The URL can be used to link to this page

Home My WebLink AboutC-1030 - License Agreement (for Encroachment for 2222 University Drive)• - L• i] I• v Exam*meetdont, Iglus* � Government Cods 8103 Scc v 1 R,ccub to'g EXEMPT—' Cl RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Beach Boulevard Newport Beach, CA 92663 _Space above this line for RECORDED at OFF;C;,! P., o OF OitO.MtiA CCWi y . —c.;c �;A �.ii1: ;;;ct.;A P,'=Z JJNd 3 0 '82 1 LEE A. BRAtiCFf ou_` r f'lF6i,r l r� nF �\, -iPEACH — dbf �E�s 1982 i / I Recorder's use only LICENSE AGREEMENT THIS AGREEMENT, made and entered into this 23rd day of February ,1982, by and between the CITY OF NEWPORT BEACH, a muni- cipal corporation, hereinafter referred to as "CITY," and Bay Corporate Plaza Associates, hereinafter referred to as "OWNER," is made with reference to the following facts: A. CITY owns certain public street rights -of -way (hereinafter referred to as "rights -of -way") to atedl-in_ the_City of Newport Beach, County of Orange, State of California, which "rights -of -way" are more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein. B. OWNER owns that certain real property located at 2222 University Drive in the City of Newport Beach, County of Orange, State of California, which real property is more particularly described as Parcel 2 of Resubdivision 211, as shown on a map filed in Book 3, page 35, of Parcel Maps, Records of Orange County, California, and which real property is contiguous'to the aforesaid rights -of -way. C. These rights -of -way also contain public utility easements. D. CITY has water, sewer, street light, and storm drain facilities located within said rights -of -way. E. CITY desires to condition approval of construction of a private 4" sewer force main over a portion of said rights -of -way con- taining said utility facilities. 1 F. The parties hereto desire to execute an Agreement pro- viding for fulfillment of the conditions imposed by CITY on OWNER as a precondition for the granting of permission to construct the private sewer. NOW, THEREFORE, in consideration of their mutual promises, the parties hereto agree as follows: 1. DEFINITION "Private Sewer" (hereinafter "improvements") shall be defined to include a 4-inch-diamater PVC Force Main and appurtenances. 2. RIGHTS OF OWNERS OWNER may construct, reconstruct, install, maintain, use, operate, repair and replace said improvements, all in substantial conformance with plans and specifications therefor on file in the CITY's Public Works Department, in, on, and across those certain rights -of -way described in Exhibit."A" hereto, subject to CITY's issuing an encroachment permit to perform the aforementioned work. 3. OWNER's DUTIES OWNER shall properly and regularly maintain the improve- ments and shall timely pay all costs and expenses incurred in doing so. In the event that OWNER fails to maintain the improvements pro- perly and/or regularly, CITY may at its option, assume the maintenance of the improvements and OWNER agrees to pay all costs incurred by CITY in maintaining the improvements. 4. REPAIRS CITY has the right to make such repairs to the improve- ments as it deems necessary for the protection of the public health, welfare and safety, OWNER agrees to reimburse CITY promptly for the reasonable costs and expenses incurred by CITY in effecting such repairs. 5. RESTORATION Should CITY be required to construct, maintain, remove, repair, renew, replace or enlarge the water, sewer, storm drain or other public facilities within said rights -of -way, CITY may remove all or part of the improvements and, in such event, -2- (a) OWNER shall restore the improvements to their con- dition prior to removal by the CITY, said restoration to be completed within sixty (60) days from notice to OWNER that CITY has completed its work; and (b) OWNER agrees to pay any costs of restoration of the improvements. 6. INDEMNIFICATION OWNER agrees to indemnify, defend, and hold CITY, its officers, agents and employees harmless from all demands, claims, losses or liability that arise out of or that are in any way related to the construction, use, maintenance or restoration of the improvements. 7. BREACH In the event either party breaches any material provi- sion of this Agreement, the other party at its option may, in addition to the other legal remedies available to it, terminate this Agreement, and, in the event the breaching party is OWNER, CITY may remove all or part of the improvements installed by OWNER within rights -of -way. Termination because of breach shall be upon a minimum of ten (10 days' notice, with the notice specifying the date of termination. In the event of litigation commenced with respect to any term or condition of this Agreement, the prevailing party shall be entitled to reasonable attorney fees and costs incurred. 8. SEVERABILITY The provisions of this Agreement are independent and severable, and the invalidity or partial invalidity or unenfor- ceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provisions hereof. 9., RECORDATION Each of the parties hereto specifically consents to the. recordation of this License Agreement in the Office of the County Recorder of Orange County, California, and the covenants, restricitons and charges hereunder, and all their benefits and burdens, shall run with the land, pursuant to Section 1468 of the Civil Code of the State of California. 3 i 10. ASSIGNMENT The terms and conditions of this Agreement shall be binding upon the successors and assigns of OWNER, and shall also be binding upon owners who take title to the property by reason of foreclosures, trustee's sale, or otherwise. 11. NOTICE When notice is to be it shall be addressed as follows: CITY City of Newport Beach Office of City Attorney 3300 Newport Boulevard Newport Beach, CA 92663 Notice shall be deemed given as of the date of mailing when notice is properly addressed and mailed with first class postage prepaid. EXECUTED the day and year first above written at Newport Beach, California. APPROVED AS TO FORM: given pursuant to this Agreement, City Attorney STATE OF CALIFORNIA, COUNTY OF 1111111nInn! iInnnnpI1nIInnn1nn eHnnuLnp zE, OFFICIAL SEAL JOANNE J. SMITH == NOTARY PUBLIC-CALIFORNMA = i ,rlA�" LOS ANGELES COUNTY „My Commission Expires June 7, 1985 ;mean n n 1U)f II u n Iu n f l I nff 111111111111111n 111 o f 111 OWNER Bay Corporate Plaza Associates 3001 S. Harbor Blvd. Santa Ana, CA 92704 CITY OF NEWPORT BEACH, a Municipal Corporation ayor 0 . _ : • BAY COPLAZA ASSOCIATES By el D. President Bay Develo . 7 ' Corporation By"� Stan Michota --• ,, _� .; as , On this before me, the undersigned, a Notary Public in and for said State, personally appeared '� �� President, and known to me to be the to be the of ,the corporation that executed within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be a general partner of �AY CoRp1p ;� a partnership, the partnership that executed the within instrument and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. , known me known �G L h4EN A ,GAap _ LYb1C -1 IS -A GENERAL PARTNER_ WOLCOTTS FORM.230___' Signature • </ '^ w w -- Notaa (This area .or official notarial .r,i. - • • - ; I-----. - __ ...1- • • . • -, ts. . e3 -- --0 41 % ......... .. __ k..4,..........._......_ i.,-,,- , .._. _ - ------,-- - . T - , . - 1,-; 1 7- • , fr.. , --','••-. ---•-•gsu r..‘k • ----- -- a. , •-c- I, 17 , i . i - n2pr4ct t F-- . * * t. T 7 TT . - . 5'Viral _-_--1_: - .._ — _ .. . ...... _ .. _ l • • *Z'1 ... , • c?' 'S k __- • ki .ts • 0, rd ' 7 - -, - , . , 1 ____.;-____,....,_._ . ...... _...-- ; ! • '" : 7 T' 1 -r- ',. , 1 ' "f- , ----1--". ---; , 1 . 1 ... _ Elm. 7 , ! _ .. _ . ,.7.1__ • -,,,. ,. . r, ; •.... - - 7 77 - --r- ----,---;-- --t—i----r-- ' .c.2r.k.4...,,....., --4--- .2„.„. 7Z;41•161e 1 , i '7-7- 1.----_,. --------.. .a-, ,/ 4:724-,-....1. ttI — --.....,,i4e=,,.....-__,4,_,_._.i 1 4-7-rj A, , 1 ----i— -- -- .-4,.. ‘1,,,, •I‘ -era 1----1-7----------- ---- ---r-fr 4 '--- ' ---:.7,-,..iv-i,r5f-airt--------1- —i- ---r--- ...,....,...., .....-N.,_ ' . T --t— . . --- . .1 , . I 7, ... , . -- --• --7--, r,---- r -- , , 7 . ---.-- - —•— - -.4.--i-.---. •-• 41 «--- , -»- . I .,--- • r r 1 .--.--T--. - r..` . 1 . . I 1- .... _. _ ... _ .. ... _ . _ ^ '', . . , , -.... -- ..... ... ... - - - .-- ..... - 1---1 ...--_,__....._ . 7 . ;,...... ::::-...- ..,..........._ 41,-1 . 1 , ail r"-----14,-,---' '-' .... - --- T, - •-------------1- 1 1._ 7.1. _ -- • (J.+ •14/-• • ' ' --- 4. v 71--TT XI ' , I 7f •K . gv7 .7.„Oz2t, I I C fjf 45L. c--- • *2 NO4tOV.,140, • 0;7,2\ brig 7.P.22sT4,1 tr;,777[17-77.7-7,7c:tiel-70- , 9/.49 nE, -"S -96 171 <.X.7 ;.;:t-,--511 c...7,7„,..9 I Lk) co JJ OW m