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CONTRACT 4995 License AgreementAgreement No. 4995 WHEREAS, the Properties are presently improved with, among other things, a parking lot adjacent to Richmond Street 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 aligning the roadway elevations both horizontally and vertically with adjacent property driveways and walkways (collectively "access ways" or "improvements") as shown in Exhibit "A"; WHEREAS, Licensee has offered to modify the Property elevations to ensure a proper transition between the access ways and the public right-of-way its own expense, subject to the terms and conditions set forth below; Agreement No. 4995 unmmmz�l �� 4. The Work shall be considered complete and accepted upon final inspection and approval by the City's Engineering Project Manager or designee. 6. City warrants the condition of the improvements for a period of one (1) year after completion. After that date, City specifically disavows any responsibility for replacing or repairing the improvements and Owner agrees not to make any claim to the contrary. 7. Indemnification. X, Except as provided in Paragraph g(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 any willful misconduct or negligence by Owner or its agents. K Agreement No. 4995 C, For purposes of this section "City" includes City's appointed and elected officials, officers, and employees. 8. 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. 9. Stop Work Authority; Owner Stop -Work Rights. In the event that an unsafe condition arises with regard to any City entry or activity at the property in the opinion of any Owner employee or Owner representative, such person has the authority to order the entry and the activity to stop. In the event of such a stop -work order, (a) all City parties must comply with that order and must immediately stop the activity in question, and (b) engineers and/or other professional staff for the City parties and for Owner must meet and confer on how to proceed before the activity can resume. In the event of work stoppage pursuant to this Paragraph, the deadline for completion of the work set forth in Paragraph 3 will be extended by an amount of time equal to the amount of time for which work was stopped. 10. This instrument constitutes the sole agreement between City and Owner respecting the Work and correctly sets forth the obligations of City and Owner. Any agreement or representations respecting the Work or the licensing by Owner to City for the Work 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 Ci 4m�a�nw, rle, CitymAttorney LICENSOR I MHS 33S — OS +fI MIS V41 H01MY1 Agreement No. 4995 4 1 ,r^ P w f- � � 11 l (T) OG)l)fl�, ^)C1ClCwiCl(,1JiJ'J 09 s 'u,.t 4{j, 1 fMf�E ,4. 133fiS 33S =9 4+1 MIS ...1 3Nn fQ1YVM. �" "6 Yd�I IJpa �Ipp } I Iq� lµ . .....0 �� I� I Aw Gf ��� �� i� •rI� w. r m M, �,r .. r a r r "." I, �I I p 9".7" �'D "L h'T' -, L IF) va vl I i p J 6� a ox 6 uulA' � w x >f P II Y' �G g � fi final � ".,�,1 uFk V 1 .k V• P r ir i TTI m„ h 4 1 ,r^ P w f- � 'u,.t 4{j, Ull1 r m M, �,r .. r a r r "." I,