2500 - Jenny Yan Yam and Mary Yam - Community Garden License Agreement LICENSE AGREEMENT
(Community Garden)
This License Agreement for community garden ("Agreement") is effective as
of"1,v (I , 2019 ("Effective Date"), and is between THE CITY OF ROSEMEAD, a
California municipal corporation and general law city ("Licensee" or "City"), and Jenny Yan
Yam and May Yam, private individuals ("Licensor").
SECTION 1. Recitals. This Agreement is entered into with respect to the following facts:
1.1 Licensor is owner of certain real property located within the City of Rosemead,
with an addresses of 3212, 3220, 3224, and 3232 Del Mar Avenue, Rosemead
CA, APN 5287-020-033, 034, 036, & 038, and depicted on the attached Exhibit A
("Property").
1.2 Licensor wishes to grant Licensee a license to use the Property for community
garden-related uses, including educational events and workshops related to
sustainable gardening practices, according to the terms discussed in this
Agreement.
SECTION 2. Grant of License.
2.1 Grant of License. Licensor grants to Licensee an exclusive license ("License") to
use the Property for the purpose of operating a community garden ("Garden").
Licensee may install and maintain improvements on the Property reasonably
related to the operation of such a Garden, including, but not limited to, fencing,
planter boxes, and water delivery systems (e.g., irrigation).
2.2 Improvements. Licensee may make improvements to the Property at its sole
cost.
2.3 Fee. As consideration for the License, Licensee will pay Licensor $1.00 for the
Term of the License.
SECTION 3. Expenses.
3.1 Utilities. Licensee has sole responsibility for obtaining and paying for all water,
electricity, heat, sewage, storm sewer, or any other utility service used on the
Property during the License term.
SECTION 4. Insurance.
4.1 Licensee will obtain public liability and property damage insurance which names
the Licensor as additional insureds, and covers Licensee obligations under this
Agreement in an amount not less than $1,000,000.
SECTION 5. Term and Termination.
5.1 Term. Subject to the provisions of this Section 5 regarding early termination, the
term of this Agreement will be for a period beginning on the Effective Date
through for a period of one (1) year (365-days). Thereafter, the term will be
1
automatically extended on a month-to-month basis, until termination of the
Agreement.
5.2 Termination. Either party may terminate this Agreement, effective after 30 days'
prior notice. Upon termination of this Agreement and the request of Licensor,
Licensee agrees to remove all Improvements as directed by Licensor and restore
the Property to its original condition as of the Effective Date, reasonable wear
and tear excepted.
SECTION 6. Indemnification.
6.1 Licensee will indemnify, defend, protect and hold harmless Licensor from and
against, any and all liabilities, claims, actions, causes of action, proceedings,
suits, damages, judgments, liens, levies, costs and expenses of whatever nature,
including reasonable attorneys' fees and disbursements (collectively, "Claims"),
which may arise or otherwise occur as a result of the Improvements or
Licensee's use of the Property under this Agreement, including the installation,
maintenance, repair or removal of any of the Improvements, except to the extent
that any such Claims are related to the negligence or willful misconduct of
Licensor, its agents, or employees.
SECTION 7. Notices. Any notice required to be given under this Agreement must be given by
personal service or by deposit of the notice in the custody of the United States
Postal Service or its successor, first class postage prepaid, addressed to the
party to be served as follows:
Licensee: City of Rosemead
Attention: City Manager
8838 E Valley Blvd,
Rosemead, CA 91770
Licensor: Jenny Yan Yam
May Yam
421 N. Pine Street
San Gabriel, CA 91775
The parties may designate alternate persons to receive notice on their behalf as
necessary. Notices will be deemed given as of the date of personal service, or
three days after deposit of the notice in the custody of the Postal Service.
SECTION 8. General Provisions.
8.1 Authority to Execute. Each party represents and warrants that all necessary
action has been taken by such party to authorize the undersigned to execute this
Agreement and to bind it to the performance of its obligations.
8.2 Binding Effect; Assignment. This Agreement is binding upon the heirs, executors,
administrators, and successors of the parties. This Agreement is personal and
may not be assigned except to a successor in interest of the respective party.
2
•
8.3 Modification of Agreement. No amendment to or modification of this Agreement
will be valid unless made in writing and approved by both parties. The parties
agree that this requirement for written modifications cannot be waived and that
any attempted waiver will be void.
8.4 Waiver. Waiver by any party of any term, condition, or covenant of this
Agreement will not constitute a waiver of any other term, condition, or covenant.
Waiver by any party of any breach of the provisions of this Agreement will not
constitute a waiver of any other provision, or a waiver of any subsequent breach
or violation of any provision of this Agreement.
8.5 Interpretation. This Agreement will be interpreted, construed, and governed
according to the laws of the State of California. Each party has had the
opportunity to review this Agreement with legal counsel. The Agreement will be
construed simply, as a whole, and in accordance with its fair meaning. It will not
be interpreted strictly for or against either party.
8.6 Severability. If any term, condition, or covenant of this Agreement is declared or
determined by any court of competent jurisdiction to be invalid, void, or
unenforceable, the remaining provisions of this Agreement will not be affected
and the Agreement will be read and construed without the invalid, void or
unenforceable provision.
8.7 Venue. In the event of litigation between the parties, venue in state trial courts
will be in the County of Los Angeles. In the event of litigation in a U.S. District
Court, venue will be in the Central District of California, in Los Angeles.
8.8 Counterparts. This Agreement may be executed in one or more counterparts,
each of which is deemed an original and all of which will be taken together and
deemed to be one instrument. Transmission by fax or PDF of executed
counterparts constitutes effective delivery
8.9 Entire Agreement. This Agreement, including the attached Exhibit A, is the final
and exclusive expression of the parties with respect to the matters addressed in
this Agreement and supersedes all other agreements or understandings, whether
oral or written, between the parties before the execution of this Agreement.
[Signatures on the following page.]
3
THE UNDERSIGNED AUTHORIZED REPRESENTATIVES OF THE PARTIES have caused
this Agreement to be executed as follows:
LICENSEE: CITY OF ROSEMEAD
By: �3, _
Gloria Molleda, City Manager
ATTEST:
Ericka Hernandez, City Clerk
LICENSOR:
By: CL
Name &Title: Jenny Yan Yam
By:
Name&Title: May Yam
APPROVED AS TO FORM:
add
Rachel Richman, City Attorney
Burke, Williams & Sorensen, LLP
4
EXHIBIT A
Description and depiction of Property
Address: 3212, 3220, 3224, and 3232 Del Mar Avenue, Rosemead CA
APN: 5287-020-033, 034, 036, & 038
Legal Desc.: *TR=1276*N 85 FT OF W 175 FT (EX OF ST) OF LOT 2
*TR=1276*LOT (EX OF ST) COM AT SW COR OF LOT 1 TH N 0¢27'10" W
64.33 FT TH N 89¢ 55'50" E 140 FT TH N 0¢27'10" W 50 FT TH E AND
FOLLOWING BDRY LINE OF SD LOT TO BEG POR OF LOT 1
*TR=1276*N 50 FT OF W 140 FT (EX OF ST) OF LOT 1
*TR=1276*W 135 FT (MEASURED AT R/A TOW LINE) (EX OF ST) OF LOT 6
Map
5287 120 L_______I 1 I t—raRIGHTON 57
DOROTHY I:" r. J2J
. f -lA-36
� 9'3i
B
�j f} 6-8�9I
J 9 9 7 4C1 99 , :-.- .. - -- .- k-- •. 50 .69 i V.b
m Ir,565,1 ;: ro. 1 :`,1::a
,Q e 11.
- 1y r'' J'� t4nn 3.tt
1 t9 2 'R N P
BM+�i3tS
SIN ° ,°s e� 9&a10 u� t2 13S 14 ,211
N /..ti 4.h 4,t t 61 H N '+ 4.P/we/ow,
1'®3 - ~ 'f I / /
1
1
14 uo SG _ _ SO 6.195
iFl os — _ _ -�
-,-
3�
's Aa,
. 655,6
i40 � tOF.J ,
f3 'r!6P '�—� 17VF6 K/O
O41 S."3
4 s0
rn® 0�a
Q▪ a— t7s e
2 Z u iii $ 1 E',! 4 5
o a bI -J 1
IAF e 46c,hi �lOt, 1k
114,4-1 ,
� 31..x, hI A 1�, c Sts
ti: io P6t ISI'€a NV 11aLjs *AID
r EMERSON PL. e
3911 CODE1
I 1,
I PARCEL MAP
PM.272-21-22'
TRACT IVO_1239 TRACT NO. 1276
FOR veru,assM'r.see:I5171-20 M.B.237 -17 M.B.20-134-IBS 3a U50'e NO
C998rY ei LA I1116e€1.Cali.
A-1