HomeMy WebLinkAbout04. CDC YMCA Christmas Tree Lot
AGENDA MEMO
DATE:
August 24, 2010
TO:
Chairman and Members of the Commission
FROM:
Office of the Executive Director
By: Scott K. Pomrehn, Assistant Deputy Executive Director
SUBJECT: AUTHORIZE EXECUTIVE DIRECTOR TO EXECUTE AN AGREEMENT
WITH THE DOWNEY FAMILY YMCA TO LEASE COMMISSION
OWNED PROPERTY FOR A CHRISTMAS TREE LOT
RECOMMENDATION
It is recommended that the Commission authorize the Executive Director to negotiate
and execute an agreement with the Downey Family YMCA (YMCA) for the purpose of
leasing Commission owned property to the YMCA for a Christmas Tree Lot.
BACKGROUND
The YMCA has an annual Christmas Tree Lot in Downey in order to raise funds to
support its youth programs. All of the proceeds are returned to the Downey community.
The YMCA has leased the Commission owned property located at 9066 Firestone
Boulevard for the past seven years.
DISCUSSION
The YMCA has requested to lease the property located at 9066 Firestone Boulevard for
their annual Christmas Tree Lot. The YMCA has stated to Staff that they will need the
vacant lot from November through December 2008. At the conclusion of the sale, the
property will be left in a clean and orderly fashion. The amount received by the
Commission for the lease will be $1,225. The rate falls within the going market rate.
Staff is asking that the Commission authorize the Executive Director to enter into a
lease with the YMCA for the property. As in prior years, the Commission will require the
YMCA to obtain the necessary insurance for their use of the site.
CITY OF DOWNEY, CALIFORNIA
LICENSE AND LIMITED RIGHT-OF-ENTRY PERMIT
The Downey Community Development Commission (“Owner”) hereby grants this permit
(the “Permit”) to the YMCA of Downey, its officers, employees, and agents (hereinafter the
“Licensee”) to enter upon that certain real property located in Downey, California (the
“Property”) owned by Owner, as more specifically described as 9066 Firestone Boulevard,
Downey, California, subject to all other leases, licenses, easements, encumbrances and claims of
title affecting the Property and upon the following terms and conditions:
1. This Permit is for the exclusive use of Licensee and its agents and is not
assignable. This Permit is hereby given solely for the storage and sales of Christmas trees on the
Property. In consideration for the grant of this Permit, Licensee shall pay the sum of One-
thousand two-hundred and twenty-five dollars ($1,225) to the City.
2. This Permit shall become effective at midnight, November 1, 2010 and shall
expire by limitation at midnight, December 31, 2010. Licensee shall return the Property to
Owner in the same condition as received.
3. The duration of this Permit may be extended upon prior mutual written agreement
of the parties hereto.
4. Licensee shall release, defend, indemnify and hold harmless the Owner, its
officers, employees, and agents, from and against all liability, cost and expense (including
without limitation, any fines, penalties, judgments, litigation costs and attorneys’ fees) for loss of
or damage to any property and for injuries to or death of any person (including, but not limited to
the property and employees of each party hereof) when arising out of or resulting from the use of
the Property by Licensee, its agents, employees, contractors or invitees pursuant to this Permit.
Except for Owner’s willful or negligent conduct, Licensee hereby assumes all risk of damage to
property or injury to person in, on or about the Premises from any cause, and Licensee hereby
waives all claims in respect thereof against Owner.
5. Licensee shall obtain and maintain at its expense, during the term of this Permit,
comprehensive general liability insurance with coverage of not less than $2,000,000.00
combined single limit per occurrence for bodily injury, personal injury and property damage.
Licensee shall cause the Downey Community Development Commission and the City of
Downey, its officers, employees, and agents, to be named as an additional insured on said policy
and shall obtain a waiver of the insurer’s right of subrogation against Owner.
Licensee shall provide Owner with written proof of the existence of such insurance prior
to possession of the Property, and the commitment of the insurance carrier to notify Owner in
writing 30 days before the cancellation of such insurance. All insurance coverage required
herein shall apply on a primary non-contributing basis in relation to any insurance or self-
insurance available or applicable to Owner.
1
6. Licensee shall comply, at its sole expense, with all applicable laws, regulations,
rules and orders, regardless of when they become or became effective, including without
limitation, those relating to health, safety, noise, environmental protection, waste disposal, water
and air quality.
7. Any person, firm or corporation authorized to work upon the Property shall be
deemed to be the agent of the Licensee and shall be subject to all applicable terms herein.
8. A waiver by any party of any term or condition of this Permit in any one instance
shall not be deemed nor construed to be a waiver of such term or condition for the future, or of
any subsequent breach thereof, nor shall it be deemed to be a waiver of performance or any other
obligation hereunder.
9. This Permit shall be governed by and construed in accordance with the laws of the
State of California.
10. This Permit contains the entire understanding of the parties hereto relating to the
subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Permit which shall be
effective as provided herein.
“Owner”
Downey Community Development Commission
Date:___________ By:_______________________________
Print Name:________________________
Title:_____________________________
“Licensee”
YMCA OF DOWNEY
Date:___________ By:_______________________________
Print Name:________________________
Title:______________________________
Approved as to Form:
___________________________________
City Attorney
2