HomeMy WebLinkAbout83-29 - City Property at Bayside Drive & El Paseo DriveRESOLUTION NO. 83 -29
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
• NEWPORT BEACH AUTHORIZING THE MAYOR & CITY
CLERK TO APPROVE THE ASSIGNMENT BY YGAL &
SHEILA SONENSHINE TO CLAYTON, CLAYTON &
COMPANY AND DORIUS BAYSIDE OF A LICENSE AGREE-
MENT FOR THE USE OF CITY PROPERTY AT BAYSIDE
DR. & EL PASEO DR.
WHEREAS, on January 7, 1980, the City Council adopted
Resolution No. 9714 which extended the term of a License Agree-
ment to and including January 1, 2005 between Ygal and Sheila
Sonenshine and the City for the use of City property located at
Bayside Dr. and E1 Paseo Dr., in the City of Newport Beach; and
WHEREAS, the parties are now desirous of assigning said
License Agreement to Clayton, Clayton & Co, and Kermit Dorius
with all of the terms and conditions to remain in full force and
effect subject to the transfer of the adjoining property to
Clayton, Clayton & Co, and Kermit Dorius;
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Newport Beach hereby consents to the assignment, by
Ygal & Sheila Sonenshine to Clayton, Clayton & Co. and Kermit
Dorius of that License Agreement, a.copy.of which is attached
hereto as Exhibit "A" and incorporated herein by reference; this
consent conditioned upon the transfer, by.-Ygal and Sheila
Sonenshine, of the property adjoining the easementos:to.Clayton,
Clayton & Co. and Kermit Dorius, and the assumption by Clayton,
Clayton & Co. and Kermit Dorius of all duties and obligations
imposed by said License Agreement.
ADOPTED this 28th day of March , 1983.
ATT ST: f
City Clerk
RSP /Assignment
LICENSE AGREEMENT
THIS LICENSE AGREEMENT, made and entered into this
A; 4a' day of d . • , 1980, by and between the
City of Newport Beach, hereinafter referred to as Licensor,
and YGAL & SHEILA SONENSHINE, hereinafter referred to as
Licensee, and is made with reference to the following facts:
A. On or about February 9, 1950, the Irvine Company,
pursuant to Deed of Conveyance to licensor, granted licensor
a utility easement for water pumping plant and pertinent
purposes over certain real property located at the northeasterly
corner of the intersection at Bayside Drive and E1'Paseo Drive
in the City of Newport Beach; and
B. On or about January 2, 1962, licensor and a general
partnership known as Blurock, Ellerbroek & Associates entered into
a license agreement appended hereto as Exhibit A, which agreement
permitted Blurock, Ellerbroek & Associates the use, for particular
purposes, of a certain part of the above - described property; and
C. On or about September 9, 1974, licensor, by
Resolution No. 8352, assigned the above - described license
agreement to licensees herein; and
D. The parties hereto have agreed to an extension of
the license agreement for a period of 25 years; and
E. That the change of certain conditions, and the
performance of certain acts by prior licensees, the most
appropriate manner in which an extension of the previous license
agreement can be effected is the execution of a new license
agreement containing essentially the same terms and conditions
as the prior agreement with certain minor modifications;
NOW, THEREFORE, the parties hereto do agree, promise,
and covenant as follows:
• 1. Property For and in consideration of the landscaping
and maintenance of the premises, and the performance of all the -
covenants and conditions of this agreement, licensor hereby
grants the licensee a permit, license, and privilege to use
and occupy certain property, subject to the limitations of
use set forth in paragraph 3 below, said property situated
in the City of Newport Beach, County of Orange, State of
California and more fully described as follows:
A parcel of land located on the northerly corner
of the intersection of Bayside Drive and E1 Paseo
Drive, in the City of Newport Beach, as shown on
Public Works Department Drawing No. L -5011 attached
hereto, described in a deed recorded in Book 1971,
• page 122, Official Records of Orange County,
California.
The grant of the license, permit and privilege to
use said real property is subject to covenants,
conditions, restrictions, reservations, rights of
way and easements of record.
2. Term. This license is granted for a term of twenty
five (25) years, commencing January 1, 1980, and terminating
on December 31, 2005. This license may be subject to earlier
termination in the event that licensor abandons the use of said
property for water reservoir and water pumping purposes, or
does some other act inconsistent with the Deed of Conveyance
to licensor from the Irvine Company, causing said property to
revert to the Irvine Company pursuant to that conveyance herein -
above described and dated on or about February 9, 1950.
3. Use. Licensee shall use said property for the
parking of automobiles, landscaping, and for vehicular and
pedestrian access to the buildings presently occupied by
licensees on adjoining land presently in possession of licensees
by way of lease from the Irvine Company. The use of said property
by licensee shall not interfere in any way with the use of
said property by licensor for the purposes for which it was
acquired, to -wit, water reservoir and water pumping plant purposes.
4. Access. Licensee shall maintain, and repave as
necessary, an access road to utilities owned by licensor, at
over which licensor shall have access at all times and without
restriction. All work performed on the road shall be subject
• to the approval and supervision of licensor.
5. Facilities. Licensees shall have no control over
facilities owned or leased by licensor now or hereafter located
on said property, and said facility shall remain under the
exclusive control of licensor. Licensor reserves the right
during emergencies to enter upon any portion of said property
with emergency equipment to service facilities owned or leased
-2-
by Licensor located on said property. Licensor reserves the
right use any portion of said property to add to, remodel, or
remove existing facilities, or to build new facilities at any
time during the term of this agreement.
6. Maintenance. Licensee may, at its sole cost and
• expense, construct and maintain a parking lot and sidewalks on
said real property. Licensees shall, at its sole cost and
expense, 'landscape, beautify, and maintain said real property and
its improvements located thereon in good condition and repair.
Said landscaping and improvements shall be in accordance with
the plot plan attached to Use Permit No. 799, said permit in
the City Planning Department and incorporated herein by reference.
7. Assignment. This license is not transferable or
assignable without the express prior written consent of licensor.
Any attempt by licensee to transfer or assign this license shall
be null -and void, and shall result in the automatic termination
of this license.
8. Indemnification. Licensee agrees to indemnify
licensor, and hold licensor harmless, from any and all demands,
claims and liability for damages derives out of, or are in any
way related to, the use of said premises, construction or
maintenance on said premises, or any other activity engaged
upon said premises by Licensee, or any agent, employee, or
representative of licensee. Further, licensee shall carry
public liability insurance in amounts of not less than $100,000
for bodily injury to one person and $300,000 for bodily injury
in any one incident, together with coverage in the sum of
$50,000 for property damage occurring on said property. Licensor
shall be named as an additional insured on said policy of
insurance and licensee shall file a certificate of insurance
• with the City of Newport Beach City Clerk showing said coverage,
and said certificate must provide that licensor will be given
ten (10) 'days notice of expiration or termination of the insurance
coverage. Failure to maintain the insurance coverage provided
herein shall result in a termination of this license.
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L
9. Breach. Should licensee default in the
performance of this agreement, or materially breach any of
its provisions, licensor shall have the option of terminating
this agreement by giving written notice, by registered mail,
to licensee at the last known address of licensee. It is further
understood by the parties hereto that the licensor shall incur
no liability whatsoever by virtue of any failure on its part
to use the subject property in accordance with the terms and
conditions of the Deed of Conveyance pursuant to which licensor
acquired its easement over said property, said date of
conveyance from the Irvine Company and dated on or about
February 9, 1950.
. IN WITNESS WHEREOF, the parties hereto have executed
this agreement as of the day and year first above written.
ATTEST:
ity Clerk
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CITY OF NEWPORT BEACH
���' �L
By 1
Mayor l
. ljo�vp
V SONENSHINE
S SONENSHINE
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EXHIBIT "A"
T:IT_S A3 iW`IT, Wade a an _ad i:1to this �
uay of / c,. to 1962 .by and betvae:
> 1 i:i? 2 C-ITY OF •+r.`•rP.�3T
P' �� -- )=
3-.., :_- Cn_rei:_aft e__��ed to as Licensor or Cite, and BLLRO ..,
yLLe.3B�03I: & ASSOCIIT?�S, a oartnersii ?, 'lera haste-: refarrad to
as Licensee;
[dITMESSETH:
is 1. Property. For and in consideration of the land-
] scapina and maintenance of the premisas, and the performance of
all the covenants and conditions of this ajreemeat, City hereby
,'rants to Licensee a ,permit, license, .a,id privilege to use a_.3
occupy cer *_pia. property as herein provided situated in the City
of Newport Beach, County of Orange, State of Californi2, describe
as follows:
A _parcel of lard located .o.1 .the Ngrtherl;: cortier.
0= the Ints section of BaySid•e Drive and .1 lPiaseo
Drive, in the City of Na).:-.port Beaca,. as s'10W_, on
F1:Jlic 1.orks Department Dra- i•a13 No. L -5011 attacH2d
hereto described• in a deed recorded iIi Boo': •197, 71,
page 1i2, Official Records of Orange LO�naty, ,
�aiiforni_a.
Subject to cove.. ^.ants, conditions, restrictions, resarvation!
rights of nay, and easements of record.
2. Term. The license is granted for the te_m of t1.-e.
(20) years, co :raencing on January 13, 1962, and'e ding or aece =e;
31, 1331; subject, havever, to earlier tezmilation in the event
City abandons the use of said prop-arty for 1-72ter reservoir and
1-niter purring plant yiurposes, and said prope::ty rave_ts to T::e
Irvine Co_-nany pursuant to the dead of conteya.ace to City dated
February 9, 1950.
3. lice. Licensse shall use said property for t o
of a'1tG^IObi18v, la dS =apin" , arc: f,?T Vel_^.' •� ��. ,
o •.aS= c.... DdCc..S-
trizri aCC °SS t0 its 710oU5 °:i b'1il• 31 '1 `c on ano * _1' nr, _an1c
32 11 f_o -i The I _�Ine Cu-1-.:tanv.
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3 i ' : Clot inr_ �r'ar_ in a'ny [lay '.4iI . t:1•_ ..= 3 O - ' . iG_.p rope_TC j J).
City for the P rpos °_s for which it :Jas ac:c_: to wit, :cater
reservoir- and water p_r3ping plant p•lrpose5.
4. LicenGae shall remove e:•:is ='_n; u= i'_ity [liras above
t_ta s zr,:ace a ad shall place said facilit; es un-Jerground_ Licensec
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i Shall pave and maintain as access TOIId to C _tom utilities. over [J?1<
City shall have access at all times. Ail :•Jor'_: shall be subject tf
tae approval and supervision of City.
b. Licensee shall have no control over. City facilities
now or hereafter located on said property, which wall remaia
under the exclusive control of City. City reserves the right
during emerge_zcies to enter upon any portion of said property witi
e[aergency equip_neat to service City facilities on said.property.
City reserves the right to use anv portio_ of sa_d property to
extend or.remove its existing facilities, or to b\aild _new facili-
ties durinJ
the . term of
this
agre6ment.
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6.
Licensee
raay,
at its sole
cost and expense, constr.
I and tai:ntaill a par1rin.;:- lot and sidewalks on said r--al property.
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License-- stall, at its sole cost and e:nelsa, landscape, baautify,
and naintain said real property and its im?rovemeats located_
t.ereor± is good condition an` repair. Said lands;.aping and i:Pro[
Me_its shall be in accordance with the plot plat: attached to Use
Perzut "rio. '79?, On file in the City Planning Departme' t and incor-
porated herein by reference:
7. This license is not t_Kg.5 erable v4thcut the w ittf
coaseat of Licensor. Any unauthorized tra'as:_r.s'_iail result _r.
automatic termination.
o. Licensee agrees to indemaify and hold City ;- rz-11es:
Lro:.l all der : :.a_ids, clams, and liability for Ua_la ,was- arisia� out O �
or _'20ulti:l° I*'OFa in;ury or daat3 to pe_EO_1s or da :ilaje to 7rOpe_Y_t;
C2' :.5 °.: �YY� 1 I 1 l �l • l l0 \
.: bar, rf�T.: °lay out Ot, o' occ -urr i._ •:O'..eC.._OII wit'- t.__ Lsc
of sa_6 OT2 -i =:i 3$ by Licensee or t._a coastr•:_tio: ,
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103211
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z,.r«x ox. re-. gal of Licensee's ,� t
a:_ili es _cry == :n.
Licensee shall carry public liabilic- insurance in
amounts of not less than $25,000 for bodily -ir.':_ry to' one person
and $50,000 .for bodily injury in azy one accident and $10,000
property damage coverage. Licensee sc►a11 require that the City b
named as an additional .insured on said poll c; and shall file a
certificate of insurance with the.City Clerk showin3 such coverag
which certificate must provide that the City will be given ten (1
.days' notice of.e m iration or .termination of the insurance cpver�
age. Failure to maintain the insurance cov2raoe shall result in
termination of tais•license.
9. ^ Licensee agrees to indemaify the City for .al v loss
from fire caused by-.any activities of'Licensee'.or agents of
Licensee in connection herewith...
10: ligersee sway renew this license :'for. an addi.tiozal
period of £ive :(5) years upon so advis ;G City in writing'no
later than November ,1 1981.
11.
For purposes'of administration, the City .Manager o
City may perform any act on behalf .'of City that is.set'forth in
this aoreeraent, but either the City Manager or Licensee may take
any *natter to the City Council for its decision.
IN WITNESS VMEREOF, - the parties, hereto have executed.
this.agreenent as of tie day and year first above written.
CITY OF YiE'?PO2
By
Mayor
Attest:
4:•`
pity C erc
BL ELLERBROEK &.ASSOCIr1T_a "�
3.•
•
V:'
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191
201
211
22 i
23
24
25
261
27 I
28
29
30
31 II
103211
0
z,.r«x ox. re-. gal of Licensee's ,� t
a:_ili es _cry == :n.
Licensee shall carry public liabilic- insurance in
amounts of not less than $25,000 for bodily -ir.':_ry to' one person
and $50,000 .for bodily injury in azy one accident and $10,000
property damage coverage. Licensee sc►a11 require that the City b
named as an additional .insured on said poll c; and shall file a
certificate of insurance with the.City Clerk showin3 such coverag
which certificate must provide that the City will be given ten (1
.days' notice of.e m iration or .termination of the insurance cpver�
age. Failure to maintain the insurance cov2raoe shall result in
termination of tais•license.
9. ^ Licensee agrees to indemaify the City for .al v loss
from fire caused by-.any activities of'Licensee'.or agents of
Licensee in connection herewith...
10: ligersee sway renew this license :'for. an addi.tiozal
period of £ive :(5) years upon so advis ;G City in writing'no
later than November ,1 1981.
11.
For purposes'of administration, the City .Manager o
City may perform any act on behalf .'of City that is.set'forth in
this aoreeraent, but either the City Manager or Licensee may take
any *natter to the City Council for its decision.
IN WITNESS VMEREOF, - the parties, hereto have executed.
this.agreenent as of tie day and year first above written.
CITY OF YiE'?PO2
By
Mayor
Attest:
4:•`
pity C erc
BL ELLERBROEK &.ASSOCIr1T_a "�
3.•