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Home My WebLink AboutGARDEN GROVE, CITY OF 2 - 2010N-2010-024 S~ o•.PwA Cad Tang ~l;o~ilnS LICENSE AGREEMENT This License Agreement is entered into on ~( q~ C N 23 , 2010, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"), and the City of Garden Grove, a municipal corporation of the State of California ("Licensee") (individually a "Party" and collectively referred to herein as the "Parties"), with reference to the following facts: ACKNOWLEDGEMENTS a. The City owns or has an easement over that certain real property which consists of the public right-of--way being an unimproved area at the northeast corner of Jackson Street and Hazard Avenue ("License Area"), in Santa Ana. The parties agree and acknowledge that the License Area includes all real property belonging to the City as described in Exhibit A attached hereto. b. Parties through this Agreement desire for the City to grant Licensee the right to enter the License Area to install a Chain Link Fence ("Fence") and obligating Licensee to maintain the Fence in a durable, upright and safe condition. c. The Fence shall include an access gate with a security lock. Licensee agrees to furnish the City and Southern California Edison with a key to allow both entities to gain access to their facilities located within License Area as needed from time to time. d. This Agreement is made effective as of the date on which all parties have signed this Agreement. 2. GRANT OF LICENSE a. City hereby grants to Licensee a personal, non-exclusive, revocable right and license ("License") to enter upon the License Area as hereinabove described and shown in general in Exhibit B attached hereto and incorporated herein by reference, for the purpose of installation, alteration, maintenance, repair, reconstruction and/or removal of the Fence, and maintenance of the property located within the License Area. b. Licensee may not encroach upon the License Area for any other purpose or business than as specified in paragraph 2.a., above, without obtaining the prior written consent of the City's Executive Director of the Public Works Agency. c. City will not be held responsible for loss of, or damage to, the Fence installed by Licensee in License Area. Page 1 of 6 CONTRACTORS a. Any contractors of Licensee performing work for the purpose of installation, alteration, reconstruction and/or removal of the Fence, shall first obtain an encroachment permit issued by the City. 4. DUTIES OF LICENSEE a. Licensee agrees to conform to any requirements set forth by the City during the course of this License. b. Licensee agrees it shall not install or make any improvements to the License Area other than as specified in paragraph 2.a., above, without the written approval of the City. Licensee agrees to pay all the costs of the installation, alteration, maintenance, repair, reconstruction and/or removal of the Fence in License Area. c. Licensee will maintain the License Area in a neat, clean, sanitary and safe condition, to the satisfaction of City. d. Licensee shall not record, hypothecate, assign or attempt to record, this personal License. Any attempt by Licensee to record, hypothecate or assign this License shall automatically terminate this License Agreement and render this License void and invalid for all purpose. REVOCATION City may revoke this License, at will, upon thirty days notice in writing to the Licensee. 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 CITY: Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, California 92702 TO LICENSEE: Executive Director of the Public Works Agency City of Garden Grove 13802 Newhope Street Garden Grove, California 92843 Page 2 of 6 TERMINATION OF OCCUPANCY a. Licensee accepts the License Area in an "as is" condition and upon termination of this License by either party, Licensee shall, at its own cost and expense, remove the fence installed by Licensee and surrender possession of the License Area to the City 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 City. 8. INDEMNITY Licensee shall indemnify, defend and save harmless City, its officers, agents, employees and volunteers from and against any and all loss or damage, expenses, injuries, death to any person, including employees, volunteers, officers or agents of City or Licensee, or damage to property, and shall indemnify, defend and save harmless the City, 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 use, removal or state of repair, of the License Area. 9. ENTIRE AGREEMENT This License supersedes any and all other agreements either oral or in writing between the parties hereto with respect to the terms set forth in this License and contains all the covenants and agreements between the parties with respect thereto. Each party to this License acknowledges that no representation, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, with respect to such services, which are not embodied herein, and that no amendment hereto shall be effective unless set forth in writing, approved by the City and Licensee. Page 3 of 6 The parties have executed this personal, non-exclusive, revocable right and License Agreement as of the date and year first written above. CITY: THE CITY OF SANTA ANA, a charter city and a municipal corporation ~~ f- , Name: David N. Ream Title: Ci Manager ATTEST: LICENSEE: THE CITY OF GARDEN GROVE, a municipal corporation By: ~~~. t Name: ~' \. ~ T1 ~~~ w% ~~ -~-~ Title: . -~-.. ~ ~'t ~~ rZ < ~ , ~,~ f' "s G'~~ t ,_.~ _ ~ ; ~ ~,1, Maria D. Huizar --~-~ ~, Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City~Attorney~~J Laura Sheedy Assistant City Attome RECOMMENDED FOR APPROVAL: e Raul Godinez II Executive Director - blic Works Agency Page 4 of 6 EXHIBIT A LICENSE AREA DESCRIPTION THAT PORTION OF UNIMPROVED STREET LOCATED AT THE NORTHEAST CORNER OF JACKSON STREET AND HAZARD AVENUE OF TRACT MAP NO. 2073, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 74, PAGES I9 AND 20 OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID COUNTY. Page 5 of 6 EXHIBIT B LICENSE AREA SKETCH Z a Q HAZARD AVE i '+ x x~xr-~-x~x~x~ x -~ x LICENSE x ~ AREA cuRB .j. x x + sw r NG 3 ~ GATE x % ~ x .1: r . r~ ~ x ~'{ 1~I + x MINIMUM X x V ! ~1 x z o x x U Q ~ x LEGEND n ~: WILLOWICK GOLF couRSE ~ EXISTING TRAFFIC SIGN QS SEWER MANHOLE EXISTING STREET SIGN -'-%- EXISTING CHAIN LINK FENCE Q EXISTING POWER POLE ----~ EXISTING GUY WIRE PROPERTY: 9O1 N JACKSON ST. A.P.N.: 198-233-~G O ~ ~ ~ R AND BACK OF SIDEWALK --x-- PRQPOSED CHAIN LINK FENCE PAGE 6 ~F 6