B.6.
City Council
STAFF REPORT
Document ID: 2026-475
Category: Agreement/Contract
Department: City Manager's Office
Department Head: Dennis H. Morita, City Manager
Meeting Date: August 19, 2026
SUBJECT:
APPROVAL OF URGENCY RIGHT OF ENTRY IV FOOD BANK AGREEMENT BACKGROUND:
Requesting City Council approval of a short-term, temporary use agreement with the Imperial Valley Food Bank for use of the right-of-entry area located on 9th Street between Eager Park and the City Library for a food distribution event scheduled for August 22nd. The City was notified of the request after the agenda posting deadline.
The agreement would allow for the temporary closure of the one-way portion of 9th Street during the food distribution. The closure is intended to promote pedestrian safety and provide a safer environment for residents and participants during the morning distribution hours.
FISCAL IMPACT:
No Fiscal Impact.
REQUESTED ACTION:
Approve Right of Entry Agreement
CITY MANAGER RECOMMENDATION:
Attachments:
1. IV Food Bank Agreement
**Urgency item added to the agenda during City Council meeting. 01514.0001 2182599.2 1
RIGHT OF ENTRY AGREEMENT
This Right of Entry Agreement (“Right of Entry” or “Agreement”) is made as of , 2026, by the City of Imperial, (“City"), and IV Food Bank, a California Nonprofit Corporation (“Food Bank”).
RECITALS
WHEREAS, City is the owner of real property, located at 200 West 9th Street in the City of Imperial (the “Property"); and
WHEREAS, the Parties wish to enter into this Agreement whereby City will allow Food Bank to enter and utilize the parking area next to Eager Park along 9th street as depicted on the map attached hereto as Exhibit “A”, on a temporary basis, for the purpose of distributing food (“Purpose”).
NOW, THEREFORE, based on the exchange of valuable consideration, the receipt and sufficiency of which is acknowledged, and based on the Recitals set forth above, all of which form a part of this Agreement, City and Food Bank agree as follows:
AGREEMENT
1. Right of Entry. City grants to Food Bank, and its agents, employees and contractors the nonexclusive temporary rights to enter into the Property solely for the Purpose set forth above.
Notwithstanding the foregoing, the City retains the right to continue to access the Property to access its facilities thereon. Food bank shall place their own cones, blockades or other traffic control or barrier devices on the premises. City will not provide any traffic control or other barricades. Food Bank may erect temporary shade structures and or tables but may not utilize and devices producing heat or open flames or prepare any food on the premises. Food Bank may not use any equipment or device that produces excessive noise including but not limited to generators, sound amplification equipment or power tools. Food Bank shall ensure that the Property has been restored back to the same condition as received at the conclusion of this Agreement. Food Bank shall be responsible for the cost of any restoration and/or for all substantiated damage to the extent resulting from Food Bank’s use of the Property. City makes no representations as to the fitness of use or condition of the Property and Food Bank’s agree to the use of the Property in as-is condition.
2. Term. The right granted by this Agreement commence on August 22, 2026, at 6:00AM and shall terminate on August 22, 2026, at 9:30 AM.
3. Consideration. Food Bank agrees to pay the sum of _______ consideration for the right of entry provided herein in advance of the first day of use.
4. Indemnification. Indemnification. To the fullest extent of the law, Food Bank agrees to indemnify, defend, assume all liability for and hold harmless the City and its officers, directors, tenants, employees, contractors, and agents ("lndemnitees"), and representatives from all third-party actions, claims, suits, penalties, obligations, liabilities, damages to property, environmental claims or injuries to persons, which may be caused by or arising out of Food 01514.0001 2182599.2 2
Bank’s (or its agents’, employees’, or contractors’) use of the Property or negligence in activities pursuant to this Right of Entry Agreement. Notwithstanding the above, the Food Bank shall not be liable for any negligence or willful misconduct of City.
5. Insurance. Food Bank agrees to procure and maintain in full force and effect for the full duration of the Term, at its sole cost and expense, the following policies of insurance:
a) Commercial General Liability - Insurance for bodily injury and property damage with limits of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate.
b) Commercial Automobile - Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Coverage shall include coverage for non-owned and hired automobiles.
c) Additional Insured - Where allowed by law or carrier, City shall be named as an additional insured on each policy of insurance prescribed herein, except Workers' Compensation.
d) Workers' Compensation - Insurance in full compliance with laws applicable to the work site and including Employer's Liability with a limit of at least $1,000 ,000 per accident.
e) Notice of Cancellation - Notice of cancellation to be provided in accordance with the policy provisions
6. No Real Property Interest and no Liens. It is expressly understood that this Right of Entry does not in any way whatsoever grant or convey any permanent easement, lease, fee or other interest in the Property to Food Bank. Food Bank’s use of the Property and exercise of its rights hereunder shall not materially interfere with City’s use of the Property or City’s right of access to the Property. Further, Food Bank shall not suffer or permit to be enforced against the Property any mechanic’s, materialmen’s, contractors’, or subcontractors’ liens arising out of the use of the Property by or on behalf of Food Bank or any exercise by Food Bank of its rights hereunder.
7. Authority. City represents and warrants that it has full power and authority to execute and fully perform its obligations under this Agreement pursuant to its governing instruments, without the need for any further action, and that the persons executing this Agreement on behalf of City are the duly designated agents of City and are authorized to do so.
8. Notice. Any notice to a party required or called for in this Agreement shall be served in person, or by deposit in the U.S. Mail, first-class postage prepaid, to the address set forth below.
Notice(s) shall be deemed effective upon receipt, or seventy-two (72) hours after deposit in the U.S. Mail, whichever is earlier. A party may change a notice address only by providing written notice thereof to the other party.
01514.0001 2182599.2 3
For City: City of Imperial
Attn: City Manager’s Office
420 S. Imperial Avenue
Imperial, CA 92251
(760) 355-4373
For Food Bank: IV Food Bank
486 W Aten Road
Imperial, CA 92251
9. Miscellaneous. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
Any modifications or amendments to this Agreement shall be made in writing and executed by the parties hereto. The terms and provisions of this Agreement shall be governed by and construed in accordance with the laws of the State of California. In no event shall City be entitled to seek or obtain injunctive relief with respect to the Food Bank’s audiovisual projects, or any element thereof.
IN WITNESS WHEREOF, the parties have executed this Right of Entry Agreement.
FOOD BANK
By:
Its: :
By:
Its: :
CITY OF IMPERIAL
Ida Obeso-Martinez
Mayor
Exhibit “A”
Right of Way
Public Street