RES-2020-004 RESOLUTION NO.20 2 0-0 0 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
CONVENTION SPORTS AND ENTERTAINMENT DEPARTMENT
TO EXECUTE SHORT-TERM LICENSE AGREEMENTS ON
BEHALF OF THE CITY.
WHEREAS,the Anaheim Convention Center("ACC")hosts numerous events per year that require
extensive truck marshaling, truck staging, and trailer storage by general service contractors that are hired
by tenants to service the events;and
WHEREAS,the availability and accessibility of nearby locations for truck marshaling, truck
staging,and trailer storage is vital to the success of events at the ACC;and
WHEREAS,pursuant to Section 518 of the City Charter the City Council finds and determines that
it is in the best interest of the City of Anaheim to approve the form of an agreement for the short-term use
of City-owned or controlled properties for truck marshaling,truck staging and trailer storage and delegate
the execution of said agreements to the Executive Director of the Convention Sports and Entertainment
Department.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Anaheim as follows:
1. The City Council does hereby authorize the Executive Director of the Convention Sports
and Entertainment Department to approve and execute short-term agreements,in the form
of a standard agreement in the form attached as Exhibit "A" and incorporated herein by
this reference,between the City of Anaheim and general service contractors for the short-
term use of properties owned, maintained or subject to control by the City for truck
marshaling purposes for a fee of no more than$1,000 per day to support events and shows
taking place at the ACC.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of
Anaheim this 1 4th day of January ,20 2 0 by the following roll call vote:
AYES: Mayor Sidhu and Council Members Faessel, Barnes,
Brandman, Moreno, Kring, and O'Neil
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF AHEIM
By:
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CITY CLERK OF TH CITY OF ANAHEIM
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THIS AGREEMENT made and entered into this_day of 20_,by and between the CITY OF
ANAHEIM,a municipal corporation,hereinafter referred to as"CITY",
A Company ATTN: Name Title
N Address Company
D City, ST Zip PHONE: xxx/xxx-xxxx
hereinafter referred to as"LICENSEE".
If this License Agreement and Deposit are not returned to the Executive Director's office within thirty
(30)days of the Agreement Execution Date noted above,it may be considered null and void.
WITNESSETH:
WHEREAS, the City of Anaheim owns, maintains or is in control of real property commonly known as
ADDRESS / DESCRIPTION / GENERAL LOCATION in the City of Anaheim (the "Property") and
depicted on the"Map of the Properties"which is attached hereto as Exhibit A and incorporated herein by
this reference.
WHEREAS, CITY hosts events each year, consisting of trade shows, conventions, corporate events,
consumer shows,meetings,social functions and banquets at the Convention Center(scheduled"Events")
WHEREAS, Licensee desires to use a portion of the Property (the "License Area") on a non-exclusive
bases for truck&trailer parking and storage for scheduled Events(the"Permitted Uses").
WHEREAS,CITY desires to accommodate the Licensee's desire to commence such actions by granting a
right of entry as provided herein.
NOW THEREFORE, FOR AND IN CONSIDERATION OF THE FOLLOWING PROMISES,
COVENANTS AND CONDITIONS,THE PARTIES HERETO AGREE AS FOLLOWS:
1. CITY hereby grants to LICENSEE a non-exclusive license and right to enter into and use a
designated portion of the Property described to be the (see attached
Exhibit"B")for a period of Number(X)days commencing at 12:01 AM on Day,Month xx,20XX
and ending at 11:59 PM on Day,Month XX,20XX,for the sole purpose of truck and trailer parking
and storage.
2. In consideration of granting the license and in order to consummate this Agreement, LICENSEE
agrees to pay to CITY as consideration for LICENSEE's use of the License Area, a"License Fee"
in the amount of XXXX Thousand XXXX Hundred Dollars ($X,XXX) on or before Day.Month
Please return ALL signed copies to the Executive Director:
800 West Katella Avenue,Anaheim, CA 92802 •(714) 765-8950
Page 1 of 5
CITY OF ANAHEIM
OCCUPANCY AGREEMENT
XX.20XX. Failure to pay said License Fee,as referenced in this section will nullify this License
Agreement.
3. LICENSEE hereby agrees to accept said License Area equipped as-is. LICENSEE further agrees
to pay any and all expenses incident to the preparation for,and during,the scheduled Event and for
restoring the License Area to its original condition, ordinary wear and tear excepted. CITY will
use its best efforts to maintain all improvements,appurtenances and equipment of License Area in
good working condition, provided, however, that CITY does not warrant or guarantee that said
improvements,appurtenances and equipment will operate at all times.
4. CITY requires that LICENSEE pay an "Advance Deposit" of Dollars ($X,XXX.XX) as
designated on the attached Event Proposal (attached hereto as Exhibit C), which represents the
estimated charges of all costs to prepare the License Area for LICENSEE's use. The "Advance
Deposit" is due no later than Month XX, 20XX. LICENSEE shall pay the balance of charges,if
any,within 30 days. If the "Advance Deposit" is in excess of the total costs for the services, the
City of Anaheim will issue a refund to LICENSEE for the amount in excess.
5. LICENSEE shall not mar or deface any part of the License Area. LICENSEE agrees there will be
no penetration of the parking lot asphalt or concrete surfaces with pegs, posts, stakes, or nails.
LICENSEE agrees to use only tape on parking lot surfaces for marking of booth spacing,etc. Paint
or chalk use on asphalt is not permitted. LICENSEE shall not display any signs,pictures,notices
or advertisements, on or within the Licensee Area, without written consent of the CITY.
Additionally,LICENSEE assures CITY that no tape will be applied to any other surface(s)without
CITY'S written approval. LICENSEE assures all financial responsibility for costs incurred by
CITY to remove tape or repair damages.
6. It is hereby understood and agreed by and between CITY and LICENSEE that any and all property
or articles belonging to LICENSEE will be removed from said premises upon expiration of the
terms of this License Agreement. In the event said property or articles are not removed by the
expiration of the terms of this License Agreement,LICENSEE hereby agrees to pay to CITY a fee
equal to five(5)times the daily License Fee,which is a( Dollars($ ))
per day surcharge.
7. INDEMNIFICATION: LICENSEE agrees to indemnify, defend (at CITY's option), and hold
harmless the CITY, the ANAHEIM HOUSING AUTHORITY and their officials, officers, and
employees from and against any and all claims, demands, defense costs, liability, expense, or
damages of any kind or nature arising out of or in connection with LICENSEE's use and/or
occupancy of License Area, or arising out of any act or omission of LICENSEE or any of
LICENSEE's employees, agents, contractors, representatives, patrons, guests, or invitees;
excepting such claims, demands, defense costs, liability, expense, or damages arising out of the
sole negligence of the CITY.
Notwithstanding the provisions of the above paragraph, LICENSEE further agrees to assume all
risk, and to indemnify, defend, and hold harmless the CITY from and against any and all claims,
demands, defense costs, liability, expense, or damages of any kind or nature arising out of or in
connection with damage to or loss of any property belonging to LICENSEE or LICENSEE's
employees, contractors, representatives excepting that portion of physical damage to property
Please return ALL signed copies to the Executive Director:
2000 Gene Autry Way, Suite#202,Anaheim, CA 92806•(714)940-2750
Page 2 of 5
CITY OF ANAHEIM
OCCUPANCY AGREEMENT
owned by LICENSEE, arising out of the sole negligence of the CITY,however in no event shall
CITY's liability exceed the License Fee of this Agreement. It is understood by the parties that,
should LICENSEE wish to attempt to mitigate its liability for damage to or loss of the property of
its exhibitors, it is the sole responsibility of LICENSEE to ensure that LICENSEE's agreements
with its exhibitors contain wording holding LICENSEE and the CITY harmless for such loss or
damage;however,the inclusion or exclusion of such language in no way diminishes LICENSEE's
liability or responsibility to the CITY under this paragraph.
LICENSEE further agrees to indemnify CITY for damage to or loss of CITY property arising out
of or in connection with LICENSEE's use and/or occupancy of the License Area,or arising out of
any act or omission of LICENSEE or any of LICENSEE's employees, agents, contractors,
representatives,patrons, guests, or invitees; excepting such damage or loss arising out of the sole
negligence of the CITY.
8. INSURANCE: Without limiting the CITY's right to indemnification,LICENSEE shall,at its sole
expense,procure and maintain through the term of this Agreement, the following insurance, and
under the following terms:
Worker's Compensation Insurance as required by California statutes,and Employee's Liability
Coverage of not less than One Million Dollars($1,000,000).
Comprehensive General Liability Insurance, or Commercial General Liability Insurance,
including coverage for operations, contractual liability, personal injury liability,
products/completed operations liability, board-form property damage, and independent
contractors liability in an amount not less than One Million Dollars ($1,000,000) per
occurrence,written on an occurrence form.
Comprehensive Automotive Liability coverage, including(as applicable)owned,non-owned
and hire vehicles,in an amount not less than One Million Dollars($1,000,000)per occurrence,
combined single limit,written on an occurrence form.
Each insurance policy required under this Agreement shall contain the following clause:
"This insurance shall not be canceled prior to the termination date of insured's Agreement with
the City of Anaheim or until after thirty(30) days prior written notice has been given to the
Executive Director's Office,2000 Gene Autry Way, Suite#202,Anaheim,CA 92806."
Each insurance policy required by this Agreement, excepting policies for workers'compensation,
shall contain the following clauses:
"It is agreed that any insurance or self-insurance maintained by the City of Anaheim shall
apply in excess of,and not contribute with coverage provided by this policy."
"The Anaheim Housing Authority and the City of Anaheim, their officers, officials, and
employees are added as additional insureds as their interests may appear under this Agreement
with the Anaheim Housing Authority and the City of Anaheim."
Please return ALL signed copies to the Executive Director:
2000 Gene Autry Way,Suite#202,Anaheim, CA 92806•(714)940-2750
Page 3 of 5
CITY OF ANAHEIM
OCCUPANCY AGREEMENT
Any insurance required under this Agreement must be written by an insurance company admitted
and licensed to do business in California.
CITY's Risk Manager is hereby authorized to reduce the requirements set forth herein in the event
he determines that such reduction is in CITY's best interest.
Prior to the first date of occupancy, LICENSEE shall deliver to CITY certificates of insurance
evidencing the existence of the above-required insurance, and endorsements evidencing
compliance with the above-referenced clauses. Such certificates and endorsements must be in a
form reasonably acceptable to CITY. Such endorsements must be signed by an authorized
representative of the insurance company and shall include the signator's company affiliation and
title. Should it be deemed necessary by CITY, it shall be LICENSEE's responsibility to see that
CITY receives documentation acceptable to CITY,which sustains that the individual signing said
endorsements,is indeed authorized to do so by the insurance company. Also,CITY has the right
to demand,and to receive within a reasonable time period,copies of any insurance policies required
under this Agreement.
LICENSEE agrees that failure to provide required insurance certificates and endorsements to CITY
prior to stated deadlines will constitute immediate breach of this Agreement by LICENSEE; and
CITY may,at its sole option,exercise any rights it may have under this Agreement.
Nothing herein contained shall be construed as limiting in any way the extent to which LICENSEE
may be held responsible for damages to persons or property resulting from LICENSEE's (or
LICENSEE's contractor's) use and occupancy of the License Area, or LICENSEE's obligation
under this Agreement.
9. In the event of a breach by the LICENSEE of the terms or conditions of this Agreement,the CITY
may thereupon, without notice, declare the terms of this Agreement ended, and may retain all
monies received by CITY under the terms of this Agreement,and,in addition thereto,may recover
all Licensee Fees and damages due under the terms of this Agreement,or arising out of the default
or violation of the conditions hereof;or,it may take legal action against LICENSEE for and recover
the License Fees due under this Agreement and also due for all damages sustained, without
declaring this Agreement void,as CITY may elect. Should this Agreement be terminated as above,
on account of LICENSEE's default,CITY may at its own option,use the License Area.
10. CITY reserves the right to terminate the license granted by this Agreement for good cause or for
any reason in the interest of CITY to do so. In the event CITY exercises the right retained by it
hereunder,it shall refund,or as the case may be,release LICENSEE from any liability for payment
of an amount bearing the same proportion to the total payment provided for in Paragraph 2 hereof
as the period in which the facilities are in fact not utilized bears to the total duration of the license.
Should the CITY exercise said right to terminate the license granted by this Agreement,LICENSEE
agrees to forego any and all claims for damages against CITY and further agrees to waive any and
all rights which might arise by reason of the terms of this license; and LICENSEE shall have no
recourse of any kind against CIT
Please return ALL signed copies to the Executive Director:
2000 Gene Autry Way, Suite#202,Anaheim, CA 92806•(714)940-2750
Page 4 of 5
CITY OF ANAHEIM
OCCUPANCY AGREEMENT
11. LICENSEE shall not sublet, in whole or in part, any or all of the premises; nor shall LICENSEE
sign, hypothecate, or mortgage this Agreement or any or all its rights hereunder, without prior
written consent of CITY.
12. LICENSEE shall observe and comply with all laws, statutes, ordinances,rules and/or regulations
of the United States Government,State of California,County of Orange,and City of Anaheim.
13. CITY assumes no responsibility whatsoever, for any property placed in License Area, and said
CITY is hereby expressly released and discharged from any and all liabilities for any loss, injury
or damages to person or property that may be sustained by reason of the occupancy of said premises
under this Agreement.
14. LICENSEE must acquire all equipment needed, including any equipment required by any
contracted labor. CITY will not act as third party in these transactions or accept liability for such
equipment.
15. Overnight camping is NOT permitted on or within the License Area.
16. It is understood and agreed by and between CITY and LICENSEE that no verbal representation or
promise of any nature, not covered by this document,has been made by either party to the other;
and that any agreements not provided for in this Agreement will be covered by an addendum,which
addendum will be signed by both parties hereto.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed as of the day and
year first above written.
CITY OF ANAHEIM
"CITY"
EXECUTED: ,20_ By:
Date Thomas Morton,Executive Director
Convention, Sports and Entertainment Dept.
NAME OF LICENSEE "LICENSEE"
EXECUTED: ,20_ By:
Date Name,Title
Company
136158
Please return ALL signed copies to the Executive Director:
2000 Gene Autry Way, Suite#202,Anaheim, CA 92806•(714)940-2750
Page 5 of 5
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2020-004 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 14th day of January, 2020 by the following vote of the members thereof:
AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman,
Moreno, Kring, and O'Neil
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of January, 2020.
CITY CLERK O THE CITY OF ANAHEIM
(SEAL)