Jackson City Council Agenda
Monday, August 19, 2024 – 1:15 p.m. SPECIAL MEETING
Jackson City Hall, 33 Broadway, Jackson, California 95642
1. APPROVAL OF AGENDA.
Approval of agenda for this date; any and all off-agenda items must be approved by the City Council (pursuant to §54956 of the Government Code.)
2. PUBLIC MATTERS NOT ON THE AGENDA.
Discussion items only, no action will be taken. Any person may address the Council at this time on any subject within the jurisdiction of the City Council. Please note – there is a three (3) minute limit.
3. DISCUSSION CALENDAR.
a. Review and possible approval of agreement with ACRA (Amador County Recreation Agency) for use of the Scout Hut for after school youth programs.
4. SPECIAL MEETING ADJOURNMENT.
UPCOMING MEETINGS:
August 19, 2024 6:30 pm Planning Commission Meeting
August 26, 2024 6:30 pm City Council Meeting
August 28, 2024 1:30 pm Economic Development Committee Meeting Posted: City Hall, 33 Broadway, Jackson
Agenda materials will be available for review (pursuant to §54957.5 Government Code Section) in the City Clerk’s office in City Hall.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, you should contact the Office of the City Clerk at (209) 223-1646 (voice) or (209) 223-3141 (fax).
Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to assure accessibility to this meeting.
Visit our website at http://ci.jackson.ca.us
for copies of previous agendas, minutes, and City budget. 82201.00000\42570663.1
LICENSE AGREEMENT
This License Agreement is made this _____ day of August, 2024 (the "Agreement") by and between the City of Jackson, a California municipal corporation ("Licensor") and the Amador County Recreation Agency, a California joint powers authority ("Licensee").
Recitals
Whereas, the Licensor is owner of certain real property located at ______________ ("Property"), and as further depicted in Exhibit "A" attached hereto and incorporated herein by reference; and,
Whereas, the Licensee wishes to use the building located on the property as depicted in Exhibit “A” and commonly referred to as the “Scout Hut,” for an after school program (“Program”); and,
Whereas, the Licensor has recognized the Program as a valuable service and is supportive of the Program's goals and objectives; and,
Whereas, the Licensor is willing to allow Licensee to use the Scout Hut for the Program as set forth in this License Agreement; and,
NOW, THEREFORE, Licensor and Licensee hereby agree as follows:
Section 1 Grant of License
Licensor hereby grants to Licensee a license to use the Scout Hut and Property for the Program during the term of this agreement to operate the Program Monday through Friday from 1:00 pm until 6:00 pm. Licensee may utilize the Scout Hut for set up and taken down outside of the identified times as permitted by Licensor.
Section 2 Term and Termination
The term of this license shall be from the date of execution until ____________.
Section 3 Compensation
Licensor and Licensee agree that the license amount shall be ________ Dollar ($_____) per month due on the first of each month and late by the fifth of each month. Any late payment shall be subject to a late charge in the amount of ________.
Section 4 Parking
Parking for Licensee may be permitted on public spots on the Property without priority.
Section 5 Pedestrian and Vehicle Access
The license set forth in Section 1 includes pedestrian and vehicle access related to the Program across the Property.
Section 6 Utilities
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Licensee will be responsible for the payment of all utility costs incurred during their occupancy of the Scout Hut. Licensor may elect to pay such utility costs directly and present an invoice to Licensee that will be payable in the same manner as the license fee.
Section 7 Entry by Licensor
Licensor reserves the right to enter the Scout Hut at reasonable times for reasonable purposes. No right reserved by Licensor in this section shall be exercised as to interfere unreasonably with Licensee's operation hereunder.
Section 8 Maintenance of Premises
Licensee agrees to assume full responsibility and costs for the maintenance of the Scout Hut throughout the term of this Licensee Agreement. Licensee will take all necessary action to maintain and preserve the Scout Hut in good order and in a safe, healthy, and sanitary condition satisfactory to Licensor and in compliance with all applicable laws. This includes, but is not limited to, the accumulation of any refuse or waste materials which might constitute a fire hazard or a public or private nuisance.
Section 9 Insurance Requirements
Throughout the term of this Agreement, Licensee shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. Licensee may meet this requirement through equivalent self-insurance.
Section 10 Indemnification
Licensee shall defend, indemnify and save harmless Licensor, its officers, agents, and employees, from and against any and all claims, demands, loss, or liability of any kind or nature which Licensor, its officers, agents, and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with this Agreement or with occupancy and use of the land by Licensee, its officers, agents, employees, patrons, or visitors.
Section 11 Improvements
Licensee shall not construct any additional improvements to the Scout Hut or Property without prior written consent of Licensor.
Section 12 Breach
Should Licensee default in the performance of any covenant, condition, or agreement contained in this Agreement, and such default is not corrected within five (5) days after Licensee receives written notice of default from Licensor, Licensor may terminate this Agreement.
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Section 13 No Assignments
Licensee may not assign its rights under this Agreement to any third party.
Section 14 Notices
All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process:
Section 15 Attorney Fees’
If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which may be entitled.
Section 16 Venue
Venue shall be in Amador County.
Section 17 Entire Agreement
This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof.
Section 18 CASP Disclosure
Licensor discloses that the Scout Hut has not undergone inspection by a Certified Access Specialist as referenced in California Civil Code Section 1938 subsection (e) of which provides: "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable constructionrelated accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or sublessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises." The parties agree that if Licensee desires a CASp inspection, Licensee shall secure a third-party consultant, at its sole cost and expense, to perform a CASp inspection. Licensee shall be responsible to correct, at its sole cost and expense, any items in the CASp report.
Licensee waives the right to obtain a CASp inspection. Initials: _____________ Licensee elects to obtain a CASp inspection. Initials: ______________ Section 19 Condition of License Area at Occupancy
Notwithstanding anything herein to the contrary, Licensee accepts the Scout Hut and Property in “AS-IS” condition “WITH ALL FAULTS” without any representations or 82201.00000\42570663.1
warranties by Licensor, and with no obligation of licensor to make alterations or improvements to the Scout Hut and Property. Licensee acknowledges that neither Licensor nor any agent of Licensor has made any representation or warranty with respect to the suitability of the Scout Hut and Property for the conduct of Licensee’s business. Licensor shall not be liable for any latent or patent defects in the Scout Hut or Property.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
AMADOR COUNTY RECREATION AGENCY, a California joint powers authority By:
"LICENSEE"
CITY OF JACKSON, a California municipal corporation
By:
Carl Simpson, City Manager
"LICENSOR"