HomeMy WebLinkAboutCHARLES KING COMPANY (4)INSURANCE NOT ON FILE
WORK MAY NOT PROCEED
CLERK OF COUNCIL
N-2023-048-02
N
DATE:
MAYOR
N
Valerie Amezcua
W
MAYOR PRO TEM
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Jessie Lopez
COUNCILMEMBERS
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Phil Became
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Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
20 Civic Center Plaza at P.O. Box 1988
\\ Santa Ana, California 92702
PhIA 1 AV) w .sanla-ana.orc
�DGutclR> April 21, 2023
Charles King Company
2841 Gardena Avenue
Signal Hill, CA 90755
Re: Extension of License Agreement — (N-2023-048)
CITY MANAGER
Kristine Ridge
CITY ATTORNEY
Sonia R. Carvalho
CITY CLERK
Jennifer L. Hall
Pursuant to Section La. of the above -referenced License Agreement, entered into by Charles King
Company, and the City of Santa Ana, dated December 16, 2022, the time period of the License
Agreement is hereby extended for an additional two (2) month period through June 28, 2023. Any
insurance certificates are required to be extended and/or renewed to cover this extension. All other
terms and conditions of the Lease Agreement remain unchanged and in full force and effect.
Sincerely,
Nabil Saba
Executive Director
Public Works Agency
APPROVED AS TO FORM
�maw
Jose Montoya
Assistant City Attorney
CITY OF SANTA ANA
Kri i Ridge
City Manager
CHARLES KING COMPANY
/J�'
By: 6ebra King
Title: Vice-president
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SANTA ANA CITY COUNCIL
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Mayor Mayor Pra Tam, Ward 3 WerdI Wand W.M4 WaM5 Werd5
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CLERK OF COUNCIL
DATE:
N-2023-048
0
LICENSE AGREEMENT
e.e
Go This LICENSE AGREEMENT ("Agreement") is dated as of December 16, 2022 and
C9 entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation
m existingunder the Constitution and laws of the State of California ("City"), and Charles King
� Company ("Licensee"),
RECITALS
A. The City is the owner of that certain real property located in the City of Santa Ana,
County of Orange, California, more specifically identified as 124 E Warner Avenue
(APN 016-031-37) and 128 E Warner Avenue (APN 016-031-32) as depicted on
Exhibit A and Exhibit B ("License Area").
B. Licensee desires to use the License Area for purposes of storing vehicles, materials,
and other construction equipment and stockpile during the License period
("Permitted Uses").
C. The City has agreed to grant Licensee a license to use the License Area, on the
terms and conditions set forth in this Agreement.
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained and for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto agree as follows:
License.
a. The City hereby grants to Licensee a nonexclusive license for the right to enter and
use the License Area beginning on December 1, 2022, for the Permitted Uses
described in Recital B, upon the terms and conditions set forth herein ("License"),
subject to Licensee's performance of all of its obligations under this Agreement.
This License shall remain in effect until February 28, 2023 unless extended in
writing by the Executive Director of the Public Works Agency, or his or hen
designee. City reserves the right to immediately suspend all activities or terminat6.
this Agreement upon Licensee' non-compliance with any of the terms or conditions
of this Agreement. This Agreement is intended and shall be construed only as a
revocable license to use the License Area and not as a lease or grant of any
possessory or other interest.
b. Hours of Operation: All work performed at the License Area shall be performed
between the hours of 7:00 AM and 5:00 PM, Monday through Friday, unless
otherwise provided in writing by City, such consent not to be unreasonably
withheld.
2. Compliance with Laws. Licensee shall cause all activities of Licensee under this
Agreement and all activities on the License Area to be performed in compliance with all applicable
federal, state, and local laws, ordinances, and regulations, and permits.
3. Bost Management I'Motioes and Clean Upi At its sole cost, Licensee shall clean up
and install, implement, and maintain Best Management Practices (BMPs) at the License Area as
outlined below.
Within seven (7) days of occupying the License Area, the Licensee shall;
(a) Remove old and/or damaged sediment control BMPs from the License Area
and install now sediment control BMPs along the entire perimeter ofthe License
Area. Appropriate sediment control BMPs include straw wattle, gravel bag
berm, or silt fence. Licensee shall Install sediment control BMPa per the SE-5,
SE-6, or SE-1 details provided in the California Stormwater Quality
Association (CASQA) Stormwater AMP Handbook for Construction.
b Install traolc!Rg control BMPs at the vehicle access oint to the License Area.
Licensee shall &—talf tracking oontrol BMPs per tho TC-1 detail provided in the
California Stormwater Quality Association (CASQA) Stormwater AMP
Handbook for Construction.
(o) Install a fence, if required, and Green Screen.
Throughout the duration of the License Agreement, the Licensee shall:
a) Cover all stockpiles that are not actively being used or scheduled to be used
within a seven (7) day period. Additionally, all stockpiles shall be covered
prior to the onset of precipitation. Licensee shall ensure that stockpile
coverhrgs are installed securely to protect from wind and rain. Licensee shall
only be allowed to stockpile construction materials or sediment that Is directly
related to their City of Santa Ana Capital Improvement Project,
b) Maintain effective Tracking control BMPs to prevent off site sediment
tracking from the License Area.
c) Maintain effective Sediment control BMPs along the entire perimeter of the
License Area, at all adjacent storm drain Inlets, and on all rain -active slopes,
as appropriate.
d) Sweep the street, sidewalk, and parkway adjacent to the License Area at the
end of the working day and prior to forecasted rain events,
e) Use a dumpster or appropriate waste receptacle to discard of all trash and debris.
Dumpsters and waste receptacles shall be covered prior to the -onset of
precipitation.
f) Implement Wind Erosion Control BMPs (dust control), as appropriate, per the
WE-1 detail provided in the California Stormwater Quality Association
(CASQA) Stormwater AMP Handbook for Construction,
g) Remove graffiti on the fence or green screen within one (1) day of nodfloation
by the City.
h) Repair vandalism to fence or green screen within one (1) day of notification by
the City.
Remove weeds or vegetation growing within License Area or around perimeter
within seven (7) days of notification by the City,
Within fourteen (14) days of vacating the License Area, the Licensee shall clean up the
License Area as outlined below:
a)
Remove all trash, debris, sediment, stockpiles, and construction materials
from the License Area.
b)
Remove old and/or damaged sediment control BMPs from the License Area
and install now sediment control BMPs along the entire perimeter of the
License Area. Appropriate sediment control BMPs Include straw wattle,
gravel bag berm, or silt fence. Licensee shall install sediment control BMPs
per the SL 5, SE-6, or SE•I details provided in the California Stormwater
Quality Association (CASQA) Stormwater BMP Handbook fbr Construction.
a)
Remove Tracking Control BMPs from the License Area,
Coyer the surface of the entire License Area with two 2 inches of three•
- - -
quarter (3%4) inch diameter gravel.
License Area clean up shall be completed to the sole satisfaction of the City no
later than the times specified in the License as stated In paragraph 1 above, and the
License shall be extended to such time for the limited purpose of allowing the clean up to
be completed.
4. Damage, In the event that Licensee damages any portion of the License Area or
the improvements or equipment therein, Licensee shall immediately repair the damage at
Licensee's sole cost. Alternatively, the City may, at its election, repair the damage in which case
Licensee shall reimburse the City for its cost within fifteen (15) days of reoeipt of written demand
from City.
5. Licen oe Parties. Licensee, together with its employees, subcontractors, agents,
representatives, and all persons entering the License Area, by or through or at the direction of
Licensee, are collectively referred to herein as the "Licensee Parties." Licensee shall be
responsible far the Licensee Parties and shall cause the Licensee Parties to oomply with the terms
of this Agreement. ,
6. Pee. , As consideration for this Agreement, Licensee shall pay City a monthly
license fee of $6,000 beginning January 1, 2023. Licensee shall continue to pity the monthly fee
of $6,000 for any extension of the Agreement pursuant to Section 1.
The Licensee agrees to compensate City for its occupancy of the License Area from July 2022 —
December 2022 in an amount of $36,000 on or before January 1, 2023• The outstanding invoices
arc attached hereto as Exhibit C and incorporated herein by this reference.
7• AS -IS Condition. City makes no representation or warranty of arty kind as to the
condition of the License Area or any other matter relating to Licensee's use of the License Area.
Licensee hereby disclaims and waives any and all objeotions to the physical and other
characteristics and conditions of the License Area, Licensee acknowledges and agrees that the use
of the License Area will be on the basis of Licensee's own investigation of the condition of the
License Area, The license to use the License Area shall be granted on an "AS-15," "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
warrantyofcondition orfitness for aparticular purposeoruse. Licensee's use of the License Area
shall be subject to the License Area being in a usable and safe condition at the time of Licensee's
use and Licensee shall be responsible for determining whether the License Area is in such
condition. In connection thorowith, in the event that the License Area 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 License Area usable
or safe,
8. ,Ipsuranca. Licensee shall secure or cause its agents or contractors performing any
entry onto the License Area to secure, prior to commencing any activities under this Agreement,
and maintain or cause to be maintained during the term of this Agroement, Insurance coverage as
follows;
a. Commercial General Liability Insurance. Licensee shall maintain commercial
general liability insurance which shall include, but not be limited to, protection against clahns
arising from bodily and personal injury, Including death resulting therefrom and damage to
property, resulting from any act or occurrence arising out of Licensee Parties use of the License
Area, including, without limitation, sots 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 per occurrence
and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees,
agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory
with respect to insurance or self-insurance programs maintained by the City; and (c) contain
standard separation of insureds provisions.
b. Worker's Compensation Insurance as required by California law,
c. , Comprehensive Automobile Liability Coverage, including as applicable ownedi
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.
9. ndemnit , Licensee shall Indemnify, defend, and hold harmless City, and its
respeotive I agents, reprosentatives, employees, subsidiaries and affiliates ("Covered Parties")
from and against any and all actions, suits, claims, demands, judgments, losses, expenses, or
liabilities, injuries and damages to persons and property, Including death, arising out of or related
to Licensee's use of the License Area, the entry by any Licensee Party on the License Area or
surrounding property, or Licensee's breach or default in the performance of any of its obligations
under this Agreement; provided, however, that Licensee will not be obligated to Indemnify the
Covered Parties from any claims arising solely ftom the gross negligence or willful misconduct of
a Covered Party, If any action or proceeding is brought against any Covered Party by reason of
any such claim, Licensee, upon recelpt of written notice from Covered Party, shall defend the same
at Licensee's expense With legal counsel reasonably acceptable to Covered Party, Payment shall
not be a condition precedent to recovery under any Indemnification in this Agreement, and a
finding of liability or an obligation to indemnify shall not be a condition precedent to the duty to
defend. The provisions of this Section 10 shall survive the termination or expiration of this
Agreement.
10. Miscellaneous
10.1 Entire Agrreernent alyer 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 subject matter of this
Agreement. All waivers of the 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 ofthe City and Licensee.
10.2 Sovotab Iit ._.Jf any term,: provision; covenant,_ or condition of this
Ag
reement is held by a court ofcompetont Jurisdiction to be invalid, void, or unenforceable, the
remaining 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 Assignment. 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 may be withheld in City's sole and absolute discretion.
10.4 Applicable Law. This Agreement shall be construed and enforced in
accordance with the Internal laws of the State of California.
10.5 LU ata Ion Bxpensas. Ifelther party to this Agreement commences an uotion
against the other party to this Agreement arising out of or In connection with this Agreement, the
prevailing party shall be entitled to recover reasonable attorneys' fees, export witness foes, costs
of investigation, and costs of suit from the losing party.
10.6 uthorit . 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 deliver
this Agreement on behalf of suchiparty, and by so executing this Agreement, Bald party is formally
bound to the provisions ofthis Agreement.
• 3
103 Notices. Any notices, requests, or approvals given under this Agreement
iliom one party to another shall be in writing and shall be personally delivered or deposited with
the United States Postal Service for mailing, postage prepaid, by certified mail, return receipt
requested, to the addresses of the other party as stated in this section, and shall be doomed to have
been received at the time of personal delivery or three (3) days altar the deposit for mailing.
Notices shall be sent to:
If to Licensor: Charles Icing Company
Attn: Debra King
2841 Gardena Avenue
Signal Hill, CA 90755
If to City: Cleric of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1088
10.8 Execution in. Counterpart This Agreement may be executed in several
counterparts, and all so executed shall constitute one agreement binding on both of the parties
hereto, notwithstanding that both parties are not signatories to the original or the same counterpart.
IN WITNESS WHEREOF, City and Licensee have entered into this Agreement as of the
- -dayand earfirst written -above.------ -- -- - - - - - - — - --- _Y __Y _
CITY OF SANTA ANA
Kristine
City Manager
APPROVED AS TO FORM
Sonia R. Carvatho
City Attorney
�m ,
Jose Montoya
Assistant City Attorney
RECOMMENDED FOR APPROVAL
J'As's_
Nabil Saba
Executive Director
Public Works Agency
l3
ATTEST
C or e C ncil
LICENSEE
By:
Its: V.P.
INSURANCE ON FILE
WORK MAY PROCEED N-2022-029
UNTIL INSURANCE EXPIRES
p�:_3a�Zo77
CLERK OF COUNCIL
'ATE
FEB 0 3 2021
LICENSE AGREEMENT
This LICENSE AGREEMENT ("Agreement") is dated as of January 27, 2022 and entered into
by and between the CITY OF SANTA ANA, a charter city and municipal corporation existing under
the Constitution and laws of the State of California ("City"), and Charles King Company ("Licensee").
RECITALS
A. The City is the owner of that certain real property located in the City of Santa Ana, County
of Orange, California, more specifically identified as 124 E Warner Avenue (APN o16-
31-37) as depicted on Exhibit A and 128 E Warner Avenue (APN 016-031-32) as
depicted on Exhibit B (collectively, "License Area").
B. Licensee desires to use the License Area for purposes of storing vehicles, materials, and
other construction equipment and stockpile during the License period ("Permitted Uses").
C. The City has agreed to grant Licensee a license to use the License Area, on the terms and
conditions set forth in this Agreement.
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. License
a. The City hereby grants to Licensee a nonexclusive license for the right to enter and use the
License Area beginning on February 1, 2022, for the Permitted Uses described in Recital
B, upon the terms and conditions set forth herein ("License"), subject to Licensee's
performance of all of its obligations under this Agreement. This License shall remain in
effect until August 1, 2022 unless extended in writing by the Executive Director of the
Public Works Agency, or his or her designee. City reserves the right to immediately
suspend all activities or terminate this Agreement upon Licensee' non-compliance with
any of the terms or conditions of this Agreement. This Agreement is intended and shall be
construed only as a revocable license to use the License Area and not as a lease or grant of
any possessory or other interest.
b. Hours of Operation: All work performed at the License Area shall be performed between
the hours of 7:00 AM and 5:00 PM, Monday through Friday, unless otherwise provided in
writing by City, such consent not to be unreasonably withheld.
2. Restoration and Clean Up. At its sole cost, Licensee shall, after use of the License Area,
restore the License Area to its original condition in which it existed immediately prior to the Agreement,
leave the License Area in a neat and clean condition to the sole satisfaction of the City, free of trash and
debris, and remove all property and materials of Licensee. Licensee shall cause the License Area to be
cleaned, with such work to be completed no later than the times specified in the License as stated in
paragraph 1 above, and the License shall be extended to such time for the limited purpose of allowing the
cleaning work to be completed.
3. Compliance with Laws. Licensee shall cause all activities of Licensee under this
Agreement and all activities on the License Area to be performed in compliance with all applicable federal,
state, and local laws, ordinances, and regulations, and permits.
Page 1 of 5
4, Maintenance.
Licensee shall include, implement, and maintain but not be limited to the following Best
Management Practices (BMPs) at the License Area:
i, Waste management and Materials Pollution Control BMPs shall be implemented to
Prevent the contamination of stormwater by construction wastes slid materials.
ii. Tracking control (TC) BMPs to control off -site sediment teaching shall be
implemented and maintained.
iii. Sediment control (SE) BMPs shall be implemented at all locations along the site
perimeter, at all operational storm drain inlets and at all non -active slopes, as
appropriate.
iv. Pollution prevention practices shall be implemented,
v. Non-atormwater management measures to prevent illicit discharges slid control
stormwater pollution sources.
vi. Erosion Control BMPs shall be implemented, as appropriate.
vii. Wind. erosion control BMPs (dust control) shall be implemented, as appropriate.
Non-stormwater BMPs shall be implemented to reduce or prevent the contamination
of stormwater from construction activities.
b. Licensee's, at its sole cost and expense, shall:
i. Install and maintain a chain link fence with green screen around the entire perimeter
of the License Area, and
it, Maintain the License Area site clear of weeds, trash and debris.
For specific guidance reference, reference the Construction Runoff Guldqnce Manual (Orange
County Stormwater Program, December 2012)
Antos://media.oceov com/aov/pw/watersheds/documents/bmn/constiuctionactivities asril or the California
Stormwater Quality Association (CASQA) Stormwater BMP Handbook for Construction.
5. Damage, In the event that Licensee damages any portion of the License Area or the
improvements or equipment therein, Licensee shall immediately repair the damage at Licensee's sole cost,
Alternatively, the City may, at its election, repair the damage in which, case Licensee shall reimburse the
City for its cost within fifteen (15) days of receipt of written demand from City.
6. Licensee Parties. Licensee, together with its employees, subcontractors, agents,
representatives, and all persons entering the License Area, by or through or at the direction of Licensee, are
collectively referred to herein as the "Licensee Parties." Licensee shall be responsible for the Licensee
Parties and shall cause the Licensee Parties to comply with the terms of this Agreement.
7. aq. As consideration for this Agreement, Licensee shall pay City a monthly license fee
of $6,000 beginning February 1, 2022, Licensee shall continue to pay the monthly fee of $6,000 for any
extension of the Agreement pursuant to Section 1.
8. AS -IS Condition. City makes no representation or warranty of any kind as to the condition
of the License Area or any other matter relating to Licensee's use of the License Area, Licensee hereby
disclaims and waives any and all objections to the physical and other characteristics and conditions of the
License Area. Licensee acknowledges and agrees that the use of the License Area will be on the basis of
Licensee's own investigation of the condition of the License Area. The license to use the License Area
shall be granted on an "AS -IS," "WITH ALL FAULTS" basis, without representation or warranty
Page 2 of 5
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 License Area shall be subject to the License Area being in a usable and safe condition
at the time of Licensee's use and Licensee shall be responsible for determining whether the License Area
is in such condition. In connection therewith, in the event that the License Area 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 License Area usable or safe.
9. Insurance. Licensee shall secure or cause its agents or contractors performing any entry
onto the License Area to secure, prior to commencing any activities under this Agreement, and maintain or
cause to be maintained during the term of this Agreement, insurance coverage as follows:
a. Commercial General Liability Insurance. Licensee shall maintain commercial general
liability insurance which shall include, but not be (united 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 Parties use of the License Area, 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 per occurrence and $2,000,000 in the aggregate, Such insurance shall (a) name
the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be
primary and not contributory with respect to insurance or self-insurance programs maintained by the City;
and (c) contain standard separation of insureds provisions,
b. Worker's Compensation Insurance as required by California law.
c. 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,
10. Indemnity. Licensee shall indemnify, defend, and hold harmless City, and its respective
agents, representatives, employees, subsidiaries and affiliates ("Covered Parties") from and against any
and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to
persons and property, including death, arising out of or related to Licensee's use of the License Area, the
entry by any Licensee Party on the License Area or surrounding property, or Licensee's breach or default
in the performance of any of its obligations under this Agreement; provided, however, that Licensee will
not be obligated to indemnify the Covered Parties from any claims arising solely from the gross negligence
or willful misconduct of a Covered Party, If any action or proceeding is brought against any Covered Party
by reason of any such claim, Licensee, upon receipt of written notice from Covered Party, shall defend the
same at Licensee's expense with legal counsel reasonably acceptable to Covered Party. Payment shall not
be a condition precedent to recovery under any indemnification in this Agreement, and a finding of liability
or an obligation to indemnify shall not be a condition precedent to the duty to defend. The provisions of
this Section 10 shall survive the termination or expiration of this Agreement.
11, Miscellaneous,
11.1 Puitire Agreement. Waiver 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 subject matter of this Agreement. All waivers
of the 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 Licensee.
Page 3 of 5
11.2 $everability. If any term, provision, covenant, or condition of this Agreement is
held by a court of compotentjurisdiction to be invalid, void, or unenforceable, the remaining 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.
11.3 No AssianmenG 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
may be withheld in City's sole and absolute discretion.
11.4 Annlicable Law. This Agreement shall be construed and enforced in accordance
with the internal laws of die State of California.
ILL Litieation Expenses. If either party to this Agreement connnences an action
against the other party to this Agreement arising out of or in connection with this Agreement, the prevailing
party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and
costs of suit from the losing party.
11.6 Authori , The persons executing this Agreement on behalf of the parties hereto
represent and warrant to the otherparty that they are duly authorized to execute and deliver this Agreement
on behalf of such party, and by so executing this Agreement, said party is formally bound to the provisions
of this Agreement.
11.7 Notices. Any notices, requests, or approvals given under this Agreement from one
party to another shall be in writing and shall be personally delivered or deposited with the United States
Postal Service for mailing, postage prepaid, by eordfled mail, return receipt 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 Licensor: Charles King Company
Attn; Debra King
2841 Gardena Avenue
Signal Hill, CA 90755
If to City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
11.8 Execution in Counterpart. This Agreement may be executed in several
counterparts, and all so executed shall constitute one agreement binding on both of the parties hereto,
notwithstanding that both parties are not signatories to the original or the same counterpart,
IN WITNESS WHEREOF, City and Licensee have entered into this Agreement as of the day and
year first written above.
[Signatures on the following page]
Page 4 of 5
CITY OF SANCA ANA
ATTEST
Kristine Ridge /21�
syGomez
City Manager lerk of the Council
APPROVED AS TO FORM
Sonia R. Carvalho
City Attorney
lose Montoya
Assistant City Attorney
RECOMMENDED FOR APPROVAL
a - D Q-,__
Nabil Saba
Executive Director
Public Works Agency
LICENSEE
By:
Its: -�)YLS i A-G LL+
Page 5 of 5