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HomeMy WebLinkAboutCC 8 EXCESS PROPERTY 08-18-80DATE: AUGUST 12, 1980 CONSENT CALENDAR ln eF-Con: TO: DAN BLANKENSHIP, CITY ADMI. NISTRATOR F~OM: BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUB&EOT: LICENSE AGREEMENT FOR EXCESS PROPERTY ON WARNER AVENUE The attache~ Ei. cense Agreement is for the use of a parcel of land, approx~ imate]y 970~ Sq. Ft. in the area adjacent to the south side of Warner Avenue and easterly of the Costa Mesa [Newport) Freeway. Lusk Interiors whose business is located at 2400 So. Pullman has offered to lease this parcel from the city for additional parking for their business. Thi. s parcel at the present time is' considered excess, but will be used at some time in the future for the ulti. mate widening of Warner Avenue in the vicinity of the Freeway. At the present time the parcel ~s vacant and maintained by the city.. Thi's lease will relieve the city of the duties of weed and debris control. Lusk I'nteriors has agreed to improve the parcel for parking purposes and pay the city $500.00 per year for said use. This agreement has been reviewed and approved by the City Attorneys office and can be cancelled ~y ei. ther party on thirty [30) days written notice. Recommendation: It is recommended that the. Tustin Ci.tS Counci. l at their meeting o~ August 18, 1980 authorize the Mayor to execute said Eicense Agreement with Lusk Interiors for the Warner Avenue parcel of land. BOB LEDENDECKER D!.RECTOR OF PUBLIC WORKS/ CITY ENGI.NEER LICENSE AGREEMENT THIS LICENSE AGREEMENT is made this day of , 1980, by and between the CITY OF TUSTIN, hereinafter referred to as "Licensor", and LUSK INTERIORS, INC., a California corporation, here- inafter referred to as "Licensee". RECITALS W/~EREAS, Licensor is the owner of that real property located in the City of Tustin, County of Orange, State of California, more particularly described as tha%'certain area outlined in red on Exhibit "A" attached hereto and by this ~reference made a part hereof, hereinafter referred to as "'the property"; and WHEREAS, Licensee desires to obtain permission to enter and use the Property for the purpose of providing parking space for its customers. NOW, THEREFORE, it is agreed as follows: 1. Licensor hereby grants to Licensee a License to enter upon and use the Property shown in red on Exhibit "A" for the restricted purpose as set forth above. This License, and Licensee's right to use the Propert~ shall be valid commencing upon execution of this License. 2. In consideration for the granting of this License by Licensor, Licensee shall, at its sole cost and expense, maintain the property~ any improvements thereon and any facilities appurtenant thereto in good order and a safe condition, including keeping the Property free of all weeds, trash, and other debris. 3. As additional consideration for the granting of this License by Licensor, Licensee shall pay to Licensor the sum of $500.00 per year. The initial payment shall be due on the date of execution of this License, receipt of which is hereby acknowledged by Licensor by its signature hereinbelow and all subsequent yearly payments shall be due and payable on the anniversary of the date first above written. 4. Licensee hereby agrees to indemnify, hold harmless and defend the Licensor and the Property of the Licensor free and harmless from any costs, expenses, liabilities, damages, claims for damages, arising from any acts or omissions to act by Licensee and any of its agents, employees, licensees or invitees on Licensor's Property during the term of this License, at Licensee's sole cost and expense. 5. Licensee shall, at its sole cost and expense, at all times during the term of this License, maintain in full force and effect for the joint benefit of Licensor and Licensee, a broad form comprehensive coverage policy of public liability insurance by the terms of which Licensor and Licensee are named as insured and are indemnified against liability for damage or injury to the Property or person (including death) of any employee or Licensee or any other person entering upon or using the Property in connection with Licensee's use thereof. Such insurance shall be a combined single limit, bodily injuryand property damage insurance policy in an amount not less than Five Hundred Thousand Dollars ($500,000.00). Such insurance policy shall be stated to be primary and noncontributing with any insurance which may be carried by Licensor, and Licensee shall deliver to Licensor, within ten (10) days from the date hereof, the certificate of the insurance carrier as to such insurance policy~ Said certificate shall provide that the insurance shall not be modi- fied or cancelled without thirty (30) days written notice to the City of Tustin. 6. This License is terminable at the will of either party upon thirty (30) days prior written notice thereof. In the event this License is terminated by Licensor as prescribed above, Licensor shall pro rate the above-mentioned yearly rental payment on a monthly basis and refund any unused portion thereof to Licensee. This License is personal to Licensee and shall not be assigned. Licensee agrees to remove all improvements from the Property prior to the termination date of this License Agreement. 7. Vehicular access both to and from the Property shall be taken from Pullman Avenue. No access to Warner Avenue shall be permitted. 8. In the event that either party hereto shall commence any legal action or proceeding, including an action for declaratory relief, against the other by reason of the alleged failure of the other to perform or keep any term, covenant, or condition of this License Agreement by him to be performed or kept, the party prevail- ing in said action or proceeding shall be entitled to recover, in addition to his court costs, a reasonable attorney's fee to be fixed by the court, and such recovery shall include court costs and attor- ney's fee on appeal. As used herein, "the prevailing party" means the party in whose favor final judgment is rendered. IN WITNESS WHEREOF, the parties hereto have executed this License Agreement on the day and year first above written. LICENSOR LICENSEE CITY OF TUSTIN BY: BY: LUSK INTERIORS, INC. , a California corporation BY: -2- ~ U~ I4 ~ IN TE~IO ~ ~ L,UsK HO~£s LOT