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HomeMy WebLinkAboutC-785 - License agreement (noted in black contract binder - not verified)CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER March 28, 7.983 TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: TRANSFER OF THE BAYSIDE DRIVE AND EL PASEO DRIVE LICENSE AGREEMENT Background COUNCIL AGENDA No, APPROVED � - `5,3 -0�n 0 303153 In February 1950, The Irvine Company conveyed to the City of Newport Beach a utility easement on a piece of property locatcd at the northerly corner of Bayside Drive and E1 Paseo Drive. Attachment 1 is a sketch of the subject parcel. For a time, the City operated a pumping station at this location; however, the station has since been abandoned. The City still retains some piping and valving in the easement area and it is for this reason that the easement itself has not been abandoned. Pursuant to a License Agreement approved by the City Council on January 7, 1980, Ygal and Sheila Sonenshine, dba Raygal Design Associates, utilize the property for landscaping and access in connection with the adjoining parcel. The term of the subject License Agreement is until the year 2005. Proposed Transfer of Agreement Attachment 2 is a letter and associated background material from a Mr. Clayton, requesting assignment of the License Agreement from Mr, and Mrs. Sonenshine to Mr. Clayton's firm. As noted in the letter, the assignment would become effective upon successful closure of escrow relative to the adjoining parcel. Included with the attachments are the escrow instructions, which include assignment of the subject lease as a condition. As noted in the letter from Mr. Clayton, all terms and conditions of the existing agreement would remain the same. Suggested Action It is suggested that the City Council approve the proposed as- signment, subject to the closing of escrow on the adjoining {pr eQrty- �J ROBERT L. WYNN / City Manager RLW:GJB;mm attachments ATTACHMENT 1 r d N W' as \•�/- '.riisr. .:7 �/.f 1h°wn rr /ha _ �___ ..__��.CesJ�s.r Jg ���_ M o.�G°rnnan �in� mrJp o/J /Chca' � 'J I°Oa�drrs irs!o�.feC e•/J -36 qj� i Vm: VI I 1 I J A C K S . R A U B LAND SURVEYOR O. BOX 695. COSTA MESA. CALIFORNIA LICEN9i No. 2312 SKETCH SHOWING LOCATION OF JVE!/t/F•�0.2T BEAC/� !�' /ATE.6 OEP.- �.eTMEJV7' PGA/VT /V °.3 JVCY /P0.2T BEACh; C.�L /�. Uar SCALc FIELD 0 OOK CwLC. COOK I �.;.-? J�sn /"•. •FO I / N - i7 I �. 9d - /o/ JOc No. 6,17r- I'a K,, I � V i .•r. 1 �.•B�rri•..M Few S /.va /R.�� a •oYZ V/ i N W' as \•�/- '.riisr. .:7 �/.f 1h°wn rr /ha _ �___ ..__��.CesJ�s.r Jg ���_ M o.�G°rnnan �in� mrJp o/J /Chca' � 'J I°Oa�drrs irs!o�.feC e•/J -36 qj� i Vm: VI I 1 I J A C K S . R A U B LAND SURVEYOR O. BOX 695. COSTA MESA. CALIFORNIA LICEN9i No. 2312 SKETCH SHOWING LOCATION OF JVE!/t/F•�0.2T BEAC/� !�' /ATE.6 OEP.- �.eTMEJV7' PGA/VT /V °.3 JVCY /P0.2T BEACh; C.�L /�. Uar SCALc FIELD 0 OOK CwLC. COOK I �.;.-? J�sn /"•. •FO I / N - i7 I �. 9d - /o/ JOc No. 6,17r- 0 0 ATTACHMENT 2 CLAYTON, CLAYTON & CO. 2909 S. HALLADAY, SANTA ANA, CALIFORNIA 92705 • 714-545-9633 March 17, 1983 Mr. Jerry Bolint, Asst. City Manager City Managers Office City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, Calif. 92663 Dear Mr. Bolint Clayton, Clayton, & Co. and Kermit Dorius request the City of Newport Beach to substitute " Clayton & Dorius Bayside " in place of Ygal & Sheila Sonenshine for the existing License Agreement for real property located at El Paseo & Bayside Drive. We are presently in escrow to buy this property and ask that this action be taken subject to our successful closing of this escrow. Our intended use of this property would remain the same and we agree to abide to all present conditions and requirements of the License Agreement. I am enclosing a copy of the License Agreement for your reference and would appreciate the necessary action to be taken at your earliest convenience. Nec /ac 3 Yours truly Nick Clay on 0 RESOLUTION NO. 9 7711 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EXTENSION OF THE LICENSE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND YGAL AND SHEILA SONENSHINE FOR THE USE OF CITY PROPERTY AT BAYSIDE DRIVE AND EL PASEO DRIVE WHEREAS, on January 2, 1962, the City of Newport Beach and Blurock, Ellerbroek & Associates entered into a License Agreement for the use of property over which the City owns a utility easement for water pumping plant and appurtenant purposes, located at the northeasterly corner of the intersection of Bayside Drive and E1 Paseo Drive in the City of Newport Beach; and WHEREAS, by Resolution No. 8352, adopted by the City Council on September 9, 1974, said License Agreement was assigned to Ygal and Sheila Sonenshine as community property; and WHEREAS, Ygal and Sheila Sonenshine have requested an extension of said License Agreement for a period of twenty - five (25) years from and after City Council approval of said license extension; and WHEREAS, said license would terminate by its own terms on December 31, 1981; and WHEREAS, the City Council finds said extension to be in the best interest of the City, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby consents to the extension of the License Agreement hereinabove set forth to January 1, 2005. ADOPTED this 7th day of January 1980. ATTEST: I L��— City Clerk i Mayor CE XD AS A TRU11'7 CORRECT COPY CYI CINa 0f 1..: Un CI nr,r r01 I�CM HRC /kv JAP; ) 1 198p_, 12/27/79 LICENSE AGREEMENT E THIS LICENSE AGREEMENT, made and entered into this day of _ 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 5- -1- 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 Pasco 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, 1960, 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 tines 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 0 0 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 7 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 o£, 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. -3- • • 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 8 -4- CITY OF NEWPORT BEACH By Mayor I � ,/' Y L SONENSHINE/ S SONENSHINE 1 E i I IOXHIBIT "A" 1 1 I LICE'! SE 2I f; 3.1 THIS LIC°.'ISv- ACR -H::NT, made an,- antexd into tS'_s 3.g 4 I� uz -y of : /.c v �:.c , 1962, by and between t:ra C :Y Cc :i? ,P, 5 �� 33�C fn_r°_ina'cte- referred to as Licenser or C_117, and BLUROCK, ELLERBR03F S ASSOCIATES a partnership :?e_zi ^.a o b , , _ter refzZrad to I as Licensee; 8 11IT TSS°TH: . 9 i 1. Property. For and in coasidara_tioz o -*•the Iand- 101 scaping and maintenance of the premises, and tae perform-rfo= -.ance of 111 all the covenants and conditions of this a,reamezt, City hereby 12 fi � grants to Licensee a permit, license, aid privilege to use and 13� occupy certain property as herAin provided situated in the City 14 I of Newport Beach, County of Orange, State of California, descrio 1511 as follows 16 i� A parcel of land locate., on.th_ i ??rthArly corner II of the Intersection of Bayside Drive and E. paseo 1711 Drive, in the City of N2tapor_ Beach,. as shoxr. on Aiblic Norzs Department Dra:•:ing No. L -5011 attacacd 18'j hereto described' in a deed racorded in Boo!: 797 ^% pale lk, Official Records'of Oran3e Comet,:, 19r California. it 201: SuSje_t to covenants, co:?ditioas, restrictions, raszr:ation ji rights of way, and easements of record. 21 22 li 2. T•zrm. The license is granted for t! -- tarn of tu:e 23 (2J u ) years, co:meaciag.on January 1, 1962, and'en• ing o. Je Deee 24 31, 1931; subject, however, to earlie_ tel -minati0n in tae event - 25� City abandons the use of said proparty for Crater reservoir end II 26ij water pum?�ing plant purposes, and said nrope_tr rev ° -rG to ; -._ try I' Irvine Co-Tany pursuant to the dead of conveyan ce to City Cate' 28 February 9, 1950. 29 I 3. Use. Licensee shall use sa_d property for t _ 30, a ` a- -,tcmobilcs, landscapin-;, ai £oz . _- -::ar c.. oetas 31 ii .Zia: access to its proposed bail - =i ?:; o'o 32 i� f_o-a T1 ?e L':tiine Cunpa ny. The us, o= s--id .,ro:z_c•: b; - 1 a aot9 �r=era is env way . - = ..• 1_c 21 for tea parpos -2s for which it was to wi', water 3II rest =✓oir.and water pumping plant p_rposes. 4 w.Licersae shall recto.;_ e; :is uCi'it, _s above 5 fire surface a_td shall place said facilit _ aslu:der3round.- 'License 6Ii 311a'_1 pave and ma stain an access roar to p Citc utilities ov=_.- pii. 7j! City shall have access at all tires. All wor °_c shall be sub;ect t+ 8 j the a p proval and supervision o_` City. 9I! S. Licensee shall have no control ovar.City facilities 10ji' i now or hereafter located on said property, which shall remain 11� under the exclusive coatrol of City. City reserves the right 12;� during emergencies to enter upon any portion of said property wit, 13 j; euergezcy equipmeat to service City facilities on said property. P 14� City reserves the right to use any portio; of said property to 1$ a -.tend cm-re-move its existing facilities, or to build mete fac4li- 16'; ties flaring the term of this agree.•eent. 171 6. Licensee may, at its sole cost and expanse, contra 18:1 and mintain a par loci' lot and sidewal:w oz said real property. 1911 Licenses shall, at its sole cost and expense, landsca ?a, beautify, 4 20.11, and maintain said real property and its imroveaencs located. 21 R thereon in good condition and re air. Say c la ? _ ndsrap-,a, a- 22 d i* roe 2211 r to Use rents shall 'oe in accordance vaith the plot plan attached ' 23�i Pe =hit -No. 79-1, an file la the City Planning Departmeht and inccr- 24 posted herein by reference. 25 I! 7. This license is not transferable v:ithc_t the v,ritt: 26 coaseat of Licensor. Any unauthorized trans : =r,s'tai1 result r 27 r automatic tsr3ination. 28 r o. Licensee agrees to ind_z.ify and 'hold City .argil as: 29 l! fro..i all der :ands, claims, and liability for arising ott o. I� - y 30 Or r_GIIltl'.7- fro.-.2 in"iry or death to persc]s or daaa,;e CO 7rop9rC: 31 y C:'.zej by, v Ory:2.ly Oat O' Or OCC,irr_:: 1:+ SO ::2C::Oa :SLt.? CST. C3, 32 I of sa'_d ,ra ; _ +s by L_ceas or t::_ coastr.c,ir: � - - ' 2. E ial of Licensee s fa=ili Wn ,In. I 2 I Licensee shall carry public liabilir; _nsuraace in 3Ij amounts of not less than $25,000 for bodily in _ry to one person I 4 r and $50,000 for bodily injury in any one_accideac, and $10,000 5 property damage covera &e. Licensee shall require that the City t I 6 I named as an additional insured on said policy and shall file a 7 j certificate of insurance Fith the City Clerk showing such coverag 8 which ce:�ti£icate must provide that "the City will be givea tea (1 9 I,days' notice of expiration or termination of the insurance cove =- . 10 !I age. Failure to maintain the insurance covzraoe shall result is- 11 ; termination of this license. 12 9.. 'Licensee agrees to indemnify the City'for %any loss 13 from fire caused by .any activities'of Licens'ee.or agents of 141 Licansee in con-iection he ewith . 15` 10 License_ may renew this license for an additional 16 I` period of five =(5) years upon so advis#*& City in writing'no M. A 17 II later than November.l, 1981. 18 ' 11. .,.For purposes. of administration, the City.Manager o_ 19 I City may perform any act on behalf:of City that is.set' forth in 20 1; this agreement, but either the City Manager or Licensee may take If 2111 any matter to the City Council for its decision.:. 22 II IN WIT,YESS WHEREOF, the parties hereto have executed. " 23 ; this agreement as of the. day and year fiist above written. ' 24 ; CITY LOF `�?IP02 BB A ^H 25 BY/ C �� 26I� `v. .. Mayor Attest: 28 I City C er< 29 I 30 BL ,,� ELLERR930DE�h�& ASSSOCIi1Tc', � By��l 31 U 3.. I " v.1 _rrr� . ,45. p� AFCC Q record, if any. 46, .81'r Nortn 1lruad� +ay. :.jnta Ana, Calll n:n.:, 3. A deed of Trust. of record, securing a Note with an approximate unpaid balance isu u.. ro 90107 Ese,aw JU,,,n xa Ci,° !�..lun^ 1. . -.. Date. Febrca;v 14, 1983 49. of record. ' 50. 1. Buyer has handed escrow holder the sell of----------- ---- -- - - -$ 5,000.0 4. 2. 3 and upon signing of these instructions shall deposit the, 4. additional cash in the amount of­ ----------------------- - - -$ 5,000.00 5. 6 and will execute an All- Inclusive Trust deed and note in 7. the amount of ------------------------------------------------ 580,000.00 8. 9 and prior to close of escrow will deposit the additional 10 cash downpayment in the amount of ------------------- 11. 12 TO COMPLETE A TOTAL PURCHASE PRICE OF --------------- 13. 14. 15, 16. 17. 18. 19. 20. which you are Instructed 10 use vACn you can obtain a CLTA Smnd.vd coverage 21. 22. fens policy of title insurance c.etainurg the .nsuno9 clauses, a +ce pt .o 23. cstonvrily contained in the l.uned ly Avis ions of c,rh loan web lialu lily not 24. dew,teng the land to d.e . City of Newport Beach 000.00 - - -$ 700,000.00 JOINT PROTECTION prnvi.mn> and sti Vulatrans less 11,11, s .,700, 000.00 25. County of ,_Orange ... State of California dcscrmen as 26. 27. 28. 29. 30. 31 32. 33 COMMIONLY KNOWN AS: 1550 Bayside Drive 34 Newport Beach, CA 35. eawen g "-Fee Title 36. 37. nsael landvesledio . CLAYTON, CLAYTON 6 CO., AND KERMIT DORIUS, AND OR NOMINEE 38. complete vesting to follow in writing prior to close of escrow. 39. 40. subject to: .. 41. 1. General and special real property taxes for the fiscal year 1983 -84, 42, a lien not yet due and payable. 43. y . 44. 2. Covenants, Conditions, Restrictions, Rights, Rights of Play and easements of ' ,45. record, if any. 46, 47. 3. A deed of Trust. of record, securing a Note with an approximate unpaid balance 48. _ of $ 81,844.90 , per its terms of record, in favor of the lender 49. of record. ' 50. 51. 4. A deed of Trust of record, securing a Note with an approximate unpaid balauco"- 52. of $ 117,930.26 per its terms r.f rmcoid, in favor of the lender 53. of record. 54. 55. 5. An All- inrlusive Deed of Trust to record securing an All - Inclusive Note for 56' $58o,000.00, to be executed by Ruycr herein, in favor of the Seller as their 67' vesting now appears of record. payable at a Place 'designated by Renoficiary, 58 bearing interest beginning sixty days from the close of escrow, at the rate 59 of 10.0% per annum, Note to be payable monthly in interest only P P Y y Payments beginning fill 61 ninety days from the close of escrow and continuinq until 5 years from the close of escrow, at which time the then unpaid principal balance plus accrued interest 62 is all due and payable. Escrow holder is authorized and instructed to 6athe �1n'dorse already executed Note at the close of escrow with interest accrual .•y�ament and due dates. 59z fir S S 67 67 Eft. 69, teae, q �, v•i 11.131 K:. t. 1:VNS II.UN I' 7 TO: SAFECC Ti fl_E INSURANC[- C]M PANY 90107 Um February 14, 1983 i TERNS AND CONDITIONS OF .THIS TRANSACTION: 2. 3. Escrow holder is directed NOT to obtain a Beneficiary's statement from Um 4. holder of -the First Trust Deed of record, as Buyer /Vestee has inspected the 5_ terms, conditions and provisions of said Deeds of Trust and has satisfied 6 themselves as to whether or not there are any acceleration clauses or other 7_ conditions that may make the entire balance and unpaid interest due and 8 payable upon the transfer of the title to the real property, an, if so, Buyer 9. Vestee agrees to take posession subject to that infirmity. Buyer and Seller 10. hereby hold harmless and relieve Escrow Ho: let and Safeco Title Insurance 11. Company of any liability and /or responsifility in connection with said Deeds 12. of Trust by reason of compliance with these instructions. 13. 14. any transfer of fire insurance and /or proration thereof, or new insurance 15� covering this property shall be handled by the parties hereto outside of this t6. escrow with which Safeco Title Insurance Company shall not be concerned and 17. is relived of any and all liability and /or responsibility in connection 18. therewith. 19. 20. IT IS FULLY U14DERSTOOD BY THE PARTIES HERETO, THAT EXECUTION OF THE ALL - INCLUSIVE 2 222 DEED OF TRUST BEING CREATED IN THE ABOVE NUMBERED ESCROW CAN AND LIKELY WILL, . CREATE OR CHANGE EXISTING LEGAL RIGHTS OR OBLIGATION RELATIVE TO SUCH THINGS 23. AS, BUT NOT NECESSARILY LIMITED TO, DEPRECIATION ALLOWANCE, PROPERTY TAXES AND 24' INTEREST DEDUCTIONS. THEREFORE, EACH PARTY HERETO SHOULD SEEK THE ADVISE OF 25. LEGAL COUNSEL BEFORE SCUTION OF THIS DOCUMENT AND THE ALL-INCLUSIVE NOTE. IT 20 IS FULLY UNDERSTOOOD '1HAT SAFECO TITLE INSURANCE. COMPANY SERVES MERELY AS AN 27. 28. ESCROW AGENT AND CANNOT GIVE LEGAL ADVISE TO ANY PARTY HERETO. 29. 30. THIS ESCROW IS CONTINGENT UPON THE FOLLOWING!' - 31, 32 1. Buyer will have thirty (30) days from opening of escrow to determine 33 that the mechanical, roofing and structural components, etc., are at 34 Buyer's sole discretion acceptable. Seller allows Buyer or Buyer's respre- 35 senatives the right of entry during normal business hours for inspection 36: and architectural studies. If no written disapproval is received by the 37 Buyer within thirty days from t:,e above date this contingency shall be deeded 38. approved. - 39. 40. Z. Buyer will have sixty (60; days from openina of escrow to receive 41 the following approvals: 42 la'). Land lease with the Irvine Company. 47, (b). License agreement with the City of Newport Beach. 44 If no written disapproval is received within sixty days from the above date this 45. contingency shall be deemed approved. 46. 47 3. Buyer shall have ninety '(90) days from escrow opening to relieve a building 48 hermit to remodel the existing buiiding.. Buyer intends to remodel the building 49 to better accommodate Buyer's use as an office building including painting: 50. landscaping, structural and architectural elements. Buyer will in no way change 51 the existing architectural elements. Buyer will in no way chance the existing 52 building's size, height or configuration and any and all improvements shall 53 be accomplished with permits and lawful governmental inspections. If no written 54 disapproval is received within Ninety days from the above date then this contingency 55 shall be deemed approved, 56 57 Seller herein agrees to cooperate with Buyer to obtain any necessary approvals 5R needed to close this escrow. 59 60. If the above conditions above items 1 through 3 cannot be approved satisfactorily 61. to Buyer, within the ninety (90) day escrow period, then Buyer, at euyer;s fit option, may extend this escrow an additional thirty (30) days by releasing 63. the Ten Thousand ($10,000.00) Dollars deposit then becomes a non - refundable deposit ' 64 and in this event, the deposit paid to Seller shall be compensation in fell 65. to Seller for any and all of Buyers obligation by way of liquidate damages 66. and Seller shall have no further claim against buyer, however if this escrow 67. is consummated the Ten Thousand ($10,000.00) shall be applied towards the 68 purchase price at the close of escrow. To any event escrow holder will need 69 further written instructions to release said funds. ��i 70. 71. (P 2 ) -13 1 BIGP.ATE as of..close of WU'r Fill daiJw1111 taxe5 ..... . 2. ... ....... ............. 3, ASSrmre a 30 day month in any VrMate herein y vuh tl. ono unle" tpC I.....1 mherw6e m54 e4t you. "IF are 10 4, use the mdonmapon t,.mamal in Ilia last dvai it •Ie Y la. ilal A'nC nl rental statement :is pinvrned by the seller, beneficiary's 5 statement, and fire insurance tiolrcres delivered none eso uw lot One lu,eales Pr ov idea above. In the event any Wnelagrary's 6. en,lerrem reveals a deposit. account or funds for a future payment of taxes. msmrance m Dore, pauut, payment cbliganuns of the 7. loan, you are to. .N /.A .. ... .. . S. Your agency as escrow holder shalt terminate six months louowing Ibe date set thin next below, and shall be sublecl to 9, earlier nin,"alien by receipt by yell lyior to close of etiCtuw nt N'ittten nelce "'ned, III rn WSe this "crew ha$ nqt been 10. placed in a condition to close by. Not latter than June 14, 1983 by any party here lo. or 121 it received pr'mr 11. to said dale. but after (there shall Nave beenl a failure of a cori or "In n 'e to be coimplied with or pedonu ed on 12. or betwe a date. or within a period, staled herein, ?turn by any party other than it patty responsible for such compliance or 13, trdormance, Any such revocation shall be effective brain c,h,,1 of such notice. but you shall nob pier the documents of 14. deposits of the revnkfnp party Pith to ten days after you have mailed a copy of such notice to each of the other parties. 15, Your knowledge of matters affecting the property. Provided such facts do net prevent compliance will, these in,iVuclior5. 16. does not create any habllrty or thl y in addition to your re >imns rLrlhy under these ins m.crmns. No Felice, demand or change 17. of instructions, except a demand 1w revocation made in accordance with the froegmng paragra pit, shall be of any elleot in 18. this escrow unless given in writing by all parties affeoted therein. 19. Proceeds of this ¢Screw may be tl66nrsed by your check payable to he parties as than nanps are signed hereon. and your 20. checks and du,natems may be mimed to the addresses sin Ihth in these ImSpucpons. 21. You are instructed to punish to any broker or lender identified with this hansaPlon or anyone icl,nq on behalf of such lender; 22, any infornaLOn conCerming This escrow, copies of all instnictlons, amendinent; pod statement, upon request. 23. Irdica a on the deed to file, all future tax statements are to be mailed to _..... Buyer's..at. address_ below 24. --------------------- ........ ... . ..... .... ............. .... ... ...... . ...... ............ .. ..... ........................... .------ 25. 1agree to pay: One half escrow fee, drawinq fees, recording fees. 26. 27. 20. 29. 30. 31. 32. . 33. 34. CLAYTON, CLAYTON a CO. 35. 36. 37. BY ... ......... ......... ADDRESS ........................... 38. 39. BY. ... ..... ............ . ......._................_...... .... . ......... ......... .............. _.............. ............ 40. 41. ........... ............... .......... .:.............. ... .... ...... .... ........... ......... .........__. 42. KERMIT DORIUS 43. ... ... .. ..... pl., a IQ.,. .. 44, 45, I will land you the rnsvuments. documents and money required 10 comply ,wit" prese rnsouCl ens, which you may use, and 46. pay seen tests, taxes. assrssmems and demands m r ore Into as set lorlh herein when you can comply with these 47, instructions and deliver the net p",ads to the c,Jer of the strndersigned. 40. Pay a eammissia, in accordance with fire instrvclons contained in a separate corneerS,on older. 49. Pay Docungnlary Transfer Tax. If the docu,renvey as helormion has not been Ile n.stmtf rn Cenneclion edit Ihp Decd from 50, Grantor Grantee'. ., you are ...spri:ned m Complete and Si the 51. declaration on such Deed as follows: Documentary Transfer Ta; s as required r : Compnted on full value of pr0bert, 52. conveyed. Or lX Computed on fun value less (Yens and mgmmbrances rema'in'ing nherenn al Ihe nl sole. 53. 1irroe to raw: One half escrow fee, drawing fees, recording fees, Policy of Title S4. Insurance and documentary transfer tax. 55. 56. 57, 58 6 PLEASE SIGN AND RETURN 61. 62. ' 63. / CA 65. 55 / _. ...... ..... .. .... v. AD DpE55 66. y 1 Sonenshine 67. ............. ... 68. Shelia h 69 .............. 70. 71. ... .... ......... ... . ... ...... Penner No .. ..... . 72 papa 1 3 1 Esci.,,w nn. 90107 ........ . 0 0 RESOLUTION No. 8 3 - 2 9 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 Darius 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 easement, 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 day of MAR 28 , 1983. V_ • ART Mayor ATTEST: City Clerk RSP /Assignment 9 0 LICENSE AGREEMENT THIS LICENSE AGREEMENT, made and entered into this day Of - : 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 -1- EXHIBIT A 9 0 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- 0 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. -3- 0 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 i5 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 -4- CITY OF NEWPORT BEACH By Mayor SHEItA SONENSHINE �I 3 �t 4 5 6 1 91 91 .10 21 i 12 13 14 15 16 17 18 19 20 21 4^ 2 23 24 25 26 27 28 29 30 31 32 i �• EXHIBIT "A" THIS LICZ`— A"R?%I•WNT, :.tide aad 2;it__ed into ta_s y �Ia-y o= �.1_ C_f_� "�, 1962, -by and be:uee CITY C: :vim- •iPOZT. 32AC;?, fn ° °r' -lna Cte referred to as Licensor o= C t%, and BLUROCK, 3LLERBIROSK & ASSOCIAT3S, a partners:iip, :Ie. �_ a _tee ref•errad to as Licensee; WITMESSET11: 1. Property. For and in consideration Of the land- scaping and maintenance of the premiss, and the perfor -mance of 211 the covenants and conditions of this aJreameat, City hereby ,rants to Licensee a permit, license, .aid privilege to use arts occupy certain property as her2in provided situated in the City of WL -:port Beach, County of Orange, State of California, describ: as follows: A parcel of land located.on.the Ngrt erly corns- of the Int°r3eCti0 =1 of 3aysi de Drive andJ .l ?aseo Drive, in the City of Newport Beach., -as shown on Rublic Nor{s Department Dra;•:i•ag No. L -5011 a ttacaed hereto described' in a deed recorded in Boo:; 1971; page 1�2, Official :ecords'of Oran; e Couat., California. SuSject to covenants, conditions, restrictions, res'ar.Tatio:ls rights of Tiay, and easements of record. 2. Term. The license is granted for the tar= of twe; (20) years, coananciag . on January 1, 1962, and • ending on Dece. be: 31, 1931; subject, however, to earlier termination in the eve_Zt City abandons the use of said property for water reservoir and water pu'3ping plant p%=pos•es, and said property raverts to the Irvine Co_.pany pursuant to the dead of conveyance to City dated February 9, 1950. 3. Use, Licensee shall use said property for t ::a l, ., l a dscapn 7.. r. n, of a'1tC5Ol Ji a.," . for V e _Sr..:.7 La= c T` Dr C :S trin —I access to its ?ropose:] bui*l•- T1*`1;� O':1 ad'oi'1'_ :� '; i=i::a2G f_o-a The I _-vine •Co.-nany. Tne use of saiO nro. �_ -. b; ' • ce • ;,> I 1 4 $.ic i : not inc -r'e in aaw way e ;it: ii C : ?_� 3 O - ::G_p Top°_z tJ j) II li ^ .�... p.Vr �� r. C ,i... 2I: City for the p �poJ , for w. 'ciz it Ja ac to wit, Grater ,3 res __voir and water pumping plant p•_,rposes. �1 4 :. Licensee shall remove , u =i_itl GLr 3s above 5 t?e suriace and stall place said facilit-_as u:3erground_ License( I 6I' s- :1s_, 1 pave and 2aintaia an access TOIId t0 City utilities O'J?i GJ?1( I. 7 �! City s:1all have access at all tires. [ill :'Jor!c shall be subject tc 1 8 1 tie aoproval and supervision of City. 9 I $. Licensee shall have no control over. City facilitie, 1011 now or hereafter located on said property, whica shall repair, 111 under the exclusive control of City. City reserves the rijht 1' , 12 ;� during emergencies to enter upon any portion of said property wit'L esaergezcy equipmeat to service City facilities on said property. 1411 City reserves the right to use any gortio:-, of said property to is I extend or.re-raove its existing facilities, or to build new facili- 16 ties daring t:ie term of this agre &meat. 17 6. Licensee may, at its sole cost and expanse, constr. 1t 18;1 and ,.aintain a park_ag lot and sidewalks on said real property. 19 �� Licensee shall, at its sole cost and expense, landGcaae, beautify, i 20- l! a1 d aintain said real property and its imrovemeats located. 1' 21; t:ereon in good condition act` repair. Said landscaping and improG 2211 =:its shall 'be in accordance -with the plot plan attached to Use 23i Pe=rmit Ito. '799, on file in -the City Plan ling Departme t and inccr- 24!; porated herein by referance. 25 �; 7. This license is not tr ?thc 2t the ,rrittt 261 colseat of Licensor. Any unauthorized tra:?sfer.siall result in I. 27 automatic termination. .1 2811 a. Lice :see agrees i n if! 1 e to nd...:�.. and hold City :.a��l s �I 29 fro.a all den ands, claim, and liability for 6a_:lavaz arisinz out O: II . 301! or _zouiti'.i- from injury or death to per-sOas of Qa tame to 7roJert, 31 it c1'.:S°_ t. l/ ^rf) ?•:11^ out Of or occurrla, i:c i he n. a v a ) - co • -O _ eCt_O1 �1t.. L.._ ...JE j1 32 '1 of sa C nra -._:: 2s by Licens L-e Or ti._° i i L. i � 11 iZNair or re -Aal Of Licensee's _facilioes tn__ ;z. 2 ( Licensee shall carry public' liabilit;' _nsuraace in 3 j amounts of not less than $25,000 for bodil •in-_._ry to one person 4 i and $50,000 for bodily injury in any one,accideac, and $10,000 5 ' property damage coverage. Licensee shall require that the City b 6 ! named as an additional insured on said policy and shall file a 7 j certificate of insurance with the City Clerk showing such coverag I 8 ' which certificate must provide that the City •rill be given tea (Z 9 _days' notice of expiration or termination 'of the insurance cover= 10 1 age. Failure to maintain the insurance coyarage shall result in 11 i termination of this' license. . 12 9. 'Licensee agrees to indemnify the City 'for •.any loss 13 I fro:a fire caused by-'a nY 'activities' of Licensee'. or agents of 1411 Licensee - in.connection'herewith. 15 10: 'Licensee. may. renew this license :'for'an additional 16 period of five :5 ears upon so - () y p advis�:ig City in writing no II , 17 later than November 1, 28 11: .,.For purposes of administration, the City .Manager o: 19 ' City may perform any act on behalf :of City that is. s et forth in 2011 this a=eeraent, but either the .City Manager or Licensee may tale 2111 any matter to the City pouncil for its decisioi. 22 IN WITNESS MAEP.Eov, the parties hereto have executed. 23 ; this. agreement as of toe day and year first above written. 24 CITY OF T?P0:2 B A:: 25 2611' 6 II Pfayor 27 I' . •Attest: - 28 ins Pity Clerk 29 i BL �', ET.L RBROEI: & AuSOCIr1T_i 31 ij - 32 I J it 3. Binder No. ND_ 06951 NAME AND ADDRESS OF AGENCY COMPANY - ANDERSON and ANDERSON Central Mutual Effective 12:01 am March 18 1980 INSURANCE BROKERS, INC. 2495 CAMPUS DRIVE Expires Q 12:01 am O Noon A ri j 19 $ IRVINE, CALIFORNIA 92715 ❑ This binder is issued to.extend coverage in the above named (714) 752 -2255 company per expiring policy # (except as notes Celorl NAME AND MAILING ADDRESS OF INSURED Description of Operation /Vehicles /Property Raygal Design Associates, Inc, and Ygal Sonens ine and Sheila Sonenshin_e_ HW /JT 2719 White Road Irvine, California 92714 ZZMERECIMMEW Type and Location of Property Coverage /Perils /Forms Amt al Insurance Ded. ` P R Building located at above address Fire, Extended Coverage, $1200,000 000 - 90 D Personal Property per attached schedule Special Form subject to terms $1280,825 1000 90 Business Interruption and conditions of policy $232,000 P Off Premises Extension forms $10,000 E Valuable Papers - Blanket $50,000 R T Y Type of Insurance Coverage /Forms Limits of Liability L Each Occurrence A re to 1 ❑ Scheduled Form M Comprehensive Form Bodily Injury $ $ A B E) Premises /Operations Property 1 91 Products /Completed Operations Damage $ $ Bodily Injury & L K) Contractual 1 ® Other (specify below) Property Damage 500,000 500,000 ❑ Med. Pa $ Per Pay. Per Combined Personal Injury $ 500,000 Y Person Accident KI Personal Injury 9) A S) B SXC A Limits of Liability Bodily Injury (Each Person) $ U M Liability ® Non -owned M Hired T M Comprehensive - Deductible $ Bodily Injury (Each Accident) $ 0 ® Collision - Deductible $ Property Damage $ M 0 91 Medical Payments $ B 91 Uninsured Motorist $ 1 ❑ No Fault (specify): Bodily Injury & Property Damage L 55 Other (specify): BROAD FORM DRIVE OTHER CAR P R SCHEDULE ON Combined $500,000 I E FILE WITH COMPANY I ❑ WORKERS' COMPENSATION — Statutory Limits (specify states below) 0 EMPLOYERS' LIABILITY — Limit $ SPECIAL CONDITIONS /OTHER COVERAGES LIABILITY COVERAGE INCLUDES: BROAD FORM PROPERTY DAMAGE, HOST LIQUOR LIABILITY, EMPLOYEES AS ADDITIONAL INSURED, WORLDWIDE PRODUCTS, NON -OWNED WATERCRAFT, BLANKET PRODUCTS, COMPLETED OPERATIONS, INDEPENDENT CONTRACTORS. LOCATIONS, LENDERS At INSUREDS AS PER SCHEDULE ATTACHED. R� -' 'It NAME AND ADDRESS OF ❑ MORTGAGEE Q LOSS PAYEE ❑ ADD'L INSURED LOAN NUMBER - 9,! .0 SEE ATTACHMENT j 3/18/80s ignatur f Authorized Represent a Date �- UACORD 75 (11.77) M C7 ATTACHMENT TO BINDER NUMBER 6656 - RAYGAL DESIGN ASSOCIATES, INC. EFFECTIVE March 18, 1980 to April 18, 1980 LOCATIONS OF PROPERTY COVERED: 1. 2719 White Road, Irvine, California 2. 1550 Bayside Drive, Corona Del Mar, California 3. 3219 Oakcliff Industrial Street, Doraville, Georgia 4. 3522 Belle Fountaine, Houston Texas 77025 5. 1620 E. Pacifico #6, Anaheim, California 6. 5454 Peterson, Richardson, Texas PERSONAL PROPERTY LIMIT PER LOCATION: 1. $275,000 2. $5,000 3. $159,350 4. $70,125 5. $637,475 6. $133,875 LENDERS PER LOCATION: 1. Mutual Life Insurance of New York c/o Patricia Milano Mail Drop 26 -04, 1740 Broadway, New York, New York 10019 (Loc. 1) 2. Farmers and Merchants Bank of Long Beach, 302 Pine Ave., Long Beach, Ca.(Loc. 2) 3. Union Bank, 610 Newport Center Drive., Newport Beach, Ca. (Location #2 as Second Mortgagee) ADDITIONAL INSUREDS: Goldenwest Equity Properties, Inc. 3931 MacArthur Blvd., Suite 104, Newport Beach, California (As repects location #5 - Additional Insured - Lessor City of Newport Beach, ATTN: City Clerk, 3300 Newport Blvd., Newport Beach, California (as respects location #2) The Irvine Company, 610 Newport Center Drive, Newport Beach, California (Additional insured as respects locati.on #2 - Land Lease) Coldwell Banker, 229 Peachtree Street, N. E., Suite 1400 Atlanta, Georgia, 30303 ATTN: Robert A. Haywood (As additional insured as respects location #3 - Lessor) Certificate of Insurance: Del Taco, Inc., 345 Baker Street, Costa Mesa, California 52625 ATTN: William Coulter CERTIFICATE OF INSURANCE This certificate is Issued as a matter of Informatigiiiiiallikand confers no rights upon the certificate holdIJILWMertificate doer not emend, extend or oiler the cover- age afforded by the policies listed below. No ding any requirement, tens, or condition o rect or other document with respect to which the certificate is issued, the Insurance afforded by is listed on the certificate is subject to all the ter M 01%ch policies. NAME AND ADDRESS OF AGENCY Anderson and Anderson COMPANIES AFFORDING COVERAGES IreLXOnCe &2496 Inc . COMPANY A Central Mutual 2496 CAMPUS DRIVE LETTER IRVINE, CA. 92716 17141762 -2266 AN `ICTTEDM07RY B Highlands Insurance Company NAME AND ADDRESS OF INSURED /� COMPANY ■ - Raygal Design Associates, Inc. LETTER V COMPANY D 2719 White Road Irvine, CA 92714 LETTER COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time CLETTER Limits o to III in Thousands EACH OCCURRENCE AGGREE,AiI TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE GENERAL LIABILITY BODILY INJURY S S ® COMPREHENSIVE FORM O PREMISES— OPERATIONS PROPERTY DAMAGE S s A PLOSION AND COLLAPSE E7lHAZARD SMP 7225168 2-2- ❑ HAZARD UNDERGROUND 91 PRODUCTS/COMPLETED OPERATIONS HAZARD %❑CONTRACTUAL INSURANCE BODILY INJURY AND PROPERTY DAMAGE s 500 500 BROAD FORM PROPERTY COMBINED is DAMAGE INDEPENDENT CONTRACTORS PERSONAL INJURY PERSONAL INJURY 1 AUTOMOBILE LIABILITY BODILYINJURY s 250 (EACH PERSON, s 500 A COMPREHENSIVE FORM ®OWNED BAP 7264892 2 -2 -81 BODILY INJURY IEACH OCCURRENCE) ®HIRED PAOPEMY DAMAGI S 100 BOOR Y INJURY AND s ® NON OWNED PROPERTY DAMAGE COMBINED EXCESS LIABILITY B ❑X UMBRELLA FORM XS: 205 39 0 7-18-80 BODILY INJURY AND S 1 $1,000 PROPERTY DAMAGE ,OOO OTHER THAN UMBRELLA COMBINED FORM STATUTORY B IWORKERS'COMPENSATION and BWG•917 004 11 -25 -80 EMPLOYERS' LIABILITY Each Accident OTHER DESCRIPTION OF OPERATIONSAOCATIONSNEHICLES - ''t O� 1-12 Job: 1550 Bayside Drive, Corona Del Mar, CA 92625 Cancellation: Should any of the above desc3rbbed policies be cancelled before the expiration aate!the.EE:bf� Issuing com- pany will endeavor to mail _days written notice to the below named certificate Bolder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER. C O Cw April 2, 1980 City of Newport Beach DATE ISSUED: / 3300 Newport Blvd. Newport Beach, CA 92663 Attn: City Clerk AUTHORIZED REPRESENTATIVE Lloyd W. Schroeder 40 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. C -785 90 CITY OF NEWPORT BEACH CALIFORNIA City Hall 1100 W. Newport Blvd. Area Code 714 DATE February 26, 1980 Description of Contract License Agreement - Bayside Dr. & E1 Paseo Property Authorized by Resolution No. 19714 , adopted on Effective date of Contract February 22, 1980 Contract with Ygal and Sheila Sonenshine Address 1550 Bayside Drive Llorcna ael mar, LA 92625 Amount of Contract see contract January 7, 1980 Ant�- L--, -1 - City ler I CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER February 15, 1980 TO: CITY CLERK FROM: Assistant to the City Manager J SUBJECT: LICENSE AGREEMENT - BAYSIDE DR. AND EL PASEO PROPERTY Attached, please find the original copy of the license agreement associated with the easement property located at Bayside Drive and E1 Paseo. The document has been executed by Ygal and Sheila Sonenshine, licensees. Please insure proper execution by the Mayor and your office. Following execution, it would be appreciated if a copy could be sent to the licensees at the following address: Raygal Design, Associates 1550 Bayside Drive Corona del Mar, CA 92625 Attention: Ygal Sonenshine ate a fully executed copy for our file. NUW, ThLREEO E, 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 -1- M N 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. -3- M 9. Breach. 0 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 i5 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 -4- CITY OF NEWPORT BEACH ay Mayor c Y L SONENSHINE SHEILA SONENSHINE y �i 1 2 3 41 i 5 6 7 8 9 .10 11 12 13 14 15 16 17 18 19 20 21 22 231 24 i 25 26 i 27 28 29 30 31 `• 32 u 4 ,1 II to EXHIBIT "A" THIS LIC°" ....o.. CR.:.:D.r.IT, ;.tic_ a_n ,_ a . nt =_ -e d into tar, 1=� i ,• day o= 1969-1 by aac 0.2-- -a C?1Y iii it✓ ?'TP ^vRT 3C�C:_, (ner�inafte referred to as Licensor or City, and BLUROCS, ZLLF.RBR03i: & ASSOCIAT3S, a partners%:i ?, _lera_ a =ter referrer to as Licensee; WIT E- SSETiI: i. Property. For and in coisideratioZl of Mile land- scaping and maintenance of the premaises, and the perfor*ance of . all the covenants and conditions of this aJree:seat, City hereby ,rants to Licensee a permit, license,_aAd privilege to use and occupy certain. property as herzin provided situated in the City of -New port Beach, County of Orange, State of California, describes: as follows: A parcel of lard located on.t'he FQr- thPrly n eorar 0= t he Intersection of 3ayaide Drive and ZIP laseo Drive, in the City of Nawpor= Baacla,' as saoti •, on P- -Yalic G.or {s Department Dratiai _zg- No. L -5011 - attacaa•3 hereto described in a deed racorded in Boo'c page 132, Official Records of Oran -e Coun-y, California. Subject to covenants, conditions, restrictions, reservations, rights of Yyay, and easements of record. 2. Term. The license is granted for t!;e term of tweat (20) years, co:=2aci- :ig on January 1, 1962, and'e-ding o: December 31, 1931; subject, however, to earlier tea-ailation in t`le event City abandons the uoe of said property for water reservoir and wiiter pu:ving plant purposes, and, said D2Opert,• rave=ts to T:le Irvine Co:-zpany pursuant to the dead of conveya:lce to City dated February 9, 1959. 3. Use. Licensee s?1all use said property far L7,2 of Fi71tomobilcs, la:nds=a ?in.�, a�2 (1= e11 culaT a_a- -: ueCas- trla.l access t0 its � z oroaoseI o 1 ad o- f_0-1 Tile I;.-v i ne-Compa_.y. Tae use OT_ • b� L �. .J ......... 5 I( ere with 01- ? O = 1 ij s.1 not ia__r_ r is aciv %.ay h t ij 2 {: Cit for the pnrposas for which it was ac;u_rad, to wit, water .3 �; rese_voir.and water pumping plant p'arposes. G! 5 4. - Lice=1S?e shall re-mva utility wi.ras above the surfaca a 1 shall place said facilities ualer - round. Licensee { 6 i shall pave a -id maintain an access road to City utilities over 7 City shall have access at all tiles. All worn: shall be subject to 8 1j tae a?proval and supervision of City. 9 10 11 12 S. Licensee shall have no control ovar..City facilities new or hereafter located on said property, v4aich shall repair. under the exclusive control of City. City reserves the right during emergencies to enter upon any portion of said property with 13 �; eeaer�ency equip_aeat to service City facilities on said. property. li - 14jj Citv raserves the right to use any portion of said property to 1$ j{ e-tead or.re�aove its existing facilities, or to build new facili- 1611 ties oaring the term of this a ;green_eat. t� 17 �I 6. Licensee raay, at its sole cost and expanse, 18 j;1 and nfii:ntain a par'_c no lot and sidewalks on said raal property. 1911 Li_e'•lsee shall, at its sole cost and e__-ne_Zsa, laad3cape, baautify I; I. 20.l1 and :..iatain said .e_1 ptop e r tJ and i �_ov� sents located , I 21 it thaeon la 800.3 co=ndition ane repair. Said lands.^ar. ingg and i- -?rove 22 '{ rae:lts shall be in accordance with the plot plan attached to Use 2311 Permit 'No. 79?, on file in-the City Planning Departme t and inccr- 29{ porated herein by reference. 25 7. Tail license is not traw5ferable -;ithcut the written 26 I colse:it of Licensor. Any unauthorized tra_is =er. s_iail result ir. 27 ;i a• to:zatic termination. 28 : Lice.. a rees to ir_Ide:=%,if:• and hold C.,.tv ial'31SSS II 29 { ro:1 all. deraa_lds, clans, a d liabil_' =or ;aa ges arisins out of 30 (i or r3"c altLi.- from injury or daath to pe_scas or da.aaje to property 311:1 - c� oa sit' the use C1'.6 °_: by, uif) ?v1.lj out Of, 02" O<:(]1!Yr � -, _� In .O' ;2 '"1 � S° �•• 32 :i of 'ia_C Tj is _,_j? by Licensee or t CO.1S tr __ �0:.. ran lnteii2:.C'�, I 2. J ° 1j repair or_ra1 of Liceasee's.fa =i1 to °___)a. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 M3 Licensee shall carry public liabilir: insurance in amounts of not less than $25,000 for.bodil - ir.;_ry to One person and $50,000.for bodily injury in any one. accident, and $10,000 property damage coverage. Licensea shall require that the City be named as an additional .insured on said policy and shall file a certificate of insurance with the.City ClerX showing such coverage which certificate must provide that the City will be given ten (10) days' notice of "expiration or .termination of the insurance cover= age. Failure to maintain the insurance coverage shall result i_n termination of tb.is "license. 9. Licensee agrees to indemnify the _City for.any loss" from' fire caused by:any activities of-Licensee.or agents of Lic3nsee.in connection herewith. 10: 'Licensee this 'license ":'for an additional period of five .(5) years upon so advisiig City in writing no later than November .l, "1981. 11. For purposes of adatinistration, the City .Manager of 1911 City may perform any act on behalf I of r. City that is.set forth in 20 this agreement, but either the.City. Manager or Licausee may take 21Ij any *natter to the City Council for its decision.: i 22 j; IN WIT11FESS jIiiSP-'-OF, • the parties" hereto have executed 23 f; this. agreement as of the day and year first above written. 24 25 2611 2711 28 29 30 1 31 � 3211 CITY OF N TPOZ B A BY afayor Attest: ". . City C er{ 3. ELLERTROSK & M so CITY OF NEWPORT BEACH OFFICE OF THE ASSISTANT TO THE CITY MANAGER: (714)640 -2153 February 6, 1980 Mr. Ygal Sonenshine President Raygal Design Associates, Inc. 1550 Bayside Drive Corona del Mar, CA 92625 Dear Mr. Sonenshine: Subject: License Agreement Extension - Bayside Dr. and E1 Paseo Property Attached, please find a copy of the amended license agreement pertaining to the above - referenced property. The amendment formalizes the 25 -year extension approved by the City Council. Additionally, the amended agreement contains revised insurance coverage provisions under Section 8 "Indemnification." The additional coverage requested was the result of the City Attorney's review of the previous document and its insurance provisions. On page 4 of the amended agreement, please obtain the requested signatures of the licensees and return the document to the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663. Following execution by the Mayor and City Clerk, you will be sent a copy for your files. Also, please review your current insurance policy in terms of its adequacy, relative to the amendment. Any deficiencies should be rectified and appropriate documentation submitted to the City Clerk at the above address. Please contact me if you have further questions, or comments. S X OW/BOLINT staryt to the City Manager Atta xc: rtt"'ty Cl erk City Attorney City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 3lnder No. N° 005518 �1, '' A , ,, 0 ? '�.1a a'.f � •aoGnt�. - �Pi' y,�^.^t.�. .�.+ YIL6Tl NAME AND ADDRESS OF AGENCY COMPANY Central Mutual ANDERSON & ANDERSON, Inc. _ Effective 12 :01 am Feb 2 ''1%19 INSURANCE BROKERS Expires Q 12:01 am _ 0 Noon p;a 1 333 Bayside Drive Phone 675 -9900 0 This binder is issued to extend coverage In e named NEWPORT BEACH, CALIFORNIA 92660 company per expiring policy ff (except as nmeC MloW) NAME AND MAILING ADDRESS OF INSURED Description of Operation /Vehicles /Property Raygal Design Associates, Inc. and Ygal Sonens ine VEHICLES AS PER SCHEDULE ON FILE and Sheila Sonenshine HW /JT 2719 l•lhite Road WITH CARRIER Irvine, California 92714 Type and Location of Property Coverage /Perils /Forms Amt of Insurance Ded. % P R Business Interruption Fire, Extended Coverage, $50,000 0 Special Form subject to P terms and conditions of E Personal Property as per schedule policy forms ?1,280,825 1000 90 R attached - Blanket Amount T Off Premises Extension $10,000 y Valuable Papers - Blanket $50,000 Type of Insurance Coverage /Forms limits of Liability Eachoccurrence A re ate L 1 0 Scheduled Form Comprehensive Form Bodily Injury $ $ A B Q Premises /Operations Property Q Products /Completed Operations Damage $ $ Bodily Injury & L Contractual 1 Q Other (specify below) Property Damage 500,000 500,000 T O Med. Pay. $ Per $ Per Combined $ Personal Injury $500 000 Y Pe:wn Amdent Q Personal Injury ❑ A 0 B ❑ C A Limits of Liability Bodily Injury (Each Person) $ U ( Liability Non -owned Hired Comprehensive - Deductible $ 100 (EXCEPT AS R SPECTS FERRARI) Bodily Injury (Each Accident) $ 0 ( CollisionDeductible $ 250 (EXCEPT ASR SPECTS FERRARI) Property Damage $ M 0 [ Medical Payments $ B Cyl Uninsured Motorist $ — 1 0 No Fault (specify): Bodily Injury & Property Damage L 2Other (specify): BROAD FORM DRIVE OTHER CAR ER SCHEDULE Combined $500,000 E I ON FILE 141TH COMPANY 0 WORKERS' COMPENSATION — Statutory Limits (specify states below) 0 EMPLOYERS' LIABILITY — Limit $ SPECIAL CONDITIONS /OTHER COVERAGES LIABILITY COVERAGE INCLUDES-, Broad Form Property Damage, °Host Liquor Liability -, ErRRlpyees as additional insured, worldwide products, non tuia '1.!,,;" -owned watercraft, *Blanket Con trac ; Products, Completed Operations, Independent Contractors. LOCATIONS PER ATTACHED SCHEDULE WJ [ `L f NAME AND ADDRESS OF 0 MORTGAGEE 0 LOSS PAYEE 0 ADD 'L INSURED `- r C► :— 2 r. JAN i> PER ATTACHED SCHEDULE LOAN NUMBER CITE p F1EWPt)frT ,rA�N, !4' 2 CAU Sig re of Authorized Representative Date r� ACORD 75 (11 -77) - l M ATTACHMENT TO BINDER NUMBER 005518 - RAYGAL DESIGN ASSOCIATES, INC. 2/2/80 to 3/2/80 - CENTRAL MUTUAL INSURANCE COMPANY LOCATIONS OF PROPERTY COVERED: 1. 2719 White Road, Irvine, California 2. 1550 Bayside Drive, Corona Del Mar, California 3. 3219 Oakcliff- Industrial Street, Doraville, Georgia 4. 16511 Hedgecroft Avenue., Suite 214, Houston, Texas 5. 1620 E. Pacifico #6, Anaheim, California 6. 1350 Manufacturing Ave., #219, Dallas, Texas PERSONAL PROPERTY LIMIT PER LOCATION: ' 1. $275,000 2. $5,000 3. $159,350 4. $70,125 5. $637,475 6. 5133,875 LENDERS PER LOCATION: 1. Union Bank, P. 0. Box 1057, Orange, California (Applies to Location #1 2. Farmers and Merchants Bank of Long Beach, 302 Pine Ave., Long Beach, Ca. (Applies to Location 712) 3. Union Bank, 610 Newport Center Drive, Newport Beach, California (Applies to Location 1,12 as Second Mortgagee) ADDITIONAL INSUREDS: 1. Goldenwest Equity Properties, Inc. 3931 MacArthur Blvd., Suite 104, Newport Beach, California (As respects location #5 - Additional Insured - Lessor) 2. City of Newport Beach, ATTN: City Clerk, 3300 Newport Blvd., Newport Beach, California (as respects location #2) 3. The Irvine Company, 610 Newport Center Drive, Newport Beach, California (Additional Insured as respects location #2 - Land Lease) N HIGHLANDS INSURANCE COMPANY City of Newport Beach Attn: City Clerk 3300 Newport Blvd. Newport Beach, California 92663 Dear Sir, 40 2087 BUSINESS CENTER DRIVE, IRVINE, CALIFORNIA 92716 POST OFFICE BOX DC / PHONE: 1714) 833 -1720 January 24, 1980 Re: Raygal Design Associates, Inc. Policy# MP 72 28 83 Please be advised that the above captioned policy has been.cancelled effective February 2, 1980. Sincerely, Ala Property Manager AD /ds [9c1Y'"T CA L [if f' January 15, 1980 Mr. Ygal Sonenshine, President Raygal Design. Associates, Incorporated 1550. Bayside Drive Corona del Mar, CA 92625 Subject: License Agreement Extenebon- Bayside Drive and E1 Paeeo Property Enclosed is a cer.tfied copy of Resolution Igo. 9714, authorising the Mayor and City Clerk to execute an extension of the License Agreement between the City and .Ygal and Sheila Sonenshine for the use of City property at Bayside Drive and El Pasco Drive, which was c.dopted by the Council at its meeting on January 7, 1980. DORIS GEORGE City Clerk DG Encl. I ) d CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER By the CITY COUNCIL Council Agenda No. H-2(i) CITY Qt? N9wPORT REACH January 7, 1980 TO: Mayor and City Council FROM: City Manager SUBJECT: License Agreement Extension - Bayside Drive and E1 Paseo Property Backaround and Discussion In February 1950, The Irvine Company conveyed to the City of Newport Beach a utility easement on a piece of property located at the northerly corner of Bayside Drive and E1 Paseo Drive. Attachment 1 is a sketch of the subject parcel. For a time the City operated a pumping station at this location; however, the station has since been abandoned. The City still retains some piping and valving in the easement area and it is for this reason that the easement itself has not been abandoned. On January 29, 1962, the City Council approved a License Agreement with Blurock, Ellerbroek and Associates for joint use of the easement area. This Agreement (Attachment 2) involved utilization of the property mainly for landscaping and access in connection with the adjoining parcel which was being leased by the above - referenced firm from The Irvine Company for office usage. On September 9, 1974,the City Council approved a transfer of the License Agreement from Blurock and Partners to Ygal and Sheila Sonenshine, dba Raygal Design Associates. The property is currently improved and utilized pursuant to the stipulations of the Agreement. In a letter dated December 11, 1979 (Attachment 3), Mr. Sonenshine requests an extension of the License Agreement, which is currently due to expire on December 31, 1981. The reason for this request relates to the fact that The Irvine Company has extended Mr. Sonenshine's lease of the adjacent property for office usage until 2033. Section 420 of the City Charter prohibits the City Council from approving any lease extensions in excess of 25 years. In a memorandum from the City Attorney (Attachment 4), this provision is interpreted as authorizing such extension for twenty -five years from the date the Council approves the subject extension. 0 0 TO: Mayor and City Council - Page Two Neither The Irvine Company, the Utilities Department, or the Public Works Department has any objection to the requested extension. Recommendation It is recommended that the City authorizing an extension of the ttachment 5) ROBERT L. WYNN City :danager RLW:GJB:jmb Attachments Council adopt Resolution No. License Agreement until 2005. •Attach�ent 1 3 1 I // -e9 -24 -7 I � i " i s �'� -� Son •n.c'�n�g . •. /� ,g 1 !� Q I �l� I T I }'-1- -1-7 -- BA YS /OE N Y �-' Couisc . <3 r >s Jhowr� orr /i�cr G°<.r -s^r /y — '-- '-- --.�_- occomo'ar, /ink mop o/richea' �' ' to OcrdoJ r'c!o�ded e -// -36 V >i^ .9oo.Y f�jr% fbov Z/7 Of.'icr % >/ .2cc°rds �Omrrnt /o_.i>iv_G'..>.:f J A C K S. R A U B LAND SURVEYOR P. O. SOX 635. COSTA MESA. CALIFORNIA SKETCH SHOWING LOCATION OF LICENSE No. 2312 /VEK/P02T BEACH/ WATE2 OEPA 2TiYlENT r°LA/VT N °3 NE'r ✓1�0,2T ,BEfiCf1, CAL /F. na r" SCALE FIELO e00K CAL GO OK / L. GK r „ <.. ,. ?o, /9Sn! /-• -.ro' I / 1-1-47 6. 9e - /o/ JOE NO. 6 /72 P4 AI47' ” I Zoo K'11/11 vc ^rrtr•vM tee.- Srroa /ft. �r I ; rooco sp, ' � .. _ 1/...9.1•• ._L. _• .� ((.� -70_ _. �-' Couisc . <3 r >s Jhowr� orr /i�cr G°<.r -s^r /y — '-- '-- --.�_- occomo'ar, /ink mop o/richea' �' ' to OcrdoJ r'c!o�ded e -// -36 V >i^ .9oo.Y f�jr% fbov Z/7 Of.'icr % >/ .2cc°rds �Omrrnt /o_.i>iv_G'..>.:f J A C K S. R A U B LAND SURVEYOR P. O. SOX 635. COSTA MESA. CALIFORNIA SKETCH SHOWING LOCATION OF LICENSE No. 2312 /VEK/P02T BEACH/ WATE2 OEPA 2TiYlENT r°LA/VT N °3 NE'r ✓1�0,2T ,BEfiCf1, CAL /F. na r" SCALE FIELO e00K CAL GO OK / L. GK r „ <.. ,. ?o, /9Sn! /-• -.ro' I / 1-1-47 6. 9e - /o/ JOE NO. 6 /72 - ATTACHMENT 2 I J 2 3II THIS LICE'4S' ACR .D:NT, nada aa` e;ite_ed into this 4I day o= eJ.' , 19622 by and beta_-= the C?TY OF rE_7JPORT 5 �III 3�AC:., Cnereinatt _ referred to as Licensor or Ci t_,, and BLUROC K, 6 �i �7LLSRBROEK & ASSOCIATES, a partnersni;,3, _le =—na`ter referred to 71I as Licensee; 8 I! WIT 7ESSETH: . fI Property. For and in consideration of -the land- 101Iscaping and maintenance of the premises, and tae performance of is I 11 II ali the covenants and conditions of this agreement, Ci *_y hereby 12�I grants to Licensee a permit, license, and privilege to use and 13 II I occupy certain property as hergin provided sit`ated in the City 14 I• of Wewport Beach, County of Orange, State of California, describe, 15 jI as follows- 16 jj A parcel of land located on.the 1\?grtharly cor=er I! of the Intersection of Bayside Drive and El Paseo 17 ' Drive, in the City of Newport Beac::, as snow-, on R2blic Works Department Drawi-_i� 21o. L -5011 attached ►. 18�j hereto described in a deed recorded in Boo:; 1971; II page 1 2, Official Records of Orange Couaty, 19 11 ' Ca' iforniz . I! 20 !1 to covenants, conditions, restrictions, reservations, q rights of way, and easements of record. 21 1i II 2. Term. The license is granted for ti- term. of tr.en! _2 (23) years, tormenting on January 1, 1962, and'e ding on December 23Ij li 31, 1931; subject, ilOLJ2V2r, to earlier termination in the event . 24 2511 City abandons the use of said property for water res2rvo.r mad it I' 26 water pumping P lant purposes, and said property reverts to T:,e 27 ii Irvine Co_;nany pursuant to the dead of conveyance to Cit7 dated 28 II F ebrlaary 9, 1950. 29 Ii 3. Use, Licensee shall use said property for t: -e I ` 30 !I per::_ ; n O � � F a ?1tC?IOJ,123, I n dS :a7in.�, aaa, :e _c�l D'eeas_! jf 31 �`. tria.: access to its proposeJ bni?;J_1__ oa ads oiuin� _a:ad I_asad - ;I 32 _o r The Z _vine Copa:.y. Tara use o= s2ii =��.= by T - f, - - i - I; b it M 11 1. l I 2� 3 4 5 6 7 8 9 10 11 12 13 14 1$ 16 17 18 19 20• 21 22 23 24 25 26 27 28 29 30 31 32 j u1c11 nOt interfere in any way :Y'ith t:le ,:.S3 oL :.id_prr >p °ert;j 75 City for the p'irpos as for which it was ac _uiL 3d, to wit, water res a_ Moir and water pvrapi.ng plant p•,rpose3. 4. Licensee shall remove eisistin utility wires above the sur ace a_zd shall place said facilities u:deroround. Licensee slat pane and -maintain an access road to City utilities over which. City shall have access at all times. All work shall be subject to the a3proval and supervision of City. 5. Licensee shall have no control over.City'facilities now or hereafter located on said property, which shall remain u=nder the exclusive control of City. City reserves. the right during emergencies to enter upon any portion of said property with eaer�ency equipment to service City facilities on said property. City reserves the right to use any portion of said property to e-ctend or.renove its existing facilities, or to build new facili- ties during tale term of this &,re &ment. 6. Licensee may, at its sole cost and expanse, construc and maintain a parking lot a-ad sidewalks on said real property. Licensee shall, at its sole coat and e.YJe_lse' laud3cape, beautify, and L'.aintain sa3.d -real property and its improvements located - ti.ereon in good condition and repair. Said landscaping and irmprove meats shall be in accordance with the plot plan attached to Use Pe_mt -Io. '7933, on file in the City Plannin; Department and incor- porated herein by reierance. 7. This license is not tray ferable v_,'Ch ut the written coasea't of Licensor. Any unauthorized trans-fer. s_lail result ir. ! auto-atic termination. 3. Lice-see agrees to inde:=ifv and hold City carless fro"1 all dema_ ids, clairG, and liability for- Qa =7a3eS ariS i%l Opt of or rBS-altii- from injury or death to per-so -as or da.__laJe to property c2!:ue by, growi a Oat Oi, or OcciSrrl'l II --.it- the use 3_.:; _s ac 01 j G rC Ti t ...: b }' L1Ce`ls,2 ee o t;_3 CV -13 t1' o a.. :lain e.ia.'1C •2, � L. i 17 18 ►.: 19 20 21 22, 23 24 25 26 27 28 29 30 31 32 repair or removal of Licensee's facilities th °..;n. Licensee shall carry public liabilit_- insurance in amounts of not less than $25,000 for bodily in _ry to one person and $50,000,for bodily. njury in any. one. accident, and $10,000 property da:aage coverage. Licensee shall require that the City be named as an additional insured on said policy and shall file a certificate of insurance with the.City Clerk showing such coverage, which certificate must provide that the City will be given ten (10) days' notice of expiration or :termination of the insurance cover- age. Failure to maintain the insurance coverage shall result in 1. termination of this'license. 9., Licensee agrees to indemnify the City for -any loss from fire caused by ':any activities of Licensee _or agents of ; Licensee.in- connection herewith. 10: I,icersee.may renew this license 'for' an additio ?al period of :five .(5) years upon so advising City in writing no later than November:l, 1981. 11. For purposes of administration, the City .Manager of City may perform any act on behalf of City . that is,set forth in this agreement, but either the.City Manager or Licznsee may take any matter to the. City Council for its decisioal IN WI N n F ^AEREOF, the parties, hereto have executed: this.agreement as of t_ie day and year first above written.. CITY OF i E'IPOZT B A .d , jY Mayor Attest: City Clerk BLUROr;K. ELLERBRO K & ASSOCIAT'aSn 3 i. t:. c: Attachment 3 RAYGALDES /GNASSOCIATES INCO'RPCJRATED ® F.O. Box. 7579; Newport Reach;:Calilomia 82660 (714)644-1000 Deeembeh 11, 1979 Ma. Jetty Bot<int Ass.ibtant to City Manager 3300 Newpo.nt Stvd. Newport Beach, Cat.i6o&n.ia �N, Dean Ma. Bot.int, Pu&suant to out phone conve>tsat.ion o6 today, enctosed ptease Sind a.eopy o6 Reeotut.ion No 8352.and.a copy o6 a ketten dated Septemberc 9, 1914 Jxom Pubtic Woxks.Depaxtment to-- City Councit and a Ptot Ptan o6 the nonthenty, connect o6 Et Paseo and Bays.ide Dh.ive, Corona Det Man. I am.atso enetos.ing a copy o6 Amendment No. 2 to Grtound Lease granted by the Invtne Company to myset6 and..my w.i6e. As we discussed tetephon.ieatty, I would appreciate it .i6 the city would. extend the t.ieense agreement bon th.i..a .pn:opetty as the pumping station has been abandoned and the paopexty can- not be used box anything but tandscap.ing which. liar . -been and, w.itt eont.inuousty be maintained by me. As the o&iginat t.icense .teem paaatteted the jiu t tease - between Witt.iam Btu&oek an¢ the 12v.ine Company, .I would app>tec.iate it .i6 the new t.icense paxattets . the amended tease which now extends to December 31, 2033. 16 you desine any add.it.ionat .in6onmat.ion, ptease. tet me know. I appnec.i.ate yourt coopenat.ion in pnoceed.ing with this matt,en. Very tnuty yeurts, RAVGAL DESIGN ASSOCIATES, INC. Sonensh.ine ><es.i,dent YS /ec Enctos urce REST AYRANT �NTER�OKs • F �MtM65 •:: i�i!/1RM ! _. _, lb I i j t .. ��S N ftttachment 4 CITY OF NEWPORT BEACH OFFICE OF CITY ATTORNEY January 2, 1980 TO: GERRY BOLINT ASSISTANT TO CITY MANAGER FROM: CITY ATTORNEY SUBJECT: Section 420 of the Charter of the City of Newport Beach - Lease Duration You have asked that we report to you in regards to an interpretation of Section 420 of the Newport Beach Charter as it relates to the duration of a lease. This office has consistently construed said provisions to provide that any lease entered into by the City may not extend for 25 years from and after the date of approval by the City Council of the lease, or extension of the lease, without approval by a majority of the qualified electors of the City voting on such question at an election. We perceive the purpose of Section 420 of the Charter to prevent the City from entering into a 25 year lease and then shortly thereafter "renewing" the lease for an additional 25 year period making the "cumulative" lease period, at the outset longer than 25 years from the date of approval by the City Council. Should you have additional questions regarding this Section, please don't hesitate to contact me. Hugh Cof i City Attorney HRC:ap a RESOLUTION NO. Mttachment 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EXTENSION OF THE LICENSE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND YGAL AND SHEILA SONENSHINE FOR THE USE OF CITY PROPERTY AT BAYSIDE DRIVE AND EL PASEO DRIVE WHEREAS, on January 2, 1962, the City of Newport Beach and Blurock, Ellerbroek & Associates entered into a License Agreement for the use of property over which the City owns a utility easement for water pumping plant and appurtenant purposes, located at the northeasterly corner of the intersection of Bayside Drive and E1 Paseo Drive in the City of Newport Beach; and WHEREAS, by Resolution No. 8352, adopted by the City Council on September 9, 1974, said License Agreement was assigned to Ygal and Sheila Sonenshine as community property; and WHEREAS, Ygal and Sheila Sonenshine have requested an extension of said License Agreement for a period of twenty- five (25) years from and after City Council approval of said license extension; and WHEREAS, said license would terminate by its own terms on December 31, 1981; and WHEREAS, the City Council finds said extension to be in the best interest of the City, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby consents to the extension of the License Agreement hereinabove set forth to January 1, 2005. ATTEST: City Clerk ADOPTED this 7th day of January , 1980. Mayor HRC /kv 12/27/79 R N 40 RESOLUTION NO. 9714 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EXTENSION OF THE LICENSE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND YGAL AND SHEILA SONENSHINE FOR THE USE OF CITY PROPERTY AT BAYSIDE DRIVE AND EL PASEO DRIVE WHEREAS, on January 2, 1962, the City of Newport Beach and Blurock, Ellerbroek & Associates entered into a License Agreement for the use of property over which the City owns a utility easement for water pumping plant and appurtenant purposes, located at the northeasterly corner of the intersection of Bayside Drive and E1 Paseo Drive in the City of Newport Beach; and WHEREAS, by Resolution No. 8352, adopted by the City Council on September 9, 1974, said License Agreement was assigned to Ygal and Sheila Sonenshine as community property; and WHEREAS, Ygal and Sheila Sonenshine have requested an extension of said License Agreement for a period of twenty- five (25) years from and after City Council approval of said license extension; and WHEREAS, said license would terminate by its own terms on December 31, 1981; and WHEREAS, the City Council finds said extension to be in the best interest of the City, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby consents to the extension of the License Agreement hereinabove set forth to January 1, 2005. ATTEST: City Clerk ADOPTED this 7th day of January , 1980. Mayor HRC /kv 12/27/79 December.18, 1979 �fo QP 40 CITY OF NEWPORT BEACH Mr. Ygal Sonenshine President Raygal Design Associates, Inc. P.O. Box 7579 Newport Beach, CA 92660 Dear Mr. Sonenshine: OFFICE OF THE ASSISTANT TO THE CITY MANAGER: (714)640 -2153 Subject: License Agreement Extension and Insurance Renewal - Bayside Drive and E1 Paseo Property I am in receipt of your letter dated December 11, 1979, requesting an extension of your license agreement with the City for use of certain Bayside Drive and E1 Paseo property. Section 420 of the City Charter prohibits the City Council from extending any lease or contract for a period longer than twenty -five years. According to the City Attorney, this provision has generally been interpreted as authorizing the extension for twenty -five years from the date the Council approves the subject extension. As such, if the extension were approved in January 1980, the license agreement would be extended until 2005. As we discussed, this matter shall be placed before the Council as soon as possible; hopefully during the meeting on January 7th. In a related matter, the City Clerk advises me that the required Certificate of Insurance for lease of the subject property has lapsed. Please take the necessary steps to insure that the required insurance documentation is for- warded to the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663. If you have any additional questions or comments, please do not hesitate to contact me. cere OVINT to the City Manager xc: Clerk C ty Attorney City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 By the CITY COUNCIL CITY OF h'GeN" 4T RGACH TO: CITY COUNCIL FROM: Public Works Department L , .`%' September 9, 1974 CITY COUNCIL AGENDA ITEM NO. H -2 (c) C - 7 g�"- SUBJECT: TRANSFER OF LICENSE AGREEMENT FROM WILLIAM BLUROCK & PARTNERS RECOMMENDATIONS: -7 y Approve the transfer of a license agreement from William Blurock & Partners to Raygal Design Associates, Inc. subject to approval as to form by the City Attorney. DISCUSSION: William Blurock & Partners by letter dated August 30, 1974 has requested the City to transfer a 1. ense agreement from Blurock & Partners to Raygal Design Associates Inc. The license agreement grants permission to use a parcel of land at the corner of Bayside Drive and El Paseo Drive for automobile parking, landscaping, and access to adjoin- ing property. The City currently has a water easement over the parcel, (see attached sketch). At one time the City owned and operated a water" pumping station at this location. The water pumping station has been abandoned, however, the City still retains some piping and valving in the easement area. For this reason the ea�nt has not been abandoned. On January 29, 1962 by Resolution No. 5549 the City Council granted a license to Blurock, Ellerbroek & Associates for joint use of the easement area. Mr. Blurock is now transferring his interest in the property and as a condition of escrow it is required that the City approve the transfer. Since the City has a limited interest in this parcel, it is recommended that the transfer be approved. oseph T. evlin ublic W k Director JtD:hh Att. "�'t v ft y 0 � \i Fscc Oned 549 -354 0.2. - ice/ `�.PGL ... ...._ +oR.eS• I ..�... -� l I f r� J 4 >o• $A YS /OE N `�- Couisc .:3 occompon /ink /nop oFt �cheo . fa Oecdas �rrorCed o -N -36 N• in Boo•F 8..1 J fbgt7 /7 Ofricio/ t J AC K S. RA U B LAND SURVEYOR P. O. BOX 635. COSTA MESA. CALIFORNIA LICKNOW NO. 2312 SKETCH SHOWING LOCATION OG NEH/P02T BEACW wATE2 0E10A,27'/Yl6 -N7- OL.ANT N° 9 /vELf/P0.2T BEACH, CAL /F, Dar: SCALE FIXL0 BOOR CAI-C. B00% /.'- -47 _6. 3e - /O/ 1 JOE NO. 6/% Q s °'.o" e Q ,Gi8,zllVaON�� �, ° r'�* + � � .,PUMP /�t/�• � i ns �T PGdNT s � ti �- - - -J --' I --I -- - --- ---- -?oe.e —7— �� � � � � •Prrs•ived ter strya /fL psr d °o'42 C�' � �� (d 7,f'&-"3a (I zo_ - - - . L. - ._(lam L e 27. 24� - $A YS /OE N `�- Couisc .:3 occompon /ink /nop oFt �cheo . fa Oecdas �rrorCed o -N -36 N• in Boo•F 8..1 J fbgt7 /7 Ofricio/ t J AC K S. RA U B LAND SURVEYOR P. O. BOX 635. COSTA MESA. CALIFORNIA LICKNOW NO. 2312 SKETCH SHOWING LOCATION OG NEH/P02T BEACW wATE2 0E10A,27'/Yl6 -N7- OL.ANT N° 9 /vELf/P0.2T BEACH, CAL /F, Dar: SCALE FIXL0 BOOR CAI-C. B00% /.'- -47 _6. 3e - /O/ 1 JOE NO. 6/% Q RESOLUTION NO. 8352 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CONSENTING TO THE ASSIGNMENT St•n �Q?v TO YAGAL, SHEILA, AND SONENSHINE, AS COMMUNITY PROPERTY, OF THE INTEREST OF WILLIAM E. BLUROCK By fhe CITY COUNCIL & PARTNERS IN A LICENSE AGREEMENT FOR THE USE CITE fP M*!rM�JRF Y�iACH OF CERTAIN PROPERTY OVER WHICH THE CITY HAS AN EASEMENT FOR WATER PUMPING PLANT AND APPURTENANT PURPOSES WHEREAS, on January 29, 1962, the City of Newport Beach ( "City ") and Blurock, Ellerbrock & Associates ( "Blurock ") entered into a license agreement for the use of property over which the City owns a utility easement for water pumping plant and appur- tenant purposes, located at the northerly corner of the inter- section of Bayside Drive and E1 Paseo Drive in the City of Newport Beach; and WHEREAS, Blurock now wishes to assign said license agreement to Yagal, Sheila, and Sonenshine, as community property; and WHEREAS, Paragraph 7 of said agreement provides that it may not be assigned without the consent of City; and WHEREAS, consent to such an assignment has been requested by Blurock; and WHEREAS, the City Council has considered said request and finds that such an assignment will be in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby consents to the assignment of the license agreement referred to hereinabove ADOPTED this 9th day of September, 1974. Mayor ATTEST: City Clerk t DDO:mh 9/10/74 :I SEP ki 1974 By +he CITY COUNCIL CITY PF .ir�WPQ 4T BEACH August 30, 1974 City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Attention: City Clerk Gentlemen: ft 7�6 william blurock & partners architects planners � N N ` \0 � 0 m f v 0 r Q a c m m a , m As per Section 7 of License Agreement dated January 29, 1962 1 D between the City of Newport Beach and Blurock, EUerbroek & 0 Associates for the use of a parcel of land located.-on the Northerly ° corner of El Paseo and Bayside Drive, Corona del Mar, we are m hereby requesting trasfer of licens holde to R.s�ga1-Beeign 0 n The transfer is requested due to a change in leasee of the adjacent = property as referred to in the enclosed Irvine Company lease and referred to in Article XXIV, page 17 of same lease, m W As the transfer of this lease is now in escrow, your earliest N attention to this matter would be most Appreciated. m 0 Yours very truly, n WIL IAM BLUROCK t& PARTNERS William E. Blurock WEB /tm Enclosures cc: Mr. Joseph T. Devlin, Public Works Director Mr. Robert L. Wynn, City Manager,,, ,. parv,ar A% m qq � �arrner: LlarGlt?r: partner: F6' 9 �H a parCner: o A pare er m 3.�Y�� parmar: mproar: alun e. sm�Lh aia Q robart �. henCh aia a OwCn c. mCCO!`ke aia 0 A% m qq � F6' 9 �H a (4) o A m m m William e. bWrock feria � alun e. sm�Lh aia Q robart �. henCh aia a OwCn c. mCCO!`ke aia 0 iaCh i. 9Lnckland Wynn a ir. V 0. 11M. il.. rt Y i .dl.. na m. biurock A i .i•5 i . r.% i • �. IYt '• I ' r..r_ N.27 °1?6 OS'8- SO fi °l5.00 * r, Q W y0 ;. %=.:;..' - -_-" __ _ •,,gip_ -:,h ,o- h •` jAl ~- vE' 0 h v h 0 e j 0 r go _.1..,/ ZXH 11317 f� TITLE / THE IRVINE COMPANY L RLownt, EL�E�S• ?�E.0 EASE ENGINEERING DEPARTMENT PAZ. / +SD 07 5'.T• /. 12 DATE DRAWN BY CHECKED BY SCALE FILE _ _ br Article XVII h�mof• A,yri'I� II ,VS etion ord Effect t^e essence of tMis.lcare. Each ar3 oil of the cova:�nta, con- Tiers is of ditions anA restrictions hereof E ?IaU be z='en=-d as running vith the Led erd &,-u it c to the benefit of and ahau bonbir33rg uDoa .the successors in interest of Lessor, end subject to the restrictions of Article v hereof, the authorized cn.^onb"ancero, asai °es, transferees, aubtenan -ts, licensees end other successors in interest of Lsasee. Zho oblica-tions of the I'sc.^es uAf`r t4aio levee shall bs and are joint and sew-ral. A.S4'ICiz X:{IV_ ' Use of Aeie'-^ -^. LCD der has, obtained from the City of IL -vport Beach n Liccns3 Fc:--ctend o i�sseo hereon py land adjoining the leased lazad, rlsich pdjoinizt; 1-vx2 te1 to tha Beach, undcr a vrittan License dated Jn2k%i Ls'Y 2�, 19�, f� °tern of zS ccsaencia3 J.^�' Y 1, 1952., with an option in the Licensee thereuprr Lie. nne. for an as:_Utioml period. of five (5) Yea rs. Under muh License "i7" J Policy No. CLP 37444 Name WILLIAM E. BLUROCK,AN INDIVIDUAL AND Insured WILLIAM PARTNERS City of Newport Beach CERTIFICATE OF INSURANCE FOR LEASE OF CITY PROPER This is to certify that the UNITED PACIFIC INSURANCE COMPANY (Name of Company or Organization) of Poet 066.ice Box 10970, Santa Ana, CaUjonnia 92711 (Address of Company or Organization) WILLIAM E, BLUROCK AND WILLIAM- E. -81=CK AND PARTNERS has issued to (Name of Insured) 1550 Bayb.ide Drive, Corona Dee Mar., Ca.et6oAwa 92625 (Address of Insured) 7yo. lb n� The policy of Liability Insurance described herein, which by the attachment of the City Property Endorsement has been changed in accordance with the terms of the Endorsement. Coverages and limits of liability under the policy are not less than: BODILY INJURY PROPERTY DAMAGE $100,000 each person $50,000 each person $300,000 each occurrence $50,000 each occurrence CITY PROPERTY ENDORSEMENT This endorsement is attached to the policy described herein to assure compliance by the named insured with the terms and provisions of the lease, rental or other agreement entered into between the insured as Lessee and the City of Newport Beach as Lessor. The Company or Organization amends the policy described herein as follows: I . If the policy is cancelled or changed so as to affect the coverages, at least fifteen (15) days prior written notice of such cancellation or change will be sent to the Lessor, City of Newport Beach, c/o City Manager, 3300 Newport Boulevard, Newport Beach, California 92660. 2. The Lessor City of Newport Beach, its officers, and employees are hereby declared to be additional insureds in the policy described insofar as they may be held liable for injuries, deaths, or damage to property occuring in or about the leased premises including negligence of the city and the company waives any right of contribution which it may have against any other insurance carriedby the additional insureds. INSURANCE REQUIREMENT Lessee shall, at his own expense, take out and keep in force during the within tenancy, public liability insurance, in a company or companies to be approved by the Lessor, to protect the City of Newport Beach, its officers and employees against any liability, including negligence of the City, to any person incident to the use of, or resulting from injury to, or death of, any person occuring in, or about the demised premises, in the amount of not less than $100,000.00 to insure against the claim of one person; in the amount of not less than $300,000.00 against the claims of two or more persons resulting from any one accident; and $50,000.00 for damage to property. - Said policies shall obligate the insurance carriers to notify the Newport Beach City Manager in writing, not less than fifteen (15) days prior to the cancellation thereof, or any other changes affecting the coverage of the policies. Lessee shall furnish as proof of public liability insurance, a fully executed copy of City form, "Certificate of Insurance for Lease of City Property" and "City Property Endorsement." Lessee agrees that, if Lessee does not keep such insurance in full force and effect, Lessor may take out insurance and pay the premiums thereon, and the repayment thereof shall be deemed to be additional rental. This endorsement countersigned by an authorized representative of the Company or Organization becomes applicable endorsement number 28 Effective Date of Policy: 5 -1 -71 Expiration Date of Policy: 5 -1 -74 Dated: September. 4, 19 73 at Newpoht Beach, Ca.U6wtlt.i.a. (City) (State) Name of Agent or Broker: ANDERSON 6 ANDERSON, INC. Address of Agent Countersigned By IMPORTANT —THIS FORM IS THE ONLY CERTIFICATE OF INSURANCE ACCEPTABLE TO THE CITY OF NEWPORT BEACH OFFICE OF THE MANAGER August 1972 a � M _: .. _ _ The Council of the City of Newport Beach, on January 29, 1962, authorized the execution of a license agreement between the City and Blurock. Ellarbroek and Associates. An executed copy of said license agreement is attached hereto, and two signed copies of Resolution No. 5549, authori- zing the agreement, are attached. Very truly yours, Margery Schrouder City Clark City of Newport Beach MS:mv Encs. 4' 5 6 9 101 11 12 13 14 151 16 17 I) 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 alty Clow Ali II� ;mec 6/62 (6) 2 3 4 5 6 7 8 91, 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 w A ,.,... $NSE AGREEMENT j THIS LICENSE AGREE�, mode %and entered into this day of , 1962, by and., l�4kWeen the CITY OF NEWPORT BEACH, ereinaft referred to as Licensor or City, and BLUROCK, ELLERBROEK & ASSOCIATES, a artnership, hereinafter referred to as Licensee; } WITNESSETH: 1. Property. For and in consideration of the land - scaping and maintenance of the premises, and the performance of all the covenants and conditions of this agreement, City hereby grants to Licensee a permit, license, and privilege to use and occupy certain property as herein provided situated in the.City of Newport Beach, County of Orange, State of California, 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. Subject to covenants, conditions, 'restrictions, reservations, rights of way, and easements of record. 2. Term. The license.is granted for the term of twent (20) years, commencing on January 1, 1962,. and ending on.Dec.ember 31, 1981; subject, however, to earlier termination in the event City abandons the use of said property for water reservoir and water pumping plant purposes, and said property reverts to The Irvine Company pursuant to the deed of conveyance to City dated February 9, 1950. 3. Use. Licensee shall use said property for the parking of automobiles, landscaping, and for vehicular and pedes- trian access to its proposed building on adjoining land leased from The Irvine Company. The use of said property by Licensee j 2 3 4 5. 7 8 9 10 11 12 13 14 15 16 j . 17 18 19 20 21 22 23 y shall not interfere in any way,wi,kt he,use of said property City tot the purposes for whin t was acquired,:. omit, water resex"ir..and water pumping p nt purposes. 4. Licensee shall remoae.:existing utility wires above the surface <,gnd shall plat %;,said ilities underground. Licensee shall pave and maintain anip road to City utilities over which City shall have access at all times. All work shall be subject to the approval and supervision of City. S. Licensee shall h;tY'no control over City facilities now or hereafter located on said property, which shall remain under the exclusive control of City. City reserves the right during emergencies to enter upon any portion of said property with emergency equipment to service City facilities on said property. City reserves the.right to use.any portion of said property to extend or remove its existing facilities, or to build new facili- ties during the term of this agreement. 6. Licensee may, at. its sole cost and expense, construe and maintain a parking lot and sidewalks on said real property. Licensee 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 improve'• ments shall be in accordance with the .plot plan attached to us.e Permit No. 799, on file in the City Planning Department and incor- 24 porated herein by reference. 25 7. This license is not transferable without the written 26 consent of Licensor. Any unauthorized'transfer shall. result in 27 automatic termination. 28 8. Licensee agrees to indemnifyc,and hold City- hai-mless 29 from all demands, claims, and liability for damages arising out of 30 or resulting from injury or death to persons or damage to property 31 caused by, growing out of, or occurring in connection with the use 32 of said premises by Licensee or the construction, maintenance, 2 s ` YC n.i:'.✓,i.w. i 4.:�. :A 1L x � � t � l;+,b• v,i.' � R'..� � .'.i+ i El v. 1' repair or removal of Licenpeel,o, -g pi jitiqs thereon. 2 -,,Licensee shall cp lic liability insurance in amoun po # not less than $25, �pr Poo to, one person 4 and 50 000 for bodily injury in any pne.accident, and $10,000 5 property.0amage coverage. shall, -recigire that ,the ,City be 6 named as an;additional 'Wed on said policy and shall file a certificate of insurance with theCity Clerk showii*'� such coverage 8 which certificate must provide that the,City will be given ten (10) 9 days' notice of expiration or termination of the insurance cover 10 age. Failure to maintain the insurance coverage shall result in 11 termination of this license. 12 9. Licensee agrees to indemnify the City for any loss 13 from fire caused by any activities of Licensee or agents of 14 Licensee in connection herewith. 15 10. Licensee may renew this license for.an additional 16 period of five (5) years upon so advising -City in writing no 17 later than November 1, 1981. 18 11. For purposes of administration, the.City Manager of 19 City may perform any act on behalf of City that is.set forth in 20 this agreement, but either the City Manager or Licensee may take 21 any matter to the City Council for its decision. 22 IN WITNESS WHEREOF, the parties hereto have executed 23 this agreement as of the day and year firstlabove.written. 24 CITY OF NEWPORV-B-YAC 26 26 Mayor Attest* 27 28 City Clerk. 29 30 BLiJERBROEK & ASSOCIATE' B 31 3. C : 2 N/= 40' 3$ 4" I 0� �o � l0 �EASEMEn/T 0 S 60 °05'30 'E ez 37' fig E - J S3,25 Q� $ ea,lf 4, n CITY W47,e,0 DEPT PkbPE2TY \/ I�E2 0.2. /971//22 a� V 0 � 2ESE ?vED FOR ST ?EET 1'U ?F0SE3 I .y4 (4 =78 °02'36' v3- 90, do 0°42'01, N I 2- 1025' B!_ Y_S_/_D_E C Ou?S6 73 AS SNOwN ON THE I ` COU.PSF_ `N 4COOMA,4NY /N6 MAP ATTACHED TO DEED AS RECO ?/JEO 6-11•36 I /N O.R. 8301217, GRANGE CO., CqL /F. 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITY WATER DEPARTMENT PROPERTY EL PASEO DRIVE AND BAYSIDE DRIVE DRAWN GLK DATE APPROVED ASST. P BLIC WORKS DIRECTOR R.E. N0. DRAWING No. L- 501 1 - R/W If 0 City Newport Be7�C 3300 Newport Boulevard Newport Beach, California 92660 714,/673-2110 August 21, 1973 Blurock, Ellerbroek and Associates Nam_ tcad: 4 ;ILL7.4, ';LU -`-' 2515 East Coast Highway id s ✓z 1550 :13ce; -s -'- 'an, Corona del Mar, California 9,2625' Ca i,6ot,iva Subject: Certificate of insurance Coverage for City Property at the Corner of E1 Paseo Drive and Bayside Drive Gentlemen: It has come to my attention that you currently hold the lease for a parcel of City property at the corner of El Paseo Drive and Bayside Drive. Under terms of the lease agreement you are required to have public liability in- surance. On November 20, 1972, the Newport Beach City Council approved a uniform Certificate of Insurance in order that we may establish an efficient schedule of certificate issuance and be certain that insurance requirements are uni- formly met by all individual lessees. A copy of the City Council approved document is enclosed. Please ask your insurance broker or carrier to execute the enclosed Certifi- cate of Insurance for lease of City property and return the document to: Mrs. Laura Lagios, City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 This form is the only certificate acceptable to the City. Your immediate at- tention to insuring that it is completed and returned to the City would be greatly appreciated. Please call me if you have any questions concerning the certificate. Very truly,yours,,% JUDY L. KELSEY Administrative Assistant to the City Manager - - JLK:pg Enclosure cc: City Clerk To: From: CITY OF NEWPORT BEACH City Cler'.c City Attorney CITY ATTORNEY DEPARTMENT January 29, 1962 Subiect: License Agreement with Bluroc;.c, Ellerbroelc & Associates Traasmitted herewith is a License broe� & Associates concernin.Q the northerly corner of Bayside Drive with a resolution which, if adopt authorize the execution of same. RAN :mec E_1cs. cc - City Manager Public Works Director Agreement with Blurocc, Eller - use of City land at t_le and El Paseo Drive, together ad by the City Council, will Walter W. Charamza City Attorney By C CA R. A. Nbwel Assistant City Attorney d ;J