HomeMy WebLinkAboutORANGE, COUNTY OF (56)Mf [ � �`� U ) �,`, L',,
RIGHT OF ENTRY AND LICENSE AGREEMENT
A-2022-184
THIS RIGHTOF ENTRY AND LICENSE AGREEMENT ("Agreement") is made and
entered into this— day of — 2023 ("Effective Date") 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
the "County"), with respect to the following.
Ex"M
A, County owns that certain real property located at 601 N., Ross Street, Santa Ana,
CA, described as Parcel I of Parcel Map of Parcel Map No., 2016-182 as shown
on a map filed in Book 408, Pages 19 - 26 of Parcel Maps, recorded Novembeir 4,
2021, in the Office of the County Recorder of County of Orange, California
(hereinafter " nuilding 16"), which is occupied by various County agencies.
B. County also owns that certain property located at 400 W. Civic Center Drive,
Santa Area, CA described as Parcel 2 of Parcel Map of Parcel Map No. 2016-182
as shown on a map filed in 408, Pages 19 - 26 of Parcel Maps, recorded
November 4, 2021„ in the Off ice of the County Recorder of County of Orange,
California (hereinafter "Building 14"), which is currently being constructed, and
will there after also house County agencies.
CCity owns or has an easement for public street/road purposes along, above and
under the public street commonly known as Ross Street (hereinafter "Street"),
which abuts Building 14 and Building 16 as shown on a map filed in Book 408,
Pages 19-26 of Parcel Maps, recorded November 4, 202 1, in the Office of the
County Recorder of County of Orange, State of California ("'City Easement").
DCounty has constructed an overhanIging roof as a design element at Building 14
and Building 16, both of which encroach upon the City Easement (the
"Oveirhangs")-
E. County desires a license to construct, maintain and repair its Overhangs which are
located on building 14 and 16 between the approximate elevations of 86 and 92
feet above the surface of Ross Street, as described in Exhibit A and depicted in
Exhibit B, of Attachment I ("License Area 1') and in Exhibit A and depicted in
Exhibit B, of Attachment 2 ("License Area 2") attached hereto and incorporate
by reference. License Area I and License Area 2 may be collectively referred to
herein as the "License Areas."
NOW, THEREFORE, fbr good and valuable consideration, County and City do hereby
agree as follows-
1. RiiV ht,..of Entr ,_and License.
Provided that all of the terms and conditions of this Agreement are fully satisfied, as of
the Effective Date of the Agreement, City hereby grants to County and its employees, agents and
contractors the nonexclusive, non -assignable, personal, revocable right and license to use,
maintain, and repair said Overhangs within the License Areas. 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.
2. County's Duties.
By execution of this Agreement, County agrees for itself and on behalf of its employees,
agents, consultants and contractors as follows:
a. All work performed by County on the Overhangs from or within the License
Areas shall comply with the current edition of the Standard Spec ficationswfor Public
Construction `Green Books and all applicable City Ordinances, Standards and Specifications
currently in effect. The work, including method of installation and limits of construction of the
Overhangs shall be depicted on a plan and shall be subject to review inspection and approval by
the City Engineer. Any contractor performing work on the Overhangs shall first obtain all
applicable permits from the City.
b. The County shall endeavor to maintain and repair the Overhangs from property
owned or controlled by County, if practical. Any maintenance or repair of the Overhangs via the
City's Street shall require the County to apply for and obtain all applicable permits from the
City.
C. County accepts full responsibility for all damages and restoration to City property
caused by County pursuant to County's activities stated herein. In the event that County damages
any portion of City Property, County shall immediately repair the damage at County's sole cost.
Alternatively, the City may, at its election, repair the damage in which case County shall
reimburse the City for its direct cost within thirty (30) days of receipt of written demand from
City.
d. All work shall he done by a State Licensed Contractor with the appropriate
classification. In addition, the contractor shall possess a current City Business License.
e. Traffic.
• Traffic control shall comply with City Standard Plan No. l 125E and the Work
Area Traffic Control Handbook (WATCH). Amber lights must be maintained
at night.
• Any street closure shall comply with Cite Standard Plan No.w 1125F.
f. Refuse, rubble, gravel, dirt or unused materials shall be removed on a daily basis
and final cleanup shall take place within 3 days after completion of the work. If not removed
within 3 days, City may remove such refuse, rubble, gravel, dirt or unused materials at County's
expense, including the current call -out charge.
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g. County shall provide plans for the project on City Standard Sheets and shall
provide as -built plans when installation is complete.
h. County shall cause all activities of under this Agreement and all activities on the
License Areas to be performed in compliance with all applicable federal, state, and local laws,
ordinances, and regulations, and permits.
3. General Terms and Conditions.
a. Insurance. The County is self -insured; however, prior to undertaking
performance of work under this Agreement, County shall require its contractor(s) 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 County'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 of $1,000,000 per occurrence, $2,000,000 in the aggregate. If the
County maintains broader coverage and/or higher limits than the minimums shown above, the
City requires and shall be entitled to the broader coverage and/or the higher limits maintained ty
the County. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City. 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.
i. The following requirements apply to the insurance to be provided by County's
contractors pursuant to this section:
• County contractors shall maintain all insurance required above in full force
and effect for the entire period covered by their activities conducted pursuant
to this Agreement.
• Certificates of insurance shall be furnished to the City prior to any County
contractors' performance 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 County's contractors fail or refuses to produce or maintain the insurance
required by this section or fails or refuses to furnish 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 terminate this Agreement, if the County fails to cure within thirty
(30) days of written notice received by County from City.
b. County shall not permit any mechanics, materialman's or other liens of any kind
or nature ("Liens") to be filed or enforced against the License Areas in connection with this
Agreement. County shall indemnify, defend and hold harmless City, its officers, employees and
agents, free 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 Areas
or any portion thereof, notices of non -responsibility or any 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 County 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 judgement related thereto and all costs, expenses and attorneys' fees incurred in doing
so shall be paid to City, as applicable, by County upon written demand.
C. County shall not have any ownership interest in the License Areas or be entitled
to any reimbursement or repayment for any work performed upon the License Areas pursuant to
this Agreement.
d. County may not encroach upon the License Areas 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
made by County in the License Areas.
f. This License is made subject and subordinate to the prior and continuing right of
City to use the public right-of-way.
4. Indemn ft,yj
County hereby agrees to defend, indemnify and hold the City of Santa Ana and its
officers, ofi'icials, 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 County 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
Areas shall be at the sole cost, risk and expense of County. County acknowledges and
understands that should this Agreement be deemed by the County of Orange to create a
possessory interest subject to property taxation, that County 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.
5. License Fees.
At the time of any permit issuance, all outstanding fees associated with the License
processing, improvement plan -check and work permit shall be paid in full by County.
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6. 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:
City of Santa Ana
Clerk of the Council
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702
With a copy to:
City of Santa Ana
Attn: Executive Director of the Public Works
20 Civic Center Plaza (M-21)
Santa Ana, California 92702
TO COUNTY:
County of Orange
Attn: Chief Real Estate Officer
CEO Real Estate
400 W. Civic Center Drive, 5t" Floor
Santa Ana, CA 92701
7. TerminationofOcgpLj c .
a. County accepts the License Areas in an "as is" condition and upon termination or
revocation of this License, County shall, at its own cost and expense, remove any improvements
installed, as stated below, and maintained by County and surrender possession of the License
Areas 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 the License, to the satisfaction of City. The County shall
not be required to remove its Overhangs from the City's Street unless the Overhangs
substantially interfere with other City related public projects.
8. 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
shall be exclusive of any other, and each party shall have the right to pursue any one or all of
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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 County, or any successor in interest, in the
event of any default or breach by City, or for any amount which may become due to County or
its successor, or for any breach of any obligation of the terms of this Agreement.
e. Assignment. County shall not record, hypothecate, assign or attempt to record,
hypothecate or assign this personal License. Any attempt by County to record, hypothecate, or
assign this License shall automatically terminate this License Agreement and render this License
void and invalid.
f. Litigation Expenses. With the exception of any litigation expenses arising from
Section 4 of this Agreement, if either party to this Agreement commences an action against the
other party to this Agreement arising out of or in connection with this Agreement, then each
Party shall bear its own costs including but not limited to attorney fees.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the
date first set forth above.
City of Santa Ana
ATTEST:
"filer of the Councill
City of Santa. Aria
APPROVED AS TO FORM,
,Dose Montoya
Assistant City Attorney
[Signatures continued on the next page]
6
CITY OF SANTA ANA
a charter city and municipal corporation
organized and existing under the
Constitution and laws of the State of
California
�r
h .� M
Kristine Ridge,m City Manager
APPROVED AS TO FORM:
Oigiallysignetl by MiNffiI A. Haubert
� tl ON: and Ikh.l A. Neubl ox ty of Orange,
! �! � uor{aunty Damsel,
1'�l'q',�;�iii��il'�W'"'�',d r'"�,Y'�'�W iriili '�� amall=mltlsaelAaubert�cocswcgovcum. c=1A
oate:zoz3.wao nsass o>�olr
Deputy County Counsel
Office of the County Counsel
Orange County, California
COUNTY OF ORANGE
A political subdivision of the State of
California
Thomas A. Miller, Chief Seal Estate Officer
County Executive Office Real Estate
ATTACHMENT I
LICENSE AREA I- LEGAL DESCRIPTION
SEE ATTACHMENT
EXHIBIT 1p
x
"! •trme ps v
DESCRIPTIONLEGAL
PARCEL A
THAT
PORTION
OF NORTH STREET AS SHOWN ON
PARCEL MAP P NO. 201 :"
THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED
IN BOOK 408, PAGES 19 THROUGH 26, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF SAID NORTH ROSS STREET AND
WEST CIVIC CENTER DRIVE AS SHOWN ON SAID PARCEL MAP;
THENCE ALONG THE CENTERLINE or SAID NORTH ROSS STREET
SOUTH 00"03'30" WEST, 469.43 FEET;
THENCE LEAVING SAID CENTERLINE SOUTH 89-56-30- EAST, 48.00 FEET TO THE
PARCEL MAP, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE NORTH 89'29W' WEST,
10.33 FEET;
THENCE SOUTH 00"40'13" WEST, 87.98 FEET;
THENCE SOUTH 82031-44" EAST, 11.36 FEET TO SAID EASTERLY RIGHT-OF-WAY LINE;
TO THE TRUE POINT BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 957 SQUARE FEET OR 0.022 ACRES, MORE
OR COVENANTS,
SUBJECT TO CONDITIONS,RESTRICTIONS,
I RIGHTS
4 AND EASEMENTS OF RECORD, 1.
ALL AS MORE PARTICULARLY SHOWN ON B,' ATTACHED HERETO AND MADE A
DIRECTION,PART HEREOF.
THIS DOCUMENT HAS BEEN PREPARED BY ME, OR UNDER MY
tl
CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT.
�" ,, DATE
Page 1 of 1 LICENSE AREA
PAGE 9 OF 12
r r ACCOWANY EXHIBIT "B" SHEET 1 OF 1 SHEET
BUILDING 16 ROOF OVERHANG LICENSE AREA 1
IN THE CITY OF SANTA ANA
COUNTY OF ORANGE, STATE OF CALIFORNIA
P.aaW. CI WC CENTER DRIVE
SCALE; 1" = 150'
I R.0.19: 1
j PARCEL A)
957 SQ.Fr.
0.022 AC. JI
L4' 1 1
PLANp SG
,��,V
An�;
k No.7542
of
cA��F
WR.O.W.
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PARCEL 2
P.M. NO, 2016--182
P.M.B. 408/19-26
PARCEL 1
COUNTY ADMMSTRA WN
I BLDG. t6
P.M. NO. 2016-182
P.M.B. 408/19— 26
48' BOULEVARD
y004
EGEND
PARCEL A - BUILDING 16 ROOF OVERHANG
C / 4 LICENSE AREA
(XXXX) INDICATES RECORD DATA PER
P.M. NO. 2016-182 P.M.B. 408/19-26
R.O.W. PUBLIC STREET RIGHT-OF-WAY
PREPAR"' -BY ME OR UNDER MY DIRECTION:
T OTHY S. G P. 542 DATE
LICENSE AREA
PAGE 10 OF 12
ATTACHMENT 2
LICENSE AREA 2- LEGAL DESCRIPTION
SEE ATTACHMENT
EXHIBIT "A"
BUILDING 14 ROOF OVERHANG LICENSE AREA 2
LEGAL DESCRIPTION
PARCEL A
THAT PORTION OF NORTH ROSS STREET AS SHOWN ON PARCEL MAP NO, 2016-182, IN
THE CITY OF SANTA ANA. COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED
IN BOOK 408, PAGES 19 THROUGH 26, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF SAID NORTH ROSS STREET AND
WEST CIVIC CENTER DRIVE AS SHOWN ON SAID PARCEL MAP;
THENCE ALONG THE CENTERLINE OF SAID NORTH ROSS STREET
SOUTH 00°0330" WEST, 124.75 FEET;
THENCE LEAVING SAID CENTERLINE SOUTH 89°56'30" EAST, 48.00 FEET TO THE
EASTERLY RIGHT-OF-WAY LINE OF SAID NORTH ROSS STREET AS DEDICATED ON SAID
PARCEL MAP, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE SOUTH 83*60'28" WEST,
6.80 FEET;
THENCE SOUTH 00039'19" WEST, 87.89 FEET;
THENCE SOUTH 89°2941" EAST, 7.68 FEET TO SAID EASTERLY RIGHT—OF—WAY LINE;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE NORTH 00"03'30" EAST, 88.71 FEET
TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 638 SQUARE FEET OR 0.015 ACRES, MORE
OR LESS.
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF
WAY, AND EASEMENTS OF RECORD, IF ANY.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A
PART HEREOF.
THIS DOCUMENT HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN
CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT.
8/10/22
Td THY S. FE A.L.S.-2 DATE
Page 1 of 1 LICENSE AREA
PAGE 11 OF 12
PLAr To Accopur EXHIBIT "B" SHEET 1 OF 1 SHEET
BUILDING 14 ROOF OVERHANG LICENSE AREA 2
IN THE CITY OF SANTA ANA
COUNTY OF ORANGE, STATE OF CALIFORNIA
P.ar.
a^
f.P.O.a
12 �1 �
I -R.O.W.
C..
yk
1 I
I i 1
.� PARCEL A 1 48'
638 SQ.Fr.
0.015 AC.
L4 . I O
-----------
SCALE: 1° 150'
"L LAND
* No.7542
u�
OF CAL"F
W. CIVIC CENTER DRI WE
T.R RB.
0..w
COWTr ADhWSiRAnar
NORTH
Wa 14
PARCEL 2
P.M. NO. 2016--182
P.M.B. 408/19-26
PARCEL 1
P.M. NO. 2015-182
P.M.B. 408/19-26
04A ooULEVARD
LENNIQ
® PARCEL A — BUILDING 14 ROOF OVERHANG
LICENSE AREA
(XXXX) C P.M.NO. 2016—R182 P BP408/19-26
R.O.W. PUBLIC STREET RIGHT--OF—WAY
PREPAR BY ME OR UNDER MY DIRECTION,:
10 2
tl OTHY S. Tn10 P. 542 DATE
LICENSE AREA
PAGE 12 OF 12