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 CITY COUNCIL AGENDA ITEM NO. 5 



Meeting Date: March 26, 2002

Subject/Title: Revocable License and Maintenance Agreement for the Tittle Property

Submitted by: Craig Bronzan, Director of Parks and Recreation

Prepared by: Ken De Silva, Parks Services Manager

Approved by: John Stevenson, City Manager



RECOMMENDATION

Approve the attached Revocable License and Maintenance Agreement with Stan Tittle and Barbara Tittle.

BACKGROUND

During the construction of Heritage Park it was discovered that ten trees were planted, years ago, on the property line bordering the park and the Tittle’s property. In an effort to avoid removing these mature trees, staff decided it was better to move the fence onto the City’s park property by approximately three feet. This action leaves these mature trees unharmed to provide their aesthetic benefit to the park.

This Agreement grants Mr. Stan Tittle a license, revocable at any time by the city, to this three-foot area owned by the City of Brentwood. The property owner will be required to maintain the 3-foot area behind the fence to his property line. 

This Agreement also grants permission to the Tittle’s to occasionally enter their property on Cambrian Drive through an access gate in the fence in order to provide safer access than the alternative access location, Minnesota Avenue (future Grant Street). Staff feels we can accommodate this request without damage to City property. 

FISCAL IMPACT

None.

ATTACHMENTS:

Revocable License and Maintenance Agreement with the City of Brentwood and Stan Tittle and Barbara Tittle.



REVOCABLE LICENSE AGREEMENT AND MAINTENANCE 
AGREEMENT


THIS REVOCABLE LICENSE AGREEMENT AND MAINTENANCE AGREEMENT (“Agreement”) is entered into as of this day of _______, 2002 by and between the CITY OF BRENTWOOD, a municipal corporation (“City”), STANLEY TITTLE AND BARBARA J. TITTLE, husband and wife community property (“Property Owner”), 1985 Minnesota Avenue, Brentwood, California (“Property”). 

RECITALS

A. City is the owner of a park, commonly known as Heritage Park. Adjacent to Heritage Park, Property Owner has a line of mature trees that would have to be taken out if the common boundary line fence was installed on the property line.

B. The City has determined that it wants to keep the Property Owner’s trees adjacent to the common property line boundary between the parties and therefore, the fence location along the common boundary line between Heritage Park and Property Owner should be installed parallel (approximately 3 feet onto the City’s Heritage Park side) to the common property boundary between the City and Property Owner (“License Area”). 

C. Property Owner is an owner of a residence at 1985 Minnesota Avenue, Brentwood, California ("Property”) that abuts the proposed fence and gate, and is more fully described on Exhibit A attached hereto, and by this reference incorporated herein.

D. The purpose of this Agreement is to (1) set forth the terms and conditions of the revocable license agreement between the City to the Property Owner to permit Property Owner and his successors in interest a revocable license to the 3 foot wide strip of land between the new fence and the common property line between City and Property (the “License Area"); (2) memorialize the granting of the revocable license by City to the Property Owner the right to use the License Area for the purpose of facilitating the construction of a fence and gate; (3) the grant of revocable permission by the City to the Property Owner to use a gate to be constructed in the fence adjacent to the knuckle in Cambrian Place; and (4) to memorialize the covenant by the Property Owner not to locate, or construct any structures in the License Area.


FOR VALUABLE CONSIDERATION, the receipt of which is acknowledged, the parties agree as follows:

1. Revocable License to Property Owner. City does hereby grant to the Property Owner, and their, or his or her successors and assigns, and a revocable license agreement over and across the License Area shown on Exhibit B attached hereto, for the purpose of installing and maintaining a gate in the fence. Property Owner may not erect or install any structures or improvements other than fencing and landscaping in the License Area

2. Maintenance of the License Area. Property Owner hereby covenants and agrees to maintain the License Area, including but not limited to the landscaping, in a neat, clean and safe condition.

3. Indemnification. Property Owner, for himself or herself and any party using the License Area through him or her, indemnifies and holds the City, its contractors, agents, employees, officials, and boards and commissions harmless from and against any claims and liabilities arising from or related to any use of the License Area including the gate in the subject fence, including but not limited to personal injuries and property damage, after the fence is accepted by the City.

City assumes no responsibility for guarding and safekeeping of the Property Owner’s parcel, Property Owner’s equipment, pets, or improvements as a result of granting this Revocable License Agreement. Property Owner shall take all reasonable steps to guard and safekeep its equipment, pets, and improvements as a result of City, its contractors, employees, or its agents’ installation of gate for Property Owner’s use. 

4. Grant of Right to Enter. City grants to Property Owner or its contractors, employees, or agents the temporary right to enter and construct, together with necessary rights of ingress and egress over the Property at a location to be mutually determined by City, its contractors, employees, or its agents and Property Owner, for the purpose of facilitating the construction of the proposed gate, and, as shown in Exhibit B including the “Curb cut” attached hereto, to complete the improvements to the Property, which have been mutually agreed upon by the Property Owner and City, including for example the construction of curb cut on Cambrian Place and any improvements approved by City Engineer and Director of Parks and Community Services to the new fence/gate. This right to enter is temporary in nature and does not constitute a deed or grant of easement or a leasehold interest in the City’s property. 

Prior to Property Owner, its contractors, employees, or its agents entering the City’s property or making a curb cut as shown in Exhibit B, Property Owner or its contractors shall obtain an encroachment permit, as required by City Engineer, and subject to regulations for obtaining an encroachment permit.

Property Owner shall keep the City free and clear from any liens arising out of any work performed by Property Owner for the curb cut, access to gate, and/or gate, the materials furnished, or obligations of any kind whatsoever incurred by Property Owner. 

5. Revocable License. The terms and conditions of this Agreement shall revocable at any time by the City Manager of the City. The rights and obligations created herein shall not be deemed to be covenants running with the land, but subject at all times to revocation by the City by providing a notice of the revocation to the Property Owner. 

6. Entire Agreement:. This Agreement embodies the entire agreement and understanding by and between City and Property Owner with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings between the parties relating to the subject matter hereof whether made orally, or in writing. No amendment or modification or supplement to this Agreement shall be in any event effective unless the same shall be in writing and signed by each of the parties hereto or by their respective successors or assigns. 

7. Notices. All communications, notices and demands of any kind whatsoever which any party may be required or may desire to give to or serve upon any other shall be in writing and delivered by personal service (including express or courier service) or by registered or certified mail, postage prepaid, return receipt requested, addressed as follows:

To Property Owner: Stanley and Barbara Tittle
1985 Minnesota Avenue 
Brentwood, CA 94513

To City of Brentwood: City Manager
150 City Park Way
Brentwood, CA 94513

Any such communication, notice or demand shall be deemed to have been duly given or served on the date personally delivered, if by personal service or shown on a return receipt or other evidence of delivery, if mailed. 

Either party may change its address by written notice given to the other in the manner provided in this Section 7

8. Section Headings. Section headings in this Agreements are for convenience of reference only, and shall not define, limit, describe or govern the interpretation of any of the provisions of this Agreement. 

9. Attorney’s Fees. If any party commences an action, suit, or other proceeding against any another to enforce any terms hereof or because of any breach or violation by any other of any terms hereof, the losing or defaulting party shall pay to the party determined to be the prevailing party (including in settlement) reasonable attorney’s fee, costs and expenses incurred in connection with the prosecution, defense or settlement of such action. 

10. Further Assurances. The parties to this agreement agree to perform all further acts, and to execute all documents reasonable necessary to effectuate the terms and intent of this Agreement.

11. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same document.

12. Representations and Warranties. Property Owner represents and warrants that their are, or he or she is the fee owner of the Property. 

PROPERTY OWNER



Dated: ____________, 2002 ____________________
Stanley Tittle



Dated: _____________, 2002 _____________________
Barbara J. Tittle



CITY OF BRENTWOOD



Dated: _____________, 2002 _____________________
John Stevenson 
City Manager 


ATTEST:



______________________________ 
Karen Diaz, CMC, City Clerk 


EXHIBIT “A”

LEGAL DESCRIPTION


Real Property in the City of Brentwood, County of Contra Costa, State of California, generally known as 1985 Minnesota Avenue, Brentwood, CA described as follows:


APN: 017-010-001



EXHIBIT “B”


A revocable license agreement granted by City to the Property Owner over the northerly 3 feet of Heritage Park, and to install a gate along the northerly property line, and curb cut in Cambrian Place knuckle.

The property owner agrees to accept maintenance responsibilities to the gate and License Area (approximately 3 foot strip of land north of the fence to be constructed on Heritage Park property) and associated drainage onto its lot from the License Area.