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HomeMy WebLinkAboutMINUTES - 05061997 - C16 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: MAY 6, 1997 SUBJECT: LICENSE AGREEMENT FOR CIRCUS BY OAKLEY CHAMBER OF COMMERCE - OAKLEY AREA Project No.: W.O. 5432 Task: ACID Account: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE License Agreement with the Oakley Chamber of Commerce and Carson & Barnes Circus and AUTHORIZE the Board Chair to execute said Agreement on behalf of the County. II. Financial Impact: None. Continued on Attachment: X SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON (off `�`j APPROVED AS RECOMMENDED_OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: f tteroby ceRtly that thla Is a true and cortect ley o/ !n action taken and entered on the minutes yu: NW.gpp Board of Supervlso on the date shown. g:\realprop\97-5\BOa6-5b.wpd �rtEST� °J` bo7 PHIL BATCHE 1,Clerk f t� he ard Orig. Div: Public Works(RIP) of SupervIMS 80 CountyAd5nlstrator Contact: N.Wenninger(313-2227) ' cc: County Administrator p P.W.Accounting License Agreement May 6, 1997 Page Two III. Reasons for Recommendations and Background: The Oakley Chamber of Commerce has requested permission to use County-owned property to stage a circus sponsored by the Chamber and produced by the Carson & Barnes Circus Company on June 17 and 18, 1997. Proceeds will be used to support local charities and non-profit organizations. The proposed site is a 6.22± acre parcel located immediately south of O'Hara Park Middle School on the easterly side of O'Hara Avenue. This License Agreement sets forth the terms and conditions under which the Chamber may use the County's property, including insurance requirements and indemnification. In exchange for its use, Licensees have agreed to abate weeds on the property and to return the premises to a neat and safe condition after the event. IV. Consequences of Negative Action: The Chamber will have to seek a less desirable alternative location. Lf License Agreement (Not to be Recorded) OAKLEY CHAMBER OF COMMERCE PERMIT FOR CARSON & BARNES CIRCUS THIS AGREEMENT is made and entered into this_� day of r / , 19L2, by and between CONTRA COSTA COUNTY, a political subdivision of the State of California, hereinafter called "COUNTY," and the OAKLEY CHAMBER OF COMMERCE and CARSON & BARNES CIRCUS, an Oklahoma corporation, together hereinafter called "LICENSEES." Each of the LICENSEES is individually, jointly and severally responsible for all obligations under this License. WITNESSETH: COUNTY owns and possesses fee title interest in certain real property (the "Property") located immediately south of O'Hara Park Middle School on the easterly side of O'Hara Avenue in Oakley. as shown on Exhibit"A," attached. COUNTY, for a good and valuable consideration but no further fee or charge, and in further consideration of the faithful performance and observance by LICENSEES of all of the terms and conditions herein contained, does hereby grant to LICENSEES a license to use the Property upon the terms and conditions contained herein. Now, therefore, the parties agree as follows: 1. Grant of License. Subject to the terms and conditions of this Agreement, COUNTY hereby grants to LICENSEES a nonexclusive, revocable license to utilize the Property to stage a circus to be sponsored by the Oakley Chamber of Commerce and produced by the Carson & Barnes Circus. 2. Term. The term of this Agreement shall be for the period commencing June 16, 1997 and ending June 20, 1997. 3. Use of Premises. LICENSEES' use of premises shall be temporary only. LICENSEES do not have the right to construct any permanent improvements or fixtures on the premises. 4. Notice Prior to Use. The East Bay Regional Park District operates a recreational trail on abutting property. Before actual use of the Property, LICENSEES shall notify the District representative at (510) 625-5479 at least three working days prior to the initial use of the Property. 5. Permits and Approvals. LICENSEES shall be responsible for obtaining any permits or approvals from any agency having jurisdiction, including but not limited to Contra Costa County. This Agreement does not constitute governmental approval by Contra Costa County of this use. 6. Nonexclusive Right of Use. The right to use these premises is nonexclusive. COUNTY reserves the right to issue licenses to others for other purposes. Page 1 of 5 7. Revocable Use. The rights granted hereunder may be immediately revoked by the COUNTY upon a breach of any term of this agreement and shall be automatically revoked at the end of the term of this License. The installation or construction of any equipment or fixtures by LICENSEES pursuant to this agreement shall not render this revocable license irrevocable, and shall not be construed to effect a conveyance of any property right to LICENSEES. 8. Damage. The rights granted herein are surface rights only and no excavation shall be allowed. LICENSEES shall be responsible for abating weeds and clearing debris from the Property as necessary to conduct the permitted event. LICENSEES shall repair all damage and return the premises to a neat and safe condition satisfactory to COUNTY. 9. Indemnification. LICENSEES shall indemnify, save, protect, defend, and hold harmless COUNTY, its boards, officers, and employees from and against any and all loss, liability, expense, claims, costs, suits, and damages, including attorney's fees, arising out of or connected with LICENSEES' operations and performance, the acts or omissions of LICENSEES, their respective agents, concessions, licensees and or and the presence or public use of the Property, during the terms of this License, save and except claims or litigation arising from the sole negligence or sole willful misconduct of COUNTY or its officers or employees. 10. Insurance Requirements. LICENSEES shall take out and maintain during the life of this License all the insurance required by this section and shall submit certificates for review and approval by COUNTY. No construction on or use of the Property shall commence until such insurance has been approved by COUNTY. The certificates shall be on forms provided by COUNTY or the insurance carrier. Acceptance of the certificates shall not relieve LICENSEES of any of the insurance requirements, nor decrease the liability of LICENSEES. COUNTY reserves the right to require LICENSEES to provide insurance policies for review by COUNTY. (a) Worker's Compensation Insurance. LICENSEES shall take out and maintain Worker's Compensation and Employer's Liability Insurance for all of its employees on the Property. LICENSEES shall require any subcontractor to provide evidence of Worker's Compensation and Employer's Liability Insurance, all in strict compliance with California State laws. (b) Public Liability Insurance. LICENSEES shall take out and maintain Compre- hensive Automobile and General Liability Insurance that provides protection from claims which may arise from operations or performance under this License. LICENSEES shall require any subcontractor to provide evidence of the same liability insurance coverages. The amounts of insurance shall be not less than the following: Single Limit Coverage applying to Bodily and Personal Injury Liability and Property Damage: $5,000,000 per occurrence. (c) Endorsements. The following endorsements must be indicated on the certificate: Page 2 of 5 (1) Contra Costa County, its board, officers, agents and employees are additional insureds under the policy as to the work and operations being performed under this License; (2) The coverage is primary and no other insurance carried by COUNTY will be called upon to contribute to a loss under this coverage; (3) The policy covers blanket contractual liability; (4) The policy limits of liability are provided on an occurrence basis; (5) The policy covers broad form property damage liability; (6) The policy covers personal injury as well as bodily injury liability; (7) The policy covers explosion, collapse and underground hazards; (8) The policy covers products and completed operations; (9) The policy covers use of non-owned automobiles; (10) The coverage shall not be canceled nor materially altered unless thirty (30) days written notice is given to COUNTY. (d) Failure of Coverage. Failure, inability, or refusal of LICENSEES to take out and maintain during the entire term of this License any and all of the insurance as aforesaid shall at the option of COUNTY constitute a breach of this License and justify immediate termination of the same. 11. Pollution. LICENSEES, at their sole expense, shall comply with all applicable laws, regulations, rules, and others, with respect to the use of the Property, regardless of when they become or became effective, including, without limitation, those relating to health, safety, noise, environmental protection, waste disposal, and water and air quality, and furnish satisfactory evidence of such compliance upon request of COUNTY. No hazardous materials shall be handled by LICENSEES at any time upon the Property. Should any discharge, leakage, spillage, emission or pollution of any type occur upon or from the Property caused by LICENSEES' respective employ- ees, contractors and agents, LICENSEES, at their expense, shall be obligated to clean all the property affected thereby, whether owned or controlled by COUNTY or any third person, to the satisfaction of COUNTY (insofar as the property owned or controlled by COUNTY is concerned) and any governmental body having jurisdiction thereover. To the extent permitted by law, LICENSEES shall indemnify, hold harmless, and defend COUNTY and such holders of user rights against all liability, cost, and expense (including, without limitation, any fines, penalties, judgments, litigation costs, and attorneys' fees) incurred by COUNTY and such other users as a result Page 3 of 5 of LICENSEES' breach of this section or as a result of any such discharge, leakage, spillage, emission or pollution, regardless of whether such liability, cost or expense is proximately caused solely by the active negligence of COUNTY. LICENSEES shall pay all amounts due COUNTY under this section within ten (10) days after any such amounts become due. 12. Assignment. LICENSEES shall not assign their rights under this Agreement. 13. Modification. This License shall be subject to modification or amendment only by the written, mutual consent of all parties. 14. Notices. All notices, requests, and communications required or permitted hereunder shall be in writing and shall be sufficiently deemed to have been given and received upon personal delivery by messenger one business day following delivery by overnight courier or telecopier (provided that a transmission report is generated which reflects accurate transmission of the notice and a copy of the notice is mailed on the same day as the telecopy transmission) or, if mailed upon the first to occur of actual receipt or three (3) business days after being placed in the United States mail, postage prepaid, registered or certified mail, with return receipt requested, addressed to the above parties as follows: If to the COUNTY: CONTRA COSTA COUNTY Attn: Real Property Division 255 Glacier Drive Martinez, CA 94553 Telephone: (510) 313-2220 Facsimile: (510) 313-2333 If to the LICENSEES: OAKLEY CHAMBER OF COMMERCE Attn- Eric Soiland/Chuck Pierce P. O. Box 1340 Oakley, CA 94561 Telephone: (510) 625-1035 CARSON & BARNES CIRCUS, INC. Attn: i° t P. O. Box J Hugo, OK 74743 Telephone: (405) 326-3173 Facsimile: (405) 326- �7y66 Page 4 of 5 r 15. Entire Aqreement. It is understood that this document contains the entire agreement between the parties hereto and all prior understandings or agreements, oral or written, of whatsoever nature regarding the rights hereby granted are super- seded by this License and are hereby abrogated and nullified. IN WITNESS WHEREOF, the parties hereto have executed this License, in duplicate, the day and year first above written. Contra Costa County Oakley Chamber of Commerce By �� By Chair, Board of Supervisors Attest: 'TOat (° q 9 7 Phil Batchelor Clerk of the Board of Supervisors Carson & Barnes Circus, Inc. and County Administrator By � By Approved as to form: By Victor J. Westman Co C--a6 se 9 By Deputy NW:gpp gArea1prop\temp\oakdreus.t2 February10, 1997 Page 5 of 5 rri th Olt I , -f! 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