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HomeMy WebLinkAboutA6238 - LICENSE AGR WITH JACQUELINE AUTRY TO INSTALL/MAINTAIN MEDIAN ISLAND ADJ TO 328 W MTN VIEW LICENSE AGREEMENT THIS License Agreement ("License") is made and entered into this 1st day of May, 2012, between the City of Palm Springs ("City") and Jacqueline Autry ("Licensee"). RECITALS A. Licensee is the owner of a residential property at 328 W. Mountain View Place, Palm Springs, CA, 92262. The City is the owner of the street] including a median island immediately adjacent to Licensee's property. Licensee's property, the street, and median island are described in the drawing attached to this License Agreement. Licensee desires a license from the City to install and maintain landscaping and related material in the median island. The Parties agree: 1. Grant of Access. City grants to Licensee, her employees, contractors, and agents, a license and permission to enter upon the median island for the sole purpose of installing and maintaining landscaping in the median island. 2. Assumption of All.Risks and Liabilities. Licensee assumes all risks and liabilities arising out of or relating to the use of the median island including, without limitation, injury to persons in, upon or about the median island during Licensee's use of the median island or arising from any use of or work undertaken upon the median island or other activities of Licensee or Licensee's employees, contractors, agents, representatives, guests or invitees ("Licensee's Parties") on the median island. Licensee waives all claims with respect thereof against City. 3. Release and Indemnification by Licensee. Licensee shall release, indemnify, defend (with counsel designated by City), protect and hold harmless City and City's officers, employees, contractors, and agents from and against any and all claims, arising from or in connection with (i) the performance of any obligation by Licensee under the terms of this Agreement, (ii) Licensee's use of the median island, or (iii) the conduct of Licensee's business or any activity, work or things done, permitted or suffered by Licensee in or about the median island. 4. License Not Assignable. This License shall become effective on execution by the City and Licensee and is personal to the Licensee and is not assignable. Any attempt by Licensee to assign this License shall be void and shall cause the immediate termination of this License. 5. Waste. Damage, or Destruction: Surrender of Property. The Licensee shall not allow any waste, damage or destruction to occur on the median island. 6. Termination. This License shall terminate on July 1, 2017. The City or the Licensee may terminate this License at any time by providing the other party with thi (30) days'written notice of termination. Licens e: \ it Ja days' Autrry David Ready APPROVED BY CITY MANAGER A ccb - �' S =1TYCLERK EXHIBIT"A" 2 Page 1 of 1 u pt oil +1 1 r i � f � F J I ! , �t a 2262a !S S s � a T IeAtlas, ��yAIM SAq l 126 ft k `S I N CityGIS Cot lrOaN�P Copyright 02006 All Rights Reserved. The information contained herein is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products. http://maps.digitalmapcentral.com/production/CityGIS/vO7_O3_001/index.p4.1.aspx 5/16/2012