HomeMy WebLinkAboutORANGE, COUNTY OF & O.C. FIREMEN'S ASSOCIATION'0
-714
MAYOR AL -AMERC
A CITY 1982-83
Dan Young
MAYOR PRO TEM CITY MANAGER
John Acosta DavidN. Redrn
AFTOR
COUNCILMEMBERS CITY Edward J.
Cooper
Daniel E. Griset CLERK OF IHE COUNCIL
Ron May n I it 1 4
Patricia A. McGuigan I
Rick Norton
Miguel A. Pulido CITY OF SA TA ANA
20 CIVIC CENTER PLAZA - P,& BOX 1988
SANTA ANA, CALIFORNIA 92702
October 2, 1991
County of Orange, General Services Agency
Real Estate Division
14 Civic Center Plaza, Third Floor
P.O. Box 4106
Santa Ana, CA 92702
Attn: Patricia A. Bigger
K"j- _10[�011261**;Wcd
Dear Ms. Bigger:
Enclosed are the original and duplicate copy of the Firefighters'
Monument license agreement signed by the City of Santa'Ana. Once
you have obtained the signatures of the Clerk and chairman of the
Board of Supervisors, please forward an executed copy of the
agreement to me for our City records. Thank you.
Sincerely,
W
V -W
Ron. Ono
Par /Landscape Design Manager
Recreation and Community Services Agency
307110=
cc: Allen E. Doby, Executive Director
Janice C. Guy, Clerk of the Council
enc.
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e of
GENERAL SERVICES AGENCY
REAL ESTATE DIVISION
14 Civic Center Plaza, Third Floor
P.O. Box 4106
Santa Ana, California 92702
(714)834-5503
FAX (714) 834-5956
September 11, 1991
PM 4.01--165
Santa Ana Civic Center
Ron Ono
Park/Landscape Design Manager
Recreation and Community Services Agency
20 Civic Center Plaza
PO Box 1988
Santa Ana, CA 92702
Subject: FIREFIGHTERS' MONUMENT
R. A. SCOTT
Director, General Services Agency
ROBERT G. LOVE
Deputy Director, General
Services Agency
CHARLES W. WEST
Manager, Real Estate Division
Attached for signature are the original and duplicate copy of the
Firefighters' Monument license agreement. Once they have been
signed, please return them to my attention. Thank you for your
assi tance.
Pat icia A. igge �
Property Management Section
PAB:me
Attachment
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GENERA. SERVICES AGENCY
REAL ESTATE DIVISION
14 Civic Center Piaza, Third Floor
P.O. Box 4106
Santa Ana, California 92702
(714) 834-5503
FAX (714) 834-5956
September 11, 1991
PM 401-165
Santa Ana Civic Center
Ron Ono
Park/Landscape Design Manager
Recreation and Community Services Agency
20 Civic Center Plaza
PO Box 1988
Santa Ana, CA 92702
Subject: FIREFIGHTERS' MONUMENT
R.A.SCOTT
.Director, General Services Agency
ROBERT G. LOVE
Deputy Director, General
Services Agency
CHARLES W. WEST
Manager, Heal Estate Division
Attached for signature are the original and duplicate copy of the
Firefighters' Monument license agreement. Once they have been
signed, please return them to my attention. Thank you for your
P
tance.
ia A, igge
ty Management Section
PAB:me
Attachment
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PM 401-165
Santa Ana Civic Center
Firefighters Memorial
LICENSE
THIS LICENSE IS made on 19 by and between the County of
Orange, a political subdi son of �e State of California, hereinafter referred to
as "COUNTY", and City of Santa Ana,, hereinafter referred to as "CITY", and the
'Orange County Firemen's Association, Incorporated, hereinafter referred to as
"LICENSEE", without regard to number and gender.
RECITALS
I. The Civic Center Plaza in the City of Santa Ana is maintained by CITY in
conjunction with the COUNTY through the Civic Cente-r,Authority for public purposes:
II. Certain areas in Civic Center could be artistically enhanced by the addition
of approved memorials or statues.
III. From time to time, organizations may desire to create memorials, statues,
plaques, or -works of art to recognize events, persons or specific groups. These
memorials or works of art may increase public awareness and simultaneously inform
the public while enhancing the aesthetics of the Civic Center.
IV. When available, and appropriate, COUNTY desires to provide space to
memorialize a person or persons, an organization, or event deemed truly worthy for
such recognition.
V. LICENSEE has proposed to erect a Firefighters Memorial in the Santa Ana Civic
Center Plaza as a gift to the people of Orange County.
VI. COUNTY and CITY have considered and approved the proposal set forth by the
LICENSEE and are willing to provide space on a rent-free basis. COUNTY and CITY
reserve the absolute right to approve the aesthetics and to relocate the memorial
at any time.
NOW, THEREFORE, in consideration of mutual agreement hereinafter contained, COUNTY
and CITY and LICENSEE agree as follows:
1. DEFINITIONS (LA2.1N)
The following words in this Agreement have the significance attached to -them in
this clause', unless otherwise apparent from context:
"Director" means the Director, General Services Agency of the County of Orange, or
upon written notice, Director's designee.
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"Real Estate Manager" as used herein means the Manager of the Real Estate Division
of General Services Agency of the County of Orange, or his designee, or upon
2 written notice to LICENSEE, such other person or entity as shall be designated -by
3 the Board of Supervisors.
4 "City Manager" means the Manager, City of Santa Ana, or upon written notice,
Managers designee.
5. "Memorial" as used herein means the proposed Eirefighter's Memorial.
6 2. 'TERM (LB2.1 S)
7 This License shall become effective upon the date first above written. Said
8 License shall continue in effect until terminated as provided in this License
9 3. TERMINATION (LB3.1 S)
10 This License shall be revocable by either COUNTY or LICENSEE at any time; however,
as a courtesy to LICENSEE, Real Estate Manager will attempt to give 60 days'
11 written notice to LICENSEE upon revocation.
12 4. LICENSE AREA (LAM N) '
COUNTY and CITY grant LICENSEE the right to place the Memorial, after obtaining
13 written approval of Memorial size and design, upon a portion of that certain
14 property commonly known as Civic Center Plaza, hereinafter referred to as "License
Area," shown on "Exhibit A" (Location Map), attached hereto and by reference made a
15 part hereof. Said written approval of size and design of the Memorial shall be
obtained from Director and City Manager at the sole and absolute discretion of
16 Director and City manager._ Approval of "design" shall include consideration of the
aesthetic appeal of the Memorial.
17 LICENSEE and its.agents shall.have reasonable access to License Area subject to
18 decisions of the COUNTY restricting said access.
19 COUNTY and CITY reserve the absolute right to relocate the memorial at any time.
20 5 . USE (LB1..1 • N )
21 LICENSEE's use of the License Area shall be limited to the construction,
installation, maintenance and repair of the approved Memorial.
22 LICENSEE agrees not to use the License Area for any other purpose nor to engage in
23' or permit any other activity within or from the License Area. LICENSEE further
agrees not to conduct or permit to be conducted any public or private nuisance in,
24 on, or from the License Area, and to comply with all governmental laws and
regulations in connection with its use of the License Area.
25 6. MAINTENANCE (N)
26 A. LICENSEE RESPONSIBILITIES - LICENSEE shall be responsible for any repairs
27 to the Monument required as a result of vandalism, deterioration or damage.
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B. COUNTY and CITY RESPONSIBILITIES - CITY through its•Recreation and
Community Services Agency shall maintain the License Area in conjunction with
the regular ongoing maintenance schedule for the Santa Ana Civic Center Plaza
except CITY shall not provide maintenance which is. LICENSEE'S obligation as
specified in 6.A. above. Costs for CITY provided maintenance shall be funded
from parking revenues administered jointly by the CITY and COUNTY.
7. LIMITATION OF THE LICENSE (LA5.1 S)
This License and the rights and privileges granted LICENSEE in and to the License
Area are subject to all covenants, conditions, restrictions, and exceptions of
record or apparent from a physical inspection of the License Area.' Nothing
contained in this License or in any document related hereto shall be construed to
imply the conveyance to LICENSEE of rights in the License Area which exceed those
owned by COUNTY.
8.. NOTICES (LE1.1 S)
All notices pursuant to this License shall be .addressed as set forth below or as
either party may hereafter designate by written notice and shall be sent through
the United States mail in the State of California du1.y .registered or certified with
postage prepaid. If any notice is sent by registered or certified mail, as
aforesaid, the same shall be deemed served or delivered 24 hours after mailing
thereof as above provided. Notwithstanding the above, COUNTY may also provide
notices to LICENSEE by personal delivery or by regular mail postage prepaid and any
such notice so given shall be deemed to have been given upon the date of deposit in
the United State Mail.
All written notices pursuant to this LICENSE shall be addressed as set forth below
or as the parties may hereafter designate by written notice and shall be personally
delivered or sent through the Untied States Mail.
TO: COUNTY OF ORANGE
GSA/Real Estate Division
P.O. Box 4106
Santa Ana, CA 92702-4106
TO: CITY OF SANTA AM
20 Civic Center Plaza
Santa Ana, CA 92701
9. ATTACHMENTS TO LICENSE (LE2•01 S)
TO: ORANGE COUNTY FIREMEN'S
ASSOCIATION, INCORPORATED
P.O. Box 752
Santa Ana, CA 92701
This License includes the following, which are attached hereto and made a part
hereof:
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I. GENERAL CONDITIONS - The use of the term "County" in the clauses of the
general conditions document shall also refer to and mean the City of Santa Ana
for all legal effect and purposes.
II. EXHIBITS
EXHIBIT A - LICENSE AREA (LOCATION MAP)
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IN WITNESS WHEREOF, the parties have executed this License the day and year first
above written.
LICENSEE
ORANGE COUNTY FIREMEN'S
ASSOCIATION, INC.
APPROVED S T CONT Byj
D A, Y�r`sl Dt� I991
By
City Manager CITY
By
Dir. of Comm services
APPROVED AS TO FORM:
BY
Edwa rd JT Cooph N
City Attorney
ATTEST:
By `�Zo
n ce C. Guy, C e e Council
APPROVED AS TO FORM:
County Counsel
By
-1-5 / g 4 /
RECOMMENDED FOR APPROVAL:
General ervices Agency
Re sta Division
B y ,l _ • ,GT,�/1
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
LINDA D. RUTH
Clerk of the Board of Supervisors
Orange County Flood Control District
CITY OF SANTA ANA, A Municipal
Corjxwation of the State of California
By'\
Da ttle.}•Gfl .-Young
Mayor
COUNTY
COUNTY OF ORANGE
By _
Chairman, Boar of Supervisors
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I. GENERAL CONDITIONS --LICENSE
(COUNTY)
TABLE OF CONTENTS'
Clause Number and Name
I. SIGNS
2. PERMITS AND LICENSES
3. LICENSE AND ORGANIZATION
4. AMENDMENTS
5. UNLAWFUL USE
6, INSPECTION
7. HOLD HARMLESS
8. TAXES AND ASSESSMENTS
9. PARTIAL INVALIDITY
10. WAIVER OF RIGHTS
11. RESERVATIONS TO COUNTY
12. CONDITION OF LICENSE AREA UPON TERMINATION
13. DISPOSITION OF ABANDONED PERSONAL PROPERTY
14. TIME
15. ASSIGNMENT PROHIBITED
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I. GENERAL CONDITIONS - LICENSE (LG1-16 S)
(COUNTY)
1. SIGNS (LG2. S)
LICENSEE agrees not to construct, maintain, or allow any signs upon License Area
except as approved by Real Estate Manager. Unapproved signs, banners, flags, etc.,
may be removed by Real Estate Manager..
2. PERMITS AND LICENSES (LG3 S)
LICENSEE shall be required to obtain any and all permits and/or licenses which may
be required in connection with the operation of the License Area as set out
herein. No permit, approval, or consent given hereunder by COUNTY or CITY, in its
governmental capacity, shall affect or limit LICENSEE's obligations hereunder, nor
shall any approvals or consents given by COUNTY or CITY, as a party to this
License, be deemed approval as to compliance or conformance with applicable
governmental codes, laws, rules, or regulations.
3. LICENSE ORGANIZATION (LG4 S)
The various headings and numbers herein, the grouping of provisions of this License
into separate clauses and paragraphs, and the organization hereof, are for the
purpose of convenience only and shall not be considered otherwise.
4. AMENDMENTS (LG4 S)
This License sets forth all of the agreements and understandings of the parties and
any modification must be written and properly executed by both parties.
5. UNLAWFUL USE (LG6 S)
LICENSEE agrees no. improvements shall be erected, placed upon, operated, nor
maintained on the License Area, nor any business conducted or carried on therein or
therefrom, in' violation of the terms of this License, or of any regulation, order
of law, statute, bylaw, or ordinance of a governmental agency having jurisdiction.
6. INSPECTION (LG7 S)
COUNTY or its authorized representative shall have the right at all reasonable
times to inspect the License Area to determine if the provisions of this License
are being complied with.
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7. MOLD HARMLESS (LG8 S)
LICENSEE hereby Waives all claims and recourse against COUNTY including the right
of.contribution for loss or 'damage of persons or property arising from, growing out
of, or in any way connected with or related to this License except claims arising
from the concurrent active or sole negligence of COUNTY, its officers, agents, and
employees. LICENSEE hereby agrees to indemnify, hold harmless, and defend COUNTY,
its officers, agents, and employees against any and all claims, loss, demands,
damages, cast, expenses, or liability costs arising out of the operation; use, or
maintenance of the property described herein, and/or LICENSEE's exercise of the
rights under this License, except for liability arising out of the concurrent
active 'or sole negligence of COUNTY, its officers, agents, or employees, including
the cost of defense of any lawsuit arising therefrom.
In the event COUNTY is named as co-defendant, LICENSEE shall notify COUNTY of such
fact and shall represent COUNTY in such legal action unless COUNTY undertakes to
represent itself as co-defendant in such legal action, in which event LICENSEE
shall pay to COUNTY -its litigation costs, expenses, and attorney's fees. In the
event judgment is entered against COUNTY and LICENSEE because•of the concurrent
active negligence of COUNTY and LICENSEE, their officers, agents, or employees, an
apportionment of liability to pay such judgment shall -be made by a court of
competent jurisdiction. Neither party shall request a jury apportionment.
8. TAXES AND ASSESSMENTS (LG9 S)
Although not anticipated, should this License create a possessory interest which is
subject to the payment of taxes levied on such interest, 'it is understood and
agreed that all taxes and assessments (including but not limited to said possessory
interest tax) which become due and payable in connection with this License or upon
fixtures, equipment, or other property used in connection with this License, shall
be the full responsibility of LICENSEE, and LICENSEE shall cause said taxes and
assessments to be paid promptly.
9. PARTIAL INVALIDITY (LG10 S)
If any term, covenant, condition, or provision of this License is held by a court
of competent jurisdiction to be invalid, void, or unenforceable, the remainder of
the provisions hereof shall remain in full force and effect and shall in no way be
affected, impaired, or invalidated thereby.
10. WAIVER OF RIGHTS (LGII S)
The failure of COUNTY to insist upon strict performance of any of the terms,
covenants, or conditions of this License shall not be deemed a waiver of any right
or remedy that COUNTY may have, and shall not be deemed a waiver of the right to
require strict performance of all the terms, covenants, and conditions of the
License thereafter, nor a waiver of any remedy for the subsequent breach or default
of any term, covenant, or condition of the License. Any waiver, in order to be
effective,' must be signed by the party whose right or remedy is being waived.
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1 11. RESERVATIONS TO COUNTY (LG13 S)
2 The License Area is accepted as is and where is by,LICENSEE subject to any and all
3 existing easements, encumbrances and physical characteristics. LICENSEE
acknowledges that except as specifically herein provided, neither COUNTY nor any of
its employees, agents, or representatives has made any representations, warranties
4 'or agreements to or with -LICENSEE on behalf of COUNTY as to any matters concerning
the License Area, access to the License Area, the present use thereof, or the
5 suitability of LICENSEE's intended use of the License Area:. Without limiting
COUNTY's rights with respect to the License'A rea, COUNTY reserves the right to
install, lay, construct, maintain, repair, and operate such sanitary sewers, oil,
and gas storm water sewers, pipelines, manholes, and connections; water, oil , and
gas pipelines; telephone and telegraph power lines; and the appliances and
8 appurtenances necessary or convenient in connection therewith, in, over, upon,
through, across, under and along the License Area or any part thereof, and to enter
the License Area for any and all such purposes. COUNTY also reserves the right to
grant franchises, along any and all portions of the License Area. No right
10 reserved by COUNTY in this clause shall be so exercised as to interfere
unreasonably with LICENSEE's use hereunder.'
11 12. CONDITION OF LICENSE AREA UPON TERMINATION (LG14-S)
12 Except as otherwise agreed to herein, upon termination of this License, LICENSEE
13 shall redeliver possession of said License Area to COUNTY in substantially the same
condition that existed immediately prior to-LICENSEE's entry thereon, reasonable
14 wear and tear, flood, earthquakes, war, and any act of war excepted.
15 13. DISPOSITION OF ABANDONED PERSONAL PROPERTY (LG14 S)
16 If LICENSEE abandons the License Area or is dispossessed thereof by process of law
or otherwise, title to any personal property belonging to LICENSEE and left on the
17 License Area 15 days after such event shall be deemed to have been transferred to
COUNTY. COUNTY shall have the right to remove and to dispose of such property
18 without liability therefor to LICENSEE or to any person claiming under LICENSEE,
and shall have no need to account therefor.
19 14. TIME (LG15 S)
20 Time is of the essence of this License
21 15. ASSIGNMENT PROHIBITED (LG17 S)
22 LICENSEE understands that this License is not an interest in real property nor is
23 it as assignable right. Any attempt to assign or otherwise transfer this License
by LICENSEE, voluntarily or by operation of law, shall automatically terminate this
24 License.
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PM 401-165
LICENSE AREA SANTA ANA CENTER
FIREFIGHTERS MEMORIAL