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HomeMy WebLinkAboutENCR-LINCOLN SAVINGSENCROACHMENT AGREEMENT This Agreement, made and entered into this day of , 1986, by and between the City of Santa_Ana, a municipal corporation, herein called "LICENSOR", and Lincoln Savings, herein called "LICENSEE". W I T N E S S E T H RECITALS: I. LICENSOR is the owner of a strip of land located along the East side of Bristol Street, South of Seventeenth Street, described in Exhibit "A" attached hereto and incorporated herein by reference; and 2. LICENSEE desires the use and enjoyment of said parcel in conjunction with such use and enjoyment of his own contiguous commercial property, and for the sole purpose of encroachment of parking. No other encroachments will be allowed. WHEREFORE, in consideration of their mutual covenants and agreements hereinafter contained, and subject to the terms and conditions hereof, the parties hereto do hereby agree as follows: A. LICENSOR grants to LICENSEE a revocable license to encroach upon said parcel for the purpose herein.above described. B. LICENSEE agrees to indemnify and hold harmless LICENSOR, its officers, employees and agents, from any and all loss or damages and.from any and all _liability for all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons, however caused, during the term hereof. C. This license does not relieve LICENSEE from compliance with building and, planning code regulations as applicable to said parcel. D. The covenants herein contained shall be construed to run with the land and as such shall be binding on the parties hereto and all persons claiming under or through them, including heirs, assignees and all other successors in interest during the term hereof. E. This Agreement and the license hereby given to LICENSEE is terminable at the will of LICENSOR,. except that LICENSEE shall .receive at least 60 days advance notice prior to any such termination. F. Notices to the parties, unless otherwise requested in writing, shall be sent to the City Clerk of LICENSOR at City Mall, P.O. Box 1988, Santa Ana, California 92701, and to LICENSEE at Lincoln Savings Branch, 1631 North Bristol Street, Santa Ana, California 92706.' IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF SANTA ANA, a Municipal Corporation LICENSOR ATTEST: MAYOR DANIEL E. GRISET JANIC,E C. GUY Clerk of the Council LICENSEE APPROVED AS TO FORM: Lincoln Savings WAR O R City Att. LEGAL DESCRIPTION Beginning at a point in the North line.of Lot l as shown on that certain Licensed Surveyor's Map recorded in Book 3, page 12 of Records of Surveys of Orange County, California, said. point lying 48.00 feet easterly of the centerline of Bristol Street as shown on said map; thence Easterly 2.00 feet along said North line; thence Northerly 150.00 feet, more or less, along a line parallel with and distant Easterly 50.00 feet from said centerline of Bristol Street, to a point in a line parallel with and distant Southerly 135.00 feet from the centerline of Seventeenth Street as shown on said map, said centerline of Seventeenth Street being also the North line of Section 12, Township 5 South, Range 10 West, S.H.M.; thence Westerly 5.25 feet along last said parallel line to a point in a line parallel with and distant Easterly 44.75 feet from said centerline of Bristol Street; thence Southerly 20.00 feet along last said parallel line; thence Southeasterly in a straight line to the Point of Beginning. ExH aT A