This License Agreement is hereby entered into by and between the Palomar Community College District, hereinafter referred to as “District,” a California Community College District and “Licensee,” collectively referred to as “Parties.”
WHEREAS, District is the owner of certain real property located at:
- Main Campus: 1140 West Mission Road, San Marcos, CA 92069
- Escondido Education Center: 1951 East Valley Parkway, Escondido, CA 92027
- Rancho Bernardo Education Center, 11111 Rancho Bernardo road, San Diego, CA 92127
- Fallbrook Education Center, 35090 Horse Ranch Creek Road, Fallbrook, CA 92028;
WHEREAS, the District is authorized by the Civic Center Act, Education Code Section 82537 et seq. (The “Act”) to allow use of its facilities on the campuses listed above by the community organizations authorized by the Act for such use;
WHEREAS, Licensee has submitted a reservation request in Facilitron and
WHEREAS, the District desires to grant a non-exclusive, non-transferable and revocable license to allow Licensee to use its facilities under the Act upon the terms and conditions set forth in the Application and in this License Agreement.
NOW THEREFORE, in consideration of the foregoing, the District and Licensee agree to the terms and conditions as set forth in this License Agreement.
- 1. Use of Facilities
- a. District agrees to allow use of facilities as identified in the reservation request (“Facilities”) for the operation of Licensee’s activity (“Activity”) as described in the reservation request, which is listed in the permit and made a part of this License Agreement.
- b. Licensee shall have use of the Facilities during the time on the day(s) set forth in the reservation request to conduct the Activity.
- c. District hereby grants Licensee use as location (Main Campus or Education Center), area/room requested, dates/times, equipment, personnel and support from either Information Services, Campus Police, Facilities, Performing Arts, Athletics and Parking.
- d. Licensee shall only use the Facilities on the approved dates and times as shown on Application. If changes of date(s) or additional date(s) are needed, written request and signed approval by both Parties are required ten (10) days prior to use.
- e. Licensee will adhere to maximum occupancy loads for assigned areas of the Activity. Licensee will keep all aisles, passages, vestibules, halls and stairways free and clear from obstructions and will use such portions of the Facilities only for ingress and egress. Failure to do so may result in cancellation of Licensee’s approved and future Activity.
- f. The District shall maintain the right to make the entirety of the Facilities available to the applicants under the Act during non-school hours as allowed by law.
- g. The District may enter upon the Facilities at any time during the Term to observe the Activity.
- h. The District may require security personnel as a condition of use whenever it is deemed to be in the District’s best interests.
- i. All material used for decorations will require prior written approval and will be at the sole discretion of the District. Licensee is required to arrange for the disposal of decorations, materials, equipment, furnishings, or rubbish that remains after the use of Facilities; otherwise License shall be billed for the expense involved in the disposal of such items.
- j. Licensee shall not be issued a key to Facilities.
- k. Future requests by Licensee may be denied on grounds including, but not limited to, abuse or misuse of the Facilities or District campus and failure to pay promptly for any damage to District property or the Facilities.
- l. Licensee shall keep the Facilities in a clean and sanitary condition satisfactory to the Vice President of Finance and Administrative Services or designee (“District Representative”), at all times. No alterations, changes, or additions of any nature will be made to the Facilities, unless prior written consent is secured from the District Representative or designee. Licensee shall return the Facilities in the same condition as prior to Licensee’s Activity.
- 2. Fees & Rates
- a. Application fee: $50.00, non-refundable; due upon receipt of completed application. The District may waive this fee for community organizations listed in section 82542 of the Act.
- b. Facilities Use Rental Rates are listed on our website: https://www.palomar.edu/eventsscheduler/wp-content/uploads/sites/130/2019/09/Facilities-Rental-Fee-Schedule_GB-Approved-9.10.19.pdf and made a part of this License Agreement.
- c. Fees are due and payable directly to Facilitron. Payment options include major credit cards, checks ACH/eCheck, and Paypal.
- d. If paying by check, checks are payable to:
Facilitron – Requests
PO Box 1935
Los Gatos, CA 95031-1935
e. Rates may be subject to change due to special circumstances or special requests.
a. This License Agreement is non-assignable. Only the Licensee as named in the Application and in this License Agreement shall use the Facilities. The District reserves the right to cancel this License Agreement at any time and to refund any payment made to the District for the Use of the Facilities when it deems such action advisable and in the best interest of the District.
b. The District reserves the right to retain all or part of any payment made to the District for cancellations of this Agreement by the Licensee.
4. Covenants of Licensee
a. Licensee’s cooperation in assuring that the behavior of all Licensee’s employees, volunteers, guests, or affiliates (collectively, “Licensee Parties”) is conducive to an academic environment. Licensee is responsible for the conduct of Licensee Parties attending or otherwise participating in the Activity. This includes, but is not limited to, providing sufficient properly trained adult chaperones if the Activity involves minors. Failure to cooperate or comply with the instructions of the authorized District Representative may result in immediate termination of Licensee’s Activity. If the Activity is terminated by the District Representative because of failure by Licensee to cooperate or comply with the terms and conditions of this Agreement, the Licensee remains responsible for payment to the District of all fees associated with the Activity, including fees identified after the Term of this License Agreement.
b. Licensee will on its own account and expense, make all provisions necessary for furnishing of equipment, paraphernalia, tickets, services, trophies, materials, etc., for the Activity. Licensee will further be responsible at its sole cost and expense for losses or damages to its equipment and/or supplies while said equipment/supplies are located on the Facilities. Licensee will be required to remove all its equipment and furnishing from the Facilities immediately following the Activity. The District assumes no liability or responsibility for theft, damage, misuse, or destruction of vehicles or personal property of Licensee or Licensee Parties brought to the Facilities pursuant to this License Agreement.
c. No equipment provided by District will be removed or replaced by Licensee without prior written consent of the District Representative, or designee, and if such consent is secured, such removal and replacement will be at the sole cost and expense of Licensee.
d. If extraordinary conditions are required for the execution of the Activity, Licensee is responsible for the arrangement and payment of special services under the Facilities Use Rental Rates, Exhibit B, of this License Agreement.
Parking is limited to the areas specifically assigned by the District for use before, during, and after the Activity. Parking fee charges may be applied to any Activity at the discretion of the District. The District will establish time limits on the use of parking areas as appropriate to the Activity. Licensee is responsible to inform Activity attendees that they are to use the assigned parking areas only. Vehicle regulations, including fire lane and handicapped parking zone restrictions, will be enforced at all times.
6. Facilities Use Restrictions
a. Permission to use District facilities shall not be granted for a period to exceed one (1) fiscal year and Licensee or Licensee Parties will not be granted a monopoly on any District facility.
b. Any uses, which involve the serving and/or sale of alcoholic beverages, illegal drugs and/or the conducting of games of chance, are prohibited at the Facilities and on District campuses. No alcoholic beverages, intoxicants, controlled substances, or tobacco in any form shall be brought into the Facilities. Licensee or Licensee Parties under the influence of alcohol, intoxicants, or controlled substances shall be denied participation in Licensee’s Activity.
c. No weapons, concealed or otherwise, shall be allowed at the Facilities or on District campuses by Licensee or Licensee Parties.
d. Licensee shall not use or permit the use of the Facilities or any part thereof for any purpose which is inimical to public morals and/or welfare or which is morally objectionable as unsuitable for a public educational facility. Licensee agrees to respond immediately to concerns expressed by neighbors or District relating to the operation of the Facilities.
e. Pyrotechnics and fireworks of any type are prohibited.
f. Food and beverages are prohibited in classrooms, lecture halls, board rooms, and any other rooms unless expressly permitted in writing by the District.
g. Licensee shall not permit any hazardous waste to be generated by the Licensee’s Activity, including but not limited to biomedical waste, chemical waste, and environmental hazardous waste.
h. Licensee will not allow a larger number of persons that can safely and freely move about in authorized areas within the Facilities.
i. No structures, electrical modifications, or mechanical apparatus may be erected or installed on District campuses or the Facilities without specific written approval by the District Representative, or designee.
j. Licensee shall not sell, vend, or authorize the sale of food, beverages, alcohol, tobacco, printed material, or other merchandise at the Facilities or provide special services to the public without prior approval of the District Representative, or designee. Licensee acknowledges that the District has contractual arrangements with food and beverage vendors, which may include, but are not limited to, rights of exclusivity on District campuses regarding the sale of said food and beverage.
7. District Rights and Responsibilities
a. The District, at its sole discretion, will provide normal overhead lighting, heating, water, restroom facilities, and refuse receptacles for the execution of the Activity, unless otherwise agreed by the parties.
b. The District Representative or designee(s) shall have absolute and full control of the Facilities and all appurtenances and shall have the right to enter the Facilities at reasonable times for the purpose of inspection and observation of Licensee’s Activity.
c. All advertising materials and information relating to the Activity shall be approved by the District Representative or designee, prior to dissemination. Licensee will submit materials to the District Representative at the time of application, prior to the Activity; and the District agrees to provide its approval or denial within ten (10) business days of Licensee’s request. Materials to be approved include, but are not limited to, all printed matter for use in newspapers, journals, magazines and similar periodicals. Banners to be displayed on perimeter fencing are required to be approved by the District prior to posting.
d. All materials to be used in broadcast media, including internet services, shall be approved by the District Representative or designee, prior to broadcast. Unless otherwise agreed by the parties with respect to any particular material, advertising content shall state that neither the program nor its content are endorsed or sponsored by District. Licensee is not authorized by this License Agreement to use the District logo or any image associated with the District.
a. Campus Police have jurisdictional authority on all District campuses. Licensee and Licensee Parties agree to abide by the direction and instruction of the Campus Police. Events requiring security, as determined by the District, shall be required to employ Campus Police employees for this purpose. In addition to Campus Police personnel, private security details may be employed by the Licensee, with prior written consent of the District.
b. If at any time the District deems that the Licensee’s use of the Facilities is unsafe, disruptive, or not in the best interest of the District, the District Representative, or designee, reserves the right to cancel Licensee’s Activity immediately and enforce all cancellation rights, at no cost to the District.
9. Force Majeure
a. Licensee releases District from any and all liability resulting in Licensee’s or Licensee Parties’ loss of use of the Facilities, loss of revenues or income, loss of money, checks, receipts, or other forms of financial loss resulting from any reason or cause whatsoever.
b. The District shall be fully released from its duties and obligations under this License Agreement if the Facilities requested are rendered inaccessible due to force majeure. For purposes of this License Agreement, force majeure shall mean a cause or causes beyond the District’s control which shall include, without limitation, labor disputes, civil disturbance, terrorism, war, war-like operations, invasions, rebellion, hostilities, military or usurped power, sabotage, governmental regulations or controls, fires, or other casualty, inability to obtain materials or services needed, or Acts of God. To the extent that force majeure activity renders the Facilities inaccessible, the parties shall work together in good faith to reschedule the Activity, if desired by Licensee. If the Activity is not rescheduled, the District shall refund to Licensee any fees already paid relating to the Activity.
- 10. Indemnification and Insurance
- a. Not withstanding insurance coverage which may be in effect, Licensee agrees at all times to protect, defend, and indemnify the District, its Board of Trustees, officers, members, representatives, agents, guests, invitees, and/or employees (“District Parties”), and to provide legal defense, from any and all liabilities, claims, losses, judgments, damage, demands or expenses resulting from Licensee’s use or occupancy of the Facilities and/or the active or passive negligence of Licensee or of the District or District Parties, specifically including, without limitation, any liability, claim, loss, judgment, damage, demand, or expense, arising by reason of:
- i. the loss of or damage to the Facilities or District campuses, including buildings, structures, or improvements thereon, or any equipment to be used therein;
- ii. the injury to or death of any person including, but not limited to, Licensee, Licensee Parties or District Parties; or
- iii. damage to property arising from the use, possession, selection, delivery, return, condition, or operation of the Facilities. Licensee further agrees to reimburse the District for all liabilities, claims, losses, judgments, damages, demands, expenses, fines, penalties, including reasonable attorneys’ fees imposed or incurred by the District because of the Licensee’s use or occupancy of the District’s facilities and/or active or passive negligence of the Licensee or of the District or District Parties.
b. The District shall have the right to modify any and all indemnity and insurance requirements based on evaluation of the risk.
c. The Licensee shall not use or permit any other person, firm, or corporation to use pictures or films of the Facilities or District campuses in any movie, film, film production, or commercial venture, especially including film productions which contains immoral, obnoxious, or obscene material, material injurious to the District, or which is subversive in any way.
d. Licensee hereby waives all claims of action against the District and District Parties, arising from Licensee and Licensee Parties’ use of the Facilities.
e. Licensee has a separate and independent obligation to procure insurance for the District. This requirement is in addition to and separate from Licensee’s agreement to defend and indemnify the District. As part of this License Agreement, Licensee agrees to procure the following insurance:
- i. Commercial General Liability: Licensee shall obtain a commercial general liability (broad form) insurance policy which provides insurance on an occurrence basis for personal injury, death or property damage which may arise from any and all conduct, use or management of the Facilities, or from any occurrence in or on the Facilities, with policy limits of not less than $1,000,000 per occurrence and $3,000,00 general aggregate for personal injury, bodily injury and property damage including coverage for incidental contracts; and
- ii. Automobile Liability: $1,000,000 per accident for bodily injury and property damage under Business Automobile Liability Coverage Form Number CA 00 01 (any auto).
- iii. Sexual Abuse/Molestation (May be included under General Liability): $1,000,000 minimum limit per occurrence and $2,000,000 minimum general aggregate.
- iv. Additional Insured: The District and District Parties shall be named as an additional insured under the general liability policy of insurance by Licensee, and Licensee agrees that it has a separate and independent obligation to verify the District is named as an additional insured whenever Licensee applies for use of Facilities; and
- v. Certificate of Insurance: Licensee shall obtain a certificate of insurance with the insurance company’s endorsement of commercial general liability insurance setting forth the policy limits, the District Parties named as an additional insured under the policy, along with the Certificate of Insurance providing thirty (30) days prior written notice of cancellation. The insurance policy shall contain provisions which include that Licensee’s insurance policy is primary coverage and shall apply both before the District insurance policy, and that the insurer shall not agree to request or call upon the District for any contribution in the settlement of any claim arising from the Licensee’s use of the Facilities. Certificates of Insurance and additional insured endorsements shall be submitted to the District no later than ten (10) business days prior to the Activity. Acceptance of certificates of insurance or endorsements shall in no way limit Licensee’s defense and indemnity obligations, nor shall it limit any liability or obligation of Licensee.
- vi. Waiver of Subrogation: In the event of loss due to perils for which Licensee has agreed to provide Commercial General and Automobile Liability insurance, Licensee shall look solely to its insurance carrier(s) for recovery and grants a waiver of any right to subrogation which Licensee’s insurer may acquire against the District by virtue of payments of losses under this insurance.
- vii. Workers’ Compensation: Proof of coverage (or proof that coverage is not required or applicable.) Licensee agrees to procure and maintain in full force and effect workers’ compensation insurance as required under California law, covering any employees or agents while these persons are participating in the Activity. In the event a claim under the provisions of the California Workers’ Compensation Act is filed against the District by a bona fide employee of Licensee participating under this License Agreement, Licensee agrees to defend and indemnify the District from such claim. Licensee shall comply with all applicable federal, state and local laws, rules, regulations, and ordinances including workers’ compensation.
- 11. Miscellaneous
- a. The District makes no representations or warranties as to the repair or condition of the Facilities, and Licensee takes the Facilities in “as-is” condition. It shall be Licensee’s sole obligation to assure that the Facilities and the District’s property are in a proper and safe condition to be used for the Activity; that it shall be Licensee’s sole obligation and duty to inspect such property and Facilities before they are used and to take affirmative steps to repair, or where necessary, warn, in order to prevent injury to person or property. Claims arising from any such injury shall trigger Licensee’s indemnification and defense obligations as set forth above.
- b. The Parties agree that prior to commencement of this License Agreement, Licensee shall apply for, obtain, and maintain in current status, at its own expense, any required governmental license, permit, or approval for the Activity.
- c. Licensee agrees that use of Facilities and the Activity will be consistent with applicable laws and will administer use of the Facilities and the Activity in full compliance with applicable laws and regulations. Licensee agrees to comply with other applicable federal, state, county, and local laws, ordinances, regulations and codes.
- d. No modifications, amendments, or waivers of any provision of this License Agreement shall be effective unless in writing and signed by both Parties. No failure or delay by either party in exercising any right, power, or remedy under this License Agreement shall operate as a waiver of any such right, power, or remedy.
- e. Should any part of this License Agreement be declared by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or to carry out, the remaining parts of this License Agreement shall continue in full force and effect, provided that they can be reasonably interpreted to give effect to the intentions of the Parties.
- f. The terms and conditions of this License Agreement shall be governed by the laws of the State of California, in the North San Diego County, California judicial district.
- g. The undersigned is a duly authorized representative of Licensee and represents that, to the best of his/her knowledge, the Facilities for which the Application was submitted, will not be used for the commission of any crime or any act which is prohibited by law. This License Agreement shall be signed by person(s) authorized to sign on behalf of the Licensee and to bind the Licensee to the terms of this License Agreement. The District reserves the right to cancel or revoke this License Agreement at any time based on non-compliance with the terms and conditions stated herein or referenced by attachment or addendum. The District will be entitled to recover all legal fees, costs and other expenses incident to securing performance or incurred as consequence of nonperformance.