HomeMy WebLinkAboutFresno City & County Historical Society - License Agreement - 12-9-2022UUUUOIy11 CI IVCIVFIC IU. I ororr• o-mraw-NH I -M! /i'# JrUI../ t o%,uar-u
LICENSE AGREEMENT
This License Agreement (Agreement) is entered into on December 9, 2022
(Effective Date), by and between the City of Fresno, a California municipal corporation,
(Licensor), and Fresno City & County Historical Society, a California Nonprofit
Corporation — Public Benefit. (Licensee).
1. Licensor is the owner of certain real property situated in the City of Fresno,
located at APN: 464-22-043T; 510 West Kearney Blvd., Fresno, CA 93706 as depicted
in Exhibit A (Property).
2. Licensor grants to Licensee a revocable license (License) to allow Licensee use
of the location on March 24, 2023, between the hours of 7:00 a.m. to 11:59 p.m. for a
special event. Licensee may not use the Property for any other purpose or business
without obtaining Licensor's prior written consent.
3. Licensee must follow the scope of the event as set forth in Exhibit B, attached
hereto and incorporated herein to this Agreement.
4. Licensee must use reasonable care and may not unreasonably increase the
burden on the Property.
5. This License is personal to the Licensee and shall not be assigned. Any attempt
to assign the License shall automatically terminate it. No legal title or leasehold interest
in the Property is created or vested in Licensee by the grant of this License.
6. License shall terminate on March 25, 2023. There shall be no renewal of this
license.
7. The rate for the rental shall be Three Thousand Dollars ($3,000), this includes
use of the Fresno Chandler Executive Airport Terminal and Patio outside the terminal,
due in full no later than seven (7) days prior to the event.
8. The Licensee is responsible for all costs associated with Airport staff, at the rate
of $31.62 per hour, with a minimum of 2 hours. An invoice will be sent after the event,
which is due upon receipt.
9. Licensor may revoke this License at will by having a written revocation notice
delivered to Licensee at least fourteen (14) days prior to the termination date specified
in the notice.
10. After receipt of a notice of termination from Licensor, on or before the effective
date of termination specified in that notice, Licensee shall remove all of Licensee's
personal property from the Property and shall surrender possession of the Property to
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Licensor in good order and repair to the satisfaction of Licensor, normal wear and tear
excepted.
11. The Licensee shall indemnify, hold harmless and defend Licensor and each of its
officers, officials, employees, agents and volunteers from any and all loss, liability, fines,
penalties, forfeitures, costs and damages (whether in contract, tort or strict liability,
including but not limited to personal injury, death at any time and property damage)
incurred by Licensee or any other person, and from any and all claims, demands and
actions in law or equity (including attorney's fees and litigation expenses), arising
directly or indirectly from the negligent or intentional acts or omissions of Licensee, or
any of their officers, officials, employees, agents, invitees, or volunteers in the
performance of this activities described in this Agreement provided nothing herein shall
constitute a waiver by City of governmental immunities including California Government
Code section 810 et seq. This section shall survive termination or expiration of this
Agreement. Insurance requirements are attached hereto and incorporated herein as
Exhibit C of this Agreement.
12. Any notice required or intended to be given to either party under the terms of this
Agreement shall be in writing and shall be deemed to be duly given if delivered
personally or deposited into the United States mail, with postage prepaid, addressed to
the party to which notice is to be given at the party's address set forth on the signature
page of this Agreement or at such other address as the parties may from time to time
designate by written notice.
13. This Agreement shall be governed by, and construed and enforced in
accordance with, the laws of the State of California, excluding, however, any conflict of
laws rule which would apply the law of another jurisdiction. Venue for purposes of the
filing of any action regarding the enforcement or interpretation of this Agreement and
any rights and duties hereunder shall be Fresno County, California.
14. The provisions of this Agreement are severable. The invalidity or
unenforceability of any one provision in this Agreement shall not affect the other
provisions.
15. This Agreement constitutes the entire agreement between Licensor and Licensee
relating to the License. Any prior agreements, promises, negotiations, or
representations not expressly set forth in this Agreement are of no force and effect. Any
amendment to this Agreement shall be of no force and effect unless it is in writing and
signed by Licensor and Licensee.
[Signatures follow on the next page.]
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, on the day and year first above written.
Licensor:
CITY OF FRESNO,
A C"pAApppicipal corporation
By: I llj� 1/19/2023
Georgeanne White,
City Manager
CITY OF FRESNO,
A CpliforrjimWnicipal corporation
BY R-r6mFSbVl, 1/19/2023
Henry Thompson, A.A.E., C.A.E., IAP
Director of Aviation
APPROVED AS TO FORM:
ANDREW JANZ
City("�PJA,
�d"' by:
� 1/13/2023
BY: - -
Brandon M. Collet Date
Supervising Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City rks{gned by:
By: llaa [�6Vr 1/20/2023
By.�
Date
Deputy
Licensee:
FRESNO CITY & COUNTY HISTORICAL
SO eBSignedbA California Nonprofit
CoToation. vpobliQ Benefit /12/2023
By: _
Name: Elizabeth Laval
Title: President
Attachments:
Exhibit A — Legal/Property Description and Map
Exhibit B — Scope of Event
Exhibit C — Insurance Requirements
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FESTIVITIES AREA
EXHIBIT A
TO .. .
�- DINING AREA
y
- MEET AND GREET AREA
FRESNO CHANDLER EXECUTIVE AIRPORT
EVENT MAP AERIAL EXHIBIT
Red Location — FCH Terminal Building. Use of the lobby area for a meet and greet set
up. No other offices or locations can be used during the event inside the Terminal
Building.
Yellow Location — Outside seating in front of the Terminal Building on the cement
between the Terminal Building and the Fence that separates the ramp from the cement.
Area cannot extend pass the walkthrough fence between the Terminal Building and 524
W. Kearney Blvd.
Blue Location — Use of the School of Aero Hangar and surrounding ramp area is not a
part of this Agreement. Fresno County Historical Society must work with the tenant to
confirm use of this space.
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Fxhihit B
Scope of Event:
Premises
Terminal building, the concreate pad behind the building and the 1940 era hangar (540
W. Kearney) that is directly south of the Terminal building. 540 W. Kearney is not a part
of this Agreement.
Time
Set up from 7am on the date of the event through midnight for load out.
Event Information: 5:30pm to 10:30pm, March 24, 2023.
Attendance: 400 guests at the event.
Flow
Guests will arrive and enter through the front doors of the Terminal building. That area
will have high -top tables placed and provide each guest with a welcome cocktail.
Guests will proceed through the back Terminal building doors to the tables in the back
facing the airfield. There will be a Live Entertainer and tables set up for dinner along
with a full bar serving period inspired and themed cocktails. After dinner, guests will
walk to 540 W. Kearney Blvd across the parking lot reach the hangar where the live
band and dance floor will be located.
Lighting
Lighting Contractor: Light Up the Walls.
Plan:
1. LED battery powered chandeliers over the tables in on the concrete pad
behind the Terminal building.
2. 8 foot poles with lights to show the pathway between the dinner area and
the hangar.
3. Hangar: in front of the doors on the table's battery operated table lamps
and additional battery powered chandeliers in that area with some floor
lights on the stage and other lighting inside the hangar area.
For the parking lot, we would usually rely on any permanent lighting (streetlights) that
are already there. If there is no lighting in that area, the event lighting company will
supply low flood lights for attendees.
Activities
Dinner will be served following the cocktail hour. Dinner entertainment includes AJ Fox
as MC for the evening.
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After dinner the party will shift to 540 W. Chandler hangar which includes a temporary
stage for the LIVE band and USO show. There will be cocktails tables, a dance floor
and dessert stations and another cocktail bar.
Additional Information and Vendors
ABC event permit for the bar (copy to be provided to Airport prior to the event)
Caterer: Pardini's Catering serving Appetizers, Welcome Cocktails and Dinner.
Desserts: One Sweet Table will do dessert stations.
Lighting: Light Up the Walls for event lighting
KSB: Kathy Burk for event decor and rentals.
Security
Central California Private Security: cover all the pre -event, event and post event
security so we will have guards on site from the time that the first vendor arrives to set
up through the end of loadout. 1 guard per 100 people.
Music
Joe Lenigan — Little Big Band for the USO, additional entertainers who will be
preforming.
Parking
Valet parking: if provided will be handled by Central California Valet.
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EXHIBIT C
INSURANCE REQUIREMENTS FOR SPECIAL EVENTS AND THE USE OF CITY
GROUNDS AND FACILITIES
In consideration for the issuance of a Permit for Special Event or the issuance of a
License for the use of City Grounds and Facilities, Permittee shall pay for and maintain
in full force and effect all policies of insurance required herein with an insurance
company(ies) either (i) admitted by the California Insurance Commissioner to do
business in the State of California and rated not less than "A-VII" in Best's Insurance
Rating Guide, or (ii) authorized by City's Risk Manager or his/her designee at any time
in his/her sole discretion. The following policies of insurance are required and shall
maintain limits of liability of not less than those amounts stated below, however, the
insurance limits available to the City of Fresno, its officers, officials, employees, agents
and volunteers as additional insureds, shall be the greater of the minimum limits
specified herein or the full limit of any insurance proceeds available to the named
insured.
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as
broad as the most current version of Insurance Services Office (ISO)
Commercial General Liability Coverage Form CG 00 01 providing liability
coverage arising out of your business operations. Example of acceptable
endorsements would be CG 20 12 04 13 or CG 20 26 04 13 along with
CG20 01 04 13. The Commercial General policy shall be written on an
occurrence form and shall provide coverage for "bodily injury'; "property
damage" and "personal and advertising injury" with coverage for premises
and operations (including the use of owned and non -owned equipment), all
vendors, exhibitors, entertainers, products and completed operations and
contractual liability (including, without limitation, indemnity obligations under
the Agreement) with limits of liability of not less than the following:
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed operations; and,
(iv) $2,000,000 general aggregate
ANY AMUSEMENT RIDES OR DEVICES MUST BE INSURED AND SPECIFICALLY
ENDORSEMENT INTO NOT EXCLUDED FROM THE GENERAL LIABILITY
INSURANCE AND IF AMUSEMUSEMENT RIDE/DEVICE OWNER IS NOT THE
EVENT HOLDER, THE RIDE/DEVICE OWNER WILL NEED TO ENTER INTO A
DIRECT SIDE AGREEMENT TO PROVIDE INDEMNITY AND INSURANCE
PROTECTION TO THE CITY OF FRESNO. ALL AMUSTMENET RIDES AND/OR
DEVICES MUST BE PREAPPROVED 30 DAYS IN ADVANCE BY RISK
MANAGEMENT PRIOR TO USE.
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LIQUOR LIABILITY INSURANCE: If alcoholic beverages are to be sold* served or
furnished, Liquor Liability coverage is required with limits of liability of not less
than:
(i) $1,000,000 per occurrence;
(ii) $2,000,000 aggregate for bodily injury and property damage;
The responsibility for Liquor Liability Insurance may be assigned to Permittee's
concessionaire/vendor. *If Permittee intends to sell alcohol either the Permittee or
concessionaire/vendor providing the alcohol for sale must have a valid liquor
sales license and Liquor Liability Insurance covering sale of alcohol. If the liquor
sales license is obtained by a concessionaire/vendor, that entity must enter into a
direct Side Agreement with the City of Fresno in order to provide indemnity and
insurance protection and provide the required insurance documents as identified
herein.
COMMERCIAL AUTOMOBILE LIABILITY* insurance which shall be at least as broad
as the most current version of ISO Business Auto Coverage form CA 00 01 providing
liability coverage arising out of the ownership, maintenance or use of automobiles in the
course of your business operations. The Commercial Automobile policy shall be written
on an occurrence form and shall provide coverage for "all owned, hired, and non -owned
automobiles or other licensed vehicles (Code 1 - Any Auto) with limits of liability of not
less than the following:
(i) $1,000,000 per accident for bodily injury and property damage
WORKERS' COMPENSATION insurance as required by the State of California and
EMPLOYERS' LIABILITY (Where Applicable) insurance with limits of $1,000,000
each accident, $1,000,000 disease each employee and $1,000,000 disease policy limit.
(Only required if Permittee has employees.)
Umbrella or Excess Liability In the event Permittee purchases an Umbrella or Excess
Liability insurance policy(ies) to meet the "Minimum Limits of Insurance," this insurance
policy(ies) shall "follow form" and afford no less coverage than the primary insurance
policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply
on a primary and non- contributory basis for the benefit of the CITY, its officers, officials,
employees, agents and volunteers.
DEDUCTIBLESISELF-INSURED RETENTIONS - Permittee shall be responsible for
payment of any deductibles contained in any insurance policies required herein and
Permittee shall also be responsible for payment of any self -insured retentions. Any
deductibles or self -insured retentions must be declared to on the Certificate of
Insurance, and approved by, the City's Risk Manager or his/her designee. At the option
of the City's Risk Manager or his/her designee, either:
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(i) The insurer shall reduce or eliminate such deductibles or self -insured retention
as respects City, its officers, officials, employees, agents and volunteers; or
(ii) Permittee shall provide a financial guarantee, satisfactory to City's Risk
Manager or his/her designee, guaranteeing payment of losses and related
investigations, claim administration and defense expenses. At no time shall
City be responsible for the payment of any deductibles or self -insured
retentions.
ENDORSEMENTS: All non -ISO endorsements amending policy coverage shall be
executed by a licensed and authorized agent or broker. Permittee shall have
furnished City with the certificate(s) and applicable endorsements for ALL
required insurance forty-five (45) days rp for to the Special Event and/or Use of
City Grounds and Facilities.
(i) All policies of insurance required herein shall be endorsed to provide that the
coverage hall not be cancelled, non- renewed, reduced in coverage or in
limits except after thirty (30) calendar day written notice by certified mail,
return receipt requested, has been given to the City. Permittee is also
responsible for providing written notice to the City under the same terms and
conditions. Upon issuance by the insurer, broker, or agent of a notice of
cancellation, non- renewal or reduction in coverage or in limits, Permittee
shall furnish the City with a new certificate and applicable endorsements for
such policy(ies). In the event any policy is due to expire during the
special event, Permittee shall provide a new Certificate and applicable
endorsements evidencing renewal of such policy(ies) not less than
fifteen (15) calendar days prior to the expiration date of the expiring
policy.
(ii) The Commercial General, Commercial Automobile and Liquor Liability (if
applicable) insurance policies shall name the City of Fresno, its officers,
officials, agents, employees and volunteers as additional insureds.
(iii) All policies of insurance shall be endorsed to be primary and non-contributory
with respect to the City of Fresno, its officers, officials, employees, agents and
volunteers. Any insurance or self-insurance maintained by the City of Fresno,
its officers, officials, employees, agents and volunteers shall be excess of the
Permittee's insurance and not contribute with it.
(iv) Any Workers' Compensation insurance policy shall contain a waiver of
subrogation as to City of Fresno, its officers, officials, agents, employees and
volunteers.
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PROVIDING OF DOCUMENTS: Upon request of City, Permittee shall immediately
furnish City with a complete copy of any insurance policy required under this
Agreement, including all pages to the policy requested including the Declarations page,
the Forms and Endorsements page, all Endorsements, with said copy certified by the
underwriter to be a true and correct copy of the original policy. This requirement shall
survive the expiration or termination of the Permit.
MAINTENANCE OF COVERAGE: If at any time during the Special Event or the Use of
City Grounds and Facilities, Permittee fails to maintain the required insurance in full
force and effect, the Permit providing permission for such use shall be discontinued
immediately until notice is received by City that the required insurance has been
restored to full force and effect and that the premiums therefore have been paid for a
period satisfactory to the City.
NOTE: A Certificate of Insurance is not acceptable, in lieu of the additional
insured and/or waiver of subrogation endorsements required above. The
Certificate of Insurance must be accompanied by the Insurance Policy
Declarations' pages, the Forms and Endorsements pages, Additional Insured and
Primary and Non Contributory Insurance endorsements.
The Permittee is required to cover all parts of the event. If any part of the event is
excluded by the insurance provided, the Permittee is required to purchase
coverage for these exposures. The exposures include but are not limited to;
Liquor, Amusement Devices, Vendors, Exhibitors, DJs, Live Performers and
Bands.
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