HomeMy WebLinkAboutLIMITED PARTNERSHIP 1
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N-2004-122
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s¡;[ CLtRK OF COUNCiL
DATE~ {o- J/-D~
LICENSE AND RIGHT OF ENTRY
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(1.8:bt'tJ4 THIS LICENSE AND RIGHT OF ENTRY is granted by Industrial Enterprises, a California
I ,d0Limited Partnership, the owner(s) ofthe property located at 3121 Oak Street and 3126 South Kilson
Drive, Santa Ana, California (hereinafter "Owner"), to the City of Santa Ana, a charter city and
municipal corporation organized and existing under the Constitution and laws of the State of
California (hereinafter "City").
RECITALS
A.
Owner is the legal owner of the property located at 3121 Oak Street & 3126 South
Kilson Drive, Santa Ana CA 92707 (Parcel 411-031-08) (hereinafter referred to as
the "Property") in the City of Santa Ana.
B.
City desires to enter on the Property to conduct soils tests the scope and intent of
such tests is specified on Exhibit A.
NOW THEREFORE, the parties hereto agree as follows:
1. Owner hereby grants to the City, its employees, agents, consultants, contractors and
representatives ("Representatives"), a non-exclusive license to enter the Property solely for the
purpose of conducting the tests specified on Exhibit A, including the following activities:
1.
11.
111.
determine and mark boring locations;
have boring locations cleared by Underground Service Alert;
bring a drill rig on to the property to advance the borings and
collect samples of the soil and groundwater; and
have a surveyor record the actual locations of the borings upon
completion.
IV.
2.
No license to enter existing buildings is conveyed by this instrument.
3. City shall indemnify and hold harmless Owner from any liability, arising directly out of the
City's or the City's Representatives' exercise of this License and Right of Entry. City further
agrees to repair any damage to the Property directly caused by the exercise of this License or the
activities and tests performed at the Property, and to restore the Property as nearly as practicable to
the state in which it existed prior to the use of the Property by the City.
4. This License to Enter shall expire upon completion of said soils testing work, and in any
event, no later than thirty days following City's notification of the need for access under this
License to Enter, unless extended by written agreement between the undersigned and the City.
5. The undersigned certifies it is the legal owner of the Property and warrants it has binding
authority to grant this License.
6. The City and its Representatives shall comply with generally accepted safety procedures and
all other safety procedures which may from time to time be communicated to the City or its
Representatives
7. City understands and agrees that it will be necessary for Owner to obtain the consent of
tenants prior to access, and that access to some areas may require a significant effort in moving
vehicles and equipment to allow access. City agrees to cooperate with Owner and its tenants to
minimize any impact on tenant's businesses or activities at the Property.
The City or its Representatives shall provide Owner with at least ten day's advance notice of all
requirements for access. Owner has the right to observe, or to have others observe, all activities of
the City and its Representatives during the course of access. Owner shall also have the right, upon
request, to obtain split samples from the City or its Representatives at Owner's expense.
8. City shall supply Owner with complete copies of all analytical results and related laboratory
and field data and procedures utilized or created as a result of the samples taken from the Property
and shall also provide Owner with copies ofthe final report submitted to Caltrans and the Federal
Highway Administration.
9. City or its Representative shall remove all hazardous and other wastes resulting from testing
on the Property and the areas in which the work is being performed, as quickly as possible upon
completion of each access and sampling event, but in no event shall wastes remain on the Property
beyond time frames set by applicable law. City or its Representatives shall be responsible for
compliance with all regulatory and other legal requirements associated in any way with any wastes
resulting from testing performed during access, sampling or other on site activities performed by
City or its representative, including any worker safety, or other notification requirements. City and
its Representative shall be solely responsible for proper management, handling, transportation,
disposal and documentation associated with any type of wastes which result from testing or access.
10. All notices, demands or requests provided for or permitted to be given pursuant to this
agreement must be in writing, hand delivered or sent by (a) registered or certified mail, postage pre-
paid, return receipt requested, (b) a recognized courier service, or (c) facsimile. Any written
communication given by mail shall be deemed delivered five (5) business days after such mailing
date, any written communication given by overnight delivery service or facsimile shall be deemed
delivered one (1) business day after the dispatch date in the case of overnight mail, or at 5:00 p.m.
on the next business day following proof of receipt at the number given for facsimile notices, if by
facsimile. Notices shall be addressed to the Parties with their addresses set forth below or such
other address as they may theretofore specify by like notice:
To Owner:
Industrial Enterprises
Ms. Camie Booker
P.O. Box 2136
Huntington Beach, California 92647-0136
TEL: 714.848.8582
FAX: 714.847.2877
E-Mail (forreferenceonly)camie@socal.rr.com
With a copy to:
Diane R. Smith
Smith & Rendon LLP
2222 Martin, Suite 255
Irvine, California 92612
TEL: 949474.2231
FAX: 949.260-0940
E-Mail (forreferenceonly)drsmith@smithrendon.com
To City:
Public Work Agency
City of Santa Ana
20 Civic Center Plaza (M-93)
Santa Ana, Calfiornia 92702
Teletacsimile (714) 647-5823
Attn: Manual Gomez
~ITNESS WHEREOF, Owner has executed this License and Right of Entry this 2'/ day of
, ~ ,2004.
INDUSTRIAL ENTERPRISES
~'~
CAMIE BOOKER
General Partner
Terms and conditions are accepted by the City of Santa Ana
ATTEST
CITY OF SANTA ANA
~??
City Manager
PATRICIA E. HEALY
City Clerk
APPROVED AS TO FORM:
i / '
1~ ,; :£
JOs~;~L~\LE~~~f
City Attorney
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE)
On Stp\-. "ê:h ' 2004, before me, ~I..>'I>\<: S""""",-v-..- ,
personally appeared' W\\-ë. ~~'<"" , the ~ ,
per3öually known 10 mè (or proved to me on the basis of satisfactory evidence) to be the
person(gj whose name(s') (is) (afe) subscribed to the within instrument and acknowledged
to me that (þe} (she) (théý) executed the same in (~) (her) (tReif) authorized
capacity(~), and that by (~) (her) (thOO'j signature~on the instrument the person~ or
the entity upon behalf of which the person~ acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
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