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HomeMy WebLinkAboutCity Council - 4933 RESOLUTION NO . 4933 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ENTER INTO LICENSE AND HOLD HARMLESS AGREEMENTS WHEN ENTERING UPON PRIVATE PROPERTY IN CONNECTION WITH A ROAD CONSTRUCTION PROJECT WHEREAS, due to the numerous instances of the necessity of city work crews entering upon private property for roadway construction projects , and the necessity of granting to the private property owner a hold harmless against any claims arising out of or in connection with the aforementioned work, it would be impractical for the City Council to grant the city' s hold harmless in each and every instance in which this routine situation arises , NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Huntington Beach hereby authorizes the Director of Public Works to execute on behalf of the city a form "License Agreement" which is attached hereto and made a part hereof. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of November 1980. Mayor ATTEST : APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED : INITIATED AND APPROVED : City Admindstrator Director of Public Works JG :ps 4/9/79 LICENSE AGREEMENT THIS AGREEMENT made this day of 1979, by and between (name of owner of property) hereinafter referred to as "Licensor" , and the CITY OF HUNTING- TON BEACH, hereinafter referred to as "Licensee". WHEREAS, Licensor is the owner is the owner of certain real property commonly known as (city , street , number) x and; WHEREAS, Licensee desires to obtain permission to perform certain acts upon Licensor's property, NOW, THEREFORE, i•, Is agreed as follows: 1. Licenser grants to Licensee a license to enter upon Licensor's property for the purpose of for our Avenue roadway construction project . 2 . Licensee shall indemnify and hold Licensor harmless from and against any and all claims for injury to persons or property arising out of or in connection with the aforementioned work. 3• It is further agreed and understood that Licensee shall restore the property to its original condition to the reasonable satisfaction of Licensor upon completion of the aforementioned work. 1 . i IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and ,year first above written. LICENSOR: WITNESS : LICENSEE: Director of Public Works CITY OF 111INTINGTON BEACH 2 . Res. No. 4933 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than .a majority of all the members of said City Council at a regular meeting thereof held on the 3rd day of November , 19 80 by the following voter AYES: Councilmen: Pattinson, Thomas, Finley, Bailey, MacAllister, Mandic, Kelly NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City i of Huntington Beach, California