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Home My WebLink AboutSDP202100084 Agreements 2022-01-21LICENSE AGREEMENT The License Agreem nt is made tie ; �, .. day of 2021, between n 1 PO",)N R ( a rl �z�l l9tl.�111f Public Storage") whose address for purpose of this agreement is 701 Western Avenue, Glendale, CA 91201-2349 and Halle Properties, L.L.C., an Arizona limited liability company, whose address is 20225 N. Scottsdale Road, Scottsdale, AZ 85255 ("Licensee"). Public Storage owns the real property located at 1616 Seminole Trail Charlottesville. VA 22901 ("Public Storage Property"). Licensee is purchasing the real property located at 1636 Seminole Trail, Charlottesville, VA ("Licensee's Property') on or about December 15, 2021. Public Storage grants to Licensee a license to occupy and use, subject to all of the terms and conditions hereof, the following described portion of the Public Storage Property: 250 square feet of property containing 10 square feet of an existing shed on the Public Storage Property on the northwest side of 1616 Seminole Trail, Charlottesville, VA shown on Exhibit "A" attached hereto (the "Licensed Property"). The Licensed Property may be occupied and used by Licensee solely for: The disturbance area associated with demolition and removal of a building sitting on Licensee's property (10 square feet of the existing building with the Public Storage Property) and grading tie -outs. ("Licensee's Work")_ This License shall terminate on the earlier of (i) completion of Licensee's Work on the Licensed Property or (ii) April 1, 2023, (the "Termination Date"). This License shall automatically terminate on the Termination Date without any further action or documentation by Public Storage or Licensee. Licensee shall provide (3) days' advance written notice of entry. Licensee acknowledges and agrees; a. In connection its use of the Licensed Property, Licensee shall: (a) shall use its best efforts to schedule the project so that Licensee's Work does not occur on lScense Agreement city, State PSG the Licensed Property on the first or last days of each calendar month; (b) maintain, and require its contractors and subcontractors to maintain, the insurance listed on Exhibit "B" hereto; (c) promptly perform and complete Licensee's Work in a good and workmanlike manner; (d) promptly restore the Licensed Property to the condition that existed before Licensee's disturbance associated with building removal. Extents of bringing Public Storage Property back to original condition to include minor grading and seeding; (e) take all safety precautions reasonably necessary to protect Public Storage's Property, Public Storage and Public Storage's tenants and invitees from injury or damage, including installing safety fencing and signage as needed; and (f) keep Public Storage reasonably informed of the timing and status of Licensee's Work. b. Licensee shall not affect, disturb, modify, or relocate any improvements located on the Licensed Property without written permission from Public Storage. c. Licensee shall not unreasonably interfere with use of the Public Storage Property by Public Storage or any of Public Storage's customers or invitees. d, Licensee shall not use the Licensed Property for staging or storing tools, implements, machinery, or materials, e. Licensee shall promptly pay all contractors and subcontractors performing any Licensee's Work and shall keep Public Storage's Property free and clear of mechanics' liens, materialmen's liens, and stop notices arising therefrom. If any such lien or notice is filed and not removed or bonded over to Public Storage's reasonable satisfaction within ten days of Public Storage notifying Licensee thereof, Public Storage may remove or insure over such lien or notice at Licensees expense, Licensee shall reimburse Public Storage for 110% of such costs and expenses upon demand, L Licensee shall not store, keep, use, discharge or release any Hazardous Substances on Public Storage's Property in violation of any Environmental Law. "Hazardous Substances" means any material or substance which is or becomes designated, classified or regulated as being toxic, hazardous, harmful to health, life or the environment, or as a pollutant, contaminant or waste under any Environmental Law, including asbestos, carcinogens, petroleum, petroleum -related byproducts and their constituents. "Environmental Law" means any applicable federal, state, county, municipal or local code, statute, law, ordinance, rule, regulation, order, decision or decree, as amended from time to time, pertaining to health, industrial hygiene or the environment, License Agreement City, State PSp including CERCLA (Comprehensive Environmental Response, Compensation and Liability Act of 1980), RCRA (Resources Conservation and Recovery Act of 1976), and SARA (Superfund Amendments and Reauthorization Act of 1986). g. No cost or expense shall be incurred by Public Storage in connection with this License or Licensee's use of the Licensed Property. h. Licensee shall pay all costs and expenses in connection with its use of the Licensed Property under this License. Licensee shall indemnify and hold Public Storage and Public Storage's affiliates, employees, tenants, invitees, successors, and assigns harmless from any and all claims, causes of action, demands, judgments, orders, suits, damages, liabilities, losses, penalties, settlement, costs, and expenses of any kind or nature (including attorneys' fees) arising from or related to the activities of Licensee and Licensee's contractors, subcontractors, employees, representatives, and agents on Public Storage's Property, including their release of any Hazardous Substances on Public Storage's Property. Public Storage makes no representation or warranty as to the condition of the Licensed Property or its suitability for Licensee's purposes. The grant of this License is made on an "AS -IS", "WHERE -IS" and "WITH ALL FAULTS" basis. Public Storage is not required to provide any lighting or security services with respect to the Licensed Property. This agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter here of. IN WITNESS HEREOF AND EXECUTED BY Public Storage on the day and year first written above. PUBLI TOR By. Sa10 ICGG- 7 Its: Vice President (g tol btol)) HALLE PROPERTIES, L.L.C. By: vl yLLC _ Its: Agent License Agreement Temnorary Offsite Construction Exhibit "A" 150.000'(M) N52049'04'E 'S - —_i_ u ° 4N� lilts. t� mkz ,- OSJssar� VI, 1. EKISnNG BUILDINGS LOCATED ON ADJACENT PARCEL REQUIRE OFFSITE WORK FOR BUILDING REMOVAL AND GRADING TIE -OUTS WE WILL NEED A TEMPORARY CONSTRUCTION EASEMENT AND A LETTER OF INTENT FROM THE ADJACENT PROPERTY OWNER STATING THAT THEY WILL ALLOW US TO DO THIS WORK PUBLIC STORAGE PROPERTY tia 100 ' LLC 'ROPERTIES;-,, PROPERTY � 11E111G PRf3 !1!/ LW �� SJt3?. , S1Al6+ s C r� !A4W NIA �$• S .S C .4r0&&197XW5 !N!' 00 1429 Ar J.1✓ PN[' 0610-00-R7-12001 7lwVED, hP^ (hr.~ CO.VYEAt-AV) USE. 5f7F .T,'.WAZ City, State PS7 5 Exhibit " B" ACOR P CERTIFICATE OF LIABILITY INSURANCE `� 3/1/2022 °"'E1MD°""" 9/22/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorseme TL A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER LOCKTON COMPANIES CONTACT NAME: PHONE FAX ac Net: 500 West Monroe, Suite 3400 CHICAGO IL 60661 Flea (312)669-6900 INSURERS AFFORDING COVERAGE NAIC0 INSURER A: Old Republic Insurance Company24147 INSURED The Reinall-Thomas Corporation 1455846 dba Discount Tire Co., Inc✓ INSURERS: Allied World Assurance Company (U.S.) Inc. 19489 INSURERC: INSURER D Halle Properties, LLC 20225 N. Scottsdale Rd. Scottsdale, AZ 85255.6456 INSURER E: INSURER F: COVERAGES DISCO02 CERTIFICATE NUMBER: 17R71045 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LR T TYPE OF INSURANCE POLICY NUMBER MCYADYTP mm p Cc MERCIALGENERALLIABILRY CLAIMSMADE I OCCUR Y N MWZY 31284ti-21 I 3/I/2021 3/1/2022 EACH -OCCURRENCE S 1000000 I NThU urmnce S ) ,000,000 MED EXP (Any areFawn) $ XXXXXXX PERSONAL S ADV INJURY 3 1.000.000 GENL AGGREGATE LIMIT APPLIES PER: X POLICY ❑ JEG LOC OTHER GENERAL AGGREGATE E 2,000,000 PRODUCTS-COMPIOre AGO S 1,000,000 S A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHETOSDULED A AUTOS ONLY U HIRED NON -OWNED AUTOS ONLY AUTOS ONLY I N N M WTB 312845-21 3/ 1/2021 3/1/2022 IEP COMBNED SINGLE OMITS 5 000.000 BODILY INJURY (Per person) 3 XXXXXXX BODILY INJURY (PereWdentl S()( PROPERTY Per enl S XXXXXXX SXXXXXXX B X UMBRELLA LLAB EXCEr Liu OCCUR CLAIMS -MADE N N 0311-2118 I 3/1/2021 3/1/2022 EACH OCCURRENCE S $4,000,000 AGGREGATE 3 000000 OED RETENTIONS S XXXXXXX A WORKERS COMPENSATION YIN lm AEMPLOYERS' LIABILITY OFFICFOPRIET R(EXCIUDEDTECUTNE 7 (Mandatory In NN) Ilea. describe under DESCRIPTION OF OPERATIONS beb NIA N MWC 312844-21 3/1/2021 3/1/2022 PER OTN- X STATUTE E.L. EACH ACCIDENT E ] OOOOOO EL. DISEASE - EA EMPLOYEE 3 1000000 E.L. DISEASE - POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES WORD 101, AddIsmad Ranterb Schedule, may be attached B man Span Is required) RE: Store VAC 12457, 1636 Seminole Trail, Charlottesville, VA. Public Storage is included as additional insured if required by written contract with respect to general liability per the terms and conditions of the policy. CERTIFICATE HOLDER CANCELLATION See Attachment 17871045 VAC 1257 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Public Storage THE EXPIRATIONTHEREOF,WILL BE DELIVERED IN DATETHE Attn: Real Estate Counsel CE CY (NOTICE 701 Western Avenue — Glendale CA 91201 At1rNOR1aEDREPRESENTATtvE_ ACORD 25 (201 SIM) ®1988-20i$ ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD