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Home My WebLink AboutC-2459r CHICAGO TITLE COMPAN) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Todd Swanson Hooper, Lundy & Bookman, Inc. 1875 Century Park East, Suite 1600 Los Angeles, CA 90067 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY F,LE AS E U R = 0);`7M A..r.lACH1ED COPY TC'O s �'E: , 5U1-r . Ll0O COPY of Document Recorded At 1_n_8.._.--_ ___County Recorder Has not been compared with original. Original will be returned when proc�ssirtg .has...�ee�._campleted. __._ __ LICENSE AGREEMENT FOR PARKING SPACES This License Agreement for Parking Spaces ( "Agreement ") is made effective as of February 4, 2009 by and between the CITY OF ARCADIA, a municipal corporation (hereinafter referred to as the "City ") and METHODIST HOSPITAL OF SOUTHERN CALIFORNIA, a nonprofit California corporation (hereinafter referred to as the "Hospital "). RECITALS A. City and Hospital are currently parties to that certain Agreement and Lease, originally made on May 28, 1953, between the City of Arcadia, a municipal corporation, as lessor, and Hospital Foundation of the Methodist Church, Southern California- Arizona Conference, a nonprofit California corporation (as predecessor lessee to the Hospital), covering the real property described therein (the "Premises "), which Agreement and Lease was recorded January 11, 1955 in Book 46609, Page 39 of the Official Records of Los Angeles County, California. The original Agreement and Lease, as amended by six amendments, is referred to herein as the "Lease and Agreement ") B. A recent ALTA survey conducted for Hospital in connection with the Hospital's efforts to obtain financing (the "HUD Financing ") for purposes of updating and expanding the hospital and related facilities operated on the Premises has revealed that certain spaces in Hospital's parking lot, constituting those approximately 11 spaces adjacent to Huntington Drive East which are closest to the corner of Huntington Drive East and Centennial Way, as identified by "cross- hatch" markings on the survey excerpt attached at Exhibit "A" to this Agreement (the "Adjacent Parking Spaces "), are located immediately outside of the boundary of the Premises. C. In connection with closing the HUD Financing, the lender has requested that City and Hospital enter into an agreement memorializing Hospital's revocable right to use the Adjacent Parking Spaces. By this Agreement, City and Hospital desire to provide for and address such revocable right of the Hospital to use the Adjacent Parking Spaces, as and to the extent provided in this Agreement. D. Unless otherwise defined herein, capitalized terms as used herein shall have the same meanings as given thereto in the Lease and Agreement. C3 30- 003 /4 -4 -08 /jnt/jnt _ t _ �! 1 c, C,,.,7 �_ 53 7 4 -//2..7/09 AGREEMENT NOW, THEREFORE, in consideration of the mutual promises set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Use of Adjacent Parking Spaces. City grants to Hospital the exclusive revocable right and license to use the Adjacent Parking Spaces subject to the term and termination provisions set forth below. Hospital shall use the Adjacent Parking Spaces for parking and related uses in support of Hospital's use of the Premises, and otherwise in a manner which conforms to the use requirements applicable to the Premises under the Lease and Agreement. The Adjacent Parking Spaces are provided hereunder AS IS, WHERE IS AND WITH ALL FAULTS AND WITH NO WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 2. Maintenance and Insurance. In consideration for the use rights granted to the Hospital by City hereunder, Hospital agrees to the following provisions. a. Maintenance. Hospital agrees to maintain, at Hospital's cost, the Adjacent Parking Spaces in a reasonable manner and neat appearance, consistent with the manner in which the Hospital maintains the rest of its parking lot. Hospital shall notify City with reasonable promptness of any unusual condition that may develop in the operation of the Adjacent Parking Spaces such as, but not limited to, emergency, accident, fire, flood, damage or casualty. b. Insurance. Hospital shall carry, at Hospital's cost, public liability insurance covering the use the Adjacent Parking Spaces consistent with such insurance maintained by Hospital with respect to the Premises and required of Hospital otherwise pursuant to the Lease and Agreement. 3. Term The term of this Agreement ( "Term ") shall be for a period concurrent with the term of the Lease and Agreement, unless earlier terminated as provided below. 4. Termination. Notwithstanding any other term in this Agreement to the contrary, this Agreement, and the parties' rights and obligations hereunder, shall terminate immediately upon the first of any of the following circumstances or events to occur: a. The expiration or earlier termination of the Agreement and Lease; b. Hospital obtains the ability to provide additional parking spaces equivalent to the Adjacent Parking Spaces elsewhere on the Premises; C. Hospital no longer has a need for the Adjacent Parking Spaces, as reasonably determined by the Hospital; and 1059551.6 -2- d. The use or dedication by City, as has heretofore or may hereafter be required by City, of the portion of the property on which the Adjacent Parking Spaces are located in order to accommodate a turn lane or to allow for street widening. 5. Notices. All notices hereunder shall be provided in the same manner and to the same addresses for the parties as set forth in the Agreement and Lease. 6. Governing Law. This Agreement shall be construed in accordance with the laws of the State of California. 7. Amendments. This Agreement may not be amended or modified except by mutual written agreement. 8. Entire Agreement. This Agreement contains all of the terms agreed upon between the parties with respect to the subject matter hereof. 9. Counterparts and Fax Signatures. This Agreement may be executed in any number of counterparts and by each of the undersigned on separate counterparts, and each such counterpart shall be deemed to be an original, but all such counterparts shall together constitute but one and the same agreement. [SIGNATURES FOLLOW ON THE NEXT PAGE] 1059551.6 -3- IN WITNESS WHEREOF, City and Hospital have executed this Sixth Amendment as of the Effective Date. Attest: "CITY" CITY OF ARCADIA, a municipal corporation �/ n�!L� � By: v1liG By: Cit lerk Robert C. Harbicht, Mayor Approved as to Form: By: ' Stephen P. Deitsch City Attorney "HOSPITAL" METHODIST HOSPITAL OF SOUTHERN CALIFORNIA, a nonprofit California corporation By: Its: Q�¢i 1 059551.6 -4- State of California ) County of L 5 P eS On k/� l 7i o2 00 2 before me. / e 0/1,1j (here insert name and title of the officer), personally appeared Q a , who proved to me on the basis of satisfactory evidence to be the ei's n�hose nameW is/ ,re- subscribed to the within instrument and acknowledged to me that he/she /they executed the same in /her /daeri`r authorized capacity(ies), and that by homer /tbei-r signature(. )-on the instrument the persons or the entity upon behalf of which the person(s)- acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature G�ivl�L�e.� ll (Seal) 1059551.6 -6- _ s State of Californi ) County of� n On MAt6fn 3,e ck D I before me :S4 iJa i/ , )�4 I.,, (here insert name and title of the officer), personally appeared ' who proved to me on the basis of satisfactory evidence to be the person(,4 whose nameK is /* subscribed to the within instrument and acknowledged to me that he /sK /tVy executed the same in his/lVr /tlir authorized capacity(A, and that by his/lir /t r signature(p) on the instrument the person( , or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 1059551.6 -5- IP CMV"kMOn #f 1737 V hibk - C0WftMM O I LM Angwo COW* MY comm. k0ft Apr 7. 11 (Seal) EXHIBIT A ADJACENT PARKING SPACES SEE ATTACHED 1059551.6 CENTENNIAL WAY '4 M, JIM 1059551.5 ff- '- - - - - - -,-- --.I EM ='T 0 IL lZ' HOSPITAL of ,9 $OUTHERN CAUFORMA is