HomeMy Public PortalAbout12) 7H Agreements TC Immanuel Church and First Lutheran ChurchDATE:
TO :
FROM:
PARKS AND RECREATION DEPARTMENT
MEMORANDUM
June 7, 2016
The Honorable City Council
Bryan Cook, City Manager Q);)
By: Cathy Burroughs, Director of Parks and Recreation f)
AGENDA
ITEM 7 .H.
SUBJECT: APPROVAL OF LICENSE AGREEMENTS WITH TEMPLE CITY
IMMANUEL CHURCH AND FIRST LUTHERAN CHURCH OF TEMPLE
CITY
RECOMMENDATION :
The City Council is requested to:
1. Approve the License Agreements with Temple City Immanuel Church and First
Lutheran Chu rch of Temple City and authorize the City Manager to execute the
Agreements; and
2. Approve a budget amendment in the amount of $9,000.
BACKGROUND:
1. On April 2, 2014, th e City Council adopted a Parks and Open Space Master Plan
(POSMP), prepared by RHA Landscape Architects Planners, Inc.
2. On June 3, 2014, the City Council reviewed the priorities established by the Parks
and Recreation Commission for the Action Plan Matrix from the POSMP and
approved the priority list. One of the top priorities was to meet with private
schools/churches to discuss possible use of their property for recreational use.
3. In January 2016, staff began discussions with Temple City Immanuel Church
(Immanuel Church), located at 9953 Las Tunas Drive, regarding the possible use of
facilities at the Church for recreation programs.
4. In February 2016, staff began discussion with First Lutheran Church in Temple City
(First Lutheran), located at 9123 Broadway, regarding possible use of their facilities
for recreation programs.
City Council
June 7, 20 16
Page 2 of 3
5. In March 2016, a tentative agreement was reached with First Lutheran for use of
various facilities for the City's summer STARS program and with Immanuel Church
for use of various facilities for the City's summer Dance Camp.
6. On May 4, 2016, both Immanuel Church and First Lutheran indicated acceptance of
the terms of the License Agreements.
ANALYSIS:
With park and recreation facilities extremely limited in Temple City and the growing
need for additional or expanded program, one of the top priorities of the POSMP,
identified by the Parks and Recreation Co mmission and the City Council, was to
explore possible uses of private facilities for public recreational use. To that end , over
the past several months staff has been negotiating with two private churches, Immanuel
Church and First Lutheran, for possible use of various facilities at those sites for public
recreation programs.
First Lutheran has a school on site with several classrooms, a kitchen, a fellowship hall,
and outdoor amenities including a playground, field , and basketball court. The school
recentl y closed down leaving the facilities vacant th roughout the week. Staff contacted
representatives at First Lutheran in regards to possible use of the facility for the City's
summer STARS program. After discussions, the City and Fi rst Lutheran agreed upon
use of two classrooms, the outdoor areas, and limited use of the kitchen and fellowship
hall for the 1 0 week summer STARS program . The agreed upon fee for this use is
$7,000. Based on the requested hours of use, Monday-Friday from 7 a.m.-6 p.m.
Immanuel Church also has various facilities that could be used for public recreation
include a gymnasium , classrooms, and a dance room . Staff discussed several possible
uses of these facilities including use of the gym for the basketball session of Summer
Sports Ca mp, as well as use of the dance room for a summer Dance Camp. However,
based on availability of the gymnasium, at th is time the City is only requesting use of
the dance room for the summer Dance Camp. We hope to use the gymnasium in the
fall and winter for new ad ult sports leagues. The fee for use of the dance room for the
six week program is $1 ,260.
The summer use of the Immanuel Church and First Lutheran could lead to greater
access and possible joint projects with these private facilities that would allow for
add itional and expanded recreational opportunities for the community. It should be
noted that use of these private facilities is in no way meant to eliminate or reduce use of
public school facilities, including those in the Temple City Un ified School Distri ct and the
El Monte City School District, for the City's various recreation programs. The City is
currently worki ng with both Districts to develop new Facilities Use Agreements.
City Council
June 7, 2016
Page 3 of 3
CITY STRATEGIC GOALS:
Approval of the License Agreements with Immanuel Church and First Lutheran will further
the City's Strategic Goals of Good Governance and Quality of Life.
FISCAL IMPACT:
Approval of this item will have an impact on the Fiscal Year (FY) 2015-16 budget. The
fee for use of First Lutheran ($7,000), plus a $2,000 security deposit, are due prior to the
first day of use, June 13, 2016. A budget amendment in the amount of $9 ,000 in account
01 -940-57-4618 is needed. Funds have been included in the FY 2016-17 proposed
budget for the summer use of Immanuel Church, as well as other possible uses of both
facilities throughout 2016-17.
ATTACHMENTS:
A. License Agreement-Temple City Immanuel Church
B. License Agreement -First Lutheran Church of Temple City
ATTACHMENT A
LICENS E AGREEME T
This License Agreement (the '·License Agreement") is made and entered into as of
_______ , 2016 by and between the T EMP LE CfTY IMMA UEL C HURCH a
California no nprofit corporation (the '"Licensor"). and the CITY OF TEMPLE CITY, a municipal
corporation (the .. Licensee"), v ho agree as fol lows:
I. Recitals. This License Agreement is made with reference to the following facts and
circumstances:
(a) Licensor is the owner of that ce11ain real property located at 9953 Las Tunas Drive,
in the City ofTemple City, County ofLos Angeles, tate of California (the "Licensor's
Property").
(b) Licensee operates a youth recreational program for children in grades 1 through 8
(the .. uper tars Dance Camp .. ) and is in need of a location to conduct its Dance Camp for the
Summer 2016 session.
(c) Licensee desires to obtain license to use certain areas within the Licensor's
Property for the purpose o f operating the Dance Camp. and Licensor is agreeable to granting such
a license to Licensee on the terms set forth is this License Agreement.
2. Grant of License; U se. On and subject to the terms and conditions set forth in this License
Agreement. Licensor grants to Licensee a license to use the Dance Room and restrooms within
the Licensor's Prope11y (the .. Licensed Premises'·) for the conduct of the Dance Camp. This
license shall be non-exclusive during the Term of this Agreement; however Licensee shall be
entitled to the exclusive use of the Dance Room Tuesdays and Thursdays, 3:30 -6:30 p.m., June
14 -July 2 1. 2016. Licensee is also entit led to use those areas of the Licensor's Property
necessary to facilitate Li censee's use of the Licensed Premises for the Dance Camp, including
parking areas and driveways, yards, walkways and oth er means o f in gress and egress.
(a) Use of the Licensed Premises shall be in compliance with all applicable laws, rules
regulations and any permits Licensor has been granted fo r the Licensor's Property.
3. Term; Li cense Fee.
(a) The term of this License Agreement (the ·Term'·) will commence on June 14,
20 16 and thereafter continue in fu ll force and effect until July 21, 2016. 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) o f th is License Agreement.
(b) In consideration for the grant of the license provided for in this License
Agreement. License agrees to pay to Licensor a fee of $35/hour for a total of One Thousand Two
Hundred Sixty Dollars ($1 ,260.00). uch fee shall be paid upon receipt of a valid invoice in
accordance with the City's payment policy.
(c) The fai lure by the Licensee to remit the fee as called lo r herein at the
commencement of this Licensee Agreement, for any reason, this License Agreement shall be void
RIV #48 14-1235-0256 vJ
and of no further Ioree or effect.
4. Signage. Licensee may install and ma intain at its so le cost and expense one (I) temporary
sign to identify the Licensor's Property as the site of the Dance Camp. uch sign shall be taken
down du ri ng times when Licensee is not us ing the Licensed Premises.
5. Maintenance: Uti lities.
(a) Licensee shall keep the Licensed Premises in a nea t and tidy condition during its
use of the Licensed Premises. Licensee may dispose of any trash it generates in Licensee's trash
receptacles. Licensor shall pro ide janitorial ser ices and keep the Li censed Premises in a clean
and sanitary condi tion.
(b) Licensee agrees to repair, or pay for Licenso r'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 Prem ises in a safe cond iti on su itable for Licensee's use of
the Licensed Premises. Upon di scovery of an y unsafe conditions within the Li censed Premises,
the discovering party shall promptly notify the other in writing thereof. Licensor shall ensure that
all electrical. plumbing, HV AC, and structural components of the Licensed Premises are in good
v\Orking order.
(c) Licenso r shall be responsible for all uti lit y charges associated with the operati on of
the Licensor's Property, including but not limited to electricity, natural gas, and trash and
recyclables collection.
6. Assignment. Licensee hall not assign its rights under this License Agreement and any
attempt to do so shal l be void.
7. urrender. Upon the expiration or sooner terminati on of the Term of this License
Agreement, Licensee shall qui t and surre nder possession of the Licensed Premises in good
conditi on and repair. reasonable wear and tear, damage by the elements or oth er casualty. and
damage caused by Licensor, its employees, agents and permittees excepted.
8. Indemnification.
(a) Licensee shall indemni fy and hold Licensor harmless fro m and against any and all
claims arising from Licensee's use of the Licensed Premises, and shall fu rther indemnify and hold
Licensor harmless from and against any and all clai ms 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 intenti onal mi sconduct of the Licensee. or any of
Lice nsee's agents. contractors, or employees, and from and against all costs, attorney's fees,
expenses and liabilit ies incurred in the defense of an y such claim or any action or proceeding
brought thereo n: and in case any acti on or proceeding be brought aga inst Li censor by reason of
any such claim. Licensee upon notice from Licensor shall defe nd the same at Licensee's expense.
Licensee, a a material part of the consideration to Licensor, hereby assumes all risk of damage to
propert y or injury to persons, in, upon. or about the Licensed Premises arising from Licensee's use
or the Licensed Premises and Licensee hereby ' ai es all claims in respect thereof against
Licensor. The obligations of Licen ee under this paragraph arising by reason of any occurrence
taki ng place during the Term shall survive any termination of this License Agreement.
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(b) Licensor shall indemnify and hold Licensee harmless fro m and against any and all
cl aims arising from Licensor's use of the Licensed Premises, and shall further indemnify and hold
Licensee harm less from and against any an d all claim s ari sing from any breach or default in the
performance of any obli gation on Licensor's part to be perfo rmed under the terms of this License
Agreement, or arising from any negli gence or intenti onal misconduct of the Licensor, or any of
Licensor's agents. contractors, or employees and from and against all costs, attorneys' fees,
expense and liabi liti es incurred in the defense of any such claim or any action or proceeding
brought thereon; and in case any action or proceeding be brought aga inst Licensee by reason any
such claim, Li censor upon notice rrom Licensee shall depend the same at Licenso r's ex pense.
Licensor, as a material part of the consideration to Licensee, hereby assumes all ri sk of damage to
property or injury to persons, in, upon, or about th e Licensed Premises arising from Licensor's use
of the Licensed Premises and Licenso r hereby waives all claims in respect thereof against
Licensee. The obli gations of Licensor under this paragraph arisi ng by reason of any occurrence
taking place during the Term shall survive any term inati on of this License Agreement.
9. Acceptance of Propert y. Licensee hereby represents that prio r to the commencement of
the term of th is License, the Licensee has inspected the Prope rty and Prem ises, and that the Property
and Premises are in acceptable repair, order, and condition for Licensee's intended use of th e
Property and the Premises.
I 0. 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 ri ghts or remedies; and, consent, waiver or
compromise by either party of or under any of the provisions of this License Agreement , or as to
any breach or default hereunder by the other party, shall not constitute or be construed as a waiver
of such party's ri ght to enforce strict interpretation and perfo rmance of the conditions and terms
hereof by the other party at all oth er 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 opti on, may, at any time after such
default or breach, re-enter and take possession of the Licensed Premi ses and remove all persons
therefrom; provided, however, that Licensor shall have first given Licensee written noti ce of any
such default or breach together with a demand that such defau lt or breach be cured within fifteen
( 15) days after receipt of notice and Licensee shall-have fail ed to commence during such default
or breach and to proceed in a diligent manner therewith.
I I. Noti ces. All notices and other communications given pursuant to this License Agreement
shall be in writing and shall be deemed received when personally delivered (incl ud ing by
commercial courier or next business day delive ry se r icc) or upon the third (3 rd) day after deposit
in the United tates mai l, registered or certified, postage prepaid, return receipt requested, to the
parties at the addresses set forth below:
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LICE SOR: Temple City Immanuel Church
A ttn: Jeff L in
9953 Las T unas Drive
Temple City, CA 9 1780
LICENSEE: City of Temple City
A ttn: Cathy Burroughs, Director of Parks & Recreation
970 I Las Tunas Drive
Temple City, CA 9 1780
/\ny party may, from time to ti me, by written notice to the other. designate a different address
which shall be substituted for the one above spcci fied.
12. Insurance. Licensee shall maintain, at its so le cost and expense. personal injury, property
damage, and l iability insurance against claims for bodily inj ury, death or property damage caused
or related to Licensee ·s use of the Licensed Premises, in an amount not Jess than Two Million
Dollars ($2,000,000.00) per occurrence. Licensor shall be named as an additional insured.
13. M ediation-Arbitration C lause. T he Parties hereto agree to mediate an y dispute or
claim arising between them out of this Agreement, or any resulting transaction, before resorting to
arbitration. M ediation fees shall be divided equally among the parties involved. If any par ty
commences an action based on a d ispute 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 i f fees would otherw ise be available to the party in any such action.
THE PARTIES AGREE THAT A Y DISPUTE OR CLAIM I L AW OR EQUITY
ARISI G BETWEE THEM OUT OF TH IS AGREEME T, OR A Y RESULT! G TRA SACTIO , WHICH IS OT
ETTLED BY MEDIATIO , SHALL BE DECIDED BY EUTRAL, BI Dl G ARBITRATIO . T i lE ARBITRATIO
IIALL BE U DER THE RULES OF THE JUDICIAL A RBITRATIO A D M EDIATIO ERVICES (JAMS). THE
ARBITRA rOR IIALL BE A IMPARTIAL RETIRED JUDGE OR JUSTICE, OR A REAL ESTATE ATTOR EY
WITII AT LEAST 15 YEA RS OF FULL TIME REAL ESTATE LAW EXPERIE CE, U LESS THE PARTIES
MUTUALLY AGREE TO A DIFFERE T ARBITRATOR. WIIO HALL RENDER A A WARD WITH DETAILED
REA 0 ED r l Dl GSA D CO CLU 10 S I ACCORDA Cl:. WITH THE SUBS I A TIVE CALI FOR lA LAW.
l ALL OTI IER RESPECTS, THE ARB ITRATIO SIIALL BE CO DUCTED IN ACCORDA CE WITH PART Ill,
TITLE 9 m Till:. CALIFORNIA CODE OF CIVIL PROCEDURE. JUDGME T UPO TilE AWARD OF THE
ARBITRATOR(S) MAY BE E TERED I ANY COURT I lA VI 1G JURISDICTIO . THE PARTIES SHALL IIA VE
TilE RIGHT TO DISCOVERY I ACCORDA CE WITH CODE m CIVIL PROCEDURES 1283.05. EXCEPT
TIIAT EACH PARTY SHALL BE E TITLED AS A MATTER OF RIGHT TO TAKE 0 E DEPOSITIO OF THE
OTIIER PARTY WITHOUT THE REQU IREME TOR CO SE T OF THE ARB ITRATOR. [ A Y CO TROVERSY
OR DISPUTE REQUIR I G LEGAL LITIG ATIO /ATTOR EYS. THE PREVAIL! G PARTY SHALL BEE TITLED
TO RL:.A 0 ABU:. A TTOR EY FEES A D COSTS.
LICE SOR I ITIAL : ____ _ LICE SEE l ITIALS: ----
LICE ISOR I ITIAL : -----LICE SEE INITIALS : ___ _
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14. Mi scellaneo us.
(a) This Lice nse Agreement is to be governed by and construed in accordance with the
laws of the tate of California.
(b) o term or pro vision of this License Agreement may be amended, altered, modified
or waived orall y or by a course of conduct, but only by an instrument in writing signed by a duly
authorized offi cer 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 subj ect to such conditions as shall be specified in the written instrument
effecting the same. Any waiver shall be effective onl y in the specific instance and for the specific
purpose for which given.
(c) The invalidity or unenforceability of any term or provision ofthis 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 thi s License Agreement brings an action to enforce the terms hereof
or declare rights hereunder, the pre ailing 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 respecti ve successors.
(f) 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, fi xtures
or equipment.
(g) Li censee shall be responsible, ifthe pl ay yard area equ ipment, if any, as used for the
benefit of the Licensee, and if the equipment or pl ay 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 fo und, 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
inquiri es, 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 reli gious 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 shal l provide any sec urity for personal property of Licensee.
(f) This License Agreement may be executed in counterparts, each of which is an
ori ginal but all of which together constitute but one and the same instrument. Signature and
acknowledgment pages, if an y, of this License Agreement may be detached from any counterpart
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RIV 114814-1235-02"6 d
and re-attached to any other counterpart of this License Agreement which is identi cal 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 representati ves as of the date first set fo rth above.
CITY OF TEMPLE CITY, a
municipal corporation
Bryan Cook. City Manager
Attest:
Peggy Kuo, Ci ty Clerk
Approved as to Form :
Eric . Vail, City Attorney
RIV /148 14-1235-0256 \3
6
Temple City Immanuel Church, a
California nonpro fit co rporation
By:
(Pri nt arne & Title)
By:
(Print Name & Title)
,--------------------
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 _______ _
)
) ss
)
On __________ , before me, ___________________ _
(Name ofNotary)
notary public, personally appeared _____________________ and
who proved to me on the basis of
sati sfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
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.
1 certify under PE AL TY OF PERJURY under the laws of the State ofCalifornia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(Notary Signature)
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RIV #4~ 14-1235-0256 v3
-----------------------------------------------------
ACKNOWLEDGMENT
A notary public or other officer completing thi s
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 th at document.
State of California
County of _______ _
)
) ss
)
On , before me, -----------------------------------------------------------(N ame ofNotary)
notary public, personally appeared ________________________________________ and
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authori zed
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the enti ty
upon behalf of which the person(s) acted, executed the instn llnent.
I certi fy under PE ALTY OF PERJ URY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(Notary Signature)
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ATTACHMENT B
LICENSE AGREEME T
This License Agreement (the ''License Agreement") is made and entered into as of
, 20 16 by and between the FIR T LUTHERA CHURCH OF TEMPLE
CITY, a California nonp rofit corporation (the ''Licensor"), and the CITY OF TEMPLE CITY, a
municipal corporati on (the "Licensee .. ), who agree as fo llows:
I. Recitals. This License Agreement is made with reference to the fol lowing facts and
circumstances:
(a) Licensor is the owner of that certain real property located at 9123 Broadway, in the
City of Temple City, Coun ty of Los Angeles, State of California (the ·'Licensor's Property").
(b) Licensee operates a yo uth recreational program for children in grades I through 6
(the ·'STAR Club .. ) and is in need of a locati on to co nduct its STARS Club for the Summer 20 16
seSSIOn.
(c) Licensee desi res to obtai n license to use certain areas within the Licensor's
Property for the purpose of operati ng the STARS Club. and Licensor is agreeable to granting such
a license to Licensee on the terms set forth is this License Agreement.
2. Grant of License; Use. On and subject to the terms and conditions set forth in this License
Agreement, Li censo r grants to Licensee a li cense to use classrooms 6 and 8, the restrooms, the
kitchen, the Fellowship Hall, the outdoor field and pl ayground, and the outdoor storage shed
within the Licensor's Property (the ·'Licensed Premises") fo r the conduct of the STARS Club.
This license shall be non-exclusive except Li censee shall be enti tled to the exclusive use of the
storage shed during the Term of this Agreement, and Licensee shall be entitled to the exclusive
use of the classrooms during the operating hours of the TARS Club (Monday through Friday,
7:00 a.m. to 6:00p.m.). Licensee is also entitled to use those areas of the Licensor's Property
necessary to facilitate Licensee's usc of the Licensed Premises for the STARS Club, includ ing
parking areas and dri veways, yards, walkways and other means of ingress and egress.
(a) Use ofthe fell owship Hall by STAR Club attendees shall be lim ited to dining
between the hours of II :30 a.m. and 12:30 p.m.
(b) Use ofthc kitchen shall be limited to the preparation of beverages and pre-
packaged/pre-cooked food. Licensee shall not use any ovens or ranges in the preparation of food.
(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 thi s License Agreement (the "Term") will co mmence on Ju ne I I,
2016 and thereafter continue in full force and eff ect unti l August 20.2016. The Term ma y be
termi nated upon failure of Li censee to cure a default or breach of th is License Agreement as set
forth in Paragraph 9(b) of thi s Li cense Agreement.
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(b) In considerati on for the grant of the license provided for in thi s License
Agreement, License agrees to pay to Licensor a fee of Seven Thousand Doll ars ($7,000.00). Such
fee shall be paid prior to the commencement date of the Term of thi s License Agreement.
(c) The fai lure by the Licensee to remit the fee as call ed for herein at the
commencement of this Licensee Agreement, for an y reason, thi s Li cense Agreement shall be void
and of no furth er force or effect.
4. Signagc. Licensee may install and mai ntain at its so le cost and expense one ( 1) temporary
sign to identi fy the Licensor's Property as the site of the STARS Club. uch sign shall be taken
down during times when Licensee is not using the Licensed Premises.
5. Maintenance; Utilities.
(a) Licensee shall keep the Licensed Premi ses in a neat and tidy condition during its
use of the Licensed Premises. Licensee may dispose of any trash it generates in Licensee's tras h
receptacles. Licensor shall prov ide janitorial services and keep the Licensed Premises in a clean
and sanitary condition.
(b) Licensee agrees to repair, or pay for Li ce nsor's costs to repair, any damage to the
Licensed Premises that is caused by Licensee's use of the Licensed Premi ses. Licensor shall be
responsible for keeping the Licen sed Premises in a safe co ndition suitab le fo r Licensee's use of
the Licensed Premises. Upon discovery of any unsafe co ndi tions with in the Licensed Premises,
the di scovering party shall promptly notify the other in writing thereof. Licensor shall ensure that
all electrical , plumbing, HV AC, and structural components of the Li censed 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 limi ted to electricity, natural gas, and trash and
recyclables co llecti on.
6. Assignment. Licensee shall not assign its right s under this License Agreement and any
attempt to do so shall be void.
7. Security Deposit. The sum of Two Thousand and 00/1 00 Doll ars ($2,000.00) Dollars
is to be deposited with Licensor, as a Security Deposit, prior to th e commencement date of the Term
of this License. Licensee understands that the Licensee may use no po rti on of this deposit fo r the
License Fcc called for under ec ti on 3. Licensor may deduct from the Security Deposit the
Licensee's defaults, repair damages caused by the Licensee. Licenso r agrees not to deduct any
amounts from the ecurity Deposit to repair damage without noti fying the Licensee in ad ance of
the damage and the cost of repair, and providing Licensee the opportunity to contest the deduction.
Licensor shall not deduct any amounts from the ecurity Deposit that are contested by Licensee
without reasonable proo f that the damage was caused by Licensee and not by another user of the
Licensor's Property.
During the term of the License. Li censee agrees to rep lace any security funds so deducted
within thirty (30) days, and the failure by the Licensee to replace such fun ds deducted wit hin thi s
time frame shall pl ace the Licensee in defa ult, and immediate ly termina te this License.
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Said Security Deposit shall be held in a federall y insured trust account by the agent of the
Licensor, Gerald R. Bushore Real Estate Broker, Inc., or Ryan C. Bushore Real Estate Broker, and
Licensee agrees and acknowledges that no interest shall be paid for the benefit of Licensee on
deposited security funds, at any time.
At the end of the License, Licensee shall provide Licensor a complete and fu ll set of keys for
entry into al l areas requiring a key. Fai lure of thi s key requirement and the Licensor then requiring
a locksmith expense for entry and re-keying shall be deducted from the Security Deposi t.
The security deposit, together with an itemized accounting of any deduct ions, shall be refunded to
Licensee within thirty (30) days of the terminati on of this Agreement.
7. Surrender. Upon the ex piration or sooner termination of the Term of thi s License
Agreement, Licensee shall quit and surrender possession of the Licensed Prem ises in good
condttion and repair. reasonable wear and tear, damage by th e 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 ofthe Licensed Prem ises. and shall fu rther indemnify and hold
Licensor harmless from and against any and al l 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 ari sing fro m any negligence or intentional mi sconduct of the Licensee, or any of
Licensee's agents, contractors, or employees, and from and against al l 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 aga inst Licensor by reason of
any such claim, Licensee upon notice from Li censor shall defend the same at Licensee's expense.
Licensee, as a material part of the consideration to Licenso r, hereby assumes all ri sk of damage to
property or injury to persons, in. upon, or about the Licensed Premi ses ari sing from Licensee's use
of the Li censed Premises and Licensee hereby waives all claim s in respect thereof against
Licensor. The obli gations of Licensee under this paragraph ari sing by reason of any occurrence
taking place during the Term shall survive any terminat ion 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
Li censee harmless from and against any and all claims arising from any breach or defau lt in the
pe rformance of any obligation on Licen sor's part to be performed under the terms of th is License
Agreement, or ari sing from any negligence or intentional misconduct of the Licenso r, or any of
Licensor's agents, contractors, or employees and from and against all costs, attorneys' fees,
expense and li abilities incurred in the de fense of any such claim or any action or proceeding
brought thereon; and in case any action or proceedi ng 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 considerati on to Licensee, hereby assumes all ri sk of damage to
property or injury to persons. in, upon, or about the Licensed Premises arisi ng from Licensor's use
of the Licen ed Premises and Licensor hereby waives all claim s in respect thereof against
Licensee. The obligations of Licenso r under thi s paragraph ari sing by reason of any occurrence
tak ing place during the Term shall survive any termination of this License Agreement.
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RIV #4814-1235-0256 v3
9. Acceptance of Property. Licensee hereby represents that prior to the commencement of
the term of thi s License, the Licensee has inspected the Propert y and Premises, and that the Property
and Premises are in acceptable repair, ord er, and co ndition for Li censee's intended use of the
Property and the Premises.
9. Default.
(a) Either party hereto may, from time to time, at its opti on, exercise all rights or
remedi es whi ch it may have either at la w or in equity and nothing herein contained shall be
construed as in any way abridging or waiving any such ri ghts or remedies; and . consent, waiver or
compromise by either party of or under any of the pro is ions of this License Agreement, or as to
any breach or default hereunder by the other part y, shall not constitute or be construed as a waiver
of such party's righ t to enforce stri ct 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, Li censor, 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 noti ce of any
such default or breach toge ther wi th a demand that such default or breach be cured wi thin fifteen
( 15) days after receipt of notice and Licensee shall -have fai led to commence during such default
or breach and to proceed in a diligent manner there with.
I 0. otices. All notices and other communications given pursuant to this License Agreement
shall be in writing and shall be deemed received when personall y deli vered (including by
commercial courier or next business day deli very service) or upon the third (J rd) day after deposit
in the United tates mail, registered or certified. postage prepaid, return receipt requested, to the
parti es at the addresses set forth below:
LICE SOR: First Lutheran Church
Ann: Jo Tschopp
9 123 Broadway
Temple City, CA 91780
And
Ryan C. Bushore
P.O. Box 4
1\twood, CA 9281 1-0004
LI CENSEE: City ofTemp le City
Attn: Cathy Burroughs
9701 Las Tunas Drive
Temple City, CA 91780
Ann: Director of Community Services
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RIV #4814-1235-0256 v3
Any party may, from time to time, by w ritten notice to the other, designate a dif ferent address
which shall be substituted for the one above specified.
II . 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 occurr ence. Licensor shall be nam ed as an additional insured.
12. Mediation-Arbitration Clause. The Parties hereto agree to mediate any dispute or
claim arising between them out of this Agreement, or any resulting transaction, before resorting to
arbitration. Mediation fees shall be divided equally among the parties involved. I f any party
commences an action based on a dispute or claim to which this paragraph applies, w ithout first
attempting to reso lve the m atter through mediation, then that p arty shall not be entitled to recover
attorney fees, even i f fees would otherwise be available to the party in any such action.
A rbitration o f Disputes. THE PARTIES AGREE THAT ANY DISPUTE OR CLAIM IN L AW OR EQUITY
ARISI G BETWEE THEM OUT OF THIS AGREEM E T, OR A Y RESULT! G TRA SACTIO , WHICH IS OT
SE1TLED BY MED IATION, SH ALL BE DECIDED BY EUTRAL, Bl Dl G ARBITRATIO . T HE ARBITRATIO
SHALL BE U DER TilE RULES OF TH E JUDICIAL ARBITRATIO AND MEDIATIO SERVICES (JAMS). T ilE
ARBITRATOR SHALL BE A IMPARTIAL RETIRED JUDGL: OR JUSTICE, OR A REAL E TATE ATIOR EY
WITH AT LEA T 15 YEA RS 01· FULL TIM(:; REAL ESTA rE LAW cXPERI L:i\Cl::. U LES THE PARTIES
MUTUALLY AGREE TO A DIFFERE T ARBITRATOR , WHO SHALL RE DER A AWA RD WITH DETAILED
REASONED Fl Dl GS AN D CONCLUSIO SIN ACCORDA CE WITH TH E SUB TA TIVE CALI FORNIA L AW.
l ALL OTHER RESPECTS, TilE ARBI TRATIO SHALL BE CO DUCTED I ACCORDANCE WITH PART III ,
TITLE 9 OF THE CALl FOR lA CODE OF CIVIL PROCEDURE. JUDGME T UPO THE A WARD OF THE
ARBITRATOR( ) MAY BE E TERED I A Y COURT HA VI! G JURISDI CTIO . THE PARTI ES SHALL HAVE
THE RIGIIT TO DISCO VERY I ACCORDA CE WITH CODE OF CIVIL PROCEDURES 1283.05. EXCEPT
THAT EACH PARTY SHALL BEE TITLED AS A MATIER OF RIGHT TO TAKE 0 E DEPOSITIO OF THE
OTHERPARTYWITIIOUTTHE REQUIREME TORCO SE TOFTHEARBITRATOR.l A YCO TROVERSY
OR DISPUTE REQUIRI G LEG AL LITIGATI O /AlTOR EYS. TilE PREVAIL! 'G PARTY SHALL BE E TITLED
TO REASO ABU:. A ITOR EY FEES A D COSTS.
LICE SOR INITIALS: LICE SEE INITIALS : ---------
LICE SOR INITIALS: LICEN EE I ITIALS: ---------
I 2. Miscellaneous.
(a) This License Agreement is to be governed by and construed in accordance with the
laws of the State of California.
(b) o 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. J\ny 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. J\ny waiver shall be effective only i n the specific instance and for the specific
purpose for which given.
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R IV 114814-1235-0256 '3
(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 Agreemen t brings an action to enfo rce the terms hereof
or declare rights hereunder, the pre ailing party in such action, on tri al or appeal, shall be entitled to
reasonable anomeys' fees to be paid by the losing party as fi xed by the court.
(e) Except as provided in ParagTaph 6, this License Agreement shall inure to the benefit
of and be binding upon the parties and their respective successors.
(f) Licensor is not currentl y in compliance with Califo rn ia Public Resources Code §
25402.10, as the Licensor has not obtained an y energy usage data, nor has the Licensor obtained
an Energy tar perfo rm ance score relating to the energy co nsumption of any appliances, fixt ures
or equipment.
(g) Licensee shall be responsible, if the play yard area equipment, if any, as used fo r the
benefit of the Licensee, and if the equipment or play ya rd is found not to be in compliance with any
existing or future governmental codes; and if found not to be in compl iance, the use thereof by the
Licensee shall immedi ately stop, until found, or certi fied, to be in compl iance. 1t 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 comp liance requirements and expenses prior to entering into
the License. Li censee is further advised to contact and co unsel with appropriate professionals.
(h) Licensee understands that Licensor is a religious entity that has religious symbols
on or about the Proper1y. Licenso r shall not accommodate Licensee's request, if any. to remove,
cover, or hide any religious symbols located in publi c view, shared areas or non-shared use areas
occupied by the Licensor.
(i) Licensee shall prov ide any security for personal propert y of Licensee.
(f) This License Agreement may be executed in counterparts, each of which is an
original but all of which toge ther constitute but one and the same instrument. Signature and
ac knowledgment pages. if any, of this Lice nse Agreement may be detached from any counterpart
and re-attached to any other counterpart of th is Li cense Agree ment which is identi cal in fo rm
hereto but having attached to it one or more additional signature and acknowledgment pages.
The parties have caused thi s Li cense Agreement to be dul y executed by their respective
duly authorized offi cers or representatives as of the date first set fo r1h above.
CITY OF TEMPLE CITY, a
municipal corporati on
Bryan Cook, City Manager
RIV 114814-1235-0256 v]
6
FfRST LUTHERA CHURCH, a
California nonprofit co rporation
By:
(Print Name & Title)
Attest: By: -------
(Print Name & Title)
Peggy Kuo, City Clerk
Approved as to Form ·
Eric S. Va il. City Attorney
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RIV #48 14-1235-0256 v3
ACKNOWL EDGMENT
A notary public or other officer co mpleting this
certificate verifi es only the identity of the
ind ividual who signed the documen t to which this
ce rtificate is attached, and not the truthful ness,
accuracy, or validity of that document.
tate of Califomia
Count y of
notary public. personally appeared
) ss
)
and ----who pro ed to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in hi s/her/their auth orized
ca pacity(ies), and that by hi s/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of whi ch the person(s) acted, executed the instrument.
I certify under PE ALTY OF PERJURY under the laws of the State ofCali fornia that the foregoing
paragraph is true and correct.
WITNE m) hand and official seal.
( otary Signature)
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ACKNOWLEDGMENT
notary public or other officer completing this
certificate verifies onl y the identit) of the
indi vidual who signed th e document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
tate of California
County of _______ _
)
) ss
)
On __________ . before me. ___________________ _
( arne ofNotary)
notary public. personally appeared ----------------------and
who proved to me on th e basis of
sati sfactory evidence to be th e person(s) whose name(s) is/arc subscribed to the within instrument
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 pcrson(s), or the entity
upon behalf or which the person(s) acted. executed the instrument.
I certify under PE AL TY OF PERJ URY under the laws of the State ofCalifornia that the foregoing
paragraph is true and correct.
WITNE my hand and official seal.
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