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HomeMy WebLinkAboutContracts & Agreements_19-1993_CCv0001.pdf LICENSE AGREEMENT This license agreement ("Agreement") is entered into this 24th day of JUNE 11 1993 by and between the City of Redlands, a municipal corporation ("Licensor") , and Redlands Foothill Groves ("Licensee") . RECITALS WHEREAS, Licensor is the owner of certain real property located in the City of Redlands, County of San Bernardino, which is more particularly described in Exhibit "A, " attached hereto and incorporated herein by this reference (the "Property") ; and WHEREAS, Licensee desires to occupy and use the Property in connection with its business operation conducted on land adjacent to the Property; and WHEREAS, Licensor will agree to grant a license to Licensee to take possession of and use the Property on the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the mutual promises contained herein, and for other good and valuable consideration the receipt of which is hereby acknowledged, the City of Redlands and Redlands Foothill Groves agree as follows: 1. Grant of License. Licensor hereby grants to Licensee a revocable license to occupy and use, subject to all of the terms and conditions hereof, all or any portion of the Property for the purpose of expanding its packing house operations and storage areas. All such activities shall be performed in conformance with DJM172547 all applicable federal, state, regional and local laws, rules, ordinances and regulations. 2. Consideration of License. In consideration of granting this License, Licensee shall pay to Licensor, concurrent with the execution of this Agreement, the sum of $95.00. 3. Possession and Condition of Property not Warranted. Licensor does not warrant or represent that the Property is safe, healthful, suitable for entry or for any other purpose, and Licensee agrees to enter, possess, occupy and use the Property in an "as is" condition. This Agreement shall be in effect only to the extent that Licensor has lawful possession of the Property. To the extent Licensee enters any portion of the Property pursuant to this Agreement, it does so solely at its own risk and shall not look to Licensor for any claim of damages, restitution or other relief in connection with such entry and use. 4 . commencement; Termination. This Agreement shall commence on the date of execution hereof by the parties and shall continue thereafter until this Agreement is terminated by either: A. Licensee's cessation of operation of its packing operations located adjacent to the Property; or B. Licensor's written notice to Licensee of Licensor's intent to terminate this Agreement. Such termination shall occur at Licensor's sole discretion and determination that the Property is required for public flood control and/or trail/linear park purposes; provided, however, that notice be given to Licensee, 120 days prior to the termination date, by first class, postage prepaid mail of such determination. -2- 5. Indemnification of Licensor. Licensee shall defend, indemnify and hold Licensor free and harmless from and against all liability, loss, damage, cost or expenses (including attorneys' fees and court costs) arising from or as a result of the death of any person or any personal injury, accident, claim, loss or damage whatsoever caused to any person or to the property of any person, or to the property of any person, or any responsibility or liability resulting from or in any way connected with the occupancy and/or use of the Property pursuant to this Agreement. 6. Assignment; Sublicenses. The license granted by this Agreement is personal to Licensee. Licensee shall not have the right to assign its rights under this Agreement except upon the prior written consent of Licensor. Any attempt to assign the license granted by this Agreement without the prior written consent of Licensor shall result in the termination of this Agreement. 7. Written Agreement as Entire Understanding of Parties. The making, execution and delivery of this Agreement by Licensee has been induced by no representations, statements, warranties or agreements other than those herein expressed. This Agreement embodies the entire understanding of the parties hereto as to the matters contained herein, and there are no further or other agreements or understandings, written or oral, in affect between the parties. 8. Attorneys' Fees and Costs. In the event any legal action is commenced to enforce or interpret the terms or conditions of this Agreement, the prevailing party shall, in addition to any DJM172547 -3- casts or other relief, be entitled to recover its reasonable attorneys' fees. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. Dated: "LICENSOR" CITY OF REDLANDSfl s r s Mayor, City of Redlands ATTEST: City Cl-4-k, City Redlands Dated: �� "LICENSEE" REDLANDS FOOTHILL GROVES By: y�" Title: ` .a D JM 172547 -4 EXHIBIT "A" A portion of Lot 30, Block 77 of the 80 acre survey of the Rancho San Bernardino, in the City of Redlands, County of San Bernardino, State of California, as per map recorded in Book 7 of Maps, Page 2, in the office of the County Recorder of said County, described as follows: Beginning at the intersection of the centerlines of Church Street and Central Avenue; thence N 00 031 1311 E, along the centerline of Church Street, 594.37 feet, to the southerly right-of-way line of the Atchison, Topeka and Santa Fe Railway; thence S 890 541 3011 W, along last said line, 30.00 feet to the westerly right-of-way line of Church Street (60.00 feet wide) ; thence S 00 03' 1311 W, along last said line, 96. 10 feet, to its intersection with the southerly line of property conveyed to Redlands Foothill Groves Incorporated, by deed recorded May 12, 1947, in Book 2047, Page 236, Official Records; last said intersection being the True Point of Beginning; Thence continuing S 00 031 1311 W, along the westerly right-of-way line of Church Street, 25.76 feet; thence S 740 071 1411 W, 855. 68 feet to a point on the beginning of a curve, concave northwesterly and having a radius of 1682.55 feet, the radial line at last said point bears N 130 52' 4611 W; thence westerly along said curve through a central angle of 4® 391 4311 an arc distance of 136.90 feet, to a point on the easterly right-of-way line of Ninth Street; thence N 00 141 5411 W, along last said line 25. 32 feet, to a point on the beginning of a curve, concave northwesterly and having a radius of 1657.55 feet, the radial line at last said point bears N 90 13' 0311 W; thence easterly along said curve through a central angle of 40 311 3111 an arc distance of 130.92 feet; thence N 760 071 1411 E, 861.88 feet to the True Point of Beginning. �VFESSII '7 '4y IEXF. 3 11.9q RONALD C. MUTTER 28129 CIVIL ENGINEERING C OF C'W