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
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