger Music Hall and the adjacent parking lot located at 1615 East 4th Street in National City, California, described as APN 554-050-11 ("the Property"). B. The LICENSEE coordinates volunteers who repair, rehabilitate, and modify homes in the CITY for low-income homeowners who are elderly or disabled, or both, and their families through focused clean-up efforts, curbside appeal projects such as house painting, window and door replacement, critical home repair, accessibility modifications, focused energy efficiency upgrades, and trash and debris removal. C. The LICENSEE currently stores items such as gardening tools, painting supplies, and home repair supplies including, but not limited to, rakes, lawn mowers, paint, paint brushes, windows, and doors (collectively, the "Supplies and Equipment") on CITY - owned property located at 2101 Hoover Street in National City, California. D. The LICENSEE is required to vacate the premises at 2101 Hoover Street and desires to store its Supplies and Equipment in three storage containers on the northwest corner of the Property, depicted in Exhibit "A", which is attached to and incorporated into this Agreement. E. The CITY will provide LICENSEE with two storage containers for LICENSEE to use during the duration of this License Agreement. LICENSEE will provide one storage container for its use during the duration of this License Agreement. F. Pursuant to City Council Policy Number 803, titled "Facility Use Guidelines and Regulations for the Use of the Martin Luther King Jr. Community Center and Granger Music Hall", local non-profit organizations that routinely and regularly provide support to the City of National City may be exempted from rental fees for the use of the Community Center and Music Hall properties. NOW THEREFORE, the parties mutually agree as follows: Grant of License. The CITY grants to the LICENSEE a temporary, non-exclusive license to place a storage container on the Property, store its Supplies and Equipment in that storage container and the two storage containers placed on the Property by the CITY, and to enter onto the Property to access its Supplies and Equipment stored in the storage containers. 2. Effective Date and Length of the License Agreement. This License Agreement will become effective on October 21, 2014. The duration of this License Agreement is one year from October 21, 2014 through October 20, 2015. Prior to the expiration of the term of this License Agreement, the term may be extended for one year upon the mutual agreement, in writing, of the parties. 3. Consideration. The CITY exempts the LICENSEE from any rental fees for the use of the Property and the CITY -owned storage containers pursuant to City Council Policy Number 803 provided that the LICENSEE routinely and regularly provides support to the CITY during the term of this License Agreement, including any extension of the term. 4. Access and Security. LICENSEE shall be responsible for the security of the three storage containers. The LICENSEE shall keep the three storage containers locked at all times, except when it is actively accessing its Supplies and Equipment. The CITY will erect a fence around the perimeter of the Property, including a gate with a lock. In addition, the CITY may install security cameras on or near the Property. The CITY shall have access to the Property at all times, but shall not have access to the three storage containers. The CITY and the LICENSEE shall keep the gate locked at all times except when either party is actively on the Property. 5. As -Is Condition and Assumption of Risk. The LICENSEE accepts the condition of the Property as -is with any and all defects or hazards, whether or not known or suspected, and acknowledges that: i) the CITY is under no obligation to provide any additional preparations or improvements to the Property prior to use by LICENSEE, and ii) its use of the Property is entirely at its own risk. 6. Hazardous Materials. LICENSEE shall not cause or permit any Hazardous Materials to be brought, kept or used in or about the Property by LICENSEE, its agents, employees, assigns, contractors or invitees. For the purposes of this Section, "Hazardous Materials" means: (1) Those substances included within the definitions of "hazardous substance," "hazardous waste," "hazardous material," "toxic substance," "solid waste," "pollutant" or "contaminant" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.); the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.); the Clean Water Act (33 U.S.C. Section 2601 et seq.); the Toxic Substances Control Act (15 U.S.C. Section 9601 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. Section 1801 et seq.); or under any other Environmental Laws. (2) Those substances included within the definitions of "Extremely Hazardous Waste," "Hazardous Waste," or "Restricted Hazardous Waste," under Sections 25115, 25117 or 25122.7 of the California Health and Safety Code, or is listed or identified pursuant to Sections 25140 or 44321 of the California Health and Safety Code. (3) Those substances included within the definitions of "Hazardous Material", "Hazardous Substance", "Hazardous Waste", "Toxic Air Contaminant" or B-1 "Medical Waste" under Sections 25281, 25316, 25501, 25501.1, 25023.2, or 39655 of the California Health and Safety Code. (4) Those substances included within the definitions of "Oil" or a "Hazardous Substance" listed or identified pursuant to Section 311 of the Federal Water Pollution Control Act, 33 U.S.C. Section 1321, as well as any other hydrocarbonic substance or by-product. (5) Those substances included within the definitions of "Hazardous Waste", Extremely Hazardous Waste" or an "Acutely Hazardous Waste" pursuant to Chapter 11 of Title 22 of the California Code of Regulations. (6) Those substances listed by the State of California as a chemical known by the State to cause cancer or reproductive toxicity pursuant to Section 25249.9(a) of the California Health and Safety Code. (7) Any material that due to its characteristics or interaction with one or more other substances, chemical compounds, or mixtures, damages or threatens to damage. health, safety, or the environment, or is required by any law or public agency to be remediated, including remediation which such law or public agency requires in order for the property to be put to any lawful purpose. (8) Any material whose presence would require remediation pursuant to the guidelines set forth in the State of California Leaking Underground Fuel Tank Field Manual, whether or not the presence of such material resulted from a leaking underground fuel tank. (9) Pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et seq. (10) Asbestos, PCBs, and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. Section 2601 el seq. (11) Any radioactive material including, without limitation, any "source material", "special nuclear material", "by-product material", "low-level wastes", "high-level radioactive waste", "spent nuclear fuel" or "transuranic waste", and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act, 42 U.S.C. Sections 2011 et seq., the Nuclear Waste Policy Act, 42 U.S.C. Sections 10101 et seq., or pursuant to the California Radiation Control Law, California Health and Safety Code Sections 25800 et seq. (12) Any material regulated under the Occupational Safety and Health Act, 29 U.S.C. Sections 651 et seq., or the California Occupational Safety and Health Act, California Labor Code Sections 6300 et seq. (13) Any material regulated under the Clean Air Act, 42 U.S.C. Sections 7401 et seq. or pursuant to Division 26 of the California Health and Safety Code. B-1 (14) Those substances listed in the United States Department of Transportation Table (49 CFR Part 172.101), or by the Environmental Protection Agency, or any successor agency, as hazardous substances (40 CFR Part 302). (15) Other substances, materials, and wastes that are or become regulated or classified as hazardous or toxic under federal, state or local laws or regulations. (16) Any material, waste or substance that is a petroleum or refined petroleum product, asbestos, polychlorinated biphenyl, designated as a hazardous substance pursuant to 33 U.S.C. Section 1321 or listed pursuant to 33 U.S.C. Section 1317, a flammable explosive or a radioactive material. 7. Indemnification. The LICENSEE agrees to defend, indemnify and hold harmless the CITY, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of this License Agreement, provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, or employees. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this License Agreement for any alleged or actual omission, act, or negligence under this License Agreement that occurred during the term of this License Agreement. 8. Insurance. The LICENSEE, at its sole cost and expense, shall purchase and maintain, throughout the term of this License Agreement, the following insurance policies: (1) Automobile Insurance covering all bodily injury and property damage incurred during the performance of this License Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents, and employees as additional insureds, and a separate additional insured endorsement shall be provided. (2) Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this License Agreement. The policy shall name the CITY and its officers, agents, and employees as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of LICENSE'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. If the LICENSEE has no employees subject to the California Workers' Compensation (3) B-1 and Labor laws, the LICENSEE shall execute a Declaration to that effect. The Declaration shall be provided to the LICENSEE by the CITY. (4) These policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under this insurance. These policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. If the required insurance coverage is provided on a "claims made" rather than "occurrence" form, the LICENSEE shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this License Agreement. In addition, the "retro" date must be on or before the date of this License Agreement. (6) The Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESL1 list) and otherwise meet rating requirements. This License Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the LICENSEE does not keep all of such insurance policies in full force and effect at all times during the term of this License Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this License Agreement and terminate the License Agreement as provided herein. (8) All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. (5) (7) 9. No Grant of Interest in the Property. This License Agreement constitutes a revocable license; nothing herein shall be construed as a grant of title or any interest in the Property. 10. Notices. All notices or other communications required or permitted under this License Agreement shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five days after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: B-1 LICENSEE: CITY: Christmas in July 1504 East 22"a Street National City, CA 91950 Attn: Lori Peoples City of National City Housing, Grants, & Asset Management 140 East 12th Street, Suite B National City, CA. 91950 Attn: Property Agent 11. Maintenance of the Property. The LICENSEE shall, at all times during the term of this License Agreement, and any extensions of the term, maintain the Property in a clean and orderly manner free of any trash and debris. 12. Termination. This License Agreement may be terminated with our without cause by the CITY. Termination without cause shall be effective only upon seven days' written notice to the LICENSEE. This License Agreement may be terminated immediately by the CITY for cause in the event of a breach of this License Agreement or misrepresentation by the LICENSEE in connection with the formation of this License Agreement. 13. Compliance with Laws. LICENSEE shall obtain and maintain all necessary permits, licenses and approvals, from the CITY or other relevant agencies, and comply with all current laws, ordinances, orders, rules, regulations, and permits with respect to its use of the Property pursuant to this License Agreement. 14. LICENSEE's Responsibilities upon Expiration or Earlier Termination of this License Agreement. Upon the expiration or earlier termination of this License Agreement, the LICENSEE shall have thirty days in which to remove its storage container from the Property and to remove all of its Supplies and Equipment from the storage containers provided by the CITY. If the LICENSEE does not remove its storage container from the Property or its Supplies and Equipment from the storage containers provided by the CITY within the thirty days, the CITY has the right, but not the obligation, to remove the storage container and the LICENSEE's Supplies and Equipment and the LICENSEE shall be liable to the CITY for the costs of the removal. Upon receipt of the notice of removal costs, the LICENSEE agrees to promptly reimburse the CITY for the removal costs incurred, plus an additional amount equal to ten percent thereof for administrative costs. The demand for payment by the CITY shall be prima facie evidence that the expense incurred was necessary and reasonable and that such expense was incurred by CITY on behalf of LICENSEE. This provision shall survive expiration or earlier termination of this License Agreement. 15. Assignment. This License Agreement may not be assigned or transferred nor shall LICENSEE have the right to sub -license any portion of the Property, without the prior written consent of the CITY. B-1 16. Entire Agreement. This License Agreement contains the entire agreement and understanding of the parties with respect to the subject matter and cannot be amended or modified except by a written agreement, executed by each of the parties. IN WITNESS WHEREOF, the parties have executed this instrument the day and year first written above. "CITY" "LICENSEE" CITY OF NATIONAL CITY, CHRISTMAS IN JULY * NATIONAL a municipal corporation CITY, a California nonprofit By: Ron Morrison, Mayor By: (Name) APPROVED AS TO FORM: (Print) (Title) Claudia Gacitua Silva City Attorney By: (Name) (Print) (Title) B-1 EXHIBIT A Aerial of Property B-1 EXHIBIT B Depiction of License Area B-1 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT WITH CHRISTMAS IN JULY* NATIONAL CITY FOR A PORTION OF THE GRANGER MUSIC HALL PARKING LOT LOCATED AT 1615 EAST 4TH STREET, AND DIRECTING STAFF TO WORK WITH CHRISTMAS IN JULY * NATIONAL CITY TO FIND AN ALTERNATE SITE WHEREAS, the City of National City is the owner of the Granger Music Hall and the adjacent parking lot located at 1615 East 4th Street in National City ("the Property"); and WHEREAS, Christmas in July * National City ("Christmas in July") is a 501(c)3 non-profit corporation that coordinates volunteers who repair, rehabilitate, and modify homes in National City for low-income homeowners who are elderly or disabled, or both, and their families, through focused clean-up efforts, curbside appeal projects such as house painting, window and door replacement, critical home repair, accessibility modifications, focused energy efficiency upgrades, and trash and debris removal; and WHEREAS, Christmas in July currently stores items such as gardening tools, painting supplies, and home repair supplies including, but not limited to, rakes, lawn mowers, paint, paint brushes, windows, and doors (collectively, the "Supplies and Equipment") on City - owned property located at 2101 Hoover Street in National City; and WHEREAS, Christmas in July is required to vacate the premises at 2101 Hoover Street and desires to store its Supplies and Equipment in three storage containers on the northwest corner of the Property; and WHEREAS, the City will provide Christmas in July with two storage containers for Christmas in July to use during the duration of this License Agreement, and Christmas in July will provide one storage container for its use during the duration of this License Agreement; and WHEREAS, the proposed License Agreement also includes a provision allowing Christmas in July to store one EDCO dumpster and two vehicles, one truck owned by Christmas in July and a Volkswagon chassis vehicle owned by the National City Host Lions Club, on the northwest corner of the Property; and WHEREAS, pursuant to City Council Policy Number 803, titled "Facility Use Guidelines and Regulations for the Use of the Martin Luther King Jr. Community Center and Granger Music Hall", local non-profit organizations that routinely and regularly provide support to the City of National City may be exempted from rental fees for the use of the Community Center and Music Hall properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a License Agreement with Christmas in July* National City for a portion of the Granger Music Hall parking lot located at 1615 East 4th Street, in National City. Said License Agreement is on file in the Office of the City Clerk. BE IT FURTHER RESOLVED, that the City Council of the City of National City directs staff to work with Christmas in July* National City to find an alternate site. [Signature Page to Follow] Resolution No. 2014— Page Two PASSED and ADOPTED this 21st day of October, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk CHRISTMAS IN JULY* NATIONAL CITY License Agreement Portion of the Granger Music Hall Parking Lot locker Alejandro (Housing & Grants) Forwarded Copy of Agreement to Christmas in July