CONTRACT 4965 License Agreement CLOSEDAgreement No. 4965
LICENSE AGREEMENT AUTHORIZING THE CITY OF EL SEGUNDO
TO ENTER ONTO PRIVATE PROPERTY FOR THE PURPOSE OF
REMOVING AND RELOCATING A RETAINING WALL AND CHAIN
LINK FENCE
This License Agreement is made and executed this 14th day of December, 2015, by and
between the City of El Segundo, a municipal corporation ( "City" or "Licensee "), and The
Rector, Wardens and Vestrymen of St. Michael the Archangel Parish ( "Owner" or "Licensor ").
Licensor is the record owner of that certain real property described as Los Angeles County
Assessor's Parcel No. APN 4136 - 017 -046, located at 361 Richmond Street, El Segundo,
California (the "Property "),
RECITALS
WHEREAS, the Property is presently improved with, among other things, a small
concrete retaining wall and chain -link fence that run along the length of the Property along
Richmond Street and which are located in the public right -of -way;
WHEREAS, Licensee will be widening Richmond Street as a component of its
Richmond Street Rehabilitation Arterial Improvement Project and the street widening will_
necessitate the relocation of the retaining wall and chain -link fence out of the public right -of-
way, and approximately six feet to the West.
WHEREAS, Licensee has offered to relocate the existing chain -link fence and retaining
wall at its own expense, subject to the terns and conditions set forth below;
WHEREAS, Licensor desires to give Licensee permission to enter onto its Property to
perform work associated with the fence and retaining wall relocation and the street improvement
project;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
parties agree as follows:
1. Licensor grants to Licensee, and to Licensee's employees, contractors and agents, the
temporary right, privilege and permission to enter the Property and to place, maintain, and
operate equipment for the purpose of removing the chain -link fence and retaining wall fronting
Richmond Street and relocating/reconstructing the fence and the retaining wall approximately six
feet to the West and out of the public right -of -way (the "Work "). Exhibit A, attached hereto and
incorporated herein by this reference, is a plan showing the current placement of the fence and
the retaining wall and their placement after relocation. Exhibit A also sets forth all applicable
specifications for the Work.
2. Owner agrees to the specifications set forth on Exhibit A subject to any field changes requested
by Owner and approved by the City. If new information is discovered during the perfonnance of
Agreement No. 4965
the Work that requires deviation from, or modification of, the specifications set forth in Exhibit A,
Owner agrees that City may deviate from and/or modify the specifications as necessary to
accomplish the purpose of the Project without fiuther consultation with, or approval by, Owner.
3. City agrees to commence Work on a December 19, 2015 and will endeavor to complete the
Work by January 3, 2016. This will include working weekends as needed, but excludes work on
December 24 -25, 2015 and December 31, 2015 - January 1, 2016. No guarantee is made regarding
the ultimate duration of the Work and Owner understands and agrees that it shall be responsible for
making all necessary modifications to its operations while the Work is in progress. City will make
every attempt, subject to weather, to complete the work within the specified timeframe.
4. No warranties express or implied are provided by City with respect to all or any portion of the
Work. Once the Work is completed and accepted pursuant to Paragraph 5, Owner shall assume all
responsibility for the care and maintenance of the fence and retaining wall.
5. Except as provided in Paragraph 6, the term of this Agreement shall extend until the Work is
complete and accepted. The Work shall be considered complete and accepted upon final
inspection and approval by the City's Building Official or designee.
6. The parties may terminate this Agreement at any time with or without cause, upon written or
verbal notification. Termination will be effective upon notification. Upon termination, City will
remove all personal property and improvements from the Property within two days. The
Property will be left in a clean and orderly condition.
7. Owner agrees to maintain the fence on the Property in a reasonable manner after construction
is complete. City specifically disavows any responsibility for replacing or repairing the fence
after it is completed and Owner agrees not to make any claim to the contrary.
8. Indemnification.
A. City agrees to indemnify and hold Owner harmless from and against any and all
claims, demands, actions, darnages, 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, or its agents', actions or inaction
while performing the Work on the Property.
B. Except as provided in Paragraph 8(A), 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 narned in any suit, or should any claim be brought against it by
suit or otherwise, whether the same be groundless or not, arising out of this
License, or its performance, Owner will 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.
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Agreement No. 4965
C. For purposes of this section "City" includes City's appointed and elected officials,
officers, and employees.
9. This Agreement was made in and will be construed in accordance with the laws of the State
of California and exclusive venue for any action involving this Agreement will be in Los
Angeles County.
10. This instrument 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.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
LICENSEE
City of El Segundo,
a general law City and municipal corporation
LICENSOR
City M ager ly:��
Its:
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Mark Hensley, City, iey
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