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HomeMy WebLinkAbout06- Development Department 4kI D E V 1 O P MEN T D E P A R T ME 1 OF THE CITY OF SAN BERNARDINO REQUEST FOR COMMISSION/COUNCIL ACTIOft From: KENNETH J. HENDERSON Subject: PROPERTY LICENSE AGREEMENT Executive Director Date: July 26, 1993 ------------------------------------------------------------------------------- Synopsis of Previous Commission/Council/Committee Action(s): On July 22, 1993, the Redevelopment Committee recommended to the Community Development Commission that, after review and approval by Agency Counsel, the Executive Director be authorized to execute Property License Agreements for periods not to exceed 180 days and to execute any additional documents required to carry out the terms of such agreements, provided that the Commission is given a memorandum concerning the execution of each Agreement. ------------------------------------------------------------------------------- Recommended Motion(s): (Community Development Commission) MOTION: That the Community Development Commission authorize the Executive Director to execute, after review and approval by Agency Counsel, Property License Agreements for periods not to exceed 180 days and to execute any additional documents required to carry out the terms of such agreements and that the Executive Director produce a memorandum for the Commission memorializing each Property License Agreement executed. U4)W&4� Administrator KENNETH J. HENDE SON Executive Director ------------------------------------------------------------------------------- Contact Person(s): Ken Henderson/David J. Norman Phone: 5081 Project Area(s): All Ward(s): All Supporting Data Attached: Staff Report FUNDING REQUIREMENTS: Amount: $ N/A Source: N/A Budget Authority: N/A ------------------------------------------------------------------------------- Commission/Council Notes: ------------------------------------------------------------------------------- KJH:DJN:rg:3249J COMMISSION MEETING AGENDA Meeting Date: 08/02/19933 Agenda Item Number: l- D E V E L O P M E N T D E P A R T M E N T OF THE CITY OF SAN BERNARDINO STAFF REPORT PROPERTY LICENSE AGREEMENT This report seeks Community Development Commission approval that the Executive Director be authorized, after review and approval by Agency Counsel, to execute Property License Agreements for periods not to exceed 180 days. This authorization will allow expedited processing to take advantage of opportunities for short-term tenancies as they become available. Temporary occupancies in vacant properties will reduce vandalism of Agency properties and help achieve redevelopment objectives in redevelopment project areas. The licenses can be cancelled with a thirty (30) day notice at any time. BACKGROUND The Economic Development Agency's Development Department is responsible for the property management of all properties acquired on behalf of the Redevelopment Agency. The redevelopment plans of each of the redevelopment project areas contain provisions which include the acquisition and disposition of land for redevelopment. During the period between acquisition and development or disposition, such properties may become vacant and unoccupied. It is desirable to provide for the temporary use of vacant land or unoccupied building space. Such uses reduce the appearance of abandonment and thereby reduce vandalism of the property. Occupancy enhances the early recognition and clean-up of graffiti and other maintenance problems. Moreover, simple administrative procedures for short-term uses will allow the Agency to be more responsive to community needs. In cases where property is available for significant periods of time, lease agreements can be negotiated and brought to the Commission for review and approval. In other cases, however, agreements for very short periods (180 days or less) can be used to provide temporary occupancy. Such opportunities frequently require almost immediate tenancy which can be accomplished using this recommended approach. PROPOSED PROPERTY LICENSE AGREEMENT In order to facilitate very short-term property management functions, it is requested that the Executive Director be authorized to execute property management licenses that will permit the temporary occupancy of Agency-owned property by buyers, former tenants, displacees from other projects, small businesses and community based organizations. ------------------------------------------------------------------------------- KJH:DJN:rg:3249J COMMISSION MEETING AGENDA t Meeting Date: 08/02/1993 Agenda Item Number: �1 _ DEVELOPMENT DEPARTMENT STAFF REPORT PROPERTY LICENSE AGREEMENT July 26, 1993 Page Number —2- -------------------------------------------------------------------------------- These Property License Agreements will not exceed 180 days, will contain thirty (30) day cancellation clauses, and must be approved by Agency Counsel prior to execution by the Executive Director. The attached Real Property License Agreement is the model for such occupancy agreements to be adapted only as required for the particular circumstances of each tenancy. At the Redevelopment Committee Meeting of January 22, 1993, Committee members recommended that the Executive Director produce a memorandum to the Community Development Commission members notifying them of execution of any Property License Agreement. Staff will accomplish this in a manner similar to the reporting of Agency purchases. RECOMMENDATION The Redevelopment Committee recommended Commission approval of this item and Agency Counsel has reviewed the attached License Agreement. Based on the foregoing, it is appropriate that the Executive Director of the Redevelopment Agency be authorized to execute Property License Agreements for interim occupancies under the above terms and conditions provided that the Executive Director produce memoranda memorializing the terms of the executed agreements. Staff recommends adoption of the form motion. (�Aka 41r$1 KENNETH J. HENDER ON, Executive Director Development Department ------------------------------------------------------------------------------- KJH:DJN:rg:3249J COMMISSION MEETING AGENDA Meeting Date: 08/02/1993 Agenda Item Number: REAL OPERTY LICENSE AGREEMENT 1. PARTIES This license, dated for reference ur oses only,P P Y, as of , 19 _, made by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and ("Licensee"). 2. PREMISES Agency hereby licenses to Licensee and Licensee licenses from Agency for the term, at the rental, and upon all of the conditions set forth herein, that certain real property situated in the County of San Bernardino, State of California with an address of consisting of approximately square feet, as shown on the attached Exhibit "A". Said real property is herein called the "Licensed Premises." 3. PREMISES SUBJECT TO THIS LICENSE Licensee is hereby granted permission to utilize the licensed premises in an as-is condition, in accordance with the following terms and conditions. 4. USE OF LICENSED PREMISES During the term hereof, the licensed premises shall be used by Licensee solely for the following purpose(s): 5. TERM OF LICENSE The term of this license shall commence on the date first above written and terminate on ' unless terminated sooner upon a 30-day written notice by either party to the other party or as otherwise provided herein. But in no case shall the term of this License extend beyond 180 days from the date of commencement. (W - 1 - 6. HOLDOVER In the event Licensee holds over beyond the end of the term with the implied or express consent of Agency, such holding over shall be at the fee prevailing and subject to all other terms and conditions of the License, but shall be from month-to-month only. 7. CONSIDERATION Licensee agrees to pay Agency consideration for the use and occupancy of the premises payable monthly in advance in the amount of on the first day of each calendar month, commencing with the first day of the term of this License. If the first day of this License shall be other than the first day of a calendar month, then the first monthly payment shall be prorated on a per diem basis. 8. REPAIR AND MAINYBNANCE During the term of this License, Licensee shall be responsible for all repairs and maintenance to the Licensed premises. Agency shall have no responsibility whatsoever to repair or maintain the Licensed premises. 9. ALTERATIONS AND REPAIRS Licensee acknowledges that it accepts the premises in the existing condition and agrees to make no demands upon Agency for any alterations or improvements. Licensee shall have the right to make alterations only upon receipt of written approval thereof from the Agency. 10. TARES Licensee shall be liable for any and all taxes which may be levied or assessed upon the personal property and fixtures belonging to Licensee and located on the licensed area. This Agreement may create a possessory interest in tax exempt property. If such an interest is created, it may be subject to property taxation, and the party in whom the possessory interest is vested will be subject to, and responsible for, the payment of taxes of such interest. 11. INDEMNIFICATION Licensee agrees to indemnify, defend and save harmless Agency, its agents, officers and employees from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of - 2 - Cl� any nature Thatsoever, including, but not ]'-sited to, bodily in;, j, death, personal injury, or I perty damage arising from or connected with Licensee's operations, or its services hereunder, including any workers' compensation suits, liability, or expense, arising from or connected with services performed on behalf of Licensee by any person pursuant to this Agreement. 12. INSURANCE Without limiting Licensee's indemnification of Agency, Licensee shall provide and maintain at its own expense insurance covering its operations hereunder. Such insurance shall be provided by insurer(s) satisfactory to Agency and evidence thereof shall be delivered to Agency on or before the effective date of this Agreement. Such evidence shall specifically identify this Agreement and shall contain express conditions that Agency is to be given written notice at least thirty (30) days in advance of any notification or termination of any program of insurance. Liability Such insurance shall be primary to and not contributing with any other insurance maintained by Agency, shall name Agency as an additional insured, and shall include, but not be limited to: Comprehensive General Liability insurance endorsed for Premises-Operations, Products/Completed Operations, Contractual, Broad Form Property Damage, and Personal Injury with a combined single limit of not less than $1,000,000 per occurrence. 13. FAILURE TO PROCURE INSURAINCE 3 Failure on the part of Licensee to procure or maintain required insurance shall constitute a material breach of contract upon which Agency may immediately terminate this Agreement or, at its discretion, procure or renew such insurance and pay any and all permiums in connection therewith, and all monies so paid by Agency shall be repaid by Licensee to Agency upon demand or Agency may offset the cost of the premiums against any monies due to Licensee from Agency. 14. RIGHT OF ENTRY The Site at all times shall be open to the inspection of proper governmental authorities. - 3 - 15. AUTHORITY STOP In the event that an authorized representative of the Agency finds that the activities being held on the Licensed Premises unnecessarily endanger the health and/or safety of persons on or near said property, or endanger said property, the said authorized representative may require that the above-described property be closed until said endangering activities cease. 16. DEFAULT OR BREACH Agency shall have the right to terminate or revoke this license at any time during the term hereof in the event Licensee fails to perform any of the covenants and agreements of this Agreement. 17. ASSIGNPOW This License is personal to Licensee, and in the event Licensee shall attempt to assign or transfer the same in whole or in part, all rights hereunder shall immediately terminate. 18. OPERATIONAL RESPONSIBILITIES Licensee shall: a. Comply with and abide by all applicable rules and regulations adopted by the Agency. b. Comply with all applicable City, County, State and Federal laws and, in the course thereof, obtain and keep in effect all permits and licenses required to conduct the authorized activities on the premises; C. Maintain the Licensed Premises in a clean and sanitary condition; d. Assume the risk of loss, damage or destruction due to theft, fire and casualty of any and all fixtures and personal property belonging to Licensee that are installed or placed within the Licensed Premises. e. Repair any and all damage to Agency property, both real and personal arising out of the conduct of the authorized activities on the Licensed Premises; f. Permit the Agency and/or its authorized representatives to enter the Licensed Premises at any time during business hours for the purpose of - 4 - 4 deter .ling whether the authorized act sties are being conducted in compliance with the terms of this Agreement; and g. Prohibit advertising signs or matter to be displayed from the Licensed Premises. 19. NOTICES Notices desired or required to be given by this License or by any law now or hereafter in effect may be given by enclosing the same in a sealed envelope addressed to the party for whom intended and by depositing such envelope with postage prepaid in the United States Post Office or any substation thereof, or any public letter box, and any such notice and the envelope containing the same shall be addressed to Licensee as follows: or such other place as may hereinafter by designated in writing by the Licensee and the notices and envelopes containing the same to Agency shall be addressed to: DEVELOPMENT DEPARTMENT ECONOMIC DEVELOPMENT AGENCY 201 NORTH "E" STREET SAN BERNARDINO, CA 92401 Attention: Executive Director 20. WARRANT OF AUTHORITY Each of the undersigned signatories of the Licensee hereby personally covenant, warrant and guarantee that each of them, jointly and severally, have the power and authority to execute this License Agreement upon the terms and conditions stated herein and each agrees to indemnify and hold harmless the Agency and its officers and employees from all damages, costs, and expenses, which result from a breach of this material representation. w IN WITNESS WHEREOF, the Executive Director of the Redevelopment Agency of the City of San Bernardino, under the authority given by its Community Development Commission has caused this License Agreement to be executed on its behalf and Licensee has executed this License Agreement, or caused it to be duly executed, the day, month and year first above written. APPROVED AS TO FORM REDEVELOPMENT AGENCY OF AND LEGAL CONTENT THE CITY OF SAN BERNARDINO Agency Counsel By By Executive Director APPROVED AS TO PROGRAM: DEVELOPMENT DEPARTMENT OF THE ECONOMIC DEVELOPMENT AGENCY LICENSEE By By Deputy Director Title By Title DJN:rg:3214J i — 6 —