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
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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.
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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
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MHS 33S — OS +fI MIS V41 H01MY1
Agreement No. 4995
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