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Home My WebLink AboutC-1077 - Use of Old Castaway parking lotHJS;cbd 2 + 3 10 -19 -66 AW LICENSE J THIS LICENSE AGREEMENT, made this day of jj� 1966, by and between THE IRVINE COMPANY, a West Virginia corpora- tion, hereinafter "Licensor" and THE CITY OF NEWPORT BEACH, a municipal corporation, hereinafter "Licensee." RECITALS Licensor is the owner of certain real estate in the City of Newport Beach, California, commonly known as the old Castaway parking lot, as shown in red on the map attached hereto as Exhibit "A ". The parties hereto wish to make arrangements to permit Licensee to deposit street sweepings on said parking lot in return for which Licensee will remove similar deposits of Licensor, upon the following terms and conditions. W I T N E S S E T H; 1. Licensor hereby grants to Licensee a non - exclusive License to enter upon the land of Licensor as shown in red on Exhibit "A ", which is attached hereto and is hereby incorporated herein, 2. The term of this License shall be for one year commen- cing on the date of this agreement, provided however, that either party hereto may terminate this License upon thirty (30) days notice in writing to the other party. 3. Licensee may utilize the licensed land for the deposit of street sweepings, provided however, that Licensee will remove said sweepings from the licensed property not less than twice a week. In addition, Licensee agrees to remove any and all street sweepings deposited on the licensed property by Licensor in the same manner. 7-3`!' e° r� 41 4. In the event all or any portion of the licensed property shall be taken under the right of eminent domain, Licensee shall have no right or interest in any such condemnation award, and this License shall not be deemed to reduce the value of said property. 5. Licensee shall conduct its operations hereunder in compliance with all public laws, ordinances and regulations appli- cable thereto and in such manner as to cause the least possible hazard to persons and property. In exercising its rights under this License, Licensee shall maintain the premises in a neat and orderly condition. 6. Licensor shall not be liable for any loss, damage or injury of any kind to any person or property caused by or arising from any act or omission of Licensee or any of Licensee's employees or agents or in connection with the use of the licensed property by Licensee's members or guests or to the property or person of any of Licensee's employees or agents or of any other person whatsoever, and Licensee, as a material part of the consideration hereof, hereby waives all claims against Licensor for any such loss, damage or injury suffered by Licensee, and hereby agrees to indemnify and hold Licensor free and harmless from all liability for any such loss, damage or injury of other persons, together with all costs and expenses occasioned thereby. 7. Licensee shall not suffer or permit any lien, claim or other charge to be filed or made upon or against the land or any part thereof by reason of any of said operations, and Licensee agrees to indemnify and hold Licensor and the land free and harm- less from any such liens, claims and charges and any and all damages and liability in connection therewith. IN WITNESS WHEREOF, the parties hereto have executed this License as of the day and year first above written. NVA .r 0 APPROVED AS TO FORM: TULLY HWSEYMOUR6, City At orney SEAL FS� Attest: 4' THE IRVINE COMPANY V-c esident Assistant Secretary "Licensor" CITY OF NEWPORT BEACH By Mayor -3- I s..a n Zp I Y ex.a o¢. \\ C::3 ; 60 oil Q�Q 0 ��[Y DD ❑ G °4fV O s�Q0 00 u Po oo MO exyh8 /T A ELY C� DD 1p 0 Yss as 1f 2 3j 4. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 I (12) RE50-1,IrfM go. 6460 A &EScLUT= of THSAM COUNCIL OF 3'HE CITY OF NEWPORT WACH AUTHORIZIX THE E=UTSN OF A LICENSE A=X=W WITH THE IRVINE CO VANY FOB USE OF TIM 40 CAISUUT PAi'IX=G UPT WMW.EAS, The Irvine Qprpany is the owner of certain real estate in the City of Newport Death cocamonly known as the old Castway parking lot; and WHEREAS,. there bas been presented to the City Coil of the City of Newport Butch a certain liaemse agreement unAer whieb The lrvina Company grants permission to the City to deposit street sweepings on said parking lot in return for the removal by the City of street sweepings.4spos.i,ted on said property.by the company; and WHEREAS. the City Council has considered the terms and conditions of said agreenent and found tbam to be reasonable and equitable and in the interests of the City; NOW9 TMEFORE, BE XT RESOW D that saki license agree- ment is approved and the Mayor and City Cleric are koxaby antboriaed and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 14th day of November, 1966. ATTEST: �1g UZL�,' C!i f 0 THE IRVINE COMPANY 13042 MYFORD ROAD, IRVINE, CALIFORNIA 92664 . TELEPHONE (714) 544 -0120 November 22, 1966 City of Newport Beach 3300 W. Newport Blvd. Newport Beach, California Attention: Laura Lagios Acting City Clerk Gentlemen: Enclosed is the fully executed original of the license agreement between The Irvine Company and the City of Newport Beach granting permission to dump street sweepings in the old Castaway parking lot. Sincerely, rl aW4� Terence A. Welsh Manager, General Leasing Real Estate Department TAW :dj Attachment r ?T� ��,; • sly s The Irvine Company 13042 Myford Road Irvine, California 92664 0 November 18, 1966 Attention: Mr. Terence A. Welsh, Manager General Leasing, Real Estate Department Gentleman: Enclosed are two copies of a License Agreement under . which The Irvine Company grants permission to the City of Newport Beach to deposit street sweepings on the old Castaway parking lot in return for the removal by the City of street sweepings deposited on said property by the Company.. This agreement was authorized by the City Council by the adoption of Resolution 6460 on November 14, 1966, copy of which is attached. After execution of said agreement, please return original to my office. 1 Very truly yours, . . l Laura Lagios Acting City Clerk LL:b j enc - 3 i �L" 7. P CITY OF NEWPORT BEACH CITY ATTORNEY .DEPXr5M November 2, 1966 L_ To: Acting City Clerk J From: City Attorney Subject: License agreement with The Irvine Company Attached are the original and two copies of the subject agreement under which The Irvine Company grants permission to the City to deposit street sweepings on the old Castaway parking lot in return for the removal by the City of street sweepings deposited on said property by the company together with a letter pertain- ing thereto dated October 21, 1666, from The Irvine Company to the City. The agreement has been approved by me as to form. Also transmitted is a resolution which, if adopted by the City Council, will approve the agreement and authorize its execution on behalf of the City. It is requested that this matter be presented to the City Council for consideration at their meeting on November 14, 1966. THS:mec Atts. Tul .� City l Attorne cc - City Manager General Services Director (Attention: Herbert A. Thompson) dC..'Rv. }LV.aam�.ID '�'� • 0 THE IRVINE COMPANY 13042 MYFORD ROAD, IRVINE, CALIFORNIA 92664 • TELEPHONE (714) 544 -0120 October 21, 1966 City of Newport Beach 3300 Newport Avenue Newport Beach, California Attention: Herbert A. Thompson, General Inspector Gentlemen: Thank you for your letter of September 19, 1966. Enclosed you will find three copies of a License Agreement authorizing the city to dump street sweepings on the old Castaway parking lot between pick -up days. I believe this agreement reflects the discussion you had with Mr. Cummings, and trust you will find it satisfactory. Please have copies numbered 1 and 2 signed by the ap- propriate officials and return to us for signature, after which copy number 1 will be returned to you. Sincerely, rTerence , Welsh Manager, General Leasing Real Estate Department TAW:dj Attachments: (3)