HomeMy Public PortalAbout7D Approval of License Agreement with TC Immanuel ChurchDATE:
TO:
FROM:
PARKS AND RECREATION DEPARTMENT
MEMORANDUM
September 6, 2016
The Honorable City Council
Bryan Cook, City Manager A oJ
By: Cathy Burroughs, Director of Parks and Recreation LJ(V'
AGENDA
ITEM 7.0.
SUBJECT: APPROVAL OF LICENSE AGREEMENT WITH TEMPLE CITY
IMMANUEL CHURCH
RECOMMENDATION:
The ·City Council is requested to approve the License Agreement with Temple City
Immanuel Church and authorize the City Manager to execute the Agreement.
BACKGROUND:
1. On April 2, 2014, the 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. On June 7, 2016, the City Council approved a License Agreement with Immanuel
Church for use of the dance room at the church for summer Dance Camp.
5. In August 2016, City staff met with a .representative from Immanuel Church to
discuss and finalize use of the dance room and gymnasium at the church for various
youth and adult recreation programs beginning in September.
City Council
September 6, 2016
Page 2 of 3
ANALYSIS:
With park and recreation fa cilities extremely limited in Temple City and the growing
need for additional or expanded programs, one of the top priorities of the POSMP,
identified by the Parks and Recreation Commission and the City Council , was to
explore possible uses of private facilities for public recreational use. To that end staff
negotiated ag reements with two private churches, Immanuel Church and First Lutheran
Church in Temple City (First Lutheran), for use of various facilities at those sites for
public recreation programs. This past summer, First Lutheran was one of the summer
STARS program locations where the City had use of two classrooms, the outdoor play
areas, kitchen and fellowship hall for the 10 week program and, as mentioned
previously, summer Dance Camp was conducted at Immanuel Church.
Staff is recommending the school year SuperSTARS dance program be conducted at
Immanuel Church. With mirrored walls and a wood floor, the dance room at Immanuel
Church is much more conducive to that type of program than the multi-purpose room in
the Live Oak Park Annex where the dance program has been held the last several
years.
The City is looking to expand recreational opportunities for adults by offering adult
volleyball and basketball leagues. Due to the limited availability of Oak Avenue
gymnasium, the only option to offer this type of program was to find an alternate
location. The gymnasium at Immanuel Church, while smaller than a regulation
gymnasium , is adequate for a recreational adult sports program. Staff was ab le to
negotiate use of the gymnasium two days per week for an adult sports program with
Immanuel Church beginning in September 2016.
Below is an overview of the proposed use of the facilities at Immanuel Church:
Program Facility Days Times & Hourly Total Fee
Dates Rate
SuperSTARS 4:30-7:30 p.m.
Dance Dance Room T/Th 9/13/16 -6/1/17 $30 $5,400
Adult Volleyball & 6-10 p.m.
Basketball Gymnasium W/Th 9/14/16-11/17/16 $40 $3,200
CITY STRATEGIC GOALS:
Approval of the License Agreement with Immanuel Church will further the City's Strategic
Goals of Good Governance and Quality of Life.
City Council
September 6, 2016
Page 3 of 3
FISCAL IMPACT:
This item does not have an impact on the Fiscal Year (FY) 2016-17 City Budget.
Sufficient funds have been included for this purpose.
ATIACHMENT:
A. License Agreement-Temple City Immanuel Church
ATTACHMENT A
LICENSE AGREEME T
This License Agreement (the "License Agreement") is made and entered into as of
_______ , 2016 by and between the TEMPLE CITY IMMANUEL CHURCH a
Califo rnia nonprofit corporation (the "Licensor"), and the CITY OF TEMPLE CITY, a municipal
corporation (the "Licensee"), who agree as follows:
I. 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 9953 Las Tunas Drive,
in the City of Temple City, County of Los Angeles, State of California (the "Licensor's
Property").
(b) Licensee operates a youth recreational program for children in grades I through 8
(the "SuperStars Dance Team") and is in need of a location to conduct Dance Team activities for
the 2016-17 school year session.
(c) Licensee operates an adult Basketball and Volleyball program for adults 18years
and over and is need of a location to conduct the Volleyball and Basketball programs for the 2016
fall session.
(d) Li censee desires to obtai n license to use certain areas within the Licensor's
Property for the purpose of operating the Dance Team and adult Basketball and Volleyball, 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, Licensor grants to Licensee a license to use the Dance Room and restrooms within
the Licensor's Property (the "Licensed Premjses") for the conduct of the Dance Team and adult
Volleyball and Basketball leagues. 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, 4:30 -7:30 p.m., September 13, 2016 -June 1, 2017; and exclusive use of the
Gymnasium Wednesday and Thursday, 6:00 -10:00 p.m., September 14 -November 17,2016.
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 Dance Team and adult Volleyball and Basketball ,
includi ng parking areas and driveways, yards, walkways and other means of ingress 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 for the Licensor's Property.
3. Term; License Fee.
(a) The term of this License Agreement (the "Term") will commence on September
13, 2016 and thereafter continue in full force and effect until June 1, 2017. 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) ln consideration for the grant of the license provided for in this License
Agreement, License agrees to pay to Licensor a fee ofS30/hour for a total Five Thousand Four
Hundred Dollars ($5,400.00) for the use of the Dance Room and $3,200 for 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.
4. Signage. Licensee may install and maintain at its sole cost and expense one (I) temporary
sign to identify the Licensor's Property as the site of the Dance Team and adult Volleyball and
Basketball. Such sign shall be taken down during times when Licensee is not using the Licensed
Premises.
5. Maintenance; Utilities.
(a) Licensee shall keep the Licensed Premises in a neat 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 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 ofthe 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.
6. Assignment. Licensee shall not assign its rights under this License Agreement and any
attempt to do so shall be void.
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
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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 fro m 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
ofthe 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 thi s License Agreement.
(b) Licensor shall indemnify and hold Licensee harmless from and against any and all
claims arising from Li censor'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 Li censor hereby waives all claims in respect thereof against
Licensee. The o bligations of Licensor under thi s paragraph ari sing 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 condi tion for Licensee's intended use
of the 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 right to enforce strict interpretati on 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
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or breach and to proceed in a dil igent manner therewith.
11 . Notices. All notices and other communications given pursuant to this License Agreement
shall be in wri ti ng and shall be deemed received when personally delivered (including by
commercial courier or next busi ness day delivery service) or upon the third (3 rd) 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 Immanuel Church
Attn: JeffLin
9953 Las Tunas Drive
Temple City, CA 91780
LICENSEE: City of Temple City
Attn: Cathy Burroughs, Director of Parks & Recreation
970 I Las Tunas Dri ve
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 them out of th is Agreement, or any resulting transacti on, before re orting 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 reso lve 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 TllAT A Y DISPUTE OR CLAIM IN LAW OR EQUITY
ARISING BETWEEN THEM OUT OF THIS AGREEMENT, OR ANY RESUL TfNG TRA SACTIO , WHICH IS
OT SETTLED BY MEDIATIO , SHALL BE DECIDED BY EUTRAL, BfNDI G ARBITRATIO . THE
ARBITRATIO SHALL BE UNDER THE RULES OF THE JUDICIAL ARBITRATIO AND MEDIATIO
SERVICES (JAMS). THE ARBITRATOR SHALL BE At IMPARTIAL RETIRED JU DGE OR JUSTICE, OR A
REAL ESTATE ATTOR EY WITH AT LEAST 15 YEARS OF FULL TIME REAL ESTATE LAW EXPER IE CE,
UN LESS THE PARTIES MUTUALLY AGREE TO A DIFFERE T ARBITRATOR, WHO SHALL RE DER A
AWARD WITH DETAILED REASO ED Fl DINGS A D CO CLUSIO S I ACCORDA CE WITH THE
SUBSTA TIVE CALIFORNIA LAW. I ALL OTHER RESPECTS, THE ARBITRA TIO SHALL BE CO DUCTED
fN ACCORDA CE WITH PART Ill, TITLE 9 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE .
JUDGME T UPO THE AWARD OF THE ARBITRATOR{S) MAY BEE TERED I A Y COURT HAVI G
JURISDICTIO . THE PARTIES SHALL HAVE THE RIGHT TO DISCOVERY fN ACCORDA CE WITH CODE OF
CIVIL PROCEDURES 1283.05. EXCEPT THAT EACH PARTY SHALL BE E TITLED AS A MATTER OF
RIGHT TO TAKE 0 E DEPOS ITIO OF THE OTHER PARTY WITHOUT THE REQUIREME TOR CO E T OF
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THE ARBITRATOR. I A Y CO TROVERSY OR DISPUTE REQUIRING LEGAL LITIGATIO IATTOR EYS,
THE PREVAIL! G PARTY SHALL BE E TITLED TO REASO ABLE ATTORNEY FEES A D COSTS.
LICE SOR I ITIALS: LICENSEE I ITIALS: ----
LICE SOR l ITIALS: LICE SEE l ITIALS: ----
14. Miscellaneous.
(a) This License Agreement is to be governed by and construed in accordance with the
laws ofthe 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 onl y in the specific instance and for the specific
purpose for which given.
(c) The invalidity or un enforceability of any term or provision ofthis License
Agreement shall not affect the validity or enforceability of any other term or provision of thi s
License Agreement all of which shall remain in full fo rce 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 Li cense Agreement shall inure to the benefit
of and be binding upon the parties and their respective successors.
(f) Licensor is not currently in compliance with California Public Resources Code
25402.1 0, as the Licensor has not obtained any energy usage data, nor has the Licensor obtained
an Energy Star perfonnance score relating to the energy consumption of any appliances, fixtures
or equipment.
(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 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 und erstands 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,
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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:
Peggy Kuo, City Clerk
Approved as to Form:
Eric S. Vail, City Attorney
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Temple City Immanuel Church, a
California nonprofit corporation
By:
(Print Name & Title)
By: ---------------------
(Print arne & Title)