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SB42 -O -B
Seal Beach/LAR
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LICENSE
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4 This License is made �, j -� , 2000, by and between the COUNTY OF ORANGE,
hereinafter referred to as " OUNTY," and the CITY OF SEAL BEACH, hereinafter referred to as "CITY,"
5 without regard to number and gender.
6 COUNTY AND CITY AGREE AS FOLLOWS:
7 1. TERM
8
This License shall become effective upon the date first written above. Said License shall continue in effect
9 until terminated as provided in Clause 2 (TERMINATION) of this License or until ten (10) years from the
date first written above, whichever occurs first.
10
11 2. TERMINATION
12 This License shall be revocable by either COUNTY or CITY at any however, as a courtesy to CITY,
COUNTY will attempt to give thirty (30) days written notice to CITY upon revocation.
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3. LICENSE AREA
14
15 . COUNTY grants to CITY the right to use that certain property hereinafter referred to as "License Area,"
generally described as the rear of the Los Alamitos /Rossmoor Branch Library located at 12700 Montecito,
16 Seal Beach, shown on "Exhibit A," attached hereto and by reference made a part hereof.
17 4. CONSIDERATION
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18 Consideration for this License shall be the construction and maintenance of the sidewalk by CITY.
19 5 USE
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CITY's use of the License Area shall be limited to construction and maintenance of a sidewalk.
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22 CITY agrees not to use the License Area for any other purpose nor to engage in or permit any other activity
within or from the License Area. CITY further agrees not to conduct or permit to be conducted any public
23 or private nuisance in, on, or from the License Area, and to comply with all governmental laws and
regulations in connection with its use of the License Area.
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6. INSURANCE
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26 CITY shall obtain and keep in force during the term of this License a policy or policies of public liability
insurance covering all injuries occurring within the License Area. The policy or policies evidencing such
27 insurance shall name COUNTY as an additional insured, shall provide that same may not be cancelled or
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1 amended without thirty (30) days prior written notice to COUNTY, and shall provide for a combined
coverage of bodily injury and property damage in the amount of not less than One Million Dollars
2 ($1,000,000). Such policy or policies shall be issued by an insurance company licensed to do business in
3 the State of California and in a form acceptable to COUNTY. Prior to the Commencement Date of this
License and upon renewal of such policies, CITY shall submit to COUNTY suitable evidence that the
4 foregoing policy or policies are in effect.
5 7. OPERATIONS
6 CITY shall, to the satisfaction of COUNTY, keep and maintain the License Area and all improvements of
7 any kind in good condition and in substantial repair. It shall be CITY's responsibility to take all steps
necessary or appropriate to maintain such standard of condition and repair.
8
CITY expressly agrees to maintain the License Area in a safe, clean, wholesome, and sanitary condition, to
9 the complete satisfaction of COUNTY and in compliance with all applicable laws.
10 If CITY fails to maintain or make repairs or replacements as required herein, COUNTY may notify CITY
11 in writing of said failure. Should CITY fail to correct the situation within a reasonable time thereafter,
COUNTY may have the necessary correction made and the cost thereof, including but not limited to the
12 cost of labor, materials, and equipment and administration, shall be paid by CITY within thirty (30) days of
receipt of a statement of said cost from COUNTY.
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8. CONSTRUCTION OF SIDEWALK
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15 CITY shall, within ninety (90) days after the commencement of this License, construct a sidewalk on the
License Area as set forth in Exhibit A attached.
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CITY will ensure that all construction debris and materials are cleared from the License Area and that the
17 area is restored with adequate landscaping material. CITY further agrees to replace any landscape
18 irrigation system which may be affected by the construction of the sidewalk. •
19 Upon expiration or termination of this License, CITY agrees to remove the sidewalk and restore the
License area to a condition equal to that which existed before construction of the sidewalk. The cost of
20 removal and restoration shall be the responsibility of CITY.
21 9. MECHANICS LIENS OR STOP - NOTICES
22 CITY shall at all times indemnify and save COUNTY harmless from all claims, losses, demands, damages,
23 cost, expenses, or liability costs of labor or materials in connection with construction, repair, or alteration
of the sidewalk within the License Area, and from the cost of defending against such claims, including
24 attorney fees and costs.
25 In the event a lien or stop- notice is imposed upon the License Area as a result of such construction, repair,
26 alteration, or installation, CITY shall either:
27 A. Record a valid Release of Lien, or
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Seal Beach/License 2
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B. Procure and record a bond in accordance with Section 3143 of the Civil Code, which frees
2 the License Area from the claim of the lien or stop - notice and from any action brought to
foreclose the lien.
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4 Should CITY fail to accomplish either of the two optional actions above within fifteen (15) days after the
filing of such lien or stop- notice, the License shall be subject to immediate termination.
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10. LIMITATION OF THE LICENSE
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7 This License and the rights and privileges granted CITY in and to the License Area are subject to all
covenants, conditions, restrictions, and exceptions of record or apparent from a physical inspection of the
8 License Area. Nothing contained in this License or in any document related hereto shall be construed to
imply the conveyance to CITY of rights in the License Area which exceed those owned by COUNTY.
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11. NOTICES
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11 All 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 sent through the United States mail in the State of California duly
12 registered or certified with postage prepaid. If any notice is sent by registered or certified mail, as
aforesaid, the same shall be deemed served or delivered forty -eight (48) hours after mailing thereof as
13 above provided. Notwithstanding the above, COUNTY may also provide notices to CITY by personal
delivery, facsimile, or by regular mail.
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15 . TO: COUNTY TO: CITY
16 County of Orange City of Seal Beach
Orange County Public Library City Hall
17 1501 E. St. Andrew Place 211 Eight Street, 2 °a Floor
Santa Ana, CA 92705 Seal Beach, CA 90740 -6379
18 Attention: County Librarian Attention: City Manager
19 12. ATTACHMENTS
20 .
This License includes the following, which are attached hereto and made a part hereof:
21
22 GENERAL CONDITIONS
23 II. EXHIBIT A - PLAN OF LICENSE AREA
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1 IN WITNESS WHEREOF, the parties have executed this License the day and year first written above.
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CITY
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5 CITY OF SEAL BEACH
6 A2/;_,t-1
By
7 Keith Till, City Manager
8 APPROVED AS TO FORM:
County Counsel
9 Laurence M. Watson
10 •
11 By •4 . % _ / -ice
12 Deputy County Counsel
13 Date: a/a 1 //0
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RECOMMENDED FOR APPROVAL:
15
16
17 B
. unty Librarian
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19
20 SIGNED AND CERTIFIED THAT A COPY OF COUNTY
THIS DOCUMENT HAS BEEN DELIVERED TO
21 THE CHAIRMAN OF THE BOARD COUNTY OF ORANGE
22
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23 �._ . V t...a.[' • By
24 DARLENE J. BLOOM ' Chairman, Board of Supervisors
Clerk of the Board of Supervisors
25 Of Orange County, California
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28 Seal Beach/License 4
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SB42 -O -B
1 Seal Beach/LAR
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I. GENERAL CONDITIONS
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4 1. PERMITS AND LICENSES
5 CITY shall be required to obtain any and all permits and/or licenses which may be required in connection
6 with any work on or use of the License Area. No permit, approval, or consent given hereunder by
COUNTY, in its governmental capacity, shall effect or limit CITY's obligations hereunder, nor shall any
7 approvals or consents given by COUNTY, as a party to this Agreement, be deemed approval as to
8 compliance or conformance with govenunental codes, laws, rules, or regulations.
9 2. SIGNS
10 CITY agrees not to construct, maintain, or allow any signs, banners, flags, etc., upon the License Area.
Unauthorized signs, banners, flags, etc., shall be removed.
11
12 3. LICENSE ORGANIZATION
13 The various headings and numbers herein, the grouping of provisions of this License into separate clauses
and paragraphs, and the organization hereof, are for the purpose of convenience only and shall not be
14 considered otherwise.
15 4. AMENDMENTS
16 This License is the sole and only agreement between the parties regarding the subject matter hereof; other
1 7 agreements, either oral or written, are void. Any changes to this License shall be in writing and shall be
properly executed by both parties.
18
5. UNLAWFUL USE
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20 CITY agrees no improvements shall be erected, placed upon, operated, nor maintained on the License Area,
nor any business conducted or carried on therein or therefrom, in violation of the terms of this License, or
21 of any regulation, order of law, statute, bylaw, or ordinance of a government agency having jurisdiction.
22 6. INSPECTION
23 COUNTY or its authorized representative shall have the right at all reasonable times to inspect the License
24 Area to determine if the provisions of this License are being complied with.
25 7. INDEMNIFICATION
26 CITY hereby waives all claims and recourse against COUNTY including the right of contribution for loss
27 or damage of persons or property arising from, growing out of, or in any way connected with or related to
Seal Beach/General Conditions 1
11/19/99
this License except claims arising from the concurrent active or sole negligence of COUNTY, its officers,
1 agents, and employees. CITY hereby agrees to indemnify, hold harmless, and defend COUNTY, its
officers, agents, and employees against any and all claims, loss, demands, damages, costs, expenses, or
2 liability costs arising out of the operation, use, or maintenance of License Area, and/or CITY's exercise of
the rights under this License, except for liability arising out of the concurrent active or sole negligence of
3 COUNTY, its officers, agents, or employees, including the costs of defense of any lawsuit arising
therefrom.
4
5 In the event COUNTY is named co- defendant, CITY shall notify COUNTY of such fact and shall represent
COUNTY in such legal action unless COUNTY undertakes to represent itself as co- defendant in such legal
6 action, in which event CITY shall pay to COUNTY its litigation costs, expenses, and attorney's fees. In the
event judgement is entered against COUNTY and CITY because of the concurrent active negligence of
7 COUNTY and CITY, their officers, agents, or employees, an apportionment of liability to pay such
8 judgement shall be made by a court of competent jurisdiction. Neither party shall request a jury
apportionment.
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8. PARTIAL INVALIDITY
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If any term, covenant, condition, or provision of this License is held by a court of competent jurisdiction to
11 be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and
12 effect and shall in no way be affected, impaired, or invalidated thereby.
13 9. WAIVER OF RIGHTS
14 The failure of COUNTY to insist upon strict performance of any of the terms, covenants, or conditions of
this License shall not be deemed a waiver of any right or remedy that COUNTY may have, and shall not be
15 deemed a waiver of the right to require strict performance of all the term, covenants, and conditions of the
16 License thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant,
or condition of the License. Any waiver, in order to be effective, must be signed by the party whose right
17 or remedy is being waived.
18 10. CONDITION OF LICENSE AREA UPON TERMINATION
19 Except as otherwise agreed to herein, upon termination of this License, CITY shall redeliver possession of
said License Area to COUNTY in substantially the same condition that existed immediately prior to CITY's
entry thereon, reasonable wear and tear, flood, earthquakes, war, and any act of war excepted.
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11. TIME OF ESSENCE
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23 Time is of the essence of this License Agreement. Failure to comply with any time requirements of this
License shall constitute a material breach of this License.
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12. NO ASSIGNMENT
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The License granted hereby is personal to CITY and any assignment of said License, voluntarily or by
26 operation of law, shall automatically terminate the License granted hereby.
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28 Seal Beach/General Conditions 2
11/19/99
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CENTER ACCESS
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COr1STKUCT 77 L.F. OF 4' WIDE,
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CITY OF SEAL BEACH
ADJACENT TO THE
NORTH SEAL BEACH C.C. —, ,oro�.o ENGINEERING
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