HomeMy WebLinkAboutFIESTA MARKETPLACE PARTNERSMAY 1"RNEE1
LICENSE ULERK OF. G(KINUL
This License is made April 6, 1998, by and between the City of Santa Ana, hereinafter referred to
as "City," and Fiesta Marketplace Partners, a partnership, hereinafter referred to as "Licensee,"
without regard to number and gender.
License Area
City grants Licensee the right to park one -hundred fifty (15 0) vehicles at the top level of
the Fiesta Marketplace parking garage, hereinafter known as the "License Area,"
described on Exhibit A attached hereto and made a part hereof. The spaces shall be
utilized exclusively for students and faculty of Santa Ana College.
2. Term
This License shall become effective May 1, 1998. Said License shall continue in effect
until terminated as provided in Clause 3 (Termination) of this License.
Termination
This License agreement shall automatically terminate upon Santa Ana College's vacating
Fiesta Marketplace. Otherwise, this License shall not be tenninated without consent from
both parties to the termination.
4. Use Fee
Licensee agrees to pay City as rent for the right to park said vehicles the sum of Twenty-
five Thousand Dollars ($25,000.00) per year for years one through five. The rate for
years six through ten shall be established upon review of nonprofit entity market rates for
parking at that time.
To obtain rent payments, City (or City's designee) shall submit to Licensee, in a form
acceptable to Licensee, a written invoice for said rent payments.
Indemnification
Licensee shall indemnify and hold harmless City, its officers, agents, employees, and
volunteers from and against any and all claims, demands, losses, or liabilities of any kind
or nature which Licensee, its officers, agents, and employees may sustain or incur, or
which may be imposed upon them for injury to or death of persons, or damage to
property as a result of, or arising out of, the sole negligence of Licensee, its officers,
agents, employees, subtenants, invitees, or Licensees, in conriection with the occupancy
and use of the License Area by Licensee.
Likewise, City shall indemnity and hold harmless Licensee, its officers, agents, and
employees, from and against any and all claims, demands, losses, or liabilities of any
kind or nature which Licensee, its officers, agents, and employees may sustain or incur,
or which may be imposed upon them for injury to or death of persons, or damage to
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7.
property as a result of, or arising out of, the sole negligence or �_icensor, its officers,
agents, employees, subtenants, invitees, or Licensee, in connection with the occupancy
and use of the License Area.
Notices
All written notices pursuant to this License shall be addressed as set forth below or as
either party may hereafter designate by written notice, and shall be deemed delivered
upon personal delivery, delivery by facsimile machine, or seventy-two (72) hours after
deposit in the United States Mail.
City of Santa Ana
Attention Charles View
P.O. Box 1988 M-86
Santa Ana CA 92702
Attachments
Fiesta Marketplace Partners
Attention Irving M. Chase
P.O. Box 10728
Costa Mesa CA 92627-0728
This License includes Exhibit A --Description License Area --which is attached hereto and
made a part hereof.
In witness whereof, the parties have executed this agreement the day and year first above written.
ATTEST:
�a �,ce C. Gary
Clerk of the Council
APPROVED AS TO FORM.
J/ 4ni, I
J Nelson, executive Director
Cy thima . unity Development Agency
CV:JWE_:parkh1g;License
CITY OF SANTA ANA
a municipal corporation of the
State of California
David N. Ream
City Manager
Irving M. Chase
Fiesta Marketplace Partners
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