HomeMy WebLinkAboutHUTTON CENTRE COMMON AREA ASSN 1-2004
INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXelRES
J 2. -d' -0+
CLERK OF COUNCIL
DATE: r"~ -0+ NON-EXCLUSIVE LICENSE AGREEMENT
c.: ~~ This License Agreement is entered into on /1,2004, by and between
(jJ./d.+t. the CITY OF SANTA ANA, a charter city and munici al corporation of the State of California
("City"), and the HUTTON CENTRE COMMON AREA ASSOCIATION ("Licensee").
N-2004-097
"
.
1.
ACKNOWLEDGEMENTS
a. The City owns or has an easement certain real property which consists of the public
right-of-way being the landscaped medians on Hutton Center Drive (the "License Area"). The
parties agree and acknowledge that the License Area includes all real property belonging to the City
as described in greater detail in Exhibit A hereto.
b. Licensee desires to maintain the landscape median and to have the right to maintain
and repair the sign, which it shall construct front and rear as depicted in Exhibit A, so long as the
City shall retain it therein.
2.
GRANT OF LICENSE
a. City grants to Licensee a personal, non-exclusive, revocable personal right and
license ("License") to Licensee to enter upon the License Area as hereinabove described and
shown in general in Exhibit A, attached hereto and incorporated herein by reference, for the
purpose of maintaining the landscaped medians and repairing, maintaining and ensuring the
continued operation of the sign located in the License Area. Nothing contained herein is intended,
nor shall it be interpreted as, a commitment or pledge by the City to retain the sign currently located
in the License Area.
b. Licensee may not encroach upon the License Area for any other purpose or
business than those specified in paragraph 2.a., above, other than pedestrian purposes already
available to members ofthe general public, without obtaining the prior written consent of the
City's Executive Director of the Public Works Agency.
c. City will not be held responsible for loss of, or damage to, any improvements
made by Licensee in the License Area.
d. This License in no way abrogates the right of City to enforce its abatement of
public nuisance provisions.
e. This License is made subject and subordinate to the prior and continuing right of
City to use the public right-of-way, including without limitation, (i) the right to remove said sign
for cause after the City provides 30 days notice to the Licensee; and (ii) the right to undertake its
own maintenance and graffiti removal in the exercise of its sole and exclusive judgment. No
action of the City shall relieve Licensee of its duties under this License.
Page 1 of 5
3.
DUTIES OF LICENSEE
a. In exercising these rights, Licensee must use reasonable care and may not
unreasonably increase the burden on the License Area. Licensee agrees that any use it makes of
the License Area as specified herein shall be effected with all reasonable diligence and
precaution to avoid damage to the land, property or personnel ofthe City.
b. Licensee agrees to conform to any requirements set forth by the City during the
course of this License.
c. Licensee agrees to not install or make any improvements to the License Area
without the written approval of the City. Licensee agrees to pay all the costs ofthe installation,
operation, maintenance, repair and removal of any improvements in the License Area.
d. Licensee will maintain the License Area in a neat, clean, sanitary and safe
condition, to the satisfaction of City.
e. Licensee shall not record, hypothecate, assign or attempt to record, hypothecate or
assign this personal License. Any attempt by Licensee to record, hypothecate or assign this
License shall automatically terminate this License Agreement and render this License void and
invalid for all purpose.
4.
REVOCATION
City may revoke this License for cause, upon thirty days notice in writing to the
Licensee.
5.
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:
Clerk Of The Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702
Page 2 of 5
With courtesy copies to:
Executive Director ofthe Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
and,
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
TO LICENSEE:
HUTTON CENTRE COMMON AREA ASSOCIATION
c/o CB Richard Ellis
Attn: Richard Minkin
4 Hutton Centre Drive
Santa Ana, CA 92707
6.
TERMINATION OF OCCUPANCY
a. Licensee accepts the License Area in an "as is" condition and upon termination or
revocation ofthis License, Licensee shall, at its own cost and expense, remove any
improvements installed by Licensee and surrender possession of the License Area 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 this License, to the satisfaction of City.
b. In the event Licensee fails, neglects or refuses to remove said improvements and
restore the Easement Area, such removal and restorations may be performed by City, at the
expense of Licensee, which expense Licensee agrees to pay to City upon demand.
7.
INSURANCE
a. Licensee shall maintain commercial general liability insurance, or equivalent
form, with a combined single limit of not less than $1,000,000 per occurrence covering the
License Area. Such insurance shall: (1) name the City of Santa Ana, its officers, agents,
employees and volunteers as additional insureds; (2) be primary with respect to insurance or self-
insurance programs maintained by the City, and (3) contain standard separation of insureds
provIsIons.
Page 3 of 5
b. Licensee shall, prior to and as a condition of exercising any rights under this
License Agreement, (i) furnish properly executed certificates of insurance to the City prior to
exercising its rights under this License, which certificates shall clearly evidence all coverages
required above and provide that such insurance shall not be materially changed or terminated
except on 30 days prior written notice to the City (ii) attach a completed and signed copy ofthe
City's "Additional Insured Endorsement" form, a copy of which is attached hereto as Exhibit B,
to the certificates of insurance noted above; (iii) maintain such insurance from the time the
project first commences until completion ofthe project under this License; and (iv) replace such
certificates for policies expiring prior to the termination of this License.
8.
INDEMNITY
Licensee shall indemnify, defend and save harmless City, its officers, agents, employees
and volunteers from and against any and all loss or damage, expenses, injuries, death to any person
or damage to property, including property and employees, volunteers, officers or agents of City or
Licensee, and shall indemnify, defend and save harmless City, its officers, agents, employees and
volunteers 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 judgment, arising
out of the construction, reconstruction, maintenance, presence, operation, use, removal or state of
repair, of the License Area.
9.
GOVERNING LAW
This License shall be governed by and construed in accordance with the laws of the State of
California.
to.
ENTIRE AGREEMENT
This License supersedes any and all other agreements either oral or in writing between
the parties hereto with respect to the terms set forth in this License and contains all the covenants
and agreements between the parties with respect thereto. Each party to this License
acknowledges that no representation, inducements, promises or agreements, orally or otherwise,
have been made by any party, or anyone acting on behalf of any party, with respect to such
services, which are not embodied herein, and that no amendment hereto shall be effective unless
set forth in writing, approved by the City and Licensee.
11.
BINDING EFFECT
The covenants contained herein shall be construed to run with the land, and as such, this
License shall inure to the benefit of and be binding upon the successors, representatives and
Page 4 of 5
assigns of the parties hereto; provided however, no assignment hereofby Licensee shall be
binding upon City without the prior written consent of City in each instance, and at the option of
City, this License shall be forfeited by any such voluntary assignment or by any assignment
thereof by operation oflaw.
12.
INDEPENDENT CONTRACTOR
It is understood and agreed that Licensee, in the performance of this License, will be
acting in a wholly independent capacity and not as agents, employees, partners, or joint ventures
of the City. This License does not create a tenancy of any nature whatsoever between the City
and Licensee.
The parties have executed this personal, non-exclusive, revocable License Agreement as of
the date and year first written above.
ATTEST:
CITY OF SANTA ANA
~~~
City Manager
Patricia E. Healy
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
~¡;:~
Kylee O. tto
Deputy ty Attorney
LICENSEE
HUTTON CENTRE COMMON AREA
ASSOICA TION
BY: r;{ flv--e-
Print ame r<,c..h,4.¡(O HJI1J-'J:r.
Print Title: A,-e"'t.p.~ Asnc/4~' ¡J~
Page 5 of 5
Exhibit A
L I CENõ£
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PRODUCeR ,'. . . THIS CERTIACATE IS ISSUED M A MATTER OF INFORMAi1oN ONLY AND CONFERS
NO RIGHTS UPON THE CER"T1RCATE HOlDEft THIS CER11F1CATE DOES NOr AMEND.
EXTEND OR AlTER THE COVERAGE AFFORDED BYTHE POlICIES BaOW
ADn Risk Services, Inc.. ct SauIhem California
707 Wilshire Boulevard, Suite 6000
Los Angeles. eanramla 90017
(213) 830-3200
COMPANIES AFFORDING COVERAGE
CODE
INSURED
CB Richard EDIa Inc.
4400 MacArthur Blvd. Suite 720
Newport Beach, CA 92660
SUB-COOE
CCII8WW
I£TTU
Ct:1I/IPNlY
LETTER
CCMP.WI
L!TT!R
COIoI'ANV
Ll!TnR
CCUPANV
L2TT1R
A ZuJlch AmeJlcan Insurance Co
B
C
D
E
THIS IS TO CERTIFY THAT POlICIES OF INSURANCE LISTED BB..OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHCH THIS
CERTIFICATE MAY BE I SSUEO OR MAY PERTAIN. T HE I NSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
co POIJCY EI'1'ECINE POI.ICY EJlPIRI\11ON
LTR TYPE OF INSURANCE POUCV NUMBER DATE (M1Ml1Im DATE lIUITS
A GENERAL LlABIUTY GL09297434-03 12/3112003 12/3112004 GENIIW.AGGII£G4TE
I!lI COI88IICIN.G~UQIUT\' ~-MGo\ta
0 CLAlM8IoW1E ~'WQ I'ERIONIoL '-TIIING INJURY
0 OWNIII.II CCNTRACI'0RI1W7IEC11\Ia I!ACH OCCUIUWICI!
0
0
AUTOMOB.E LIABILITY
DAH'fAUTO
0 ALLOw.D AIITOII
0 SCHEDWD 4IITOS
0 HMD AU1'OS
0 _I!D AUTOS
0 GARAGI! LlAllLlTY
:J
2.000,000
1,000,000
TRIA Included
FINE DAIIAGI (,ANY 0I.-1'1RI1
MEDICAL - (,ANY OI'ef'l!llSOlti)
$
S
S
$
S
$
1.000,000
1,000,000
1,000,000
5,000
CIL
IODILY WJUR'I'
(P£R PERSON)
8COILY II\LIIR'I'
(PIR ACCIDI!NT)
~rv
DANAGE)
c
EXCESS LlABIUTY
~ ~fOIIlI
0 -1*N IØ8IIEUA FOIIM
79770816
12/3112003
12/3112004
EAQo
OCCURRENCE
AGGÆGATE
TRIA Induded
25,000,000
25,000,000
WORIŒRS' COIHNSATJON
MD
EMPLOYERS'LlA81.1TY
OTHER
CI!ACH ACCa!NI
l1li- POIJCYIJMIT)
Ø)II8AII I!ACH
DESCRIPTION OF OPERATIONSlLOCA11ONSlYEHICLESIRES11UCTI0NSISPECIAL rTEM8
A8: HutIIon Cenlnt Co/nmorI Ar88
The City of Santa AnI. ill otricltl, empr~, agents, voIunt88ra and r8 lr8l8tlt8f/ye ... ødded 81 Additional InauredI under the general "abllly per ¡mils Inclullive end not
8XCMd1ng U l8qufl8d by IoWitt8n contract.
The CIty of Santa Ana
2D CIvic Center PIaII
88nta Ana. CA 12701
SHOULD IWV OF THE ABOVE DesCRIBED POLICIES BE CANŒlLED BEFtJRE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPÞH'fWILL ENDEAVOR TO MU.
-.JIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE sHALi. IMPOSE NO OBLlCMT/ON OR LIABILITY
Of' MY.... --tHE -."""'" OR ~
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POLICY NUMBER: GLOI2I70W3
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED. OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modiflØS insurance provided under the foDowfng:
COMMERCIAL GENERAL LlABIUTY COVERAGE PART
Name of Person or Org8f1lzatlon:
:ElndCommon AreBl683541949
The City of Santa Ana. ita officers. employees, agents, voIunf8ers and representatives
Re: Hutton Centre Common Area
(If no entry appu1'8 above. Information Nquil'8d to complete this endorsement will be shown In
the Declarations.. applicable to thIs endol"Hll18nt.)
WHO IS AN INSURED (Section U) is amended to Include as an 'nsuM the person or organlzaUon
shown In t h~ Schedule. but 0 nly w Ith r...ct to I lability arising out of -YOl,lr work" for that
Insured by or for )IOu.
7mJ2004
Date
CarrIer:
Named Insured:
Policy No.:
PoIlcyTenn:
ZUriCh American Insurance Co
CB Richard Ellis Ino.
GL09297434-D3
12/31/20031D 12/31/2004
1fh7;Z/3
CG 20 10 11 as
Copyrtght, Insurance SeMc:e1 Oftlœ, Inc., 1984
TnTOI p en
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JUL-29-20Ø4 09:57
Aon Risk Services
EXHIBIT B
ADDmONAL'INs'uRED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
-z.. u 12. tc H
IrJt1 f!Il-l C MJ
/NSfltAtVC~ {O¡t1!ANr
This endorsement modifies such insurance as is afforded by the provisions of Policy
11 rii-D Cf~ ~lf-03 relating to the following;
1. The City of Santa Ana, 20 Civic Center Plaza. Santa Ana. California 92701; its
officersJ employees. agents. volunteers .and representatives are named as additional insureds
("additional insuredsH) with rcgani to liability and defense of suits arising from the operations
and uses perfonned by or on behalf of the named insured. . .
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such ÌDBUlãI1ce as is afforded by this policy IS primary and is not
additional to or contributing with any other insurance camed by Dr for the benefit of the
additional insureds,
3. This insurance appli~ sep&r.ltely to each insured against whom claim is made or
suit is brought except with respect to the company's limits ofliabiüty. The inclusion of any
person or organization as an insured shaH not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds. this insur.mce shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa ~ 20 Civic Center Plaza. Santa Ana, California 9270l.
5"". 10 Olr'f 1VdT7c.E:" of C~a..t.A7ìøyV All. N(JIJ plrr"9vT o~ PI.~/VI'Vl
(Completion oftbe followin& including countersign~ is required to make this endorsement
effective.)
COW1tersigned by
",
3/3
TOTAL P. 02
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a.;u"iiiVleala Grû'Up
A Corporation
~
Berm Monument Sign Layout
March 291 2004
FRONT VIEW
~ 3 Hutton Centre
~ 4 Hutton Centre
Griffin Towers l'
200 & 2011'
Sondpointe
Doubletree l'
Club Hotel
TOP VIEW
Design #5
This monument sign measures 24 inches tall by 72 inches wide and 12 inches thick with beveled edges on left & right
sides, The canister will be painted black with white vinyl letters and arrows mounted on front.
Letters will be 2-1/2 inches tall and arrows will be 2-3/4 inches tall. Lettering will be on one (1) side only,
Specifications:
Overall Approx. Height (in) 24 inches
Overall Approx. Length (in) 72 inches
Thickness (in) 12 inches
Weight < 1 Ib 1-51bs 5-251bs Approx. 70 Ibs
Material plex MDO wood cQ[uminu]p
Finish matte~
Adheres with 2-sided tape siliconeC59rdwa~
Installed by <:!1QÇuMedia GrQQp> Client
Electrified CõQ) Int. Illuminated Ext Illuminated
Your Representative is
Rick Batt
pager (949) 729-5948
office (71 4) 565-001 4
fax (714) 965-1749
documedia 1 @aol.com
PROOF ALL COPY. Please confirm all artwork, specifications,
pricing, 1ypesetting and positioning. With your signature,
you are responsible for all errors and/or omissions made
in the final product.
D Approved as is.
0 Approved with changes. Proceed with fabrication.
0 Make changes and submit a new proof to me.
Signature
Date