HomeMy WebLinkAbout*AGMT - Orange, County of (Sheriff Firing Range) •
Project: License w ith City of Seal Beach
2 Project Location: Sheriff Firing Range License
Project File No.: PM 1227 - 19 -
4
SHERIFF FIRING RANGE LICENSE
6
8 This License, "License ", is made �D ` , 20 D3 by and between the
County of Orange, as LICENSOR, herein fter referred to as "COUNTY," and the City of
10 Seal Beach, hereinafter referred to as "LICENSEE ", without regard to number and gender.
17 RECITALS
14 WHEREAS, LICENSEE desires the use of a convenient and suitable facility for proficiency
training and qualification of its personnel in firearms use.
16
WHEREAS, COUNTY owns a duly licensed firearms License Area known as the Katella
18 Firing Range, which meets or exceeds LICENSEE's training needs.
20 NOW, THEREFORE, in consideration of the mutual covenants, benefits and promises
contained herein, COUNTY hereby grants to LICENSEE a non - exclusive right to use
22 specified portions of this facility on the terms and subject to the conditions and agreements
as follows:
24
1. DEFINITIONS (PML2.1 N)
26
The following words in this License have the significance attached to them in this clause,
28 unless otherwise apparent from context:
30 "PREMISES" means the Katella Firing Range, delineated by range bays, characterized by
live ammunition training, located at 1900 West Katella Avenue, Orange, CA 92867, and
32 the Mobile Pistol Range located at #11 Journey, Aliso Viejo, CA., which areas may be
more particularly defined and described by the SHERIFF.
34
"LICENSE AREA" means the portion(s) of PREMISES authorized for LICENSEE's use.
36
"COUNTY" shall mean the Board of Supervisors of the County of Orange, a political
38 subdivision of the State of California, and a political body that executed this agreement.
40 . "SHERIFF" means the Sheriff- Coroner, County of Orange, or his designee.
42 "CAPTAIN" means the Captain in charge of PREMISES, and designee of SHERIFF.
•
•
"LICENSEE" means the named institutional user, as disclosed by this agreement, together
2 with all its staff or any students entering the License Area under rights granted it in this
License agreement.
4
2. TERM (PML3.1 S)
6
This License shall become effective upon the date first above written. Said License shall
8 continue in effect until terminated as provided in the termination clause (TERMINATION) of
this License or until five (5) years from the date first written, whichever occurs first.
10
3. TERMINATION (PML3.2 N)
•
12
This License shall be revocable by either COUNTY or LICENSEE at any time; however, as
14 a courtesy to LICENSEE, COUNTY will attempt to give thirty (30) days written notice to
LICENSEE upon revocation.
16
4. LICENSE AREA (PML4.1 N)
18
COUNTY grants to LICENSEE the non - exclusive right to use the Law Enforcement and
20 Public Range, Restrooms and Lounge areas only of the PREMISES, hereinafter referred
to as "LICENSE AREA ", and shown on a map attached as "Exhibit A" of this License, and
22 incorporated by reference herein. LICENSEE shall have free and in common use of the
parking areas shown on Exhibit A.
24
5. RENT (PML6.2 N)
26
LICENSEE agrees to pay COUNTY all pertinent rents in accordance with the rental rates
28 described in Section 3 of Appointment Verification attached as "Exhibit B" of this License,
and incorporated by reference herein. Qualifying times for the use of authorized portions of
30 the LICENSE AREA shall be determined by the SHERIFF. The number of persons
comprising LICENSEE's user group, hereinafter "User Group ", shall be determined by the
32 SHERIFF, as SHERIFF, in his sole discretion, may deem appropriate under the
circumstances.
34
SHERIFF reserves the right, at any time, to pro -rate, reduce, increase, or waive such rent
36 based on one or more of the following factors: :
38 (1) The proposed use or operation of the License Area or any portion thereof by or for
LICENSEE shall be unduly burdensome on such facilities;
40
(2) LICENSEE's proposed use or the date and time of such use of the License Area
42 requires additional or unique services to be performed or provided by SHERIFF
44 (3) LICENSEE shall provide certain offsetting services or tangible benefits to SHERIFF or
the County of Orange; or
IcKFRsb 2 City of Seal Beach
02/20/03 : 10:42 AM File No.: PM 1227 -19 -5
2 (4) There are new, unexpected or increased (or decreased) costs and expenses incurred
by SHERIFF in operating the License Area.
4
However, at no time shall rent be increased to more than $50 per hour per bay for training
6 use, or $12 per qualifying officer for qualifying use.
s In the event such rent adjustments becomes necessary, LICENSEE will be given sixty (60)
days prior written notice of any increased amounts.
10
6. PROCESSING FEE (N)
12
Upon approval by COUNTY of this License, LICENSEE shall pay to COUNTY a
14 processing fee of $1,000 for issuance of this License. Said processing fee is deemed
earned by COUNTY and is not refundable. COUNTY shall provide LICENSEE with an
16 invoice for processing fee and LICENSEE shall promptly pay the total processing fee
amount within thirty (30) days after receipt of invoice.
18
7. USE AND SCHEDULING (PML5.1 N)
20
LICENSEE's and User Group's use of the LICENSE AREA shall be during those days and
22 times pre- arranged and designated by mutual agreement between LICENSEE, acting
through and represented by the Chief of Police, Seal Beach Police Department or his
24 designee, and COUNTY, represented by the SHERIFF or his designee.
26 At the option of LICENSEE, SHERIFF shall provide written confirmation of the agreed
upon date and time of use of the LICENSE AREA in the form of an APPOINTMENT
28 VERIFICATION, a copy of which is attached as "Exhibit B" and incorporated by reference
herein. Where an APPOINTMENT VERIFICATION is required, it may be prepared by
30 SHERIFF's personnel on duty at the LICENSE AREA, and transmitted by mail, fax, or
making a copy available for LICENSEE to pick -up at the PREMISES.
32
LICENSEE's and User Group's use of the LICENSE AREA shall be limited to the confines
34 of the specific area identified above, and shall be restricted to the terms of this License and
the GENERAL CONDITIONS attached hereto and by reference incorporated herein.
36
At all times LICENSEE is conducting firearms training at the LICENSE AREA, LICENSEE
38 shall have present and supervising its operations, a Certified Rangemaster, Weapons
Instructor or other Safety Officer with firearms training and experience adequate, in the
40 sole discretion of SHERIFF, to serve in that capacity (i.e., NRA, FBI or P.O.S.T.
Certification or other recognized training certification). LICENSEE is not required to have
42 a Certified Rangemaster, or any other Safety Officer present during individual officer
qualifications.
44
IcKFRsb 3 City of Seal Beach
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. • .
LICENSEE agrees not to use the LICENSE AREA for any other purpose nor to engage in
2 or permit any other activity within or from the LICENSE AREA. LICENSEE further agrees
not to conduct or permit to be conducted any public or private nuisance in, on, or from the
4 LICENSE AREA, not to commit or permit to be committed waste on the LICENSE AREA,
and to comply with all governmental laws and regulations in connection with its use of the
6 ! LICENSE AREA.
• 8 8. SAFETY PRECAUTIONS
10 LICENSEE and LICENSEE's User Group shall use all safety precautions customarily used
by law enforcement officers when engaged in activities of the type for which LICENSEE
12 uses LICENSE AREA, and LICENSEE and LICENSEE's User Group shall follow all such
additional safety precautions as may be prescribed by SHERIFF.
14
9. LIMITATION OF THE LICENSE (PML13.2 N)
16
This License and the rights and .privileges granted LICENSEE in and to the LICENSE
18 AREA are subject to all covenants, conditions, restrictions, and exceptions of record or
apparent. This includes, but is not limited to, on -site verbal instructions communicated to
20 LICENSEE and LICENSEE's User Group by SHERIFF's personnel on duty at the
LICENSE AREA.
22
Nothing contained in this License or in any document related hereto shall be construed to
24 imply the conveyance to LICENSEE of rights in the LICENSE AREA which exceed those
'-owned by COUNTY.
26
10. NOTICES (PML14.1)
28
Except as provided in Clause (USE AND SCHEDULING), all notices pursuant to this
30 License shall be addressed as set forth below or as either party may hereafter designate
by written notice and shall be sent through the United States mail in the State of California
32 duly registered or certified with postage prepaid. If any notice is sent by registered or
certified mail, as aforesaid, the same shall be deemed served or delivered twenty -four (24)
34 hours after mailing thereof as above provided. Notwithstanding the above, COUNTY may
also provide notices to LICENSEE by personal delivery or by regular mail and any such
36 notice so given shall be deemed to have been given upon receipt.
38 I TO: COUNTY TO: LICENSEE
40 Orange County Sheriffs Dept. City of Seal Beach Police Department
320 N. Flower St., Suite 108 911 Seal Beach Blvd
42 Santa Ana, CA 92703 Seal Beach, CA 90740
Attn: Real Property Agent Attn: Sgt. Jim Johnson
lcKFRsb 4 City of Seal Beach
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• •
Telephone: (714) 834 -5233 Telephone (562) 799 -4127
2 Fax (714) 493 -0634
4
6 11. ATTACHMENTS TO LICENSE (PML15.1)
8 This License includes the following, which are attached hereto and made a part hereof:
to I. GENERAL CONDITIONS
12 II. EXHIBITS
Exhibit A — Location Map
14 Exhibit B — Fire Range Appointment Verification Form
16 /1 •
/1
18 //
1cKFRsb 5 City of Seal Beach
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IN WITNESS WHEREOF, the parties have executed this License as of the day and year
first written above.
4 COUNTY LICENSEE
6 APPROVED AS TO FORM: The City of Seal Beach
8 County Co sel
to �� 4f/
By: /�� . i /I-.�� By: • i� D
m� n B. Ba ors 1
Iry
14 Date: T„+ City Manager
16
RECOMMENDED FOR APPROVAL: Date: March 24 2003 x
18
Sheriff - Coroner
20 Real Property Services
22 By: ii
24
SIGNED AND CERTIFIED THAT A COPY
26 OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIR OF THE BOARD OF
28 SUPERVI ORS ^^ //
30 fi I 27C &... Jv
4iarlene J. Bloom
32 Clerk of the Board of Supervi=cc ' ',° y
Orange County, California .
34 94rro�4,
COUNTY OF ORANGE
36
38
4o B : I Y�RAA�1,
Y
Chair, Board of Supervisors
42
44
1cKFRsb 6 City of Seal Beach
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ID • ,
2 ! GENERAL CONDITIONS
4 1. LICENSE ORGANIZATION (PMLG3 S)
6 The various headings and numbers herein, the grouping of provisions of this License
into separate clauses and paragraphs, and the organization hereof, are for the purpose
8 of convenience only and shall not be considered otherwise.
10 2. AMENDMENTS (PMLG4 S)
12 This License is the sole and only agreement between the parties regarding the subject
matter hereof; other agreements, either oral or written, are void. Any changes to this
14 License shall be in writing and shall be properly executed by both parties. -
16 3. INSPECTION (PMLG6 N)
18 COUNTY or its authorized representative shall have the right at all times to inspect the
operation to determine if the provisions of this License are being complied with.
20
4. INDEMNIFICATION (PMLG7 S)
22
LICENSEE hereby waives all claims and recourse against COUNTY including the right
24 of contribution for loss or damage of persons or property arising from, growing out of, or
in any way connected with or related to this License except claims arising from the
26 concurrent active or sole negligence of COUNTY, its officers, agents, and employees.
LICENSEE hereby agrees to indemnify, hold harmless, and defend COUNTY, its
28 officers, agents and employees against any and all claims, losses, demands, damages,
costs, expenses, or liability costs arising out of the operation, use, or maintenance of the
30 property described herein, and /or LICENSEE's exercise of the rights under this License,
except for liability arising out of the concurrent active or sole negligence of COUNTY, its
32 officers, agents, or employees, including the cost of defense of any lawsuit arising
therefrom.
34
In the event COUNTY is named as co- defendant, LICENSEE shall notify COUNTY of
36 such fact and shall represent COUNTY in such legal action unless COUNTY undertakes
to represent itself as co- defendant in such legal action, in which event LICENSEE shall
38 pay to COUNTY its litigation costs, expenses, and attorney's fees. In the event
judgment is entered against COUNTY and LICENSEE because of the concurrent active
40 negligence of COUNTY and LICENSEE, their officers, agents, or employees, an
apportionment of liability to pay such judgment shall be made by a court of competent
42 jurisdiction. Neither party shall request a jury apportionment.
44 5. PARTIAL INVALIDITY (PMLG9 S)
46 If any term, covenant, condition, or provision of this License is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the
48 provisions hereof shall remain in full force and effect and shall in no way be affected,
impaired, or invalidated thereby.
50
52
1cKFRsbGC - 1 - City of Seal Beach
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2 6. WA IVER OF RIGHTS (PMLG10 S)
4 The failure of COUNTY to insist upon strict performance of any of the terms, covenants,
or conditions of this License shall not be deemed a waiver of any right or remedy that
6 COUNTY may have, and shall not be deemed a waiver of the right to require strict
performance of all the terms, covenants, and conditions of the License thereafter, nor a
8 waiver of any remedy for the subsequent breach or default of any term, covenant, or
condition of the License. Any waiver, in order to be effective, must be signed by the
10 party whose right or remedy is being waived.
12 7. CONDITION OF LICENSE AREA UPON TERMINATION (PMLG12 N)
14 Except as otherwise agreed to herein, upon termination of each training session
scheduled under this License, LICENSEE shall redeliver possession of said LICENSE
16 ! AREA to COUNTY in substantially the same condition that existed immediately prior to
LICENSEE's entry thereon, with the exception of reasonable wear and tear.
18
8. DAMAGE TO PROPERTY
20
Should any damage or injury to LICENSE AREA or other COUNTY property occur as a
22 ! result of use of LICENSE AREA by LICENSEE, its agents, guests or employees,
LICENSEE shall immediately, upon written demand by SHERIFF, restore such property
24 to the condition of same on the date of the occurrence of said damage or injury, at
LICENSEE's cost or expense. SHERIFF, whose determination shall be final, shall
26 determine any question whether such damage or injury has been caused to COUNTY
property.
28
9. INSURANCE /SELF INSURANCE
30
LICENSEE agrees, at its sole expense, to obtain insurance as required below, and to
32 deposit with the COUNTY prior to the provision of services under this License,
Certificates of Insurance, including all endorsements required herein, necessary to
34 satisfy the COUNTY that the insurance provisions of this License have been complied
with, and to keep such insurance and the certificates and endorsements therefor on
36 deposit with the COUNTY during the entire term of this License. All insurance policies
required by this License shall declare any deductible or self- insured retention (SIR) in an
38 amount in excess of $25,000 ($5,000 for automobile liability deductible or any SIR)
which shall specifically be approved by the County Executive Office /Office of Risk
40 Management. LICENSEE shall be responsible for reimbursement of any deductible to
the insurer. If the LICENSEE fails to maintain insurance acceptable to the COUNTY for
42 the full term of this License, the COUNTY may terminate this License.
44 II ! If LICENSEE is a governmental entity, LICENSEE may self - insure for coverages
described below.
46
Qualified Insurer
48 The policy or policies of insurance must be issued by an insurer licensed to do
business in the State of California (California Admitted Carrier).
50
IcKFRsbGC - City of Seal Beach
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2 Minimu insurance company ratings as determined by the most current edition of the
Best's Key Rating Guide /Property- Casualtv /United States or ambest.com shall be
4 A- (Secure Best's Rating) and VIII (Financial Size Category).
6 County Executive Office /Office of Risk Management retains the right to approve or reject
carrier after a review of the company's performance and financial ratings if it does not
8 meet the above standards.
10 The policy or policies of insurance maintained by the LICENSEE shall provide the
minimum limits and coverages as set forth herein below:
12
Coverage Minimum Limits
14
Commercial General Liability to $1,000,000 combined single limit
16 include a Broad Form Property Damage per occurrence
Endorsement
18
Automobile Liability including all owned $1,000,000 combined single limit
20 non -owned and hired vehicles per occurrence
22 Workers' Compensation Statutory
Employers' Liability $1,000,000 per occurrence
24
All liability insurance required by this License shall be at least $1,000,000 combined
26 single limit per occurrence.
28 The County of Orange shall be added as an additional insured on all insurance policies
required by this License with respect to work done by the company under the terms of
30 this License (except Workers' Compensation /Employers' Liability). An additional insured
endorsement evidencing that the County of Orange is an additional insured shall
32 accompany the Certificate of Insurance.
34 All insurance policies required by this License shall be primary insurance, and any
insurance maintained by the County of Orange shall be excess and non - contributing with
36 insurance provided by these policies. An endorsement evidencing that the LICENSEE's
insurance is primary and non - contributing shall specifically accompany the Certificate of
38 Insurance for the Commercial General Liability.
40 All insurance policies required by this License shall give the County of Orange thirty (30)
days notice in the event of cancellation. This can be evidenced by an endorsement
42 separate from the Certificate of Insurance. If this cannot be provided, the cancellation
clause must include language as follows, which edits the pre - printed ACORD certificate:
44
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
46 BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY
WILL ENDEAVOR TO MAIL THIRTY (30) DAYS WRITTEN NOTICE TO THE
48 CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL
SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY
50 , \ - ��� _ —•,, -♦ - • _ � _ - • •
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IcKFRsbGC - 3 - City of Seal Beach
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•
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2 All insurance policies required by this License shall waive all rights of subrogation
against the County of Orange and members of the Board of Supervisors, its elected and
4 appointed officials, officers, agents and employees when acting within the scope of their
appointment or employment.
6
The Commercial General Liability policy shall contain a severability of interests clause.
8
The LICENSEE is aware of the provisions of Section 3700 of the California Labor Code
10 which requires every employer to be insured against liability for Workers' Compensation
or be self - insured in accordance with provisions of that code. The LICENSEE will
12 comply with such provisions and shall furnish the COUNTY satisfactory evidence that
the company has secured, for the period of this License, statutory Workers'
14 Compensation insurance and Employers' Liability insurance with minimum limits of -
$1,000,000 per occurrence.
' 16
Insurance certificates should be forwarded to the agency /department address listed on
18 the License.
20 COUNTY expressly retains the right to require LICENSEE to increase or decrease
insurance of any of the above insurance types throughout the term of this License. Any
22 increase or decrease in insurance will be as deemed by County of Orange Risk Manager
• as appropriate to adequately protect COUNTY.
24
COUNTY shall notify LICENSEE in writing of changes in the insurance requirements.
26 If LICENSEE does not deposit copies of acceptable certificates of insurance and
endorsements with COUNTY incorporating such changes within thirty (30) days of
' 28 receipt of such notice, this License may be in breach without further notice to
LICENSEE, and COUNTY shall be entitled to all legal remedies.
30
' The procuring of such required policy or policies of insurance shall not be construed
32 to limit LICENSEE's liability hereunder nor to fulfill the indemnification provisions and
requirements of this License.
34
The County of Orange Certificate of Insurance and the Special Endorsement for the
36 County of Orange can be utilized to verify compliance with the above - mentioned
insurance requirements in place of commercial insurance certificates and
38 endorsements.
the License.
40
The procuring of such required policy or policies of insurance shall not be construed'
` 42 to limit LICENSEE's liability hereunder nor to fulfill the indemnification provisions and
�: requirements of this License.
44
The County of Orange Certificate of Insurance and the Special Endorsement for the
46 County of Orange can be utilized to verify compliance with the above - mentioned
insurance requirements in place of commercial insurance certificates and
48 endorsements.
50
52
IcKFRsbGC - 4 - City of Seal Beach
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•
•
•
2 10. UNLAWFUL USE
4 LICENSEE agrees no improvements shall be erected, placed upon, operated nor
maintained on LICENSE AREA, nor shall any business be conducted or carried on
6 therein or therefrom in violation of the terms of this License or of any regulation, order of
law, statute, bylaw, or ordinance of a governmental agency having jurisdiction.
8
11. DISPOSITION OF ABANDONED PERSONAL PROPERTY
10
If LICENSEE abandons LICENSE AREA or is dispossessed thereof by process of law or
12 otherwise, title to any personal property belonging to LICENSEE and left on LICENSE
AREA ten (10) days after such event shall be deemed, at SHERIFF's option, to have
14 been transferred to COUNTY. SHERIFF shall have the right to remove and to dispose -
of such property without liability therefor to LICENSEE or to any person claiming under
16 LICENSEE, and shall have no need to account therefor.
18 12. TIME OF ESSENCE
20 Time is of the essence of this License Agreement. Failure to comply with any time
requirements of this License shall constitute a material breach of this License.
22
13. NO ASSIGNMENT (PMLG15 S)
24
The License granted hereby is personal to LICENSEE and any assignment of said
26 license by LICENSEE, voluntarily or by operation of law, shall automatically terminate
the License granted hereby.
28
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30 1/
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32
IcKFRsbGC - 5 - City of Seal Beach
02/20/03 10 42 AM File No PM 1227 -19 -5
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Location Map
PM 1227 - - Prepared: Ray Weems
Licensee: City of Seal Beach COUNTY OF ORANGE
Checked:
Katella Firing Range Orange County Sheriffs Department
1900 West Katella Ave., Orange
,
SHERIFF /COMMUNICATIONS EXHIBIT A mm: 2/10/2003