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Home My WebLink AboutCHRISTIANSEN AMUSEMENTS, INC. 1 -2011N-2011-107 INSURANCE ON F[LE WORN MAY PROCEED UNTIL INSURANCE EXPIRES CLERK OF COUNCIL NON-EXCLUSIVE LICENSE AGREEMENT DATE:SEP 4 ZQ» BETWEEN THE CITY OF SANTA ANA p', C D A/11-i oU,S I vl9 ? 2? AND CHRISTIANSEN AMUSEMENTS, INC. THIS LICENSE AGREEMENT ("Agreement") is made and entered into this ?? R--Q???e day of September, 2011, by and between the City of Santa Ana, a charter city and municipal corporation, herein referred to as "Licensor", and CHRISTIANSEN AMUSEMENTS, INC., herein referred to as "Licensee". 1. LICENSE AREA A. Licensor owns the properties located at 1901 W. Walnut Street, Santa Ana, California ["the License Area"]. See Exhibit A attached hereto and incorporated herein. Licensor desires to license use of said Area to Licensee. B. Licensee represents that it still desires a License in order to use said License Area as a storage area for its equipment. Licensee is required, and agrees, to maintain the chain link fencing that is already installed around the License Area. C. Licensee and Licensor shall have apre-license meeting at the License Area in order to review the condition of the License Area and to confirm that all paperwork, including insurance requirements, have been met. The pre-license and move-out meetings (see Section 7 c.) shall be scheduled with Ray Lirette, Senior Residential Construction Specialist, (714) 667-2256. 2. GRANT OF LICENSE a. Licensor grants to Licensee a personal, non-exclusive, revocable license ("License") to encroach upon the License Area as hereinabove described and shown in general in Exhibit A, attached hereto and incorporated herein by reference, for its use as a storage area for carnival equipment, hereafter referred to as "storage area." The term of the License period shall be from September 12, 2011 through September 21, 2011, unless terminated or extended pursuant to Section 7 hereof. b. Licensee is permitted to temporarily store, at grade level, non-toxic non- hazardous material. No excavation is permitted. No soil is to be exported from or imported to the License Area. c. License is responsible for to maintaining the chain link fence along the property line around the License Area. d. Licensee may not encroach upon the License Area for any other purpose or business, other than using it as a storage area, without obtaining Licensor's prior written consent. All materials placed within the License Area by Licensee must be removed by Licensee at the end of the term. e. Licensor will not be held responsible for loss of, or damage to, any personal property left on the License Area, or improvements made by Licensee in the License Area. f This License is made subject and subordinate to the prior and continuing right of Licensor to use the property or the use of the public right-of--way. 3. COMPENSATION a_ Licensee agrees to pay to Licensor a security deposit of Two Thousand Dollars ($2,000.00) prior to gaining legal access to the License Area. Said security may be paid to the City in the form of a cashier's check. Said security deposit shall be held by Licensor during the term of this Agreement and shall be returned to Licensee within thirty (30) days after termination of the term of this Agreement. Any clean-up, damages or repairs necessitated by Licensee's use of the License Area shall be paid for out of the security deposit by Licensee, with the remainder being returned to Licensee within said thirty day period. 4. DUTIES OF LICENSEE a. In exercising these rights, Licensee must use reasonable care and may not unreasonably increase the burden on the License Area. Licensee agrees that any use it makes of the License Area as specified herein shall be affected with all reasonable diligence and precaution to avoid damage to the land, property or personnel. b. Licensee agrees to conform to any reasonable requirements set forth by the Licensor related to the use of the License Area as a storage area set forth by the Licensor during the course of this License. c. Licensee agrees to not install or make any improvements to the License Area without the written approval of the Licensor. Licensee agrees to pay all the costs of the installation, operation, maintenance, repair and removal of any improvements in the License Area. d. Licensee will maintain the License Area in a neat, clean, sanitary and safe condition, to the satisfaction of Licensor, at the sole cost and expense of the Licensee. It should be maintained in a manner consistent with community standards which will uphold the value of the License Area, in accordance with this Agreement, the Santa Ana Municipal Code and all other applicable local, state and federal rules, regulations and standards. e. Licensee shall be responsible for the payment of all charges in connection with utility services provided to the License Area, "utility services" shall include natural gas, electricity and sewer. f. Licensee shall not record, hypothecate, assign or attempt to record, 2 hypothecate or assign this personal License. Any attempt by Licensee to record, hypothecate or assign this License shall automatically terminate this License Agreement and render this License void and invalid for all purposes. 5. EXTENSION/REVOCATION The parties may extend the term of the License upon a writing evidencing mutual agreement. Licensor may revolve this License, at will, upon five (5) days notice in writing to the Licensee. 6. NOTICES Any notice to be given by either party shall be deemed to be properly served if deposited with the United States Postal Service, or other acceptable mailing service, postage prepaid, to the addresses below: TO LICENSOR: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 (M-25) Santa Ana, CA 92702 Attn: Interim Executive Director, CDA COPY TO: Community Development Agency Housing &c Neighborhood Development Division 20 Civic Center Plaza P.O. Box 1988 (M-37) Santa Ana, CA 92702 Attn: Ray Lirette TO LICENSEE: Christiansen Amusements, Inc. P.O. Box 997 Escondido, CA 92033-0997 Attn: William Jacob, Vice President Phone: 760-735-8542 FAX: 760-735-8543 7. TERMINATION OF OCCUPANCY a. This Agreement will automatically terminate on September 21, 2011, unless terminated earlier pursuant to paragraph 5. b. Licensee accepts the License Area in an "as is" condition and upon termination or revocation of this License, Licensee shall, at its own cost and expense, remove any improvements installed by Licensee and surrender possession of the License Area to the Licensor in good order and repair and as nearly practicable to the state and condition in which it existed prior to the grant of this License, to the satisfaction of Licensor. c. Upon termination of use by Licensee, Licensee shall notify Ray Lirette, Senior Residential Construction Specialist, and amove-out inspection will be scheduled in order for the Licensor to review the condition of the License Area. d. In the event Licensee fails, neglects or refuses to remove said improvements and restore the License Area, such removal and restorations may be performed by Licensor, at the expense of Licensee, which expense Licensee agrees to pay to Licensor upon demand. 8. INSURANCE a. Licensee shall maintain commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence covering the License Area. Such insurance shall: (1) name the City of Santa Ana, its officers, agents, employees and volunteers as additional insureds; (2) be primary with respect to insurance or self-insurance programs maintained by the Licensor, and (3) contain standard separation of insureds provisions. b. Licensee shall, prior to and as a condition of exercising any rights under this License Agreement, (i) furnish properly executed certificates of insurance to the Licensor prior to exercising its rights under this License, which certificates shall clearly evidence all coverages required above and provide that such insurance shall not be materially changed or terminated except with 30 days prior written notice to the Licensor (ii) attach a completed and signed copy of the Licensor's "Additional Insured Endorsement" form, a copy of which is attached hereto as Exhibit B, to the certificates of insurance noted above; (iii) maintain such insurance from the time the project first commences until completion of the project under this License; and (iv) replace such certificates for policies expiring prior to the termination of this License_ 9. INDEMNITY Licensee shall indemnify, defend and hold harmless Licensor, its officers, agents, employees and volunteers from and against any and all loss or damage, expenses, injuries, death to any person or damage to property, including property and employees, volunteers, officers or agents of Licensor or Licensee, and shall indemnify, defend and hold harmless Licensor, its officers, agents, employees and volunteers from all claims, demands, suits, actions or proceedings of any kind, and all costs and expenses, including but not limited to reasonable attorneys' fees, settlements or judgment, arising out of the construction, reconstruction, maintenance, presence, operation, use, removal or state of repair, of the License Area. 10. GOVERNING LAW 4 This License shall be governed by and construed in accordance with the laws of the State of California, with venue in Orange County. 11. ENTIRE AGREEMENT This License, together with all attachments hereto, constitutes the entire understanding and agreement of the parties. It supersedes any and all other agreements either oral or in writing between the parties hereto with respect to the terms set forth in this License and contains all the covenants and agreements between the parties with respect thereto. Each party to this License acknowledges that no representation, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, with respect to such services, which are not embodied herein, and that no amendment hereto shall be effective unless set forth in writing, approved by the Licensor and Licensee. 12. INDEPENDENT CONTRACTOR It is understood and agreed that Licensee, in the performance of this License, will be acting in a wholly independent capacity and not as agents, employees, partners, or joint venturers of the Licensor. This License does not create a tenancy of any nature whatsoever between the Licensor and Licensee. 13. ASSIGNMENT BY LICENSEE PROHIBITED In no event shall Licensee assign or transfer any of the rights conferred herein without the prior express written consent of the Licensor. 14. ATTORNEY FEES AND COSTS In the event that any action is instituted to enforce payment or performance under this Agreement, or otherwise in connection with this Agreement, the parties agree that the prevailing party shall be reimbursed by the other party for all costs and attorneys' fees incurred by the prevailing party in such action. 15. CONFLICT OF INTEREST No member, official or employee of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any member, official or employee participate in any decision relating to this Agreement which affects his/her personal interests or the interests of any corporation, partnership or association in which he/she is directly or indirectly interested. The parties have executed this personal, non-exclusive, revocable License Agreement as of the date and year first written above. ATTEST: Maria D. Huizar Clerk of the Council LICENSOR: Nancy T. wards InterimE utive Director Community Development Agency APPROVED AS TO FORM: Joseph Straka Interim City Attorney 6?L?? Lisa Storck Assistant City Attorney PAUL M. WALTERS Interim City Manager LICENSEE: Christiansen Amus ents, Inc. William Jacob, Vice President 6 I SECQND _?_ _ I STREET u? w I ? ? -- ? N i FIRST i c i ? ?Yq? y ? S?' CHESTNUT Al/ENUE a STREET '190.7 West Walnut Street. Exn?b?t ? CORO?? Dare (MM/DD/YYYYI _ CERTIFICATE OF LIABILITY INSURANCE ?, ,?,, ,_ ., A11ied Specialty Insurance 8 5 N. E. Loop 41 O N-2011-107 Suite 600 San Antonio, TX 78216 C2iristiansen Amusements, Inc. and Southland Shows, Inc_ P. O_ Box 997 Escondido, CA 92033 COVERAGES OR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED_ NOTWITH3TANDIN6 AMY REOUIREMENY, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WrfH RESPECT TO 1NFtICH TH13 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POUCIE9 DESCRIBED HEREIN 13 SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGt3REQATE WMITS SHOWN MAY_HAVE BEEN REDUCED BY PND CLAIMS. POLICY NUMBER LDY'is OOiERAL 7-IMIL17'Y EK:H OCgJRRENCE i A •'?""?? ciENERAL uASn.ITY M'• CP P 010 0 5 0 7 - 01 0 4 / 01 / 13. 0 4 / 01 / 12 s CLNMB MME ®OCCUR \® O? urn i PERHONAL a My INJURY s oBFaAL woce:EOnT>: s DENL A[iORE6ATE LIMrr MPIJEH PER: PRODUCTS - Cd?/OP aoo i POLICY °'R° Loc wu7 OMOaLLE LutslurY COMBINED suv(;LE uMfr a?n AuTO D OA,M IE. ?' • ALL owNEO AI/TOS ppROVE T A8 eoolLV Ilr a<mY scHEDULEn nl.rros ? /? . IPrrvw.anl s wReD AuT06 ` - (? K - ILV NaNOwrlmAUros U TORC g, S ey I? I s Assist nt City Attor °^M"°E l f aawwoE uwan.rrY /wro ONLY - ea wccmENT s ANY Atrro ?? TII.?N Ew Acc • auro oNLrl Aoo M/cEas/urme?!?Llwav_mr eacHoceuRReNCf s OCCUR ? CLNRIB MACE A[iDRE0A7E i DEDUCTIBLE s RErE1rrIDN s s WORMERS COYPOiSAT10N AND EMPLOYEiO' L1Aa1Ll7Y oTH- Y / M ECUi1VE d F ' O E1 FJ?CFI ACCIDEM 7 ExCIUDEO? ?J'R h ?! E1 DISEASE - EA EMP S V dwt,6? Ifldr U1L IONS E.L_ 5... -POLICY LIMB i OTNER DESCIaP110N OF OPERATIONi / LOGTIDNS / YEHCLp / E7GCWSIDKi ADDED 9Y ENDORSEMENT / SPECUU. PRD{IWONS ADDITIONAL INSURED WITFS RESPECTS TO THE OPERATION3OF THE NAMED INSIIRED ONLY: THE CITY OF SANTA ANA, 2T5 OFF2CERS, AGENTS, EMPLOYEES, RE PRESSNTATIV'E3 AND VOLL]NTSER3 . FOR TH8 DATES: 9/12/11 TFiROUGii 9/21/11. VCKIIrIl4A1C rIVWCI? 4?/11Y4CLLA7IVN SNOVLDANTOP THEAEOVE DEICIYB®POUgES 6E GI WCs??m6 TF1E F]LPIRAT70N ATTN- RISK MANAGEMENT 2 0 C=VIC CENTER PLAZA DaTE r+ . T?IE salNO INSURER L Dwrs wrRmvl BANTA ANA, CA 9 2 7 O 1 Nonce TnTHe cEl?nPrwTE HOLDER NaMm To T„E LECr aTll? I -. ACORD 25 (2D09/01) O 19882009 A RD CORPORATION. All rights reserved. The ACORD name and logo sw rsgistensd marks of ACORD ADDITIONAL INSURED ENDORSEMENT Insurance Company T H E Tnvui-arnce OoiimanV This endorsement modifies such insurance as is afforded by the provisions of Polity # C?P0700507-01 relating to the following: 1. The City of Santa Ana, 2O Civic Center Plaza, Santa Ana, California 92701; Its officers, employees, agents and volunteers are named as additional insured ("additional insured") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such Insurance as ?Is afforded by this polity Is primary and is not additional to or contributing with any other Insurance carried by or for the benefit of the additional insured. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured.shali not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional Insured, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic_ Center Plaza, Santa Ana, California 92701. _ , (Completion of the following, including countersignature, Is required to make this endorsement effective. ) Effective 9/'12/t ? ,this endorsement form as a part of Policy # CPPO'100507-01 Issued to Christiar?si ?Im11S?m^t:8 T11b ai'sc3 $pL?thl arr7 C}?rxhz _ Tnc? _ Named In Countersigned Autho ed Signature AS TO FORM ppPRO?D 1..1SA g, STORCK City Attorney Assistant `? O /?_