HomeMy WebLinkAboutCARDENAS, CECILIA INSURANCE NOT REQUIRED N-2024-244
WORK MAY PROCEED
CITY CLERK
DATE: JUL 2 5 2024 LICENSE AND RIGHT OF ENTRY
0. P C'°0 . o) [808 W Pine St., Santa Ana, California]
0 w^° This license and right of entry is dated June 28, 2024 for identification purposes. I/we, Cecilia Cardenas,
as the legal owners ("Owner") of the property located at Assessor Parcel Number APN#008-203-03, in
the City of Santa Ana, County of Orange (the "Property"), do hereby grant The City of Santa Ana, a
charter city and municipal corporation duly organized and existing under the Constitution and the laws
of the State of California (collectively referred to as the "City"), the right to enter the Property and
hereby grants to City a License and Right-of-Entry for the following purpose:
Entry onto the property located at 808 W Pine St., to complete the Grass-to-Gardens project.
The resident, by applying to this project has agreed to the Grass-to-Garden Terms and
Conditions. The project provides a water-wise landscape conversion that will be both water
efficient and beautiful. See attached EXHIBIT A and EXHIBIT B.
The City agrees to indemnify, defend, and hold harmless Owner from and against any and all actions,
suits, claims, demands,judgments, losses, expenses, or liabilities, injuries and damages to persons and
property, including death, arising out of or related to City's use of the Property or the entry by any City
party on the Property, including without limitation, City's guests, invitees, or contractors. The City
further agrees to repair any damage to the Property caused by the exercise of this License and Right of
Entry at its sole cost and expense,and to restore the Property,with the exception of any improvements
left thereon, as nearly as practicable to the state in which it existed prior to the use of the Property by
the City.
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 express written
approval of the Owner.This License and Right of Entry shall expire upon completion of said construction
work, and in any event, no later than December 31, 2024 unless terminated earlier or extended by
written agreement between the Owner and the City.
CITY 0 S ;NTA ANA/
Alvaro Nunez Cecilia Cardenas
Acting City Manager Property Owner
ATTEST: APPROVED AS TO FORM:
>, Sonia R. Carvalho
_ City Attorney
ennifer L. Ha I `H:IV'
Cif Clerk � By: _ /{f� 4iitrc�
K-yie Nellesen
Assistant City Attorney
EXHIBIT A
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Exhibit B
Grass-to-Garden Application : Entry# 12672
Have you read and understood the Grass-to-Garden Terms and Conditions?
-v'Yes
Property Owner Name
Cecilia Cardenas
Property Address
808 W Pine St
Santa Ana,CA 92701
United States
Map It
Daytime Phone
7143766765
Email
22cecilia22@gmail.com
Enter the 8-digit water account for your property(see utility bill):
21814302
Write one paragraph(100 words or less)explaining why your property should be chosen for this program:
I love greenery and I am responsible,just income restricted and unable to upgrade my front yard due to finances. If chosen, it
would make our neighborhood by Santa Ana High School appear more appealing and create a more aesthetically pleasing area
for all! Pick me!
Statement of Property Owner
✓ I agree to the above.
I,the individual named as"Property Owner"listed above,certify that:
• I am the owner of the property listed above as the project address;and
•I have read, understand and agree to the Grass-to-Garden Terms and Conditions;and
•I agree to waive, release, relinquish and discharge the City of Santa Ana, its officials and employees from all liability,loss,claims,
demands,causes of action,and damage arising out of my participation in this Program.
•I give the City of Santa Ana the right to use the design of the G2G landscaped area as well as descriptions of it,and before-and
after-photos and videos of it,for the purpose of promoting drought tolerant landscapes.This promotion could be in the form of
videos,print,web, and/or other venues.
•The information on this application is true and correct.
Notes
eUser Notification(ID; 51794abf1f0d1)
added July 8. 2023 at 4:30 pm
'
11010.4
N-2024-244
G2G (Grass-to-Garden)
PROGRAM CUSTOMER AGREEMENT
FO GOOD AND VALUABLE CONSIDERATION, including permission to participate in the
City of Santa Ana ("COSA") Program, I, for my myself, my successors, heirs, assigns,
executors, administrators and spouse:
1. Agree that I shall participate in the Program, which includes the removal of grass from the
lawn and parkway in front of my property and the replacement thereof with drought-tolerant
landscape and hardscape (the "Project").
2. Agree that I have sole responsibility for the ongoing quality, appearance, and maintenance
of the Project. This responsibility includes, but is not limited to, plant health, irrigation system
maintenance, weeding, and abiding by Section 41.609 of the City of Santa Ana Municipal
Code regarding landscape maintenance.
3. Agree that I shall make the Project and my property, as necessary, available to COSA
and/or its agents, in order for such parties to take before- and after-photos and videos of
the Project, for promotional purposes, which such photos and/or videos may appear in print,
on the internet, or in other venues, and further agree that I shall have no ownership interest
in the design of the Project or the plans or other documents evidencing such design.
4. Grant to the City of Santa Ana, its departments (including without limitation the COSA),
boards, commissions, directors, officers, employees, agents, and designees (collectively,
"City") non-revocable permission to capture my image and likeness and/or the image of the
Project and my real and personal property in photographs, videotapes, motion pictures,
recordings and any other media (collectively, "Images"). I acknowledge that the City will own
such Images and further grant the City permission to copyright, display, publish, distribute,
use, modify, print and reprint such Images in any manner whatsoever related to City
business, including without limitation publications, advertisements, brochures, web site
images, or other electronic displays and transmissions thereof. I further waive any right to
inspect or approve the use of the Image by the City prior to its use. I forever release the City
from any and all liability arising out of the use of the Images in any manner or media
whatsoever and waive any and all claims and causes of action relating to the use of the
Images, including without limitation, claims for invasion of privacy rights or publicity.
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5. Release and hold harmless the City from any and all liability relating to the Program, the
Project, or to contracted services or products that may be installed as a part thereof. Any
claim you may have based upon any defect or failure of performance of a contracted service
or device or material purchased by you should be pursued with the Contractor or
manufacturer/distributor. The City of Santa Ana makes no representation or warranty
relating to contracted services or products that may be installed as a part of this Program.
By participating in this Program, you waive and release the City, its contractors, and agents
from any and all claims and causes of action arising out of the purchase, installation or use
of devices and materials in connection with this Program.
6. By signing this form, I certify that all information provided is true and correct to the best of
my knowledge and agree to comply with the Program Participation Requirements, Terms
and Conditions, as well as all federal, state, and local codes, including covenants, policies,
conditions and restrictions, as applicable. I further agree to hold harmless the City, its
directors, officers, and employees against all loss, claims, damage, or liability resulting from
participation in the Program, including but not limited to any loss or liability arising out of the
installation or use, except to the extent arising out the gross negligence or willful misconduct
of the City and/or its Contractors.
THIS DOCUMENT RELIEVES THE CITY AND OTHERS FROM LIABILITY FOR INJURY,
LIABILITY AND DAMAGE DUE TO NEGLIGENCE. I HAVE READ THIS DOCUMENT,
UNDERSTAND THAT I GIVE UP SUBSTANTIAL RIGHTS AND ASSUME ALL RISK BY
SIGNING IT, AND SIGN IT VOLUNTARILY.
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