HomeMy Public PortalAboutAgreement_2013-01-16_Los Angeles Engineering IncLICENSE AGREEMENT
by and between
THE CITY OF TEMPLE CITY
and
LOS ANGELES ENGINEERING, INC.
Dated i- r ` t':�'
LA 94814-0468-2514 v)
LICENSE AGREEMENT
This LICENSE AGREEMENT ("License"), dated as of 1 N 1 2013, is
entered into by and between the CITY OF TEMPLE CITY, a charter la city and municipal
corporation (the "Licensor"), and LOS ANGELES ENGINEERING, a
(the "Licensee"), who agree as follows:
RECITALS
This License is made with reference to the following facts and circumstances, which
are a part of this License and are agreed to be correct:
A. Licensor is the owner of certain real property (the "Property") located in the
City of Temple City, County of Los Angeles, State of California commonly known as "the
City Yard" at 9167 La Rosa Drive. A legal description of the Property is set forth in
attached Exhibit "A", and depicted in the diagram attached as Exhibit "B".
B. The Property is utilized by the Licensor as its City Yard, and is improved with
storage building, office building, mulch yard, parking stalls, equipment sheds, etc.
C. Licensee wishes to utilize a Portion of the Property located between the first
gate and the second gate inside of the fencing (the "Premises") for activities related to the
Rosemead Boulevard Safety Enhancement and Beautification Project (the "Project") and
Licensor is willing to license the use of the Premises to Licensee, all on and subject to the
terms and provisions of this License Agreement.
D. Licensee included in its successful bid to contract for work on the Project
certain costs related to the field office for the construction manager. The Premises will be
used as said field office, and Licensee agrees to pay to Licensor for use of the Premises
an amount equal to the fair market rent for use of the Premises.
1. License to Use Premises. On and subject to the terms and provisions of this
License, Licensor grants to Licensee and Licensee accepts from Licensor a non-exclusive
license to utilize the Premises.
2. Term. The term of this License commences on the date hereof and continues
thereafter until the Licensor issues a Notice of Completion for the Project and for an
additional period of thirty (30) days after that Notice of Completion is issued. The
parties anticipate that the Term will be complete on or about July 1, 2014 but agree that
the termination of the Term will be triggered by the Notice of Completion and not any
specific calendar date.
3. Use: Compliance with Laws.
(a) The Premises must be used by Licensee for field office and equipment
storage related to the Project. This will include activities on the Premises by the
Licensee's personnel and agents, other persons working on the Project as identified in
LA #4814-0468.2514 v1 t
the Project documents (including but not limited to the Licensee's own bid), and the
Licensor's personnel involved in the Project.
(b) Activities by Licensee on the Premises must be coordinated with
Licensor's use of the remainder of the Property, and specifically Licensee's use of the
Premises must not interfere with Licensor's access to and utilization of the Property as a
City Yard.
(c) Licensee agrees that the Premises and its use of the Premises will at all
times be in strict compliance with all applicable laws, rules and regulations of all
governmental authorities having jurisdiction, and Licensee, at its sole cost and expense,
agrees to comply with all such laws, rules and regulations, including, without limitation,
all laws, rules and regulations requiring the making of extraordinary repairs to the
Premises.
4. License Fee. As consideration for the License to use the Premises, Licensee
agrees to pay to Licensor the sum of $600.00 per month. The fee must be paid in
advance by check or wire transfer. The first installment of monthly rent is due on the
date hereof and subsequent installments are due and payable on the same day of each
succeeding monthly during the term of this License.
5. "AS -IS" Use of Premises. Licensee acknowledges that it has inspected the
Premises and Licensee warrants and agrees that it is thoroughly familiar with the
Premises and all aspects thereof, including, without limitation, the physical condition of
the Premises, the zoning of the Premises and all other restrictions and limitations
applicable to the Premises (whether or not of public record). Licensee acknowledges
and agrees that the Premises are satisfactory to Licensee in all respects. Licensee
agrees that neither Licensor nor anyone acting on Licensor's behalf has made
any representation or warranty of any kind or nature whatsoever respecting the
condition of the Premises, their suitability for Licensee's use, or any other matter
relating to the Premises (including, but not limited to, the environmental
condition of the Premises) or this License, and Licensee agrees that it is leasing
the Premises in their "AS -IS CONDITION AND WITH ALL FAULTS".
6. Maintenance. Licensee agrees that it will, at its sole cost and expense, maintain
the Premises and all portions thereof, in a good, clean and safe condition and state of
repair, including the making of all necessary repairs or replacements due to normal
wear and tear and use of the Premises. The foregoing includes, without limitation,
Licensee's duty to provide for normal janitorial servicing of the Premises, and in
particular of Licensee's personal property placed on the Premises. Licensee agrees
that Licensee is solely responsible for the security, protection and insuring of its
equipment, materials and other property, and that of its employees, servants and
contractors, located on or about the Premises. Licensee agrees that Licensor will have
no liability of any kind or nature respecting any loss or theft of, or damage to, any such
equipment, materials or other property.
LA #4814-0468-2514 v 1 2
7. Insurance. Licensee agrees to keep and maintain for the entire Term of this
License public liability and property damage insurance respecting the Premises, naming
Licensor as an additional insured, in form and amounts (not less than $1,000,000 per
occurrence) and with insurers reasonably satisfactory to Licensor. Licensee also
agrees to keep and maintain a policy or policies of fire and extended coverage
insurance, with vandalism and malicious mischief endorsements, in the name of
Licensor and with loss payable to Licensor, to the extent of the full replacement cost of
the improvements located on the Premises and otherwise in form and with insurers
reasonably satisfactory to Licensor. Licensee also agrees to keep and maintain
worker's compensation insurance coverages for its employees in the minimum amounts
required by California law. All such insurance will be primary and not contributing with
any insurance which Licensor may maintain, and the insurer providing such insurance
must agree that such insurance will not be changed or cancelled except upon at least
thirty (30) days prior written notice to Licensor. Licensee waives any and all rights of
recovery against Licensor and its officials, officers, agents and employees on account of
loss or damage occasioned to Licensee or its property or the property of others under
its control, to the extent that such loss or damage is insured against under the fire and
extended coverage policy required to be kept and maintained by Licensee under this
License; and Licensee shall cause each policy required to be kept and maintained by it
under this License to provide that the insurer waives all right of recovery by way of
subrogation against Licensor in connection with any damage covered by such policy.
Licensee will provide Licensor with copies of the policies of such insurance or
certificates evidencing such insurance upon execution of this License and from time to
time thereafter as reasonably requested by Licensor.
8. Indemnification. In addition to and without limiting Licensee's other obligations of
indemnity under this License, Licensee agrees to indemnify, protect, defend (by counsel
reasonably satisfactory to Licensor) and hold Licensor and its officials, officers, agents
and employees, and each of them, harmless from and against all claims, losses,
liabilities, actions, judgments, costs and expenses (including reasonable attorneys' fees
and costs) which they, or any of them, may suffer or incur arising from or relating to (a)
Licensee's use of the Premises, (b) any negligence, act or omission of Licensee, its
agents, employees, contractors, guests or invitees in or about the Premises or (c) any
default by Licensee under this License.
9. Utilities. Licensee agrees to pay, as additional rent, before delinquency, for all
water, sewer, gas, heat, light, power, telephone service, refuse removal and all other
utilities or services of any kind supplied to the Premises. It is agreed that Licensor is not
liable for any failure or interruption of any utility or service,'and the failure or interruption
of any utility or service will not entitle Licensee to terminate this License or stop making
any rental or other payments due under this License.
10. Alterations. Licensee agrees that it will not make any alterations or
improvements to the Premises, or any portion of the Premises, without Licensor's prior
written consent, which will not be unreasonably withheld. If Licensor consents to the
making of any alterations or improvements, Licensee agrees that such alterations or
LA #4814.0468.2514 v1
improvements will be made in strict compliance with all applicable laws, rules and
regulations of all governmental authorities having jurisdiction, will be performed in a
good and workmanlike manner,'and will be made in compliance with such other
conditions, including, without limitation, the obtaining of performance and completion
bonds, as Licensor may require in connection with the granting of its consent. Licensee
agrees that it will pay, when due, all claims for labor or materials furnished or alleged to
have been furnished to or for Licensee at or for use on the Premises, which claims are
or may be secured by any mechanics' or materialmen's lien against the Premises or any
interest therein. All alterations and improvements made by Licensee shall, at Licensor's
option and at Licensee's sole cost and expense, be removed from the Premises at the
end of the Term of this License and the Premises restored to their condition prior to the
making of such alterations or improvements.
11. Licensee's Property. All equipment and personal property of Licensee located at
the Premises will remain the property of Licensee during the term of this License and
may be removed by Licensee at any time and shall be removed by Licensee prior to the
expiration or other termination of the term of this License. Licensee, at Licensee's cost
and expense, must promptly repair all damage to the Premises occasioned by the
removal of its trade fixtures, equipment and personal property.
12. Assignment. Licensee may not assign this License or assign the rights to all or
any part of the Premises nor permit the occupancy thereof by any other person or entity
without the express written consent of Licensor, which consent may be withheld in
Licensor's sole discretion.
13. Default. The occurrence of any one or more of the following shall constitute a
default by Licensee:
(a) Vacation or abandonment of the Premises by Licensee.
(b) Default of the Project agreements between Licensor and Licensee when
such default is not cured as required by that agreement.
(c) Failure by Licensee to make payment of the License fee or any other
payments required to be made by Licensee hereunder as and when due.
(d) Failure by Licensee to keep and maintain any of the insurance required to
be kept and maintained by Licensee under this License.
(e) Failure by Licensee to observe or perform any of the covenants or
provisions of this License, other than as provided in subsections (b) and (c) above, when
such failure continues for a period of 30 days after written notice of such failure is given by
Licensor to Licensee; provided, that if the nature of Licensee's failure is such that more
than 30 days are reasonably required for its cure, then Licensee will not be deemed to be
in default if Licensee commences such cure within said 30 day period and thereafter
diligently prosecutes such cure to completion.
LA 64814-0468.2514 vl
14. Remedies. If Licensee is in default, then, in addition to all other rights and
remedies which Licensor may have at law or in equity, Licensor has the following rights
and remedies which are not exclusive but are cumulative:
(a) To the extent permitted by law, Licensor can, with or without terminating this
License, reenter the Premises and remove all property and persons therefrom, and any
such property may be removed and stored in a public warehouse or elsewhere at the cost
and for the account of Licensee.
(b) Licensor can terminate Licensee's right to usel the Premises at any time. No
act by Licensor other than giving written notice to Licensee will terminate this License.
Acts of maintenance shall not constitute a termination of Licensee's right to possession.
On termination, Licensor has the right to recover from Licensee:
(i) The worth, at the time of the award, of the unpaid License fee that
had been earned at the time of termination of this License;
(ii) Any other amount, and court costs, necessary to compensate
Licensor for all detriment proximately caused by Licensee's default.
"The worth, at the time of the award," as used in (i) and (ii) of this
subsection (b), is to be computed by allowing interest at the maximum rate an individual is
permitted by law to charge.
15. Licensor Entry. Licensor and its authorized representatives shall have the right at
any time to enter all portions of the Premises for any of the following purposes: (a) to
determine whether the Premises are in good condition and whether Licensee is complying
with its obligations under this License; (b) to inspect the Premises; (c) and in connection
with Licensor's design and construction planning respecting Licensor's future use of the
Premises; or (d) where an emergency situation necessitates such entry. Notwithstanding
the foregoing to the contrary, Licensor and its authorized representatives shall have the
right to enter any of Licensee's personal property located on the Premises only upon two
(2) business days' written notice to Licensee if the purpose for the entry is one of the
purposes set forth above and is not related to the Project. No exercise by Licensor of its
rights under this Section shall entitle Licensee to any damages for any injury or
inconvenience occasioned thereby or to any abatement of rent or other amounts payable
under this License.
16. Surrender of Premises. Upon the expiration or other termination of the term of
this License, Licensee agrees to surrender possession of the Premises, and every party
thereof, to Licensor in good order, condition and repair, ordinary wear and tear alone
excepted. "Ordinary wear and tear" does not include any damage or deterioration that
would have been prevented by good maintenance practice or by Licensee performing
all of its obligations under this License.
LA #4814-0468-2514 v
17. Notices. Except as otherwise provided, all notices required or permitted to be
given under this License must be in writing and addressed to the parties at their
respective notice addresses set forth below; provided, that notices to Licensee may also
be effectively given in writing and addressed to Licensee at the Premises address.
Notices must be given by personal delivery (including by commercial delivery service) or
by first-class mail, postage prepaid. Notices will be deemed effectively given, in the
case of personal delivery, upon receipt (or if receipt is refused, upon attempted
delivery), and in the case of mailing, three (3) days following deposit into the custody of
the United States Postal Service. The notice addresses of the parties are as follows:
If to Licensor: City of Temple City
9701 Las Tunas Drive
Temple City, California 91780
Attention: City Manager
With a copy to:
Eric S. Vail, City Attorney
Burke, Williams & Sorensen, LLP
2280 Market Street, Suite 300
Riverside, California 92501-2121
If to Licensee: Los Angeles Engineering, Inc.
633 N. Barranca Avenue
Covina, California 91723
acquisition of the Premises, and City's occupancy and possession of the Premises
18. General.
(a) The acceptance by Licensor of any payments due hereunder with
knowledge of the breach of any of the terms, covenants or provisions of this License by
Licensee shall not be construed as a waiver of any such breach. The acceptance at any
time or times by Licensor of any sum less than that which is required to be paid by
Licensee shall, unless Licensor specifically agrees otherwise in writing, be deemed to
have been received only on account of the obligation for which it is paid, and shall not be
deemed an accord and satisfaction notwithstanding any provisions to the contrary written
on any check or contained in any writing transmitting the same.
(b) The titles to the sections of this License are for convenience of reference
only and are not a part of this License and shall have no effect upon the construction or
interpretation of any part of this License. Any exhibits attached to this License are,
however, a part of this License. This License shall be governed by and construed in
accordance with the laws of the State of California, without regard to any otherwise
governing principles of conflicts of law. In construing this License, none of the parties to it
LA #4814-0468-2514 V
shall have any term or provision construed against it solely by reason of its having drafted
the same.
(c) Any provision of this License that is invalid, illegal or unenforceable shall be
ineffective to the extent of such invalidity, illegality or unenforceability without invalidating,
diminishing or rendering unenforceable the rights and obligations of the parties under the
remaining provisions of this License.
(d) No term or provision of this License may be amended, altered, modified or
waived orally or by a course of conduct, but only by an instrument in writing signed by a
duly authorized officer or representative of the party against which enforcement of such
amendment, alteration, modification or waiver is sought. Any amendment, alteration,
modification or waiver shall be for such period and subject to such conditions as shall be
specified in the written instrument effecting the same. Any waiver shall be effective only in
the specific instance and for the specific purpose for which given.
(e) This License and all exhibits attached to it constitutes the entire agreement
of the parties with respect to the subject matter hereof and supersedes all prior or
contemporaneous agreements (whether written or oral) with respect to that subject matter.
(f) This License may be executed in several counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same
instrument.
(g) If either party hereto brings an action to enforce the terms hereof or declare
rights hereunder, the prevailing party in such action, on trial or appeal, shall be entitled to
reasonable attorneys' fees to be paid by the losing party as fixed by the court.
The parties have caused this License to be duly executed by their respective duly
authorized officers or representatives as of the date first set forth above.
(Notary Acknowledgement Required]
LA #4814-0468-2514 v1
LOS ANGELES ENGINEERING
By:
PresTde r t- p 00
5ctiNq�y
CALIFORNIA ALL-PURPOSE ACK NOL'rL EOGMENT
State of California
Countv o
Los Angeles
Qn January 16, 2013 before me, J. Nelson, Notary Public
pa.z Here Irsec Va,^.=_ as Tje of Ce C?+cer
personally appeared
•"---p
; ;J. NELSON
�j Commission No. 1933056 z
NOTARY PUBLIC -CALIFORNIA
LOS ANGELES COUNTY
My Comm. Expbea APRIL 18, 2815
place h„z-J seat iteve
who proved to me on the bass of satisfactory evidence to
be the oersonwwhcse name`y9'j WaAb subscribed to the
within instrument and acknowledged to me that
he/sp6lthly executed the same in hisfrl/fh/lr authorized
capaclty(66 and that by hisPnn/bIViir signature�,ej on the
instrument the person, or the entity upon behalf of
which the per sor,X acted, executed the Ins -ument.
I certify under PENALTY Co' PERJURY under the laws
of the Slate of Cialifornia that the foregoing paragraph Is
true and correct.
'NITNESS my hand and ofiiciai seal.
Signature ' 1 "w
515ramre of Nam, Pctik
OPTIONAL
inoegh Gr- in tornaton be!ovr is not requirad by Ie;C f nay pro v6 vela=biz to persons relyfng on t,e docunerlt
end couldpr_-vent iraudulant ranoval and raa tach,-znt of Gars farm to ano�ier docunant.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Clained by Signer(s)
Sic_nE%s Name:
❑ Indivdual
Corcorate Of'icer—Titfe(s):
Partnar—'_ Limited C General
Atomey in Fact
Top eFC;m-.:c here I
Tn:sfEE
Guardian or Consaivator l 1
Other:
Signer Is Rep, asentino:
I
I �
Number of Pages:
Sione's Nat
El Individual
Corporate O-ffICer — Title(s): _
Partner — Q Urni;ed ( General
Attorney in Fact
Trustee
Guardian or Conservator
`; Other:
Sicner Is Representing:
.. ._. _ _.._�.. u_^r._:. '-_,4'.=..w'_i`s'�-�v::'sG'._ aim—'_...=--..—.._- .:�-ti:tt^'-.f:_.atiti.=•:
iZC�i!:a_crt1N_ay^s^_c�5cr•S3S'I De Sc'a.�_.P,O'.�•.z2u'•2.O`-'s,:er.:. Ch St31:-2:'v2•w,rn::�iai:enol;.c"1/.tr3 Iter.. e59ii F.eM?^Ctf TaC-4�f.E;rS> �?-
CITY OF TEMPLE CITY
By:
Jose lido
City Manager
Attest:
P ��
Peggy o
City Clerk
Approved as to
By:
Eric S. Vail
City Attorney
LA #4814-0.168.2514 v
EXHIBIT "A"
(Legal Description of Premises)
TR -28317 LOT 9
EXHIBIT "B"
(Diagram of "City Yard")
EXHIBIT "C"
(Diagram portion to be leased)
LA #4814-0468-2514 vl
L
a)
h �
a
M0)
0-
a
CL Cl)
(n
L •L
•V
Y
U �
I
K r*0
N
o..
F1,
c✓
_1
r
CT -
I
T
V
Parcel: 5388-009-902
City of TEMPLE CITY, 2010/11 Secured Roll
Parcel Information
Owner:
Temple City
Owner2:
Agency:
Situs:
9167 LA ROSA DR
Situs City:
Temple City 91780
Mail Name:
Temple City
Mail Address:
9701 Las Tunas Dr
Mail City:
Temple City 91780
Use Code: 1700 Commercial, Office Building, 1 Story
TRA:
09283
Revenue
Agency:
Tax District#1
18.17
Parcel Type:
Regular Parcel, Exempt
20.48
Zoning:
M1YY
3.09
Region:
Possessory Interest 596J5
Cencus Tract:
4812.012
3A57
Lot #:
A,=aIBBpadFIwt
3,182
Tract #:
28317
33,910
Revenue:
$0.00
(EXEMPT)
Net Total AV:
$34,834.00
+0%
Last Sale:
$ 120,000
12/29/1987
Tax Bili:
$
$108,697
Values:
Current Year Values:
Land:
34,834
Improvements:
Fixtures:
Personal Prop:
Totals:
34,834
Net Total AV:
34,834
Taxes Deliquent
In
Sales:
Date: Sale Price: Transfer Type:
12/29/1987 $ 120,000
General Information:
Building Square Feet: 2,334
Lot Square Feel: 19,402
Acreage: 0 Acres
Year Built: 1966
Buildings:
Rooms:
Legal Description and Information:
TR=28317 LOT 9
BN No
7005762
7008852
7014842
7017528
7028546
7028552
70268M
7031401
7032360
7042953
Unsecured Roll
Assam"
TYRELL RANDY
YOUNG MARIELLA J
AGUILARJOSEPH
ROMO ALFRED
DELACUAORA MICHELLE
DELACUAORA MICHELLE
C14ANG MARIO
DESHON ERIC ALLAN
SCHABOW DONALD J
Violations:
User Edits:
Units:
Beds:
Exemptions:
s0s
5709ALLESSANDRO
4841 ARSLEY DR
TEMPLE CITY
1172 WILDFLOWER RD
4914 ALLESANDRO AVE
4914 ALLESANDRO AVE
9228 LA TUNAS DR
10778 DANESWOOO DR
5616 TEMPLE CITY BLVD E
5917 OAK AVE 343
Prior Year Values.,
34,834 Exemptions:
34,834
Document: Seller:
Baths:
Transaction:
Page 1
Type
NN AV
Revenue
Am,aftftaVFloat
19.654
18.17
NrcraMBOal/Floal
22.152
20.48
AIlcf861BocVFloal
3,347
3.09
Nmr.ftm.avnwt
6,262
5.79
AJ cftfeosmwt
3A57
3.20
A,=aIBBpadFIwt
3,182
2.94
A9cra6/BO VFI.t
33,910
31.35
AlmraN808V 108t
7,544
6 97
At=VBoattFloat
5.575
5.15
AaaaB/BoaliRmt
3.614
3.34
Unmcered Combmd Totals
$108,697
S100.50