ATTACHMENT #3
DPW: 420-59; 421-80\ev\Council\2026\041426\ Purchase and Sale Agreement (524 W Janss Rd) Att 3.docx
License Agreement for the Use and Maintenance of the Public Right of Way Adjacent to 524 Janss Road
This revocable License Agreement is entered into on this 14th day of April, 2026, by and between the City of Thousand Oaks, a California Municipal Corporation, hereinafter referred to as City, and Conejo Recreation & Parks District, a California recreation and parks district, hereinafter referred to as "CRPD." City and CRPD are at times collectively referred to as the “Parties.”
RECITALS
A. City intends to convey certain real property located in the City of Thousand Oaks, County of Ventura, State of California, commonly referred to as 524 West Janss Road, Thousand Oaks, CA 91360 (“Janss Property”), to CRPD to be used for public recreation purposes.
B. City controls right-of-way adjacent to the Janss Property consisting of landscaped sidewalks, more specifically described in Exhibit A (“Property”), to provide for pedestrian access in and around the neighborhood.
C. The Property and the Janss Property share irrigation and other utility improvements, and access to the Property is necessary to properly maintain the Janss Property.
D. CRPD desires access to the Property to perform maintenance on and around the Janss Property, and to use the Property for any other lawful purpose. In return, CRPD agrees to also maintain the Property.
E. This Agreement represents a balance between the City’s desire to allow maintenance and other appropriate activities on the public right-of-way, and to ensure adequate space for safe pedestrian circulation. The terms and conditions of this Agreement are important to protect public health, safety, and welfare for all uses of the public right-of-way.
NOW, THEREFORE, in consideration of the mutual and reciprocal promises of City and CRPD, respectively, and for other good and valuable consideration, the Parties agree as follows:
1. Scope of License. CRPD may encroach, as that term is defined in Thousand Oaks Municipal Code Section 7-2.204, on the Property. CRPD’s access to the Property is non-exclusive and the public’s use of the Property shall not be unreasonably restricted.
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2. Pedestrian Access. CRPD shall maintain at least a four (4) foot path of travel for pedestrians, including disabled persons, on the existing public sidewalk.
3. Maintenance. CRPD shall maintain the Property in a safe manner and in accordance with all applicable city codes and standards, including, but not limited to, Road Design and Construction Standards and the City’s Forestry Master Plan.
CRPD shall maintain in good working order, at its sole expense, all landscaping, sidewalks, irrigation and other utilities on the Property. CRPD shall immediately repair, at its sole expense, any damage to the Property. CRPD shall keep the Property clean, litter free and operationally maintained, and shall pressure wash the concrete area as needed, as determined by the City of Thousand Oaks Public Works Director.
4. Utilities. CRPD shall, at its sole expense, provide all utilities necessary to maintain the Property, including, but not limited to, water and electricity.
5. Term. This Agreement shall be effective on the date listed above and shall continue for a period of five (5) years. This agreement shall automatically renew for two (2) additional five (5) year renewal terms, unless either party notifies the other party of its intent not to renew this agreement at least thirty (30) day prior to the end of the initial term or any renewal term. Either party may terminate this agreement for any, or no, reason upon providing thirty (30) days written notice to the other party.
6. Insurance and Indemnity.
a. Insurance Requirements. CRPD, at its sole cost and expense, shall carry general liability insurance coverage at least as broad as Insurance Services form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate for bodily injury or death of a person or persons, and property damage. The City, its elected officials, officers and employees shall be named as additional insured. A separate additional insured endorsement shall be provided. CRPD shall annually provide updated certificates for all policies, with the appropriate City additional insured coverage and endorsement, to City's Public Works Department. The insurance policies shall not be subject to cancellation without thirty (30) days written notice to the City Public Works Department.
All insurance policies shall be issued by a financially responsible company and/or companies authorized to do business in the State of California.
CRPD may, at its election, self-insure some or all of the required insurance.
b. Hold Harmless. CRPD shall hold the City, its elected officials, officers, and employees, harmless from all claims, demands, lawsuits, judgments, damages, losses, injuries, or liability, which damages, losses, DPW: 420-59; 421-80\ev\Council\2026\041426\Purchase and Sale Agreement (524 W Janss Rd) Att 3.docx
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injuries, or liability arising from, or related to, the use or maintenance of the Property, or CRPD’s performance of any activity or work required or allowed under this Agreement.
c. Indemnification. To the fullest extent allowed by law, CRPD shall indemnify, release, defend and hold harmless the City, its officers, agents, employees and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney’s fees, expert fees, and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of the owner’s officers, agents and employees or from any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney’s fees, expert fees, and administrative costs arising out of, resulting in any way, or connected with, in whole or in part, this Agreement or CRPD’s occupancy, use or misuse of the premises, including any improvements or personal property located thereon.
d. Risk of Loss. CRPD shall assume all risk of loss, damage, or injury to CRPD, or its property, arising out of or connected to its use or encroachment of the Property pursuant to this Agreement. e. The City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by the City, or the deposit with the City, of any insurance certificates or policies described in section a. above.
7. No Assignment.
The license herein granted is personal to CRPD, and except for assignments by operation of law, CRPD shall not transfer or assign this agreement, or any of the obligations hereunder, except with the written consent of the City. In the event of an assignment by operation of law, the City may terminate this agreement ten (10) days following the issuance of written notice to the then current licensee.
8. Surrender and Restoration.
Upon termination of this Agreement, CRPD, at its sole cost and expense, shall remove any improvements placed on the premises, remove any personal property there from, restore the premises to its condition prior to this license, and cease any further use of the premises as provided herein. Should CRPD neglect to restore the premises to a condition satisfactory to City, City may perform such work or have such work performed, and CRPD shall immediately reimburse City for all direct and indirect costs associated with such work upon receipt of a statement therefore.
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9. Applicable Law.
The encroachment and activities authorized under this agreement are subject to all applicable laws and regulations including, but not limited to, the Americans with Disabilities Act (ADA), Title 24 of the California Code of Regulations, and the City of Thousand Oaks Municipal Code.
10. Notices.
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY: City of Thousand Oaks
Attention: City Engineer
2100 Thousand Oaks Boulevard
Thousand Oaks, CA 91362
TO CRPD: Conejo Recreation and Park District
Attn: General Manager
403 W. Hillcrest Drive Thousand Oaks, CA 91360
Phone: (805) 495-6471
Email: [email protected]
11. Signatures.
a. Counterparts. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.
b. Scanned Signatures. In the event that any signature is delivered by facsimile transmission or submitted electronically as a scanned image (i.e. files with .pdf, .tiff or .jpeg extensions), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or scanned signature page were an original thereof.
c. Digital/Electronic Signatures. This Agreement may be executed through the use of digital or electronic signatures provided they meet the requirements of the Electronic Signatures in Global and National Commerce (ESIGN) Act and the California Uniform Electronic Transactions Act (UETA) and are produced using a City-approved method. The presence of an electronic signature on this document shall be construed as the parties’ consent to do business electronically.
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IN CONCURRENCE and WITNESS WHEREOF, the undersigned have executed this Agreement.
“CRPD”
Conejo Recreation & Parks District
Dated: __________________ ___________________________ James Friedl, General Manager
CITY OF THOUSAND OAKS
A municipal corporation
Dated: ___________________ ___________________________ Nader Heydari, PE, Public Works Director
ATTEST:
____________________________
Laura B. Maguire, City Clerk
APPROVED AS TO FORM: APPROVED AS TO ADMINISTRATION
Office of the City Attorney
____________________________ ___________________________ Noel Doran, Assistant City Attorney Andrew P. Powers, City Manager DPW: 420-59; 421-80\ev\Council\2026\041426\Purchase and Sale Agreement (524 W Janss Rd) Att 3.docx
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EXHIBIT A
PROPERTY DESCRIPTION
The Public Right of Way Adjacent to 524 Janss Road is the area included in the below aerial map shown in a bold orange outline, bound by West Janss Road to the north & east, the 524 West Janss Road (APN 552-0-034-125) property to the north & west, the Ferndale Place roadway to the south & west, and the residential properties along Ferndale Place and Darkwood Circle to the south & east.