CITY COUNCIL REGULAR MEETING AGENDA
OCTOBER 22, 2026
CITY COUNCIL
REGULAR MEETING
AGENDA
OCTOBER 22, 2026 AT 9:00 AM
MAYOR CORY MOSS
MAYOR PRO TEM MICHAEL GREUBEL
COUNCIL MEMBER STEVE MARCUCCI
COUNCIL MEMBER MARK D. RADECKI
COUNCIL MEMBER NEWELL RUGGLES
LOCATION: City Council Chambers, 15651 Mayor Dave Way, City of Industry, California Watch Live Meetings: https://publicinput.com/cityofindustry Or call in or scan
Phone #: (855) 925-2801 Meeting Code: 6943
Addressing the City Council:
Agenda Items: Members of the public may address the City Council on any matter listed on the Agenda. In order to conduct a timely meeting, there will be a one-minute time limit per person for any matter listed on the Agenda. Anyone wishing to speak to the City Council is asked to complete a Speaker’s Card which can be found at the back of the room and at the podium. The completed card should be submitted to the City Clerk prior to the Agenda item being called and prior to the individual being heard by the City Council.
Agenda Items: (In Person Comments) : Members of the public may address the City Council on any matter listed on the Agenda. In order to conduct a timely meeting, there will be a one-minute time limit per person for any matter listed on the Agenda. Anyone wishing to speak to the City Council is asked to complete a Speaker’s Card or register online with the QR Code which both can be found at the back of the room and at the podium. The completed card should be submitted to the City Clerk prior to the Agenda item being called and prior to the individual being heard by the City Council.
Electronic Comments: Visit https://publicinput.com/cityofindustry Click register, the system will prompt you to create a password then locate desired meeting click register for this meeting. Fill in details such as name, email, phone number, preferred attendance method and request to speak. Click submit. You will receive an email confirmation with meeting details, including the date, time, link, and access instructions.
AMERICANS WITH DISABILITIES ACT:
In compliance with the ADA, if you need special assistance to participate in any City meeting (including assisted listening devices), please contact the City Clerk’s Office (626) 333-2211. Notification of at least 48 hours prior to the meeting will assist staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting.
AGENDAS AND OTHER WRITINGS:
In compliance with SB 343, staff reports and other public records permissible for disclosure related to open session agenda items are available at City Hall, 15625 Mayor Dave Way, City of Industry, California, at the office of the City Clerk during regular business hours, Monday through Thursday 8:00 a.m. to 5:00 p.m., Fridays 8:00 a.m. to 4:00 p.m. Any person with a question concerning any agenda item may call the City Clerk’s Office at (626) 333-2211.
CITY COUNCIL REGULAR MEETING AGENDA
OCTOBER 22, 2026
1. Call to Order
2. Flag Salute
3. AB 2449 Vote on Emergency Circumstances (if necessary)
4. Roll Call
5. Presentations
6. CONSENT CALENDAR
6.1. Consideration of the Register of Demands for October 22, 2026 RECOMMENDED ACTION: Approve the Register of Demands and authorize the appropriate personnel to pay the bills.
6.2. Consideration of Amendment No. 3 to the Amended and Restated DesignBuild Agreement with Skybridge Renewables LLC, for the Solar Panels Project at City Hall (CIP-CC-18-019-B)
RECOMMENDED ACTION: Approve the Amendment
6.3. Consideration of a Restricted Grant Agreement under the Fiscal Year 2026- 27 Sustainable Transportation Competitive Planning Grant Program, with the California Department of Transportation
RECOMMENDED ACTION: Approve the Grant Agreement
6.4. Consideration of a License Agreement with Jesus Rodriguez for access to the lot located at 100 North Hacienda Boulevard to utilize for the sale of Christmas Trees
RECOMMENDED ACTION: Approve the License Agreement
6.5. Consideration of Amendment No. 5 to the Agreement for Design-Build Services with Progressive Trail Design, for the Design and Construction of a Mountain Biking Trail at Industry Hills to Initiate Phase 3b RECOMMENDED ACTION: Approve the Amendment.
7. ACTION ITEMS-NONE
8. PUBLIC HEARINGS -NONE
9. CLOSED SESSION
9.1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation; Pursuant to Government Code Section 54956.9(d)(2) 1 potential case
CITY COUNCIL REGULAR MEETING AGENDA
OCTOBER 22, 2026
9.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: Assessor Parcel Numbers: 306-021-01, 306-
021-02, 306-021-13, 306-021-17, 306-021-18, 306-021-19, 308-031-18, 308-031-24, 308-031-32, 8714-026-270, 8714-026-271, 8714-026-272, 8714-026-273, 8714-026-274, 8714-026-275, 8714-027-270, 8714-028-270, 8714-028-271, 8714-029-270
Agency Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Southern California Edison Company Under Negotiation: Price and terms of payments
9.3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Case: City of Industry v. E-Ho One, LLC, et al
Los Angeles County Superior Court Case No. 25STCV03695
10. CITY MANAGER REPORTS
11. AB 1234 REPORTS
12. CITY COUNCIL COMMUNICATIONS
13. PUBLIC COMMENTS
14. Adjournment. The next regular City Council Meeting is Thursday, November 12, 2026, at 9:00 AM.
ITEM NO. 6.1
ITEM NO. 6.2
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Director of Public Works
Sean Calvillo, Director of Operations
DATE: October 22, 2026
SUBJECT: Consideration of Amendment No. 3 to the Amended and Restated DesignBuild Agreement with Skybridge Renewables LLC, for the Solar Panels Project at City Hall (CIP-CC-18-019-B)
Background:
On October 14, 2021, the City Council approved a Design – Build Agreement (“Agreement”) with Skybridge Renewables, Corporation (“Skybridge Corp”) for the solar panels project at City Hall under CITY-1476, in the amount of $1,244,640.00. The scope of work included the designbuild services of engineering and installation of the rooftops solar panels at the City Hall (“CH”), Industry Business Council (“IBC”) and United States Postal Services (“USPS”) buildings and Battery Energy Storage Systems (“BESS”) at CH. Per the direction from the City Council at the December 10, 2020 meeting, the BESS incentive for CH was approved at the time of award of this Agreement and therefore was included in the scope of work, however the incentives for IBC and USPS were not approved but would be if grant funding became available, and were excluded at the time of the award. Since then, Southern California Edison (“SCE”) has approved BESS incentives for IBC and USPS buildings.
Article 26 of the Agreement allowed Skybridge Corp to assign the Agreement to another company as long as the City provided its written consent. On November 9, 2023, the City Council approved the Assignment and Assumptions of Interests from Skybridge Corp to Skybridge Renewables LLC (“Skybridge”).
On December 14, 2023, the City Council approved Amendment No. 1 to revise the scope of services to include the relocation of switchgear inside the existing electrical room to outdoor and outside the building and perform other related work, and increase compensation by $403,728.15.
On February 8, 2024, the City Council approved Amendment No. 2 to revise the scope of work to include the installation of BESS at IBC and USPS in order to be eligible for the incentives and
meet SCE’s deadline of February 8, 2024, to provide proof for authorization for Skybridge to proceed with the BESS installations. Additionally, an increase in compensation of $881,977.00 was approved for this work.
Discussion:
The project is substantially complete. Amendment No. 3 is necessary to revise the scope of work to include unforeseen conditions, due to SCE’s changes to the plans during the project, which involved:
• Concrete removal and re-install concrete with popout around SCE vents • Additional cleaning potholing for SCE vault area
• SCE moved location requiring additional conduit, wire, concrete removal and replace, additional trenching and additional labor
• New pathway to new gear from existing sidewalk
The additional work incurred an increase in costs of $42,540, for a total contract amount of $2,572,886.15. Staff recommends approving Amendment No. 3 to include the additional costs and scope of work for the project.
Fiscal Impact:
The fiscal impact for Amendment No. 3 is $42,540. In the adopted fiscal year 2026-2027 Capital Improvement Program budget, $500,000.00 is approved for this work (Account No. 120-725- 5205) (CIP-CC-18-019-B).
Recommendation:
It is recommended that the City Council approve Amendment No. 3 to the Agreement with Skybridge.
Exhibits:
1. Amendment No. 3 to Amended and Restated Design-Build Agreement with Skybridge Renewables, LLC, dated October 22, 2026
AMENDMENT NO. 3
TO AMENDED AND RESTATED DESIGN- BUILD AGREEMENT WITH SKYBRIDGE
RENEWABLES, LLC
This Amendment No. 2 to the Amended and Restated Design-Build Agreement (“Agreement”), is made and entered into this 22nd day of October 2026 (“Effective Date”), between the City of Industry (“City”), a municipal corporation, and Skybridge Renewables LLC, a California limited liability company (“Consultant”). City and Consultant are hereinafter collectively referred to as the “Parties.”
RECITALS
WHEREAS, on or about October 14, 2021, the City Council approved the Agreement with Skybridge Renewables, Corporation (“Skybridge Corp”) for the solar panels project at City Hall in an amount of $1,244,640.00. The scope of work included the design-build services for engineering and installation of the rooftops solar panels at the City Hall, Industry Business Council (“IBC”) and the United States Postal Services (“USPS”) buildings, and it also included the backup battery storage at City Hall; and
WHEREAS, on or about November 9, 2023, the City Council approved the Assignment and Assumptions of Interests from Skybridge Corporation to Skybridge Renewables LLC, as permitted under Article 26 of the Agreement; and
WHEREAS, on or about December 14, 2023, Amendment No. 1 was approved for additional scope of work involving the relocation of the switchgear inside the electrical room at City Hall to outside the building, along with an increase in the total contract amount of $403,728.15; and
WHEREAS, on or about February 8, 2024, Amendment No. 2 was approved to revise the scope of work to include the installation of BESS at IBC and USPS in order to be eligible for the incentives and meet SCE’s deadline of February 8, 2024, to provide proof for authorization for Skybridge to proceed with the BESS installations. Additionally, an increase in compensation of $881,977.00 was approved for this work.
WHEREAS, the project is substantially complete, however, several unforeseen conditions occurred that involved additional concrete removals and re-paving around electrical vents and trenching and potholing for the new vent location and pathway. It is therefore necessary to increase the contract amount by $42,540, for a total contract amount of $2,572,886.15. A detailed breakdown is included in Attachment 2. Additionally, the Parties desire to amend the Agreement to include the updated and proposed system scope and price, included in Attachment 1; and WHEREAS, for the reasons set forth herein, City and Consultant desire to enter into this Amendment No. 3, as set forth below.
AMENDMENT
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, it is agreed the aforesaid Agreement, a copy of which is attached hereto as Exhibit A, and incorporated herein by reference, shall remain in full force and effect except as otherwise hereinafter provided:
ARTICLE 4 – CONTRACT SUM
Phase 3 is hereby revised to read in its entirety as follows:
Phase 3 - Two Million, Five Hundred Seventy-Two Thousand, Eight Hundred Eighty-Six Dollars and Fifteen Cents ($2,572,886.15).
Attachment 1 – The Preliminary Schedule and the Design Builder’s Proposal Updates are revised to include the Updated and Proposed System Scope and Price, as set forth in Attachment 1, attached hereto and incorporated herein by reference.
Attachment 2 – Solar and BESS Project Cost Update
Attachment 2 is included to provide a breakdown of the total contract costs.
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 3 to the Agreement as of the Effective Date.
“CITY” “CONSULTANT”
City of Industry Skybridge Renewables, LLC.
By: ________________________________ By: _______________________________ Cory C. Moss, Mayor Paul Carey, Principal Owner/CEO
Attest:
By: ____________________________________
Julie Gutierrez-Robles, City Clerk
APPROVED AS TO FORM
By:_____________________________________
James M. Casso, City Attorney
ATTACHMENT 1
1. Design Builder’s Updated and Proposed System Scope and Price [Attached]
UPDATED AND PROPOSED SYSTEM
SCOPE & PRICE
Skybridge stands ready to provide and perform the following goods and services for the City of Industry in relation to completion of the proposed solar and energy storage installations at City of Industry City facilities and project specifics below:
UPDATED/PROPOSEDSCOPE
CITY HALL CHANGE ORDER: 15625 MAYOR DAVE WAY
$4,800.00 Concrete removal and re-install concrete with popout around SCE vents $4,870.00 Additional cleaning potholing for SCE vault area. $1,440.00 3 guys 4 hours working with City on gas leaks $22,400.00 SCE moved location requiring additional conduit, wire, concrete removal and replace, additional trenching and additional labor
$6,000.00 Renewal needed due to SCE delays in vault move $2,400.00 New pathway to new gear from existing sidewalk IBC LOCATION: 15651 MAYOR DAVE WAY
$630.00 Unforeseen condition for wall in cabinet that we were not aware of. Materials $30. Interior walls between cabinets
Skybridge hereby acknowledges all plan sets are stamped and ready for permitting and further acknowledges that this is a Prevailing Wage project. All specifications herein comply with these requirements.
REVISED TOTAL COST : $2,5 7 2 , 8 8 6 . 15
ATTACHMENT 2
Solar and BESS Project Cost Update
[Attached]
CITY OF INDUSTRY SOLAR AND BESS PROJECT UPDATE
ORIGINAL SOLAR AND BESS PRICING
SOLAR SIZE SOLAR COST BATTERY SIZE BATTERY COST TOTAL PROJECT TOTAL INCENTIVES COST AFTER INCENTIVES CITY HALL 185.57 $ 519,596.00 251 $ 296,000 $ 815,596.00 $ 202,000 IBC 80.85 $ 226,380.00 $ 226,380.00
POST OFFICE 72.38 $ 202,664.00 $ 202,664.00
338.8 $ 948,640.00 251 $ 296,000 $ 1,244,640.00 $ 202,000 $ 1,042,640
UPDATED SOLAR AND BESS PRICING
SOLAR SIZE SOLAR COST BATTERY SIZE BATTERY COST TOTAL PROJECT TOTAL INCENTIVES COST AFTER INCENTIVES CITY HALL 129.5 $ 387,668.41 267 $ 471,818.28 $ 859,486.69 IBC 216 $ 219,839.68 100 $ 204,656.88 $ 424,496.56
POST OFFICE
GEAR ADDITION
58.3 $ 651,326.23 108 $ 191,308.08 $ 842,634.31
403.8 $1,258,834.32 475 $ 867,783.24 2,126,617.56 1,380,838 $ 745,779.56
TOTAL PROJECT UPDATE WITH CHANGE ORDERS
ORIGINAL CONTRACT $ 1,244,640
CHANGE ORDER 1 ADDSWITCHGEAR $ 403,728.15
CHANGE ORDER 2 ADDITIONS/ ALTERATIONS $ 881,978
CHANGE ORDER 3 ADDITIONS / ALTERATIONS $
TOTAL PROJECT COST $
42,540
2,572,886.15
ORIGINAL CONTRACT APPROX ANNUAL SAVINGS
NEW CONTRACT APPROX ANNUAL SAVINGS
INCREASE IN ANNUAL SAVINGS
INCREASE IN SAVINGS
DECREASE IN PROJECT COST
ORIGINAL APPROX PAYBACK PERIOD
NEW APPROX PAYBACK PERIOD
87,183
135,800
48,617
56%
39.81%
12 PROJECT SAVINGS AND PAYBACK
BATTERY
SOLAR
INFRASTRUCTURE
LOW INCOME COMM ADD
OLD NEW
ITC
$ 260,335
$ 377,650
$ 121,118
$ 212,662
$ 1,012,138
INCENTIVES
TOTAL BATTERY
SGIP
202,000 $ 368,700
TOTAL INCENTIVES 202,000 1,380,838
EXHIBIT A TO AMENDMENT NO. 3:
AMENDED AND RESTATED DESIGN- BUILD AGREEMENT
DATED OCTOBER 14, 2021
[Attached]
ITEM NO. 6.3
Backup Material will be distributed prior to Meeting
ITEM NO. 6.4
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Sam Pedroza, Asst. City Manager
Yvette Padilla, Management Analyst II
DATE: October 22, 2026
SUBJECT: Consideration of a License Agreement with Jesus Rodriguez for access to the lot located at 100 North Hacienda Boulevard to utilize for the sale of Christmas Trees
Background:
Jesus Rodriguez requested permission from the City to utilize the vacant lot located at 100 N.
Hacienda Boulevard to be used for the sale of Christmas trees from November 23, 2026 through December 24, 2026. Mr. Rodriguez has been selling Christmas trees in the community for many years. Approving this request would provide the community with a convenient local option to purchase Christmas trees during the holiday season.
Discussion:
The move-in date will be November 1, 2026, to prepare the area for the sale of Christmas trees, with move-out scheduled for December 31, 2026. In exchange for use of the property, Mr.
Rodriguez is required to donate $2,000.00 to the Industry Sheriff’s Youth Athletics League (“YAL”), which will further benefit the community City staff is requesting that the City Council approve the License Agreement with Jesus Rodriguez for the sale of Christmas trees.
Fiscal Impact:
A donation of $2,000.00 will be given to the YAL for their youth programs in the community.
Recommendation:
Staff recommends that the City Council approve the License Agreement.
Exhibits:
1. COI License Agreement Christmas Tree Lot 2026
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LICENSE AGREEMENT
THIS LICENSE AGREEMENT (“Agreement”), dated November 1, 2026, (“Effective Date”) is entered into by and between the City of Industry, a municipal corporation (“Licensor/City”), and Jesus Rodriguez, an individual (“Licensee”) Licensor and Licensee are individually referred to as “Party” and collectively referred to as the “Parties”.
RECITALS
WHEREAS, the City is the owner of certain property located at 100 N. Hacienda Boulevard, generally located at the southeast corner of Mayor Dave Way and Hacienda Boulevard, and Licensee desires to enter the portion of the property generally described as a parking lot, as set forth in Exhibit A, attached hereto and incorporated herein by reference (“Premises”).
WHEREAS, Licensee desires to utilize the Premises for the sale of Christmas trees; and WHEREAS, Licensee acknowledges that Licensee is entering onto the Premises at its sole risk and expense, and Licensor does not have any liability to Licensee under this Agreement.
NOW, THEREFORE, for valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows:
TERMS
1. License to Enter the Premises. Licensor hereby grants to Licensee a non-exclusive license (the “License”) granting permission to enter upon the Premises as of the Effective Date of this Agreement, and to use a portion of the Premises, as depicted in Exhibit A for the sale of Christmas trees and related items, and customer parking (collectively, “Permitted Use”); provided, that Licensee’s use of the Premises shall not interfere with the operation of business activities, if any, then being conducted on the Premises, and provided Licensee provides written notice to the Licensor at least five (5) days prior to Licensee first entering upon the Premises (said written notice shall state the purpose for the entry upon the Premises, and said entry shall not exceed the stated purpose). Prior to any initial entry pursuant to the License, Licensee shall, provide to Licensor proof of insurance as set forth in Section 7 of this Agreement. Licensee shall not permit any other party, except the duly-authorized representatives, agents, employees and contractors (collectively “Representatives”) of Licensee to enter or use the Premises during the term of this License, without Licensor’s prior written consent, and in all events the sole reason for entry and use of the Premises shall be for the performance of Licensee’s Permitted Use.
2. Payment. Licensee shall make a donation of Two Thousand dollars ($2,000.00) to Industry Sheriff’s Youth Athletics League (YAL) (“License Payment”), for the use of the Premises.
3. Permitted Use. The Permitted Use is hereby defined to include the sale of Christmas trees and related items, and parking for patrons from November 23, 2026, through December 24, 2026. Further, Licensee shall ensure that upon close of business each day, all merchandise is locked and secured on the Premises, that all bollards are locked, and that there is sufficient lighting on the premises to deter theft, and other criminal activities. Prior to any initial entry on the Premises, Licensee shall provide a site plan to the Licensor, which shall detail the configuration of the sales lot on the Premises, and which shall provide sufficient ingress and egress for public safety vehicles.
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Licensee shall obtain any and all approvals required by the Los Angeles County Fire Department prior to initial entry on the Premises. Licensee shall exercise due care in the performance of the Permitted Use and such use shall be exercised in a manner which complies with all applicable laws.
4. Maintenance of Premises. Upon termination of the License, Licensee shall repair any damage done to the Premises by Licensee or its duly authorized Representatives, including environmental contamination, and shall restore the Premises to its condition as of the Effective Date of this Agreement.
5. Government Regulations and Other Obligations of Licensee. As a condition precedent to commencement of the Permitted Use, if required, Licensee shall obtain at its sole cost and expense all governmental permits and authorizations of whatever nature required, if any (“Permits”) by any and all governmental authorities having jurisdiction over the Premises for Licensee’s exercise of the Permitted Use. Licensor shall use commercially reasonable efforts to cooperate with Licensee and to support any and all applications or request for said Permits submitted by Licensee or on Licensee’s behalf. Licensee shall, in all activities undertaken pursuant to this Agreement, comply and cause its Representatives to comply with all federal, state and local laws, statutes, orders, ordinances, rules, regulations, plans, policies and decrees.
6. Liens.
6.1 Licensee shall not cause or permit to be filed, recorded or enforced against the Premises, or any part thereof, any mechanics’, material men’s, contractors’ or subcontractors’ liens arising from the Permitted Use or any claim or action affecting the title to the Premises arising from the Permitted Use, and Licensee shall pay or cause to be paid, or otherwise removed or bonded over, the full amount of all such liens or claim within fifteen (15) days of receiving written notice thereof. In addition to and not in limitation of Licensor’s other rights and remedies under this Agreement or under law, should Licensee fail within fifteen (15) business days of a written notice from Licensor to pay and discharge or bond over any lien arising out of Licensee’s use of the Premises, then a material breach under this Agreement shall be deemed to have occurred which, at Licensor’s election, shall entitle Licensor to terminate this License effective upon notice by Licensor to Licensee so stating.
6.2 If Licensee desires to contest in good faith the validity of any lien or any claim or demand that could result in a lien against the Premises or any portion thereof for which Licensor could become liable if not successfully resolved, as a condition to such contest, Licensee shall notify Licensor of Licensee’s intent to contest the lien or claim and the grounds for such contest. Notwithstanding anything to the contrary set forth herein, Licensee shall pay and satisfy any adverse judgment that may be rendered thereon before the enforcement thereof against Licensor or the Premises.
7. Insurance. Prior to entering the Premises and until the termination of this Agreement, Licensee shall maintain at its sole expense insurance limits as stipulated in this section.
7.1 Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:
(a) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed
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operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 in the aggregate. (b) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Licensee has no owned autos, Code 8 (hired) and 9 (nonowned), with limits no less than $1,000,000 per accident for bodily injury and property damage. (c) Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
7.2 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(a) Additional Insured Status. The Licensor and City Representatives, (as defined in Section 8, below) are to be additional insureds on the CGL policy with respect to liability arising out of Licensee’s use of the Premises. General liability coverage can be provided in the form of an endorsement to the Licensee’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used). (b) Primary Coverage. For any claims related to this Agreement, the Licensee’s insurance coverage shall be primary insurance as respects the Licensor/City Representatives. Any insurance or self-insurance maintained by the Licensor/City Representatives, shall be excess of the Licensee’s insurance and shall not contribute with it. (c) Contractors and Subcontractors. Licensee shall require and verify that all contractors and subcontractors maintain insurance meeting all the requirements stated herein, and Licensee shall ensure that Licensor/City Representatives are additional insureds on insurance required from contractors/subcontractors. For CGL coverage contractors and subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13. (d) Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (e) Waiver of Subrogation. Licensee hereby grants to City a waiver of any right to subrogation which any insurer of said Licensee may acquire against the City by virtue of the payment of any loss under such insurance. Licensee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation provided such endorsement is available on commercially reasonable terms, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (f) Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City. The City may require the Licensee to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
(g) Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
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(h) Deductibles. All such insurance shall have deductibility limits of not greater than $50,000.00 unless otherwise approved by the City. (i) Verification of Coverage. Licensee shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language providing the insurance coverage required above. All certificates and endorsements are to be received and approved by the City before exercise of the Permitted use commences. However, failure to obtain the required documents prior to the exercise of the Permitted Use shall not waive the Licensee’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies, including endorsements, required by these specifications, at any time. (j) Occurrence Basis Coverage. All policies shall be written on an occurrence basis unless otherwise approved by the City.
8. Indemnification. From and after the execution of this Agreement, Licensee hereby agrees to indemnify, defend, protect and hold harmless, with counsel of the Licensor’s choosing, the City and any and all predecessors, successors, assigns, agents, officials, employees, members, independent contractors, affiliates, principals, officers, directors, attorneys, accountants, representatives, staff, and council members of the City collectively, the “City Representatives”, and each of them, from and against all claims, including any claims from any third party beneficiary to this Agreement, causes of action, liabilities, losses, damages, injuries, expenses, charges, penalties, or costs, of whatsoever character, nature and kind, (including attorney’s fees and costs incurred by the indemnified Party with respect to legal counsel of its choice), whether to property or to person(s), and whether by direct or derivative action, known or unknown, suspected or unsuspected, latent or patent, existing or contingent (collectively “Losses and Liabilities”), related directly or indirectly to, or arising out of or in any way connected with any of the activities of Licensee, its agents, employees, licensees, lessees, representatives, invitees, contractors, subcontractors or independent contractors on the Premises. This indemnification requires Licensee to indemnify the City and any and all City Representatives from and against all Losses and Liabilities, including attorneys’ fees, arising out of the use or release of any Hazardous Substances on the Premises by Licensee. Licensee’s obligation to defend shall arise regardless of any claim or assertion that the City caused or contributed to the Losses and/or Liabilities, provided, however, that Licensee’s liability under this Section 8 will be limited to the extent of any contributory negligence of Licensor.
9. Term, Termination and Remedies. The License shall commence as of the Effective Date of this Agreement and shall automatically terminate January 1, 2027. Notwithstanding the foregoing, at any time, for any reason, the Licensor may, at its sole and absolute discretion, terminate this Agreement without cause, upon 30 days’ written notice to Licensee. Further, in the event Licensor sells, leases, or transfers the Premises during the term of this Agreement, this Agreement shall terminate upon seven (7) days written notice to Licensee. In addition, if Licensee shall be in breach of any of its obligations under this Agreement and shall fail to cure such breach within ten (10) business days of written notice from Licensor specifying the nature of any such breach, Licensor shall have the right to terminate this Agreement upon written notice to Licensee. Licensee acknowledges that this License is solely a license, and that Licensee has no rights as an owner, purchaser or tenant by virtue thereof. Upon termination of the Agreement, Licensee shall promptly vacate the Premises and comply with the provisions of Section 4 above. No termination or expiration of this License shall relieve Licensee of its obligations hereunder.
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10. Inspection and Access to Premises. Licensor and any of its duly authorized representatives, employees, agents or independent contractors shall be entitled to enter the Premises, to show the Premises to potential purchasers, to inspect the Premises, to inspect Licensee’s use of the Premises, and for any other purpose, at any time
11. Assignability. This License cannot be assigned by Licensee whether voluntarily or by operation of law, and Licensee shall not permit any use of the Premises, or any part thereof during the Term of this License in violation of the provisions of this License, except with the consent of Licensor (which shall not be unreasonably withheld, conditioned or delayed), and any attempt to do so shall be null and void.
12. Cost of Enforcement. In the event it is necessary for either Party to employ an attorney or other person or commence an action to enforce or interpret any of the provisions of this License or for Licensor to remove Licensee from the Premises, the non-prevailing party agrees to pay to the prevailing party, in addition to such other relief as may be awarded by the court, City or other authority before which such suit or proceeding is commenced, all reasonable costs of enforcement in connection therewith including, but not limited to, reasonable attorneys’ fees, expenses and costs of investigation.
13. Notices. All notices, consents, approvals, requests, demands and other communications provided for herein shall be in writing and shall be deemed to have been duly given upon the earlier of when personally delivered or served or twenty-four (24) hours after being deposited with FedEx or any other established overnight courier service to the intended party addressed as follows:
Licensor: Joshua Nelson
City Manager
15625 Mayor Dave Way
City of Industry, CA 91744
Tel: (626) 333-2211
[email protected]
With a Copy to: James M. Casso, City Attorney
Casso & Sparks, LLP
13300 Crossroads Parkway North, Suite 410
City of Industry, CA 91746
Tel: (626) 269-2980
[email protected]
Licensee: Jesus Rodriguez
INFORMATION ON FILE AT CITY HALL
14. Miscellaneous. This Agreement constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof, and all prior and contemporaneous agreements, representations and understandings of the Parties hereto, oral or written, are hereby superseded and merged herein. No supplement, modification or amendment of this Agreement shall be binding unless in writing and executed by the Parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions, whether or not similar, nor shall any waiver be a continuing waiver. No waiver shall be binding unless executed in writing by the Party making the waiver. The indemnifications under this Agreement, the obligations
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of Licensee hereunder to remove liens and Licensee’s obligations hereunder with respect to vacating and repairing the Premises shall survive the expiration or termination of the License Term. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of California. Any action brought concerning this Agreement shall be brought in the appropriate court for the County of Los Angeles, California. Each Party hereby irrevocably consents to the jurisdiction of said court. Licensee hereby expressly waives all provisions of law providing for a change of venue due to the fact that the City may be a party to such action, including, without limitation, the provisions of California Code of Civil Procedure Section 394.
Licensee further waives and releases any right it may have to have any action concerning this Agreement transferred to Federal District Court due to any diversity of citizenship that may exist between City and Licensee. The headings of this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions hereof. This Agreement may be executed in any number of counterparts, each of which shall be an original, and all of which shall constitute one and the same instrument. Neither this instrument nor a short form memorandum or assignment hereof shall be filed or recorded in any public office without Licensor’s or Licensee’s prior written consent.
15. Authority. Each person executing this Agreement hereby represents and warrants (i) their authority to do so, and (ii) that such authority has been duly and validly conferred. (SIGNATURES ON FOLLOWING PAGE)
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date.
“LICENSOR”
CITY OF INDUSTRY
By:
Joshua Nelson, City Manager
“LICENSEE”
By:
Jesus Rodriguez, an individual
ATTEST:
Julie Gutierrez-Robles, City Clerk
APPROVED AS TO FORM:
James M. Casso, City Attorney
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EXHIBIT A
Legal Description
Assessors Parcel Number (APN) 8208-02-5948 located at the southeast corner of Mayor Dave Way and Hacienda Boulevard, City of Industry, CA 91744. The area identified as “Project Site” in the map below identifies the area of the Premises, where the Permitted Use shall occur.
Project Site
ITEM NO. 6.5
Backup Material will be distributed prior to Meeting