HomeMy Public PortalAboutAgreement_10/2/2021to 11/20/2021_First Baptist -License Agreement_Use of Gymnasium_LICENSE AGREEMENT
This License Agreement (the "License Agreement") is made and entered into as of
October 2, 2021, by and between the TEMPLE CITY FIRST BAPTIST CHURCH a California
nonprofit corporation (the "Licensor"), and the CITY OF TEMPLE CITY, a municipal
corporation (the "Licensee"), who agree as follows:
1. Recitals. This License Agreement is made with reference to the following facts and
circumstances:
(a) Licensor is the owner of that certain real property located at 6019 Baldwin
Avenue, in the City of Temple City, County of Los Angeles, State of California (the "Licensor's
Property").
(b) Licensee operates a Volleyball program for children in grades 5 through 8 and
needs a location to conduct the Volleyball program activities for the 2021-2022 school year
session.
(c) Licensee desires to obtain a license to use certain areas within the Licensor's
Property for the purpose of operating the Volleyball program and Licensor is agreeable to
granting such a license to Licensee on the terms set forth in this License Agreement.
2, Grant of License; Use. On and subject to the terms and conditions set forth in this License
Agreement, Licensor grants to Licensee a license to use the Gymnasium and restrooms within the
Licensor's Property (the "Licensed Premises") for the conduct of the Volleyball program. This
license shall be non-exclusive during the Term of this Agreement.
(a) Notwithstanding the foregoing, Licensee shall be entitled to the exclusive use of
certain areas on the following schedule:
(i) Gymnasium — Saturdays, 10:00 — 1:00 p.m., October 2, 2021 — November 20,
2021 See ATTACHMENT A.
(b) Licensee is also entitled to use those areas of the Licensor's Property necessary to
facilitate Licensee's use of the Licensed Premises for the Volleyball program including
gymnasium, volleyball equipment, bathrooms, parking areas and driveways, yards, walkways and
other means of ingress and egress,
(c) Use of the Licensed Premises shall be in compliance with all applicable laws, rules
regulations and any permits Licensor has been granted for the Licensor's Property.
3. Term; License Fee.
(a) The term of this License Agreement (the "Term") will commence on October 2,
2021, and thereafter continue in full force and effect until November 20, 2021. The Term may be
terminated upon failure of Licensee to cure a default or breach of this License Agreement as set
forth in Paragraph 9(b) of this License Agreement.
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(b) In consideration for the grant of the license provided for in this License
Agreement, License agrees to pay to Licensor a fee of $75/hour, 3 hours/day x 8 Saturdays for a
total One Thousand Nine Hundred Twenty Dollars ($1,800.00). Not to exceed a total of
($1,800.00) for the use of the Gymnasium. Such fee shall be paid upon receipt of a valid invoice
in accordance with the City's payment policy.
(c) The failure by the Licensee to remit the fee as called for herein at the
commencement of this Licensee Agreement, for any reason, this License Agreement shall be void
and of no further force or effect.
(d) Licensor reserves the right to give 48 hours cancellation notice to Licensee.
Licensor must contact Licensee (Recreation Coordinator, JORDI UBADO) by email or phone no
less than 48 hours prior to the scheduled use as designated in ATTACHMENT A.
4. Signage. Licensee may install and maintain at its sole cost and expense one (1) temporary
sign to identify the Licensor's Property as the site of the Volleyball program. Such sign shall be
taken down during times when Licensee is not using the Licensed Premises.
5. Maintenance and Cleaning; Utilities.
(a) Licensee shall keep the Licensed Premises in a neat and tidy condition during its
use of the Licensed Premises. To meet this obligation, Licensee may dispose of any trash it
generates in Licensor's trash receptacles. Licensor shall provide janitorial services and keep the
Licensed Premises in a clean and sanitary condition.
(b) Licensee agrees to repair, or pay for Licensor's costs to repair, any damage to the
Licensed Premises that is caused by Licensee's use of the Licensed Premises. Licensor shall be
responsible for keeping the Licensed Premises in a safe condition suitable for Licensee's use of
the Licensed Premises. Upon discovery of any unsafe conditions within the Licensed Premises,
the discovering party shall promptly notify the other in writing thereof. Licensor shall ensure that
all electrical; plumbing, HVAC, and structural components of the Licensed Premises are in good
working order.
(c) Licensor shall be responsible for all utility charges associated with the operation of
the Licensor's Property, including but not limited to electricity, natural gas, and trash and
recyclables collection.
(d) Licensor shall be responsible for cleaning gymnasium floor and restrooms
according to CDC and Los Angeles County Department of Health guidelines. Licensee shall be
responsible for cleaning and maintaining all volleyball equipment in storage room. Personal
protection supplies such as face masks and hand sanitizer, as well as cleaning athletic equipment
will be provided by Licensee. Chairs will not be provided for spectators by Licensor. Spectators
may bring their own chairs.
(c) Licensee will conduct weekly temperature checks for all those entering into the
gymnasium, staff, participants, and spectators.
6. Assignment. Licensee shall not assign its rights under this License Agreement and any
attempt to do so shall be void.
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7. Surrender. Upon the expiration or sooner termination of the Term of this License
Agreement, Licensee shall quit and surrender possession of the Licensed Premises in good
condition and repair, reasonable wear and tear, damage by the elements or other casualty, and
damage caused by Licensor, its employees, agents and permittees excepted.
8. Indemnification.
(a) Licensee shall indemnify and hold Licensor harmless from and against any and all
claims arising from Licensee's use of the Licensed Premises, and shall further indemnify and hold
Licensor harmless from and against any and all claims arising from any breach or default in the
performance of any obligation on Licensee's part to be performed under the terms of this License
Agreement, or arising from any negligence or intentional misconduct of the Licensee, or any of
Licensee's agents, contractors, or employees, and from and against all costs, attorney's fees,
expenses and liabilities incurred in the defense of any such claim or any action or proceeding
brought thereon; and in case any action or proceeding be brought against Licensor by reason of
any such claim, Licensee upon notice from Licensor shall defend the same at Licensee's expense.
Licensee, as a material part of the consideration to Licensor, hereby assumes all risk of damage to
property or injury to persons, in, upon, or about the Licensed Premises arising from Licensee's use
of the Licensed Premises and Licensee hereby waives all claims in respect thereof against
Licensor. The obligations of Licensee under this paragraph arising by reason of any occurrence
taking place during the Term shall survive any termination of this License Agreement.
(b) Licensor shall indemnify and hold Licensee harmless from and against any and all
claims arising from Licensor's use of the Licensed Premises, and shall further indemnify and hold
Licensee harmless from and against any and all claims arising from any breach or default in the
performance of any obligation on Licensor's part to be performed under the terms of this License
Agreement, or arising from any negligence or intentional misconduct of the Licensor, or any of
Licensor's agents, contractors, or employees and from and against all costs, attorneys' fees,
expense and liabilities incurred in the defense of any such claim or any action or proceeding
brought thereon; and in case any action or proceeding be brought against Licensee by reason any
such claim, Licensor upon notice from Licensee shall depend the same at Licensor's expense.
Licensor, as a material part of the consideration to Licensee, hereby assumes all risk of damage to
property or injury to persons, in, upon, or about the Licensed Premises arising from Licensor's use
of the Licensed Premises and Licensor hereby waives all claims in respect thereof against
Licensee. The obligations of Licensor under this paragraph arising by reason of any occurrence
taking place during the Term shall survive any termination of this License Agreement.
9. Acceptance of Property. Licensee hereby represents that prior to the commencement of
the term of this License, the Licensee has inspected the Property and Premises, and that the
Property and Premises are in acceptable repair, order, and condition for Licensee's intended use
of the Property and the Premises.
10. Default.
(a) Either party hereto may, from time to time, at its option, exercise all rights or
remedies which it may have either at law or in equity and nothing herein contained shall be
construed as in any way abridging or waiving any such rights or remedies; and, consent, waiver or
compromise by either party of or under any of the provisions of this License Agreement, or as to
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any breach or default hereunder by the other party, shall not constitute or be construed as a waiver
of such party's right to enforce strict interpretation and performance of the conditions and terms
hereof by the other party at all other times and as to the same and all other matters herein
contained.
(b) If default shall be made in any of the covenants or agreements on the part of
Licensee contained in this License Agreement, Licensor, at its option, may, at any time after such
default or breach, re-enter and take possession of the Licensed Premises and remove all persons
therefrom; provided, however, that Licensor shall have first given Licensee written notice of any
such default or breach together with a demand that such default or breach be cured within fifteen
(15) days after receipt of notice and Licensee shall -have failed to commence during such default
or breach and to proceed in a diligent manner therewith.
11. Notices. All notices and other communications given pursuant to this License Agreement
shall be in writing and shall be deemed received when personally delivered (including by
commercial courier or next business day delivery service) or upon the third (3rd) day after deposit
in the United States mail, registered or certified, postage prepaid, return receipt requested, to the
parties at the addresses set forth below:
LICENSOR: Temple City First Baptist Church
Attn: Tom Gardner, Board Chair
6019 Baldwin Avenue
Temple City, CA 91780
LICENSEE: City of Temple City
Attn: Adam Masumoto, Director of Parks & Recreation
9701 Las Tunas Drive
Temple City, CA 91780
Any party may, from time to time, by written notice to the other, designate a different address
which shall be substituted for the one above specified.
12. Insurance. Licensee shall maintain, at its sole cost and expense, personal injury, property
damage, and liability insurance against claims for bodily injury, death or property damage caused
or related to Licensee's use of the Licensed Premises, in an amount not less than Two Million
Dollars ($2,000,000.00) per occurrence. Licensor shall be named as an additional insured.
13. Mediation -Arbitration Clause. The Parties hereto agree to mediate any dispute or
claim arising between thetn out of this Agreement, or any resulting transaction, before resorting to
arbitration. Mediation fees shall be divided equally among the parties involved. If any party
commences an action based on a dispute or claim to which this paragraph applies, without first
attempting to resolve the matter through mediation, then that party shall not be entitled to recover
attorney fees, even if fees would otherwise be available to the party in any such action.
Arbitration of Disputes. THE PARTIES AGREE THAT ANY DISPUTE OR CLAIM IN LAW OR
EQUITY ARISING BETWEEN THEM OUT OF THIS AGREEMENT, OR ANY RESULTING
TRANSACTION, WHICH 1S NOT SETTLED BY MEDIATION, SHALL BE DECIDED BY NEUTRAL,
BINDING ARBITRATION. THE ARBITRATION SHALL BE UNDER THE RULES OF THE JUDICIAL
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ARBITRATION AND MEDIATION SERVICES (JAMS). THE ARBITRATOR SHALL BE AN
IMPARTIAL RETIRED JUDGE OR JUSTICE, OR A REAL ESTATE ATTORNEY WITH AT LEAST 15
YEARS OF FULL TIME REAL ESTATE LAW EXPERIENCE, UNLESS THE PARTIES MUTUALLY
AGREE TO A DIFFERENT ARBITRATOR, WHO SHALL RENDER AN AWARD WITH DETAILED
REASONED FINDINGS AND CONCLUSIONS IN ACCORDANCE WITH THE SUBSTANTIVE
CALIFORNIA LAW. IN ALL OTHER RESPECTS, THE ARBITRATION SHALL BE CONDUCTED IN
ACCORDANCE WITH PART III, TITLE 9 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.
JUDGMENT UPON THE AWARD OF THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT
HAVING JURISDICTION. THE PARTIES SHALL HAVE THE RIGHT TO DISCOVERY IN
ACCORDANCE WITH CODE OF CIVIL PROCEDURES 1283.05. EXCEPT THAT EACH PARTY
SHALL BE ENTITLED AS A MATTER OF RIGHT TO TAKE ONE DEPOSITION OF THE OTHER PARTY
WITHOUT THE REQUIREMENT OR CONSENT OF THE ARBITRATOR. IN ANY CONTROVERSY OR
DISPUTE REQUIRING LEGAL LITIGATION/ATTORNEYS, THE PREVAILING PARTY SHALL BE
ENTITLED TO REASONABLE ATTORNEY FEES AND COSTS.
LICENSOR INITIALS:
LICENSOR INITIALS:
14. Miscellaneous.
LICENSEE INITIALS:
LICENSEE INITIALS:
(a) This License Agreement is to be governed by and construed in accordance with the
laws of the State of California.
(b) No term or provision of this License Agreement 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.
(c) The invalidity or unenforceability of any term or provision of this License
Agreement shall not affect the validity or enforceability of any other term or provision of this
License Agreement all of which shall remain in full force and effect.
(d) If either party to this License Agreement 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.
(e) Except as provided in Paragraph 6, this License Agreement shall inure to the benefit
of and be binding upon the parties and their respective successors.
(0 Licensor is not currently in compliance with California Public Resources Code §
25402.10, as the Licensor has not obtained any energy usage data, nor has the Licensor obtained
an Energy Star performance score relating to the energy consumption of any appliances, fixtures
or equipment.
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(g) Licensee shall be responsible, if the play yard area equipment, if any, as used for
the benefit of the Licensee, and if the equipment or play yard\ is found not to be in compliance
with any existing or future governmental codes; and if found not to be in compliance, the use
thereof by the Licensee shall immediately stop, until found, or certified, to be in compliance. It is
the advice and counsel of the Licensor that the Licensee should first obtain its own initial
inspection and/or inquiries and ascertain the cost of all compliance requirements and expenses
prior to entering into the License. Licensee is further advised to contact and counsel with
appropriate professionals.
(h) Licensee understands that Licensor is a religious entity that has religious symbols
on or about the Property. Licensor shall not accommodate Licensee's request, if any, to remove,
cover, or hide any religious symbols located in public view, shared areas or non -shared use areas
occupied by the Licensor.
(i) Licensee shall provide any security for personal property of Licensee.
(f) This License Agreement may be executed in counterparts, each of which is an
original but all of which together constitute but one and the same instrument. Signature and
acknowledgment pages, if any, of this License Agreement may be detached from any counterpart
and re -attached to any other counterpart of this License Agreement which is identical in form
hereto but having attached to it one or more additional signature and acknowledgment pages.
The parties have caused this License Agreement to be duly executed by their respective
duly authorized officers or representatives as of the date first set forth above.
CITY OF TEMPLE CITY, a
municipal corporation
Bryan Cook, City Manager
Attest:
Approved as to Form:
Gregory Murphy, City Attorney
Temple City First Baptist Church, a
California nonprofit corporation
Bv:
(Print Name & Title)
Fes✓ sin FOIL
By:
(Print Name & Title)
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CALIFORNIA ALL-PURPOSE
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of Los Angeles
On O c -'(v r 2 02-1 before me,
personally appeared
pe,10 `� R it n , N o-!ziry Pulli
plasma. Nand apNGtary Pub& and Mk)
ciarnes i l is (gain( Pin
Fzn. PEGGY KUO
h/,ryir__ Notary Public • California
'3 Los Angeles County
u� g Commission w 2269014
My Comm. Expires MK 5, 2022
Signature
Pkca Notary SaolArmin?
who proved to me on the basis of satisfactory evidence
to be the person(s) whose names) isjare subscribed to
the within instrument and acknowledged to me that
he/shejthey 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 under the laws of
the State of California that the foregoing paragraph is
true and correct
WITNESS my hapd and official seal.
Frown; +fNotary )
OPTIONAL
Though the inibrmation is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent removal and reattachrnent of this firm to another document.
Description of Attached Document
Title of Type of Document: Lite- V(S v - /l' n f
Document Date. n C : 7-472- I
Signers) Other Than Named Above: PI A-
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer - Title(s):
❑ Partner ❑ Limited 0 General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ other:
Signer is Representing:
Number of Pages.
Signer's Name:
❑ Individual
0 Corporate Officer - Title(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Lasted Updated: 9/9/2021
ATTACHMENT A- First Baptist Church
Fall Volleyball 2021
Months
Dates
Times
October
2,9,16,23,30
10:00 a.m. to 1:00 p.m.
November
6,13,20
10:00 a.m. to 1:00 p.m.
Hourly Rate
Total
Total
Grand Total
$75.00
8 days
3 hours each day
24 hours
$75.00 X 24hrs= $1,800.00
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