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HomeMy Public PortalAboutAgreement_2012-11-29_Los Angeles County Real Estate Division_Permit to Enter - Library MuralWILLIAM T FUJIOICA Chief Executive Officer Permittee: County of Los Angeles Board of Supervis HIEF EXECUTIVE OFFICE GLORIA MOLINA ors First District REAL ESTATE DIVISION MARK RIDLEY-THOMAS 222 South Hill Street, 3rtl Floor, Los Angeles, California 90012 Second District (213)974-4300 http://ceo.lamunty.gov ZEV YAROSLAVSKY Third District DON KNABE Fourth District MICHAEL D. ANTONOVICH Fifth District PERMIT TO ENTER City of Temple City 9701 Las Tunas Drive Temple City, CA 91780-2249 Attention: Jose Pulido, City Manager Telephone: (626)285-2171 Permit No. Chapter 2.08 Consideration: Expiration: 6 months after execution Agent: Chris Montana, Acting Director of Real Estate Telephone:(213)974-4200 FAX:(213)217-4968 1. PREMISES: Permittee, after execution by the Chief Executive Officer, is hereby granted permission to enter County property, Temple City Library, a building located at 5939 Golden West Avenue, Temple City, CA 91780 ("Premises"), Entry constitutes acceptance by Permittee of all conditions and terms of this Permit. PURPOSE: The sole purpose of this Permit is to allow Permittee to enter the Premises for the installation of a mural and the support structure on the west exterior wall of the Premises to be coordinated with the Temple City Library. Permittee shall pay for and complete the installation and affix and display murals as described on Exhibit "A" attached hereto and incorporated herein by this reference. 3. TERM: This Permit shall commence upon execution of Permit by the County and terminate within 90 days. 4. CONSIDERATION: Consideration for this Permit is compliance with terms and conditions of this agreement. 5. ADDITIONAL CHARGES: Permittee agrees to pay any charges for utilities that may be required and for the safekeeping of the Premises for the prevention of any accidents as a result of the Permittee's activities thereon. 6. NOTICE: Notices desired or required to be given by this Permit or by any law now or hereinafter in effect may be given by enclosing the same in a sealed Permittee's Initials Page 1 of 8 "To Enrich Lives Through Effective And Caring Service" envelope, Certified Mail, Return Receipt Requested, addressed to the party for whom intended and depositing such envelope with postage prepaid in the U.S. Post Office or any substation thereof, or any public letter box, and any such notice and the envelope containing the same shall be addressed to Permittee as follows: City of Temple City 9701 Las Tunas Drive Temple City, CA 91780-2249 Attention: Jose Pulido, City Manager Telephone: (626) 285-2171 or such other place in California as may hereinafter be designated in writing by the Permittee. The Notices, Certificates of Insurance and Envelopes containing the same to County shall be addressed to: County of Los Angeles Chief Executive Office, Real Estate Division 222 South Hill Street, 3rd Floor Los Angeles, California 90012 Attention: Chris Montana, Acting Director of Real Estate 7. INDEMNIFICATION: Permittee agrees to indemnify, defend and save harmless County, its Special Districts, agents, elected and appointed officers and employees from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage, including damage to County property, arising from or connected with Permittee's operations, or its services hereunder, including any Workers' Compensation suits, liability, or expense, arising from or connected with services performed by or on behalf of Permittee by any person pursuant to this Permit. 8. GENERAL INSURANCE REQUIREMENTS: Without limiting Permittee's indemnification of County, Permittee shall provide and maintain the following types and limits of insurance. Such insurance shall be primary to and not contributing with any other insurance or self-insurance programs maintained by County, and such coverage shall be provided and maintained at Permittee's own expense. a. Evidence of Insurance: Certificate(s) or other evidence of coverage satisfactory to County shall be delivered to the County of Los Angeles prior to Permittee's entry. Such certificates or other evidence shall identify this Permit, clearly evidence all required coverages, and Permittee shall provide County with, or Permittee's insurance policies shall contain a provision that County shall receive, written notice of cancellation or any change in Required Insurance, including insurer, limits of coverage, and term of coverage or policy period. The written notice shall be provided to County at least ten (10) days in advance of cancellation for non-payment Permittee's Initials Page 2 of S of premium and thirty (30) days in advance for any other cancellation or policy change. Failure to provide written notice of cancellation or any change in required Insurance may constitute, at the sole determination of the County, a material breach of the Contract, upon which the County may suspend or terminate this Contract. b. Insurer Financial Ratings: Insurance is to be provided by an insurance company acceptable to the County with an A.M. Best rating of not less than A: VII, unless otherwise approved by County. c. Permittee's failure to maintain or to provide acceptable evidence that it maintains the Required Insurance shall constitute a material breach of the Permit, upon which the County immediately may suspend or terminate this Permit. County, at its sole discretion, may obtain damages from Permittee resulting from said breach. Alternatively, the County may purchase the Required Insurance, and without further notice to Permittee, pursue Permittee for reimbursement. d. Notification of Incidents, Claims or Suits: Permittee shall report to County any accident or incident relating to Permittee's entry which involves injury or property damage which may result in the filing of a claim or lawsuit against Permittee and/or County in writing within 24 hours of occurrence. 9. INSURANCE COVERAGE REQUIREMENTS: a. General Liability insurance (written on ISO policy form CG 00 01 or its equivalent), naming County as an additional insured, with limits of not less than the following: General Aggregate: $2 million Products/Completed Operations Aggregate: $1 million Personal and Advertising Injury: $1 million Each Occurrence: $1 million Automobile Liability insurance (written on ISO policy form CA 00 01 or its equivalent) with a limit of liability of not less than $1 million for each accident. Such insurance shall include coverage for all "owned", "hired" and "non -owned" vehicles, or coverage for "any auto', as appropriate. c. Workers Compensation and Employers' Liability insurance providing workers compensation benefits, as required by the Labor Code of the State of California or by any other state, and for which Permittee is responsible. If Permittee's employees will be engaged in maritime employment, coverage shall provide workers compensation benefits as required by the U.S. Longshore and Harbor Workers' Compensation Act, Jones Act or any other federal law for which Permittee is responsible. Permittee's Initials I I 1 Page 3 of 8 In all cases, the above insurance also shall include Employers Liability coverage with limits of not less than the following: Each Accident: $1 million Disease - policy limit: $1 million Disease - each employee: $1 million Compensation for County Costs. In the event that Licensee fails to comply with any of the indemnification or insurance requirements of this License, and such failure to comply results in any costs to County, Permittee shall pay full compensation for all reasonable costs incurred by County. 10. OPERATIONAL RESPONSIBILITIES: Permittee shall: a. Comply with and abide by all applicable rules, regulations and directions of County. b. Comply with all applicable City and County ordinances and all State and Federal laws, and in the course thereof obtain and keep in effect all permits and licenses required to conduct the permitted activities on the Premises. c. Maintain the Premises and surrounding area in a clean and sanitary condition to the satisfaction of County. d. Conduct the permitted activities in a courteous and non -profane manner; operate without interfering with the use of the Premises by County. County has the right to request Permittee to remove any agent, servant or employee who fails to conduct permitted activities in the manner heretofore described. e. Assume the risk of loss, damage or destruction to any and all fixtures and personal property belonging to Permittee that are installed or placed within the area occupied. f. Repair or replace any and all County propert y lost, damaged, or destroyed as a result of or connected with the conduct or activities of the Permittee. Should Permittee fail to promptly make repairs, County may have repairs made and Permittee shall pay costs. g. Pay charges for installation and service costs for all utilities used for the conduct of the permitted activities, if needed. hI Except for the purpose described in Section 2, Permittee agrees to restore the Premises, prior to the termination of this Permit, and to the satisfaction of County, to the conditions that existed prior to the commencement of the permitted activities, excepting ordinary wear and tear or damage or Permittee's Initials f I— Page 4 of 8 destruction by the acts of God beyond the control of Permittee. This shall nclude removal of all rubbish and debris, as well as structures placed on the Premises by Permittee in order that the Premises will be neat and clean and ready for normal use by County on the day following the termination of this Permit. Should Permittee fail to accomplish this, County may perform the work and Permittee shall pay the cost. Allow County to enter the Premises at any time to determine compliance with the terms of this Permit, or for any other purpose incidental to the performance of the responsibilities of the Chief Executive Office. Provide all security devices required for the protection of the fixtures and personal property used in the conduct of the permitted activities from theft, burglary or vandalism, provided written approval for the installation thereof is first obtained from the Chief Executive Office. k. Prohibit all advertising signs or matter from display at the Premises, other than signs displaying the name of Permittee. Prohibit the sale of food. m. Keep a responsible representative of the Permittee available on the Premises during all permitted hours. This person shall carry copies of this Permit and the receipt for consideration herein, for display upon request. Prior to entry onto the Premises pursuant to this Permit, notify County of the times and dates the work or activity is to take place. 11. INDEPENDENT STATUS: This Permit is by and between County and Permittee and is not intended and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture or association as between County and Permittee. Permittee understands and agrees to bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any person for injuries arising from or connected with services performed on behalf of Permittee pursuant to this Permit. 12. EMPLOYEES: All references to the "Permittee" in the Permit are deemed to include the employees, agents, assigns, contractors, and anyone else involved in any manner in the exercise of the rights therein given to the undersigned Permittee. 13. LIMITATIONS: It is expressly understood that in permitting the right to use said Premises, no estate or interest in real property is being conveyed to Permittee, and that the right to use is only a nonexclusive, revocable and unassignable permission to occupy the premises in accordance with the terms and conditions of the Permit for the purpose of conducting the permitted activities. Permittee's Initials Page 5 of 8 14. ASSIGNMENT: This Permit is personal to Permittee, and in the event Permittee shall attempt to assign or transfer the same in whole or part all rights hereunder shall immediately terminate. 15. AUTHORITY TO STOP: In the event that an authorized representative of the County finds that the activities being held on the Premises unnecessarily endanger the health or safety of persons on or near said property, the representative may require that this Permit immediately be terminated until said endangering activities cease, or until such action is taken to eliminate or prevent the endangerment. 16. DEFAULT: Permittee agrees that if default shall be made in any other terms and conditions herein contained, County may forthwith revoke and terminate this Permit. 17. ALTERATIONS AND IMPROVEMENTS: Permittee has examined the Premises and knows the condition thereof. Permittee accepts the Premises in the present state and condition and waives any and all demand upon the County for alteration, repair, or improvement thereof. Permittee shall make no alteration or improvements to the Premises, except those identified in Section 2 hereof, without prior written approval from the County, and any fixtures and/or personal property incidental to the purposes described in Section 2 hereof shall be removed by Permittee prior to the termination of this Permit, and in the event of the failure to do so, title thereto shall vest in County. All betterments to the Premises shall become the property of County upon the termination of this Permit. 18. COUNTY LOBBYIST ORDINANCE: Permittee is aware of the requirements of Chapter 2.160 of the Los Angeles County Code with respect to County Lobbyists as such are defined in Section 2.160.010 of said Code, and certifies full compliance therewith. Failure to fully comply shall constitute a material breach upon which County may terminate or suspend this Permit. 19, INTERPRETATION: Unless the context of this Permit clearly requires otherwise: (i) the plural and singular numbers shall be deemed to include the other; (ii) the masculine, feminine and neuter genders shall be deemed to include the others; (iii) "or" is not exclusive; and (iv) "includes and "including" are not limiting. 20. ENTIRE AGREEMENT: This Permit contains the entire agreement between the parties hereto, and no addition or modification of any terms or provisions shall be effective unless set forth in writing, signed by both County and Permittee. 21. TIME IS OF THE ESSENCE: Time is of the essence for each and every term, condition, covenant, obligation and provision of this Permit. 22. POWER AND AUTHORITY: The Permittee has the legal power, right and authority to enter into this Permit, and to comply with the provisions hereof. The Permittee's Initials Page 6 of 8 PERMITTEE: City of Temple City By: Jose E. Pulido(C Lfflity anager Who hereby personally covenants, guarantees and warrants that he/she has the power and authority to obligate the Permittee to the terms and conditions in this Permit. Please sign before a Notary Public and return for approval. Upon approval a signed copy will be mailed to Permittee. STATE OF CALIFORNIA COUNTY OF LOS ANGELES On t\\OYtnktir" ; injLbefore me IaHKd?,f V¢nAtr.S , a Notary Public personally appeared, Josc 7 i � J who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within nstrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY foregoing paragraph is true and correct. WITNESS my hand and official seal. ( o ry Pu is Signature) under the laws of the State. of California that the JENNIFER VENTERS Commission M 1941534 -� Notary Public - Caldornis z Los Angeles County M Comm. Expires Jun 19, 2015 ~ (Notary Public Seal) Pursuant to Chapter 2.08 of the Los Angeles County Code, this Permit has been executed on behalf of the County of Los Angeles by the Chief Executive Officer on the day of , 2012. PERMITTER: ATTEST: DEAN C. LOGAN Registrar-Recorder/County Clerk BY: Deputy APPROVED AS TO FORM: JOHN F. KRATTLI County Counsel By Deputy Permittee's Initials COUNTY OF LOS ANGELES WILLIAM T FUJIOKA Chief Executive Officer BY: Christopher Montana Acting Director of Real Estate Division EXHIBIT "A" YEMPLE CITY LIBRARY � o n� � Ir, P Ae 4, Ell + IT f I� I' n IT — f �v �1 EXHIBIT "A" YEMPLE CITY LIBRARY mum I n� Ae 4, Ell + f mum I A.R C H I Y E C T Ae + f I� I' n f= A.R C H I Y E C T