Contract No. 11351 (CCS)
LICENSE AGREEMENT
This License Agreement is made and entered into as of _______________ (“Execution Date”), by and between the CITY OF SANTA MONICA, a California municipal corporation (“City”) as Licensor; the San Francisco AIDS Foundation, a California-based non-profit organization (“Licensee”). The undersigned parties may be individually referenced herein as a “Party” and collectively referenced herein as the “Parties.”
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. Licensee is a California-based non-profit organization overseeing the logistics and fundraising for the AIDS/LifeCycle 2023, which is a 7-day cycling event from Northern California to Southern California.
C. The City’s Community Event Site Guidelines ordinarily restrict events on the Santa Monica Beach during the Summer which can be processed through the City’s Community Events Permit process.
D. On July 12, 2022, Licensee provided the City with a proposal to the City regarding a 2023 AIDS/LifeCycle 2023 Finish Line event (the “Proposal”) that would take place in the City. The Proposal outlined an estimated timeline of June 9 and 10, 2023 for set up, event, and clean up.
E. On January 10, 2023, the Santa Monica City Council authorized the City Manager to accept the Proposal and negotiate and execute a license agreement with Licensee for use of a portion of 4 South Beach Parking Lot, and adjacent area.
F. City and Licensee seek to enter into this License Agreement for Licensee to use the licensed area described below to present the AIDS/LifeCycle 2023 Finish Line event (the “Event”) in the City in a manner consistent with the typical community event permit requirements and the terms and conditions below.
NOW, THEREFORE, in consideration of the foregoing recitals, and the mutual covenants and agreements contained herein, City hereby grants to Licensee a license (“License”) to enter upon and occupy the real property described below upon the following terms and conditions:
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 1/12/2023
2 1. LICENSE AREA
1.1 Definition of License Area
During the License Term (as defined in Section 2.1), Licensee shall be entitled to enter upon and occupy the following premises (collectively, the “License Area”):
The License Area shall consist of: (1) the area specifically marked and identified as 4 South Parking Lot attached as Exhibit A It is expressly understood that (other than parking spots in the License Area), the License Area does not include any of the parking spaces located at Santa Monica beach, including the 1550 Lot and Lot 1 South, the bike path, the pedestrian path referred to as Ocean Front Walk, or any other portion of the City owned or operated property that is not specifically marked as Exhibit A. By separate agreement with the City, the Licensee may reserve parking at Lot 4 South and Lot 3 North.
1.2 License Area Provided “AS IS”
City shall deliver the License Area to Licensee “AS IS” and makes no representations or warranties, express or implied, as to the suitability of the License Area for Licensee’s intended use and occupancy.
1.3. Limited License.
It is expressly understood and agreed by and between the Parties that this License Agreement constitutes a limited license only, and shall not be construed as granting to Licensee any right of exclusive possession, title or interest whatsoever in and to the License Area, provided that City will not grant a license to any other party for use of the License Area.
2. LICENSE TERM
2.1 License Term
Subject to Sections 2.2, and 2.3, the term of this License shall commence as of the Execution Date and shall terminate at 11:59 PM on June 10, 2023 (“License Term”), unless terminated by the Parties earlier pursuant hereto.
2.2 2023 Occupation Period of the License Area
During the License Term, Licensee may only use and occupy the License Area from June 9, 2023 at 12:00 p.m. until June 10, 2023 at 11:59 p.m. (“Occupation Period”) in accordance with the following:.
A. Event Set Up Period. The set up period for the Event shall commence on June 9, 2023 at 7:00 am and shall continue through and including 10:00 am June 10, 2023 DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 3 (“Event Set Up Period”)
B. Event Period. Licensee may use the License Area for holding the Event on June 10, 2023 ("Event Period").
C. Period for Move-Out and Restoration. The period for move out and restoration of the License Area shall take place on June 10, 2023 from 3:00 pm and 11:59 pm (“Restoration Period”).
3. USE OF LICENSE AREA
3.1 Permitted Use
The License Area may be used and occupied by Licensee during the Occupation Period solely for the permitted uses of parking and staging area for the Event and as provided in Exhibit A.
3.2 Regulatory Approvals and Compliance with Community Event Permit Requirements
Prior to the commencement of the License Term, Licensee shall be responsible, at Licensee's sole expense, for procuring, providing, and maintaining in full force and effect, all applicable regulatory approvals. This may include, without limitation, permits required by the City of Santa Monica Fire Department, the City Building and Safety Department, the California Coastal Commission, and others. In addition, Licensee agrees to comply with the requirements of the City’s Community Event Permit Process as set forth in Santa Monica Municipal Code Chapter 4.68, and any associated administrative regulations and guidelines. In the event of any inconsistency or conflict between this License Agreement, the City’s Community Event requirements in Chapter 4.68 of the Santa Monica Municipal Code, and any associated administrative regulations and guidelines promulgated thereunder, the order of precedence shall be resolved in favor of the terms of the License Agreement, followed by the City’s Community Event requirements in Chapter 4.68 of the Santa Monica Municipal Code, and lastly any associated administrative regulations and guidelines.
3.3 Repair and Restoration of the License Area.
Licensee shall repair and restore the License Area subject to the following:
A. Condition of License Area Upon Return to City. Licensee shall be obligated to clean, repair, restore, and return the License Area in the same condition in which it was prior to commencement of the License Term, and in a manner reasonably satisfactory to the City, except for normal wear and tear and/or changes in the condition of the License Area caused by weather conditions or other acts of God (“Original Condition”). This includes, but is not limited to, restoring the License Area to Original Condition prior to this License Agreement. Any equipment rented from SMPC or the City’s Parking Operators must be left in functioning, clean, orderly and sanitary condition. Licensee shall obtain a list of approved vendors, requirements, and standard equipment for repairing the License Area from the City of Santa Monica’s Transportation Department or City designee. All completed repairs must be approved by the DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 4 City’s Economic Development Department before the Security Deposit in Section 4.3 can be refunded to Licensee.
B. Removal of Personal Property. Before the expiration of the License Term, Licensee shall remove all of Licensee's personal property and effects of whatever nature, at Licensee's sole expense from the License Area. If Licensee fails to remove all of Licensee's personal property from the License Area upon expiration of the License Term, the City may: (a) treat the personal property and effects as abandoned, in which case the personal property and effects shall become the property of the City; (b) remove the personal property and effects in any manner whatsoever and store the same without liability to Licensee for loss or damage thereof, all at Licensee's expense, (including but not by way of limitation any and all expenses of removal, court costs, actual attorney's fees and storage costs); or (c) following notice to Licensee, sell the personal property and effects at public or private sale, with legal process, for such prices as the City may obtain, and apply the proceeds of such sale against any amounts then due or later become due under this Agreement, including but not limited to expenses of removal or sale of the personal property and effects, court costs, actual attorney's fees and storage costs.
3.4 Parking and Traffic Management Plan
Licensee must submit a Parking and Traffic Management Plan prior to the commencement of the License Term for the City’s review and approval. The Parking and Traffic Management Plan shall include the requirements set forth in this Agreement. A parking and traffic control plan (to consider event footprint, daily staff/crew size, peak guest attendance and other access and delivery requirements) shall be prepared in consultation with City and submitted to City for written approval by February 1, 2023 (or other mutually agreed upon date).
3.5 Security Plan.
Licensee shall submit a Security Plan for City’s approval. Licensee shall provide all security for the Event in accordance with the approved Security Plan. Licensee’s security personnel are prohibited from carrying weapons on the Santa Monica Pier or the Santa Monica Beach. At all times, Licensee must maintain access to City of Santa Monica fire equipment and required fire exits inside the License Area. The Security Plan shall encompass all aspects of the Event (both interior and exterior areas) including ingress and egress to the License Area by any guests or invitees from any parking facilities located on or about the License Area. Licensee shall be responsible for preparing the Security Plan in consultation with the Santa Monica Police Department. Licensee shall obtain City’s prior written approval of the Security Plan at least thirty (30) calendar days prior to the Event (or other mutually agreed upon date). Licensee shall be responsible for all costs associated with preparing and implementing the approved Security Plan. Only bona fide security companies, which have been approved by City may be used to provide security services at the License Area. Licensee shall indemnify, defend and hold harmless the City from and against any and all claims and losses whatsoever, including attorney's fees, accruing or resulting to any person, entity, firm or corporation for any claim, expense, loss, damage, injury or death to the extent arising out of the negligence or intentional misconduct of Licensee's security in connection with the Event.
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 5 3.6 Authorized Representative
Licensee agrees to provide authorized representatives to act on behalf of the Licensee and to require compliance with all terms, covenants and condition of this License Agreement and all applicable regulatory permits. The List of Authorized Representatives is attached as Exhibit G and contains the list of names, address and cell-phone numbers of Licensee’s authorized representatives.
Such authorized representative shall be available by cell-phone, and Licensee shall use best efforts to make such cell-phone number available to the guests, neighbors, adjacent businesses, members of the public, and the City.
3.7 Advertising
A. The Licensee is permitted to use the name “the City of Santa Monica,” and the “Santa Monica Beach” only for reference purposes when referring to the location of the Event in any and all communications and advertising or promotional materials or publications (collectively, the “Advertising”), with the prior approval of the City, which shall not be unreasonably withheld. Licensee may, from time to time, submit to the City for preapproval, a representative group of such Advertising. The City shall approve or disprove such Advertising within ten (10) days of receipt. Once approved, such Advertising may thereafter be used by Licensee without the need for further approval. Licensee shall not be permitted to use the City’s name, images, or marks for any other purpose or use. Unless required by Law, City shall not use the name, trademarks or any other intellectual property of Licensee in any advertising, promotional materials or for any other reason, without Licensee’s prior written consent, which consent may be withheld at Licensee’s sole discretion.
B. Subject to compliance with the City’s signage regulations, Licensee shall be entitled to erect, at its own cost and expense, signs and banners on the License Area subject to the prior approval of the City. Licensee shall bear the cost of the installation, repair, maintenance, and removal of any such sign and banner.
3.8 Conduct of Business.
Licensee agrees to conduct Licensee's business in an orderly and lawful manner and to abide by all rules and regulations issued by the City. Without limiting the foregoing, Licensee agrees: (a) to obtain City's approval of the announcement date of the Event and the form of such announcement (it is hereby acknowledged that the City approved Licensee’s announcement of the Event prior to the Execution Date); (b) to provide City with copies of and obtain City’s approval of promotion, sponsorship, or joint venture agreement by and between Licensee and any agent, promoter, or any other person or entity with a business relationship with Licensee with respect to the Event; (c) to follow any and all rules, regulations or directions of City pertaining to the Event and (d) to provide directions to the License Area, including map and text, to Licensee’s guests and crew.
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 6 3.9 Restrictions on Use.
A. No Smoking. Smoking is prohibited on or around the License Area. Licensee shall assume the responsibility for enforcing this restriction.
B. No Structures, Drilling or SFX. Licensee may not erect or maintain on the License Area any additional buildings, enclosures, structures, facilities, or tents, except with the City’s prior written consent and subject to any required building permits.
C. No Balloons. Due to the Event’s proximity to the ocean and the potential hazards that balloons present to sea life, balloons are not permitted at the Event.
D. Zero Waste. Compliance with the City’s Zero Waste Plan is required for all events and promotions. Arrangements for a Zero Waste Plan are to be made directly with the City’s Resource Recovery and Recycling Division with proof of plan submitted to City no less than thirty (30) days prior to event or promotion date (or other mutually agreed upon date).
E. No Lien. Licensee shall not create or permit to be created any lien, encumbrance or charge against the License Area and shall, at its own cost and expense, make best efforts to cancel the same within ten (10) days after receipt of a notice of the filing of any lien against the License Area arising out of the use of the License Area by Licensee.
F. Promotion. No promotion, scheme, or device involving the award of any prize, gift, or privilege related to the Event, determined as the result of any contest, promotion, or by chance, and incorporating City Marks, shall be undertaken by Licensee without the express written consent of the City.
G. Broadcasting, Recording, Taping, Filming. No event or performance presented at the License Area shall be broadcast, televised or in any manner recorded for reproduction (collectively, “Recordings”) without the City’s express written consent. As applicable, Licensee agrees to pay City’s broadcasting, recording, televising, filming or taping fees.
A License Area credit also is required, if appropriate. Any such Recordings are proprietary to Licensee, and Licensee shall have the exclusive, worldwide and perpetual right to exhibit, license and/or sublicense to third parties the right to exhibit all or any part of the Recordings in any program in any and all media now existing or hereafter developed. Licensee agrees to comply with the permit procedures and fees outlined in Exhibit D, to the extent applicable.
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 7 4. LICENSE FEE
4.1 Amount of License Fee
The Licensee shall pay, and City agrees to accept, a License Fee for the License Area consisting of $19,200 including all applicable taxes for use of the License Area; and (ii) the Other Costs in accordance with Section 4.2.
The full amount of the License Fee shall be payable on or prior to June 9, 2023.
4.2 Other Costs.
“Other Costs” shall mean and refer to but not limited to the following costs:
4.2.1 The costs related to the Parking and Traffic Management plan and Security Plan including private security staffing, barricade rental, interior parking lot directional signage. Such costs shall be paid directly to the third parties involved. An estimate of such costs is attached hereto in Exhibit D.
4.2.2 As set forth in Exhibit D, the costs approved by Licensee and charged by the City for the services rendered, at the Licensee’s request, by the following departments of City: Police Department, Fire Department, Public Works, Transportation Department, Community Development Department, and all other applicable departments of the City as set forth in Exhibit D and incorporated herein by reference for all services performed by City staff for the Licensee, including, but not limited to, water and sewer hookups, beach and Pier Deck and parking lot staffing and cleaning, electrical hook-ups, refuse dumpster rentals, refuse pick-up, plan review, traffic management plan and business license.
4.2.3 Licensee shall provide, at its own expense, bike valet parking which will be operated in accordance with the approved schedule detailed in the Parking and Traffic Management Plan. The costs related to the bike valet parking shall be paid directly by Licensee to the third parties involved.
4.3 Security Deposit
Upon the execution of this License Agreement, Licensee shall furnish City with a security deposit in the amount of Ten Thousand Dollars ($10,000). In the event that Licensee fails to perform any of its obligations pursuant to this License Agreement after City having notified Licensee in writing of this breach and after Licensee having failed to cure such breach in the Cure Period (as defined in Section 15.2), the security deposit may be used by City for the following: (i) to cover reasonable costs for the restoration of the License Area in accordance with the provisions of the License Agreement, to the extent such restoration was necessitated by Licensee’s breach; (ii) for payment of additional utility services and charges to the extent incurred as a result of Licensee’s breach; and (iii) to cover reasonable costs incurred by City to the extent arising directly from a breach by Licensee of the performance of any obligations of the License Agreement (collectively “Breach Costs”). City shall then be entitled to deduct the Breach Costs of the restoration, performance or cure from the security deposit.
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 8 City shall return to Licensee the security deposit, or its balance, as applicable, within fourteen (14) business days after the conclusion of the License Term or after failure to obtain necessary approvals, permits and licenses described in Section 10.2, below. In the event that the Breach Costs are greater than the amount of the security deposit, City shall submit an invoice for such costs to Licensee, accompanied with actual expense documentation of the Breach Costs without markup, and Licensee shall be required to pay City’s invoice within thirty (30) days of receipt of such invoice by City.
4.4 Other Charges: Staff Fee.
Licensee shall pay to City a Staff Fee in accordance with the schedule set forth in Exhibit D for staff time necessary for supervising the preparation and staging of the Event between the hours of 7 a.m. and 6 p.m., during the Set Up Period. These hours may be altered by City depending upon the specifics of an Event. In addition, Event supervisors may be required to supervise Licensee’s activities on and adjacent to the License Area whenever such activities include any of the following: substantial exterior construction, set up of a ‘party’ tent, load in/load out of multiple dealers, vendors, suppliers, or talent. Such staff supervision will be at the Additional Staff Rate as set forth in Exhibit D.
5. CONTRACTORS AND SERVICE PROVIDERS
Licensee shall hire and pay for all necessary labor required for Licensee's use of the License Area (as determined by Licensee in Licensee’s sole discretion), including, but not limited to, stagehands, ticket takers, ushers and guards, location and production assistants, contractors and subcontractors for the purposes of the Event (“Contractors”). The cost of said Contractors shall be provided at the sole expense of Licensee. Licensee shall pay for any and all expenses for any Contractors which Licensee may wish to hire.
6. REFUSE AND SANITATION.
Dumpsters and trash/recycle/food waste carts are provided by the City at the sole cost of the Licensee. Licensee shall be required to provide all other appropriate refuse facilities and containers inside and outside of the Event structures. Licensee is encouraged to recycle all appropriate materials.
7. UTILITY SERVICE.
SMPC makes available to the License Area either directly or through a contractor approved by SMPC, certain utility services for Licensee. All expenses for water and electrical service, including electrical hook-ups, distribution and wiring for lights, equipment, trucks and other items of a similar nature shall be the sole responsibility of Licensee. Any hook-ups, wiring and other work done by or for Licensee, including temporary power distribution, heating and air conditioning, shall be done in a good and workmanlike manner and be subject to prior written approval of SMPC, and shall be done with proper building permits, if required, and in compliance with all applicable codes, including without limitation, the City’s Municipal Code.
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 9 8. NEIGHBORHOOD IMPACTS, COMMUNITY OUTREACH, MARKETING, AND PROMOTION.
Licensee agrees to pay the Notification Fee (as defined below) for the preparation and mailing of neighborhood notifications, which will be mailed to Pier tenants, beach tenants and beach neighbors at least two weeks in advance of the event. The notice will include a brief description of event, date and time, name of a contact person, and a means for reaching the person during the event in case there is a problem. Licensee will contact Community Recreation by email at [email protected] to coordinate preparation of neighborhood notification and payment of $375 as a notification fee (“Notification Fee”).
9. INSURANCE
Prior to commencing occupancy of the License Area, Licensee shall procure and maintain at Licensee’s own cost and expense for the duration of the License Term insurance against claims for injuries to persons or damages to property which may arise from or in connection with Licensee’s possession, occupancy, operation, and use of the License Area, by Licensee, its directors, officers, agents, representatives, employees, contractors, subcontractors, guests, customers, and invitees. Licensee must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit E, Insurance Requirements and Verifications.
10. PERMITS, LICENSES AND APPROVALS.
10.1 Licensee Obligation
Licensee shall obtain and maintain, at its own cost and expense, all necessary permits, including any building permits, approvals, and licenses required for its occupation of the License Area, establishing any structures, and the conduct of the permitted uses.
10.2 Receipt of Necessary Approvals
Receipt of all necessary approvals, permits, and licenses is a condition precedent for the exercise of this License. In the event that the required permits, licenses or approvals from any governmental entities having jurisdiction of the License Area or Licensee’s use of the License Area cannot be obtained, this License will have no force and effect. A list of required approvals and permits is hereto attached as Exhibit F.
11. COMPLIANCE WITH ALL LAWS AND CITY’S SIGN REGULATIONS Licensee shall, at its own cost and expense, comply with the requirements of any applicable law, statute, ordinance, rule, regulation or order of any regulatory agency with respect to its use and occupation of the License Area, including any County of Los Angeles Department of Public Health guidelines pertaining to COVID-19, and with each provision and requirement of any insurance policy to be maintained by Licensee pursuant to this License. Licensee shall not use nor permit the use of the License Area for any illegal purpose.
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 10 Licensee acknowledges and understands that Licensee must provide the City with a signage plan as soon as practicable, but no later than 90 days prior to the event (or other mutually agreed upon date). The signage plan must include a description of signage, including size, material, text, approximate location, and method of installation. Signage will not be permitted if signage plan is not approved.
In addition to providing a signage plan for the City’s review and approval, Licensee represents and warrants that it will comply with the City’s signage regulations. Licensee acknowledges and understands that temporary non-permanent signs may be installed that identify or pertain to the Event within the License Area. Signs that identify or pertain to the Event may have the logo of a commercial sponsor or vendor, but the logo may not exceed 30% of the sign area. Signs must be internally oriented to the extent possible. The logo of a tobacco sponsor is prohibited.
12. INTENTIONALLY RESERVED.
13. FILM PERMITS
In the event that Licensee wishes to videotape and/or film on the License Area, Licensee shall comply with all applicable City regulations regarding film permits and Licensee shall pay any applicable film permit fees.
14. CITY’S ACCESS TO THE LICENSE AREA
City shall have the unrestricted right to enter the License Area during the License Term.
15. DEFAULT AND REMEDIES
15.1 Default by Licensee
Each of the following events shall be an Event of Default and breach of the License Agreement by Licensee:
A. Failure to pay License Fees;
B. Violation of any applicable law, regulation or ordinance which is not remedied immediately or no later than three (3) calendar days from notice of violation or in any other delay prescribed by the competent authority;
C. Utilizing the License Area in a manner not authorized pursuant to the License Agreement;
D. Attempting to assign this License in any manner;
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 11 E. Failure to comply with any other nonmonetary obligations and this default is not remedied within fifteen (15) calendar days after written notice is given by City specifying such default and action required to remedy such default; and/or F. Filing any petition for bankruptcy or making any assignment for the benefit of its creditors.
15.2 Remedies for Breach
In the event of any Event of Default and breach of the License, which Event of Default and breach is not remedied within fifteen (15) calendar days after written notice is given by the non-breaching party specifying such default and action required to remedy same (except where a shorter cure period is expressly provided above in Section 15.1.B or if such default or breach is material and cannot be cured) (“Cure Period”), the non-breaching party shall be entitled to terminate the License Agreement in its entirety, and to damages in accordance with applicable law. For the avoidance of doubt, if the City commits an uncured Event of Default, Licensee may seek damages in accordance with applicable law without exercising the right to terminate the License Agreement.
15.3 Remedies for Non-Performance
The remedies for nonperformance shall be as follows:
A. Nonperformance due to lack of regulatory approval by third parties. If the nonperformance is due to the failure to obtain necessary approvals, permits and licenses, City shall refund any License Fee paid by Licensee required by this License Agreement after uncured failure to obtain lack of regulatory approval, above.
B. Nonperformance due to Force Majeure. If the nonperformance is for reasons: (a) not existing prior to or as of the Execution Date of this License; (b) not reasonably foreseeable; and (c) beyond the reasonable control of Licensee or City, including act or regulation of any public authority, military authority, war conditions or emergencies, civil tumult, riot, strike, natural calamities, epidemic, pandemic, lockdown, earthquakes, floods, epidemic, delay, cessation or interference with transportation services, interruption or cessation by illness or accident to a substantial number of Licensee’s performers (“Force Majeure Occurrence”), it is understood and agreed that there shall be no claim for damages resulting from such inability to pay any License Fee due hereunder or to obtain permits, licenses or approvals or such condition rendering performances of the parties obligations impossible or unfeasible by any party to this License.
C. COVID-19. The spread of COVID-19 is and will be well known to the parties at the time that parties execute this License Agreement and therefore is not a “Force Majeure Occurrence” unless it renders performance impossible or unfeasible. By executing this License, Licensee understands and agrees that Section 15.3(B) shall not excuse Licensee from prompt payment of fees as specified in this License Agreement, or entitle Licensee to a refund of fees, including deposit and License Fee, paid to City under this License Agreement where cancellation of the Event results from an event or condition arising out of or resulting from exposure, DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 12 infection, and/or spread of COVID-19 and such event or condition does not involve an action or order of federal, state, or local authorities mandating the closure of the License Area, or portion of the License Area, or prohibit Licensee’s use of the License Area or portion of the License Area on the dates of the Occupation Periods. Nor does Section 15.3(B) excuse Licensee from prompt payment of fees as specified in this Licensee where an action or order of federal, state, or local authorities reduces the number of persons that can attend the Event, imposes restrictions related to participation in the Event, or imposes restrictions on the activities that can be conducted on the License Area to mitigate the spread of COVID-19. Should an action or order of a federal, state, or local authority mandate the closure of the License Area, or portion of the License Area, or prohibit Licensee’s use of the License Area, or portion of the License Area, on the Occupation Periods, Licensee shall notify the City in writing and cite to the government action or order that will not permit Licensee to use the License Area, or portion of the License Area, on the dates of the Occupancy Periods and may request reimbursement of the License Fee.
The City shall reimburse to Licensee the Licensee Fee within thirty (30) days of Licensee’s reimbursement request provided that the City verifies that the government action or order identified in Licensee’s reimbursement request meets the criteria specified herein to entitle Licensee to a reimbursement of the License Fee.
16. INDEMNIFICATION
Licensee shall indemnify, protect, hold harmless, and defend City, including, but not limited to, the City of Santa Monica, the City Council, the City’s boards and commissions, its officers, agents, employees, volunteers (collectively “the City Indemnitees”), from and against any and all demands, claims, actions, suits, judgments, damages, liability, cost and expense, including, but not limited to reasonable attorneys’ and other professional fees or the value of any legal services received (collectively, “Claims”), to the extent arising directly or indirectly from or in any way related to the following: (i) the possession, occupancy, use, or enjoyment of the License Area and adjacent parking lots, to the extent due to the negligence or intentional misconduct of Licensee or any officer, agent, contractor, employee, or invitee thereof (each, a “Licensee Party”), (ii) Licensee’s business, activities, operations, services or work conducted in, on or about the License Area, harbor area, parking lots or Pier area, to the extent due to the negligence or intentional misconduct of Licensee or another Licensee Party; (iii) any breach or default in the performance of any obligation on Licensee’s part to be performed under the terms of this License; (iv) any negligent or intentionally wrongful act or omission of Licensee or another Licensee Party; and (v) furnishing or supplying any work, services, materials, equipment or supplies on or about the License Area, to the extent due to the negligence or intentional misconduct of Licensee or another Licensee Party. Licensee’s obligation to indemnify, defend and hold harmless shall not apply to the extent the Claim arises from the negligence or willful misconduct of the City Indemnitees.
This provision shall survive the termination or expiration of this License Agreement.
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 13 17. NO SUBLEASE OR ASSIGNMENT PERMITTED
This License is personal to Licensee and Licensee shall have no right to assign or transfer this License to any other third party without the express written approval of City, which approval is subject to City’s sole and absolute discretion.
18. ENVIRONMENTAL MATTERS
Licensee covenants and agrees that Licensee shall not, and shall require that its employees, agents, contractors and other third parties entering upon the License Area at the request or invitation of Licensee do not, bring onto, maintain upon, generate, use, store, dispose of or release or discharge in or about the License Area or any adjacent area, any hazardous or toxic substances or hazardous waste (collectively, “hazardous materials”) and shall comply with Environmental Law(s) as defined herein in connection with the use of the License Area.
Licensee agrees to bear all responsibility and liability for such hazardous materials.
The term “Environmental Law(s)” refers, without limitation, to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C.
Sections 9601-9675), the Resource Conservation and Recovery Act, as amended (42 U.S.C.
Section s 6901-6992k), the Hazardous Materials Transportation Act, as amended (49 U.S.C.
Section 1801 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. Sections 1251-1307), the Clean Air Act, as amended, (15 U.S.C. Sections 2601-2692), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X) (15 U.S.C. Sections 2681-2692 and also 42 U.S.C. Sections 48991-4856), the Lead Based Pain Poisoning Prevention Act (42 U.S.C.
Sections 4821-4846), the Indoor Radon Abatement Act (15 U.S.C. Sections 2661-2671), and the Safe Drinking Water Act Amendments of 1996, Pub. L. No. 104-182, 110 Stat.1613 (1996), and all similar federal, state or local laws, statutes, regulations and ordinances.
If Licensee breaches any of the obligations stated in this Section 18, Licensee shall be obligated, at Licensee’s sole cost, to clean-up and remove all hazardous materials or contaminants introduced by Licensee or any person or entity for whom Licensee is responsible, and to indemnify the City pursuant to this License Agreement. Such clean-up and removal shall include all testing and investigation required by any governmental authorities having jurisdiction, and preparation and implementation of any remedial action plan required by any governmental authorities having jurisdiction. All such clean-up and removal activities of Licensee shall, in each instance, be conducted to the satisfaction of City and all governmental authorities having jurisdiction. City shall have the right to enter and inspect the License Area for violations of Licensee’s covenants herein.
19. APPROVAL AND NOTICES
Unless otherwise set forth herein, any approval, disapproval, demand, document or other notice or communication permitted or required to be given hereunder shall be in writing, and shall be served personally or by U.S. mail (return receipt requested, postage prepaid), or by email. Notices shall be deemed given only upon receipt by the party to whom directed and shall be delivered to the parties at the addresses set forth below.
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 14 To City: City of Santa Monica
1685 Main Street, Room 212
Santa Monica, California 90401
Attention: Christopher Smith
Telephone Number: (866) 311-7266
Email: [email protected]
With a copy to: Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: Deputy City Attorney, Ben Delfin
Telephone Number: (310) 458-8336
Fax Number: (310) 395-6727
Email: [email protected]
To Licensee: Brian Bostwick
Director, ALC Production and Special Events
AIDS/LifeCycle
1125 N McCadden Place, Los Angeles CA 90038
Email: [email protected]
and
Peter Parisot
Vice President, Compliance and Legal Counsel
San Francisco AIDS Foundation
1035 Market St. Suite 400
San Francisco, CA 94103
Email: [email protected]
Notice of change of address shall be given by written notice in the manner detailed in this Section.
20. MISCELLANEOUS PROVISIONS
20.1 Venue
Any dispute arising from this License Agreement shall be settled by arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Los Angeles, CA. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The arbitration shall be conducted by one (1) arbitrator in accordance with the JAMS Rules, which DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 15 arbitrator shall be selected in accordance with the JAMS Rules. The arbitrator will have no authority to award damages excluded by this Agreement, except as may be required by statute.
The award of the arbitrator shall be accompanied by a reasoned opinion. Either party also may, without waiving any remedy under this Agreement, seek from any court of competent jurisdiction located in Los Angeles Superior Court, West District, or the United States District Court for the Central District of California any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal.
20.2 Independent Relationship of the Parties
The Parties shall remain at all times as to each other, wholly independent entities. No Party shall have the authority to incur any debt, obligation, or liability on behalf of another Party unless expressly provided by written agreement of the Parties. No employee, agent, or officer of a Party shall be deemed for any purpose whatsoever to be an agent, employee or officer of another Party.
20.3 Governing Law
The interpretation, validity, and enforcement of this License Agreement shall be governed by and interpreted in accordance with the laws of the State of California.
20.4 Captions
Titles and captions are inserted for convenience only and shall not define, limit or construe in any way the scope or intent of the License.
20.5 No Waiver
A waiver by either party of a breach of any of the covenants, conditions or agreements under this License Agreement to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreement, restrictions or conditions of this License. Nothing herein shall be interpreted as waiving or ceding the police power or governing authority of the City.
20.6 Severability
If any term, provision, condition, or covenant of this License Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this License, or the application of the term, provision, condition, or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.
20.7 Entire Agreement
This License Agreement contains the entire understanding between the parties relating to the transaction contemplated by this License Agreement. All prior or contemporaneous agreements, understandings, representations and statements, whether direct or indirect, oral or DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 16 written, are merged into and superseded by this License Agreement, and shall be of no further force or effect. This License Agreement shall not be modified except by written instrument executed by the Parties at the time of modification and approved as to form by the City Attorney.
20.8 Jointly Drafted
Each Party acknowledges that it was represented by its legal counsel during the negotiation and execution of this License Agreement, and that it has had a full and fair opportunity to review and revise the terms of this License Agreement. Each Party further agrees that this License Agreement has been jointly drafted, and that no term contained herein shall be construed against or in favor of another Party.
20.9 Counterparts
This License Agreement may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single License Agreement. Any signature to this License Agreement may be transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
20.10 Attorneys’ and Other Fees
Should either party institute any action or proceeding to enforce or interpret this License Agreement or any provision hereof, to prevent the breach or continued breach hereof, for damages by reason of any alleged breach of this License Agreement or of any provision hereof, or for a declaration of rights hereunder, the prevailing party in any such action or proceeding shall be entitled to receive from the other party all reasonable costs and expenses, including actual, reasonable attorneys’ and other fees, incurred by the prevailing party in connection with such action or proceeding. The term “attorneys’ and other fees” shall mean and include attorneys’ fees, accountants’ fees, expert witness fees, and any and all other similar fees incurred in connection with the action or proceeding and perorations therefor. The term “action or proceeding” shall mean and include actions, suits, arbitrations, appeals and other similar proceedings.
20.11 No Third Party Beneficiaries
This License Agreement is not intended, and will not be construed, to confer a benefit or create any right on a third party or the power or right to bring an action to enforce any of its terms.
20.12 Exhibits
The following exhibits are incorporated herein as a term of this License Agreement.
Exhibit A License Area
Exhibit B Schedule and Program – Permitted Uses
Exhibit C List of Sponsors
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 17 Exhibit D Estimate of Fees, Charges, and Other Costs Exhibit E Insurance Requirements and Verifications
Exhibit F List of Approvals and Permits
Exhibit G List of Authorized Representatives
IN WITNESS WHEREOF, this License Agreement has been duly executed as of the day and year first above written.
LICENSOR:
CITY OF SANTA MONICA
ATTEST: a municipal corporation
______________________________ By: _____________________________
DENISE ANDERSON-WARREN
City Clerk City Manager
APPROVED AS TO FORM:
______________________________
City Attorney
LICENSEE:
SAN FRANCISCO AIDS FOUNDATION
By: _______________________________
Peter Parisot
VICE-PRESIDENT,
COMPLIANCE AND LEGAL COUNSEL
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655
DAVID WHITE
18 EXHIBIT A
LICENSE AREA
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 19 DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 20 DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 21 EXHIBIT B
2023 AIDS/LIFECYCLE RIDE
EVENT AND PRODUCTION TIMELINE
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 22 EXHIBIT C
LIST OF SPONSORS
2023 AIDS/LIFECYCLE RIDE
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 23 EXHIBIT D
ESTIMATE OF OTHER COSTS*
.
BUILDING AND SAFETY:
Single Trade Permit may be required (includes inspection during regular hours 8am – 4pm. After-hours inspection will be charged an additional fee.). For more information visit:
https://finance.smgov.net/Media/Default/fees/Planning%20and%20Community%20Deve lopment.pdf
BUSINESS LICENSE:
Supply and Service providers (e.g., caterer, valet, rental, etc.) are required to obtain a Santa Monica business license. Retail vendors and exhibitors at permitted events are exempt from having to obtain a Santa Monica business license.
For information related to the business license process, please contact the Business License office at 310-458-8745 or visit www.smgov.net/businesslicense FACILITIES MANAGEMENT:
Carpenter, Electrician, HVAC Technician, Painter, Plumber, and Facilities Supervisor shall be $70/hour for regular time and $100/hour for after-hours work (3 hour minimum)
FIRE:
Administrative costs for Fire personnel is actual costs per hour.
Tent/Canopy Permit - $228.98 to $332.55 depending on size of tent/canopy.
Over 5,000 sq. ft. - 0.0872 per sq. ft.
Candles/Open Flame Permit - $65.54
LPG/Propane Permit - $358.85
For more information visit: https://finance.smgov.net/Media/Default/fees/Fire.pdf NEIGHBOR NOTIFICATION FEE:
The Community Events Office will mail out notices to residents and businesses within 500 feet of a Category 1 event if there will be 1) amplified sound (other than brief, intermittent announcements) or live music outdoors or in a tent and/or 2) if the event requires a street closure(s).
Events at fixed venues - $198.48
Events extending beyond a fixed venue (e.g., races) - .68 per piece PLANNING AND ZONING:
Temporary Use Permit (TUP) - $991.28; $425.05 for a re-occurring event.
TUP may be required for events on private space. For more information visit:
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 24 https://finance.smgov.net/Media/Default/fees/Community%20Development.pdf POLICE:
The number of police officers required for security, crowd control, traffic management, etc., to be determined by the Police Operations Division.
Police billable services are actual costs per hour.
Police vehicle (car) - $94.43per day
Motorcycle - $62.95 per day
Police Horse - $31.47 per day
Rescue boat - $251.83for 4-hr minimum; $31.45 for each additional hour For more information visit: https://finance.smgov.net/Media/Default/fees/Police.pdf RESOURCE RECOVERY AND RECYCLING:
Recycling bins, carts and dumping services are available for rent. Trash and food bins, carts and servicing are also available for rent.
Refundable Integrated Waste Management fee of $0 to $1500 (depending on number of attendees and type of waste). Request for refund must be made in writing.
For more information on container sizes and pricing visit:
https://finance.smgov.net/Media/Default/fees/Public%20Works.pdf TRANSPORTATION ENGINEERING GROUP:
Metered Parking Space Reservation – posted rate of the meter Temporary “No Parking” signs - $6.00 each
Event organizer is responsible for 1) submitting a list with the meter number for each parking space requested, 2) placing the “No Parking” signs on each meter 24 hours in advance of the event, and 3) removing the signs promptly after the event. There is a $207.95 charge per sign that is not removed.
More information on how to obtain Temporary No Parking signs is located here:
http://www.smgov.net/Departments/PCD/Permits/Temporary-No-Parking-Signs/ Guidelines for the posting of Temporary No Parking signs can be found here:
https://www.smgov.net/uploadedFiles/Departments/PCD/ApplicationsForms/TNP_Posting_Guidelines.pdf In addition to Temporary No Parking signs, an Oversize Load Permit may be required for large vehicles.
Temporary No Parking Sign Issuance - $74.75
One-Day Valet Permit - $768.29
Traffic Control Plan Review – Base Fee
First two reviews, per page $320.11
Third and subsequent reviews, per page $338.63
https://finance.smgov.net/Media/Default/fees/Department%20of%20Transportation.pdf DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 25 Bike Racks - $343.03
Block Parties - $65.65
Permit – Auto Park - $289.33
Event Permit: Parking Specialist - $289.48
Event Permit: Parking Administrator - $275.31
Event Permit: Traffic Engineer - $342.84
[due to budget cuts bike valet services are no longer offered]For more information visit:
https://finance.smgov.net/Media/Default/fees/Department%20of%20Transportation.pdf *Fees subject to change. Contact individual departments for updated fee schedules.
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 26 EXHIBIT E
INSURANCE REQUIREMENTS AND VERIFICATIONS
Licensee shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Licensee, its agents, representatives, employees or sublicensees.
Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, personal and advertising injury, with limits of no less than $1,000,000 per occurrence. Said policy shall be endorsed to provide for liquor liability, if liquor is provided and sold.
If the Licensee maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to the broader coverage or higher limits maintained by the Licensee. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.
Other Insurance Provisions
1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Licensee including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Licensee’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37). b. Primary Coverage: For any claims related to this Agreement, the Licensee’s insurance shall be primary coverage as least as broad as Insurance Services Office Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Licensee’s insurance and shall not contribute with it.
c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica. d. Waiver of Subrogation: Licensee hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Licensee may acquire against the City of Santa Monica by virtue of payment of any loss. Licensee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 27 applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Licensee to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the name insured or the City of Santa Monica.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.
Verification of Coverage
Licensee shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Licensee’s obligation to provide them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.
Failure to Maintain Insurance Coverage
If Licensee, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Licensee resulting from said breach.
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 28 EXHIBIT F
LIST OF APPROVALS AND PERMITS
Licensee will need to obtain the following approvals and permits to use the License Area as contemplated in the License Agreement:
Contact the Santa Monica Business License Office [email protected] (310-458-8745) to arrange for submittal of a list of expected supply/service providers (promoter, caterer, rental companies, valet, security etc.) with a copy to this office. Be sure to mention that you are associated with a special event. Each of your supply/service providers must obtain a Santa Monica business license. Individual retail vendors at permitted events are exempt from having to obtain a Santa Monica business license.
PARKING OFFICE
Contact Robin “Tanza” Greenwood, Parking Operations
[email protected] to make arrangements to have event area cordoned off in advance of event. The City does not provide for free or reduced rate parking. All standard rates apply.
Overnight security required.
Bike path must not be obstructed at any time.
Obtain the following from the Parking Office: 1) a list of approved vendors for parking lot repairs; and 2) the standard requirements for restoration of the parking lot. Note:
Transportation Management must approve all completed repairs before clean-up/damage deposit can be refunded.
FIRE DEPARTMENT
Contact Santa Monica Fire Prevention at [email protected] or (310-458- 8915), to: 1) submit a detailed site plan including the exit plans for set up in the parking lot for final capacity approval, and showing location/sizes of all fixtures and temporary structures. Site plan must include a security plan as well. All fixtures and temporary structures must be set up to allow ample pedestrian and a 20-foot emergency vehicle clearance at all times; 2) determine if there is a need to hire a fire safety officer; 3) apply for a tent/canopy permit; and 4) have cooking/open flame plans approved. The Office of the Fire Marshall has final determination of occupant load approval for your event based not only on layout, but also based on event type and activities. Any event may be closed or shutdown to additional occupants if conditions exist that do not allow for safety of the occupants due to overcrowding or other similar factors that would elicit unsafe conditions for public safety and the occupants within.
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 29 POLICE DEPARTMENT
Contact Sgt. Derek Leone , Police Department [email protected] (310-458- 8478), to: 1) have security/crowd control plans approved; and 2) if required, make arrangements to hire Santa Monica police officers. If required to hire officers, you will be provided with an “estimate of cost” form that will need to be returned to Police Department within 10 days of receipt. Failure to do so may delay or forfeit your Event Permit.
BUILDING & SAFETY –COMMUNITY DEVELOPMENT DEPARTMENT
Contact Building and Safety via City’s 311 system or schedule a public counter appointment to visit a plan check engineer at https://checkin.smgov.net All permit applications are only accepted online via City’s Electronic Plan Review system. o If your project is eligible for counter review and approval there are two options to submit.
Submit for Virtual Same-Day Review process. Please visit following URL for more information and to find a link to schedule an appointment with our plan review staff; or
Schedule an appointment to come into public counter to obtain reviews and approval at https://checkin.smgov.net/
o If your project is not eligible for counter approval and requires plan review then you must submit your project to the City's Electronic Plan Review system at:
https://www.smgov.net/Departments/PCD/Permits/Plan-Review/Electronic-Plan-Review/
DEPARTMENT OF TRANSPORTATION
q Arrange for parking meter reservations at the Station E Counter in City Hall (310-458- 8291).
q If your project requires vehicular or bike lane closures on one of the City’s “Streets of Significance”, a Temporary Traffic Control Plan (TTCP) will be required. The City’s “Streets of Significance” list, as well as TTCP preparation and submittal requirements, are available on the City’s website here. TTCPs must be submitted for review using the City’s Electronic Plan Review (EPR) system (details and submittal instructions are at the link provided). Note that it can take several months to obtain approval of a TTCP, so you are encouraged to start this process early. If you have questions on whether your project will require a TTCP or on the submittal requirements, email [email protected]. q Obtain a One-Day Temporary On-Street Valet Permit for your event. The application form is available on the City’s website here. Submit the completed application to [email protected] for processing. Valet Company must provide proof of garagekeeper’s legal liability insurance in the amount of $1,000,000 per occurrence. See insurance paragraph at the end of this letter for specific requirements; and 2) have parking/traffic circulation plan approved.
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 30 RESOURCE, RECOVERY & RECYCLING
Contact Resource Recovery and Recycling by email at:
[email protected] to: 1) have clean-up/recycling plans approved; and 2) if needed, make arrangements to use the City’s available services.
COMPLIANCE WITH SIGNAGE ORDINANCE –Temporary non-permanent signs may be installed that identify or pertain to the Event within the License Area. Signs that identify or pertain to the Event may have the logo of a commercial sponsor or vendor, but the logo may not exceed 30% of the sign area. Signs must be internally oriented to the extent possible. The logo of a tobacco sponsor is prohibited.
Submit a detailed signage plan as soon as possible. Plan must include a description of the sign including size, material, text, exact location, and method of installation. Signage will not be permitted if signage plan is not approved.
PUBLIC FACILITIES SERVICES
Contact Shidan Adlparvar (310 434-2603) or Tad Banach (310 458-2181) to make arrangements to use the electrical service in the 1550 lot. Parking lot lights service is under the City’s Streets Division. Contact Sylvester Mabry (310 458-85025) or Allen Issagholian (310 458-8502) to make arrangements regarding use of the parking lot lights in the 1550 lot.
FILM PERMIT
The City of Santa Monica contracts with the FilmLA to coordinate film permits. All filming inquiries and film permit applications should be submitted to FilmLA through their Online Permit System at filmla.com at least 5 business days before the first day of filming. To start your process, please contact FilmLA's Production Planning Department at 213-977-8600.
LOS ANGELES COUNTY
Contact Los Angeles County Lifeguards [email protected] (310-394-3261) for your event.
FOOD AND BEVERAGE
If you plan to sell or serve food to the public, the Los Angeles County Health Department requires that you obtain a Health Permit. Please contact Victor Abdelmalak at the Health Department West Office [email protected] (310-410-3400) for more information. Please note that our office routinely notifies the Health Department of applications for events that involve selling or serving food to the public. Submit a copy of your State of California Alcoholic Beverage Control Permit. Alcohol must be served and consumed within a defined, enclosed area with security at all entries. All alcohol sponsorship signage must be displayed inside the defined, enclosed area DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 31 only. Comply with all sections of the City’s “Guidelines for Sale and/or Consumption of Alcohol at Community Events
STATE OF CALIFORNIA COASTAL COMMISSION
Contact the Coastal Commission to confirm if a Coastal Development Permit is required.
Contact: Amber Dobson: [email protected]
AMPLIFIED SOUND
Amplified sound is permitted from 9 am to 7:00 pm the days of the event. All speakers must be directed away from residences. On the Pier Deck Portion all speakers must face the west end of the Pier. On the Beach Site License Area all speakers must face to the west (toward the Pacific Ocean). Sound check and/or rehearsal time is permitted as follows:
Monday – Friday : 7 am to 10 pm; Saturday and Saturday, 8 am to 10 pm. Continuation of amplified sound beyond this time may result in the event being closed.
BEACH PARKING LOT EVENT SITE RULES:
If City property is destroyed or damaged by reason of permittee’s use, event, or activity and the damage or destruction is directly attributable to the permitee, the permittee will reimburse the City for the actual replacement or repair cost of the destroyed or damaged property.
Overnight security required.
Contact the Underground Service Alert (800-422-4133) no more than 14 calendar days before to installing tent to have the utility and electrical lines flagged in the parking lot. Hydrant Meter Connection - A fire hydrant meter is primarily used to fill an approved water truck for temporary use. To obtain a hydrant meter connection you must fill out an application and pay a fee of $264.99. A completed application must be turned in at the Business and Revenue Operations Office located at 1685 Main Street CHE, Santa Monica, CA 90401.
Bike path must not be obstructed or obscured in any way All generator cabling must be flown over the bike path at a minimum of 8 feet in height and be the width of the bike path.
Entire perimeter of event area must be barricaded with, at a minimum, bicycle racks and cones, K-rails or chain link fence. Site plan submitted to Fire and Police must show barricades along with a description of the type of barricade to be used. Barricades must allow the proper ingress/egress as required by the Fire Department. Reserved event area must include space for attendees to assemble in while waiting to enter the event. Attendees cannot assemble or line up outside of the reserved area.
Waiting area must also be barricaded to ensure that attendees stay out of the general parking and traffic area.
All exits and aisles must be kept clear and visible. Entrances and exits must be clearly marked.
Smoking is prohibited.
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 32 Propane cooking is not permitted in tents/canopies. All propane tanks should be, properly secured and at least 10 feet from booths and cooking area.
Fire extinguishers are required near generators and any open flame cooking. The use of non-recyclable plastic food and polystyrene/Styrofoam containers is prohibited.
This includes no. 6 in the recycling logo. For more information visit www.smepd.org/container.
Event area must be cleaned and all litter removed immediately following the close of event.
Provide adequate restroom facilities as required by the Los Angeles County Health Department (one for every 250 men; two for every 175 women). At least 10% of restrooms must be accessible to disabled persons.
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655 33 EXHIBIT G
LIST OF AUTHORIZED REPRESENTATIVES
Licensee’s Authorized Representatives
Brian Bostwick - Dir. Production & Special Events
[c] 626-497-3978
[o] 323-860-7327
[e] [email protected]
Tracy Evans - Ride Director
[o] 415-581-6894
[e] [email protected]
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655