Item 23 - Agreement with Republic Services for use of City -Owned East Alton Avenue Lot

Home Browse Search

This LICENSE AGREEMENT ("Agreement") is dated as of December 7th, 2021, and entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation existing under the Constitution and laws of the State of California ("City"), and REPUBLIC WASTE SERVICES OF SOUTHERN CALIFORNIA, LLC, a Delaware limited liability company DBA Republic Services ("Licensee"). RECITALS A The City is the owner of that certain real property located at the eastern terminus of Alton Avenue between Standard Avenue and the SR-55 Freeway in the City of Santa Ana, as more particularly described in Exhibit A, attached hereto and incorporated by reference ("License Area"). The Property is approximately 66,546 square feet in size. B. The License Area is part of a planned road improvement project to be constructed by the City where such construction is anticipated to begin within five (5) years of the date of this Agreement. While the License Area is not located in a specific zone district, properties immediately surrounding the site are zoned for Light Industrial Use (MI). C. Licensee is a logistical and transportation services company who submitted a responsive proposal that was selected by the City, in accordance with the permissible uses of the Property as described in RFP No. 21-097. D. Licensee desires to use the License Area for purposes of storing waste services trash bins, equipment and commercial vehicles during the License period ("Permitted Uses"), which is closely compatible to the permitted uses under the Light Industrial Use (M I) zoning designation described in Exhibit B, attached hereto and incorporate by reference. E The City has agreed to grant Licensee a license to use the License Area, on the terms and conditions set forth in this Agreement. NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. License. The City hereby grants to Licensee a nonexclusive license for the right to enter and use the License Area beginning on December 20, 2021 for the Permitted Uses described in Recital D, upon the terms and conditions set forth herein ("License"), subject to Licensee's performance of all of its obligations under this Agreement. This License shall remain in effect untiI October 31,2022, unless extended in writing by Licensee and the Executive Director of the Public Works Agency, or his or her designee. The License may be terminated by City upon sixty (60) days written notice. This Agreement is intended and shall be construed only as a revocable license to use the License Area and not as a lease or grant of any possessory or other interest. The City shall have the right to enter the License Area for purposes of accessing the adjacent flood channel which is not a part of the License Area. Page 2 of 6