Loading...
HomeMy WebLinkAboutE-12 Staff Report - License Agreement and Finding of Public Benefit - Canyon City Crawl - Azusa Chamber of CommerceCONSENT ITEM E-12 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: KURT CHRISTIANSEN, FAICP, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR DATE: JULY 16, 2018 SUBJECT: REQUEST TO EXECUTE A LICENSE AGREEMENT WITH THE AZUSA CHAMBER OF COMMERCE AND MAKE A FINDING OF PUBLIC BENEFIT TO THE COMMUNITY AT LARGE FOR RECOMMENDED EXPENDITURES BACKGROUND: The Azusa Chamber of Commerce will be hosting their first annual Canyon City Crawl which will consist of the participation of restaurants and eateries in the Downtown District on Azusa Avenue. The purpose of the event is to attract additional pedestrian traffic for local downtown businesses and enhance daytime activity within the district. In order to provide an opportunity for establishments located outside the Downtown District, the Azusa Chamber is requesting authorization to utilize Block 36 (Azusa Avenue and Foothill Boulevard APN 8611-003-921) to stage temporary canopy tents for interested participants. Furthermore, the Azusa Chamber is requesting the fee associated with the temporary use permit be waived. These actions authorize the City Manager to execute a license agreement for the utilization of Block 36, a City owned property for a single day and make a finding of public benefit expenditure in the total amount of $402.15 for a temporary use permit for the Azusa Chamber’s Canyon City Crawl on August 26, 2018. RECOMMENDATION: Staff recommends that the City Council take the following actions: 1)Authorize the City Manager to execute a license agreement in a form acceptable to the City Attorney, on behalf of the City; and 2)Make a finding that the community at large will receive a public benefit from the expenditure of funds for the recommended item. ANALYSIS: The Azusa Chamber of Commerce will be hosting their first annual Canyon City Crawl on Sunday, August 26, 2018 from 4:00 p.m. to 8:00 p.m. The crawl will consist of the participation of restaurants and eateries in the Downtown District of the Azusa TOD Specific Plan on Azusa Avenue from 6th street to Foothill Boulevard. The purpose of the event is to attract additional pedestrian traffic for local downtown businesses and enhance daytime activity within the district. The Azusa Chamber will solicit business participation. Businesses that choose to participate will provide an item of choice at no cost to event APPROVED CITY COUNCIL 7/16/2018 License Agreement – Azusa Chamber of Commerce July 2018 July 16, 2018 Page 2 attendees. In addition, business participants will be encouraged to provide a promotion to encourage event attendees to shop local, shop Azusa. In order to provide opportunities to those businesses that wish to participate and are not located within the Downtown District of the Azusa TOD Specific Plan, the Azusa Chamber of Commerce has reached out to Staff and requested authorization to utilize Block 36 (Azusa Avenue and Foothill Boulevard APN 8611- 003-921). If approval is received to utilize Block 36, temporary canopy tents will be set up for those businesses interested in participating and do not have a physical store front in the Downtown District. In addition, as part of the entertainment aspect of the Crawl, the Azusa Chamber will be staging a band and inviting a Car and Motorcycle Club to showcase on Block 36. Per the Municipal Code, a Temporary Use Permit is required to host the Canyon City Crawl. The fee associated with the Temporary Use Permit with a 25% discount for an Azusa-based non-profit is $383 and a Technical Enhancement Fee of $19.15 for a total of $402.15. The Azusa Chamber of Commerce is requesting the fee associated with the Temporary Use Permit of $402.15 be waived. The following is a list of anticipated public benefits as a result of the finding of public benefit expenditure: • Increased pedestrian traffic for local downtown businesses • Encourages community-oriented activity • Provides space for a pedestrian-friendly environment • Promotes an active street environment • Encourages shop local, shop Azusa These actions authorize the City Manager to execute a license agreement for the utilization of Block 36, a City owned property for a single day and make a finding of public benefit expenditure in the total amount of $402.15 for a temporary use permit for the Azusa Chamber’s Canyon City Crawl on August 26, 2018. FISCAL IMPACT: There is no general fund impact associated with executing a License Agreement with the Azusa Chamber of Commerce and waiving the Temporary Use Permit fee for the Canyon City Crawl event. Prepared by: Reviewed and Approved: Carina Campos Kurt Christiansen, FAICP Economic Development Specialist Economic and Community Development Director Fiscal Impact Reviewed by: Reviewed and Approved: Talika M. Johnson Sergio Gonzalez Director of Finance City Manager Attachments: 1) License Agreement – Azusa Chamber of Commerce July 2018 License Agreement – Azusa Chamber of Commerce 1 July 2018 LICENSE AGREEMENT THIS LICENSE AGREEMENT (this "Agreement") is entered into as of _______________________(the "Effective Date"), by and between CITY OF AZUSA, a California Municipal Corporation (the "Licensor"), and the AZUSA CHAMBER OF COMMERCE, a California 501(c)(3) non-profit corporation (collectively, the "Licensee"). Each of Licensor and Licensee are sometimes referred to herein as a "Party" and collectively as the "Parties." Recitals: A.Licensor is the owner of certain real property located at the intersection of Azusa Avenue and Foothill Boulevard (APN 8611-003-921), in the city of Azusa, California (the "Licensor Property"); B.Licensee is hosting the Canyon City Crawl, a community event to take place in the Downtown District on Azusa Avenue from 6th street on the south and Foothill Boulevard to the north (the “event") and has requested that Licensor enter into this Agreement to allow Licensee to use a portion of the Licensor Property in connection with the event (the "Licensor Property"), as depicted on Exhibit "A" attached hereto; and C.Licensee has applied for a temporary use permit. D.Licensor has agreed to allow Licensee to use the Licensor Property pursuant to the terms and conditions of this Agreement. Agreement: NOW, THEREFORE, in consideration of the above recitals and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1.Grant of License, Use and Conditions. The Licensor hereby grants to the Licensee and its event participants and volunteers (the "Licensee Parties") during the term of this Agreement a nonexclusive, revocable license on and over the Licensor Property for the purpose of hosting and conducting the Canyon City Crawl Event (the “License") during the hours of 10:00 a.m. to 10:00 p.m. on Sunday, August 26, 2018. This License is subject to all existing covenants, conditions, reservations, contracts, leases, licenses, easements, encumbrances, restrictions and rights of way of record, and to such other matters concerning use of the Licensor Property as are within the actual knowledge of Licensee including but not limited to the conditions of approval for . The Licensee will be responsible for any security, utilities, trash collection, maintenance, or any other services necessary to maintain the site for the Licensee’s use of the property. 2.Term and Condition of Property. The term of this Agreement (the "Term") shall commence on August 26, 2018 at 10:00 a.m. and shall continue until 10:00 p.m. (the "Expiration Date") unless terminated by either party, with or without cause, upon twenty four (24) hours written notice. This Agreement shall be effective on no earlier than the date of this Agreement, and subject to this Agreement having been fully executed by all parties and all insurance submittals completed and received by Licensor; and shall expire, if not terminated sooner, in accordance with this section, at 10:00 p.m. on August 26, 2018. Licensor shall have the right to immediately terminate this Agreement if Licensee continues to violate any provision of this Agreement after notice to Licensee of such violation. Licensor’s termination of this Agreement shall be effective upon giving Licensee written notice of termination. 3.Restoration of Licensor Property. Prior to the expiration of the Term, Licensee shall restore the Licensor Property so that the Licensor Property is in substantially the same condition at its sole cost and expense, as of the Effective Date of this Agreement. Attachment 1 License Agreement – Azusa Chamber of Commerce 2 July 2018 4. Development Rights. The approval of this License Agreement shall not independently confer development rights or create any long term rights to use, occupy or buy the Property. 5. General Liability Insurance. Licensee shall maintain commercial general liability insurance with coverage at least as broad as , in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. 5.1 Additional insured status. General liability policies shall provide or be endorsed to provide that the City of Azusa and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. 5.2 Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Licensee maintains higher limits than the minimums shown above, the City of Azusa requires and shall be entitled to coverage for the higher limits maintained by the Licensee. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 6. Indemnification. With respect to Licensee’s entry as provided for herein, Licensee shall defend, indemnify and hold Licensor and the City of Azusa, and their officers, officials, employees and agents and future purchasers of Licensor’s Property harmless from and against any and all claims for actual or alleged losses, costs (including reasonable attorneys’ fees and actual litigation costs), damages, actions or expenses arising out of the Licensee’s use of the Property. Notwithstanding anything to the contrary herein, this indemnification shall not be applicable with respect to matters resulting from the sole negligence or willful acts of Licensor, its agents or employees. This Section 6 shall survive the expiration or termination of this Agreement. 7. Hazardous Materials Indemnity. With respect to Licensee’s entry as provided for herein, Licensee shall defend, indemnify and hold Licensor and the City of Azusa, and their officers, officials, employees and agents and future purchasers of Licensor’s Property harmless from and against any and all claims for actual or alleged losses, costs (including reasonable attorneys’ fees and actual litigation costs), damages, actions or expenses arising out of the Licensee’s use of the Property, including damages, judgments, costs, expenses and fees for injury to or death of persons or loss or damage to property arising by reason of the use, generation, storage or disposal of hazardous materials by Licensee on the Property resulting from the activities contemplated by this Agreement. Licensee shall have no responsibility to Licensor and Licensor hereby releases Licensee from liability for any injury to or death of persons or loss or damage to property arising out of hazardous materials existing on the Property prior to the term of this Agreement. Notwithstanding anything to the contrary herein, this indemnification shall not be applicable with respect to matters resulting from the negligence or willful acts of Licensor, its agents or employees. This Section 7 shall survive the expiration or termination of this Agreement. 8. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts of law. 9. Counterparts. This Agreement may be executed in one or more counterparts and by facsimile, all of which when taken together shall constitute one and the same instrument and shall be binding upon each Party who may sign a counterpart of this instrument. License Agreement – Azusa Chamber of Commerce 3 July 2018 10. Terminology. The captions beside the section numbers of this Agreement are for reference purposes only and shall not modify or affect this Agreement in any manner whatsoever. Wherever required by the context, any gender shall include any other gender, the singular shall include the plural, and the plural shall include the singular. 11. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited b y or invalid or unenforceable under applicable law, such provision shall be ineffective to the extent of such prohibition, invalidity or unenforceability, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions. 12. Amendment. No amendment to or modification of this Agreement shall be binding or enforceable unless it is in writing and signed by the Parties. 13. Breach and Remedies. In the event of a breach by Licensee of any obligation hereunder, which is not cured after five (5) days written notice thereof, in addition to all other remedies available at law or in equity. Licensor shall be permitted to immediately terminate this License by written notice delivered to Licensee. 14. Attorneys' Fees. The prevailing party in any legal or administrative proceeding shall be entitled to its reasonable legal costs and expenses, including, without limitation, reasonable attorneys' fees. 15. Representations and Warranties. Each Party represents and warrants to the other as follows: (i) it, or its authorized agent, has read the contents of this Agreement and understands such contents; (ii) that each person signing this Agreement (a) has the full authority to act on behalf of the Party for which he or she is signing and (b) has the ability to bind such Party to the obligations and agreements set forth in this Agreement; and (iii) that no other person must sign this Agreement on behalf of such Party in order to make the obligations hereunder binding and enforceable against such Party. 16. Notices. All notices, requests, demands, consents and other communications under this Agreement shall be in writing and shall be served either personally, by certified mail, or by a reputable courier service such as Federal Express and United Parcel Service. If served personally, service shall be conclusively deemed made at the time of service. If served by certified mail, service shall be conclusively deemed made on the third (3rd) business day after deposit (hereof in the United States mail, postage prepaid, return receipt requested, addressed to the Party to whom such notice or demand is to be given as hereinafter provided. If served by a reputable courier service, service shall be conclusively deemed made one (1) business day after deposit thereof with such reputable courier service, shipping fee provided for, addressed to the Party to whom such notice or demand is to be given as hereinafter provided. Notices shall be delivered to the following addresses (said addresses may be changed from time to time by notice given in accordance with the provisions of this Section 16): Licensor: City of Azusa 213 East Foothill Boulevard Azusa, CA 91702 Licensee: AZUSA CHAMBER OF COMMERCE Attn: Steve Castro 240 W. Foothill Boulevard Azusa, CA 91702 License Agreement – Azusa Chamber of Commerce 4 July 2018 17. Entire Agreement. There are no oral agreements between Licensor and Licensee affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, written or oral, if any, between Licensor and Licensee and none of them shall be used to interpret or construe this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. "LICENSOR" CITY OF AZUSA By: __________________________ Sergio Gonzalez City Manager ATTEST By:___________________________ Jeffrey Lawrence Cornejo City Clerk APPROVED AS TO FORM By:___________________________ Best Best & Krieger LLP City Attorney "LICENSEE" AZUSA CHAMBER OF COMMERCE By: _________________________ Steven Castro Chief Executive Officer By: _________________________ Cheryl Kohorst Chair, Board of Directors License Agreement – Azusa Chamber of Commerce 5 July 2018 EXHIBIT “A” Depiction of Licensor Property Licensor Property Azusa Avenue Foothill Boulevard