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Home My WebLink AboutGilroy Downtown Business Association - Trailer Parking License Agreement TRAILER PARKING LICENSE AGREEMENT This TRAILER PARKING AGREEMENT (the "Agreement") is made for reference purposes this .c.J. S"-f~ day of 0<: tc \.;c.~ ,2011, by and between The City of Gilroy ("Licensor") and the Gilroy Downtown Business Association, a California corporation ("Licensee"). 1) License. Licensor hereby gives to Licensee a non-transferable right, subject to the terms set forth herein, for the use of and right to store one (1) portable storage/utility trailer (the "Trailer") in a parking-space to be designated by Licensor located at Licensor's real property located in Gilroy, California, commonly referred to as 7370 Rosanna Street, Gilroy, California (the "Property"). 2) Month-to-Month Term. The "Term" ofthis Agreement shall continue a month-to month basis, and may be terminated by Licen~or or Licensee upon one (1) calendar month's prior written notice. 3) Licensor's Remedies. In the event of any default by Licensee hereunder, Licensor, in addition to having the right to immediately revoke this License without serving notice to Licensee, shall have the immediate right to remove from the Property Licensee and any persons claiming rights under Licensee and their property. Licensee agrees to reimburse Licensor immediately upon demand for the expenses and costs, including, without limitation, reasonable attorneys' fees,\vhich Licensor may incur in effecting compliance with this License on behalf of Licensee. 4) Licensee Covenants. Licensee agrees that it shall, at its sole cost and expense: a) At all times observe and comply with all laws, otdinances, rules, regulations and code requirements, as well as any rules and requirements of Licensor pertaining to the Property. b) Deliver to Licensor an original signed Certificate ofInsurance or certified duplicate liability insurance upon execution of this Agreement by Licensee; naming Licensor (or any successor), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Licensor as the interest of such designees shall appear, as additional insureds, with the coverages designated by Licensor in its discretion. c) Inderimify, defend, and hold harmless Licensor from and against all losses, liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including reasonable attorneys' fees which may be imposed upon or incurred by or asserted against Licensor and arising out of or in connection with the Trailer or this License or its use of the Property. d) Conduct its business and control its agents, employees, and invitees in such a manner so as not to create any nuisance, interfere with, annoy, or disturb occupants or invitees of the Property. 5) Waiver of Subrogation. The parties hereby intend that the risks of loss, damage, and injury in connection with this License are to be allocated as far as possible to insurance. Therefore, Licensor and Licensee each waive, and shall cause their respective insurance carriers to waive, all claims, actions, causes of action and demands against each other and their respective trustees, principals, beneficiaries, partners, officers, directors, agents and employees, for any loss, damage or injury to business, persons or property of any kind or nature, to the extent such loss, damage, or injury is compensated by insurance or required to be insured under this License. 6) Limitation of Licensor's Liability. LICENSOR SHALL HAVE NO LIABILITY FOR LOSS OR DAMAGE TO THE TRAILER OR ANY OTHER ITEMS STORED IN THE TRAILER UNLESS DUE TO LICENSOR'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 7) Assignment. Licensee shall not assign, transfer or encumber this Agreement or grant any other right of use or occupancy of the Property by any party other than Licensee without the sole prior written consent of Licensor, in Licensor's sole and absolute discretion. 8) Miscellaneous. a) If any term or provision of this License shall, to any extent, be invalid or unenforceable, the remainder of this License shall not be affected, and each term and provision of this License shall be valid and enforced to the fullest extent permitted by law. This Agreement may be modified only in writing by Licensor and Licensee. b) This License and the rights and obligations of the parties shall be interpreted, cQnstrued, and enforced in accordance with the laws of the state of California. c) Notwithstanding anything to the contrary contained in this License, the expiration or revocation of this Agreement, shall not relieve Licensee from Licensee's obligations accruing prior to the expiration or revocation and such obligations shall survive any such expiration or revocation. IN WITNESS WHEREOF, Licensor and Licensee have executed this Agreement as of the day and year first above written. LICENSEE: GILROY DOWNTOWN BUSINESS ASSOCIATION, a California corporation By: Its: ITMORELLI855555.2 102111-04706002 LICENSOR: a Its: 2 ~ OP 10: PC ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 09/28/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 626-405-8031 CONTACT NAME: Chapman 626-405-0585 r..tJ8NJo Ext': I FAX . iAic. Nol: License #0522024 E-MAIL P. O. Box 5455 ADDRESS: Pasadena, CA 91117-0455 :;~~~~~~~ 10 #: GILRO-1 INSURER(S) AFFORDING COVERAGE NAIC# INSURED Gilroy Downtown Business INSURER A: Nonprofits' Insurance Alliance NIAC Association INSURER B : P.O. Box 2310 INSURER C : Gilroy, CA 95021 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE (~~TJ%~l I (~~TJ%~, LIMITS LTR POLICY NUMBER GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 r- ~~~~~~~ Y~~~~~~nce) 500,000 A X COMMERCIAL GENERAL LIABILITY X 201108723NPO 08/11/11 08/11/12 $ - ::=J CLAIMS-MADE [K] OCCUR 20,000 - MED EXP (Anyone person) $ PERSONAL & ADV INJURY $ 1,000,000 - 3,000,000 X Liquor Liab GENERAL AGGREGATE $ - 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ I POLICY n P'~PT n LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ - (Ea accident) A ~ ANY AUTO 201108723NPO 08/11/11 08/11/12 1,000,000 BODILY INJURY (Per person) $ ~ ALL OWNED AUTOS BODILY INJURY (Per accident) $ X SCHEDULED AUTOS PROPERTY DAMAGE - $ X HIRED AUTOS (Per accident) - X NON-OWNED AUTOS $ - $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ r-- EXCESS L1AB CLAIMS-MADE AGGREGATE $ f-- DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION I WCSTATU-, I IOTH- AND EMPLOYERS' LIABILITY TORY LIMITS ER YfN ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) EL. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule. if more space is required) City of GilroX' its officers and employees are named additional insured with respects to he operations of the named insured. CERTIFICATE HOLDER CANCELLATION CITYGIL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Gilroy ACCORDANCE WITH THE POLICY PROVISIONS. 7351 Rosanna Street Gilroy, CA 95020 AUTHORIZED REPRESENTATIVE ~ I ACORD 25 (2009/09) @1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD