HomeMy WebLinkAboutReso 50-19 Approving temporary License agreementRESOLUTION NO. 50=19
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
APPROVING A TEMPORARY LICENSE AGREEMENT
WITH OWEN HACKLEMAN, ROGER CULLEN AND WILLIAM DILLER
FOR USE OF A PORTION OF THE HARBOR DEPARTMENT'S
STORAGE YARD FOR COMMERCIAL FISHING BAITING SERVICES
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, in 2011 the City of Morro Bay first entered into a temporary license
agreement with Morro Bay Hookers Baiting Services for important gear and baiting
services in a portion of the Harbor Department's storage yard for a sector of the Morro
Bay commercial fishing fleet; and,
WHEREAS, Morro Bay Hookers will cease operations at the end of June, 2019;
and,
WHEREAS, these services are still a critical need of the Morro Bay commercial
fishing fleet, and Morro Bay commercial fishermen Owen Hackleman, Roger Cullen and
William Diller are proposing to continue these services in the Harbor Department's yard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay, California as follows:
Approval of the attached new Temporary License Agreement with Owen
Hackleman, Roger Cullen and William Diller for operation of commercial
groundfish gear and baiting services is hereby approved, and the Mayor is
hereby authorized to execute the license agreement.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 25th day of June 2019 on the following vote:
AYES:
NOES:
ABSENT
ATTEST:
Headding, Addis, Davis, McPherson
None
Heller
'ANSON, City Clerk
TEMPORARY LICENSE AGREEMENT
FOR USE OF PUBLIC PROPERTY
The City of Morro Bay, a municipal corporation, ("Licensor") hereby grants to Owen
Hackleman, Roger Cullen, and William Diller (collectively, "Licensee") a license ("this
License") for use of the real property located in close proximity to the Harbor Storage Yard
located at 1622 Embarcadero, Morro Bay, CA, illustrated on the attached Exhibit A (the
"Premises"), subject to all the following terms and conditions:
1. USE: Subject to ali the provisions of this License and only in recognition of the purpose
set forth in this Paragraph, Licensee shall have permission to use of the Premises solely:
{a} .operation of baiting business and .
(b} storage of related equipment.
The foregoing shall be defined as the "Permitted Uses:'
The parties agree Licensee's use of the Premises for the Permitted Uses shall be exclusive
of any other use or user, except that of Licensor, subject to Paragraph 20, below.
2. LICENSOR REQUIREMENTS: In connection with the Permitted Uses, Licensee shall
comply with all applicable Federal, State and local laws rules and regulations, including
payment of local business taxes, if applicable.
3. EFFECTIVE DATE OF LICENSE: This License shall be effective on the later of July 1,
2019, or upon the date it is signed on behalf of Licensor (the "Effective Date").
4. TERM: The term of this License shall be for the period from the Effective Date, until June
30, 2021, {the "Term") or termination pursuant to Paragraph 16, below.
5. RENEWAL: Upon expiration of this License Licensoe's Harbor .Director may
administratively execute one two-year renewal of this License (the "Extended Term"). The
Extended Term shall be effective only if an amendment to this License is signed by
Licensoe's Harbor Director, or designee and Licensee. If the Extended Term becomes
effective, then the Extended Term shall expire on June 30, 2023 or termination pursuant to
Paragraph 16, below.
6. FEES. Licensee shall pay to Licensor Ninety-one Dollars ($91.00) per month payable on
the first of each month starting July 1, 2019 for this License (the "License Fee").
The parties agree, commencing July 1, 2020, as of every July 1 following the
Commencement Date (each, a "CPI Adjustment Date"), except as outlined in
O 1 I S 1.0024/556982.1 " 1"
13. TAXABLE INTEREST_ This License is not intended to create any interest in real
property. If it is determined, by a governmental agency dually authorized to make such
decision, this License creates any taxable interest, including, but not limited to, a
possessory interest, then Licensee shall be solely responsible to pay such taxes to the extent
such taxes are required by law to be paid.
l4. HOLD HARMLESS: Licensee agrees to and hereby does hold harmless, indemnify and
defend Licensor and its officers, agents and employees ("Indemnitces") from any claim,
judgment, liability, award, damages, loss or expense, including reasonable attorney's fees
and court costs, arising out of or related to the use of the Premises by Licensee, including,
but not limited to, any hazardous materials releases; provided, that Licensee's obligation to
indemnify and hold harmless shall apply only to the extent Licensee, its officers,
employees or agents caused the claim, loss or expense. For purposes of this License,
hazardous materials shall mean any materials as defined by State or Federal laws.
I5. INSURANCE: Without limiting the obligation set forth in the immediately preceding
sentence, during the term of this License Licensee shall provide evidence of insurance as
provided in Exhibit B.
16. NO LIENS ON PREMISES: Licensee shall. not permit or suffer any mechanic's ar
materialman's or other lien of any kind or nature to be recorded or enforced against the
Premises for any work done or materials furnished thereon at the instance of requirement of
or on behalf of Licensee; and Licensee agrees to indemnify and hold harmless Licensor and
the Premises against and from any and all liens, claims, demands, costs and expenses of
whatsoever nature in any way connected with such work done, labor performed or material
furnished in connection with Licensee's use of the Premises.
l 7. RIGHT TO TERMINAT.E/NO DISPLACEMENT LIABILfTY: Either party shall have the
right to terminate this License, with or without cause, upon thirty -days' {30-days') written
notice to the non -terminating party. Licensor shall not be liable (i) for any displacement or
relocation benefits or expenses experienced by Licensee, (ii) for reimbursement for any
improvements installed by Licensee or (iii) for any damages in condemnation, inverse
condemnation, loss of goodwill or other legal or equitable bases resulting, directly or
indirectly, from any action or inaction of or on behalf of Licensor that may be in any way
connected with any termination of this License for any reason or any relocation of Licensee
from the Premises for any reason. Upon termination of this License, Licensee shall no
longer be responsible for any fees under this License, as specified in Paragraph 5 of this
License.
18. GOVERNING LAW: The terms of this License shall be interpreted according to the laws
of the State of California. If arises nut of this License, then venue shall be in the Superior
Court of San Luis Obispo County.
O1181.002d/556482.7 License Agreement
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23. ENTIRE AGREEMENT: This License (i) constitutes the entire agreement of the parties
hereto relating to the use, operation and maintenance of the Premises and (ii) shall
supersede prospectively from the date it is entered into any and all prior written or oral
negotiations or agreements of the parties relating to the Premises. This License shall not be
modified in any particular except by a written amendment duly executed by the parties.
LICENSEE
Dated: �P f
Dated:� '�01
Dated:
Dated:
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
By: _
Chris Neumeyer, City Attorney
4-4
LICENSOR
By:
Scott Collins, City Manager
oirsi.002arss6�sz.i License Agreement
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MI • L
baiter l and � ,Aerial ei Premise
City of Morro Bay
Exhibit B
Page 2 of 5
subject to approval of Licensor following receipt of proof of insurance as required herein. Limits
are subject to review but in no event less than $1,000,000 per occurrence.
Insurance procured pursuant to these requirements shall be written by insurer that are admitted
carriers in the state California and with an A. !lI Bests rating of A- or better and a minimum
financial size YII.
General conditions pertaining to provision of insurance coverage by Licensee. Licensee and
Licensor agree to the following with respect to insurance provided by Licensee:
1. Licensee agrees to have its insurer endorse the third party general- liabiliiy coverage
required herein to include as additional insureds Licensor, and its officials, employees and
agents, using standard ISO endorsement No. CO 2010 with an edition prior to 1992.
Licensee also agrees to require all Licensees, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit
Licensee, or Licensee's employees, or agents, from waiving the right of subrogation prior
to a loss. Licensee agrees to waive subrogation rights against Licensor regardless of the
applicability of any insurance proceeds, and to require all Licensees and subcontractors to
do likewise.
3. All insurance coverage and limits provided by Licensee and available or applicable to this
agreement are intended to apply to the full extent of the policies. Nothing contained in this
Agreement or any other agreement relating to Licensor or its operations limits the
application of such insurance coverage.
4_ None of the coverages required herein will be in compliance with these requirements if
they include. any. limiting endorsement of any kind that has not been first submitted to
Licensor and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate
so-called "third party action over" claims, including any exclusion for bodily injury to an
employee of the insured or of any Licensee or subcontractor.
6. All coverage types and limits required are subject to approval, modification and additional
requirements by Licensor, as the need arises. Licensee shall not make any reductions in
scope of coverage (e.g., elimination of contractual liability or reduction of discovery
period) that may affect Licensee's protection without Licensor's prior written consent.
0118L.a024/556982.1
City of Marro Bay
Exhibit B
Page 4 of 5
imposes any additional obligations on Licensor nor does it waive any rights hereunder in
this or any other regard.
14. Licensee will renew the required coverage annually as long as Licensor, or its
employees or agents face an exposure from operations of any type pursuant to this
agreement. This obligation applies whether or not the agreement is canceled or terminated
for any reason. Termination of this obligation is not effective until Licensor executes a
written statement to that effect.
15. Licensee shall provide proof that policies of insurance required herein expit�ng during
the term of this Agreement have been renewed or replaced with other policies providing at
least the same coverage. Proof that such coverage has been ordered shall be submitted
prior to expiration. A coverage binder or letter from Licensee's insurance agent to this
effect is acceptable. A certificate of insurance and/or additional insured endorsement as
required in these specifications applicable to the renewing or new coverage must be
provided to Licensor within five days of the expiration of the coverages.
16. The provisions of any workers' compensation or similar act will not limit the obligations
of Licensee under this agreement. Licensee expressly agrees not to use any statutory
immunity defenses under such laws with respect to Licensor, its employees, officials and
agents.
17. Requirements of specific coverage features, or limits contained in this section are not
intended as limitations on coverage, limits or other requirements nar as a waiver of any
coverage normally provided by any given policy. Specific reference to a given coverage
feature is for purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be limiting or all-inclusive.
i8. These insurance requirements are intended to be separate and distinct fiom any other
provision in this agreement and are intended by the parties here to be interpreted as such.
19. The requirements in this Section supersede all. other sections and provisions of this
Agreement to the ex#en# #hat any other section or provision conflicts with or irrlpairs the
provisions of this Section.
20. Licensee agrees to be responsible for ensuring that no contract used by any party
involved in any wa_y with the project reserves the right to charge Licensor or Licensee for
the cost of additional insurance coverage required by this agreement. Any such provisions
are to be deleted with reference to Licensor. It is not the intent of Licensor to reimburse
any third party for the cost of complying with these requirements. There shall be no
recourse against Licensor for payment of premiums or other amounts with respect thereto.
O1t81.0024l556982.7