The URL can be used to link to this page

Home My WebLink AboutRAN, YI AND TOM NGUYEN INSURANCE NOT REQUIRED N-2024-245 WORK MAY PROCEED CITY CLERK LICENSE AND RIGHT OF ENTRY DATE: JUL 2 5 2.1,44 %�� [1802 N Ross St.,Santa Ana, California] �p,�r, �u`'`4('el This license and right of entry is dated June 28, 2024 for identification purposes. I/we, Yi Ran and Tom Nguyen, as the legal owners ("Owner") of the property located at Assessor Parcel Number APN#002-104- 06, in the City of Santa Ana, County of Orange (the "Property"), do hereby grant The City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and the laws of the State of California (collectively referred to as the "City"), the right to enter the Property and hereby grants to City a License and Right-of-Entry for the following purpose: Entry onto the property located at 1802 N Ross St., to complete the Grass-to-Gardens project. The resident, by applying to this project has agreed to the Grass-to-Garden Terms and Conditions. The project provides a water-wise landscape conversion that will be both water efficient and beautiful. See attached EXHIBITA and EXHIBIT B. The City agrees to indemnify, defend, and hold harmless Owner 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 City's use of the Property or the entry by any City party on the Property, including without limitation, City's guests, invitees, or contractors. The City further agrees to repair any damage to the Property caused by the exercise of this License and Right of Entry at its sole cost and expense, and to restore the Property, with the exception of any improvements left thereon, as nearly as practicable to the state in which it existed prior to the use of the Property by the City. The rights herein granted to the City,are exclusive,and the City agrees not to assign,transfer, lease, pledge, or otherwise dispose of its License and Right-of-Entry without the prior express written approval of the Owner. This License and Right of Entry shall expire upon completion of said construction work, and in any event, no later than December 31, 2024 unless terminated earlier or extended by written agreement between the Owner and the City. CITY O S VTA ANA Gtiv Alvaro Nunez Yi Ran Acting City Manager Property Owner 1 ATTEST: - i Jennifer L. II Tom Nguyen ° Property Owner 2 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Kyle Nellesen Assistant City Attorney EXHIBIT A 1802 N Ross St.,Santa Ana, CA . .t pi -• . . .„. .. 11 -.1.7.,,..7. , . • . . • I .. =-•. .4.'.-1:.• • . - s • "c 4,. . 1 b'1+7— ..' • • . 4 ''''''','5 . ' 4.. ——. . . 7-- -_.;-.i-:P lk:IS•fif'''''Pt?' i.1 .. 1. •••••'. .-•- .T-, -., i --' A ,..4 Jr ..„,......c.. ._ , ‘:„, tuis -, v--- 44 1 , . j illi. ..............._ 1 Ili— ',.-.:-.-i?-• • t, -,. : 4 • 11 * 'I ' . •,rer i ., 1 . - iikg • Exhibit B Grass-to-Garden Application : Entry it 12739 Have you read and understood the Grass-to-Garden Terms and Conditions? 4,Yes • Property Owner Name VI Ran Property Address 1802 N Ross St Santa Ana, CA 92706 United States Mta Pit Daytime Phone 773-822-7812 Email hey ylranQgmail.com Enter the 0-digit water account for your property(see utility bill): 44327.303 Write one paragraph(100 words or less)explaining why your property should be chosen for this program: We purchased our home a year ago and love living In Floral Park,Santa Ma. We take pride in caring for our home;since moving In,we entered the Historic Property Preservation Agreement(Mills act)with the city. Water conservation is important to usl We would love convert our grass front yard into a garden with drought tolerant plants meant to thrive in this climate.Currently, we water our grass as little as possible because we believe It's a waste of water. Converting to a drought tolerant garden is a big undertaking and we would love your help.Thank youl Statement of Property Owner I agree to the above. I,the Individual named as"Property Owner"listed above,certify that: •I am the owner of the property listed above as the project address;and •I have read, understand and agree to the Grass-to-Garden Terms and Conditions;and •I agree to waive,release,relinquish and discharge the City of Santa Ana, its officials and employees from all liability, loss,claims, demands, causes of action,and damage arising out of my participation in this Program. •I give the City of Santa Ana the right to use the design of the G2G landscaped area as well as descriptions of it,and before-and after-photos and videos of it,for the purpose of promoting drought tolerant landscapes.This promotion could be in the form of videos,print,web,and/or other venues. •The information on this application is true and correct. Notes 10 GA 4° dam'. Z. f1 foF N-2024-245 G2G (Grass-to-Garden) PROGRAM CUSTOMER AGREEMENT FOR GOOD AND VALUABLE CONSIDERATION, including permission to participate in the City of Santa Ana ("COSA") Program, I, for my myself, my successors, heirs, assigns, executors, administrators and spouse: 1. Agree that I shall participate in the Program, which includes the removal of grass from the lawn and parkway in front of my property and the replacement thereof with drought-tolerant landscape and hardscape (the "Project"). 2. Agree that I have sole responsibility for the ongoing quality, appearance, and maintenance of the Project. This responsibility includes, but is not limited to, plant health, irrigation system maintenance, weeding, and abiding by Section 41.609 of the City of Santa Ana Municipal Code regarding landscape maintenance. 3. Agree that I shall make the Project and my property, as necessary, available to COSA and/or its agents, in order for such parties to take before- and after-photos and videos of the Project, for promotional purposes, which such photos and/or videos may appear in print, on the internet, or in other venues, and further agree that I shall have no ownership interest in the design of the Project or the plans or other documents evidencing such design. 4. Grant to the City of Santa Ana, its departments (including without limitation the COSA), boards, commissions, directors, officers, employees, agents, and designees (collectively, "City") non-revocable permission to capture my image and likeness and/or the image of the Project and my real and personal property in photographs, videotapes, motion pictures, recordings and any other media (collectively, "Images"). I acknowledge that the City will own such Images and further grant the City permission to copyright, display, publish, distribute, use, modify, print and reprint such Images in any manner whatsoever related to City business, including without limitation publications, advertisements, brochures, web site images, or other electronic displays and transmissions thereof. I further waive any right to inspect or approve the use of the Image by the City prior to its use. I forever release the City from any and all liability arising out of the use of the Images in any manner or media whatsoever and waive any and all claims and causes of action relating to the use of the Images, including without limitation, claims for invasion of privacy rights or publicity. C9 'T, rt CPP SAT4'SP 5. Release and hold harmless the City from any and all liability relating to the Program, the Project, or to contracted services or products that may be installed as a part thereof. Any claim you may have based upon any defect or failure of performance of a contracted service or device or material purchased by you should be pursued with the Contractor or manufacturer/distributor. The City of Santa Ana makes no representation or warranty relating to contracted services or products that may be installed as a part of this Program. By participating in this Program, you waive and release the City, its contractors, and agents from any and all claims and causes of action arising out of the purchase, installation or use of devices and materials in connection with this Program. 6. By signing this form, I certify that all information provided is true and correct to the best of my knowledge and agree to comply with the Program Participation Requirements, Terms and Conditions, as well as all federal, state, and local codes, including covenants, policies, conditions and restrictions, as applicable. I further agree to hold harmless the City, its directors, officers, and employees against all loss, claims, damage, or liability resulting from participation in the Program, including but not limited to any loss or liability arising out of the installation or use, except to the extent arising out the gross negligence or willful misconduct of the City and/or its Contractors. THIS DOCUMENT RELIEVES THE CITY AND OTHERS FROM LIABILITY FOR INJURY, LIABILITY AND DAMAGE DUE TO NEGLIGENCE. I HAVE READ THIS DOCUMENT, UNDERSTAND THAT I GIVE UP SUBSTANTIAL RIGHTS AND ASSUME ALL RISK BY SIGNING IT, AND SIGN IT VOLUNTARILY. Yi Ran Tom Nguyen 6/28/2024 PRINTED NAME SIGNATURE DATE