HomeMy WebLinkAboutO'REILLY, DAVID LAWRENCE AND SANDRAINSURANCE NOT REQUIRED LICENSE AM[) RIGHT OF ENTRY
WORK MAY PROCEED (121s N-2024-381
tf� 1i)14 N lacy St., Santa Ana, California]
CITY C
U�� 9 p 024 for identification purposes. I/we, David Lawrence
DATE: This license and right of entry is dated ttober 29 2
O'Reilly and Sandra O'Reilly, as the legal owners ("Owners") of the property located at Assessor Parcel Number
APN# 398-028-15, 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
f California (collectively ref
of the State oerred to as the "City"), the right to enter the Property and hereby grants
Nto City a License and Right -of -Entry for the following purpose:
� a
aEntry onto the property located at 1218 N Lacy St., to complete the Grass -to -Gardens (G2G) project. The
s owners, by applying to this project have agreed to the Grass -to -Garden Terms and Conditions. The
o t, project provides a water -wise landscape conversion that will be both water efficient and beautiful. See
attached EXHIBIT (Map) and B (G2G Agreement).
The City agrees to indemnify, defend, and hold harmless Owners 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 bythe 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 Owners. 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 Owners and the
City.
CITY?Z�
OF
v—
Alvaro Nunn"ez
City Manager
ATTEST_
;e;nniferL. H I
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
,%Yle Nellesen
Assistant City
David Lawrence O'Reilly
Property Owner 1
Sandra O'Reilly
Owner 2
EXHIBIT A
1218 N Lacy St., Santa Ana, CA
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.
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.
PRINTED NAME SIGNATURE DATE
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