HomeMy WebLinkAboutORANGE, COUNTY OF (21) - 2012[� N-2012-024
AR � j alb GA1254-135
2 HCA/Administration
3 420 N. Main Street
4 Santa Ana, CA 92701
5
6 FIRST AMENDMENT TO LICENSE
7
8 This First Amendment to License ("First Amendment") is made __ _ 12012, by
9 and between the CITY OF SANTA ANA, a charter city and municipal corporation (hereinafter referred
10 to as "LICENSOR") and the COUNTY OF ORANGE, a political subdivision of the State of California,
11 (hereinafter referred to as "COUNTY") without regard to number and gender. The term "COUNTY"
t2 shall mean the Board of Supervisors of the political body that executed this agreement or its authorized
13 representative.
14 RECITALS
15
16 I. COUNTY entered into that certain. License Agreement dated April 28, 1998, ("License") wherein
17 COUNTY licensed from LICENSOR parking space located at 420 N. Main Street, Santa Ana,
18 California, as set forth therein ("License Area"). COUNTY uses the parking spaces for its
19 administrative purposes.
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21 11. LICENSOR and COUNTY desire to amend the License to reduce the total number of parking
22 spaces as set forth herein.
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24 III. LICENSOR and COUNTY desire to reduce the amount of the Use Fee as set forth herein.
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26 IV. LICENSOR and COUNTY desire to amend the Notice clause as set forth herein.
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28 NOW, THEREFORE, LICENSOR and COUNTY hereby agree that effective on the date first written
29 above, the License is amended as follows:
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31 A. Clause 1 [LICENSE AREA (PML 5.1 N)] is deleted from the License in its entirety and the
32 following clause is substituted:
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34 "1. LICENSE AREA (PML 5.1 N)
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36 LICENSOR grants COUNTY the right to park forty (40) vehicles at the 420 N. Main Street, Santa
37 Ana parking garage (hereinafter known as the "License Area"), as shown on Exhibit A attached
hereto and made a part hereof."
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B. Clause 4 [USE FEE (PML 6.1 S)] is deleted from the License in its entirety and the
following clause is substituted:
"4. USE FEE (PML 6.1 S)
COUNTY agrees to pay LICENSOR as rent for the right to park said vehicles in the License Area the
sum of One Thousand Six Hundred Dollars ($1,600.00) per month.
To obtain Use Fee payments LICENSOR (or LICENSOR's designee) shall submit to COUNTY's
Manager, HCA/Facilities Operations, in a form acceptable to said Manager, HCA/Facilities
Operations, a written claim for said Use Fee payments.
Payment shall be due and payable within twenty (20) days after the later of the following:
A. The first day of the month following the month earned; or
B. Receipt of LESSOR's written claim by COUNTY's Manager, HCA/Facilities Operations."
C. Clause 7 [NOTICES (9.1 S)] is deleted from the License in its entirety and the
following clause is substituted:
"7. NOTICES (9.1 S)
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.
TO: LICENSOR
City of "Santa Ana
Attn: City Manager
P.O. Box 1988
Santa Ana, CA 92701
TO: COUNTY
County of Orange
Health Care Agency
405 W. 51h Street, Suite 203
Santa Ana, CA 92701
Attn: Manager"
D. Except as amended herein, the terms of the License remain in full force and effect.
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IN WITNESS WHEREOF, the parties have executed this First Amendment License the day
and year first above written.
APPROVED AS TO FORM:
OFFICE OF THE COUNTY COUNSEL
By: o
eputy County Counsel
Date: \1-2,'Z �`7
ATTEST:
Maria D. Huizar
Clerk of the Council
EA
FOR
OC Pu ids ylbiksiCorporate Real Estate
Ronal. Inouye, Real Property Agent III
Date: 1 A
LICENSOR
CITY OF S TA ANA, a municipal corporation.
By:
Paul M. Walters
Interim City Manager:
Date: Z2u— L_._,_
APPROVED AS TO FORM:
Joseph Straka, Interim City Attorney
By 6'GIc
Lisa E. Storck
Assistant City Attorney
COUNTY OF ORANGE
Jess A. Car ajal
Director/OC Public Works/OC Facilities and Real
Estate Per Minute Order dated May 4, 2010 and
Ordinance No. 10-010.
Dated: 3. 1--) - 2AP t 2-,
3
SANTA ANA BOULEVARD
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#1 = License Area (Parking Garage)
GA 1254-135
HCA/Administration
420 N. Main Street, Santa Ana
Design: DMG
Countyof
EXHIBIT A
n..a__ 1-28-98
i GA 1254-135
2 HCA/Administration
3 LICENSE
4
5 THIS LICENSE IS MADE > �ti.� , 199 , , by and between COUNTY OF
6 ORANGE, hereinafter referred to as "COUNTY," and the CITY OF SANTA ANA, a municipal
7 corporation, hereinafter referred to as "LICENSOR," without regard to number and gender.
8
9 1. LICENSE AREA (PML5.1 N)
10
i i LICENSOR grants COUNTY the right to park fifty-five (55) vehicles at 420 N. Main Street, Santa Ana
12 parking garage, hereinafter known as the "License Area", and shown on Exhibit A attached hereto and
13 made a part hereof.
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15 2• TERM (PML3.1 S)
16
17 This License shall become effective upon the date first written above. Said License shall continue in
18 effect until terminated as provided in Clause 3 (TERMINATION) of this License.
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20 3. TERMINATION (PML 3.2 S)
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22 This License shall be revocable by either COUNTY or LICENSOR at any time; however, as a courtesy to
23 LICENSOR, COUNTY's Manager, HCA/Management Services Operations will attempt to give 30 days
24 written notice to LICENSOR upon revocation.
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26 4. USE FEE (PML 6.1 S)
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28 COUNTY agrees to pay LICENSOR as rent for the right to park said vehicles the sum of Two Thousand
29 Two Hundred Dollars ($2,200) per month.
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31 To obtain rent payments LICENSOR (or LICENSOR's designee) shall submit to COUNTY's Health
32 Care Agency (hereinafter referred to as "HCA") Management Services -Operations, in a form acceptable
33 to said HCA/Management Services -Operations, a written claim for said rent payments.
34
35 Payment shall be due and payable within 20 days after the later of the following:
36 A. The first day of the month following the month earned; or
37 B. Receipt of LICENSOR's written claim by COUNTY'S HCAIManagement Services -Operations.
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Should COUNTY occupy the License Area before the first day of the effective date of this License,
LICENSOR shall be entitled to pro rata rent for the period of occupancy and the amount of space
occupied prior to the beginning of the license term based upon the monthly installment above. Said rent
shall be included in the rent claim submitted by LICENSOR for the first full month of the license term
and shall be paid by COUNTY at the time of payment for said month.
5. INDEMi IIFICATION (5.5 S)
COUNTY shall indemnify and save harmless LICENSOR, its officers, agents, and employees, from and
against any and all claims, demands, losses, or liabilities of any kind or nature which LICENSOR, it
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 COUNTY,
its officers, agents, employees, subtenants, invitees, or licensees, in connection with the occupancy and
use of the License Area by COUNTY.
Likewise LICENSOR shall indemnify and save harmless COUNTY, its officers, agents, and employees
from and against any and all claims, demands, losses, or liabilities of any kind or nature which
COUNTY, 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 LICENSOR, its officers, agents, employees, invitees, or licenses, in connection with the
ownership, maintenance, or use of the License Area.
16. TAXES AND ASSESSMENTS (5.6 S)
All taxes and assessments which become due and payable upon the Premises shall be the full
responsibility of LICENSOR, and LICENSOR shall cause said taxes and assessments to be paid prior to
the due date. Should LICENSOR fail to pay taxes and assessments due upon the License Area,
COUNTY may pay such amount due and deduct the cost thereof, including overhead, from the rent
thereafter payable.
17. NOTICES (9.1 S)
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 72 hours after deposit in the United States Mail.
H
%WZWOOtAWMSWXA(,ES' NM'SC%SAHCPARIM-DG_DOC P. 2 0327M 1?O
3FM4
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TO: LICENS OR
TO: COUNTY
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City of Santa Ana
County of Orange Health Care Agency/
4
Attn: City Manager
Management Services -Operations
5
P.O. Box 1988
515 North Sycamore Street
6
Santa Ana, CA 92701
Santa Ana, CA 92701
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9.
ATTACHMENTS (9.2 S)
9
1 o
This License includes Exhibit A — License Area — which is attached hereto and made a part hereof.
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iWZWOOMWMSIREA[-EMVALSCW.HCPARXXX-DO.DW P. 3 03MM 1:33 PM
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IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above
written.
APPROVED AS TO FORM
Laurence M. Watson, County Counsel
Health Care Agency
�, _ /•�r
`Real Z perty AgeAt- '
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF
THE BOARD.
DARLENE J. BLCJM
Clerk of the Board of Supervisors
of Orange County, California
LICENSOR
By:
Charles View, Downtown Development Manager
By:
Cynthia J. Nelson, Executive Director
Community Development Agency
COUNTY
OUNTY OF ORANGE
C� Ufa w •
By:
Chairman, Board of Supervisors
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\=W00[y1 ARLOOC-[X'iMOC P.4 02n9M 3:45PM
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FOURTH STREET
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El
m Elw F-I'D ED 11
SECOND STREET
❑ 1:1 El 1:1 1:1
#1 = License Area (Parking Garage)
GA 1254-135
HCA/Administration
420 N. Main Street, Santa Ana
EXHIBIT A
Design: DMG