HomeMy WebLinkAboutRoberts, Ken & Kerry - Agreement Regarding Neighborhood Libraries - 05.04.23Agreement
Regarding Neighborhood Libraries Ma) CQW3 U
This Agreement (Agreement) is entered into this 011day of [ENTER DATE], by and
between the CITY OF FRESNO, CALIFORNIA, a municipal corporation (City), and
r �ae' �" (Property Owner).
RECITALS
A. Property Owner owns the home located at 1��1 �`� w� in
the City of Fresno (the Property).
B. The City and Property Owner wish to enter into this Agreement for the placement
of a "Neighborhood Library" on Property Owner's property, as set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, which are contractual in
nature, the mutual covenants herein contained, and such other and further
consideration as is hereby acknowledged, the parties agree as follows:
1. CONTACT PERSONS.
City Representatives: City Manager
2600 Fresno Street
Fresno, CA 93721
Tel: (559) 621-7770
Property Owner: = ,r ►�-_� bra �_
2. CITY RIGHTS AND RESPONSIBILITIES.
a. Provide a Neighborhood Library structure and base (collectively, the
Improvements) at no cost to Property Owner; the Improvements include
any artistic design thereon. Unless otherwise agreed upon in writing, City
shall be responsible for installation of the Improvements and retain
ownership of the Improvements.
i. Unless otherwise agreed upon, the placement of the Neighborhood
Library will be within the mow strip, facing the sidewalk, adjacent to
the Property Owner's home or, for those who do not have a mow
strip, at the end of the property with the neighborhood library facing
the street.
Except for maintenance as provided herein, the Improvements
(including structure, design, roof, etc.) may not be altered without
the prior written approval from the City of Fresno, Council District 4.
In the event Property Owner wishes to add art and/or design
elements to the Improvements, Property Owner must submit a
design proposal to the Council District 4 office prior to
alterations/additions being completed on the Improvements. If an
authorized art or design is added to the Improvements, once
completed, a protective sealant must be applied on the thereon to
protect the paint. All costs associated with art or design additions
shall be the sole responsibility of the Property Owner.
b. City shall have the right to remove the Improvements at its sole discretion.
Removal may be predicated upon, but shall not be required to be
predicated upon, the Improvements having become a safety hazard,
blighted, or a nuisance. City shall provide a minimum of one -week's
written notice to the Property Owner of such removal .
C. City may remove the Improvements if City determines in its sole discretion
that Property Owner has failed to perform any of its responsibilities under
this Agreement.
3. PROPERTY OWNER RIGHTS AND RESPONSIBILITIES.
a. Property Owner shall provide City proof of ownership prior to the
execution of this Agreement.
b. Property Owner authorizes City to install the Improvements on the
Property and agrees to maintain the Improvements in a neat, clean, and
graffiti -free manner, free of blight and hazard. Property Owner's obligation
to maintain Improvements shall include maintenance of the fagade of the
Improvements which may entail touching up paint and ensuring it is
structurally sound.
C. Ensure that the Neighborhood Library is reasonably stocked with
children's books.
4. TERM AND EFFECTIVENESS. This Agreement shall be effective upon its
complete execution by the parties' authorized agents and shall remain in effect
until terminated by either party. Either party may terminate this agreement with
or without cause upon thirty days' written notice to the other party. City shall be
responsible for removal of the Improvements upon termination and shall retain
ownership of the Improvements.
5. COMPLIANCE WITH GOVERNING LAW. Each party shall comply with all
federal, state and local laws, rules and regulations in its pursuit hereof. No party
in its performance of this Agreement shall employ discriminatory practices on the
basis of race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, sex, age, sexual orientation,
ethnicity, status as a disabled veteran or veteran of the Vietnam era.
6. CAPACITY OF THE PARTIES. Each party is acting in an independent capacity.
Nothing in this Agreement and nothing in the course of dealings between the
parties hereunder shall be deemed to create any fiduciary relationship, trust,
partnership, joint venture, agency or employment relationship, jointly and
severally. The parties further agree and acknowledge that each party is solely
K
responsible for determining the method and means by which it will fulfill its
obligations hereunder.
7. INDEMNIFICATION. City shall indemnify, hold harmless and defend Property
Owner 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 Property Owner, City
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 or alleged to
have arisen directly or indirectly from the negligent or intentional acts or
omissions, or willful misconduct of City or any of its officers, officials, employees,
agents or volunteers in the performance of this Agreement; provided nothing
herein shall constitute a waiver by City of governmental immunities including
California Government Code section 810 et seq.
Property Owner shall indemnify, hold harmless and defend City 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 the City, Property Owner 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 or alleged to have arisen directly
or indirectly from the negligent or intentional acts or omissions, or willful
misconduct of Property Owner or any of its officers, officials, employees, agents
or volunteers in the performance of this Agreement. Property Owner agrees that
this Agreement shall in no way act to abrogate or waive any immunities available
to City under the Tort Claims Act of the State of California.
In the event of concurrent negligence on the part of City or any of its officers,
officials, employees, agents or volunteers, and Property Owner or any of its
officers, officials, employees, agents or volunteers, the liability for any and all
such claims, demands and actions in law or equity for such losses, fines,
penalties, forfeitures, costs and damages shall be apportioned under the State of
California's theory of comparative negligence as presently established or as may
be modified hereafter.
This section shall survive termination or expiration of this Agreement.
8. ATTORNEY'S FEES. If a party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Agreement,
the prevailing party in such proceeding or action shall be entitled to recover from
the other party its/their reasonable attorney's fees and legal expenses.
9. ASSIGNMENT. There shall be no assignment by any party of its rights or
obligations under this Agreement without the prior written approval of the other
party. Any attempted assignment by a party, its successors or assigns, shall be
null and void unless approved in writing by the other party.
3
10. WAIVER. The waiver by any party of a breach by the other of any provision of
this Agreement shall not constitute a continuing waiver or a waiver of any
subsequent breach of either the same or a different provision of this Agreement.
No provisions of this Agreement may be waived unless in writing and approved
by and signed by all parties to this Agreement. Waiver of any one provision
herein shall not be deemed to be a waiver of any other provision herein.
11. GOVERNING LAW AND VENUE. This Agreement shall be governed by, and
construed and enforced in accordance with, the laws of the State of California.
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, California.
12. SEVERABILITY. The provisions of this Agreement are severable. The invalidity
or unenforceability of any one provision in this Agreement shall not affect the
other provisions.
13. REPRESENTATIONS AND WARRANTIES. Each party hereby represents and
warrants to the other party and agrees that it has the full power and authority to
enter into this Agreement and perform each of its obligations hereunder, and it is
legally authorized and has obtained all necessary regulatory approvals for the
execution, delivery, and performance of this Agreement.
14. ENTIRE AGREEMENT, It is mutually understood and agreed that the foregoing
along with the attached Exhibits constitutes the entire Agreement between the
parties. Any modifications or amendments to this Agreement must be in writing
signed by an authorized agent of each party.
[SIGNATURE PAGE TO FOLLOW]
4
IN WITNESS THEREOF, the parties have caused their authorized agents to
execute this Agreement as of the date set forth above.
CITY OF FRESNO,
a California municipal corporation
By:
Geo g nne A. White
City M6nager
APPROVED AS TO FORM-
ANDREW JANZ
City Attorney
S- By:
e�pu y— w Est
ATTEST:
TODD STERMER, CMC
City Clerk
By-.
De uty
PROFT-YNER .-7
By: �A ,;
Name:
Title:
5