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HomeMy WebLinkAboutPAR ELECTRICAL CONTRACTORSIfVSURANCE N07 ON FILE WORK MAY NOT PROCEED N-2012-os7 CLERK OF COUNCIL DATE: AUG 1 0 2012 0 _ 'PW/.? ? p??0,1(1 NON-EXCLUSNE LICENSE AGREEMENT Mindy ?y THIS LICENSE AGREEMENT ("Agreement') is made and entered into on g- / - /.2 by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constihrtion and laws of the State of Califomia (the "LICENSOR°) and PAR Electrical Contractors, ("LICENSEES with respect to the following: 1. ACKNOWLEDGEMENTS A_ LICENSOR owns the vacant lot identified as APN#004-123-52, located on the northwest comer of Bristol Street and Civic Center Drive, Santa Ana, Califomia_ LICENSOR desires to license use of said License Area to LICENSEE- B. LICENSEE represents that it desires to utilize the License Area for construction staging for the installation of new power poles along Bristol Street on behalf of Southern Califomia Edison_ 2. GRANT OF LICENSE a_ LICENSOR grants to LICENSEE a personal, non-exclusive, revocable license ("License°) to encroach upon the License Area as hereinabove described and shown in general in Exhibit "A°, attached hereto and incorporated by this reference, for its use as a storage area for construction material and equipment. b_ LICENSEE may not encroach upon the License Area for any other purpose or business without obtaining LICENSOR's prior written consent. c. LICENSOR shall not be responsible for loss of or damage to, any personal property left on the License Area, or improvement made by LICENSEE in the License Area_ d. This License is made subject and subordinate to the prior and continuing right of LICENSOR to use the property or the use of the public right of way. 3. DUTIES OF LICENSEE a. In exercising these rights, LICENSEE shalt 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 affected with all reasonable diligence and precaution to avoid damage to the land, property or personnel- b. LICENSEE agrees to conform to any reasonable requirements set forth by LICENSOR, related to the use of the License Area as a storage area during the course of this License_ c_ LICENSEE will install green screening on the chain link fence and sandbags around the property. Ingress and egress must be off Civic Center Drive. Supplies cannot be stacked above 6-feet high. LICENSEE shall make no other improvements or installation to the License Area without the written approval of the LICENSOR. LICENSEE agrees to pay all the costs of the 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 LICENSOR, at the sole cost and expense of LICENSEE. The License Area shall be maintained in a manner consistent with community standards which will uphold the value of the Property, in accordance with this Agreement, the Santa Ana Municipal Code and all other applicable local, state and federal rules, regulations and standards. e. LICENSEE shall be responsible for the payment of all charges in connection with utility services provided to the License Area, "Utility services" shall include natural gas, water, electricity and sewer. f. 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 purposes. 4. MONTHLY COMPENSATION LICENSOR shall provide the License Area to LICENSEE as partial consideration of LICENSEE's activities required for the completion of the Project. 5. REVOCATION LICENSOR may revoke this License, at will, upon fifteen (15) days notice in writing to the LICENSEE. 6. 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 LICENSOR: City of Santa Ana Public Works Agency Attn: Mindy Ly 20 Civic Center Plaza P.O. Box 1988 (M-36) Santa Ana, CA 92702 TO LICENSEE: PAR Electrical Contractors 10771-A Almond Ave Fontana, CA 92337 7. TERMINATION OF OCCUPANCY a. Notwithstanding paragraph 5, this agreement will automatically terminate on December 31 . 2012. b. LICENSEE accepts the License Area in an "as is" condition and upon termination or revocation of this License, LICENSEE shall, at its own cost and expense, remove any improvements installed by LICENSEE and surrender possession of the License Area to the LICENSOR 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 LICENSOR. c. In the event LICENSEE fails, neglects or refuses to remove said improvements and restore the License Area, such removal and restorations may be performed by LICENSOR, at the expense of LICENSEE, which expense LICENSEE agrees to pay to LICENSOR upon demand. d. Occupancy may be terminated by either party with thirty days written notice to the other party. 8. 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 and not- contributory with respect to insurance or self-insurance programs maintained by the LICENSOR, and (3) contain standard separation of insured's provisions. 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 LICENSOR prior to exercising its rights under this License, which certificates shall clearly evidence all coverage's required above and provide that such insurance shall not be materially changed or terminated except with 30 days prior written notice to the LICENSOR (ii) attach an "Additional Insured Endorsement" form, to the certificates of insurance with additional insured coverage as noted above; (iii) maintain such insurance from the time the project first commences until completion of the project under this License; and (iv) replace such certificates for policies expiring prior to the termination of this License. 9. INDEMNITY LICENSEE shall indemnify, defend and hold harmless LICENSOR, 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 LICENSOR or LICENSEE, and shall indemnify, defend and hold harmless LICENSOR, 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. 10. GOVERNING LAW This License shall be governed by and construed in accordance with the laws of the State of California. 11. ENTIRE AGREEMENT This License, together with all attachments hereto, constitutes the entire understanding and agreement of the parties. It 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 LICENSOR and LICENSEE. 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 agent, employee, partner, or joint ventures of the LICENSOR. This License does not create a tenancy of any nature whatsoever between the LICENSOR and LICENSEE. 13. ASSIGNMENT BY LICENSEE PROHIBITED In no event shall LICENSEE assign or transfer any of the rights conferred herein without the prior express written consent of the LICENSOR. 14. ATTORNEY FEES AND COSTS In the event that any action is instituted to enforce payment or performance under this Agreement, or otherwise in connection with this Agreement, the parties agree that the prevailing party shall be reimbursed by the other party for all costs and attorneys' fees incurred by the prevailing party in such action. 15. CONFLICT OF INTEREST No member, official or employee of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any member, official or employee participate in any decision relating to this Agreement which affects his/her personal interests or the interests of any corporation, partnership or association in which he/she is directly or indirectly interested. 16. CHOICE OF LAW Choice of Law. This Agreement is to be governed by, and construed in accordance with, the laws of the State of California. /// /// /// /// The parties have executed this personal, non-exclusive, revocable License Agreement as of the date and year first written above_ CITY OF SANTA ANA PAUL M. WALTERS City Manager /tl MARIA 0. HUIZAR ATTEST: Clerk of the Council APPROVED AS TO FORM: SONIA R_ CARVALHO City Attorney By: - Lau Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL PAR ELECTRICAL CONTRACTORS (NA ) (Title) RAUUGODINEZ, II Executive Director ?/ Public Works Agency i ___.I i I I ' ' ' _ _ I I I I i i _____. ?- 1 1 1 111 ?- U) CIVIC CENTER DRIVE _ _ _. ,, I_ ___-_ -__- _ _ _- _____.. __-__ i LEGEND ® LICENSE AREA -__ -- o i ? : ' V_J I Q' 1? 1 SANT- - TITLE: ?? EXHIBIT "A"