HomeMy WebLinkAboutSun House Guild 2012-01-09REVOCABLE LICENSE AND AGREEMENT
FOR CONSTRUCTION OF IWROVEF_WNTS_
WHEREAS, the City of Ukiah ("Ukiah") is a general law municipal corporation located in the
County of Mendocino, State of California; and
WHEREAS, the Sun House Guild ("Guild") is a non-profit, public benefit corporation with its
principal place of business in Ukiah; and
WHEREAS, the Sun House is an historic structure in Ukiah built by the Hudson Carpenter
family, which houses paintings by Grace Carpenter Hudson, Porno Indian baskets collected by the
family, and other objects of historic, artistic, and cultural value; and
WHEREAS, in 1975, the Sun House property, on which the Sun House is located along with
other personal property, was purchased by Ukiah from a member of the Hudson Carpenter family; and
WHEREAS, the Guild constructed the Grace Hudson Museum ("Museum") using private
donations on the Sun House property for the benefit of the entire Ukiah community; and
WHEREAS, the security system ("Security System") originally installed within the Museum has
become inadequate to protect the Museum and its irreplaceable collections from fire and other hazards;
and
WHEREAS, Ukiah wishes to facilitate the Guild's upgrading and replacement of the Security
System;
NOW, THEREFORE, in consideration of these facts, that parties agree as follows:
1. Ukiah grants a revocable license to Guild to occupy and use a portion of the Grace
Hudson Museum and surrounding property, for the purpose of upgrading and replacing the Security
System. Ukiah can revoke said license at any time within seven days' prior notice to Guild;
2. As an express condition precedent to the license, Guild agrees as follows:
a. To take and keep in force during the life of the license, at the Guild's sole
expense, public liability insurance provided by companies licensed to furnish such insurance in the State
of California, to protect against any liability to the public incident to the use of or resulting from any
accident occurring in or about said Premises, the liability under such insurance to be not less than One
Million Dollars ($1,000,000) for anyone person injured, or One Million Dollars ($1,000,000) for any '
one accident, or Fifty Thousand Dollars ($50,000) for property damage with up to a Two Hundred Fifty
Dollar ($250) deductible provision, provided the Guild posts a Two Hundred Fifty Dollar ($250) cash
bond to cover the deductible. A policy endorsement to said insurance naming Ukiah as an additional
insured and a certificate of insurance providing for a thirty-day notification of cancellation to Ukiah
shall be provided to Ukiah and be made a part of this Agreement. The Guild shall use a form for the
certification of insurance approved by Ukiah.
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b. Ukiah shall not be liable for and is free from the cost of any damages for personal
injury or property damage, or any other claim or demand whatsoever, resulting from the use made by
Guild of the Premises, any defective condition or faulty construction of the Premises existing at the time
of granting the license or arising. thereafter, and Guild covenants and agrees to indemnify and save
harmless Ukiah from all liability, loss, cost, or other obligation arising out of its use of the Premises or
its construction of the Museum, including, but not limited to, claims by contractors or subcontractors
arising out of the construction of the upgraded Security System.
C. The Guild shall include in any and all contracts it executes or authorizes in
connection with the Security System replacement project a requirement that all contractors procure
builders all risk insurance. Each contract shall contain written notice that the property upon which the
improvements are constructed is owned by Ukiah and that contractors, subcontractors, or other
materialmen cannot perfect mechanic's liens on the property or the improvements under the private
construction contracts provisions of Civil Code § 3100, et seq.
3. All construction shall comply with all applicable City Code requirements. Upon
completion of the improvements, Guild shall obtain a building inspection. Upon receipt of a satisfactory
inspection as provided herein, Guild shall deliver full possession and control of the improvements to
Ukiah free from any and all claims of any kind whatsoever by Guild or any third parties.
4. Upon delivery of possession to Ukiah, Guild shall have no further obligations to maintain
or operate the Security System.
DATED:
SUN HOUSE GUILD
B r
ATTEST:
Secretary, Sun House Guild
DATED:
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By:
ATTEST:
~,Or' A--
Oty Clerk
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