HomeMy WebLinkAboutNMC SANTA ANA, LLCN-2001-137
_NMC SANTA ANA, LLC
18861 Ventura Boulevard, Suite 300
Tarzana, CA 91356
July 23, 2001
City of Santa Ana
20 Civic Center Plaza M29
Santa Ana, CA 92702
Attn: David N. Ream, City Manager
Re: Santa Ana and NewMark Merrill
Dear Mr. Ream:
This letter will confirm certain agreements between NMC Santa Ana, LLC ("NMC") and
the City of Santa Ana (the "City") in connection with the License and Right ofEntry (the "License")
dated April 30, 2001 and entered into between NMC and the City. Capitalized terms used but not
defined in this letter have the meanings given to them in the License.
The existing sign referred to at Section 3 of the License is referred to in this letter as the
"Sign." The Sign may be relocated to any location at the Property specified by NMC as long as the
new location complies with City ofSantaAna Municipal Code requirements as to setbacks, visibility
from public rights -of -way, and landscaping required for signage. The City hereby approves of the
relocation of the Sign to the location shown on the site plan attached as Exhibit "A" and agrees that
such location complies with such code requirements.
NMC shall prepare construction plans for the installation of the Sign at a new location as
required for building and electrical permit approvals by the City's Planning and Building Agency.
The City hereby waives all plan check, permit and similar fees (including without limitation any
inspection fees and fees for occupancy certificates) in connection with the removal and relocation
of the Sign (and construction in connection therewith). The City will cause all permits and approvals
to be processed on an expedited basis.
The City shall, at its expense, cause the Sign to be removed and placed, in the condition
existing prior to such removal, for temporary storage in a location specified by NMC. The City
shall not be responsible for the safekeeping of the sign after it has been removed and placed in such
location as required above. NMC shall be responsible for re -installing the Sign in such new location.
The City shall be pay to NMC the first $3,000 of costs incurred for any new footings and all
electrical work (including without limitation the cost of conduit, wiring, trenching required for the
relocated Sign) in connection with the relocation and re -installation of the Sign in the new location.
The City shall make such payment promptly following NMC's demand therefore and receipt of
invoices for the costs incurred. The City shall not be obligated to pay any other costs of the work
required to re -install the Sign in the new location. The City shall indemnify, defend, protect and
hold NMC, its affiliates and successors and assigns, and their respective partners, members,
shareholders, officers, directors, employees, agents, contractors, tenants, licensees and invitees, free
City of Santa Ana
July 23, 2001
Page 2
and harmless from and against any and all Claims arising from or due to the undertaking of the work
described above by the City or by any contractor or contractors hired by it.
Except as modified by the provisions of this letter, all of the provisions of the License remain
in fill force and effect.
Please confirm the agreement of the City with all of the foregoing by signing the enclosed
copy of this letter where indicated below and returning the fully signed copy to us.
Very truly yours,
NMC SANTA ANA, LLC,
a Californrjr(
'd liability company
By:
Sand Sigal,
Authorized Representative
AGREED AND ACCEPTED:
THE CITY OF SANTA ANA,
a charter city and municipal corporation
duly organized and existing under the
Constitution and laws of t S to of lifornia
By:
Name: V#V i Q M. IR v. F r1
Its: (i ru )OMhN/iFC-le-
APPROVED AS TO FORM
C per G. Norman,
Assistant City Attorney
ATTEST:
l
PAMCIA E. HEALY