HomeMy WebLinkAboutSANTA ANA HISTORICAL PRESERVATION SOCIETY -2013A-2013-030
LICENSE AND RIGHT OF ENTRY AGREEMENT
(Fire Station Memorial Plaques)
This License and Right of Entry Agreement ("License") is hereby entered into this I I }h
day of T"A- ,2013, by and between the City of Santa Ana, a charter city and Califo
municipal corporation ("City"), and the Santa Ana Historical Preservation Society
("Licensee") in reference to the following facts:
RECITALS
A. City is the owner of certain real property located at 1439 South Broadway and
120 W. Walnut in the City of Santa Ana, California ("Property"), which it leases to the Orange
County Fire Authority ("Tenant') on which Tenant operates fire station operations.
B. Prior to the City leasing the Property to Tenant, City operated the fire stations and
memorial plaques ("Plaques") were placed on the Property.
C. The Santa Ana Historical Preservation Society (SAHPS) has offered to maintain
the Plaques and the City adopted a Resolution authorizing Licensee to enter into this License and
Right of Entry Agreement to enter onto the Property for a period of ten (10) years for the purpose
of accessing the Plaques.
D. The Parties wish to enter into this Agreement whereby City will allow Licensee to
enter onto the Property, pursuant to the terms and conditions set forth in this License.
NOW THEREFORE, CITY AND LICENSEE AGREE AS FOLLOWS:
TERMS
1. License. City hereby grants to Licensee and its agents and employees, a license and right
of entry to enter onto the Property for the purpose of accessing and maintaining the Plaques on
the Property and for no other purpose.
2. No Interest in Land Granted. Nothing herein shall be deemed to grant to Licensee any
fee interest, leasehold, or other possessory interest in the Property, or any portion thereof, beyond
the rights set forth herein.
3. Term. The License term will begin on July 15, 2013 and end at 5:00 PM Pacific Time on
the tenth (10th) anniversary thereafter.
4. Termination of Lease. In the event that City and OCFA terminate the Lease prior to ten
(10) years from the effective date of this Agreement, City agrees that any subsequent tenant that
intends to continue the operation of the fire station shall approve of this Agreement.
5. License Payments. No license payments shall be due from the Licensee to the City. The
Parties acknowledge that the free right of entry granted by this License provides a public benefit
to the citizens of Santa Ana in that it preserves Santa Ana Fire Department history.
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6. Indemnity of City for Loss or Damages. Licensee agrees to indemnify, defend with
counsel approved by the City and save harmless the City, its officers, officials, employees,
agents and volunteers from and against any and all liability, expense, including defense costs and
legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily
injury, death, personal injury or property damage arising from Licensee's access to the Property
hereunder, including any workers' compensation suits, liability or expense arising from or
connected with services performed on behalf of the Licensee by any person pursuant to this
License, except for any act or omission attributable to the City's negligence or wrongful act or
omission.
7. Entire Agreement, Amendments. This License contains the entire agreement of the
Parties and there are no other promises or conditions in any other agreement whether oral or
written. This License may be modified or amended in writing, if the writing is signed by the
Parties.
8. Waiver. The failure of either Party to enforce any provisions of this License shall not be
construed as a waiver or limitation of that Party's right to subsequently enforce and compel strict
compliance with every provision of this License.
9. Cumulative Rights. The rights of the Parties under this License are cumulative, and shall
not be construed as exclusive unless otherwise required by law.
10. Governing Law. This License shall be construed in accordance with the laws of the State
of California. Venue shall be in Orange County.
[Signatures on following page]
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SIGNATURE PAGE
TO
LICENSE AND RIGHT OF ENTRY AGREEMENT
(Fire Station Memorial Plaques)
City and Licensee sign and enter into this Agreement by and through the signatures of
their authorized representatives set forth below:
CITY: LICENSEE:
CITY OF SANTA ANA, SANTA ANA HISTORICAL
a California municipal corpor ion PRESERVATION SOCIETY, a California
non-profit
By: '-"t- ' w j?
Kevin O'Rourke By:
Interim City Manager
Name: At._ t SC Ai t'{ 6 LW Cs-
Attest: Title: K'g_.-J?T S i 0L--A c s A o By: a ".k-? j P
By:
City Clerk Name: PO L r?n R fPal
Approved as to form: Title: T"a s u v ey , 5 A H PS
By:-?f,lcv k- 1 01(/0
City Attorney
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