HomeMy WebLinkAboutAtascadero Historical Society Lower Rotunda, Admin. Bldg. USE PERMIT
(Historical Society)
The CITY OF ATASCADERO apolitical subdivision of the State
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of California hereinafter called city, having property or space
being presently required for use for City purposes, hereby gives
permission, pursuant to the provisions of Government Code Section
25536, to to the Treasure of E1 Camino Real, a non-profit corp-
oration, hereinafter called Permittee, to use the following
described City property or space for such purposes and upon
such terms and conditions as are herein provided:
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The room designated as the "lower Rotunda" located on the
first floor of the Atascadero Vereran' s Memorial Building,
Atascadero , California .excepting the space in front of
each door located in said room. The area covered by this
Use Permit is graphically shown on Exhibit "B" which is
attached hereto and made a part hereto by reference.
WITNESSETH
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In consideration of the mutual covenants, conditions,
promises, and agreements herein contained, the City and
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Permitee hereby mutually covenant and agree as follows;
1. Grant and Description of Premises: The City, for and in
consideration of agreements hereinafter stated, grants to
Permittee the nonexclusive rights and privilege to maintain and
operate a musem within the Atascadero Veterans Memorial Building,
which is more fully designated on Exhibit "B" , attached hereto, and ,
by this reference made a part of.
No right expressed or implied, other than those expressly
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given in this permit are granted, and any other• rights are herein
denied Permittee under this agreement.
It is understood that the privileges granted herein are non-
exclusive and the City reserves the right to grant other similar
or identical concessions.
2. Condition of Premises: The taking of possession of the
subject premises by Permittee shall, in itself, constitute
acknowledgement that the premises are in good and tentable con-
dition. Permittee agrees to accept said premises in their
presently existing condition "as is" ; and the City shall not
be obligated to make any alterations,.. addittions or betterments
thereto.
3. Term: This permit shall be valid for a period of one
(1) year commencing July 1, 1985, through and including June 30 ,
1986, unless sooner terminated as herein provided.
4. Rental: Permittee shall pay the sume of one dollar ($1. 00)
annually, payable in advance.
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5. Use of Premises: Permittee may use the premises for the
following purposes only: Premises shall be used for the sole
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purpose of displaying and exhibiting historical objects.
- 6. Termination: This permit may be terminated by the City at
any time and for any reason deemed sufficient by the City Council
of the City of Atascadero, By giving ten (10) days written notice
to Permittee of its intention to do so.
7 . Title to Improvements: Permittee acknowledges that title
to all real property is vested in City. Said premises shall not be
altered, repaired or changed in any way withour the written consent
of the city and then only upon such terms and conditions as may be
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required by the City. All alterations, improvements and additions
authorized to be made by the City shall become the property of the
City and shall remain upon and by surrendered with the premises.
Permittee shall surrender premises in as good condition as received
reasonable wear and tear excepted.
8. Personal Property: Title to all personal property provided
by the Permittee shall remain in Permittee. The city will not be
responsible to Permittee for any loss of property from said premises,
however occuring.
9 . Rules and Regulations: The City reserves the right at any
time to make such reasonable rules and regulations as in its judge-
ment may from time to time be necessary for the safety, care, and
cleanliness of the premises, ,and for the preservation of good order
therin.
10. Hold Harmless Agreement: Permittee hereby agrees to
defend, indemnify and save harmless the City, their officers,
agents and employees in any and every way from any and all manner
of damages, charges, suits and expenses which they may sustain or
be put to by reason of Permittee in connection therewith.
11. Liability Insurance: Permittee agrees to obtain and
keep in force during the term of this permit, at Permittee ' s
expense, worker<s compensation and public liability and property
damage insurance in companies authorized to issue such insurance
in the State of California. Said insurance policy shall consist
of the following:
a. Worker<s Compensation and Employer<s Liability Insurance:
Permittee shall maintain in full force and effect, for the period
covered by this permit, full worker ' s compensation and employer ' s
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liability insurance with limits of at least statutory
requirements with an insurance carrier satisfactory to the City.
In the event Permittee is self-insured, he shall furnish a
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certificate of permission of self-insurance signed by the depart-
ment of Industrial Relations Administration of Self-Insurance
Sacramento.
b. Liability Insurance: Permittee shall maintain in full
force and effect, for the period covered by this permit, bodily
injury, and personal injury, including death resulting therefrom
and damage to property, resulting from any act or occurrence
occurring in or about the premises which are subject to this
permit, or resulting from Permittee ' s operations, or from
Permittee' s use of owned or nonowned automobiles. The amounts of
insurance shall not be less than the following:
Single limit coverage applying to bodily and personal
injury, including death resulting therefrom, and property damage
or a combination of both - $1,000 ,000.00 .
The following endorsements must be attached to the policy:
1. If the insurance policy covers on an "accident" basis, it
must be changed to "occurrence" .
2. The policy must cover personal injury as well as bodily
injury.
3. The policy must cover complete contractual liability.
Exclusions of contractual liability as to bodily injuries,
personal injuries and property damage must be eliminated from the
basic policy and endorsements. .
4. BROAD FORM property damage liability must be afforded.
5. City of Atascadero, and their officers, employees and
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agents shall be named as additional insureds under the policy,
and the policy shall stipulate this insurance will operate as
E primary insurance and that no other insurance effected by the
City or other named insured will be called upon to contribute to
a loss covered thereunder .
c. The following requirements apply to all liability
insurance to be provided by Permittee:
1. A certified copy of said policy and a certificate of
insurance shall be furnished the Public Works Department within
twenty (20) days after execution of this permit. A certificate
alone is not acceptable. Certificates and policies shall also
state that the City is not liable for the. payment of any premiums
of assessments on this property.
2. Certificates and policies shall state that the policy
shall not be cancelled or reduced in coverage without thirty (30)
days written notice to the City. Ten (10) days written notice is
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not acceptable except in connection with worker ' s compensation
insurance.
3. Insurance required shall be placed in a company or
companies acceptable to the City and shall have a policy
holder ' s surplus of at least ten (10) times the amount or limit
of liability afforded by the insurance company.
4. Approval of the insurance by the City shall not relieve
or decrease the extent to which the Permittee or any sublessee
may be held responsible for payment of damages resulting from
its operation.
5. No policy is acceptable if it contains an exclusion
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relating to occurrences in any manner arising out of the use of
alcoholic beverages.
d. If Permittee does not keep the insurance required by this
full paragraph 11 in full force and effect at all times during
term hereof, this contract shall immediately and automatically
terminate, and all rights and privileges granted hereunder to the
Permittee shall be extinguished thereby. It is expressly
understood
that no notice by the City is required to effect the termination
specified herein.
12. Inspection of Premises: Permittee agrees that the County, acting
acting through its authorized agents and employees, shall have
the right to enter upon the premises at any reasonable time to
inspect them.
13. Contract Notice: Any notice herein provided to be given
or which may be given by either party to the other, shall be deemed
to have been fully given when made in writting and deposited in the
j United States Mail, postage prepaid and addressed as follows:
! To the Permittee at: Historical Society
P.O. Box 1047
Atascadero, CA 93422
To the City at: City of Atascadero
P.O. Box 747
Atascadero, CA 93423
The address to which the notices shall or may be mailed as
aforesaid by either party shall or may be changed by written notice
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given by such party to the other as therein before provided, but
nothing herein contained shall preclude the giving of any such
notice by personal service.
14 . Waiver of Contract Terms: No waiver by City at any time
of any of the terms, conditions, or covenants of this permit
shall be deemed as a waiver at any time thereafter of the same
or of any other term, condition, or covenant herein contained,
nor of the strict and prompt performance thereof. No delay,
failure or omission of the City to re-enter the premises or to
exercise any right, power or privilege or option arising from
any default nor any subsequent acceptance of rent then or there-
after accrued shall impair any such right, power , privilege or
option or be constructed as a waiver of such. default or a
relinquishment of any right or any acquiescence therein. No
notice to Permittee shall be required to restore or revive time
as of the essence after the waiver by the City of any default.
No option, right, power, remedy or privilege of the City shall be
construed as being exhausted by the exercise thereof in one or
more instances. The rights, powers, options and remedies given
to the City by this permit shall be deemed cumulative.
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j 15. Modification of Permit: Not withstanding any of the
provisions of this permit, the parties may hereafter , by mutual
consent, agree to modifications thereof or additions thereto in
writting which are not forbidden by law. The City shall have the
right to grant reasonable extensions of time to Permittee for any
purpose for the performance of any obligation of Permittee here-
under .
16 . Assignment and Subleases: Permittee shall neither
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assign, sublease or otherwise convey any interest of any sort
granted by this permit to any person or persons, entity or
I entities whatsoever without prior written consent and approval by
the City. Any documant by which an interest is granted, subject
to the approval by the City, shall indicate that the person
acquiring that interest has been advised of all of the terms of
this permit and takes his interest subject to those terms and
conditions, and recognizes that upon termination of the interest
of Permittee granted by this permit, his interest shall also be
terminated. However, in the event of termination of this permit
the City at its sole option, may elect to treat any assignee,
subtenant, or holder of an interest conveyed by Permittee as the
City' s tenant, subject to the terms and conditions of this permit
and that entered into between the assignees, subtenant or holder
of an interest conveyed by Permittee.
Subject to the following qualifications:
1. That said designated person, persons, or entity demon-
strates to the satisfaction of the city that the person,
persons or entity is competent and qualified to operate
said museum pursuant to the provisions of this permit.
2. That said person, persons or entity first agree to assume
all the obligations, as set forth in this permit, and agree
to be bound by all the provisions hereof and the activities
and transactions with respect thereto.
3. That all of the matters reffered to in 1 and 2 above be
complied with within thirty (30) days, provided that .
said time limit may be extended by express written permission
of the City if good cause is shown therefore.
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17. Waiver of Claims: Permittee hereby waives any claims
against the City, its officers, agents or employees for damage or
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loss caused by any suit or proceeding directly or indirectly
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attacking the validity of this permit, or any part thereof or by
any judgment or award in any suit or proceeding declaring this
permit null, void or voidable, or delaying the same or any part
thereof from being carried out.
18. Actions: In event of any action or suit upon this
permit by City, if it shall prevail, shall be entitled to receive
reasonable attorney' s fees and all costs, disbursements and
expenses including administrative expenses.
19. Right of Entry as Agent: In any case in which provision
is made herein for the termination of this permit by the City or
in the case of abondonment or vacating of the premises by
Permittee, the City in lieu of declaring a forfeiture may enter
upon the premises. To such end, Permittee hereby irrevocable
appoints the City its agent to remove any and all persons or
property on said premises and place any such property in storage
for the account of and at the expense of Permittee.
20. Duration of Public Facilities: By entering into this
permit, the City makes no stipulation as to the type, size
location or duration or public facilities to be maintained at
said facility.
21. Time of Essence: Time shall be of the essence in the
performance of this permit.
22. Hazardous Substances: No goods, merchandise or material .
shall be kept, stored or sold in or on said premises which are in
any way explosive or hazardous; and no offensive or dangerous
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trade, business or occupation shall be carried on therein or
theron, and nothing shall be done in said premises, other than is
f� authorized which will in any way injure said premises or
structures; provided that nothing contained in this paragraph
shall preclude Permittee from bringing, keeping or using on or
about said premises such materials, supplies, equipment and
machinery as are appropriate or customary in carrying on its said
business. Gasoline and oils shall be stored, handled and dis-
pensed as required by present, or future regulations and laws.
23 . Nondiscrimination: Permittee and his employees shall
not discriminate because of race, sex, age, religion, color
national origin or marital status against any person refusing to
furnish such person any accomodation, facility, service or
privilege offered to or enjoyed by the general public. Nor shall
Permittee or its employees publicize the accomodations,
facilities, services or priveleges in any manner that would
directly or inferentially reflect upon or question the
I' acceptability of the patronage of any person because of race, sex,
age,religion,color, national origin or marital status.
In the performance of this permit, Permittee will not dis-
criminate against any employee because of race, sex, age,
religion, color, national origin, or marital status.
24. Independent Contractor : Permittee enters into this
agreement solely and exclusively as an independent contractor and
and only in capacity and not as a partner , employee or other
agent of the City. .
25. Paragraph Titles: The paragraph titles in this permit
are inserted only as a matter of convenience and for reference,
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and in no way define, limit or describe the scope or intent of
this permit or in any way affect this permit.
26. Permit Documents: The complete permit between the
parties hereto shall consist of the identified documents:
This permit titled "Use Permit" , Exhibit "A" , and Exhibit
"B" thereto,
27. Remedies not Exclusive: The use by either party of any
remedy specified herein for the enforcement of this permit is not
exclussive and shall not deprive the party using such remedy of
or limit the application of, any other remedy provided by law.
28 . Hours of Operation: Permittee shall, at all times when
such area is open to the public by Permittee, such times being
hereby limited to the hours of 8:00 A.M through 5:00 P.M. on
Monday through Saturday, and at no time during Holidays or Sundays,
except by special reservation on the same basis under the same
conditions currently offered to the general public desiring such
use. It is further understood by and between the parties hereto
that said premises shall be available to City on primary election
days, general election days or special election days.
29. Compliance of Rules and Regulations: Permittee agrees
and promises that it will comply with and observe all statutes,
ordinances, rules and regulations of the Federal, State, Municipal,
County or other public authority.
IN WITNESS WHEREOF, the parties hereto have caused these
present to be executed the day and year first written above.
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HISTORICAL SOCIETY USE PERMIT
APPROVED AS TO CONTENT:
AUL M. SENSIBAUGH ROLFT6. ELSON, Mayor
Director of Public Wo s/
City Engineer DATE : August 12, 19
APPROVED AS TO FORM: ! �;
ROBERT JONESt PERMITTEE
Interim City Attorney 60�
Permittee accepts the foregoing use permit subject to all of
the terms and conditions contained herein. Permittee acknowledges
that the permit will ecome operative until compliance is made
with p 11 elatZ' g to insurance.
PE RMI TTEE
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Building - CubZic
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FIRST FLOOR
tasivadets
INCORPORATED JULY-2, 1979
ADMINISTRATION BUILDING
POST OFFICE BOX 747
ATASCADERO, CALIFORNIA 93423
PHONE: (805) 466-8000
DATE:
TO:
FROM:
SUBJECT:
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CITY ATTORNEY FIRE DEPARTMENT
POLICE DEPARTMENT
P. O. BOX 749 6005 LEWIS AVENUE
ATASCADERO, CA 93423 (805) 466-8600 ATASCADERO, CA 93422
(805) 466-5678 (805) 466-2141