CONTRACT 6811 License AgreementAgreement No. 6811
TEMPORARY LICENSE AGREEMENT
SURVEYING ON PRIVATE PROPERTY, NO BUILDING ENTRY
101 Penn St.
This, Temporary UcenseAgreement ('Agreement") is made and executed this 28th day of
September, 2023 ("Effective Date"), between the City of El Segundo, a municipal corporation
""^City""), and Mueller Engineering LLC ("Owner"). For the purposes of this Agreement, the City
and the Owner may be referred to coffectively 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 101 Penn St. (AIN: 4135-018-013) 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 Ef 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. Terra; 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" priar 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.
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Agreement No. 6811
G. 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. The design forthe 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. Owneragrees and acknowledges that Ownerwill not have any direct 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 or not, arising out ofthis 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.
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Agreement No. 6811
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]
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Agreement No. 6811
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year
first hereinabove written.
City of El Segundo
A general law and municipal corporation
Darrell George
City Manager
Authorization:
Resolution No. 4255 (04/02/2002)
APPROVED AS TO FORM:
Joaquin zquezm
Deputy Ci Attorney
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Mueller Engineering LLC
101 Penn St.
Print Name: Thomas Mueller
Email Address: 'en muelleren ineeringllc.com
Mueller Engineering LLC
250 S. Dianthus St.
Manhattan Beach, CA 90266
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Agreement No. 6811
EXHIBIT "A"
PROPERTY MAP
AIN: 4135-018-013
PROPERTY - APN: 4135-M B-013
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