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CONTRACT 6812 License AgreementAgreement No. 6812 TEMPORARY LICENSE AGREEMENT SURVEYING ON PRIVATE PROPERTY, NO BUILDING ENTRY 108 Sheldon St. This Temporary License Agreement ("Agreement") is made and executed this 28th day of September, 2023 ("Effective Date"), between the City of El Segundo, a municipal corporation ("City"), and Chrisman Family Trust ("Owner"). For the purposes of this Agreement, the City and the Owner may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to the City or the Owner interchangeably. This License Agreement is entered into in light of the following facts: 1. Owner owns that certain real property located at 108 Sheldon St. (AIN: 4135-018.011) in El Segundo (the "Property") depicted in map attached as Exhibit "A" to this Agreement. 2. The City seeks to survey 25 feet onto Owner's property from the alley east of Sheldon St., west of Penn St., south of E. Franklin Ave., and north of El Segundo Blvd. Owner understands that the work will be confined to exterior private property areas within the 25 feet previously mentioned, and that the information will be used to improve the existing alley drainage (hereinafter, the "Improvements"). 3. Owner wishes to temporarily allow City access to the Property to carry out certain activities in furtherance of the Improvements. IN CONSIDERATION OF THE MUTUAL PROMISES OF THE PARTIES, THE CITY AND THE OWNER HEREBY AGREE AS FOLLOWS: 1. Term; Notice. Commencing on the Effective Date, this Agreement will be in full force and effect for a period of six months. The foregoing notwithstanding, the term will automatically expire prior to the expiration of one year upon the City's provision to the Owner of written notice that the City's work under this Agreement has been completed. The City will provide the Owner 48 hours' prior notice before exercising its rights set forth in Section 2, below. 2. Grant of License. Owner authorizes City to enter onto the Property for any of the following purposes: A. Owner authorizes City to enter onto the Property for any of the following purposes for the term of this Agreement (collectively, "Improvements"): i. Survey 25 feet into private property from the adjacent alley in order to provide topography data for improvements to the City alley drainage. Alley referenced is the alley east of Sheldon St., west of Penn St., south of E. Franklin Ave., and north of El Segundo Blvd. B. The authorization set forth above will include, without limitation, City's agents, employees, and contractors, including, without limitation, Denn Engineers. Page 1 Agreement No. 6812 C. The temporary license authorization provided in this Agreement will not only constitute a conveyance of a property ownership or leasehold interest but will also provide the City a temporary license as set forth herein. 3. City Covenants. A. Thedesignforthe Improvements will meet industry standards as applicable. B. City will not make, or cause to be made, any additional alterations to the Property without the Owner's prior written consent. 4. Owner Acknowledgments, Covenants. A. Owner agrees and acknowledges that Owner will not have any d i rect control overthe design or construction of any drainage improvements after the Improvements is completed. B. City specifically disavows any responsibility for liability, repair, maintenance, or replacement related to the Improvements located on the Property after it is completed, unless otherwise City -owned, and Owner agrees not to make any claim to the contrary.. 5. Indemnification. A. City agrees to indemnify and hold Owner harmless from and against any and all claims, demands, actions, damages, expenses, suits, accidents, injuries, liability, or proceedings of any character whatever, brought for or on account of, or resulting from or arising out of or in connection with, any willful misconduct or active negligence arising solely from City's, actions or inaction effectuating the Improvements. B. Except as provided in Section 5.A, above, Owner indemnifies and holds City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this License. Should City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless ornot, arising out of this Agreement, or its performance, Ownerwill defend City (at City's request and with counsel satisfactory to City) and will indemnify City for any judgment rendered against it or any sums paid out in settlement or otherwise. C. For purposes of this section "City" includes City's appointed and elected officials; officers; and employees. 6. Electronic Signatures. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, Agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a Party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature. Page 2 Agreement No. 6812 7. Entire Agreement. This Agreement constitutes the sole agreement between City and Owner respecting the Property, the use of the Property by City, and the specified Agreement term, and correctly sets forth the obligations of City and Owner. Any agreement or representations respecting the Property or its licensing by City to Owner not expressly set forth in this instrument are void. 8. Modification. No alteration, change or modification of the terms of the Agreement will be valid unless made in writing and signed by both Parties hereto and approved by appropriate action of City. The City Manager may exercise this authority on behalf of City. 9. Force Majeure. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control, then the Agreement will immediately terminate without obligation of either party to the other. 10.Interpretation; Venue. This Agreement and its performance will be governed, interpreted, construed and regulated by the laws of the State of California. Exclusive venue for any action involving this Agreement will be in Los Angeles County. [SIGNATURES BEGIN ON FOLLOWING PAGE] Page 3 Agreement No. 6812 IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year firsthereinabove written. City of El Segundo A e eral law a d municipal corporation Darrell George City Manager Authorization: Resolution No. 4255 (04/02/2002) APPQPVED AS TO FORM: 1 Joaqu1AjVazquez, Deputy, Pity Attorney Chrisman Family Trust 108 Sheldon St. Print Name: Email Address° -�� Chrisman Family Trust 804 Rosecrans Ave. Manhattan Beach, CA 90266 Page 4 Agreement No. 6812 EXHIBIT "A" PROPERTY MAP AIN: 4135-018-011 ........ ....... 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