HomeMy WebLinkAboutCounty of San Diego; 2025-09-25; PSALCA-26006LIBPSALCA-26006LIB
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COUNTY OF SAN DIEGO LICENSE FOR USE OF PRIVATE FACILITIES AND PROPERTY This license agreement (“License”), dated for purposes of reference only, is entered into between the County of San Diego, a political subdivision of the
State of California (“County”), and the City of Carlsbad, a municipal corporation of the State of
California (“Licensor”). RECITALS
A. Licensor owns property located at Carlsbad City Library 1775 Dove Lane,
Georgina Cole Library 1250 Carlsbad Village Drive, Library Learning Center 3368 Eureka Place in Carlsbad, California as further described in Section 1 and EXHIBIT “A” DESCRIPTION OF PREMISES. County wishes to use a portion of the property for the temporary installation of a ballot drop box at each property location.
B. Licensor agrees to grant this License to County upon the following terms and conditions. LICENSE
1. Premises. County may use a portion of the Properties located at 1775 Dove Lane, 1250 Carlsbad Village Drive, 3368 Eureka Place, Carlsbad, California (“Premises”) as further described in EXHIBIT “A” DESCRIPTION OF PREMISES of this License.
2. Grant of License. Licensor hereby grants to County a non-exclusive license to use
the Premises solely for the Permitted Use (defined in Section 4) and subject to the terms and conditions set forth in this License.
3. Term. The term (“Term”) of this License shall commence upon execution of this
license (“Commencement Date”) and terminate December 6, 2025. This License can be
terminated by County or Licensor at any time by providing thirty (30) days prior written notice to the other party.
4. Use. County may use the Premises for the sole purpose of the temporary
installation of a ballot drop box and any maintenance or replacement of the ballot drop box
(“Permitted Use”).
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5. Access. County shall have access to the Premises at the following times:
Monday - Thursday All 9:00 a.m. - 7:00 p.m. Friday – Saturday All 9:00 a.m. - 5:00 p.m. Sunday, as specified Carlsbad City Library 1:00 p.m. - 5:00 p.m. Georgia Cole Library 1:00 p.m. - 5:00 p.m.
Library Learning Center closed
Election Day All 7:00 a.m. - 8:00 p.m. County shall not interfere with Licensor’s operations at the Property or Premises.
6. License. This License is not a lease and does not create or convey an easement or
any interest or estate in real property to County.
7. Licensor Entry. Licensor and any other party that Licensor grants permission to may enter the Property, including the Premises covered by this License, at any time during the
Term.
8. Insurance. Without limiting County indemnifications obligations to Licensor under this License, County shall provide and maintain, during the Term and for such other period as may be required herein, at its sole expense, insurance in the amounts and form specified below. Insurance shall be in the following forms of coverage and minimum amounts specified below, be
provided by insurance carriers with a Best’s Rating of not less than A, VII or a company of equal financial stability approved in writing by Licensor's Risk Management Division and remain in effect at all times during the Term. a. An occurrence policy of Commercial General Liability insurance including
Premises, Operations, Products and Completed Operations, Contractual Liability, and Independent Contractors Liability insuring County against liability for bodily injury, personal injury or property damage arising out of or in connection with County, their agents, representatives, employees or subcontractors performance of work or service under this License of not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) general
aggregate. Licensor, and Licensor's elected officials, officers, agents, employees, representatives, and volunteers (“Licensor's Parties”) shall be added as “Additional Insured” by separate endorsement to County's insurance (at least as broad as ISO form CG 2012).
b. Certificates of insurance provided by County must evidence that the
insurer providing the policy will give Licensor written notice of cancellation in accordance with the policy provisions. If County maintains broader coverage and/or higher limits than the minimums shown above, Licensor requires and shall be entitled to the broader coverage and/or higher
limits maintained by County. As a requirement of this License, any available insurance proceeds in excess of the specified minimum limits and coverage stated above, shall also be available to Licensor. Licensor shall retain the right to review the coverage, form and amount of insurance required in this License and may require County to obtain insurance
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reasonably sufficient in coverage, form and amount to provide adequate protection against the kind and extent of risk which exists at the time a change in insurance is required. Licensor retains the
right to demand a certified copy of any insurance policy required in this License, which shall be
provided by County within after fifteen (15) days’ notice days of receipt of a written Notice from Licensor. County may fulfill some or all the insurance requirements contained in this License under a plan of self-insurance. County shall only be permitted to use self-insurance if in the opinion of Licensor's Risk Management Division, County's (i) net worth, and (ii) reserves for
payment of the claims of liability against County are sufficient to adequately compensate for the
lack of other insurance coverage required by this License. County's use of self-insurance shall not in any way limit liabilities assumed by Licensor under this License. 9. County’s Indemnity. Pursuant to the provisions of Government Code Section
53069, County shall indemnify and hold harmless Licensor, its agents, employees and any lessees
or sublessees occupying the Premises (if any) from and against all liability, cost, and expense for loss of or damage to property and for injuries to or death of any person (including, but not limited to, the property and employees of each party hereto) proximately caused by County, its agents, employees, or invitees by reason of the Permitted Use, or from County’s breach of provision
hereof.
10. Licensor’s Indemnity. To the fullest extent permitted by law, Licensor shall defend and indemnify County and hold it harmless from and against all liability, cost, and expense for loss of or damage to property and for injuries to or death of any person related to this License
which arise from negligence or willful misconduct of Licensor or Licensor’s contractors, licensees,
invitees, agents, servants or employees. 11. Maintenance, Cleanup and Repair. County shall conduct its operations in an orderly manner and shall leave the Premises in as clean and good a condition as existed on the
Commencement Date, normal wear and tear excepted. County agrees to promptly repair any
damages to the Property directly caused by County, its employees, agents, or contractors during the Term of this License.
12. Storage. County shall not store or leave any personal property or equipment on or
in the Premises without obtaining prior written consent.
13. License on Site. County or County Parties shall possess a fully executed copy of this License any time County or County Parties enter the Property or use the Premises and must show a copy of this License to any representative of Licensor on demand.
14. Assignment. County shall not assign or transfer any interest in this License.
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15. Notices. Any notice required or permitted to be given pursuant to this License shall
be written and shall be effective (a) when personally delivered to the recipient; or (b) on the third
business day after being sent by the United States Postal Service, postage prepaid and addressed to the party as follows: If to County: County of San Diego
Department of General Services
Real Estate Services Division 5560 Overland Avenue Suite 410 San Diego, California 92123
If to Licensor: Suzanne Smithson, Director of Library & Cultural Arts City of Carlsbad Library 1775 Dove Lane Carlsbad, California 92011
16. Entire Agreement. This License and any exhibits attached to this License constitutes the entire agreement between Licensor and County with respect to the subject matter
contained in this License. All other representations, oral or written, are superseded by this License. Neither party is relying on any representation outside of this License. This License may be changed only by written amendment signed by Licensor and County. 17. Interpretation. This License shall be governed by the laws of the State of
California.
18. Corporation in Good Standing. If Licensor is a California corporation, Licensor warrants that it is a corporation in good standing and is currently authorized to do business in California.
19. Authority to Sign. Licensor represents and warrants that it has full power and authority to execute and fully perform Licensor’s obligations under this License without the need for any further action, and that the person executing this License on behalf of Licensor is the duly designated agent of Licensor and is authorized to act on behalf of Licensor.
THE REMAINDER OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK. THE SIGNATURES ARE ON THE FOLLOWING PAGE.
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Licensor and County have caused this License to be executed by their duly authorized representatives.
LICENSOR: COUNTY: CITY OF CARLSBAD, a municipal COUNTY OF SAN DIEGO, a political Corporation of the State of California subdivision of the State of California
By: ___________________________ By: ________________________________
GEOFF PATNOE, City Manager LIZ JOHNSON, on behalf of Marko Medved, P.E,. CEM, Director Department of General Services
Date: __________________________ Date: _______________________________
ATTEST:
For SHERRY FREISINGER, City Clerk
By:
Morgen Fry, Assistant City Clerk
APPROVED AS TO FORM:
For CINDIE K. McMAHON, City Attorney
By:
Anayeli Zavala, Deputy City Attorney
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EXHIBIT "A"
DESCRIPTION OF PREMISES Address: 1775 Dove Lane, Carlsbad, CA 92011 Carlsbad City Library
Upon entering through the main library entrance, the ballot box will be located on the right, tethered to the staircase on the 1st floor. The ballot drop box will be conveniently positioned near the information desk.
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EXHIBIT "A"
DESCRIPTION OF PREMISES Address: 1250 Carlsbad Village Drive, Carlsbad, CA 92008 Georgina Cole Library
When entering the main library entrance, ballot drop box will be directly forward/west of the front doors. The ballot drop box will be placed next to the circulation service desk, tethered to a metal column.
Service Desk
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EXHIBIT "A"
DESCRIPTION OF PREMISES
Address: 3368 Eureka Place, Carlsbad, CA 92008 Library Learning Center Upon entering the Library Learning Center, the ballot drop box will be located to
the left of the front doors, placed in the lobby area, and tethered to the facility’s staircase.
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