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C •2619
License #000907
ARCADIA COUNTY PARK
405 SOUTH SANTA ANITA AVENUE, ARCADIA, CA 91006
CITY OF ARCADIA ACCESS PERMIT AND LICENSE AGREEMENT ( "LICENSE ")
Licensee: Licensor:
City of Arcadia County of Los Angeles Department of
240 West Huntington Drive Parks and Recreation
Arcadia, CA 91007 510 South Vermont Avenue
Los Angeles, CA 90020
Authority: L.A.C.C.2.26.140B(3)
Expiration Date: See Paragraph 3
Consideration: See Paragraph 4
1. PREMISES: Licensee, its employees, contractors and agents, after execution of
this license by the Director of the Los Angeles County Department of Parks and
Recreation ( "Director "), is hereby granted permission to enter Arcadia County Park
( "the Park "), located at 405 South Santa Anita Avenue, Arcadia, CA 91006.
A. Licensee hereby acknowledges the title of Licensor and /or any other public
agencies having jurisdiction there over, in and to the Premises, and covenants
and agrees never to assail, contest or resist said title.
B. Equipment, tools, materials and vehicles are not allowed to remain on the
Premises overnight.
2. LICENSED USE: The following work relating to a proposed street widening
project at the southeast corner of Huntington Drive and Santa Clara Avenue: the
removal of three (3) trees including the tree stumps; minor grading; construction of
a new connecting ADA- compliant sidewalk to parking lot's sidewalk; installation of
two stop signs at two parking lot exits; adjustment of driveway grades; relocation
and adjustment of irrigation; replanting of sod within work zone; and final planting
of six (6) new trees (minimum 36 inch box trees). The labor and materials will be
provided at no expense to Licensor.
Licensee shall exercise the permission herein given in such a manner as to minimize
interference with the full use and enjoyment of said Premises by Licensor.
3. TERM: The term of this License commences when the License is signed by the
Director and runs thereafter for a period not to exceed two (2) years ending when
Licensee obtains Licensor's final approval and acceptance of the Project.
4. CONSIDERATION: The estimated value of improvements to be provided by the
Licensee's Project on the Park is approximately $39,400.
5. CEQA COMPLIANCE: In compliance with the California Environmental Quality Act
(CEQA), the Licensee prepared an Initial Study and determined that with the
incorporation of mitigation measures detailed in the Mitigation Monitoring and
Reporting Program, the proposed project would not have a significant effect on the
environment. A Mitigated Negative Declaration was adopted by the Arcadia City
Council on January 3, 2012 following a public hearing.
6. NOTICES:
A. Whenever provision is made for giving written notice, such notice shall be
deemed to have been received if it was sent by mail and e- mailed to: Mr.
James Barber at jbarber(a-parks.lacounty.gov and Mr. Philip Wray at
pwray(cr- ci.arcadia.ca.us and addressed as follows:
To Licensor:
County of Los Angeles Department of Parks and Recreation
Attention: James Barber
510 South Vermont Avenue, Room 201
Los Angeles, CA 90020 -1975
To Licensee:
City of Arcadia
Attention: Philip Wray
240 West Huntington Drive
Arcadia, CA 91007
or such other place in California as may hereinafter be designated in writing
respectively by Licensor or Licensee.
7. INDEMNIFICATION: Licensee shall indemnify, defend and hold harmless County,
its Special Districts, elected and appointed officers, employees, and agents from
and against any and all liability, including but not limited to demands, claims,
actions, fees, costs and expenses (including attorney and expert witness fees),
arising from or connected with Licensee's acts and /or omissions arising from
and /or relating to this License. The terms of this paragraph survive the termination
of this License.
8. GENERAL INSURANCE PROVISIONS: Without limiting Licensee's
indemnification of Licensor, and in the performance of this License and until all of
its obligations pursuant to this License have been met, Licensee shall provide and
maintain at its own expense insurance coverage satisfying the requirements
specified in this Section, "General Insurance Provisions" and the "Insurance
Coverage Requirements — Types and Limits" Section of this License. These
minimum insurance coverage terms, types and limits (the "Required Insurance ")
also are in addition to and separate from any other contractual obligation imposed
upon Licensee pursuant to this License. The Licensor in no way warrants that the
Required Insurance is sufficient to protect the Licensee for liabilities which may
arise from or relate to this License.
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a. Evidence of Coverage and Notice to Licensor: Certificate(s) of
insurance coverage (Certificate) satisfactory to Licensor, and a copy of an
Additional Insured endorsement confirming County and its Agents (defined
below) has been given Insured status under the Licensee's General
Liability policy, shall be delivered to Licensor at the address shown below
and provided prior to commencing services under this License.
i. Renewal Certificates shall be provided to Licensor not less than 10
days prior to Licensee's policy expiration dates. Licensor reserves the
right to obtain complete, certified copies of any required Licensee
and /or Sub - Contractor insurance policies at any time.
ii. Certificates shall identify all Required Insurance coverage types and
limits specified herein, reference this License by name and number,
and be signed by an authorized representative of the insurer(s). The
Insured party named on the Certificate shall match Licensee's name
.Certificates shall provide the full name of each insurer providing
coverage, its NAIC (National Association of Insurance Commissioners)
identification number, its financial rating, the amounts of any policy
deductibles or self- insured retentions exceeding fifty thousand
($50,000.00) dollars, and list any Licensor required endorsement
forms.
iii. Neither the Licensor's failure to obtain, nor the Licensor's receipt of, or
failure to object to a non - complying insurance certificate or
endorsement, or any other insurance documentation or information
provided by the Licensee, its insurance broker(s) and /or insurer(s),
shall be construed as a waiver of any of the Required Insurance
provisions.
Certificates and copies of any required endorsements shall be sent to:
County of Los Angeles Department of Parks and Recreation
Attention: James Barber
510 South Vermont Avenue, Room 201
Los Angeles, California 90020
iv. Licensee also shall promptly report to Licensor any injury or property
damage accident or incident, including any injury to a Licensee
employee occurring on County property, and any loss, disappearance,
destruction, misuse, or theft of County property, monies or securities
entrusted to Licensee. Licensee also shall promptly notify Licensor of
any third party claim or suit filed against Licensee or any of its Sub -
Contractors which arises from or relates to this License, and could
result in the filing of a claim or lawsuit against Licensee and /or
Licensor.
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b. Additional Insured Status and Scope of Coverage. The County of Los
Angeles, its Special Districts, Elected Officials, Officers, Agents,
Employees and Volunteers (collectively County and its Agents) shall be
provided additional insured status under Licensee's General Liability
policy with respect to liability arising out of Licensee's ongoing and
completed operations performed on behalf of the Licensor. County and its
Agents additional insured status shall apply with respect to liability and
defense of suits arising out of the Licensee's acts or omissions, whether
such liability is attributable to the Licensee or to the Licensor. The full
policy limits and scope of protection also shall apply to the Licensor and its
Agents as an additional insured, even if they exceed the Licensor's
minimum Required Insurance specifications herein. Use of an automatic
additional insured endorsement form is acceptable providing it satisfies
the Required Insurance provisions herein.
c. Cancellation of or Changes in Insurance. Licensee shall provide
County with, or Licensee's insurance policies shall contain a provision that
County shall receive, written notice of cancellation or any change in
Required Insurance, including insurer, limits of coverage, term of coverage
or policy period. The written notice shall be provided to County at least
ten (10) days in advance of cancellation for non - payment of premium and
thirty (30) days in advance for any other cancellation or policy change.
Failure to provide written notice of cancellation or any change in Required
Insurance may constitute a material breach of the Contract, in the sole
discretion of the County, upon which the County may suspend or
terminate this Contract.
d. Failure to Maintain Insurance. Licensee's failure to maintain or to
provide acceptable evidence that it maintains the Required Insurance shall
constitute a material breach of the Contract, upon which County
immediately may withhold payments due to Licensee, and /or suspend or
terminate this Contract. County, at its sole discretion, may obtain
damages from Licensee resulting from said breach. Alternatively, the
County may purchase the Required Insurance, and without further notice
to Contractor, deduct the premium cost from sums due to Licensee or
pursue Contractor reimbursement.
e. Insurer Financial Ratings. Coverage shall be placed with insurers
acceptable to the County with A.M. Best ratings of not less than A:VII
unless otherwise approved by Licensor.
Licensee's Insurance Shall Be Primary. Licensee's insurance policies,
with respect to any claims related to this License, shall be primary with
respect to all other sources of coverage available to Licensee. Any
Licensor maintained insurance or self- insurance coverage shall be in
excess of and not contribute to any Licensee coverage.
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g. Waivers of Subrogation. To the fullest extent permitted by law, Licensee
hereby waives its and its insurer(s)' rights of recovery against Licensor
under all the Required Insurance for any loss arising from or related to this
License. Licensee shall require its insurers to execute any waiver of
subrogation endorsements which may be necessary to affect such waiver.
h. Sub - Contractor Insurance Coverage Requirements. Licensee shall
include all Sub - contractors as insureds under Licensee's own policies or
shall provide Licensor with each Sub - Contractor's separate evidence of
insurance coverage. Licensee shall be responsible for verifying each Sub -
Contractor complies with the Required Insurance provisions herein and
shall require that each Sub - Contractor name the Licensor and Licensee as
additional insureds on the Sub - Contractor's General Liability policy.
Licensee shall obtain Licensor's prior review and approval of any Sub -
Contractor request for modification of the Required Insurance.
Deductibles and Self- Insured Retentions (SIRs). Identify any
deductibles or self- insured retentions (deductible /retentions) exceeding
$25,000. Deductibles /retentions exceeding $25,000 will require the prior
approval of the County Auditor - Controller. The Licensee may request
approval to use a deductible /retention of more than $25,000 by submitting
the current audited financial statements for review by the County Auditor -
Controller which demonstrate, at the sole discretion of the County Auditor -
Controller, that the Licensee has the ability to pay the higher
deductible /retention. The Licensor retains the right to require the Licensee
to reduce or eliminate deductibles /retentions as they apply to the Licensor,
or, require Licensee to provide a bond guaranteeing payment of all such
retained losses and costs attributable to the Licensee's retention, or,
withhold payment to Licensee in the amount of all or any
deductibles /retentions as the Licensor deem appropriate Licensee's
policies shall not obligate the Licensor to pay any portion of any Licensee
deductible or SIR.
Claims Made Coverage. If any part of the Required Insurance is written
on claims made basis, any policy retroactive date shall precede the
effective date of this License. Licensee understands and agrees it shall
maintain such coverage for a period of not less than three (3) years
following License expiration, termination or cancellation.
k. Application of Excess Liability Coverage. Licensee may use a
combination of primary and excess insurance policies which provide
coverage as broad as ( "follow form" over) the underlying primary policies
to satisfy the Required Insurance provisions.
I. Separation of Insureds. All liability policies shall provide cross - liability
coverage as would be afforded by the standard ISO (Insurance Services
Office, Inc.) separation of insureds provision with no insured versus
insured exclusions or limitations.
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m. Alternative Risk Financing Programs. The Licensor reserves the right
to review, and then approve, Licensee use of self- insurance, risk retention
groups, risk purchasing groups, pooling arrangements and captive
insurance to satisfy the Required Insurance provisions. The County and
its Agents shall be designated as an Additional Covered Party under any
approved program.
n. Licensor Review and Approval of Insurance Requirements. The
Licensor reserves the right to review and adjust the Required Insurance
provisions conditioned upon Licensor's determination of changes in risk
exposures.
9. INSURANCE COVERAGE REQUIREMENTS — TYPES AND LIMITS
a. Commercial General Liability insurance (providing scope of coverage
equivalent to ISO policy form CG 00 01), naming County and its Agents as
an additional insured, with limits of not less than the following:
General Aggregate: $ 2 million
Products /Completed Operations Aggregate: $ 1 million
Personal and Advertising Injury $ 1 million
Each Occurrence: $ 1 million
b. Automobile Liability insurance (providing scope of coverage equivalent
to ISO policy form CA 00 01) with a limits of not less than $1 million for
bodily injury and property damage, in combined or equivalent split limits,
for each single accident. Insurance shall cover liability arising out of
Licensee's use of autos pursuant to this License, including owned, leased,
hired, and /or non -owned autos, as each may be applicable.
c. Workers Compensation and Employers' Liability insurance or qualified
self- insurance satisfying statutory requirements, which includes
Employers' Liability coverage with limits of not less than $1 million per
accident. If Licensee will provide leased employees, or, is an employee
leasing or temporary staffing firm or a professional employer organization
(PEO), coverage also shall include an Alternate Employer Endorsement
(providing scope of coverage equivalent to ISO policy form WC 00 03 01
A) naming the County as the Alternate Employer, and the endorsement
form shall be modified to provide that Licensor will receive not less than
thirty (30) days advance written notice of cancellation of this coverage
provision. If applicable to Licensee's operations, coverage also shall be
arranged to satisfy the requirements of any federal workers or workmen's
compensation law or any federal occupational disease law.
10. OPERATIONAL RESPONSIBILITIES: Licensee shall:
a. Comply with and abide by all applicable rules, regulations and reasonable
directions of Licensor; designate and provide Licensor with the name(s)
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and phone contact number(s) of Licensee's responsible representative(s)
who shall be on the Premises during the hours Licensee is conducting
supervised apprentice training activities in accordance with written
specifications submitted by Licensor pursuant to this License.
b. Licensor's representative, Mr. Richard Chang, Departmental Facilities
Planner I, East Agency, (626) 333 -4720 phone, (626) 290 -4893 cell shall
provide specifications and detailed scope of work, inspect Licensee's work
and reasonably determine whether or not it was completed in accordance
with Licensor's specifications. In addition, the quality and workmanship
must meet minimum industry standards. At the completion of each
project, the Department, through the East Agency shall issue a Notice of
Project Acceptance. If the improvements are unacceptable, within fifteen
(15) County business days after inspection of the specific project, Licensor
shall provide Licensee with a list of items that need to be corrected, or
issuance of said notice will be delayed until all Project items are corrected.
c. Licensee is permitted access to the Premises from 7:00 a.m. to 6:00 p.m.
weekdays, except when Licensee's permitted use conflicts with scheduled
Park events or activities.
Contact Mr. Richard Chang, Departmental Facilities Planner I, forty -eight
(48) hours prior to Licensee's initial access to Premises and immediately
in emergencies: phone number (626) 333 -4720, cell (626) 290 -4893, fax
(626) 369 -0845, and e-mail address [rchange- parks.lacounty.aov]. Mr.
Philip Wray, Deputy Development Services Director and City Engineer is
Licensee's emergency contact who can be reached at (626) 574 -5488 by
phone.
d. At or before the time proof of insurance is submitted, provide Licensor with
the names, license numbers, business addresses, and phone numbers of
any and all of Licensee's contractors who will be entering the Premises.
e. Take the following precautions prior to commencing permitted activities:
contact Underground Service Alert (USA) to locate utilities in or near the
Premises; review park irrigation /utility plans; walk the Premises and
Licensee's access route with Park personnel to flag irrigation /utility lines,
sprinkler heads, valve boxes, etc. Notwithstanding said precautions,
Licensee agrees to repair or replace any pipelines, sprinkler heads, valve
boxes, etc. damaged during the course of exercising the permission
herein given.
f. Maintain the Premises and surrounding area in a safe and sound
condition. Licensee shall ensure staging area is secured by existing chain
link fence and locked gates.
g. Provide all safety and security signs, barricades, pedestrian and traffic
cones, lights and other related safety features to prevent vehicular
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accidents, personal injury, and property damage due to Licensee's
activities.
h. Assume the risks and bear all costs of damage or destruction, and loss
due to theft, burglary or vandalism to any and all of Licensee's equipment,
materials, tools, and vehicles owned hired, leased, or used by Licensee
for this License, except to the extent that such damage or destruction and
loss result from the negligence or willful misconduct of Licensor.
Repair or replace, to the satisfaction of Licensor, any and all of Licensor
property lost, damaged, or destroyed as a result of Licensee's use of the
Premises and activities. Should Licensee fail to promptly make repairs or
replacements to Licensor's satisfaction, Licensor may have these repairs
made at Licensee's sole cost and expense.
11. INDEPENDENT STATUS: This License is by and between Licensor and
Licensee. It is not intended and shall not be construed to create the relationship of
agent, servant, employee, partnership, joint venture or association as between
Licensor and Licensee. Licensee understands and agrees to bear the sole
responsibility and liability for furnishing Workers' Compensation benefits to any
person for injuries arising from or connected with services performed on behalf of
Licensee pursuant to this License.
12. EMPLOYEES: All references to the "Licensee" herein are deemed to include the
employees, agents, contractors, apprentices and anyone else required under
written contract with Licensee to access the Premises.
13. LIMITATIONS: It is expressly understood that in licensing the right to use said
Premises, no estate or interest in real property is being conveyed to Licensee, and
that the right to use is only a nonexclusive, revocable and unassignable permission
to use the Premises in accordance with the terms and conditions of this License.
14. AMENDMENTS: The terms of this License may be amended by the Director upon
mutual agreement of Licensor and Licensee with either party giving the other prior
written notice explaining why the amendment is being requested.
15. ASSIGNMENT: This License is personal to Licensee, and any attempt to assign
or transfer same in whole or part without Licensor's prior written consent shall
immediately terminate all of Licensee's rights hereunder.
16. AUTHORITY TO STOP: In the event that an authorized representative of Licensor
finds that Licensee's activities on the Premises unnecessarily endanger the health
or safety of persons on or near said Premises, the representative may require that
this License immediately be suspended until said endangering activities cease, or
until such action is taken to eliminate or prevent the endangerment.
17. DEFAULT: This License may be immediately revoked by Licensor in the event of
any failure or refusal on the part of Licensee to keep or perform any of the terms or
conditions herein. Notice of revocation shall be given as provided by Section 5 of
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this License. Failure by Licensor to revoke this License for noncompliance of the
terms or conditions by Licensee shall not constitute a waiver of the terms or
conditions.
18. TERMINATION: This License may be terminated at anytime without cause for any
reason or no reason at all at the option of Licensor by giving thirty (30) days' notice
of termination.
19. RESTORATION OF PREMISES: Upon any termination of this License, Licensee
shall surrender the Premises in a neat and clean condition. Licensee shall
complete restoration of the licensed area to its original condition or better prior to
termination of this License. Restoration of the Premises shall include, but not be
limited to, removal of all of Licensee's equipment, vehicles, trailers, containers,
signs, litter, and debris. Licensee shall remove all improvements unless otherwise
instructed in writing by Licensor. Licensor shall conduct an inspection of the
Premises to determine if restoration has been completed by Licensee. If Licensor
determines that restoration has not been completed upon expiration or termination
of this License, Licensor may restore said Premises entirely at the reasonable
expense of Licensee.
20. ALTERATIONS AND IMPROVEMENTS: Licensee has examined the Premises
and knows the condition thereof. Licensee accepts the Premises in the present
state and condition and waives any and all demand upon the County for alteration,
repair, or improvement thereof. All betterments to the Premises shall become the
property of County upon the termination of this License.
21. COUNTY LOBBYIST ORDINANCE: Licensee is aware of the requirements of
Chapter 2.160 of the Los Angeles County Code with respect to County Lobbyists
as such are defined in Section 2.160.010 of said code, and certifies full compliance
therewith. Failure to fully comply shall constitute a material breach upon which
Licensor may terminate or suspend this License.
22. TRANSFER OF TITLE /PARK CLOSURE: In the event Licensor transfers title of
the Park and the licensed Premises to a newly- formed or existing governmental
agency, this License shall be terminated on the date of said transfer to such
agency, unless that agency agrees to assume this License. Licensor agrees to
use its best efforts to obtain said assignment in the event Licensor transfers title of
the Park to a newly— formed or existing governmental agency. In the event
Licensor closes the Park this License shall terminate upon the effective date of
such closure. Licensor shall provide written notice to Licensee immediately upon
any consideration by the Licensor of the possibility of transferring or closing the
Park. Licensor shall provide Licensee with as much prior written notice of any
such transfer or closure of the Park as reasonably possible before the effective
date of any such transfer or closure.
(Signature Page Follows)
Page 9 of 10
LICENSEE:
CITY OF ARCADIA
By: �e�a
Donald Penman, City Manager
APPROVED AS TO FORM:
S #hen P. Deitsch
City Attorney
Who hereby personally covenants, guarantees and warrants that he /she has the power
and authority to obligate the Licensee to the terms and conditions in this License.
Pursuant to Section 2.26.1406 (3) of the Los Angeles County Code, this License has
been executed on behalf of the County of Los Angeles by the Director of Parks and
Recreation on the 2.6^ day of , 2012. Upon approval, a fully
executed License bearing original signatures will be mailed to Licensee.
LICENSOR:
COUNTY OF LOS ANGELES
DEPARTMENT OF PARKS AND RECREATION
in
Russ Guiney, Director
Department of Parks and Recreation
APPROVED AS TO FORM:
JOHN KRATTLI
Acting County Counsel
By: ��L—QL- C--�O4� &
Christina A. Salseda
Principal Deputy County Counsel
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