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Pomona Valley Habitat for Humanity A2017-161C4 01 Ch/zig /4/6 December 31, 2018 Pomona Valley Habitat for Humanity Attn: Ms. Jody Gmeiner 2111 Bonita Avenue La Verne, CA 91750 14000 City Center Drive Chino Hills, CA 91709 (909) 364-2600 Gf ww . "• / // RE: Extension of Termination Date for Agreement A2017-161 Dear Ms. Gmeiner, On July 5, 2017, the City Manager of the City of Chino Hills authorized execution of Agreement No. A2017-161 with Pomona Valley Habitat for Humanity. This letter serves as notification that the termination date has been extended until December 31, 2019. All other provisions of the agreement remain in effect. Should you have any questions regarding this notification, please contact Yvette Brunetto at (909) 364-2783. Sincerely, nradt Bartlam City Manager KB:wg cc: City Clerk's Office Finance Department Community Development Department 0/6 Cega .. Art Bennett ■ Brian Johsz ■ Ray Marquez ■ Cynthia Moran ■ Peter J. Rogers 01 Cierbo, /A 14000 City Center Drive Chino Hills, CA 91709 (909) 364-2600 www. June 30, 2018 .6v6 Pomona Valley Habitat for Humanity Attn: Ms. Jody Gmeiner 2111 Bonita Avenue La Verne, CA 91750 RE: Extension of Termination Date for Agreement A2017-161 Dear Ms. Gmeiner, On July 5, 2017, the City Manager of the City of Chino Hills authorized execution of Agreement No. A2017-161 with Pomona Valley Habitat for Humanity. This letter serves as notification that the termination date has been extended until December 31, 2018. All other provisions of the agreement remain in effect. Should you have any questions regarding this notification, please contact Yvette Brunetto at (909) 364-2783. Sincerely, Konradt Bartlam City Manager KB:wg cc: City Clerk's Office Finance Department Community Development Department CCat/zed. Art Bennett • Brian Johsz • Ray Marquez • Cynthia Moran • Peter J. Rogers CI& oil Cii,"40, December 20, 2017 Pomona Valley Habitat for Humanity Attn: Ms. Gmeiner 2111 Bonita Avenue La Verne, CA 91750 RE: Extension of Termination Date for Agreement A2017-161 Right to Enter Agreement to Develop Two City -Owned Lots Dear Ms. Gmeiner: 14000 City Center Drive Chino Hills, CA 91709 (909) 364-2600 www. On July 5, 2017, I, the City Manager of the City of Chino Hills, authorized execution of Agreement No. A2017-161 with Pomona Valley Habitat for Humanity for a Right to Enter Agreement to Develop Two City -Owned Lots. This letter serves as notification that the termination date has been extended until June 30, 2018. All other provisions of the agreement remain in effect. Should you have any questions regarding this notification, please contact Yvette Brunetto at (909)364-2783. Sincerely, Konradt Bartlam City Manager KB:wg cc: City Clerk's Office Finance Department Community Development Department Ce.e. Art Bennett ■ Brian Johsz ■ Ray Marquez ■ Cynthia Moran ■ Peter J. Rogers A2017-161 RIGHT TO ENTER LICENSE This Right to Enter License ("License") is entered into this 30th day of May, 2017 between: the CITY OF CHINO HILLS, a California municipal corporation ("Grantor"), the owner of that certain real property located in Chino Hills, California, located at 4528 and 4628 Fairway Boulevard . Chino Hills, California, as further described in Exhibit "A", attached hereto and made a part hereof by this reference (the "Property"); and POMONA VALLEY HABITAT FOR HUMANITY, INC., a California nonprofit corporation, (collectively, "Grantee") subject to the terms and conditions set forth in this License. 1. During the hours of 8:00 a.m. to 6:00 p.m. Monday through Saturday and upon forty-eight (48) hour notice to Grantor (including details of the nature and duration of the work to be performed), Grantee and its officers, employees and agents shall be permitted to enter onto the Property through December 31, 2017, to perform normal clean up and site preparation work associated with developing said property, including removal of trash and debris, and weed abatement. No compensation shall be provided to Grantee for any work or other activity performed pursuant to this License. Grantee acknowledges that the Grantor may need to access the property and conduct activities thereon as the owner of the Property. Furthermore, this License is non-exclusive and Grantor reserves the right to grant other licenses or interests in land regarding the Property as it deems appropriate in its sole discretion. All such notices to enter onto the property shall be given to Jarrod Manuel at (909) 364-2600 or in the event of his absence, to Nadeem Majaj at (909) 364-2600. 2. In Grantee's exercise of rights of entry and obligations under this License, Grantee shall perform normal clean up and site preparation work, including removal of trash and debris, and weed abatement. No grading, landform alteration, or development of any kind is authorized pursuant to this License. 3. Grantor may terminate this License at any time, with or without cause, by providing written notice of termination addressed to Jody Gmeiner, Executive Director, Pomona Valley Habitat for Humanity, Inc., 2111 Bonita Avenue, La Verne, CA 91750, [FILL IN HABITAT CONTACT INFO W/INDIVIDUAL'S NAME] and deposited in the United State Mail, postage prepaid. Unless terminated earlier pursuant to this paragraph, this License will automatically expire at 6:00 p.m. on December 31, 2017. 4. Grantee agrees to indemnify, defend (with counsel reasonably approved by Grantor) and hold harmless the Grantor and its officers, employees, agents and volunteers (collectively, the "indemnitees") from any and all claims, actions, losses, damages, and/or liability arising out of this License from any cause whatsoever, including any claims alleging pollution or contamination resulting from the activities of the Grantee or its consultants with respect to exercising this License, and including the negligent acts, errors or omissions of any person and for any costs or expenses incurred by the Grantor on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. The Grantee's indemnification obligation does not apply to the indemnitee's "sole negligence" or "willful misconduct" within the meaning of Civil Code Section 2782. The indemnitees shall have no liability or obligation whatsoever with respect to any damage to or loss of any equipment or personal property of the Grantee. The obligations of Grantee set forth in this paragraph shall survive termination or expiration of this License. 5. Grantee agrees to provide insurance set forth in accordance with the requirements herein. If Grantee uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, Grantee agrees to amend, supplement, or endorse the existing coverage to do so. Without in any way affecting the indemnity herein provided, and in addition thereto, Grantee shall secure and maintain throughout the License term the following types of insurance with limits as shown: Workers' Compensation/Employer's Liability - A program of Workers' Compensation Insurance or a state approved Self -Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employers' Liability with $250,000 limits, covering all persons including volunteers employed by Grantee providing services on behalf of Grantee and all risks to such persons under this License. If Grantee has no employees, it may certify or warrant to Grantor that it does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage may be waived by the Grantor's Risk Manager. Commercial/General Liability Insurance - Grantee shall carry General Liability Insurance covering all operations performed by or on behalf of Grantee providing coverage for both bodily injury and property damage with a combined single limit of not less than two million dollars ($2,000,000), per occurrence. Automobile Liability Insurance - If not covered by the Commercial/General Liability Insurance, Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired, and non -owned automobiles or symbol I (any auto). The policy shall have a combined single limit of not less than two million dollars ($2,000,000) for bodily injury and property damage, per occurrence. If Grantee is transporting one or more non-employee passengers in performance of the Work under this License, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence. If Grantee owns no autos, a non -owned auto endorsement to the General Liability policy described above is acceptable. Umbrella Liability Insurance - An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a "dropdown" provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability. Additional Insured - All policies, except for the Workers' Compensation, Errors and Omissions and Professional Liability policies shall contain endorsements naming the City of Chino Hills and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of this License. The additional insured endorsements shall not limit the scope of coverage for Grantor to vicarious liability but shall allow coverage for Grantor to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11.85. Waiver of Subrogation Rights - Grantee shall require the carriers of required coverages to waive all rights of subrogation against Grantor, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit Grantee and its employees or agents from waiving the right of subrogation prior to a loss or claim. Grantee hereby waives all rights of subrogation against Grantor. Policies Primary and Non -Contributory - All policies required herein are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by Grantor. Severability of Interests - Grantee agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between Grantee and Grantor and any other insured or additional insured under the policy. Acceptability of Insurance Carrier - Unless otherwise approved by Risk Management, insurance shall be written by Insurers authorized to do business in the State of California and with a minimum "Best" Insurance Guide rating of "A -VII". Deductibles and Self -Insurance Retention — Any and all deductibles or self-insurance retentions in excess of $10,000 must be declared to and approved by Grantor. Failure to Procure Coverage — In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, Grantor has the right but not the obligation or duty to cancel the License or obtain insurance if it deems necessary and any premiums paid by Grantor will be promptly reimbursed by Grantee. Proof of Coverage - Grantee shall furnish certificates of insurance to the Grantor evidencing the Insurance coverage, including endorsements, as required, PRIOR TO ENTRY ONTO THE PROPERTY hereunder, which certificates shall provide that such Insurance shall not be terminated or expire without thirty (30) days written notice to Grantor, and Grantee shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Grantee shall furnish the above -required certificates of insurance and endorsements to the City Clerk's Office. Grantee will provide complete certified copies of the policies immediately upon request. All of the indemnity and insurance provisions set forth in Sections 4 and 5 of this License are hereby deemed to be material provisions of this License. However, any failure, actual or alleged, on the part of Grantor to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on part of Grantor. 6. Grantor hereby warrants that it is the owner of the Property and that it has the right to grant the Grantee permission to enter upon and use the Property. 7. Grantee shall be in default of this License if the Grantee fails or refuses to perform any material provisions of this License. Grantor, at any time after Grantee is in default, can terminate this License immediately upon written notice to Grantee. 8. This License is the result of negotiations between the parties hereto. This License is intended by the parties as a final expression of their understanding with respect to the matters herein and is a complete and exclusive statement of the terms and conditions thereof This License shall be interpreted as being drafted by both parties hereto and no provision hereof shall be interpreted against a party hereto based on the theory that a party hereto was responsible for drafting such provision. 9. This License may not be changed, modified, or amended except upon the written consent of the parties hereto. 10. The Grantee, and its successors in interest, shall be bound by all the terms and conditions contained in this License, and shall be jointly and severally liable hereunder. 11. This License is not assignable by Grantee. Any attempt by Grantee to assign this License, or any interest herein, shall render the License void. 12. Each individual executing this License represents and warrants that he or she is duly authorized to execute this License on behalf of their respective entity and that such execution will bind that entity to the terms of this License. 13. The jurisdiction for any legal or equitable dispute arising from this License shall be the County of San Bernardino Superior Court. 14. Notwithstanding anything to the contrary in this License, Grantee's cooperation as to other "grantees" shall not require that Grantee assume any additional cost, expense or liability in connection with such other grantees, and Grantee shall have no liability to Grantor for the mere discovery of pre-existing adverse physical conditions on or under the property such as hazardous substances, wetlands, or threatened or endangered habitat or species provided any such discovery shall be reported promptly to Grantor. 0 HILLS ("Grantor") By: Name: Konradt Bartlam Title: City Manager Dated: 7 -5-V 9 Pomona Valley Habitat for Humanity, Inc. ("Grantee") POMONA VALLEY HABITAT FOR HUMANITY, INC. a California nonprofit corporation By: POMONA VALLEY HABITAT FOR HUMANITY, INC. a California nonprofit corporation By: Nam; al ,. Me(!l Title: pies / C 6 Dated: (o - — :--u t'i Exhibit A - Legal Description Real property in the City of Chino Hills, County of San Bernardino, State of California, described as follows: LOT 17 OF BLOCK J OF TRACT NO. 2562, IN THE CITY OF CHINO HILLS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36, PAGE 64 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. LOTS 26 IN BLOCK H OF TRACT NO. 2562, IN THE CITY OF CHINO HILLS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36, PAGE 64 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 1028-111-13-0000 AND 1028-113-23-0000