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Home My WebLink About25G - AGMT - COUNTY EASEMENT SA BLVD AND FLOWERR 0 0 __ y 0 C CITY COUNCIL MEETING DATE: AUGUST 2, 2016 TITLE: AGREEMENT FOR DISTRIBUTION FACILITIES EASEMENT TO THE COUNTY OF ORANGE AND RIGHT OF ENTRY AGREEMENT ON SANTA ANA BOULEVARD AND FLOWER STREET (STRATEGIC PLAN NO. 5, 2A) CITY MANAGER CLERK OF COUNCIL USE ONLY: :^-c• >r ❑ As Recommended ❑ As Amended ❑ Ordinance on 1a' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and the Clerk of the Council to execute an agreement with the County of Orange to grant a public utility easement within the Civic Center, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute a Right of Entry and License Agreement with the County of Orange to grant a revocable encroachment permit to install a fiber optic utility on Santa Ana Boulevard and Flower Street. DISCUSSION On February 4, 2008, the City Council approved Agreement 2008 -031 to grant the County of Orange a distribution facilities easement within the City's real property in the Civic Center. The easement allowed for the replacement of aging utilities, including new power and chilled water lines as part of the County's Central Utility Facility (CUF) upgrade project. Since 1968, the CUF has provided utility services to government buildings in the Civic Center, including City property. As part of the County's long term strategic development plan for the CUF's original utility systems, additional infrastructure improvement is recommended to replace aging systems with more energy efficient and environmentally responsible systems to accommodate the County's CUF full electrical and thermal capacity. New chilled water lines and a new fiber optic cable will pass through the City's parking structures and Plaza to serve City and other Civic Center buildings (Exhibit 1). 25G -1 Easement and Right of Entry for the County of Orange August 2, 2016 Page 2 In order to install and maintain the utilities, the County will require easements within the City's real property (Exhibit 2). In addition, an underground fiber optic line will be installed on Flower Street and Santa Ana Boulevard right -of -way to serve the existing County buildings (Exhibit 3). The proposed fiber optic line is situated outside the jurisdictional limits of the Joint Powers Agreement (JPA) between the City of Santa Ana and the County Orange, and will be owned and maintained by the County rather than a public utility. City staff has reviewed the easement and right of entry locations, and supports the donation of this public utility easement and agreement for a revocable encroachment permit. The recommended action would result in approval of the Easement Deed and Agreement (Exhibit 4) which covers the terms for use of the easement and its legal description, and approval of the Right of Entry and License Agreement (Exhibit 5) which covers the terms and legal description for the area on Santa Ana Boulevard and Flower Street. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 — Community Health, Livability and Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability), Strategy A (complete the City's Climate Action Plan with measures to address water conservation, energy efficient buildings (City and community) and greenhouse gas emissions. Include as part of the plan an awareness, outreach and education component). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, on January 26, 2016 the Orange County Board of Supervisors adopted Final Mitigated Negative Declaration number IP 14 -362 for this project. No further action is needed. FISCAL IMPACT is no fiscal imoaact associated with this action. Frei Mousavipour Executive Director Public Works Agency Exhibits: 1. Civic Center Utilities Locations Layout 2. Utility Easements Locations Layout 3. Fiber Optics License Area 4. Easement Deed and Legal Description 5. License and Right of Entry Agreement 25G -2 CIVIC CENTER DRIVE ---------------------- .It-------- - -- -- -. —G — <Owo SACK M SIDEWALK. LIBRARY PARKING LIBRARY STRUCTURE I I FOUNTA Y _ F. _ PLAZA ROSS ANNEX TO COGENERATION FACILITY ! PARKING T-- ANO OTHER BIJ LOINGS W (PLAZA OF THE FLAGS) TY HALL ....F—.— .— ._._._J F F7 PARKING STRUCTUR LEGEND: — w — WATER LINE - -F- -FIBER CONDUIT I�EXISTING PARKING WALL STRUCTURE NOT TO SCALE I tl OTHER i SUIIDINGS W W Cr Ln W'- I N , J) I0 . 0= EXHIBIT 1 SANTA ANA Title City council AGREEMENT TO GRANT A SECOND DISTRIBUTION P�.^ Agenda Dale: FACILITIES EASEMENT TO COUNTY OF ORANGE THROUGH THE CITY'S CIVIC CENTER PROPERTY, AND RIGHT August 2, 2016 ENTRY AGREEMENT TO INSTALL FIBER OPTIC CABLE me woxs ARwy I IN FLOWER STREET AND SANTA ANA BOULEVARD 25G -4 CIVIC CENTER DRIVE i S \° LEGEND: m PROPOSED UTILITY EASEMENT NOT TO SCALE EXHIBIT 2 w w i� N N N 0 SANTA ANA Title: City Council AGREEMENT TO GRANT A SECOND DISTRIBUTION r endo Dote+ FACILITIES EASEMENT TO COUNTY OF ORANGE THROUGH u THE CITY'S AMC CENTER PROPERTY, AND RIGHT U Or August 2, 2096 ENTRY AGREEMENT TO INSTALL FIBER OPTIC CABLE w9e*OR$AUKY I IN FLOWER STREET AND SANTA ANA BOULEVARD IN 25G -6 25G -8 RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: County of Orange CEO Real Estate Services 300 N. Flower Street Santa Ana, CA 92703 Recording Fee Exempt Per Government Code 27383 And Also Exempt From Payment Of Documentary Transfer Tax THIS SPACE FOR RECORDER'S USE ONLY Project: Civic Center Cogeneration Expansion Project Parcel No.: GA401 -279 & GA401 -260 SECOND EASEMENT DEED AND AGREEMENT This Second Easement Deed and Agreement is made _, �,� ___,2016, by and between CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter known as "GRANTOR," and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "GRANTEE." GRANTOR has previously granted easements for the Civic Center Cogeneration Project to the GRANTEE by that Easement Deed and Agreement recorded on March 18, 2008 as Instrument No, 2008000124173, Official Records in the Office of the County Recorder of Orange County, FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, GRANTOR hereby grants to GRANTEE, its successors and assigns; An additional non - exclusive perpetual easement over, along, under, and across all that certain real property, described in "Exhibit A" and shown on "Exhibit B ", and described in "Exhibit A -1" and shown on "Exhibit B -1 ", attached hereto and made a part hereof (hereinafter referred to as "Easement Area"), to construct, lay., install, and upgrade pipelines, conduits, equipment, and other related fixtures and appliances for the transmission of electricity, communications, steam, and chilled water (hereinafter referred to as "Distribution Facilities ") and to Inspect, reconstruct, maintain, and repair said Distribution Facilities. It is understood and agreed by the parties hereto and their successors and assigns, that said easement and right of way herein granted shall be subject to the following terms and conditions: EXq&T 4 'I. DEFINITIONS "Agreement" means this Second Easement Deed and Agreement, "County" means the County of Orange, Actions to be taken by County under this Agreement shall be taken by the Board of Supervisors of the County of Orange, which executed this Agreement or its representatives specifically authorized to take such actions under this Agreement. "City Engineer" means the City Engineer of the City of Santa Ana. 2. JOINT EXERCISE OF POWERS AGREEMENT GRANTOR and GRANTEE entered into a Joint Exercise of Powers Agreement ( "JPA ") dated January 17, 1966, which was amended and restated on September 30, 2014 and created a joint powers agency known as the Orange County Civic Center Authority (hereinafter referred to as "Authority„ ) to develop a comprehensive Civic Center for the purpose of orderly construction and maintenance of various governmental facilities, including the City of Santa Ana and County governments, and accessory structures. The Distribution Facilities Project is consistent with the orderly development of the Civic Center as provided in the JPA and such improved and upgraded facilities will benefit the Civic Center including GRANTOR's and the Authority's property. GRANTEE's use of the Easement Area shall be specifically limited to the use set forth above in this Agreement. GRANTEE, at GRANTEE's sole cost, shall comply with all applicable laws, rules and regulations now or hereafter promulgated pertaining to its permitted use of the Easement Area. GRANTEE acknowledges and agrees that GRANTOR shall have unrestricted ingress and egress and use of the Easement Area at all times. 3. MAINTENANCE OF EASEMENT AREA GRANTEE and its contractors, agents, and employees shall have the right of access to and from the Easement Area at all times for the purpose of exercising the rights herein granted. Should it be necessary for GRANTEE to disturb the surface of the Easement Area at any time, GRANTEE agrees to provide GRANTOR's City Engineer or designee a thirty (30) day advance written notice and to obtain written approval of all plans for construction, reconstruction and major repair and/or maintenance prior to commencement thereof. Said approval shall not be withheld unreasonably. in the event of an emergency situation, GRANTEE shall notify GRANTOR's City Engineer or designee within twenty -four (24) hours of any necessary improvements, modifications or repairs. Any such Improvements, modifications or repairs constructed by GRANTEE on an emergency basis must nevertheless not unreasonably Interfere with GRANTOR's use of the Easement Area. Under the rights granted herein: a) any excavation made shall be made in such a manner as will cause the least injury to the surface of the ground around such excavation, b) the earth so removed by such excavation shall be replaced, c) the surface of the ground shall be promptly restored as existed prior to excavation to the reasonable satisfaction of the City Engineer or designee, d) GRANTOR's improvements shall be protected in place, e) GRANTEE shall be solely responsible for the cost of repair or replacement of GRANTOR's 25G -10 improvements if such improvements are damaged due to GRANTEE's actions, and f) GRANTEE shall address any potential security issues with the City of Santa Ana Building Maintenance Superintendent or designee prior to access. At all tunes when exercising the rights granted herein, GRANTEE shall do so as to maintain GRANTOR's access to and from GRANTOR's facilities in a manner acceptable to GRANTOR, All facilities installed by GRANTEE pursuant to this Agreement shall be used and maintained by GRANTEE in good repair and in safe condition in accordance with all applicable laws, rules and regulations. GRANTEE shall provide and pay for GRANTOR's alternative parking within the Civic Center during periods of maintenance to the satisfaction of the City Engineer or designee. Said approval shall not be withheld unreasonably. 4. HOLD HARMLESS GRANTEE shall defend, indemnify and save harmless GRANTOR, its officers, agents, and employees, from and against any and all claims, demands, losses, or liabilities of any kind or nature which GRANTOR, its officers, agents, and employees may sustain or incur or which may be imposed upon them for Injury to or death of persons, or damage to property as a result of, or arising out of, the negligence of GRANTEE, its officers, agents, employees, subtenants, invitees, or licensees, in connection with this Agreement and use of the Easement Area by GRAN"T"EE. Likewise GRANTOR shall defend, indemnify and save harmless. GRANTEE, its officers, agents, and employees from and against any and all claims, demands, losses, or liabilities of any kind or nature which GRANTEE, its officers, agents, and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property as a result of, or arising out of, the negligence of GRANTOR, its officers, agents, employees, invitees, or licensees, in connection with the ownership, maintenance, or use of the Easement Area. 49�fi)�C+II� T:�Mz►i>�1>� GRANTEE shall be responsible for and shall defend, indemnify, and hold GRANTOR, its officers, directors, employees, agents, and representatives harmless from and against all claims, costs, and liabilities, including attorneys' fees and costs, arising out of or in connection with the use and disposal of Toxic Materials on the Easement Area by GRANTEE, if the use and disposal of Toxic Materials on the Easement Area by GRANTEE results in contamination or deterioration of water or soil resulting in a level of contamination greater than maximum allowable levels established by any governmental agency having jurisdiction over such contamination, GRANTEE shall promptly take any and all action necessary to clean up such contamination. Nothing in this Second Easement Deed and Agreement is intended nor shall anything in this Second Easement Deed and Agreement be construed to transfer to GRANTEE or its successors or assigns or to relieve GRANTOR or its successors or assigns or predecessors in title now, has, has had, or comes to have with respect to human health or the environment, Including but not limited to responsibility or liability relating to hazardous or toxic substances or materials (as such terms as those used in this sentence are defined by statute, ordinance, case law, governmental regulation or other provisions of the law). Furthermore, GRANTEE may exercise its right under law to bring action, if necessary, to recover cleanup costs and penalties paid, if any, from GRANTOR or any others who are ultimately determined by a court of competent jurisdiction and/or a federal, state or local regulatory or administrative governmental agency or body having jurisdiction, to have 25G -11 responsibility for said hazardous or toxic substances or materials upon, within, or under the real property interests transferred pursuant to this Second Easement Deed and Agreement. Likewise, nothing in this Second Easement Deed and Agreement is intended nor shall anything in this Easement Deed and Agreement be construed to transfer to GRANTOR or its successors or assigns or to relieve GRANTEE or its successors or assigns or predecessors in title now, has, has had, or comes to have with respect to human health or the environment, including but not limited to responsibility or liability relating to hazardous or toxic substances or materials (as such terms as those used in this sentence are defined by statute, ordinance, case law, governmental regulation or other provisions of the law), Furthermore, GRANTOR may exercise its right under law to bring action, if necessary, to recover cleanup costs and penalties paid, if any, from GRANTEE or any others who are ultimately determined by a court of competent jurisdiction and /or a federal, state or local regulatory or administrative governmental agency or body having jurisdiction, to have responsibility for said hazardous or toxic substances or materials upon, within, or under the real property interests transferred pursuant to this Second Easement Deed and Agreement. e. REMOVAL AND /OR ABANDONMENT GRANTEE agrees that in the event the services for which said facilities were constructed are discontinued and GRANTEE is not required by law, rule, or regulation of any governmental authority to furnish said services, or in the event the use of the facilities ceases for a period of more than one (1) year without written notice from GRANTEE to GRANTOR of the circumstances affecting such suspension and of GRANTEE's intention to resume usage of the facilities, GRANTEE, at GRANTOR's request and at no cost to GRANTOR, shall remove and /or abandon any portion of said facilities owned, operated, and /or maintained by GRANTEE. The scheduling for such removal or abandonment shall be mutually approved by GRANTOR and GRANTEE. Fallowing such removal /abandonment, GRANTEE, at no cost to GRANTOR, shall restore the Easement Area to the condition that existed prior to the granting of the easement, to GRANTOR's satisfaction. In the event of such removal and /or abandonment, GRANTEE shall execute and record in the Official Records of Orange County, California, a Quitclaim Deed sufficient to remove the encumbrance of this easement from title to the Easement Area. RELOCATION GRANTEE agrees that in the event the Distribution Facilities at any time interfere with the use, repair, or improvement of GRANTOR's property, GRANTEE shall, within two (2) years of receipt of written notice from GRANTOR, relocate said facilities to a site within GRANTOR's property, at GRANTEE's cost. The relocation site, relocation costs, scheduling, and coordination shall be mutually approved by GRANTOR and GRANTEE. GRANTEE shall furnish GRANTOR with a revised document containing terms and conditions similar to those contained herein. & REVISION OF LEGAL DESCRIPTION In the event that attached "Exhibit A" and/or "Exhibit A -1" is subsequently found to inaccurately describe the location of said facilities, the parties agree that a revised "Exhibit A" and/or "Exhibit A -1" and "Exhibit B" and /or "Exhibit B -1" will be prepared and recorded which will replace and supersede said "Exhibit A" and/or "Exhibit A -1" and "Exhibit B" and /or "Exhibit B -1 ". Said revision of Exhibit "A ", "Exhibit A -1 ", "Exhibit B ", and "Exhibit B -1" will not affect, alter or change this Agreement, Furthermore, this Agreement shall be deemed to be 4 25G -12 amended and will relate back and be in place as of the initial date of this Second Easement Deed and Agreement prior to said revision of "Exhibit A" and/or "Exhibit A -1" and "Exhibit B" and /or "Exhibit B-1". Said revision shall be accomplished by recording an amendment to this agreement after approval of the revised exhibits by the City Engineer or designee. 9. EXCEPTIONS AND RESERVATIONS GRANTOR hereby reserves for itself and its successors and assigns, such surface, subsurface, and aerial rights as will not interfere with or prohibit the reasonable use by GRANTEE, its successors and assigns, of the rights and easements herein granted. Upon the effective date of this Agreement, or any easement relocation as mentioned hereirabove, GRANTOR shall not place or permit any improvements on the Easement Area which will Interfere with the reasonable full enjoyment by GRANTEE of the easement rights hereby granted. This grant is subject to all matters of record including but not limited to contracts, leases, licenses, easements, liens, encumbrances, covenants, conditions, restrictions, reservations, rights, rights of way and claims of record or apparent or of which GRANTEE has actual notice which may affect the Easement Area, and the use of the word "grant" herein shall not be construed as a covenant against the existence of any thereof. 10. SUCCESSORS AND ASSIGNS The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of the parties hereto. 11. CALENDAR DAYS Any reference to the word "day" or "days" herein, shall mean calendar day or calendar days, respectively, unless otherwise expressly provided. 11 ATTORNEY'S FEES In any action or proceeding brought to enforce or interpret any provision of this Agreement, or where any provision hereof is validly asserted as a defense,, each party shall bear Its own attorney's fees and costs, 13. AMENDMENTS No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement shall be binding on any of the parties unless incorporated herein. Any amendment or cancellation of this Agreement shall be recorded in the Official Records of the County of Orange. 14. AUTHORITY The parties to this Agreement represent and warrant that this Agreement has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms. 5 25G -13 '15. WAIVER OF RIGHTS The failure of GRANTOR or GRANTEE to insist upon strict performance of any of the terms, covenants, or conditions of this Agreement shall not be deemed a waiver of any right or remedy that GRANTOR or GRANTEE may have, a waiver of the right to require strict performance of all the terms, covenants, and conditions of this Agreement thereafter, or a waiver of any remedy for the subsequent breach or default of any term, covenant, or condition of this Agreement. 16, CONSTRUCTION AND RELOCATION Any portion of the Distribution Facilities traveling or penetrating through the existing structures adjacent to or below GRANTOR's City Nall shall be vertically limited between the underside of ceiling beams and finished floor elevations of basement structures although GRANTOR approved attachments or supports for said pipelines and fixtures shall be permitted to said ceiling beams or finished floor as required. Should an additional vertical easement space be needed below the basement floor then it shall not be below the bottom of the building footing or the bottom of any building pile cap. Vertical clearances shall meet the requirements of the current applicable California Building Code at the time of application for permit. Distribution Facilities traveling or penetrating through the parking structure between the County Courthouse and GRANTOR's City Library shall also be vertically limited between the underside of ceiling beams and finished floor elevations for the particular level of this structure that is entered by these facilities. GRAN'T'OR approved attachments or supports for said pipelines and fixtures shall be permitted to said ceiling beams or finished floor as required. GRANTOR approved penetration of the particular level (or levels) required to reach the terminus of the facilities shall also be permitted as required. GRANTEE shall apply for and obtain all permits from GRANTOR for construction and relocation work. The Distribution Facilities within the structures shall be placed entirely within the Easement Area, spaced with reasonable clearances from existing facilities and uses and each line shall be specifically identified. GRANTEE shall cooperate in a reasonable manner upon receipt of a written notice from GRANTOR to relocate such facilities within existing structures to allow for necessary modifications to any and all existing GRANTOR's facilities or structures. GRANTOR shall coordinate such modifications with GRANTEE to minimize the amount of said relocation and disruption of GRANTEE's services. GRANTEE acknowledges and allows the presence of the existing structures and lesser rights to remain within the Easement Area. During construction of the Distribution Facilities, all reasonable efforts shall be made by GRANTEE to protect existing facilities in place whether said facilities are GRANTOR's facilities or other public utility facilities. Should any relocation of any portion of said existing facilities be desired then said relocation shall be approved by GRANTOR, which approval shall not be unreasonably withheld. The rights granted herein are subject to GRANTEE returning the surface of the land being granted to its original condition or as reasonably possible to the satisfaction of the 0 25G -14 City Engineer or designee as determined and approved in writing by the City Engineer or designee upon completion of any construction, which approval shall not be unreasonably withheld. GRANTEE shall provide and pay for GRANTOR'S alternative parking within the Civic Center and provide continuous access to the structures during periods of construction and relocation to the satisfaction of the City Engineer or designee. Said approval shall not be unreasonably withheld. 17. VENUE The parties hereto agree that this Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 354. Furthermore, the parties hereto specifically agree to waive any and all rights to request that an action be transferred for trial to another County. 18, NOTICES All notices, documents, correspondence, and communications concerning this Agreement shall be addressed as set forth in this paragraph, or as the parties may hereafter designate by written notice, and shall be sent through the United States mail, duly registered or certified with postage prepaid. Any such mailing shall be deemed served or delivered twenty -four (24) hours after mailing. Each party may change the address for notices by giving the other party at least ten (10) calendar days prior written notice of the new address. Notwithstanding the above, GRANTOR and GRANTEE may also provide notices, documents, correspondence, or such other communications to the other party by personal delivery, electronic mail, or facsimile and, so given, shall be deemed to have been given upon receipt if provided by personal delivery, electronic mail, or facsimile. GRANTEE County of Orange CEO Real Estate Services 300 N. Flower Street Santa Ana, CA 92703 -5000 Attn: Manager County of Orange OCPW, Central Utility Facility 525 N. Flower Street Santa Ana, CA 92703 Attn: Manager 25G -15 City of Santa Ana Public Works Agency P. O. Box 1988 Santa Ana, CA 52702 Attn: City Engineer 19 ATTACHMENTS TDDOCUMENT This document includes the following, which are attached hereto and made a part hereof: & Exhibit A- Legal Description — Easement Area (Parcel G/\4O1~270) B. Exhibit B^Plat Map ' Easement Area (Parcel GA4U1-278) C. Exhibit A^1— Legal Description ~ Easement Area (Parcel gA4O1'28V} D, Exhibit D-1~ Plat Map — Easement Area (Parcel GA401'28U\ IN WITNESS WHEREOF, the parties have executed this Easement Deed and Agreement the day and year first above written. Approved as to Form: By: GRANTOR #1 fly A4ttoy CITY 0F SANTA ANA Clerk of the Council I �� U�� ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, STATE OF CALIFORNIA COUNTY OF On , 20 _s before me, Notary Public, personally appeared _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /het /their signatur(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offioial seat.. Signature 25G -17 (SEAL) Approved as to Form: Office of the County Counsel Change County, California By: — ...._.___ Deputy Date: GRANTEE COUNTY OF ORANGE., a political subdivision of the State of California Scott D. Mayer Chief Real Estate Officer County Executive Office Pursuant to Section 1 -4 -220 of Codified Ordinances of the County of Orange ACKNOWLEDGMENT A notary public or other officer completina, this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On 20__,, before me, Notary Publio, _ personally appeared _ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State, of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 10 25G -18 (SEAL) CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within deed or grant to the COUNTY OF ORANGE, a political subdivision of the State of California, is hereby accepted by the undersigned officer or agent on behalf of the Board of Supervisors of Orange County, California, pursuant to authority conferred by Ordinance adopted June 9, 2015 b the said Board of Supervisors, and the COUNTY OF ORANGE consents to recordation thereof by its duly authorized officer. COUNTY OF ORANGE Dated: By Scott Mayer, Chief Real Estate Officer, County Executive Office Pursuant to Section 1 -4 -220 of the Codified Ordinances of the County of Orange Approved as to Form Office of the County Counsel Orange County, California Lute: Deputy t1 25G -19 EXHIBIT "A" Legal Description Those certain strips of land, in the City of Santa Ana, County of Orange, State of California, being portions of the Map of Stout's Addition to Santa Ana, as shown on the map filed in Book 6, Page 28 of Miscellaneous Maps, in the office of the County Recorder of Orange County, California; Portions of the Plat of Geo W. Ford's Addition to Santa Ana, as shown on the map filed in Book 25, Page 62 of Miscellaneous Records of Los Angeles County, California; together with a portion of Van Ness Avenue (Abandoned per Resolution No. 57 -264, recorded in Book 4082, Page 105, Official Records of said County), snore particularly described as Follows: Parcel GA401 -279: A strip of land 6.00 feet wide, the centerlino of said strip being described as follows: Commencing at the centerline intersection of Ross Street, 60 feet wide, and Civic Center Drive (formerly Eighth Street), as shown on Record of Survey No. 95 -1031, filed in Record of Survey Book 149, Pages 49 to 50, Records of Orange Coranty, California; thence along the conterthne of said Ross Street South 00 103'34" West (shown as North 00 °37'23" West on said Record of Survey) 316.26 feet to the True Point of Beginning of this strip description; thence South 89 °54'39" West 49.36 feet to a point hereinafter referred to as Point `A'; thence conth -mirng South 89 °54'39" West 47.14 feet to a point hereinafter referred to as Point ''B'; thence continuing South 89 °54'39" West 11.31 feet to a point hereinafter referred to as Point 'C'; thence through the following three (3) courses: 1. North 90"00'00" West 139.94 feet; 2. South 45 °00'00" West 39.68 feet; 3. North 90 °00'00" West 82.07 feet to a point hereinafter referred to as Point'V; thence continuing North 90 °00'00" West 30.26 feet to the East line of Parcel 1, as described in the document recorded in Book 9946, Page 76, OfTioial Records of said County, as shown on Record of Survey No. 95 -1031, tiled in Record of Survey Book 149, Pages 49 and 50, and the Point of Terminus of this strip description. The sidelines of said strip of land are to be lengthened or shortened so as to terminate westerly in said East line of Parcel 1. Together with a strip of Iand 16.00 feet wide, the centerline of said strip being described as follows: Beginning at the hereinabove described Point 'A'; thence South 89 154'39" West '16,00 feet to the Point of "Terminus of this description, Together with a strip of land 6.00 feet wide, the centerline of said strip being described as follows: D. Woolley & Associates, Inc,, 2832 Walnut Avenue, Suite A, Tustin, California 92780 Page 1 of 3 25G -20 Beginning at the hereinabove described Point `B'; thence through the following three (3) courses: 1. South 44 °54'39" West 5.69 feet; 2. North 90 °00'00" West 16,98 feet; 3. North 44 105'28" West 5.59 feet to the Point of Terminus of this description, Together with a strip of land 6.00 feet wide, the centerline of said strip being described as follows: Beginning at the hereinabove described Point `C'; thence through the following three (3) courses; 1. Noith00 °01'18" West 73,85 feet; 2. North 45 °01'18" West 24.84 feet; 3. South 89 158'42" West 36,51 feet to a point hereinafter referred to as Point 'D'; thence continuing South 89 058'42" West 6,19 feet; thence North 00 100'00" West 10,92 feet to the Point of Terminus of this description. Together with a strip of land 6.00 feet wide, the centerline of said strip being described as follows: Beginning at the. hereinabove described Point 4D'; thence North 00 000100" West 31.22 feet to the Point of Terminus of this description, Together with a strip of land 6.00 feet wide, the centerline of said strip being described as follows: Beginning at the hereinabove described Point `E'; thence North 00 °00'00" West 24.81 feet to the beginning of a tangent curve concave to the southwest, having a radius of 5,00 feet; thence northwesterly along said curve through a central angle of 45 135139 ", a distance of 3.98 feet; thence North 45 135139 West 33.65 feet to the beginning of a tangent curve concave to the northeast, having a radius of 5.00 feet; thence northerly along said carve through a central angle of 45 °35'39 ", a distance of 3.98 feet; thence North 00 °00'00" West 5.65 feet to the Point of Terminus of this description Excepting fiorn the above described Parcel GA401 -279, any portion lying within Ross Street, 60 feet wide and said Parcel 1. The above described land contains 3,952 square feet, more or less. Subject to all matters of record, if any. As more particularly shown on Exhibit "B" attached hereto and made a part hereof. D. Woolley & Associates, tR0„ 2832 Walnut Avenue, Suite A, Tustin, California 92780 Page 2 of 3 25G -21 This legal dcrcription is not intended for use in the conveyance of land in violation of the 5nhdivision Map Act ofthe SlatcofCa litbrnia. Pt-eparcd undm t17e direction ot`. I'revor D. Rice, VLS 8862 Signed: 06/15/16 D. Woollcv cl'-. n6SOCIlIWC , Inc., 2833 Walnut Avanac. Suitc ;A, I us(in, Calilornia k)270i7 I tt��c 3 o['3 25G -22 EXHIBIT 191399 PORTIONS OF GEO W. FORD'S ADDITION TO SANTA ANA, M.R.L,A, 25/62, STOUT'S ADDITION TO SANTA ANA, M.M. 6/28; AND VAN NESS AVENUE (ABANDONED), RECORDS OF ORANGE COUNTY, CALIFORNIA CIVIC CENTER DRIVE POC SCALE: (FORMERLY EIGHTH STREET) 1' = 40 ?- 30' N 30, Vim, u Z M ED w w PARCEL GA401.279 U) � SLOCK'N 3,952 S.F. �$ � '0 — — — — _ — ) 6,00' �i L h o POINI ° z i L43 --J �5 TPOB w - ^. — Z' -1b6 - - RIOTS: w • L57 9.36' Lu a POINT'S' SEE SHEET 2 FOR LEGEND POINT'A' 30' 30' Me a / �lof L.A. IS/ 25 f SURVEYOR'S STATEMENT: THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION. / TR VOR 0. RICE P. L. SS. N0. 8862 SIGNED: 6/15/16 W oo. ey c�' �s50ciat-0s - SHEET 'I OF 2 DATE: 6/15/15 2832 WALNUT AVENUE, SUITE A PRAWN BY:--TD R TUSTIN, CA 92780 4) 734 -•8462 FAX (71 h) 508 -7521 CHKD. BY: DEW 25G -23 1, I�P L42 - N45'01'18 "W 24.84' L43 - 589`54'39 "W 11.31' L50 - S44'54'39 "W 5.69' L51 - N90'00'00 "W 16.98' L52 N44'05'28 "W 5,59' L55 - S89'54'39 "W 96,50' L56 - S89'54'39 "W 16.00' L57 - S89'54'39 "W 31.14' FILE NO.: 14052 F; \2014 Jobs \14052 - Jocobs - Orange County Civic CenOr Campus Survey \Easement Documents\ PL -LEGL- PARCEL GA401• -279 (old 6) —.,n n — �m RnRiR EXHIBIT VUBWW PORTIONS OF GEO W. FORD'S ADDITION TO SANTA ANA, M.R•L.A. 25/62, STOUT'S ADDITION TO SANTA ANA, M.M. 6/28; AND VAN NESS AVENUE (ABANDONED), RECORDS OF ORANGE COUNTY, CALIFORNIA BUILDING 26 PUBLIC LIBRARY FORDS ADDIITROW 5f5 POINI Ld (K j2 W b Us., co PARCEL GA401-279 L44. 3,952 S.F. Lq OIL m M IS 5 7 to 100 C c 40' SCALE; N90,00,00"w C1 PARCEL GA401 -279 7- POINT'S' 3,952 S.F. 30.26' 82,07", Ile 11900700"w E. LINE PARCEL 1, 90+6/76, G.R. AS SHOWN ON R.S.B. 149/49-50 — — — — — — — — LU o r, 20 U 56, LJ VS J) 20 LEGEND: LINE IDATA- CURVE DATA. M.M.. — MISC. MAPS L42 — N45'O'I'18"W 24.84' C1 — D = 45'3 5'39" M.R,L.A. — MISC. RECORDS OF L.A. COUNTY L44 — 589'58'42"W 36,51' C2 R = 5,00' NO. — NUMBER L45 — NOO'00'00"W 10.92' L = 3.98' O,R, — OFFICIAL RECORDS L4,6 — S89'58'4-2"W 6.19' POO — POINT OF COMMENCEMENT L47 — N00'CO'00 "W 31,22' S.F. — SQUARE FEET L48 — S45'00'00"W 39-68' NOTE' TPOS — TRUE POINT OF BEGINNING L49 — NOD'00'00"W 24.81' - R. S, B. — RECORD OF SURVEY BOOK L53 — N45'33'39"W 33.65' SEE SHEET 1 FOR (XX) — RECORD DATA PER R.S.13 149/49-50 L54 — NOD'00'00"W 5.65' SURVEYOR'S STATEMENT ,w I D. Woolley &- Associqt�o i SHEET 2 OF 2 --- I DATE: 6/15/16 2832 WALNUT AVENUE, SUITE A TUSTIN, CA 92780 [DRAWN BY. TUR 734- -7521 1 CHKID, BY: DEW 25G-24 FILE NO.: 14052 F:\2014. JQbo\14052 — Jacobs — Orange County Civic Center Campus Survey\Fasoment Documents\ PL—LML—1 ARCEL GWI-279 (old 6) -v4n — ?o1FmmG EXHIBIT "A -1„ Legal Description Those certain strips of land, in the City of Santa Ana, County of Orange, State of California, being portions of the Map of the Ross Addition to Santa Ana, as shown on the map filed in Book 3, Page 534 of Miscellaneous Records of Los Angeles County, California; together with a portion of Sixth Street (Abandoned), more particularly described as follows: TI ';t A strip of land 6.00 feet wide, the centerline of said strip being described as follows: Commencing at the centerline intersection of Ross Street, 60 Feet wide, and Civic Center Drive, as shown on Record of Survey No. 95 -1031, filed in Record of Survey Book 149, Pages 49 to 50, Records of Orange County, California; thence along the centerline of said Ross Street South 00 "03'34" West (shown as North 00 037'23" West on said Record of Survey) 655.09 feet; thence leaving said centerline of Ross Street, North 89 °56'26" West 403.40 feet to the True Point of Beginning of this strip description; thence North 89 "24'30" West 118.13 feet to a point hereinafter referred to as Point 'X; thence South 00 °00'00" West 55.88 feet; thence South 70 °34'09" Cast 123.11 feet; thence South 00 °00'00" West 27.92 feet to the Point of Terminus of this description. Together with a strip of land 6.00 feet wide, the centerline of said strip being described as follows: Beginning at the hereinabove described Point 'A'; thence North 89 °24'30" West 6.72 feet to the Point of Terminus of this description. Containing 1,972 square feet. See Exhibit "B" attached hereto and made a part hereof. This legal description is riot intended for use in the conveyance of land in violation of the Subdivision Map Act of the State of California. . CMPM)�" Prepared under the direction of: Trevor D. Rice, PLS 8862 Signed: 06/13/16 B. Woolley &, Associates, Inc., 2832 Walnut Avenue, Suite A. Tustin, C,tlilomiia 92750 llagc I of I 25G -25 EXHIBIT "BA" PORTIONS OF ROSS ADDITION TO SANTA ANA, M.R.L.A. 3/534 AND SIXTH STREET (ABANDONED), RECORDS OF ORANGE COUNTY, LEGEND: CALIFORNIA M.R.L.A. - MISC. RECORDS OF L.A. COUNTY POD - POINT OF COMMENCEMENT TPOB - TRUE POINT OF BEGINNING (XX) - RECORD DATA PER R.S.B. '14.9/49 -50, UNLESS NOTED OTHERWISE. h EMI raws Aoarr 01(� - Z CJ 0 1190Z Z F o MA M b v .W PARCEL GA401- 280 — Nag '2430 "W `'•...124.85' 6.72' POINT "A" 11 16'13III', SOXTH STREET - 60' U/IDD ' (ABANDONED)" PARCEL GA401 -2 LOICK "Cl 09'C /7 0 — — --il CIVIC CENTER _ DRIVE POC O ul N EMI a� N89'56'26 "W •,. 4� W LIJ °I (n BO I Q C� I 1 ROSS ADDMON SURVEYOR'S STATEMENT: THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, D, — OR D. RICE P.L.S. N0. 8862 SIGNED: 06/13/16 D. Woolley &Associates TM SHEET 1 OF 1 DATE: 6/13/16 2832 WALNUT AVENUE, SUITE A DRAWN BY. BJM TUSTIN, CA 92780 714) 734 -8462 FAX (714) 508 -7521 I CHKD. BY: TDR 25G -26 I SCALE: 1" = 4Q' LINE DATA" L1 - SOO'00'00 "W 55.88 L2 - SCO'00'00 "W 27,92' FILE NO.: 14052 F: \2014 Jobs \14052 - Jocobs - Orange County Civic Center Campus Survey \Easement Doournonts\ PL— LEGL— PARCCI. CA401 -280— RIGHT OF ENTRY AND LICENSE AGREEMENT THIS RIGHT OF ENTRY AND LICENSE AGREEMENT ( "Agreement ") is made and entered into this _clay of , 2016 by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, (hereinafter referred to as the "CITY "), and the COUNTY OF ORANGE, a political subdivision of the State of California (herein referred to as "LICENSEE "), with respect to the following: RECITALS A. LICENSEE owns that certain property located at 300/320 N. Flower Street, Santa Ana, CA, described in Assessor's Map, Book 405, Page 16 as Assessor Parcel Number (APN) 405 - 162 -17 (hereinafter "Premises 1 "), which is occupied by the Orange County Public Works agency and the Sheriff - Coroner department. B. LICENSEE owns that certain property located at 308 N. Olive Street and 1015 W. Third Street, Santa Ana, CA, described in Assessor's Map, Book 405, Page 16 as APN 405- 161-42 and 405 - 161 -43 (hereinafter "Premises 2 "), which LICENSEE operates as parking structure for parking of Premises 1. C. CITY owns or has an casement for public street /road purposes along, above and under the public street commonly known as Santa Ana Boulevard (hereinafter "Street "), which. abuts Premises l and 2 and was recorded on June 17, 1991 as Instrument No. 91- 306621 as Parcel Map No. 90 -251 filed in Book 263, page 37 and 38 of Parcel Maps in the Office of the County Recorder of County of Orange, State of California. D. LICENSEE desires a license to install, maintain and repair a fiber optic cable and handhole from Premises i to Premises 2 (hereinafter "License Area 1 "), which are below and on the surface of the Street, as described in Exhibit A and depicted in Exhibit B, attached hereto and incorporated by reference. NOW, THEREFORE, for good and valuable consideration, LICENSEE and CITY do hereby agree as follows: Right of Entry and License. Provided that all of the terms and conditions of this Agreement are fully satisfied, as of the Effective Date of this Agreement CITY hereby grants to LICENSEE and its employees, agents and contractors the nonexclusive, non- assignable, personal, revocable right and license to install under the Street surface, a 2" conduit with the capacity to run a fiber optic cable from Premises 1 to Premises 2 and one (1) handhole. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any rights of possession, easement or other cognizable property interest in said Street. Said License shall include the right to install, maintain and repair said fiber optic cable in License Area 1. EXHIBIT 5 Page I of 8 25G -27 2. Licensee's Duties By execution of this Agreement,, LICENSEE agrees for itself and on behalf of its employees, agents, consultants and contractors as follows: a. All work performed by LICENSEE on License Area I shall comply with the current edition of the Standard Specifications for Public Works Construction (Green Boo DC and all applicable CITY Ordinances, Standards and Specifications currently in effect. The work, including method of installation and limits of constriction of the fiber optic cable shall be depicted on a plan and shall be subject to review inspection and approval by the City Engineer. Any contractor performing work shall first obtain an excavation permit from the CITY. The LICENSEE shall endeavor to maintain and repair the License Area 1 from private property owned or controlled by LICENSEE, if practical. Any maintenance or repair of the conduit or its contents via the CITY's right of way shall require the LICENSEE to apply for and obtain an excavation permit from the CITY. b. LICENSEE accepts full responsibility for all damages and restoration and agrees to reimburse CITY for performing all work and furnishing all materials to correct any failure to comply with the rules and terms hereof and all applicable CITY regulations. C. All work shall be done by a State Licensed Contractor with the appropriate classification. In addition, the contractor shall possess a current CITY Business License, d. Traffic. Traffic control shall comply with CITY Standard Plan No. 1125F and the Work Area Traffic Control Handbook (WATCH). Amber lights must be maintained at night. Any street closure shall comply with CITY Standard Plan No 1125F. e. Fire Hydrant permits shall be obtained from the Public Works Agency before water is obtained from any public hydrant. f. LICENSEE or its contractor shall patch all authorized street cuts to CITY Standards, including baekfilling with 90 percent relative compaction and temporary AC pavement. LICENSEE or its contractor shall place permanent patch within 30 days of placing the temporary patch. A CITY Street Construction Inspector must be present to inspect placement of backfill and both temporary and permanent patches. g. Refuse, rubble, gravel, dirt or unused materials shall be removed on a daily basis and final cleanup shall take place within 3 clays after completion of the work. If not so removed, CITY will remove such refuse, rubble, gravel, dirt or unused materials at LICENSEE's expense, including the current call -out charge. 11. UTILITY MARKINGS. Upon completion of the installation work, or any necessary service work, LICENSEE shall require that its contractor shall remove all painted Page 2 of 8 25G -28 utility markings using the removal method acceptable to the inspector. LICENSEE or its contractor shall register the fiber optic cable with, and maintain its presence in the Underground Service Alert (Digalert) database. i. LICENSEE shall provide plans for the project on CITY Standard Sheets and shall provide as -built plans when installation is complete. j. CITY's grant of this License does not authorize entry onto, or commencement of work at Premise 1 and 2. LICENSEE shall be solely responsible for obtaining all necessary authorizations of the property owner(s) of any such Premises, to install, maintain and repair fiber optic cable at Premise 1 and 2. CITY shall have no responsibility to indemnify said property owner(s) for liability arising from the installation, maintenance or repair of such fiber optic cable on Premise t and 2. 3. General Terms and Conditions. a. Insurance. Prior to undertaking performance of work under this Agreement, LICENSEE shall obtain, and maintain for the duration of this Agreement, and shall require its Contractor to obtain and maintain Commercial General Liability Insurance, which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of LICENSEE's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount ofS1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall be endorsed to (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. The following requirements apply to the insurance to be provided by LICENSEE pursuant to this section: LICENSEE shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. ii. If LICENSEE fails or refuses to produce or maintain the insurance required by this section or fails or refuses to t unish CITY with required proof that insurance has been procured and is in force and paid for, CITY shall have the right, at its election, to forthwith terminate this Agreement. Page 3 of $ 25G -29 b. LICENSEE shall not permit any mechanics, materialman's or other liens of any kind or nature ( "Liens ") to be tiled or enforced against the License Area 1 in connection with this Agreement. LICENSEE shall indemnify, defend and hold harmless CITY, its officers, employees and agents, from all liability for any and all liens, claims and demands, together with costs of defense and reasonable attorneys' fees, arising from any Liens. CITY reserves the right, at its sole cost and expense, at any time and from time to time, to post and maintain on the License Area 1, or any portion thereof, or on the improvements on the License Areal, any notices of non - responsibility or other notice as may be desirable to protect CITY against liability. In addition to, and not as a limitation of CITY's other rights and remedies under this Agreement, Should LICENSEE fail, within ten (10) days of written request from CITY, either to discharge any Lien or to bond for any Lien, or to defend, indemnify, and hold harmless CITY from and against any loss, damage, injury, liability or claim arising out of a Lien, then CITY, at its option, may elect to pay such Lien, or settle or discharge such Lien and any action or judgment related thereto and all costs, expenses and attorneys' fees incurred in doing so shall be paid to CITY, as applicable, by LICENSEE upon written demand. c. LICENSEE shall not have any interest in the License Area 1 or be entitled to any reimbursement or repayment for any work performed upon the License Area t pursuant to this Agreement. d. LICENSEE may not encroach upon the License Area 1 for any other purpose or business than that specified in Paragraph 1, above, other than pedestrian purposes already available to members of the general public, without obtaining the prior written consent of the CITY's Executive Director of the Public Works Agency. e, CITY will not be held responsible for loss of, or damage to, any improvements rnade by LICENSEE in the License Area 1. f. This License is made subject and subordinate to the prior and continuing right of CITY to use the public right -of -way, 4. Indemnity. LICENSEE hereby agrees to defend, indemnify and hold the City of Santa Ana and its officers, officials, members, employees, agents and representatives, harmless from and against any and all loss, damage, injury, liability, claim, cost or expense (including, without limitation, reasonable attorneys' fees, expert: witness fees, court costs, and expenses) arising from or attributable to the activities of LICENSEE or any of its employees, agents, consultants or contractors upon the License Areas pursuant to this Agreement, except for loss, damage, injury, liability, claim, cost or expense arising from the negligence or misconduct of the CITY, its officers, officials, members, employees, agents, or representatives. All use of and entry upon the License Area I shall be at the sole cost, risk and expense of LICENSEE. LICENSEE acknowledges and understands that should this Agreement be deemed by the County of Orange to create a possessory interest subject to property taxation, that LICENSEE shall be subject to the payment of property taxes levied on such interest, and that it shall defend, indemnify and hold the City of Santa Ana and its officers, officials, members, employees, agents and representatives, harmless from and against any and all such claims. Page 4 of S 25G -30 License Fees. At the time of the street work permit issuance, all outstanding fees associated with the license processing, street improvement plan- check and street work permit shall be paid in full by LICENSEE. 6. Revocation. CITY may revoke this License, at will, upon Nine (9) months' 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: Clerk of The Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, California 92702 With courtesy copy to: TO COUNTY: Scott D. Mayer Chief Real Estate Officer CEO, Real Estate Services 300 N. Flower Street Santa Ana, CA 92703 Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, California 92702 $. Termination of Occupa" ncy. a. LICENSEE accepts the License Area 1 in an "as is" condition and upon termination or revocation of this License, LICENSEE shall, at its own cost and expense, remove any improvements installed, as stated below, and maintained by LICENSEE and surrender possession of the License Area l 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. The LICENSEE shall not be required to remove or relocate its fiber optic cables from the street right-of-way unless the fiber optic cables improvements substantially interfere with other CITY- related public projects. If fiber optic conduit is relocated, updated as -built plans shall be provided to City by the County. Page 5 of S 25G -31 b. In the event LICENSEE fails, neglects or refuses to remove said improvements, as stated above, and restore the License Areas, such removal and restorations may be performed by CITY, at LICENSEE "s expense, which expense LICENSEE agrees to pay to CITY upon demand. y. Miscellaneous a. Choice of Law. This Agreement is to be governed by, and construed in accordance with, the laws of the State of California. b. Remedies. Either party shall, in addition to all other rights provided herein or as may be provided by law, be entitled to the remedies of specific performance and injunction to enforce its rights hereunder, except to the extent expressly provided to the contrary in this Agreement. All rights and remedies under this Agreement are cumulative and no one of them shalt be exclusive of any other, and each party shall have the right to pursue any one or all of such rights and remedies or any other remedy which may be provided by law, whether or not stated in this Agreement, except to the extent expressly provided to the contrary in this Agreement. C. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. d. Non - Liability of Public Officials. No officer, employee, member, agent or representative of CITY shall be personally liable to LICENSEE, or any successor in interest, in the event of any default or breach by CITY, or for any amount which may become due to LICENSEE or its successor, or for any breach of any obligation of the terms of this Agreement. e. Effective Date. This Agreement shall become effective on the date first set forth above. f Assignment. LICENSEE shall not record, hypothecate, assign or attempt to record, hypothecate or assign 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. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date first set forth above. [SIGNATURES ON NEXT PAGE] page 6 of 8 25G -32 Attest: Maria D. Auizar Clerk of the Council Approved as to form: r Vos Sandoval. iief Assistant City Attorney Recommended for Approval: Fred Mousavipour Executive Director Public Works Agency CITY OF SANTA ANA David Cavazos City Manager COUNTY OF ORANGE Scott D. Mayer Chief Real Estate Officer County Executive Office, Real Estate Approved as to form: Deputy County Counsel Office of the County Counsel County of Orange, California Page 7of8 25G -33 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: SEE ATTACHMENT Page 8 of 8 25G -34 EXHIBIT j License Area A strip of land, in the City of Santa Ana, County of Orange, State of California, lying within the right of way of Santa Ana Boulevard and adjoining Parcel Map No. 90 -251, filed in Book 263, Pages 37 and 38 of Parcel Maps, more particularly described as follows: ParcelGA401 -281: The southerly 14.00 feet of Santa Ana Boulevard, having a half width right of way of 52.00 feet per said Parcel Map, bounded as follows: On the east by a line parallel with and 70.00 feet westerly of the westerly right of way of Flower Street, having a half width right of way of 30.00 feet per said Parcel Map, said right of way also being the easterly line of Parcel 1 of said parcel map; and On the west by a line parallel with and 370.00 feet westerly of the westerly right of way of said Flower Street. Containing 4,200 square feet. This legal description is not intended for use in the conveyance of land in violation of the Subdivision Map Act of the State of California. s0 , Prepared under the direction of: vor p. Rice, Pi.S 8862 Signed: 06113116 D. Woolley & Associates, Inc., 2332 Walnut Avenue, Suite A, Tustin, California 92780 Page 1 of 25G -35 r >M M o m m D I A IJ O in 0 0 A a A O A D m � u� 0 N D n m r I m m m m N W 7zo- > A9 Om N mO WA X 2 �D A V 2 m T 0 W AD �Am D m z � m (A'� Nc mo N JJ �p "z zT m r =w O N zc m m m U m � A O �o nom D mm n x5z m r � °o ®zm As 2� FLOWER STREET E z m m To 0 Ay AO mZ m0 m n m n z Im o m o m x 7 m As Tz z z D I z z y z to D In O m z O m s m G O mm m IZ DC o0 v z A z0 n yo m �Ir I z I I ORANGE COUNTY PARCEL FLOWER STREET 130UVd A1N000 39NVPO BUILDING 36 SUPERIOR COURT CIVIL COMPLEX CENTER 25G -36 0(n m U)m n Z l 0 1 00 m n a O W r � n m D Z Z - mmW D G) M D D r-