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HomeMy WebLinkAboutA8599 - AGUA CALIENTE BAND OF CAHUILLA INDIANSLICENSE AGREEMENT This License and Indemnification Agreement ("Agreement") is entered into this 1 5*day of September 2020 ("Effective Date") by the City of Palm Springs (the "City") and the Agua Caliente Band of Cahuilla Indians, a federally recognized Indian tribe (the "Tribe") on the other hand, with respect to the City's use of real property that the Tribe owns in fee, and associated improvements and landscaping, for purposes of a fire training exercise. 1. The Tribe is the owner of that certain real property consisting of two parcels totaling 11,761 square feet and associated improvements and landscaping (the "Improvements") located at 495 N. Calle Santa Rosa, as further described on attached Exhibit "A" (the "Property"). 2. The Tribe desires to demolish and remove the Improvements from the Property. It is willing to have the City utilize the Property and the Improvements for fire training exercises which would entail compromise of the roof structures and interior damage as a result of "search and rescue" training and the use of smoke or fire, such as the use of smoke bombs or controlled fire which may result in the substantial damage of said Improvements (the "Training Exercise"), and hereby grants the City subject to the terms of this Agreement, a non-exclusive revocable license to enter the Property for this purpose as set forth below for the period commencing on the Effective Date and ending at the conclusion of the Training Exercise as set forth below (the "License Term"). The Tribe reserves its right to revoke the license granted hereunder for any reason and at any time during the License Term. 3. The City desires to utilize the Property and Improvements for the Training Exercise during the License Term. The duration of the Training Exercise will occur between September 21, 2020 and October 9, 2020. This is acceptable to the Tribe. The City shall notify the Tribe prior to the commencement of any controlled burn and coordinate on scheduling the same. 4. Because of the nature of the training activities to be performed in conjunction with this Agreement, the City cannot and do not make any representations with respect to the condition of the Improvements or the Property following completion of the Training Exercise. The Tribe acknowledges that upon such completion, the City shall not be required to make any repair to any of the Improvements, and that the City shall not be responsible for removal of any waste, debris or rubble from the Property, and any such removal shall be the responsibility of the Tribe; provided, however, the City shall board and secure the Property and Improvements after each Training Exercise and at the culmination of all Training Exercises to prevent unauthorized entry and/or use of the Property and Improvements. 5. The City hereby releases, discharges, and agrees to protect, defend, indemnify and hold harmless the Tribe, its Tribal Council and each member thereof, and its officers, employees, and agents from any and all liability, damages, claims, suits, liens and judgments, of whatever nature, including, but not limited to, injury, death or damage to any person or property directly or indirectly arising from (i) the City's access to or use of the Property for its Training Exercises, or (ii) any breach or violation of this Agreement by City in any material respect. Notwithstanding the foregoing, the City shall not be responsible for the negligence or willful misconduct of the Tribe. The provisions of this Section 5 shall survive the revocation of the license granted hereunder or expiration of this Agreement. 6. The City shall secure and maintain in full force and effect at all times during the License Term and at its sole expense: (i) general liability; (ii) automobile/vehicle; and (iii) workers compensation insurance in the amount limit and extent of coverage as set forth in Certificate of Coverage incorporated by reference into this Agreement and attached as Exhibit "B", for the purpose of indemnifying and insuring the Tribe against any liability as to any injury, damage or loss herein before specified or in any way incident to the use of the Property. The Tribe shall be named as an additional insured in any such policy. 7. This document constitutes the entire agreement between the parties with respect to the Training Exercise. No amendment or modification of this Agreement shall be valid unless in writing and signed by the parties. This Agreement shall be construed in accordance with the laws of the State of California. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 8. The Tribe enters into this Agreement voluntarily. Nothing in this Agreement creates an employment relationship, partnership, or venture between the City and the Tribe, nor does this Agreement create a relationship of landlord and tenant or any other association between the City and the Tribe. [SIGNATURES ON THE FOLLOWING PAGE] IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date set forth above. Agua Caliente Band of Cahuilla Indians, a federally recognized Indian tribe By: 0, q , L. Reid D. Milanovich Vice Chairman, Agua Caliente Band of Cahuilla Indians City of Palm Springs, a Charter City and Municipal Corporation By: David H. Ready City Manager APPROVED AS TO FORM: By: Jeff al ' g r City Attorney APPROVED BY = WNER iL EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Parcel 1: That Portion Of Block 80 As Shown On The Official Plat Of The Survey On File In The Bureau Of Land Management In Section 14, Township 4 South, Range 4 East, San Bernardino Base And Meridian, in the City of Palm Springs, County of Riverside, State of California And More Particularly Described As Follows: Beginning At A Point On The North Line Of Said Section 14 That Bears South 89' 59'00" East, 703.00 Feet From The Northwest Corner Thereof; Thence South 000 14' 00" East And Parallel With The West Line Of Said Section14, 40.00 Feet To The True Point Of Beginning; Thence Continuing South 00' 14' 00" East, 50.00 Feet; Thence South 890 59'00" East 125.00 Feet; Thence North 000 14' 00" West, 50.00 Feet; Thence North 89' 59'00" West, 125.00 Feet To The True Point Of Beginning; Said Land Is Also Described As Lot 2 On The "Ferguson Map" On File In The Bureau Of Indian Affairs At Palm Springs, California. Parcel 2: That Portion Of Block 80 As Shown On The Official Plat Of The Survey On File In The Bureau Of Land Management In Section 14, Township 4 South, Range 4 East, San Bernardino Base And Meridian, in the City of Palm Springs, County of Riverside, State of California And More Particularly Described As Follows: Beginning At A Point On The North Line Of Said Section 14 That Bears South 89' 59'00" East, 703.00 Feet From The Northwest Corner Thereof; Thence South 00' 14' 00" East And Parallel With The West Line Of Said Section 14,90.00 Feet To The True Point Of Beginning; Thence Continuing South 00° 14' 00" East, 50.00 Feet; Thence South 890 59'00" East 125.00 Feet; Thence North 00' 14' 00" West, 50.00 Feet; Thence North 890 59'00" West, 125.00 Feet To The True Point Of Beginning. Said Land Is Also Described As Lot 7 On The "Ferguson Map" On File In The Bureau Of Indian Affairs At Palm Springs, California. EXHIBIT B CERTIFICATE OF COVERAGE Municipal Insurance Cooperative CERTIFICATE OF COVERAGE Issue Date 9/14/2020 Safely National Casualty Corporation ADMINISTRATOR: LICENSE # 0451271 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY Keenan & Associates AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 2355 Crenshaw Blvd., Suite ZOO CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE Torrance, CA 90501 AFFORDED BY THE COVERAGE DOCUMENTS BELOW. ENTITIES AFFORDING COVERAGE: 310-7k 2-0363 www. eenan.com ENTITYA: Municipal Insurance Cooperative ENTITY B: Safety National Casualty Corporation COVERED PARTY: City of Palm Springs 3200 E Tahquitz Canyon Way ENTITY c: Affiliated FM Insurance Company P Y Palm Springs CA 92263 ENTITY D: ENTITY E: THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED PARTY NAMED ABOVE FOR THE PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED HEREIN IS SUBJECT TO ALL THE TERMS AND CONDITIONS OF SUCH COVERAGE DOCUMENTS. MEMBER ENT LTR TYPE OF COVERAGE COVERAGE DOCUMENTS EFFECTIVE/ EXPIRATION DATE RETAINED LIMIT ! DEDUCTIBLE LIMITS A GENERAL LIABILITY COMBINED SINGLE LIMIT EACH OCCURRENCE [ GENERAL LIABILITY! MADE OCCURRENCE MIC-20210007 7/1/2020 $ 650,000 $ 1,000,000 [ 1[CLAIMS (v/ [ 3/j GOVERNMENT CODES 7/1/2021 ERRORS & OMISSIONS [I A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT EACH OCCURRENCE ( 4ANY AUTO MIC-20210007 7/1/2020 $ 1,000,000 $ 1,000,000 [ ]HIREDAUTO [ ] NON -OWNED AUTO 7/1/2021 [ ] GARAGE LIABILITY [ ]AUTO PHYSICAL DAMAGE PROPERTY $ $ [ ] ALL RISK EACH OCCURRENCE [ ] EXCLUDES EARTHQUAKE & FLOOD [ J BUILDER'S RISK STUDENT PROFESSIONAL LIABILITY $ $ EACH OCCURRENCE WORKERS COMPENSATION [ ] WC STATUTORY LIMITS OTHER [ ] EMPLOYERS' LIABILITY $ $ 1,000,000 E.L. EACH ACCIDENT 000,,000 EX ESS WORKERS COMPENSATION $ 1000000 11000,000 B I EMPLOYERS'LIABILITY SP4063263 7/1/2020 E.L. DISEASE EMPLOYEE 7/1/2021 $ 1,000,000 E.L. DISEASE - POLICY LIMITS OTHER $ DESCRIPTION OF OPERATIONS(LOCATIONSNEH[CLESIRESTRICT10NS1SPECIAL PROVISIONS: As respects to the Land Use Agreement between the Ague Caliente Band of Cahuilla Indians and the City of Palm Springs Certificate holder Is included as Additional Insured as per written contract. CERTIFICATE HOLDER: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Aggua Caliente Band of Cahuilla Indians THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN cro F. T. Kieley III ACCORDANCE WITH THE POLICY PROVISIONS Risk Management Consultant P.O. Box 3275 Palm Springs CA 92263-3275 John Stephens AUTHORIZED REPRESENTATIVE vw.aCer�e0n8namm 57520940 I PALMSPRC I Master Certificate 202D-2021 $10K I Melissa Gomez 1 9/14/2020 8:32:35 AM (PDT) I Page 1 of 5 This certificate cancels and supersedes ALL previously issued certificates. DISCLAIMER The Certificate of Coverage on the reverse side of this form does not constitute a contract between the Issuing entity(les), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the coverage documents listed thereon. �W,y,1md - 57520948 PALMBPAC 1 Master certificate 2020-2021 $10M I Melissa Gomez 19/14/2020 8:32:35 AM (PDT) I Page 2 of 5 This certificate cancels and supersedes ALL previously issued certificates. MUNICIPAL INSURANCE COOPERATIVE ENDORSEMENT NO. 7 ADDITIONAL INSURED ENDORSEMENT It is agreed that the person or organization named on the Certificate of Coverage is included as an Additional Insured, but only with respect to liability arising out operations performed by or on behalf of the covered agency or facilities owned or used by the covered agency. The coverage afforded by this memorandum to additional insureds shall be no broader and for no higher limit of liability than that which is required by the contract between a covered agency and the Additional Insured. Pursuant to the contract between the covered agency and the Additional Covered Party, coverage under this Memorandum shall be primary and coverage maintained by the Additional Covered Parry's shall not be asked to contribute in the event of a covered claim, which occurs subsequent to the execution of the aforementioned contract. Additional Insured: Agua Caliente Band of Cahuilla Indians, its Employees and Agents c/o F.T. Kieley III, Risk Management Consultant P.O. Box 3275 Palm Springs, CA 92263-3275 As Respects: As respects to the contract between the City of Palm Springs and Agua Caliente Band of Cahuilla Indians. Agua Caliente Band of Cahuilla Indians, its Employees and Agents are included as additional insured, as per written contact. It is further agreed that nothing herein shall act to increase the Cooperative's limit of liability. This endorsement is part of the Memorandum and takes effect on the effective date of the Memorandum unless another effective date is shown below. All other terms and conditions remain unchanged. Effective Date: September8, 2020 Issued to: City of Palm Springs tX4101J Leslie Delozier, MIC JPA Manager Authorized Representative Memorandum No.: MIC-20210007 Issue Date: September 14, 2020 Cc 2017 Keenan & Associates. All Rights Reserved. 57520948 I PALMSPRC I Master Certificate 2020-2021 $30M I Melissa Gomez 1 9/14/2020 8:32:35 AM (PUT) j Page 3 of 5 This certificate cancels and supersedes ALL previously issued certificates. 1015 00 1209 (XWC) ENDORSEMENT # 001 GENERAL CHANGE ENDORSEMENT - SPECIFIC EXCESS Effective 12:01 A.M., Local Time, September 08, 2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ❑ Item 1 — Employer ❑Item 8(a) — Maximum Limit of Indemnity Per Occurrence Address ❑ Item 2 — States ❑Item 8(b) — E.L. Maximum Limit of Indemnity Per Occurrence ❑ Item 3 — Effective Date ❑Item 9 — Premium Rate ❑ Item 4 — Anniversary Date ❑ Item 10 — Minimum Premium for the Liability Period ❑ Item 5 — Service Company ❑ Item 11 — Deposit Premium for the Payroll Reporting Period ❑ Item 6 — Manual Premium/Exp. Mod/Standard Premium ❑Item 12 — Payroll Reporting Period ❑ Item 7 — Self -Insured Retention Per Occurrence X❑Item 13 — Endorsements Is amended to Include: Endorsements: 0275, WAIVER OF SUBROGATION - NEGLIGENCE EXCLUDED All other terms, conditions, agreements and stipulations remain unchanged. Attached to and forming a part of Excess Workers' Compensation and Employers' Liability Insurance Agreement No. SP 4063263, issued by SAFETY NATIONAL CASUALTY CORPORATION of St, Louis, Missouri to CITY OF PALM SPRINGS, dated July 01, 2020. Secretary Countersigned this day of By: N/A SAFETY NATIONAL CASUALTY CORPORATION < � � r, -�� #, //. - L,., - President 57520948 PALl48PRC Master certificate 2020-2021 $IOM I Melissa Gomez 1 9/14/2020 8:3205 AM (PDT) I Page 9 of 5 This cer ificate cancels and supersedes ALL previously issued certificates. 0275 00 0908 (XWC) ENDORSEMENT WAIVER OF SUBROGATION - NEGLIGENCE EXCLUDED In consideration of the payment of premium and adherence by both parties to the terms of this Agreement, it is hereby understood and agreed as follows: The RECOVERY FROM OTHERS section of this Agreement shall recognize any "waiver of subrogation" executed by the EMPLOYER in favor of the below listed third parties, and such RECOVERY FROM OTHERS section shall be waived only to the extent of the actual terms, conditions and legality of the executed 'waiver', unless the damage or injury is based upon the sole or concurrent, active, negligent participation of the below listed third party(ies). Waiver in favor of: AGUA CALIENTE BAND OF CAHUILLA INDIANS, ITS EMPLOYEES AND AGENTS C/O F. T. KIELEY III RISK MANAGEMENT CONSULTANT P. 0. BOX 3275 PALM SPRINGS, CA 92263-3275 Effective Date: SEPTEMBER 08, 2020 Job Description: FIRE DEPARTMENT TRAINING EXERCISES IN CERTAIN REAL PROPERTY OWNED BY THE AGUA CALIENTE BAND OF CAHUILLA INDIANS ("TRIBE"). Length of Contract: SEPTEMBER 08, 2020 THROUGH JUNE 30, 2021 All other terms, conditions, agreements and stipulations remain unchanged. Attached to and forming a part of Excess Workers' Compensation and Employers' Liability Insurance Agreement No. SP 4063263, issued by SAFETY NATIONAL CASUALTY CORPORATION of St. Louis, Missouri to CITY OF PALM SPRINGS, dated July 01, 2020. Endorsement No. 0275 00 0908 (XWC) SAFETY NATIONAL CASUALTY CORPORATION 4/,W #-A-x, President 4A Secretary 57520948 I PALM"RC I Master Certificate 2020-2021 $ION I Melissa Gomez 19/14/2020 8:32:35 AM (PDT) I Page 5 of 5 This certificate cancels and supersedes ALL previously issued certificates.