The URL can be used to link to this page

Home My WebLink AboutAGR-7952 - COUNTY OF ORANGE - MAIN LIBRARY DONATED SPACEDocusign Envelope ID:2BD8C3FB-1020-89D8-8079-DB6AAE1C22F5 a i Air.- 741 4,-OCCR/OCCS/WEDD O Donated Space Agreement Orange Public Library C' Q' Recreation and Community Services DONATED SPACE AGREEMENT 5/27/2026 THIS IS A DONATED SPACE AGREEMENT("Agreement")executed by and between CITY OF ORANGE, (hereinafter referred to as "Donor") and the COUNTY OF ORANGE, a political subdivision of the State of California (hereinafter referred to as "County"). County and Donor may sometimes hereinafter be referred to individually as "Party" or jointly as Parties." 1. PURPOSE: In consideration for and in an effort to facilitate mobile career, employment, training and educational services provided by County and County's employees, officers, agents and volunteers of the County, and/or their vendors ("OCCS/ VEDD Services"), Donor hereby grants to County rent-free use of that certain real property ("License Area"), as further defined below, together with non-exclusive and in common use of elevators, stairways, washrooms, other facilities and common areas appurtenant to the License Area, without cost, on the date, time, and location(s) described as follows: Date(s): May 1, 2026 May 1, 2030 Time(s): Varies License Area: Orange Public Library& History Center 407 E Chapman Ave., Orange, CA 92866 Taft Branch Library 740 E. Taft Ave., Orange, CA 92865 El Modena Branch Library 380 S. Hewes St., Orange,CA 92869 Donor reserves the right to change the above-mentioned date, time, and/or License Area upon prior written notice to County consistent with Section 7,below, so long as the License Area is of comparable size and value and County access is of similar duration. 2. Donor shall supply all repair,maintenance,janitorial supplies and services to the License Area. 3. Donor shall be responsible for all charges for utilities supplied to the License Area. 4. Donor hereby agrees to indemnify, hold harmless, and defend County, its elected and appointed officials, officers, agents, employees, and those special districts and agencies which the Board of Supervisors acts as the governing board, with counsel approved by County in writing (County approval not to be unreasonably withheld), against any and all claims, loss, demands, damages, OCCR—RV Unit Mobile Services Page 1 of 4 Standard Donated Space Agreement Uocusign Envelope ID:2BD8C3FB-1020-89D8-8079-DB6AAE1C22F5 cost, expenses or liability arising out of the ownership, maintenance, or use of the License Area, except for liability arising out of the negligence of County, its elected and appointed officials, officers, agents, or employees. Said defense of County shall include the cost of defense of any lawsuit arising therefrom. County hereby agrees to indemnify, hold harmless, and defend Donor, its officers, agents, and employees, against any and all claims, loss, demands, damages, cost, expenses or liability arising out of the use of the License Area for the purposes set forth in Section 1, above, except for liability arising out of the negligence of Donor, its officers, agents, or employees. Said defense of Donor shall include the cost of defense of any lawsuit arising therefrom. In the event that either Party is named as co-defendant, the named Party shall notify the other Party of such fact upon written notice consistent with Section 7. Donor shall represent County, with counsel approved by County, in such legal action where County is named as co-defendant unless County elects and undertakes to represent itself as co-defendant in such legal action, in which event Donor shall pay County's litigation costs, expenses and attorneys' fees. In the event judgment is entered against County and Donor because of the concurrent negligence of County and Donor, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither Party shall request a jury apportionment. Notwithstanding the foregoing, the monetary limitation of the indemnification provided by County and Donor shall not exceed Two Million Dollars ($2,000,000) for each party. 5. In the event of a dispute between Donor and County concerning claims arising out of this Agreement, or in any action or proceeding brought to enforce or interpret any provision of this Agreement or where any provision hereof is validly asserted as a defense, each Party shall bear its own attorneys' fees and costs. 6. County shall maintain a program of self-insurance at its own expense for its liability exposures. Evidence of County's self-insurance shall be provided upon request, with Donor, its officers, agents, and employees named as an Indemnified Party on the County's program of self-insurance. 7. This Agreement shall continue indefinitely on a month-to-month basis, but may be terminated by either Party hereto at any time by giving thirty(30) days written notice addressed to: COUNTY DONOR OC Community Services City of Orange—Orange Public Library 1300 S. Grand Ave., Bldg. B 407 E Chapman Ave. Santa Ana, CA 92705 Orange, CA 92866 Attention: Director of Workforce & Economic Attention: Amy Harpster, Assistant Library Development Director With a copy to: County Executive Office Real Estate 400 W. Civic Center Drive, 5th Floor Santa Ana, CA 92701 Attention: Chief Real Estate Officer OCCR—RV Unit Mobile Services Page 2 of 4 Standard Donated Space Agreement Docusign Envelope ID:2BD8C3I-B-1020-89D8-8079-DB6AAE1C22F5 8. All written notices pursuant to this Agreement shall be addressed as set forth above or as either Party may hereafter designate by written notice and shall be deemed delivered upon personal delivery, delivery by electronic mail, or seventy-two (72) hours after deposit in the United States Mail. 9. This Agreement may be executed in one or more counterparts, each of which will be deemed an original signature but all of which together will constitute one and the same instruments. OCCR—RV Unit Mobile Services Page 3 of 4 Standard Donated Space Agreement Docusign Envelope ID:2BD8C3FB-1020-89D8-8079-DB6AAE1C22F5 IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. APPROVED AS TO FORM: DONOR Office of County Counsel CITY OF ORANGE, a municipal corporation C1-414•44•i. DoeuSigned by:Signed _ 24Itewbf. By: 5[:FAFdOO RMdF4 By. LCAF2SFI1F2FLIFLIFil Deputy County Counsel Jarad L. Hildenbrand, City Manager 5/27/2026 5/14/2026 Date: Date: RECOMMENDED FOR APPROVAL: ATTEST: Signed by: By: •—DB28EDCBSBEF43A... COUNTY EXECUTIVE OFFICE Pamela Coleman, City Clerk DocuSigned by: By:D17a... APPROVED AS TO FORM: Administrative Manager Signed by: By: C461/ti tr R-44 u . 06o782'EF Sn 8 COUNTY Connor Hyland, Sr. Asst. City Attorney COUNTY OF ORANGE Signed by: Pursuant to the requirements of California t,.Ntd6S Q. kit Corporations Code section 313, one of the following two oac2nm17FFeae1 methods must be used by a corporation when it enters into Thomas A. Miller, Chief Real Estate Officer a contract with the County: Two people must sign the County Executive Office document. One of them must be the chairman of the Per Resolution No. 24-005 of the Board of board,the president or any vice president. The other must Supervisors and Minute Order dated be the secretary, any assistant secretary, the chief fmancial officer or any assistant treasurer. One corporate January 23, 2024 officer may sign the document, providing that written evidence of the officer's authority to bind the corporation 5/27/2026 with only his or her signature must be provided. This Date: evidence would ideally be a corporate resolution. OCCR—RV Unit Mobile Services Page 4 of 4 Standard Donated Space Agreement