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HomeMy WebLinkAboutCC 10 SURPLUS PROPERTY 8-19-85AGENDA DATE: AUGUST 7, 1985 CONSENT CALENDAR NO. 10 8-19-85 Inter- Com TO: FROM: S U BJ ECT: WILLIAM HUSTON, CITY MANAGER BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SURPLUS CITY PROPERTY - NEWPORT AVENUE AT IRVINE BOULEVARD RECOMMENDATION: That the Tustin City Council, at their meeting of August 19, 1985, authorize the Mayor to execute the License Agreement providing the interim use of surplus property at the southwesterly corner of Newport Avenue and Irvine Boulevard for landscaping and maintenance purposes. BACKGROUND: On the southwesterly corner of Newport Avenue and Irvine Boulevard the City owns a residual parcel of land that was not utilized by the off-street bike trail construction. This residual parcel is a small triangular shaped parcel located westerly of the Newport Avenue bike trail and adjacent to 18410 Irvine Boulevard. This parcel is currently vacant and contains no improvements. It is approximately 100 feet in length and is less than 20 feet in width at its widest dimension. It contains no landscaping and is a collection spot for miscellaneous debris and litter. DISCUSSION: Mr. Vecchio, the owner of the property located at 18410 Irvine Boulevard, has requested the use of this surplus parcel to install and maintain landscaping in order to improve the appearance of his property. Staff has reviewed this request and suggest that a License Agreement be executed with Mr. Vecchio to grant him the right to utilize the surplus parcel only for the purpose of landscaping and maintenance thereof and at no rental fee to the licensee. The landscaping and maintenance of this property will not only enhance the appearance of his property and the general area, but will remove it from the City's maintenance schedules during the term of the License Agreement. The subject License Agreement provides for the following: 1. A license for the licensee to landscape and maintain the licensor's (City's) property. 2. License is personal to the licensee and it is not assignable. 3. Agreement is terminable at will. AUGUST 7, 1985 PAGE 2 4. Property is open for inspection at all times by licensor. 5. Licensor not responsible for loss or damage etc. pertaining to any use of the property by the licensee's or invitee's. In the future, this surplus property will be utilized by the City for intersection widening to accommodate dual left turn movements from Newport Avenue to Irvine Boulevard as traffic demands warrant the improvements. Bob Ledendecker Director of Public Works/City Engineer BL:jr LICENSE ~ THIS is made and entered into this ~"~day of _~ylREE M ENT, 1985, by and between: City of Tustin, a municipal corporation, hereinafter referred to as wLicensorW, AND James Vecchio, hereinafter referred to as "Licensee". WHEREAS, Licensor is the owner of certain real property located near the corner of Newport Avenue and Irvine Boulevard, more particularly shown on the aerial photograph attached hereto as Exhibit WA" (Licensor's property is designated on Exhibit WAW in yellow); and WHEREAS, Licensee is the owner of certain real property located at 18410 Irvine Boulevard, which is adjacent to Licensor's property; and WHEREAS, Licensee desires to obtain permission to landscape and maintain Licensor's property as depicted in Exhibit "A". NOW, THEREFORE, it is agreed as follows: 1. Licensor grants to Licensee a license to landscape and maintain Licensor's property. 2. This license is personal to the Licensee. It is not assignable, and any attempt to assign this license terminates it. 3. This License Agreement is terminable at will. 4. Licensee expressly holds the Licensor, its officers, agents, employees, contractors and subcontractors free and harm- less from any and all responsibility or liability which may result from Licensor entering upon Licensee's license property for purposes of inspection. 1 5. Licensor shall not be liable for any loss, damage, or injury of any kind or character to any person or property arising from any use :of the license property for, or as a result of the license property purpose of maintenance and landscaping, by Licensee, or any of its agents, employees, licensees or invitees, or any part thereof, or caused by or arising from any act or omission of Licensee or any of its agents, employees, licensees, or invitees, or by or from any accident on said licensed property or any fire or other casualty thereon, and Licensee, except to the extent occasioned by the sole act or negligence or willful misconduct of Licensor or its employees, hereby waives on its behalf all claims and demands against Licensor for any such loss, damage or injury of Licensee, and hereby agrees to indemnify and hold Licensor entirely free and harmless from all liability for any such loss, damage or injury of other persons, and from all costs and expenses arising therefrom. "LICENSOR" CITY OF TUSTIN, a municipal corporation Appr~ Jam ~rke, City Attorney ATTEST: Mayor City Clerk "LICENSEE" SA:lw :D: 7/8/85(4) JA~iE S VECCH IO By: ~ ~_ ~'~ EXHIBIT "A"