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
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J A C K S . R A U B
LAND SURVEYOR
O. BOX 695. COSTA MESA. CALIFORNIA LICEN9i No. 2312
SKETCH SHOWING LOCATION OF
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J A C K S . R A U B
LAND SURVEYOR
O. BOX 695. COSTA MESA. CALIFORNIA LICEN9i No. 2312
SKETCH SHOWING LOCATION OF
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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
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I IOXHIBIT "A"
1
1 I
LICE'! SE
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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 $10,000
5 property damage covera &e. Licensee shall require that the City t
I
6 I named as an additional insured on said policy and shall file a
7 j certificate of insurance Fith the City Clerk showing such coverag
8 which ce:�ti£icate must provide that "the City will be givea tea (1
9 I,days' notice of expiration or termination of the insurance cove =-
.
10 !I age. Failure to maintain the insurance covzraoe shall result is-
11 ; termination of this license.
12 9.. 'Licensee agrees to indemnify the City'for %any loss
13 from fire caused by .any activities'of Licens'ee.or agents of
141 Licansee in con-iection he ewith .
15` 10 License_ may renew this license for an additional
16 I` period of five =(5) years upon so advis#*& City in writing'no M. A
17 II later than November.l, 1981.
18 ' 11. .,.For purposes. of administration, the City.Manager o_
19 I City may perform any act on behalf:of City that is.set' forth in
20 1; this agreement, but either the City Manager or Licensee may take
If
2111 any matter to the City Council for its decision.:.
22 II IN WIT,YESS WHEREOF, the parties hereto have executed. "
23 ; this agreement as of the. day and year fiist above written. '
24 ; CITY LOF `�?IP02 BB A ^H
25 BY/ C ��
26I� `v. .. Mayor
Attest:
28 I City C er<
29 I
30
BL ,,� ELLERR930DE�h�& ASSSOCIi1Tc',
� By��l
31
U 3..
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v.1
_rrr�
.
,45.
p�
AFCC Q
record, if any.
46,
.81'r Nortn 1lruad� +ay. :.jnta Ana,
Calll n:n.:,
3.
A deed of Trust. of record, securing a Note with an approximate unpaid balance
isu u.. ro 90107 Ese,aw JU,,,n xa Ci,° !�..lun^ 1.
. -.. Date.
Febrca;v 14, 1983
49.
of record. '
50.
1.
Buyer has handed escrow holder the sell of----------- ---- --
- - -$ 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
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22
231
24
i
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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�
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BA YS /OE
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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,
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_ 1/...9.1•• ._L. _•
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�-' 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 !
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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.
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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
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LAND SURVEYOR
P. O. BOX 635. COSTA MESA. CALIFORNIA LICKNOW NO. 2312
SKETCH SHOWING LOCATION OG
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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
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As per Section 7 of License Agreement dated January 29, 1962 1
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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
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�arrner:
LlarGlt?r:
partner:
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Wynn a ir. V
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_.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
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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
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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
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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
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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'
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TO DEED AS RECO ?/JEO 6-11•36 I
/N O.R. 8301217, GRANGE CO., CqL /F.
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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
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