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Home My WebLink AboutAMERICAN PACIFIC m NSURANCE WORK 9d5lk3 ENCROACHMENT LICENSE CHUM NATF This License Agreement is entered into on j- pw� 1999, by and between the CITY OF SANTA ANA, a charter city and municipal C ��►`� corporation of the State of California, ("Licensor") and American Pacific Secured File Storage, Inc, a California Corporation, ("Licensee"). 1. ACKNOWLEDGEMENTS Licensee certifies it is the legal owner of property located at 1110 North Main Street in the City of Santa Ana, "Property," and acknowledges that a portion of their electric panel on the Property currently encroaches 6" into the adjacent public right-of-way, ("Encroachment Area"). 2. GRANT OF LICENSE Licensor grants to Licensee a revocable license ("License") to encroach upon the Encroachment Area as hereinabove described and more particularly depicted in Exhibit "A," attached hereto and incorporated herein by reference, and for the purpose of constructing, maintaining and repairing two high visibility 4" delineator pipe columns as more particularly described in Exhibit "B," attached hereto and incorporated herein my reference (hereinafter collectively referred to as "Structures"). Licensee may not encroach upon the Encroachment Area for any other purpose or business without obtaining Licensor's prior written consent. Licensor will not be held responsible for loss of, or damage to, the Structures in the Encroachment Area. This License in no way abrogates the right of Licensor to enforce its abatement of public nuisance provisions. This License is made subject and subordinate to the prior and continuing right of Licensor to use the public right-of-way. 3. DUTIES OF LICENSEE In exercising these rights, Licensee must use reasonable care and may not unreasonably increase the burden on the Encroachment Area. Licensee agrees that the installation, presence, maintenance and removal of the Structures in the Encroachment Area shall be effected with all reasonable diligence and precaution to avoid damage to the land, property or personnel. Page 1 of 5 Licensee agrees to conform to any requirements set forth by the Licensor during the course of this License. Licensee agrees to pay all the costs of the installation, operation, maintenance, repair and removal of Structures. Licensee will maintain the Encroachment Area in a neat, clean, sanitary and safe condition, to the satisfaction of Licensor. 4. REVOCATION Licensor may revoke this License, at will, upon thirty days notice in writing to the Licensee. 5. NOTICES Any notice to be given by either party shall be deemed to be properly served if deposited with the United States Postal Service, or other acceptable mailing service, postage prepaid, to the addresses below: TO LICENSOR: CLERK OF THE COUNCIL CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 92701 TO LICENSEE: MICHAEL F. HARRAH AMERICAN PACIFIC SECURED FILE STORAGE, INC. 1200 N. MAIN STREET SUITE 900 SANTA ANA, CA 92701 6. TERMINATION OF OCCUPANCY Licensee accepts the Encroachment Area in an "as is" condition and upon termination or revocation of this License, Licensee shall, at its own cost and expense, remove the Structures and surrender possession of the Encroachment Area to the Licensor in good order and repair and as nearly practicable to the state and condition in which it existed prior to the grant of this License, to the satisfaction of Licensor. In the event Licensee fails, neglects or refuses to remove said Structures and restore the Easement Area, such removal and restorations may be Page 2 of 5 performed by Licensor, at the expense of Licensee, which expense Licensee agrees to pay to Licensor upon demand. This License shall lapse and become void if the Structures are removed from the Encroachment Area, 7. INSURANCE Licensee shall require its contractors and subcontractors, if any, to maintain commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall: (1) name the City of Santa Ana, its officers, agents, employees and volunteers as additional insureds; (2) be primary with respect to insurance or self-insurance programs maintained by the Licensor, and (3) contain standard separation of insureds provisions. If applicable, Licensee shall also require its contractors or subcontractors to maintain professional liability (errors and omissions) insurance with a minimum limit of$1,000,000.00 per claim. Licensee shall require its contractors and subcontractors to: (a) furnish properly executed certificates of insurance to the Licensor prior to exercising its rights under this License, which certificates shall clearly evidence all coverages required above and provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the Licensor (b) attach a completed and signed copy of the Licensor's "Additional Insured Endorsement" form to the certificates of insurance noted above; (c) maintain such insurance from the time the project first commences until completion of the project under this License; and (d) replace such certificates for policies expiring prior to the termination of this License. 8. INDEMNITY Licensee shall indemnify, defend and save harmless Licensor, its officers, agents, employees and volunteers from and against any and all loss or damage, expenses, injuries, death to any person or damage to property, including property and employees, volunteers, officers or agents of Licensor or Licensee, and shall indemnify,defend and save harmless Licensor, its officers, agents, employees and volunteers from all claims, demands, suits, actions or proceedings of any kind, and all costs and expenses, including but not limited to reasonable attorneys' fees, settlements or judgment, arising out of the construction, reconstruction, maintenance, presence, operation, use, removal or state of repair of Structures in the Encroachment Area. Page 3 of 5 The parties have executed this License as of the date and year first written above. ATTEST: CITY OF SANTA ANA A.. ice C. Guy Miguel A. Pulido of the Council Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By�� I/ Cristine L. Shaw Deputy City Attorney APPROVED AS TO CONTENT: AMERICAN PACIFIC SECURED FILE STORAG ETC.___ D�a�viN. am Michael F. Harrah City Manager President RECOMMENDED FOR APPROVAL: Y es Ross cutive Director lic Works Page 5 of 5 Fab 04 99 05: 33p Tra_ns. & Dev. Services 714 -647-5823 p. 3 C: /� 0 1z ` c G 30'_0. 29'-6'TYP, 29'-6-* u— {� e x -u wz �0)7u JiT fT �a z rn lrn z (bOK nK ra oJoDo z C �-��in -arn O 1 ;Tl rn Q Fn n � ]i I11� N. MAIN CARIBOU [NoUsrxlsFA SANAAN C PN T ACA awuexnri EXHIBIT A Ppb 04 99 05; 34p Frans. & Dev. Services 714--647-5823 p. 4 G� C4 O cc Co Uzi �Il i lI: If f l CD rn C a � U� FTI M ELEC.PANEL 1110 N. MAIN CARIBOU INDU5rwr-5 AETkIIB .SAttT'IA ANA, A y &MA.ra m EXHIBIT H REQUEST FOR ri COUNCIL ACTION education Ise CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 16, 1999 TITLE: APPROVED ENCROACHMENT LICENSE ❑ As Recommended AGREEMENT FOR 1110 N. MAIN ❑ As Amended STREET El Ordinance on 1st Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO - FILE NUMBER 4 CITY MANAGER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the Mayor and Clerk of the Council to execute an encroachment license agreement with American Pacific Secured File Storage, Inc. for their use of public rights-of-way at 1110 North Main Street . DISCUSSION American Pacific Secured File Storage, Inc. is doing tenant improvements at 1110 North Main Street . They would like to utilize the public rights- of-way for the installation of the electrical panel to service their property. Staff has reviewed their request and supports it subject to execution of an encroachment license agreement identifying the terms and conditions of their use of the public rights-of-way. FISCAL IMPACT e is no fiscal impact associated with this action. Jam G Ross Exe tive Di ec or Pu is Works ency Joyce/RFCA 2-16 1110 N. Main/am WASHINGTON AVENUE LLI w cn NOT TO SCALE 12TH STREET LLJ Q u 1110 N MAIN ST . _s z Q LOCATION OF ELECTRICAL PANEL :5: 11TH STREET SANTA ANA CITY CELIM" :I L TITLE - AGENDA P W CHIC ENCROACHMENT LICENSE AGREEMENT FES 16, 1999 FOR 1110 N . MAIN STREET PUBLIC WORKS WKY I