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Home My WebLink AboutE-11 Staff Report - License Agreement for Trash EnclosuresCONSENT ITEM E-11 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MATT MARQUEZ, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR DATE: JUNE 17, 2019 SUBJECT: REQUEST TO APPROVE TEMPLATE FOR LICENSE AGREEMENT FOR TEMPORARY ACCESS TO CITY-OWNED TRASH ENCLOSURES IN THE DOWNTOWN. BACKGROUND: In 1993, the Azusa Redevelopment Agency entered into a Reciprocal Easement Agreement to govern, among other things, property-owner access to what is now the City Property (Block 37). In that Agreement, the Redevelopment Agency was required to construct trash enclosures, and it did. However, the Agreement expired in 2014 and the City is under no legal obligation to allow property owners to use City-owned trash enclosures on City property. The City is willing, however, to allow property owners to use City-owned trash enclosures on a temporary basis in accordance with the terms of the Subject License Agreement (Attachment 1). The City has a total of 6 city-owned trash enclosures, as shown on Attachment 2. RECOMMENDATION: Staff recommends that the City Council take the following actions: 1)Approve a template for a License Agreement to allow temporary access to City-owned trash enclosures located in the City’s Downtown; and 2) Authorize the City Manager to prepare and execute the agreement, in a form acceptable to the City Attorney, on behalf of the City. ANALYSIS: The proposed template License Agreement for temporary access to City-owned trash enclosures will allow businesses in the Downtown area (as shown on Attachment #2) to use said trash enclosures in accordance with the License Agreement template. APPROVED CITY COUNCIL 6/17/2019 Approve Template for License Agreement for Temporary Access to City-Owned Trash Enclosures June 17, 2019 Page 2 of 2 FISCAL IMPACT: There is no fiscal impact associated with the License Agreement to allow businesses temporary access to City-owned trash enclosures. Prepared by: Reviewed by: Manuel Muñoz Matt Marquez Planning Manager Director of Economic and Community Development Fiscal Reviewed by: Reviewed and Approved by: Talika M. Johnson Sergio Gonzalez Director of Finance City Manager Attachments: 1) Template for License Agreement to Allow Temporary Access for City-Owned Trash Enclosures 2) City-Owned Trash Enclosures Map License Agreement for Temporary Access to City-Owned Trash Enclosures This License Agreement for Temporary Access to City-Owned Trash Enclosures (“License Agreement”), effective June 17, 2019, is between the City of Azusa (“City”) and _______________ (“Owner”). BACKGROUND A.Owner owns a commercial property located at _______________, Azusa, California (“Owner’s Property”). B.City owns property near the Owner’s Property, which is more specifically identified as Lots 23, 24, 25, 26, 42, and 43 in block 37 of Azusa, in the City of Azusa, as per the map recorded in book 15, page 93, of miscellaneous records of the County of Los Angeles, California (“City Property”). C.In 1993, the City’s predecessor in interest, the Azusa Redevelopment Agency, and the Owner or the Owner’s predecessor in interest, with other commercial-property owners in the vicinity, entered into a Reciprocal Easement Agreement (“1993 Agreement”) to govern, among other things, property-owner access to what is now the City Property. A copy of the 1993 Agreement is included as Exhibit A to this License Agreement. D.Under the 1993 Agreement, the Redevelopment Agency was required to construct trash enclosures, and it did, but the property owners were required to “place the trash generated by the operation of their individual businesses in their own trash receptacles which are to be kept inside each owner’s respective building” unless the Redevelopment Agency expressly gave approval for an owner to “place the [owner’s] individual trash receptacles in [the] Agency’s trash enclosures,” in which case, the owner must “pay for the removal of [its] individual trash receptacles” from the enclosure. (1993 Agreement, § 6.01(H).) E.Neither the Redevelopment Agency, nor the City as its successor, has given express approval for Owner to use a trash enclosure on the City Property. F.By its terms, the 1993 Agreement expired in 2014, and the City is under no legal obligation, contractual or otherwise, to allow Owner to use the trash enclosures on the City Property. G.However, Owner desires to use a trash enclosure on the City Property for the foreseeable future, and City is willing to allow it on a temporary basis in accordance with the terms of this License Agreement. Attachment 1 License Agreement for Temporary Access to City-Owned Trash Enclosures Page 2 of 3 TERMS AND CONDITIONS 1. License 1.1 City hereby grants to Owner a license (“License”) to place Owner’s individual trash receptacles in the ______ portion of the _________ trash enclosure on the City Property, which is more specifically described by Exhibit B (“License Area”). 1.2 Owner may only place Owner’s individual trash receptacle in the License Area. All trash must be in the receptacle. No trash may be placed in the License Area that is not in the receptacle. Owner will maintain the License Area free from loose trash and debris. 2. Revocation 2.1 City may revoke the License at any time by giving Owner written notice at least seven calendar days before the effective date of the revocation. 2.2 However, City may revoke the License immediately, without prior written notice, if necessary to protect public health, safety, welfare, or property, in which case City will give Owner written notice of the revocation within two business days after the revocation. 3. Indemnification. Owner will defend and hold City harmless from any third-party claim arising out of this License Agreement or Owner’s use of the License and License Area. 4. Notices. 4.1 Any notice or other communication required by this License Agreement must be in writing and must be delivered personally or sent by certified or registered mail, or by overnight courier, postage prepaid, to the following addresses: (A) If to City: City of Azusa Attn: [Title] [Address] Azusa, CA [ZIP] (B) If to Owner: [Name] Attn: [Title] License Agreement for Temporary Access to City-Owned Trash Enclosures Page 3 of 3 [Address] [City], [State] [ZIP] 4.2 A notice is deemed given (1) on the day of personal service or (2) two days after the date of mailing. 5. Miscellaneous 5.1 Entire Agreement. This License Agreement constitutes the sole agreement of the Parties with respect to its subject matter. It supersedes any prior written or oral agreement or communications between the parties. It cannot be modified except by a writing signed by the parties. 5.2 Assignment. Neither party may assign its interest in this License Agreement without the other party’s written consent, which must not be unreasonably withheld. 5.3 Waiver. If either party fails to require the other to perform any term of this License Agreement, that failure does not prevent the party from later enforcing that term. If either party waives the other’s breach of a term, that waiver does not waive a later breach of the term. 5.4 Successors and Representatives. This License Agreement binds and inures to the benefit of the parties and their respective heirs, personal representatives, successors, and (where permitted) assignees. 5.5 Governing Law and Venue. California law applies to this License Agreement without regard for any choice-of-law rules that might direct the application of the laws of any other jurisdiction. Venue for any adjudication of this License Agreement lies exclusively in Los Angeles County, California. 5.6 Counterparts. This License Agreement may be signed in counterparts, each one of which is considered an original, but all of which constitutes one and the same instrument. CITY: City of Azusa By: [Signer’s Name], [Signer’s Title] OWNER: [Name] By: [Signer’s Name], [Signer’s Title] 50' 140' 20' 25'140' 25' 50'AlleyTrashEnclosure 25'625627631635619 - 621615San Gabriel Ave.Azusa Ave.6th St. Foothill Blvd. 3 1 2 56 4 ´ Path: C:\ArcGIS_Misc Projects 6\Code Enforcement\625 N Azusa Ave.mxd Date: 6/10/2019 J.Prado City-Owned Trash Enclosures 600 N. Azusa Ave.1 inch = 75 feet