HomeMy WebLinkAboutHOME FEDERAL SAVINGS AND LOANKMD: mb
2/02/82
LICENSE AGREEMENT WITH HOME FEDERAL SAVINGS
THIS LICENSE AGREEMENT, made this 1st day of
February , 1982, by and between the City of
Santa Ana, a municipal corporation of the State of California,
herein termed "City", and Home Federal Savings and Loan
Association of San Diego, a corporation of the State of
California, 701 Broadway, San Diego, California 92101,
herein termed "Grantee",
W I T N E S S E T H
In consideration of the respective and mutual
covenants hereinafter contained and made, and subject to all
the terms and condition:, hereof, the parties hereto agree as
follows:
1. City hereby licenses Grantee, subject to the
reservations, covenants and conditions herein contained, to
construct, reconstruct, maintain and operate a private
telephone and data process line contained in a 4 inch conduit,
hereinafter termed "structure", beneath the street right-of-
way of City in Main and 17th Streets in Santa Ana, beginning
at the east right-of-way line of main Street at a point 225
feet north of the 17th Street centerline, thence west across
Main Street to a pullbox, thence south 33 feet west of the
Main Street centerline to a bend, thence west 40 feet north
of the 17th Street centerline to a pullbox 168 feet west of
the Main Street centerline, thence south to the south right-
of-way line of 17th Street, as shown on Construction Plans
for Private Telephone Line, 17th and Main Streets, File No.
1-93-15, on file in the Department of Public Works of the
City of Santa Ana. Said structure shall be installed in
accordance with the specifications and notes shown on the
said Construction Plans.
2. This license is made subject and subordinate to
the prior and continuing right and obligation of City to use
the streets described herein in the performance of its duty
as a municipal corporation, and for that purpose there is
reserved unto City the right (consistent with the rights
herein stated) to construct., reconstruct, maintain and use
existing and future streets, water and other utilities,
sanitary sewer and storm drains, communication and pipeline
facilities and appurtenance in, upon, over, under, along and
across said streets.
3. This license is made subject to all licenses,
leases, easements, restrictions, conditions, covenants,
encumbrances, liens and claims of title which may affect
said street.
4. The Grantee shall provide a permit: bond for
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pavement replacement in the amount of the contract cost.
5. The Grantee shall pay legal, engineering and
inspection fees incurred by City in connection with plan
checking, construction, operation and maintenance of the
structure pursuant to this License Agreement.
&. The rights herein provided to Grantee shall
lapse and become void if the construction of said structure
upon said streets is not commenced within one (1) year from
the date of this License Agreement.
7. Grantee shall bear the entire cost and expense
of constructing, reconstructing, operating and maintaining
said structure under said streets, as well as the entire
cost and expense of excavating and reconstructing said
street. Grantee agrees that all work upon or in connnection
with said structure shall be done at such times and in such
manner as allowed under a street work permit obtained from
City. Project markers in form and size satisfactory to the
City identifying the facility and its owner shall be installed
and constantly maintained by and at the expense of Grantee
at street curb lines or such locations as City shall approve.
Such markers shall be relocated or removed upon request of
City without expense. to City. Absence of markers does not
constitute a warranty by City that subsurface installations
do not exist and City does not assume any responsibility for
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protection of Grantee's equipment.
8. In the event City shall at any time so require,
Grantee, at Grantee's expense, shall reconstruct or alter
said structure or make changes in the location thereof upon
receipt of written notice from City to do so.
9. Grantee, its agents and employees shall have
the privilege of entry on said street for the purpose of
constructing, reconstructing, maintaining and making necessary
repairs to said structure. Grantee agrees to keep said
street and said structure in good and safe condition, free
from hazards and obstructions, so far as affected by Grantee's
operations, to the satisfaction of City. If Grantee fails
to keep said street and said structure in good and safe
condition, free from hazards and obstructions, then City may
perform the necessary work at the expense of Grantee, which
expense Grantee agrees to pay to City upon demand.
10. Grantee shall assume all risk of damage to
said structure and appurtenances and to any other property
of Grantee or any property under the control or custody of
Grantee while upon or near the right of way of City incident
to the construction or maintenance of said structure caused
by or contributed to in any way by the construction, operation,
maintenance or presence on City's street or any utilities or
pipelines upon or under said street at the above mentioned
location.
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11. Grantee shall obtain and maintain, at its
sole cost, and file with City's Clerk of the Council, prior
to exercising any rJ.ght or performing any obligation pursuant
to this Agreement, a policy or policies of comprehensive
liability insurance, satisfactory to the City Attorney of
City, naming City, its officers, agents and employees, as
insureds or additional named insureds. Said insurance shall
provide coverage against liability for any and all claims
and suits for damages or injuries to persons or property
arising out of the construction, reconstruction, operation,
maintenance, use, presence and removal of the structure.
Said policy or policies: of insurance shall provide coverage
for both bodily injury and property damage in not less than
the following minimum amounts: Five Hundred Thousand Dollars
($500,000.00) combined single limit, or equivalent. Said
policy or policies shall also contain a provision that no
termination, cancellation or change of coverage or of insureds
or additional insureds shall be effective until after thirty
(30) days notice thereof has been given in writing to City.
Said policy or policies shall further provide primary coverage
on behalf of the City, its officers, agents and employees to
the full limits of liability.
12. Grantee shall indemnify and save harmless
City, its officers, agents and employees, from and against
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any and all damages to property or injuries to or death of
persons, including property and employees or agents of City,
and shall defend, indemnify and save harmless City, its
officers, agents, employees, successors and assigns, from
all claims, demands, suits, actions or proceedings of any
kind, and all costs and expenses, including but not limited
to reasonable attorneys' fees, settlements or judgments, for
loss of or damage to property and for injuries to or deaths
of persons, including property and employees or agents of
City, arising out of the construction, reconstruction,
maintenance, presence, operation, use or removal of said
structure, regardless of any negligence or alleged negligence
on the part of City, its officers, agents and employees
arising out of the construction, maintenance, presence,
operation, use or removal of said structure.
Grantee shall further defend, indemnify, and save
harmless City, its officers, agents and employees, from and
against all claims, demands, suits, actions or proceedings
resulting from or arising out of the negligent, intentional
or malicious acts or omissions of Grantee, its employees,
contractors or subcontractors.
The word "City" as used in this section 12 shall
be construed to include, in addition to City, the successors,
assigns and affiliated agencies and any other agency that
may be lawfully operating upon and under the street crossing
said structure and the officers and employees thereof.
13. Should Grantee, its successors or assigns, at
any time abandon the use of said structure or any part
thereof or fail at any time to use the same for the purpose
contemplated herein for a continuous period of one (1) year,
the right hereby given shall cease to the extent of the use
so abandoned or discontinued, and City shall at once have
the right, in addition to, but not in qualification of the
rights hE:reinabove reserved, to resume exclusive possession
of said property or the part thereof the use of which is so
discontinued or abandoned.
14. Upon termination of the rights and privileges
hereby provided Grantee, at its own cost and expense, agrees
to remove said structure from said streets and restore said
street as nearly as practicable to the same state and condition
in which it existed prior to the construction of said structure.
Should Grantee in such event fail, neglect or refuse to
remove said structure and restore said property, such removal
and restoration may be performed by City, at the expense of
Grantee, which expense Grantee agrees to pay to City upon
demand.
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15. This agreement shall inure to the benefit of
and be binding upon the successors and assigns of the parties
hereto.
IN WITNESS WHEREOF, the parties hereto have caused
these presents to be executed in duplicate the day and year
first herein written.
ATTEST:
NICE C. GUY
lerk of the Countile"
APPROVED AS TO FORM:
EDWARD J. VOPt�-�JA
City Attorney
CITY OF SANTA ANP.,,
BY: 120
GORDON BRI N
Mayor
HOME FEDERAL SAVI