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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. Rl V #48 14-1235.{)256 v3 (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 2 RIV #4814-1235-0256 v3 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 3 RIV #48 14-1235.0256 v3 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 4 RIV #4814-1235-0256 v3 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, 5 RIV #4814-1235.Q256 v3 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 RIV #4814-1235-0256 v3 6 Temple City Immanuel Church, a California nonprofit corporation By: (Print Name & Title) By: --------------------- (Print arne & Title)