HomeMy WebLinkAboutC-1502 - License Agreement for Radio Tower on Union Bank BuildingLICENSE AGREEMENT
THIS LICENSE AGREEMENT ( "License ") made this 9 day of ,
1996, by and between THE IRVINE COMPANY, a Michigan corporation ('•Li
and the CITY OF NEWPORT BEACH, a Municipal Corporation ("Licensee,,).
RECITALS
Licensor is the owner of certain real property, located at 610 Newport
Center Drive, Newport Beach, California (the "Building "). The parties desire
to provide for the use by Licensee of a portion of the roof of the Building as
provided below.
TERMS AND CONDITIONS
1. Licensed Area: For valuable consideration, receipt of which is
hereby acknowledged and the covenants and conditions to be observed and
performed by Licensee, Licensor hereby grants to Licensee a license and
permission to enter upon the area to install and maintain one antenna
( "Antenna ") on the roof of the Building in a location designated by Licensor
( "Licensed Area "). Licensor reserves the right upon reasonable notice to
Licensee to require either (a) the relocation of all equipment installed by
Licensee to another location on the roof of the Building, or (b) the removal
of any or all of such equipment should Licensor determine that its presence
may result in damage to the Building and that Licensee has not made
satisfactory arrangements to protect Licensor therefrom.
August 1, 1996
2. Term: The term of this License shall commence on and
expire at midnight on May !31!, *999+
July 31,1
3. Use: Licensee shall use the Licensed Area for the installation
and maintenance of the Antenna (of which the height, appearance and
installation procedures must be approved in writing by Licensor) and the
necessary mechanical and electrical equipment to service said Antenna.
Licensee may have access to the Licensed Area during normal business hours and
at other times by providing Licensor with reasonable prior notice and by
reimbursing Licensor for any expenses incurred by Licensor in connection
therewith.
4. Rental: Licensee agrees to pay rent for the use and occupancy of
the Licensed Area at the rate of One Hundred Fifty Dollars ($150.00) per
month, payable in advance on the first day of each and every calendar month
during the term of this License. Licensee shall direct all rental payments to
the address set forth under the signature blocks hereinbelow.
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5. Licensee's Operations: During the term of this License, the
Licensed Area and all equipment placed and maintained thereon shall be used by
the Licensee for the use specified and for no other use or purpose. Licensee
shall not use or permit any other person to use the Licensed Area, or any part
thereof, for any purposes tending to injure the reputation thereof or for any
improper or offensive use or to constitute a nuisance and Licensee shall at
all times conform to and cause all persons using any part of the Licensed Area
to comply with all public laws, ordinances and regulations from time to time
applicable thereto and to all operations thereon.
Licensee shall require its employees, when using the Licensed
Area, to stay within the immediate confines thereof. In addition, in the
event a cable television system is operating in the area, Licensee shall at
all times during the term of the License conduct its operations so as to
ensure that the cable television system shall not be subjected to harmful
interference as a result of such operations by Licensee. Upon notification
from Licensor of any such interference, Licensee agrees to immediately take
the necessary steps to correct such situation, and Licensee's failure to do so
shall be deemed a default under the terms of this License.
During the term of this License, Licensee shall comply with any
standards promulgated by applicable governmental authorities or otherwise
reasonably established by Licensor regarding the generation of electromagnetic
fields. Should Licensor determine in good faith at any time that the Antenna
poses a health or safety hazard to occupants of the Building, Licensor may
require Licensee to remove the Antenna or make other arrangements satisfactory
to Licensor. Any claim or liability resulting from the use of the Antenna
shall be subject to the indemnification obligation as set forth in the
Paragraph below entitled " Licensor's Nonliability."
6. Removal: Upon the expiration or earlier termination of this
License, Licensee shall remove the Antenna and all other equipment installed
by it and shall restore the Licensed Area to its original condition.
7. Licensoe's Nonliability: Licensor shall not be liable for any
loss, damage or injury of any kind whatsoever to the property of Licensee or
the property or person, including death, of any of Licensee's employees,
agents or invitees or of any other person whomsoever caused by any use of the
Licensed Area or occasioned by the failure on the part of Licensee to maintain
said Licensed Area in safe condition, or by any act or omission of Licensee or
of any of Licensee's employees, agents or invitees, or arising from any other
cause whatsoever; and Licensee, as a material part of the consideration of
this License, hereby waives on its behalf all claims and demands against
Licensor for any such loss, damage or injury suffered by Licensee, and hereby
agrees to indemnify, defend and save Licensor free and harmless from liability
for any such loss, damage or injury of third persons, and from all costs,
expenses and charges arising therefrom or in connection therewith, including
reasonable attorneys' fees. In addition, Licensee agrees to reimburse
Licensor for the cost of repairing any damage to the Building caused by the
exercise of Licensee's rights hereunder.
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8. Liens: Licensee shall not permit to be enforced against the
Licensed Area any mechanics', materialmen's, contractors' or other liens
arising from, or any claims for damage growing out of, any work of
installation, repair or alteration as herein authorized or otherwise arising
(except from the actions of Licensor) and Licensee shall pay or cause to be
paid all of said liens and claims before any action is brought to enforce the
same against Licensor or the Licensed Area; and Licensee agrees to indemnify
and hold Licensor and the Licensed Area free and harmless from all liability
for any and all such liens and claims and all costs and expenses in connection
therewith.
9. Taxes: During the term of this License, Licensor shall pay all
taxes attributable to the Building of which the Licensed Area is a part, and
Licensee shall pay all taxes attributable to the Antenna and other equipment
owned and installed by Licensee.
10. Assignment: This License shall not be assignable in whole or in
part, and any attempted assignment thereof, without the consent of Licensor,
shall immediately terminate this License.
11. Remedies: Should Licensee default in the performance of or breach
any covenant or condition on Licensee's part to be kept and performed under
the Lease or this License, then in any such event Licensor may, at its option,
without prejudice to any other right or remedy it may have, terminate this
License and the Lease by giving Licensee written notice of such termination,
and upon such termination all rights of Licensee shall cease and end.
12. Covenants and Conditions: This License and each and all of the
covenants and conditions hereof shall inure to the benefit of and shall bind
the successors in interest of Licensor and subject to the restrictions set
forth in the above Paragraph entitled "Assignment," the successors and assigns
of Licensee.
13. Notices: All rents, notices or other communication shall be sent
by first -class mail or personally delivered to the notice address set forth
under the signature blocks below, or at such other places as the parties may
hereafter designate in writing.
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The parties hereto have executed this License as of the date first above
written.
LICENSOR:
THE IRVINE COMPANY,
a Michigan corporation
By
William R. Halford, Vice President
and General Manager, Irvine Office Company,
a division of The Irvine Company
By
r hn C. Tsu
ssistant Secretary
NOTICE ADDRESS:
The Irvine Company
C/o PM Realty Group
630 Newport Center Drive, Suite 100
Newport Beach, CA 92660
With a copy of notices to:
The Irvine Company
P.O. Box 6370
Newport Beach, CA 92658 -6370
Attn: Vice President, Operations
stho=s /license /nevport.lic
LICENSEE:
CITY OF NEWPORT BEACH,
a Municipal Corporation and
Charter City
By
Title
By P �- h oil k
Title.
NOTICE ADDRESS:
City of Newport Beach Police Dept.
870 Santa Barbara
Newport Beach, CA 92660
4 2/6/96/st
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
November 3, 1995
TO: Chief Bob McDonell, Police Department'
FROM: Robin Clauson, Assistant City Attorney
RE: License Agreement for Radio Tower on Top of
Union Bank Building
In 1972, the Irvine Company granted a license to the City
to use a portion of the roof of the office building located at 610
Newport Center Drive to install and maintain two antennas and
associated transmitters for the Police Department. The License
Agreement has been amended five times since 1972. Amendment No. 5
will expire on December 31, 1995.
Please advise if the Police Department wishes to continue
the license or has had any discussions with the Irvine Company to
extend the license. Attached is a copy of the original Agreement,
and the last amendment. Each of the amendments to the Agreement
have extended the term for five year terms with the exception of
the last extention, which was for three years. Under the most
recent amendment the City pays $150.00 a month for the license.
The last contact for this license was the PM Realty Group, C/O
Irvine Office & Industrial Company, 620 Newport Center Drive, Suite
300.
R B CLAUSON
Assistant City Attorney
RC: de
CC: Kevin Murphy, City Manager
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CITY *jF NEWPORT B&CH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: February 5, 1993
SUBJECT: Contract No. C -1502
(714) 644 -3005
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CPAY
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Description of Contract Amendment No. 5 to License Agreement
(Antenna Site Located at 610 Newport Center Drive)
Effective date of Contract
27, 1993
Authorized by Minute Action, approved on January 11, 1993
Contract with The Irvine Office & Industrial Company
Address c/o PM Realty Group
620 Newport Center Drive, Suite 300
Newport Beach, CA 92660
Amount of Contract (See Agreement)
,�'" ` .
Wanda E. Raggio
City Clerk
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Attachment
3300 Newport Boulevard, Newport Beach
4 i
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
December 1, 1992
ITEM N0. 3
TO: Mayor and Members of the City Council
FROM: Robin Flory, Assistant City Attorney
C - 1�OL
CITY CGU�'�_-_;
EWPORT
I
RE: Amendment to License Agreement Between City of
Newport Beach and the Irvine Company
In 1972, the City of Newport Beach and the Irvine Company
entered into a License Agreement. This License Agreement granted
the City the right to use a portion of the roof of the office
building located at 610 Newport Center Drive, Newport Beach,
California, for the purpose of installing and maintaining two (2)
antennas and associated transmitters. This License Agreement has
been amended four (4) times. The term of the most recent
Amendment, Amendment Number 4, will expire on December 31, 1992.
The attached Amendment Number 5 to the License Agreement would
extend the term three (3) years commencing January 1, 1993 and
ending December 31, 1995. All other terms of the License Agreement
will remain the same.
Recommendation: It is respectfully recommended that, if
desired, the City Council authorize the execution of the attached
Amendment Number 5 to the License Agreement.
RF:ch
Attachment
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
January 15, 1993
(714) 6443005
Michael Lutton, President
Irvine Office & Industrial Co.
550 Newport Center Dr., Ste. 700
P.O. Box I
Newport Beach, CA 92658 -8904
Dear Mr. Lutton:
Enclosed is the Amendment No. 5 to License Agreement, approved by
the City Council on January 11, 1993, for the City to use a portion
of the roof of the office building located at 610 Newport Center
Drive, for the purpose of installing and maintaining two antennas
and associated transmitters.
Please have the agreement signed and return to us.
Upon return of the agreement, we will have Mayor and City Clerk
sign and one copy will be forwarded to you for your files.
Sincerely,
ZLel�let, Ce, A�
Wanda E. Raggio
City Clerk
WER:pm
Enclosure
3300 Newport Boulevard, Newport Beach
0 0
February 1, 1993
Ms. Wanda E. Raggio -
City Clerk
City of Newport Beach fLa 4' "i993
Office of The City Clerk
P.O. Box 1768
Newport Beach, CA 92659 -1768
RE: Amendment 5 to License Agreement, 610 Newport Center Drive, Roof
T
Dear Ms. Raggio:
a
Enclosed are signed amendments for The City's antenna at 610 Newport Center
a
Drive.
'a
Please return one (1) fully executed original document to:
00
The Irvine Office & Industrial Company Z - - - j 3
c/o PM Realty Group
620 Newport Center Drive, Suite 300
Newport Beach, CA 92660
Thank you for your assistance in this matter. If I can answer any questions, please
feel free to call me at 729 -1463.
.
Very truly yours,
a
PM Realty Group
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David M. Thompson, CPM:
Senior Property Manager
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AMENDMENT NO 5 TO LICENSE AGREEMENT
THIS AMENDMENT NO. 5 to License Agreement ( "Amendment No. 511)
is made this p2-7#' day of \Ia-nu 4 , 1993, by and
between THE IRVINE COMPANY, a Michigan corporation, successor in
interest to The Irvine Company, a West Virginia corporation
( "Licensor "), and the CITY OF NEWPORT BEACH, a Municipal
Corporation and Charter City ( "Licensee ").
RECITALS
The parties hereto are Licensor and Licensee respectively
under that certain License Agreement dated December 19, 1972
( "License Agreement "), as previously amended by Amendments dated
January 26, 1978, December 10, 1982, March 18, 1983 and March 3,
1988, which License Agreement grants to Licensee the right to use
a portion of the roof and penthouse of the Office Building located
at 610 Newport Center Drive, Newport Beach, California for the
purposes of installation and maintenance of two (2) antennas and
associated transmitters.
It is the mutual desire of the parties hereto to further amend
the License Agreement to extend the term and increase the monthly
rental as hereinafter provided.
WITNESSETH•
1. The modifications to said License Agreement contained in
this Amendment No. 5 shall be effective as of January 1, 1993.
2. Paragraph No. 2, Term, is hereby amended by extending the
term of the License Agreement for three (3) years, commencing
January 1, 1993 and ending December 31, 1995.
3. Paragraph No. 3, Rental, is hereby amended as follows:
Basic Annual Rental shall be One Thousand Eight Hundred Dollars
($1,800.00), payable in equal monthly installments of One Hundred
Fifty Dollars ($150.00), at the time and in the manner provided in
the License Agreement.
i
4. The Agreement and this Amendment No. 5 may be terminated
at any time prior to the term provided in Paragraph No. 2 above
upon thirty (30) days written notice. Except as herein and
heretofore amended, the License Agreement shall remain unchanged
and shall continue in full force and effect during the term
specified herein.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date first above written.
"Licensor"
THE IRVINE COMPANY,
A Michigan Co r /a��¢t�ion,
DBA Irvine O�]l /ll Industrial Co.
M
Michael T. Lutton, President
Irvine Office & Industrial Co.
By
Ric rd A.
Vi Presi
Irvine Off
"Licensee"
es,
, Operations
& Industrial Co.
THE CITY OF NEWPORT BEACH,
A Munlz#al corporation
Mayor
ATTEST:
By
City Clerk
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. MR
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: March 22, 1988
SUBJECT: Contract No. C -1502
Description of Contract License Agreement, Amendment No. 4
regarding Antenna Site Located at 610 Newport Center Drive
Effective date of Contract March 3, 1988
Authorized by Minute Action, approved on February 8. 1988
Contract with Betzv White, Asset Manager, The Irvine Company
Address 600 -D Newport Center Dr.
Newport Beach CA 92660
Amount of Contract (See Agreement)
"W� (�e 4�et
Wanda E. Raggio
City Clerk
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Attachment
3300 Newport Boulevard, Newport Beach
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AgendAem #:F-3a
BY THE CITY COUNCIL
MEMORANDUM CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY FEB 8 1988
APPROVED
February 8, 1988
TO: Mayor and Members of the City Council
FROM: Carol A. Korade, Assistant City Attorney
RE: Amendment to License Agreement Between City of Newport
Beach and the Irvine Company
In 1972, the City of Newport Beach and the Irvine
Company entered into a License Agreement. This License Agreement
granted the City the right to use a portion of the roof of the
office building located at 610 Newport Center Drive, Newport
Beach, California, for the purpose of installing and maintaining
two (2) antennas and associated transmitters. This License
Agreement was amended three (3) subsequent times. The term of
the most recent Amendment, Amendment Number 3, expired on
December 31, 1987. The attached Amendment Number 4 to the
License Agreement would extend the term for five (5) years
commencing January 1, 1988 and ending December 31, 1992, All
other terms of the License Agreement will remain the same.
Recommendation: It is respectfully recommended that,
if desired, the City Council authorize the execution of the
attached Amendment Number 4 to the License Agreement.
-o� a. bo.k
Carol A. Korade
Assistant City Attorney
CAK /mlh
attached
M171 • 171 • • M71.H' 7171 171
THIS AMMMMU NO. 4 to License Agreement ( "Amerdment No. 411) is made
this 4-t-oe-_ day of 1988, by and between THE IRVINE COMPANY, a
Michigan corporation, successor in interest to The Irvine Company, a west
Virginia corporation ( "Licensor "), and THE CITY OF NEWPORT BEACH, a Municipal
Corporation and Charter City ( "Licensee ").
The parties hereto are Licensor and Licensee respectively under that
certain License Agreement dated December 19, 1972 ("License Agreement "), as
amended by Amendment No. 1 dated January 26, 1978, Amendment No. 2 dated
December 10, 1982, and Amendment No. 3 dated March 18, 1983, which License
Agreement grants to Licensee the right to use a portion of the roof and
penthouse of the Office Building located at 610 Newport Center Drive, Newport
Beach, California for the purposes of installation and maintenance of two
antennas and associated transmitters.
It is the mutual desire of the parties hereto to further amend the
License Agreement to extend the term and increase the monthly rental as
hereinafter provided.
W I T N H S S F T H.
1. The modifications to said License Agreement contained in this
Amendment No. 4 shall be effective as of March 1, 1988.
2. Paragraph 2, Term, is hereby amended by extending the term of the
License Agreement for five (5) years, commencing January 1, 1988, and ending
December 31, 1992.
-1-
2/22/88/lp
3. Paragraph 3, Rental, is hereby amended as follows: Basic Annual
Rental shall be One Thousand Eight Hundred Dollars ($1,800.00), payable in
equal monthly installments of One Hundred Fifty Dollars ($150.00), at the time
and in the manner provided in the License Agreement.
4. Except as herein and heretofore amended, the License Agreement shall
remain unchanged and shall continue in full force and effect during the term
specified herein.
IN WrMESS WHEREOF, the parties hereto have executed this Agreement as of
the date first above written.
THE MR= COMPANY,
a Michiaan corvorat
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Or,
G. Sim, Priagi
nt Properties
Secretary
"Licensor"
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ATTEST:
tl City Clerk
APPROVED AS nTO FORM:
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February 24, 1988 ^ -\
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Ms. Irene Butler
Assistant City Clerk
CITY OF NEWPORT BEACH
P.O. Box 1768
Newport Beach, CA 92658 -8915
RE: AMENDMENT NO. 4 TO LICENSE AGREEMENT REGARDING AN ANTENNA SITE
LOCATED AT 610 NEWPORT CENTER DRIVE
Dear Ms. Butler:
Thank you for your letter and Amendment dated February 12, 1988.
The Amendment you issued does not reference the increase in monthly
rent to $150.00 per month.
I have already asked our Legal Department to issue an Amendment No. 4
to your License Agreement and as soon as this is prepared, I will forward
it to you for execution. This amendment will extend the term and show
the agreed upon monthly rent of $150.00 per month.
Thank you for your help with this matter. Please feel free to call me
at 720 -2621 if you have any questions or problems regarding the
amendment.
Thank you.
Sincerely,
n
Betzy White
Asset Manager
Asset Management
BW /smh
600 -D Newport Center Drive, Newport Beach, California 92660 • (714) 720 -3550
A Division of The Irvine Company
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
February 9, 1988
TO: CITY CLERK
FROM: City Manager
SUBJECT: TRANSMITTAL TO THE IRVINE COMPANY
Please have the Mayor execute the License
Agreement. Following execution, transmit said
Agreement to The Irvine Company for their execution.
n
/ROBERT
L. W" YNN
CITY OF NEWPORT BEACH
February 12, 1988
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Ms. Betsy White
Property Manager Office Bldgs.
The Irvine Company
600 -D Newport Center Dr.
Newport Beach, CA 92660.
(714) 644 -3005
Subject: AMENDMENT NO. 4 TO LICENSE AGREEMENT REGARDING AN ANTENNA
SITE LOCATED AT 610 NEWPORT CENTER DRIVE
Dear Ms. White:
Enclosed are two originals of the above-referenced agreement, ::Mich
was approved by the City Council of Newport Beach on February 8,
1988.
Please have the agreement signed and return it to us.
Upon return of the agreement, we will have the Mayor and City Clerk
sign same, and one copy will be forwarded to you for your files.
Sincerely,
, . jz'q� / �
rene Butler
Assistant City Clerk
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3300 Newport Boulevard, Newport Beach
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IRVINE OFFICE CONFAW
February 26, 1988
MAR i' 199a
Ms. Irene Butler
Assistant City Clerk �f
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658 -8915
r
RE: AMENDMENT NO. 4 TO LICENSE AGREEMENT REGARDING AN ANTENNA
SITE LOCATED AT 610 NEWPORT CENTER DRIVE
Dear Ms. Butler:
Thank you with your patience while we prepared subject
document.
Please have all FOUR (4) copies of the Amendment executed
and returned to my office in the enclosed envelope.
I will return one copy of the fully executed agreement to
you after it is processed by the Irvine Office Company.
Please feel free to call me if you have any questions
regarding this procedure (720- 2621).
Sincerely,
"�3;J ZrZ&
Betzy White
Asset Manager
BW:et
Encl.
600 -D Newport Center Drive, Newport Beach, California 92660 • (714) 720 -3550
A Division at The Wine Company
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CITY -OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
March 3, 1988
Ms..Betzy White
Asset Manager
Irvine Office Company
600 -D Newport Center Drive
Newport Beach, CA 92660
Dear Ms, White:
(714) 644 -3005
RE: AMENDMENT NO. 4 TO LICENSE AGREEMENT REGARDING AN ANTENNA SITE
LOCATED AT 610 NEWPORT CENTER DRIVE
Enclosed are four executed copies of the said above agreement.
Please execute and return one copy to this office for the City files.
Sincerely,
Irene Butler
Assistant City Clerk
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Enclosure(s)
3300 Newport Boulevard, Newport Beach
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RVWE OFFICE CDNFAW
March 18, 1988
MAR 2 2' 1958
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Ms. Irene Butler
Assistant City Clerk
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658 -8915
RE: Amendment No. 4 to License Agreement regarding an antenna
site located at 610 Newport Center Drive
Dear Ms. Butler:
Thank you for all your assistance in routing subject document.
Enclosed for your records are two (2) copies of the fully
executed Amendment No. 4.
The rent increase from $120 /month to $150 /month will be
effective with your MARCH RENT. Your statement may not
indicate this in March, but will in April.
If you have any questions regarding this matter, please feel
free to contact me at (714) 720 -2621.
Sincerely,
a+ ak
Betzy White
Asset Manager
Encl.
BW:et
600 -D Newport Center Drive, Newport Beach, California 92660 • (714) 720 -3550
A Division of The Irvine Company
6 0 ---
CITY OF NEWPORT BEACH
P.U. BOX 1768, NEWPORT BEACH, CA 92663 -3884
OFFICE OF THE CITY CLERK
(714) 640 -2251
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: May 23, 1983
SUBJECT: Contract No. C -1502
Lu 1- -�.,mal-\ (j-' lay) �3
Description of Contract License Agreement, Amendment No. 3
regarding an antenna site located at 610 Newport Center Drive
Effective date of Contract March 18 1983
Authorized by Minute Action, approved on February 14, 1983
Contract with Ronald A. Mittins, Property Mgr Office Bldgs.
Address THE IRVINE COMPANY
1071 Camelback Street. P.O. Box 1
Beach. CA 92660
Amount of Contract $120.00 per month (See Agreement)
Wanda E. Andersen
City Clerk
WEA:lr
attach.
3300 Newport Boulevard, Newport Beach
tr.
APPROVED
r 8 14 1983
y the Ci7Y Cv^UidaL
14 WORT ORT 95ACH
TO:
FROM:
SUBJECT:
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
February 14, 1983
CITY COUNCIL
AGENDA ITEML= _Z. /.GJ
MAYOR AND CITY COUNCIL
City Manager
POLICE RADIO TOWER LICENSE AGREEMENT
In 1973 the City entered into a five -year agreement with
The Irvine Company for use of a portion of the Union Bank
Building premises at 610 Newport Center Drive as a Police
radio tower installation site. Attached is a copy of the
original agreement.
The agreement which was extended by Council action for
five years in 1978 again requires renewal.
The currently authorized monthly rent paid pursuant to the
agreement is $85.00 per month. The proposed renewal agree-
ment, which would be for another term of five years, would
increase the rental fee to $120.00 per month.
It is recommended that the proposed renewal agreement be
authorized for execution so that this important Police
communications facility can be maintained.
ROBERT L. WYNN
City Manager
RLW /jmb
Attachment
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--,cx LICENSE AGREEMENT --
:_VARD
CALIF. 9266D
THIS LICENSE AGREEMENT made this ygr4 day of 9Ft'E�r nsR,
1�7L, by and between. THE IRVINE COMPANY, a Vest Virginia corporation,
hereinafter "Licensor ", and the CITY OF NEWPORT BEACH, California,
hereinafter "Licensee ".
RECITALS
Licensor herein is the owner of certain real property
located at 610 Newport Center Drive in the City of Newport Beach,
County of orange, State of California, commonly known as the Union
Bank Building, hereinafter "Building ". The parties hereto desire
to provide for the use by Licensee of a portion of the roof and
penthouse of said Building as hereinafter provided.
W I T N E S S E T H:
1. Licensed Area: In consideration of the rent herein
specified to be paid, and the covenants and conditions to be
observed and performed by Licensee, Licensor does hereby license
to Licensee an area to install and maintain an antenna on the
roof of the Building, in a location designated by Licensor, and
use of a space not exceeding 36 square feet in the penthouse
of said Building in the area shown in red on Exhibit "A ", which.
Exhibit is attached hereto and made a part hereof. Both areas
C.S. are hereinafter collectively the "Licensed Area ". Licensor reserves the right upon reasonable notice to Licensee to require
the relocation of all equipment installed by Licensee in the
penthouse to another location within the penthouse,at Licensor's a ense.
2. Term: The term of this License shall be five (5) years,
commencing q.M 19a and terminating
OClece- .w -�-L✓ 3,L 19g7, provided, however, that either party may
at any time terminate this License upon sixty (60) daysyrtiYf9R`;`N}\
notice to the other party hereto,
C�4'C�Of
,Y
3. Rental: Licensee agrees to pay as rental for the use
and occupancy of the Licensed Area the sum of Seventy -five and
No /100ths Dollars ($75.00) per month, payable monthly in advance
on the first day of each and every calendar month during the term
hereof, commencing 19 73* -
Any installment of rent accruing under the provisions
of this License or any other payment due Licensor under this
License, which shall not be paid when due, shall be subject to a
late charge of ten percent (107) per annum from the date when due
and payable by the terms of this License until the same shall be
paid. All payments hereunder shall be made in lawful money of the
United States.
4. Use: Licensee shall use the Licensed Area for the
installation and maintenance of an antenna, of which the height
and appearance must be approved in writing by Licensor, and the
.necessary mechanical and electrical equipment to service said
i
antenna. Provided Licensee is not in default hereunder, Licensee
may have access to the Licensed'Area twenty -four hours per day,
seven days per week.
5. Licensee's Operations: During the term of this License,
the Licensed Area and all equipment placed and maintained thereon
shall be used by the Licensee for the use specified and for no
other use or purpose. Licensee shall not use or permit any other
person to use the Licensed Area, or any part thereof, for any
purposes tending to injure the reputation thereof or for any
improper or offensive use or to constitute a nuisance and Licensee
shall at all times conform to and cause all persons using any part
of the Licensed Area to comply with all public laws, ordinances
and regulations from time to time applicable thereto and to all
operations thereon.
- 2 -
5
G • (r
Licensee shall require its employees, when using the
Licensed Area, to stay within the immediate confines thereof.
6. Removal: Ujr the expiration or earlier termination
of this License, Licensee shall rt,aove the antenna and all other
equipment installed by it.and shall restore the Licensed Area to
its original condition.
7. Licensee's Nonliability: Licensor shall not be liable
for any loss, damage or injury of any kind whatsoever to the
property of Licensee or the property or person, including death, of
any of Licensee's employees, agents or invitees or of any other
person whomsoever caused.by any use of the Licensed Area or occasioned
by the failure on the part of Licensee to maintain.said Licensed
Area in safe condition, or by any act or omission of Licensee or
of any of Licensee's employees, agents or invitees, or arising -
from any other cause whatsoever; and Licensee, as a material part
of the consideration of this License, hereby waives on its behalf
all claims and demands against Licensor for any such loss, damage
or injury suffered by Licensee,,and hereby agrees to indemnify
and save Licensor free and harmless from liability for any such
loss, damage or injury of third persons, and from all costs,
expenses and charges arising therefrom or in connection therewith.
8. Liens: Licensee shall not permit to be enforced `
against the Licensed Area any mechanics', materialmen's, contractors'
or other liens arising from, or any claims for damage growing out
of, any work of installation, repair or alteration as herein
authorized or otherwise arising (except from the actions of
Licensor), and Licensee shall pay or cause to be paid all of
said liens and claims before any action is brought to enforce
the same against Licensor or the Licensed Area; and Licensee
agrees to indemnify and hold Licensor and the Licensed Area free
and harmless from all liability for any and all such liens and
claims and all costs and expenses in connection therewith.
- 3 -
4
5
9. Taxes: During the term of this License, Licer..;or
shall pay all taxes attributable to the Building of which the
Licensed Area is a part, and Licensee shall pay all taxes attri-
butable to the to the antenna and other equipment owned and
installed by Licensee.
10. Assignment: This License shall not be assignable,
in whole or in part, and any attempted assignment thereof, withbut
the consent of Licensor, shall immediately terminate this License.
11, Remedies: Should Licensee default in the performance
of or breach any covenant or condition on Licensee's part to be
kept and performed, then in any such event Licensor may, at its
option, without prejudice to any other right or remedy it may
have, forthwith terminate this License by giving Licensee written
notice of such termination, and upon such termination all rights
of Licensee hereunder shall cease and end.
12. Covenants and Conditions: This License and each and
all of the covenants and conditions hereof shall inure to the
benefit of and shall bind the successors in interest of Licensor
and subject to the restrictions of Paragraph 10 above, the suc-
cessors and assigns of Licensee.
IN WITNESS WHEREOF, each of the parties hereto has caused
this Lease to be executed by two of its officers thereunto duly
authorized and its corporate seal to be affixed, as of the day
and year first above writt -
G'
THE IRVINE COMPANY/ S� OF NEWPORT BEACH
BYi`..i,W�
G "i Y t,LUit(
"Licensor" "Licensee"
- 4 -
\., ' � I k.
NEWPCRT CENTER DRIVE
FLOOR 2 3 4567 8910 11 12 13 14 15 16 17 18
OFFICE AREA.
PRORATA SHARE OF COf.9A1ON AREA
TOTAL RENTABLE AREA
EXHIBIT "A"'
13
0 0
RESOLUTION NO. 8 3 - 1 9
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AUTHORIZING THE MAYOR & CITY
CLERK TO EXECUTE AMENDMENTS TO A RADIO TOWER
LICENSE AGREEMENT
WHEREAS, on December 19, 1972, the City of Newport
Beach and The Irvine Company entered into a License Agreement
pursuant to which the City is authorized to use a portion of the
premises at 610 Newport Center Drive, Newport Beach, Ca., as a
radio tower installation site; and
WHEREAS, the original agreement was amended by the City
Council in 1978 to extend the term of the agreement to and
including December, 1982; and
WHEREAS, it is in the best interests of the City of
Newport Beach to again extend the term of the License Agreement
for an additional five (5) year - period, subject to a slight
increase in the rental to be paid for the site of the radio
tower.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the Mayor and City Clerk be and
hereby are authorized to execute an amendment to the License
Agreement between the City of Newport Beach and The Irvine
Company, a copy of which is attached to this Resolution as
Exhibit "A ".
ADOPTED this day of FEB 14 , 1983.
/S/ Evelyn R. Hart
Mayor
ATTEST:
Irene Butler
City Clerk (Deputy)
RSP /Radio
AMENDMENT TO LICENSE AGREEMENT
THIS AMENDMENT to License Agreement, made this _ day
of , 1983, by and between THE CITY OF NEWPORT BEACH, a
Municipal Corporation and Charter City (hereinafter "Licensee ")
and THE IRVINE COMPANY, a West Virginia Corporation (hereinafter
"Licensor ") is made with reference to the following facts:
A. Licensor and Licensee have entered into a License
Agreement, dated December 19, 1972, and amended on January 26,
1978, which Agreement grants to Licensee the right to certain
premises within a structure located at 610 Newport Center Dr.,
Newport Beach, Ca., for the purposes of housing radio and
communications equipment;
B. It is the desire of Licensor and Licensee to extend
the term of the License Agreement referenced above and to
increase the monthly rental for the rights granted therein.
NOW, THEREFORE, the parties hereto agree as follows:
1. A License Agreement dated December 19, 1972, as
amended on January 26, 1978, is hereby amended as follows:
(a) Paragraph 2 of the License Agreement (term) is
hereby amended by extending the term of the License Agreement for
five (5) years, commencing January 1, 1983, and ending December
31, 1987;
M
EXHIBIT A
(b) Paragraph 3 of the License Agreement (rental)
is hereby amended to increase the basic annual rental to One
Thousand Four Hundred Forty Dollars ($1,440.00).
2. Except as herein amended, the License Agreement
referred to above shall remain unchanged and shall continue in
full force and effect during the term specified herein.
Licensee
Attest:
City Clerk
z roved as to Form & Content:
Robert H. Burnham
City Attorney
AGP /TIC
3
2
THE CITY OF NEWPORT BEACH
By:
Mayor
Licensor
THE IRVINE COMPANY
By:
i -
7W IRVINE CWRA1VY
1071 Camelback Street, P.O. Box I
Newport Beach, California 92660 -9959
(714) 720 -2M
May 17, 1983
Ms. Wanda E. Anderson
City Clerk
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92663 -3884
RE: Amendment Number 3 to License Agreement
Dear Ms. Anderson:
a,
19CU ®.
Enclosed is a fully executed copy of Amendment Number 3 to your
license agreement for an antenna site located at 610 NCD.
Please retain this copy for your records.
Thank you.
Sincerely,
Ronald A. Mittins
Property Manager
Office Buildings
RAM /cb
enc.
AFICIAL DOCUMEA
AMENDMENT NO. 3 TO LICENSE AGREEMENT
THIS AMENDMENT NO. 3 to License Agreement, made this '1 t/1 day
of <i�.;(jT 1963, by and between THE CITY OF NEWPORT BEACH, a
Municipal Corporation and Charter City (hereinafter "Licensee ") and THE IRVINE
COMPANY, a Michigan corporation, successor in interest to The Irvine Company, a
West Virginia corporation (hereinafter "Licenser ") is made with reference to
the following facts:
A. Licensor and Licensee have entered into a License Agreement,
dated December 19, 1972, as amended by Amendment No. 1 dated January 26, 1978,
and Amendment No. 2 dated December 10, 1982, which Agreement grants to Licensee
the right to use a portion of the roof and.penthouse of the Office Building
located at 610 Newport Center Drive, Newport Beach, Ca., for the purposes of
installation and maintenance of two antennas and associated transmitters;
B. It is the desire of Licensor and Licensee (i) to terminate
Amendment No. 2 because it was not approved by the City Council of the City of
Newport Beach and (ii) to extend the term of the License Agreement referenced
above and (iii) to increase the monthly rental for the rights granted therein.
NOW, THEREFORE, the parties hereto agree as follows:
1. The License Agreement dated December 19, 1972, as amended on
January 26, 1978 and December 10, 1982, is hereby amended as follows:
(a) Amendment No. 2 dated December 10, 1982 is terminated
effective December 10, 1982;
(b) Paragraph 2, Term, is hereby amended by extending the term
of the License Agreement for five (5) years, commencing January 1, 1983, and
ending December 31, 1987;
1
0
(c) Paragraph 3, Rental, is hereby amended to increase the basic
annual rental to One Thousand Four Hundred Forty And No /100 Dollars ($1,440.00),
payable in equal monthly installments of One Hundred Twenty and No /100 Dollars
($120.00), at the time and in the manner provided in said License Agreement.
2. Except as herein and heretofore amended, the License Agreement
referred to above shall remain unchanged and shall continue in full force and
effect during the term specified herein.
IN WITNESS WHEREOF, the parties hereto have executed this 41ENDMENT
NO. 3 TO LICENSE AGREEMENT as of the day and year first above written.
Attest:
1
City Clerk
Approved as to Form & Content:
Rd>drt H. Burnha
City Attorney
2
Licensee
THE CITY OF NEWPORT BEACH
By : 4� /C l�
Mayo
Licensor
THE IRVINE COMPANY
La
et *m• IMRAW) vrr siden
istant
cretary
A
0
9 c — 50c)�
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92663 -3884
OFFICE OF THE CITY CLERK
(714) 640 -2251
March 21, 1983
Ronald A. Mittins, Property Manager
Office Buildings
THE IRVINE COMPANY
1071 Camelback Street
P.O. Box I
Newport Beach, CA 92660
Dear Mr. Mittins:
Enclosed are the three executed copies of Amendment No. 3
of the license agreement for an antenna site located at
610 Newport Center Drive in Newport Beach. .
Please execute and return one copy to our office for the
City files.
Thank you.
Sincerely,
Wanda E. Andersen
City Clerk
WEA:lr
encs.
cc; Gerry Bolint, Ass "t to City Manager
3300 Newport Boulevard, Newport Beach
4
CITAF NEWPORT BE90H
M MORANDUM: From Assistant to the City Manager
TO..---... -- --- ..... CIT.Y._CLERK ................... °MARCH:a�.......e
SUBJECT: LICENSE AGREEMENT /Use of 610 Newport Center Drive
for Antenna Installation
The above referenced agreement was approved by the
Council on February 14, 1983.
The Irvine Company (lessor) has revised the agreement
as prepared by the City Attorney's office and sent the
revised document back to us for execution. I have given
it to the City Attorney for approval as to form.
You should receive three copies back from the Attorney
for follow -up execution. Once your office and the Mayor
have executed them, send all three copies to:
GJB ; mm
Reply wsmted p
Reply not necessary O
j Ns.&
Ronald A. Mittins, Property Manager
Office Buildings
THE IRVINE COMPANY
1071 Camelback Street
P.O. Box 1
Newport Beach, CA 92660
TW IRVINE CWPAW
1071 Camelback Street, P.O. Box I
Newport Beach, California 92660.9959
(714) 720 - 2444. r�
March 4, 1983
(� J
n it W
Mr. Gerry J. Bolint q �'
City of Newport Beach w
City Hall
3300 Newport Boulevard
Newport Beach, CA. 92663
Re: Amendment No. 3
Dear Mr. Bolint:
Enclosed are three copies of Amendment No. 3 to your license agreement
for an antenna site located at 610 Newport Center Drive, Newport
Beach.
Amendment No. 3 reflects the changes that we discussed in a telephone
conversation the other day.
Please sign all three copies in the spaces provided and return them
to me for execution on behalf of The Irvine Company.
A fully executed copy of the Amendment will be returned to you for
your records.
Thank you.
Sincerely,
I:i
Property Manager
Office Buildings
RAM /Is
Enclosures: 3
6 0 C� -i5o�
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
(714), 640 -2153
February 16, 1983
Mr. Martin Moylan -
Property Management
The Irvine Company
1071 Camelback.Street
Newport Beach, CA 92660
Dear Mr. Moylan:
SUBJECT: %USE OF 610 NEWPORT CENTER DRIVE
FOR ANTENNA INSTALLATION
Enclosed is the original and three copies of the amendment to
the above - referenced License Agreement. This amendment was
approved by the Council on February 14, 1983. Please note
that the effective date of the amendment is January 1, 1983.
Include any retroactive payments due in our next billing notice.
Please execute all copies and return all but the one marked
"Irvine Company" to the Office of the City Clerk, 3300 Newport
Boulevard, Newport Beach.
Thank you again for your patience in this matter.
Sirkerelx.
GER
Asstr}t he City Manager
GJBIcTs xc: ty Clerk (letter only)
Chapman, Police Department (letter only)
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
February 3, 1978
MEMO TO THE FILE:
Copy of agreement to Capt. Heeres on this date.
Ethel
En
00 so ft
a e CITY OF NEWPORT BEACH
CALIFORNIA
City 11a11
3300 W. Newport Blvd.
Area Code 714
DATE February 3, 1978
T0: FINANCE DIRECTOR
FROM: City Cleric
SUBJECT: Contract No. Ameadmant to Contract 1502
Description of Contract 3icenea Agreement for Radio Tower/Union Bea B1 9.
Authorized by Resolution No, 9266 , adopted on Jamv,ry 23. 1978
Effective date of Contract I,n,,a ^24, 1978
Contract with The Twine c a=
Address r/n R4whara Cnwhran_ gnila4no mgr_
Ain Nw art bntar nr_ - nth Fleer
Amount of Contract Newport Beach, CA 92660
b'aa Cnntrint
—City Clerk
ft
February 2, 1978
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Attn: City Clerk
Gentlemen:
00
THE IRVINE CWP AW
610 Newport Center Drive
Newport Beach, California 92663
(714) 644 -3011
Enclosed is the fully executed Official Document copy of
Amendment No. 1 to License Agreement covering a portion
of the roof and penthouse of the office building located at
610 Newport Center Drive, Newport Beach, California. Please
retain this copy in your files.
Thank you for your cooperation.
Since y,
"6'r ai�/,_�
Richard C. Cochran
Manager, Office Buildings
Newport Center
gb
Encl.
k
January 26, 1978
Mr. Richard Cochran
Building Manager
610 Newport Center Drive
8th Floor
Newport Beach, CA 92660
Subject: License Agreement for Radio Tower
ft
Enclosed is the original and two copies of Amendment No. 1 to the
above referenced Agreement of December 19, 1972. The Amendment
was authorized by Resolution No. 9266 at the City Council meeting
of January 23, 1978.
Please have the original and copies executed, retain one copy for
your files and return the original and one copy to this office.
Doris George
City Clerk
eg
Enclosures (3)
PLFASE RETURN TO
CITY CLERK
' _,kR: 12/21/77 CITY OF MMAIAMWEACH ++� ,T
3300 NE1MP0 1LEVARD ; ` g �
0 Aka .:.aT
NEWPORT BEACH, CALIF. 92663
AMF.NI>r M NO. 1 ' . LICENSE AGREEMENT
MIS AMEMANT -NI NO. 1 TO LICENSE ACM 1 MENl' executed this ,6 4k day of
197f, by and between T1-[E IRVINE COMPANY, a Michigan
orporation, successor in interest to The Irvine Company, a 19est Virginia
corporation, hereinafter "Licensor ", and CITY OF NEWPORT BEACH, CALIFORNIA,
hereinafter "Licensee ".
RECITALS
The parties hereto are Licensor and Licensee respectively under that
certain License Agreement dated December 19, 1972, covering a portion of the
roof and penthouse of the office building located at 610 Newport Center
Drive, City of Newport Beach, County of Orange, State of California, as more
particularly described in said Lease.
It is the mutual desire of the parties hereto to amend said License
Agreement to extend the term thereof, and in other particulars as hereinafter
provided.
W I T N E S S E T H:
1. The modifications to said License Agreement contained in this
Amendment No. 1 shall be effective as of January 1, 1978.
2. The Term of said License Agreement is hereby extended for an additional
period of five (5) years commencing January 1, 1978 and ending December 31,
1982.
3. Commencing January 1, 1978, Basic Annual Rental shall be One Thousand
Twenty Dollars ($1,020.00), payable in equal monthly installments of Eighty -Five
Dollars ($85.00), at the time and in the manner provided in said License
Agreement.
4. Paragraph 4. Use: of said License Agreement is hereby amended by the
addition of the following new paragranh 4 -a:
"4 -a: At any time during the term of this License Agreement, upon
sixty (60) days prior notice to Licensor, Licensee may install
and maintain one additional transmitter and associated antenna for
the sole purpose of sending teleprinter messages to mobile units.
Such transmitter (send only) shall operate on an assigned frequen�_._
of 506.5125 mgH with a maximum power of 45 watts. The power ERIS
shall not exceed 110 watts. Such installation and maintenai
an additional transmitter shall be subject to all of the s and n
_b CITY cl :r„
FE
ciry
NcVJPQPT
Z, CALIF. �
\ i
conditions of the License Agreei'v:it as amended except as to rental.
Commencing on the date of such im,tallation, and continuing for the
balance of the tern, rental as provided shall be increased by an
additional Forty Dollars ($40.00) per month."
S. Except as herein amended, said License Agreement of December 19,
1972 shall remain unchanged and shall continue in full force and effect.
IN WITNESS tVIIP.RF.OF, the parties hereto have executed this AMENDMENT
NO. 1 TO LICENSE AGREBV NT as of the day and year first above written.
THI: IRVINE COMPANY
N
VI
-2-
CITY OF NEWPORT BEAM, CALIFORNIA
Mu
Mayor
L-3
"LICENSEE"
ATTEST:
ity Clerk
APPROVED AS TO FORM:
City Attorney
JAN 23 1978
By 11w GTY COUNCIL
CITY OF l r#MT IGACh
RESOLUTION NO. 9266
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO
LICENSE AGREEMENT BETWEEN THE CITY OF NEWPORT
BEACH AND THE IRVINE COMPANY IN CONNECTION
WITH SPACE FOR POLICE RADIO ANTENNA AND
TRANSMITTING EQUIPMENT
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Amendment No. 1 to
License Agreement between the City of Newport Beach and The
Irvine Company in connection with space for Police Radio Antenna
and transmitting equipment; and
WHEREAS, the City Council has reviewed the terms and
conditions of said Amendment No. 1 to License Agreement and
finds them to be satisfactory and that it would be in the best
interest of the City to authorize the Mayor and City Clerk to
execute said amendment;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said Amendment No. 1 to License
Agreement above described is hereby approved, and the Mayor and
City Clerk are authorized and directed to execute the same on
behalf of the City of Newport Beach.
ADOPTED this 23rd day of January , 1978.
Mayor
ATTEST:
City Clerk
DDO /bc
1/17/78
�'E`u/PORT
o� e CITY OF NEWPORT BEACH
3 s CALIFORNIA
� City Hall
FO RNA* 3300 W. Newport Blvd.
Area Code 714
673 -2110
DATE Januazv S. 1972
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 15n2
Uh&m
Authorized by Resolution No. 7AQA , adopted on narmhsr 1gI 1972
Effective date of Contract nunmbPr 19- 1972
Contract With 7h.. Irving CccVaMl
Amount of Contract 975_nn month for 5 years.
-city Cie c
IrvineBuiIdersotTomorr7cWsCmes ...Today
December 29, 1972
B. James Glavas
Chief of Police
Police Department
City of Newport Beach
425 - 32nd Street
Newport Beach, California
Dear Chief Glavas:
Enclosed is the fully executed "Official Document" copy
of the License Agreement between the City of Newport
Beach and The Irvine Company to cover the installation
and maintenance of a communications system on the roof
of the Union Bank Building. You may retain this copy
for your files.
If you have any questions in connection with this in-
stallation, please do not hesitate to contact our
Building Manager, Mr. Dick McDermott, at 644 -3339.
Sin rely
S` lr � /�:4iC�tL�'�ii�i
Charles L. Buchanan
Manager
Commercial Leasing
CLB /mck
Enclosure
CC: Mr. Dick McDermott, The Irvine Company 6 /°
L N�Ypp ry Op i
o� �q•�Fe`ACy /\
The Irvine Company . 610 Newport Center Drive . Newport Beach, California 92660 . (714) 6443011
0 ft
CITY cum
POLICE DEPARTP M
Attention: Captain Hamilton
CITY CLERK
� NX� `l : N. XXrIX�II l• : .: � • : �yX�1�
December 27, 1972
Enclosed is original and two copies of License Agreement
with The Irvine Company for a redid antenna on the Union Bank
Building for transmittal to The Irvine Company for execution.
Please have the terms of the agreement filled in the blanks
in paragraph two, page one. Also on page one have The Irvine
Company initial the correction.
Please return the fully executed original to our office for
filing.
Laura Lagios
City Clerk
LL:swk
enc.
f
G
IrvineBuilders of Tomorrow's Cities... Today
December 15, 1972 ;
Mr. Dennis O'Neil
l
City Attorney �.
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California
Re: License Agreement - Police Department
City of Newport Beach
Dear Dennis:
I have enclosed three copies of a License Agreement allow-
ing the City of Newport Beach to %nstall an antennae on
the roof of the Union Bank Buildings Any clearance or
approvals required by the F.A.A. are the responsibility
of the City. Please have all three copies executed and
returned to this office for execution by The Irvine Com-
pany. We will then return a fully executed copy for your
records. The term of the License shall commence as of the
effective date of the Agreement.
If you have any questions, please feel free to contact me.
/0"Sincer
fly,
-4-51/ V
Charles L. Buchanan �~
Manager
Commercial Leasing
CLB /mck
Encl.
The Irvine Company • 610 Newport Center Drive . Newport Beach, California 92660 • (714) 6443011
_ PLEASE R TURN TO:
4�y ' toQ�� LAU: ?, ^. L,`.G' CITY CLERK
�•,> _ !. vMNV To: O Li v V � CITY CF ._... _?T 1 "ACH
.. C"T`� CLERK :300 °. ^..T F � I EVARD
P_ -ACH LICENSE AGREEMENT JEWCC1-.T ;, i, CALIF. 92660
:: :'OiEVARD '
... -', CALIF. 92660
THIS LICENSE AGREEMENT made this Zfi// day of
1 77,, by and between THE ITATINE COMPANY,.a ?lest Virginia corporation,
hereinafter "Licensor ", and the CITY OF NEWPORT BEACH, California,
hereinafter "Licensee ".
RECITALS
Licensor herein is the owner of certain real property
located:at 610 Newport Center Drive in the City of Newport Beach,
County of Orange, State of California, commonly known as the Union
Bank Building, hereinafter "Building ". The parties hereto desire
to provide for the use by Licensee of a portion of the roof and
penthouse of said Building as hereinafter provided.
r7 I T N E S S E T_ H•
1. Licensed Area: In consideration of the rent herein
specified to be paid, and the covenants and conditions to be
observed and performed by Licensee, Licensor does hereby license
to Licensee an area to install and maintain an antenna on the
roof of
the Building,..in a location
designated by
Licensor, and
use of
a space not exceeding 36
square feet
in the penthouse
of said Buitding in the area shown in red on Exhibit "A ", which
Exhibit is attached hereto and made a part hereof. Both areas
CYare hereinafter collectively the "Licensed Area ". Licensor reserves the right upon reasonable notice to Licensee to require
the relocation of all equipment installed by Licensee in the
penthouse to another location within the penthouse,at.Licensor's a ense.'
2. Term: The term of this License shall be five (5) years,
commencing and terminating
provided, however, that either party may
at any time terminate this License upon sixty (60) days
notice to the other party hereto.
��y�9 hex �'��3.►
3. Rental:
ft
Licensee agrees to pay as rental for the use
and occupancy of the Licensed Area the sum of Seventy -five and
bo /100ths Dollars ($75.00) per month, payable monthly in advance
on the first day of each and every calendar month during the term
hereof, commencing , 1973.
Any installment of rent accruing under the provisions
of this License or any other payment due Licensor under this
License, which shall not be paid when due, shall be subject to a
late charge of ten percent (10 %) per annum from the date when due
and payable by the terms of this License until the same shall be
paid. All payments hereunder shall be made in lawful money of the
United States.
4. Use: Licensee shall use the Licensed Area for the
installation and maintenance of an antenna, of which the height
and appearance must be approved in writing by Licensor, and the
necessary mechanical and electrical equipment to service said
antenna. Provided Licensee is not in default hereunder, Licensee
may have access to the Licensed'Area twenty -four hours per day,
seven days per week.
5. Licensee's Operations: During the term of this License,
the Licensed Area and all equipment placed and maintained thereon
shall be used by the Licensee for the use specified and for no
other use or purpose. Licensee shall not use or permit any other
person to use the Licensed Area, or any part thereof, for any
purposes tending to injure the reputation thereof or for any
improper or offensive use or to constitute a nuisance and Licensee
shall at all times conform to and cause all persons using any part
of the Licensed Area to comply with all public laws, ordinances
and regulations from time to time applicable thereto and to all
operations thereon.
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Licensee shall require its employees, when using the
Licensed Area, to stay within the immediate confines thereof.
6. Removal: tiY the expiration or earlier termination
of this License, Licensee shall rn..: vn the antenna and all other
equipment installed by it.and shall restore the Licensed Area to
its original condition.
7. Licensor's Nonliability: Licensor shall not be Liable
for any loss, damage or injury of any kind whatsoever to the
property of Licensee or the property or person, including death, of
any of Licensee's employees, agents or invitees or of any other
person whomsoever caused-by any use of the Licensed Area or occasioned
by the failure on the part of Licensee to maintain.said Licensed
Area in safe condition, or by any act or omission of Licensee or
of any of Licensee's employees, agents or invitees, or arising
from any other cause whatsoever; and Licensee, as.a material part
of the consideration of this License, hereby waives on its behalf
all claims and demands against Licensor for any such loss, damage
or injury suffered by Licensee, and hereby agrees to indemnify
and save Licensor free and harmless from liability for any such
loss, damage or injury of third persons, and from all costs,
expenses and charges arising therefrom or in connection therewith.
8. Liens: Licensee shall not permit to be enforced
against the Licensed Area any mechanics', materialmen's, contractors'
or other liens arising from, or any claims for damage growing out
of, any work of installation, repair or alteration as herein
authorized or otherwise arising (except from the actions of
Licensor), and Licensee shall pay or cause to be paid all of
said liens and claims before any action is brought to enforce
the same against Licensor or the Licensed Area; and Licensee
agrees to indemnify and hold Licensor and the Licensed Area free
and harmless from all liability for any and all such liens and
claims and all costs and expenses in connection therewith.
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9. Taxes, During the term of this License, Licca:.or
shall pay all taxes attributable to the Building of which the
Licensed Area is a part, and Licensee shall pay all taxes attri-
butable to the to the antenna and other equipment owned and
installed by Licensee.
10. Assignment: This License shall not be assignable,
in whole or in part, and any attempted assignment thereof, without
the consent of Licensor, shall immediately terminate this License.
11, Remedies: Should Licensee default in the performance
of or breach any covenant or condition on Licensee's part to be
kept and performed, then in any such event Licensor may, at its
option, without prejudice to any other right or remedy it may
have, forthwith terminate this License by giving Licensee written
notice of such termination, and upon such termination all rights
of Licensee hereunder shall cease and end.
12. Covenants and Conditions: This License and each and
all of the covenants and conditions hereof shall inure to the
benefit of and shall bind the successors in interest of Licensor
and subject to the restrictions of Paragraph 10 above, the suc-
cessors and assigns of Licensee.
IN WITNESS WHEREOF, each of the parties hereto has caused
this Lease to be executed by two of its officers thereunto duly
authorized and its corporate seal to be affixed, as of the day
and year first above t wri c
1 ti
THE I1WINE COMPANY s \ OF NEWPORT BEACH
B
i e denj
S
T RGINIP ATTEST; �
B �.�., 2�
Assi taut Secretary CITY L;LL"
"Licensor" "Licensee"
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TYP. BAY. 8 EO. SPACES @ 5' -2"
NEWPORT CENTER DRIVE
FLOOR 23,456789 10 11 121314.15 16 17 18 /9
OFFICE AREA
PRORATA SHARE OF COMMON AREA
TOTAL RENTABLE AREA
EXHIBIT "A"
13
3Y -4"
i
EXIII BIT "A"
Y '
4b
RESOLUTION NO. 7 H 9 S
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AUTHORIZING THE
EXECUTION OF A LICENSE AGREEMENT BETWEEN
THE CITY OF NEWPORT BEACH AND THE IRVINE
COMPANY FOR THE INSTALLATION AND MAINTENANCE
OF A POLICE RADIO ANTENNA
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a license agreement between the
City of Newport Beach and The Irvine Company for the installa-
tion and maintenance of a Police radio antenna to be located
in the penthouse of the Union Bank Building in Newport Center;
and
WHEREAS, the City Council has considered the terms
and conditions of said agreement and found them to be fair
and equitable;
NOW, THEREFORE, BE IT RESOLVED that said license
agreement is approved, and the Mayor and City Clerk are
hereby authorized and directed to execute the same on behalf
of the City of Newport Beach..
ADOPTED this 18th day of December , 1972.
ATTEST:
City Clerk
Mayor
DON dm
12/18/72