HomeMy WebLinkAboutNAING, MA MAY THET (2) - 2017A-2016-276-04
LICENSE AND RIGHT GE ]ENTRY AGREEMENT
r-'� Q This License and Right of Entry Agreement ("License") is entered as of the ay of
F , 2017, by and between the CITY OF SANTA ANA, a California charter city in the
County Qf Orange of the State of California ("City") and MA MAX THET NAING, an
individual ("Naing").
RECITALS:
1.1 The property contemplated is owned by Naing and located at 1113 to 1125 South
C Standard Street, Santa Ana, CA (APN #'s 011-251-17,-18,-19,-20,-38, and -39) ("Property").
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1.2 The City wishes to enter the Property for the purpose of undertaldng certain
environmental studies and due diligence ("Work"). The Work may include, but is not limited to,
drilling and testing for needed soils reports, as well as a study to be performed to complete a
Phase 1 Environmental Site Assessment report. More specifically, the City contemplates the
following: mark boring locations, vehicle drilling rig access, soil sample collection (5 -samples),
drilling and augering to a depth not exceeding 20 feet by 8 inches wide. The Work may be
performed by City in phases with any subsequent phases dependent upon the findings of the
prior phase(s).
AGREEMENT
2.1 In consideration of the mutual promises and covenants contained herein., Naing
does hereby grant to City, its employees, contractors, agents, representatives and assigns
("Licensees"), the right to enter upon the Property to complete the Work.
2.2 The Licensee, in return for Naing granting permission to enter the Property,
agrees:
2.2.1 To retain a qualified contractor ("Contractor") to perform the Work and to
determine, in City's sole and absolute discretion and without any liability resulting to Naing from
such determination, whether or not further Work must be done.
2.2.2 To require the Contractor to perform. the Work in a safe and workmanlike
manner, and in accordance with all applicable laws, ordinances, permits and regulations.
2.2.3 Licensees shall have the right, at their sole cost, expense and liability, to
commence the Work at the Property. Licensees shall use care and consideration in connection
with any of the Work and Naing shall have the right to be present during any Work performed at
the Property. The City further agrees to repair any damage to said Property caused by the
exercise of this License at its sole cost and expense and to restore said Property, with the
exception of the improvements left thereon, as nearly as practicable to the state in which it
existed prior to the use of the Property by the City.
2.2.4 City shall protect, indemnify, defend and hold Naing free and harmless
from and against any and all claims, damages, liens, stop notices, liabilities, losses, costs and
expenses, including reasonable attorneys' fees and court costs and expenses (all of the foregoing,
collectively "Liabilities"), resulting from the Work. authorized by this License, except as to those
Liabilities attributable to the negligence or willful misconduct of Naing or the mere discovery of
pre-existing conditions, The indemnity provided in this paragraph shall not extend to any injury,
death or property damage to the extent caused by or arising from any condition existing on the
Property prior to the commencement of the Work, including, but not limited to, any preexisting
environmental condition on or about the Property.
2.3 This License shall expire upon completion of said. Work, and in any event, no
later than, June 5, 2017, unless extended by written agreement between. parties.
AUSCELAINEOUS
3.1 Nothing in this License shall be interpreted as,. or otherwise be deemed to be, a
transfer or conveyance of any interest in real property whatsoever between Naing and the
Licensees (or any of them), except as otherwise specifically provided in writing. The parties
acknowledge and agree that nothing in this License shall be interpreted as an agreement for the
lease or other use of the Property by the Licensees (or any of them). Any agreement for the use of
the Property for any purpose(s) other than those set forth in this License or for the conveyance of
an interest in real property must be the subj ect of a separate written agreement between the parties.
3.2 Neither party shall be liable for any delay in the performance of any of their
respective obligations hereunder, or for any damages suffered by Naing or the indemnitees listed
herein by reason of such delay, if such delay is, directly or indirectly, caused by, or in any
manner arises from, fires, floods, accidents, civil unrest, acts of God, war, governmental
interference or embargoes, strikes, labor difficulties, shortage of labor, fuel, power, materials, or
supplies, transportation delays, or any other cause or causes whether or not similar in nature to
any of these hereinbefore specified beyond a party's control. Any such delay shall automatically
extend the term of this .License one whole day for each day or portion thereof during which such
delay shall exist.
3.3 All notices or other communication provided for under this License shall be in
writing, and shall be delivered personally, sent by reputable overnight mail equivalent carrier, or
sent by registered or certified mail, return receipt requested, postage prepaid, addressed to the
person to receive such notice or communication at the following address and shall be effective
upon the earlier of actual receipt (including by facsimile) or refusal to accept delivery:
If to the City: The City of Santa Ana
Gerardo Mouet
Executive Director
Parks, Recreation and Community Service
20 Civic Center Plaza (M-75)
P.O. Box 1988
Santa Ana, CA 92702
2
With a copy to; CityA.ttorney
20 Civic Center Plaza, (M-29)
P.O. Box 1988
Santa Ana, CA 92702
If to Naing; Ma May Thet Naing
466 W. Norman Avenue
Arcadia, CA 91007
Facsimile (626) 786-9696
Notice of change of address shall be given by written notice in the manner set forth in
this subsection,.
3.4 This License shall be binding upon and shall inure to the benefit of the parties and
their respective heirs, executors, administrators, successors and assigns.
3.5 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 expressed written approval of the undersigned. No right of entry to existing buildings is
conveyed by this instrument,
3.6 The parties agree to execute all instruments and documents and to take all actions
as may be required in order to consummate the transactions contemplated by this .License.
3.7 This License contains the entire agreement between the parties concerning the
subject matter of this License and supersedes any prior agreements, understandings or
negotiations (whether oral or written), No addition or modification of any term or provision
hereof shall be effective unless set forth in writing and signed by the parties.
3.8 This License may be executed in counterparts, each of which shall be deemed an
original, but all of which, together, shall constitute one and the same instrument.
3.9 Naing and City agree that no party is intended to be ox shall be construed as a
partner, joint venturer, alter ego, manager, controlling person or other business associate or
participant of any kind of any other party and no party intends ever to assume such status.
3.10 Except as specifically set forth herein, this License shalt not be deemed to confer
any rights upon any individual or entity which is not a party hereto, and the Parties hereto
expressly disclaim any such third -party benefit,
IN WITNESS WHEREOF, the
Agreement on the dates indicated
representatives, as appear below.
ATTEST.
'--kcD r
MARIA D. HUIZAR.
Clerk of the Council
APPROVED AS TO FORM:
SONIA R, CARVALHO
City
Parties have executed this License and Right of Entry
next to each of the signatures of their authorized
RECOMMENDED FOR APPROVAL:
GERARDO MOUET
Executive Director
Parks, Recreation and Community Services
RECOMMENDED FOR APPROVAL
USAVIP UR
Executive Director
Public Works Agency
CITY OF SANTA ANA
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ROBER C, (ORTE7- {'
Deputy City Manager
NAING:
MA MAY THET NAG