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Home My WebLink About82-30 - Conduits Permit Agreementis u RESOLUTION NO. 82-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERIC TO EXECUTE A PERMIT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND HUGHES COMMUNICATIONS, INC. IN CONNECTION WITH THE CONSTRUCTION OF CONDUITS I'N PUBLIC STREETS (BETWEEN HOAG HOSPITAL AND HUGHES) WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain License Agreement between the CITY OF NEWPORT BEACH and HUGHES COMMUNICATIONS, INC, in connection with the construction of two 4 -inch diameter conduits in public streets between Hoag Hospital and the Hughes plant at 500 Superior Avenue; a copy of said Permit Agreement is attached hereto marked Exhibit "A" and incorporated herein by reference; and WHEREAS, the City Council has reviewed the terms and conditions of said Permit Agreement and finds them to be fair and equitable and that it would be in the best interests of the City to execute said Permit Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the Permit Agreement above - described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the City of Newport Beach. ADOPTED this 22nd day of February , 1982. �ayo ATT�E'S City Clerk 022282 PR RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92663 -3884 Space Above This Line for Recorder's Use Only • PERMIT AGREEMENT THIS AGREEMENT, made and entered into this C?15 � / day of 1982, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation, hereinafter referred to as "CITY ", and HUGHES COMMUNICATIONS, INC., hereinafter referred to as "PERMITTEE ", is made with reference to the following facts: A. CITY controls certain public: street rights -of -way (hereinafter "streets "), located in the City of Newport Beach, County of Orange, State of California, which streets are known as Hospital Road, Placentia Avenue, and Flagship Road. B. PERMITTEE is a private company providing communications services to private customers. C. PERMITTEE desires to construct two conduits (hereinafter also called improvements), each four inches in diameter in said streets in order to connect a microwave antenna located on top of a tower at the Hoag Memorial Hospital, Presbyterian, with a private office building located at 500 Superior Avenue in said City of Newport Beach; the location of said conduit as shown on the drawing which is attached to this Agreement as Exhibit "A" and incorporated herein by reference. PERMITTEE acknowledges and agrees that other permits and permit requirements may be imposed by CITY as a condition precedent to what is contemplated by this Agreement. D. The design of the improvements is in accord with currently accepted engineering standards. E. CITY desires to condition its approval of the construction of the improvements as set forth in Exhibit "A ", and the parties agree that an Agreement • providing for the fulfillment of these conditions, imposed by CITY on PERMITTEE, is appropriate to guarantee performance of those conditions. NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: 1 of 4 1. RIGHTS OF PERMITTEE CITY hereby grants to PERMITTEE the right to construct, reconstruct, install, maintain, use, operate, repair and replace the improvements, all in substantial conformance with plans and specifications therefor on file in the Public Works Department of the City of Newport Beach, in, over and across those • certain easements described in paragraph.A above. 2. PERMITTEE'S DUTIES PERMITTEE shall properly and regularly maintain the improvements and shall timely pay all costs and expenses incurred during said maintenance. In the event that PERMITTEE fails to properly and /or regularly maintain the improvements, CITY may, at its option, remove the improvements or assume the maintenance of the improvements, and PERMITTEE agrees to.pay all costs incurred by CITY in removing or maintaining said improvements, should CITY assume its right to do so, pursuant to this paragraph. 3. TERM OF THE AGREEMENT Rights granted under this Agreement shall terminate twenty (20) years from the date of this Agreement unless earlier terminated as provided herein. In the event that CITY desires to use the easement for street or public purposes, CITY may terminate this Agreement by giving sixty (60) days' notice of its in- tention to so do, specifying in said notice the date of termination. CITY shall incur no liability whatsoever in the event of any early termination of this Agreement and the consequent removal of improvements by the CITY. 4. REPAIRS CITY has the right to make such repairs to the improvements as it deems necessary for the protection. of the general public, health, safety and welfare. PERMITTEE hereby grants to CITY the right to make repairs as provided herein, or to remove improvements in the event of an early termination of this Agreement, because of the need of the CITY to use the easements for street or.. public purposes. 5. INDEMNIFICATION • PERMITTEE agrees to indemnify and defend CITY and its officers and employees, and to hold the CITY harmless from, any and all demands, claims, losses, or liability that arises out of or is in any way related to, the con- struction, use, maintenance or repair of said improvements. 2of4 6 • • 6. BREACH In the event PERMITTEE breaches any provision of this Agreement, CITY may, in addition to other legal remedies available to it, terminate this Agreement. CITY may enter upon the easement and remove all or part of the im- provements installed by PERMITTEE pursuant: to this Agreement. Termination because of breach shall be upon a minimum of ten (10) days' Notice, with the Notice specifying the date of termination,. 7. SEVERABILITY The provisions of this Agreement are independent and severable and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. 8. RECORDATION Each of the parties hereto specifically consents to the recordation of this Agreement in the Office of.the County Recorder in and for the County of Orange, State of California, and all the covenants, restrictions and charges hereunder and all their benefits and burdens shall run.with the land, pursuant to Section 1468 of the Civil Code of the State of California. 9. ASSIGNMENT The terms and conditions of this Agreement shall be binding upon the successors.and assigns of PERMITTEE and shall also be binding upon permittees who take title to the property by reason of foreclosure, trustee's sale or other- wise 10. NOTICE When notice is to be given pursuant to this Agreement, it shall be addressed as follows:. CITY City of Newport Beach Office of the City Attorney 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92663 -3884 PERMITTEE Hughes Communications, Inc. Post Office Box 92424 World Way Postal Center Los Angeles, CA 90009 Attention: C. T. Whitehead, President 3of4 Notice shall be deemed given as of the date of mailing and notice shall be addressed as above and mailed first class, postage pre -paid thereon. Executed the day and year first above written at Newport Beach, i California. • ATTEST: 'Oity Clerk APPROVED AS TO FORM AND CONTENT City Attorney CITY OF NEWPORT BEACH, a Municipal Corporation By��og / yor HUGHES COMMUNICATIONS, INC., a Corporation To ation) O(Corporation) STATE OF CALIFORNIA l COUNTY, OF / SS. �-_4-�7tLC'��s/ ))) `-- before me, the undersigned, a Notary Public in and for said Ton e e"� State, 'personally appd dZa I �✓ �2 �/`�� W known to me to I [he President, and W known to me to be Secretary of the corporation that executed the within Instrument, X %uto me to be the persons who executed the within ment on behalf of the corporation therein named, and owledged to me that such corporation executed the within m ument pursuant to its by -laws or a resolution of its board directors. WITNESS my hand and official seal. OFFICIAL SEAL 1 S7 ELEANOR R MC LEMORE NOTARY PNCEL • CAUffYR NIA Signature �iyyw�l� EQ LOS ANGELES COUNN /� Ze C0 IUN 18, 9H4 C e,#A/D2 147 t oaMY Name (Typed or Printed) IThl, nme for aM.W W.H.1 ,ean T V, Y v v y 00, 0 R Or ggel�77&7.e Z /X'. rcov .4,NV7- ,V ON 7;::qc7 0.4= PPESBYTG,emN pO • .41 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT' —4AI 7- .,=ZAvAofi 7 449REC- "jim C0""41,V1Cd71'e5loV, IM6 N N t V Nz OQN NI) W. DATE FE /9G APPROVED PUBLIC WORKS DIRECTOR R.E. NO. L2-0—e6 DRAWING N0,/W-5 ,e/ 7 "L