HomeMy WebLinkAbout20C - AA - DT SKATE PARKREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 4, 2018
TITLE:
APPROVE LICENSE AGREEMENT WITH
EAST END REALTY PARTNERS, LP TO
CONSTRUCT NEW DOWNTOWN SKATE
PARK
(STRATEGIC PLAN NO. 3,4)
ON 00-
��WMMTICJM_m
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
/_111=159 01
❑ As Recommended
❑ As Amended
❑ Ordinance on 151 Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute a license agreement with East
End Realty Partners, LP to construct and maintain a new skate park in Downtown Santa Ana
for a five year period effective on the date of City's execution of the agreement, subject to
non -substantive changes approved by the City Manager and City Attorney.
2. Approve an appropriation adjustment recognizing $10,000 from East End Realty Partners, LP
in revenue account (no. 02710002-57990) and appropriate the same amount to expenditure
account (no. 02710133-66200) to be used for the completion of parking structure
improvements at the 5th and Spurgeon garage.
DISCUSSION
Skateboarding has gained popularity in Southern California as an active mode of transportation. In
2020, the Tokyo Olympics will now feature skateboarding as an official competitive sport. In Santa
Ana, the City currently only has one skate park located at Centennial park that is available to youth
and residents.
Many of Santa Ana's youth use skateboards as a way to get to and from school by traversing
through the downtown area. Some areas of the downtown have seen an increase in the damage
to curbs, benches, and planters from skateboarders. By creating a community space for
skateboarding in the downtown, youth in the City will be provided an recreational opportunity that
both nmvides a healthy lifestyle and potentially alleviate future damage to this downtown
infrastructure. The skate park would also aim to decrease the likelihood of skateboard and
pedestrian injuries and fatalities.
Placemaking inspires cities to collectively reimagine a public space into a community asset that
promotes health, safety, and active transportation. East End Realty Partners, LP, owners of several
properties in the downtown area, have approached the City with a request for placemaking to
20C-1
Downtown Skate Park License Agreement
December 4, 2018
Page 2
design and construct a skate park in the alley behind the parking structure on the southwest corner
of French St. and Spurgeon St. (Exhibit 1).
Adding a skate park to the downtown also creates an amenity for attracting more visitors to the
downtown area. These visitors will continue to eat and shop in the downtown which in turn
increases revenues to the City.
Upon City Council approval of the License Agreement, East End Realty Partners, LP will fund the
design and construction of a skate park in the alley behind the city -owned parking structure at 5th
and Spurgeon. Currently, the alley is used by service trucks for the adjacent businesses to exit
when they enter through Spurgeon drop off goods for the businesses. The construction of the
skate park will ultimately eliminate that exit. To accommodate these trucks, additional modifications
to remove overhead wires at the structure will need to take place. East End Realty Partners, LP
have agreed to contribute $10,000 towards those modifications to the City parking structure.
The license agreement has a 5 -year term and the ownership of the property remains with the City.
The downtown skate park operations will comply with the Santa Ana Municipal Code section 31-5
under Skate Park Facility Regulations.
It is anticipated that the skate park design and construction will be completed within 150 days of
the final improvements to the parking structure. The Planning and Building Agency and Public
Works Agency have been consulted on this project and will continue to provide guidance during
the construction of the skate park. No city funding will be used for this project.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #3 - Economic Development,
Objective #4 (Continue to pursue objectives that shape downtown Santa Ana into a thriving,
culturally diverse, shopping, dining, and entertainment destination).
FISCAL IMPACT
The $10,000 contribution from East End Realty Partners, LP will be deposited into the Parking
Operations Miscellaneous Income revenue account (no. 02710002-57990) for expenditure in the
Downtown Enhancements, Building Improvement expenditure account (no. 02710133-66200) in
FY 2018-19.
APPROVED AS TO FUNDS AND ACCOUNTS:
Com,
iwaa�;Z
Steven A. Mendoza Kathryn Do ns, CPA c; -F,
Executive Director Executive Director
Community Development Agency Finance and Management Services Agency
Exhibits: 1. License Agreement
2. Proposed location and moM092
EXHIBIT 1
RIGHT OF ENTRY AND LICENSE AGREEMENT
This Right of Entry and License Agreement C Agreement") is made and entered into as of
this_day of , 2018, by and between the CI'T'Y OF SANTA ANA, a charter city and
municpal corporation of the State of California C City'), and EAST ENI) REALTY
PARTNERS, LP, a California limited partnership ("Licence').
RECITALS
A. The City is the owner of certain real property in the form of an alley located behind
the parking structure on the southwest comer of French and Spurgeon, in the City
of Santa Ana (APN #398-326.11), described as set forth in Exhibit A attached
herewith and incorporated herein by reference (" Property" ).
B. Licensee, owners of several properties in the downtown area, approached the City
with a request to enter onto the Property owned by the City to fund the design,
construction and maintenance of a new Skate Park in Downtown Santa Ana
C'Project").
C. The City wishes to grant Licensee a right of entry and license to design, construct
and maintain the Project on the Property on a non-exclusive basis upon certain
terms and conditions.
NOW, THEREFORE, for good and valuable consideration, City and Licensee do hereby
agree as follows:
1. Right of Entry and License. Provided that all of the terms and conditions of this
Agreement are fully satisfied, as of the Effective Date of this Agreement the City hereby grants to
Licensee and its employees, agents and contractors the nonexclusive, nonassignable, personal right
and license to enter upon the Property to design, construct, and maintain the Project, and for no
other purposes without the prior written approval of the City. The Project shall include a Skate
Park and complementary uses, including, but not limited to, special events, competitions, and trade
shows as allowed pursuant to City event permits, as required. Licensee shall operate the Project
according to the operational standards attached herewith as Exhibit B and incorporated herein by
reference. It is expressly understood that this Agreement does not in any way whatsoever grant or
convey any rights of possession, easement or other cognisable property interest in the Property.
Upon termination of this Agreement, any improvements constructed by Licensee on the Property
shall be the property of the fee title owner of the Property.
2. Term. This Agreement shall commence on the Effective Date and terminate after
five (5) years, unless an extension or renewal is granted by City. Notwithstanding the foregoing
or any other provision of this Agreement, either City or Licensee may terminate this Agreement
with or without cause, or for any reason, at any time, by giving the other party thirty (30) days
written notice of termination at the address provided herein.
20C-3
2.1. Surrender of Possession. At the expiration or termination of this
Agreement, whether with or without cause, Licensee shall promptly quit and surrender the
Property in a good state of repair.
2.2 Waiver of Liability on Termination. Licensee hereby waives all damages
or claims for damage that may be caused by any action of City in terminating this
Agreement, whether with or without cause, or takingpoasossion of the Property as provided
in this Agreement or at law, and Licensee waives all claims for damages to or loss of such
property of Licensee as may be in or upon the Property upon the termination of this
Agreement.
3. Compensation. The parties hereto agree that the Licensee shall be authorized to
use the Property for the purposes set forth herein at no cost. The parties agree that the benefit that
will acme to the citizens of Santa Ana through the Project is commensurate with the value of
Licensee for the use of the Property.
4. General Provisions. By execution of this Agreement, Licensee agrees for itself
and on the behalf of oil Licensee Parties as follows:
4.1. Licensee, together with its employees, agents, representatives, and all
persons entering the Property, by, through, or at the direction or invitation of Licensee, are
collectively referred to herein as the "Licensee Parties." Licerim shall be responsible for
causing the Licensee Parties to comply with the terms of this Agreement.
4.2. All acts and things done by Licensee on the Property will be done in a
careful and reasonable manner, in accordance with all federal, state and local laws,
ordinances, and regulations, and permits. Specifically, Licensee shall operate the Project
in accordance with all skate park facility regulations found in Santa Ana Municipal Code
§ 31-5. Licensee shall obtain any and all governmental permits, approvals, licenses or
other authorizations that may be required in connection with the use of the Property as set
forth in this Agreement. No approval or consent given under this Agreement by City shall
affect or limit Licensee's obligations hereunder, nor shall any approvals or consents given
by City, in its capacity as a party to this Agreement, be deemed to be approval as to
compliance or conformance with any applicable governmental codes, laws, orders, rules or
regulations.
43. Licensee agrees and acknowledges that nothing herein is intended; nor shall
it be interpreted, as to bind the City to issue or grant may permits or entitlements needed to
perform the work specified in this Agreement.
4.4. That Licensee will not maintain, commit or permit the maintenance or
commission of any dangerous condition or waste or any nuisance (as defined in California
Civil Code §3479) to be created on the Property, and Licensee shall not use or permit the
use of the Property for any unlawful purpose.
4.5. Licensee shall enter the Property entirely at its own cost, risk and expense.
City makes no representation or warranty of any kind as to the condition of the Property or
any other matter relating to Licensee's use of the Property. Licensee hereby disclaims and
20C-4
waives any and all objections to the physical and other characteristics and conditions ofthe
Property. Licensee acknowledges and agrees that the use of the Property will be on the
basis of Licensee's own investigation of the condition of the Property. The license to use
the Property shall be granted on an "AS -IS," "WITH ALL FAULTS" basis, without
representation or warranty expressed or implied by City, or by operation of law. City
expressly disclaims, which Licensee hereby acknowledges and accepts, any implied
warranty of condition or fitness for a particular purpose or use. Licensee's use of the
Property shall be subject to the Property being in a usable and safe condition at the time of
Licensee's use, and Licensee shall be responsible for determining whether the Property is
in such condition. In connection therewith, in the event that the Property or access thereto
is damaged or obstructed or the use by Licensee is otherwise impaired, prevented or
limited, City shall have no obligation or duty to repair the damage or rectify the condition
to make the Property usable or safe.
4.6. Licensee shall not permit any mechanics', materialmen's or other liens of
any kind or nature ("Liens') to be filed or enforced against the Property in connection with
this Agreement. Licensee shall indemnify, defend and hold harmless City from all liability
for any and all liens, claims and demands, together with costs of defense and reasonable
attorneys' fees, arising from any Liens. City reserves the right, at its sole cost and expense,
at any time and from time to time, to post and maintain on the Property, or any portion
theroot or on the improvements on the Property, any notices of non responsibility or other
notice as may be desirable to protect City against liability. In addition to, and not as a
limitation of City's other rights and remedies under this Agreement, should Licensee fail,
within ten (10) days of written request from City, either to discharge any Lien or to bond
for any Lien, or to defend, indemnify, and hold harmless City from and against any loss,
damage, injury, liability or claim arising out of a Lien, then City, at its option, may elect to
pay such Lien, or settle or discharge such Lien and any action or judgment related thereto
and all costs, expenses and attorneys' fees incurred in doing so shall be paid to City, as
applicable, by Licensee upon written demand.
4.7. Licensee shall not have any interest in the Property or be entitled to any
reimbursement or repayment for any work performed upon the Property pursuant to this
Agreement.
4.8. Licensee shall take all necessary precautions to prevent the import and/or
release into the environment ofany "hazardous material, "`hazardous waste" or "hazardous
chemicals" as those terms are used in CLRCLA (42 U.S.C. § 9601(14)) or SARA (42
U.S.C. § 110211(e)) or any similar Federal, State, or local law, statute, ordinance,
regulation or order, which are imported to, in, on or under the Property during this right of
entry. If such hazardous materials are imported onto the Property, Licensee shall be solely
responsible for removing such imported hazardous materials in conformance with all
governmental requirements. Licensee shall report to City, as soon as possible after each
incident, any unusual or potentially important incidents with respect to the environmental
condition of the Property.
20C-5
4.9. Licensee shall be solely responsible for obtaining all utility service and for
the payment of all utility charges, including but not limited to water and power, supplied
to the Property that is necessary for the purpose of carrying out the Project.
4.10. City's Downtown Clean Team shall provide all janitorial services to the
Property, subject to inclusion in the yearly Downtown HID Clean and Safe budget, and
approval by the City Council, which is not guaranteed by reference in this Agreement. If
Downtown Cleats Team cannot provide janitorial services to the Property for any reason,
Licensee shall at its own cost and expense provide all janitorial services to the Property.
Licensee shall during the term of this Agreement at Licensee's cost and expense keep the
Property, and every part thereof, in good order, condition and repair.
4.11. Licensee hereby acknowledges the title of City in and to the Property,
including the real property fixtures and improvements existing or erected thereon, and
Licensee hereby covenants and promises never to assail, contest or resist City's title to the
Property.
4.12. City's Downtown Safe Team shall monitor the Property as part of general
Downtown patrol, subject to inclusion in the yearly Downtown BID Clean and Safebudget,
and approval by the City Council, which is not guaranteed by reference in this Agreement.
Licensee acknowledges that City makes no representation or warranty, express or implied,
regarding the security of the Property or the need for or propriety of any security measures
at the Property, and Licensee further acknowledges that City shall have no obligation
whatsoever to provide guard service or any other security treasures. Licensee expressly
assumes all responsibility for the protection and security of the Property, Licensee,
Licensee's designees and property within the Skate Park from any and all acts of any third
party
4.13. As a condition precedent to the effectiveness of this Agreement, Licensee
agrees to comply with the provisions of Education Code § 10911.5, Penal Code § 1105.3
and Public Resources Code § 5164 with respect to the fingerprinting of participants,
volunteers, staff, and other invitees of Licensee.
4.14. City or its authorized representatives shall have the right at all reasonable
times to enter upon the Property and inspect the general condition of the Property to
determine if Licensee is complying with the terms, conditions, requirements and provisions
of this Agreement. City shall at all times retain the right to raise issues or concerns with
Licensee regarding the fitness of the Property for the intended use, order the Licensee to
cease use of the Property, in the City's sole discretion, until Licensee has sufficiently
addressed the issues or concerts to the City's satisfaction, or to take such other actions as
deemed reasonably necessary to ensure the safety of any persons entering the Property.
5. Legal Relations and Responsibilities. City and Licensee understand and agree
that the only relationship between them created by this Agreement is that of Licensor and Licensee,
and that this Agreement does not create, and shall not be construed to create, any agency,
partnership, joint venture, landlord -tenant or other relationship between City and Licensee.
20C-6
5.1. No Obligation to Third Pardee. Execution and issuance of this
Agreement shall not be deemed to confer any rights upon, directly, indirectly or by way of
subrogation, not obligate either of the parties hereto to, any person or entity other than City
and Licensee.
6. Insurance. Prior to undertaking performance of work under this Agreement,
Licensee shall maintain and shall require all contractors performing improvement work at the
Property, to obtain and maintain insurance as described below:
6.1. Commercial General Liability Insurance. Licensee shall maintain
commercial general liability insurance naming the City of Santa Ana and their officers,
employees, agents, volunteers and representatives as additional insured(s) and shall
include, but not be limited to, protection against claims arising from bodily and personal
injury, including death resulting therefrom and damage to property, resulting from any act
or occurrence arising out of Licensee's operations in the performance of this Agreement,
including, without limitation, acts involving vehicles. The amounts of insurance shall be
not less than the following: single limit coverage applying to bodily and personal injury,
including death resulting therefrom, and property damage, in the total amount of
$1,000,000.00 per occurrence. Licensee shall supply City with a fully executed additional
insured endorsement upon execution of this Agreement and shall be approved in form by
the City Legal Counsel,
6.2. Worker's Compensation Insurance as required by California law.
6.3. Comprehensive Automobile Liability Coverage, including as applicable
owned, non -owned, and hired autos, in an amount of not less than $1,000,000 per
occurrence, combined single limit, written.in an occurrence form.
6.4. Professional Liability (errors and omissions) Insurance, with a
combined single limit of not less than $1,000,000 per claim, as applicable.
6.9. The following requirements apply to the insurance to be provided by
Licensee pursuant to this section:
i. Following completion of the Work and thereafter during operation of the
Project, the insurance to be maintained by Licensee pursuant to Section 6.1
shall provide secondary coverage as to City, with City's separately
maintained insurance providing primary coverage as to City and as to
Licensee Parties as additional named insureds. Licensee shall maintain all
msurance required above in full force and effect for the entire period
covered by this Agreement.
ii. Certificates of insurance shall be furnished to the City and Licensee upon
execution of this Agreement and shall be approved in form by Licensee and
by the City Legal Counsel.
20Ci-7
iii. Certificates and policies shall state that the polices shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty
(30) days prior written notice to the City.
6.6. City reserves the right, throughout the Term of this Agreement, to review
and change the amount and We of insurance coverage it requires in connection with this
Agreement.
6.7. If Licensee fails or refases to produce or maintain the insurance required by
this section or fails or refuses to finuish City with required proof that insurance has been
procured and is in force and paid for, City shall have the right, at its election, to forthwith
terminate this Agreement.
7. Construction of Project. Licensee shall provide all necessary construction,
maintenance, reconstruction, installation, restoration, alteration, repair, replacement or removal
("Work") for the Project on the Property. A list of the Work to be completed by Licensee is
attached herewith as Exhibit C and incorporated herein by this reference. Prior to commencement
of Work, Licensee shall submit work plans and specifications ("Plans") to City for review. Any
such Work must be carried out pursuant to Plans approved in writing by City. All construction
work performed or caused to be performed by Licensee on the Property shall be performed: (a) at
Licensee's sole cost and expense; (b) in accordance with any and all applicable laws, rules and
regulations (including State Labor Code Prevailing Wage Laws and Public Contract Code); and,
(c) in a manner which: (i) meets or exceeds the then applicable standards of the industry for such
Work; and, (ii) is satisfactory to City. Licensee shall contract with a qualified Skate Park
designer/builder ("Contractor"). In addition, Licensee shall provide City and all holders of
underground utility facilities located within the Property with at least ten (10) calender days'
written notice prior to commencement of any Work on the Property, except in cases of emergency,
in which event Licensee shall notify City's representative pasonally or by phone prior to
commencing any Work. Contractor shall be responsible for security, maintenance, and cleanliness
of the Property during Work. City shall at all times retain the right to stop Work, order the
Contractor off of the Property, or to take such other actions as deemed reasonably necessary to
ensure the safety of workers or equipment.
7.1 City Improvements to Parking Structure. As the Property currently
allows service trucks for the adjacent businesses the ability to enter on Spurgeon and exit
through the alley, the construction of the Project will eliminate that exit. To accommodate
these trucks, additional modifications to widen the entries and remove the overhead wires
at the parking structure will need to take place ("City lmprovemcnts`�. Licensee agrees to
split the cost of such City Improvements with the City, up to $10,000 towards those
modifications to the City parking structure.
7.2. Completion of Work. Licensee agrees to commence the Work provided
herein immediately upon the completion ofthe City Improvements to the parking structure
and City issuance of any and all required approvals and permits, and to continue in a due
and diligent, workmanlike manner, without interruption, and to complete the Project within
five (5) months ("Completion Date'). The Completion Date shall be deemed to have
occurred when Licensee delivers a certificate to City stating that, to the best of the
0
20Ci-8
Licensee's knowledge based upon the representation of contractors, subcontractors,
architects, engineers, vendors or other consultants, the Project has been constructed. The
Licensee shall certify to City that the Project is complete and in substantial conformity with
the Plans as approved by City, Upon Completion, Licensee shall provide City with a
completed ad of as -built drawings. Additionally, unless otherwise requested by City, upon
completion of any Work, Licensee shall restore the surrounding Property to its condition
immediately preceding the commencement of such Work.
7.3. Ownership of Lnrprovements. Ali improvements constructed or placed on
or within the Property by Licensee, including, but not limited to, electrical and other utilities,
listed or not, shall, upon the completion of Work, installation or placement within the
Property, be free and clear of all liens, claims and liability for payment for labor and material
and shall be owned by and considered the property of the City.
8. Maintenance and Repair of Project. Licensee, at Licensee's sole expense, shall
maintain, repair and renew the Property, and appurtenances, in a condition satisfactory to City during
the Temi of this Agreement and shall perform all maintenance and clean-up of the Property as
necessary to keep the Property in good order and condition, subject to City's prior approval and
satisfaction, and in accordance with applicable City codes.
8.1. Licensee's Obligation to Maintain Property. City's Downtown Clean
Team shall provide all janitorial services to the Property, subject to inclusion in the yearly
Downtown BID Clean and Safe budget, and approval by the City Council, which is not
guaranteed by reference in this Agreement. If Downtown Clean Team cannot provide
janitorial services to the Property for any reason, licensee shall at all time during the tam
of this Agreement, at its sole cost and expense, remove all trash and debris from the Property.
Licensee shall also keep and maintain in good condition and in substantial repair (all to the
satisfaction of City, in,its sole discretion), the Property and all appurtenances and every part
thereof, including raised planters and improvements of any kind erected, installed or made on
or within the Property. Ucensee shall at all times in the maintenance and use of the Property
and the raised planters, buildings, structures, facilities, improvements and equipment thereon
(if any), comply with all laws, ordinances and regulations pertaining thereto, and all
conditions and restrictions setforthherein. Licensee expressly agrees to maintain the Property
W a safe, clean, wholesome, and sanitary condition and free of trash and debris, to the
complete satisfaction of City and in compliance with all applicable laws.
8.2. Vandalism. Licence shall repair all vandalism dauucge to the Property within
five (S) days of occurrence of said damage. Licensee shall also remove any graffiti within the
Property within twenty-four (24) hours of either observing the graffiti or of being notified by
City to remove it, whichever occurs fast.
83. Licensee's Default. In the event that licensee fails, neglects or refuses to
remove trash or debris deposited by Licensee or Lcensee's invitees on the Property or to
maintain or make repairs or replacements as required by this Agreement, City shall notify
Licensee in writing ofsuch failure orrefinal, in the event City determines in its sole discretion
that such repairs or replacements are necessary for the health and safety of persons on the
Property, any and all use of the Property shall cease until such repairs or replacements are
7
20C-9
completed to the satisfaction of City. Should Licensee fail or refuse to correct such default
within ten (10) days of receipt of such written notice from City, City may, but shall not be
required to, itself or by contact, undertake the necessary maintenance, repair or replacements;
and the cost thereof; including but not limited to the cost of labor, materials and equipment
and procurement of insurance, plus an administrative fee in the amount of fifteen percent
(15%) of the sum of such costa, shall be paid by Licensee to City within. ten (10) days of
Licensee's receipt of a statement of such costs fire m City. Any such maintenance, repair or
replacement by or on behalf of City shall not be doomed to be a waiver of Licensee's default
under this Agneemout, and shall not in any way impair, prevent or restrict Qtyfrom exercising
any of its rights or remedies set forth in ibis Agreement or otherwise provided at law.
9. Indemnification, Defense, Hold Harmless.
9.1. Public Venue. At any time the Property is open for use by the general
public, each Party shall have no obligation to indemnify the other for claims, actions,
demands, suits, losses, liabilities, judgments, expenses or costs (including attorneys fees)
made by third parties arising out of or related to the operation of the Property or related
services for this Agreement. Each Party hereby expressly disclaims any such
indemnification obligation.
9.2. Private Events. At any time the Property is being used for Licensee's
private evcnt, Licensee agrees to defend, and shall indemnify and hold harmless the City,
its officers, agents, employees, contractors, special counsel, and representatives from
liability: (1) for personal injury, damages, just compensation, restitution, judicial or
equitable relief arising out of claims for personal injury, including death, and claims for
property damage, which may arise from the negligent operations of the Licensee, its
subcontractors, agents, employees, or other persons acting on its behalf which relates to
the use of the Property described in this Agreement; and (2) from any claim that personal
injury, damages, just compensation, restitution, judicial or equitable relief is due by reason
of the terms of or off" arising from this Agreement. This indemnity and hold harmless
agreement applies to all claims for damages, just compensation, restitution, judicial or
equitable relief suffered, or alleged to have been suffered, by reason of the events referred
to in this Section or by reason of the terms ot, or effects, arising from this Agreement.
9.3 Validity of Agreement. Licensee firther agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the
validity of this Agrcement, or asserting that personal injury, damages, just compensation,
restitution, judicial or equitable relief due to personal or property rights arises by reason of
the terns of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding.
10. Miscellaneous.
10.1. Entire Agreement, Walver and Amendments. This Agreement
incorporates all of the terms and conditions mentioned herein, or incidental hereto, and
supersedes all negotiations and previous agreements between the parties with respect to the
20C-10
subject matter of this Agreement. All waivers ofthe provisions of this Agreement must be in
writing and signed by the appropriate authorities of the party to be charged. Any amendment
or modification to this Agreement must be in writing and executed by the appropriate
authorities of the City and Uccauussce.
10.2. Severability. Ifany temi, provision, covenant, or condition ofthis Agreement
is heldbya court of competent jurisdiction to be invalid, void, or unenforceable, theremaining
provisions of the Agreement shall continue in full force and effect, unless and to the extent
the rights and obligations of one or both parties has been materially altered or abridged by
such holding.
10.3. No Assigmttant. Licensee shall not assign or transfer or otherwise convey
any interest in this Agreement to any party without the express prior written consent of City,
which consent maybe withheld in City's sole and absolute discretion.
10A. Choice of Law. This Agreement is to be governed by, and construed in
accordance with, the laws of the State of California. Venue shall be in the County of Orange.
105. Remedies. Either party shall, in addition to all other rights provided herein or
as may be provided by law, be entitled to the remedies of specific performance and injunction
to onf trce its rights bereunder, except to the extent expressly provided to the contrary in this
Agreement. All rights and remedies under this Agrecmcnt are cumulative and no one of them
shall be exclusive of any other, and each party shall have the right to pursue any one or 0 of
such rights and remedies or any other remedy which may be provided bylaw, whether or not
stated in this Agreement, except to the extent aTressly provided to the contrary in this
Agreement.
10.6. Disputes. In the event that any action is commenced by a party to this
Agreement against the other to enforce its rights or obligations arising from this Agreement
or seeking to interpret this Agreement, the prevailing party in such action, in addition to any
other relief and recovery ordered by the court, shall be entitled to recover all statutory costs,
plus reasonable attorneys' fees.
10.7. Counterparts. This Agreement may be executed in two (2) or mora
counterparts, each of which shall be deemed an original, but all of winch together shall
constitute one and the some instrument.
10.8. Nom -Liability of Public 0liicials. No officer, employee, member, agent or
representative of the City shall be personally liable to Licansee, or any successor in interest,
in the event of any default or breach by the City, or for any amount which may become due
to Licensee or its successor, or for anybreach of any obligation ofthe teras ofthis Agreement.
10.9. Effective Date. This Agreement shall become effective on the date of City's
execution of this Agreement.
10.10. Notices. Anynotices, requests, or approvals given under this Agreement from
one party to another shall be in writing and shall be personallydelivered or deposited with the
United States Postal Service for mailing, postage prepaid, by certified mail, return receipt
20C-11
requested, to the addresses of the other party as stated in this section, and shall be deemed to
have been received at the time of personal delivery or three (3) days after the deposit for
mailing. Notices shall be sent to:
If to Licensce; Ryan Chase
President
Fast End Realty Partner, LP
129 West Wilson Street, Suite 100
Costa Mesa, CA 92627
If to Licensor. Clerk of City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702.1988
10.11. Headings. The titles and headings of sections and paragraphs of this
Agreement, as herein set forth, have been inserted for the sake of convenience only, and
are not to betaken, deemed or construed to be any part ofthetam, covenants or conditions
of this Agreement, or to control, limit or modify any of the terms, covenants or conditions
hereof
10.12. Time of Essence. Time is of the essence of this Agreement. Failure to
comply with any requirement, including, but not limited to, any time requirement, of this
Agreement shall Constitute a material breach of this Agreement.
10.13. Construction. This ?agreement shall be construed, interpreted, governed
and enforced in all respects as if dratted by both City and licensee.
10.14. Further Assurances. Each of the parties hereto shall execute and deliver
any and all additional papers, documents and other assurances and shall do any and all acts
and things reasonably necessary in connection with the performance of their obligations
hereunder and to carry out the intent of the parties hereto.
10.15. Authority. The persons executing this Agreement on behalf of the parties
hereto represent and warrant to the other party that they are duly authorized to execute and
deliverthis Agreement onbehalf ofsuchparty, and by so exeeutingthisAgreement said party
is formallybound to the provisions of this Agreement.
{Signatures on follo)Wngpage)
IE
20C-12
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
CITY OF SANTA ANA
Raul Godinez II
City Manager
Sonia R. alho
77i
cty �
�
EAST END REALTY PARTNERS, LP
B
Ryan dAdie
Assistant rty Att y
Ryan Chase, President of East End
Realty Partners GP, General Partner
RECOMMENDED FOR APPROVAL:
Steven A. Mendoza
Executive Director
Community Development Agency
11
20C-13
,ea;r
12
20C-14
SKATE PARK QnBAT— ONS
• Proposed Hours: (10am— lOpm), other than for special events. Hours canbe adjusted upon
mutual agreement of the parties.
Park Closure: East End Realty Partners LP to close Skate Park for special events and
private parties, subject to obtaining any required permits from the City. East End Realty
Partners -LP will pay for all-out of pocket expenses for cleanup of alley after any City
sponsored events only.
+ City shall also be permitted access to Skate Park for private events in coordination with
East End Realty Partners LP events. City will pay for all out of pocket expenses for cleanup
of alley after any City sponsored events only.
• Sponsorships — City approval of sponsorships required prior to East End Realty Partners
LP events. No adult usetunder 18 materials (drugs, liquor, political organizations, etc.)
shall be permitted.
• Upon review and approval by the City, and East End Realty Partners LP obtaining all
necessary building and safety permits, East End Realty Partners LP to hang and place
signage above the Skate Park from East End Realty Partners LP property (305 East Fourth
Street) to City parking structure at East End Realty Partners LP's sole cost and expense.
• Standard safety and liability signage mutually agreed upon by the parties shall be posted
throughout the Skate Park.
• Must comply with Santa Ana Municipal Code § 31-5 — Skate park facility regulations.
13
20C-15
LICENSEE PROPERTY IMPROVEMENTS
hnprovements by East End Realty Partners LP (subject to City review and approval prior to
installation or completion of work):
• Lighting on Best End Realty Partners LP owned buildings;
• East End Realty Partners LP to paint murals on City structure. City must review and
approve content prior to installation, and can remove if contract terminates;
• At its election, But Bad Realty Partners LP may demolish City Planters/landscaping off
both sides of Spurgeon Street adjacent to its 219 East Fourth Street and 305 East Fourth
Strut holdings, provided it replaces said plantera/landscaping with high quality new
planter, landscaping, or patio, or for building exiting, subject to meeting safety codes and
allowing for pedestrian flow on sidewalk meeting public works minimum requirements;
• At its election, East End Realty Partners LP may relocate City bike but to another mutually
agreed upon location at East End Realty Partners LP cost;
• At its election, East End Realty Partners LP may remove, replace or relocate its flagpole
near Fourth/Spurgeon to another location at East End Realty Partners LP; and,
East End Realty Partners LP will relocate dumpsters servicing 219 and 305 East Fourth
Street from alley to mutually agreed upon and specified location in adjacent Plaza next to
305 Bast Fourth Street. East End Realty Partners LP will be responsible for constructing
an enclosure around the dumpsters that will blend into the aesthetics of the Plaza. Final
layout and construction plans must be approved by the City.
14
20C-16
z
Lo
N
W
O
J
Q
H
U
Q
H
O
z
Q
z
R
LU
O
z
W
Y
v
O
w
J
a
Q
20C-18