HomeMy WebLinkAboutC-1787 - License agreement in connection with helicopter operations-0 a
CITY OF NEWPORT BEACH
CALIFORNIA
DATE March 2,_1976
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No.
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
Description of Contract t.ic .e a¢raament for balicopter ooaratione site.
Authorized by Resolution No. 8695 , adopted on February 9, 1976
Effective date of Contract February 13, 1976
Contract with The Irvine Company
Address 550 Newport Center Drive
Newport Beach, CA 92660
Amount of Contract _ $10.00 per year - we handle insurance
City Clerk
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March 2, 1976
ASSISTANT CITY ATTORNEY
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LICENSE AGREEMENT WITH TER IRVINE COMPANY FOR
POLICE DEPARTMENT HELIGOPTER OPERATIONS SITE
C -1787 '
Attached is the sucuted agreement for transmittal to
The Irvine Company for the helicopter operations site.
This agrssaant was authorised by Resolution No. 8695
which was adopted by the City Council on February 9,
1976.
City Clark's office.
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LICENSE AGREEMENT
THIS LICENSE AGREEMENT is made this 13th day of Februar 1976,
by and between THE IRVINE COMPANY, a West Virginia corporation, herein-
after "Licensor ", and The CITY OF NEWPORT BEACH, a municipal corporation,
hereinafter "Licensee ".
RECITALS
Licensor is the owner of certain real property located in the
area known as Block 800 of Newport Center, City of Newport Beach, County
or Orange, State of California. Licensee desires to enter upon and use
a certain area of said property for helicopter operations of the New-
port Beach Police Facility located on Jamboree Road in the City of New-
port Beach and the parties hereto mutually desire to enter into this
License Agreement to allow for such use, as hereinafter provided.
W I T N E S S E T H:
1. Property Licensed: Licensor hereby licenses to Licensee,
and Licensee licenses from Licensor, that certain real property (herein-
after "licensed premises ") delineated on Exhibit "A" attached hereto and
by this reference made a part hereof.
2. Term: The term of this License shall be for One (1) year
commencing February 13, 1976 and terminating on the earliest of
the following to occur:(i) —_ February 13, 1977 , or (ii) the date
upon which a permanent Police Helicopter Operations site is available
for use by the Newport Beach Police Facility; provided, however, that
this License Agreement shall be subject to earlier termination as herein-
after provided.
3. Termination: This License Agreement may be terminated at any
time during the term hereof by service of Ten (10) days written notice
by either party upon the other in the manner provided in Paragraph 13
below.
4. Rental: Licensee agrees to pay to Licensor for the use of
said premises a rental of TEN AND NO /100THS DOLLARS ($10.00) per annum,
in advance.
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5. Use: Licensee shall use the premises for Police Helicopter
Operations by the City of Newport Beach Police Facility located on
Jamboree Road in Newport Center, Newport Beach, California, and for
no other purpose without the express written permission of Licensor.
Throughout the term hereof, Licensee shall maintain the premises,
in a neat, clean, safe and sanitary condition free from weeds and
debris.
6. Improvements:
(a) Licensee shall, at its sole cost and expense, construct
and maintain all necessary improvements and appurtenant facilities
necessary for its activities and use of the licensed premises.
(b) Any structure, sign or other improvement, or any grading
or moving of earth, shall be subject to the prior approval of Licensor
and shall be in accordance with applicable local agency requirements.
Licensee shall make any and all additions or repairs in and about said
premises and improvements thereon which may be required by, and shall
otherwise observe and comply with, all public laws, ordinances and
regulations from time to time applicable to said premises, and by reason
of Licensee's use and occupancy thereof; and Licensee shall indemnify
and save harmless Licensor against all actions, claims and damages by
reason of. Licensee's failure to comply with and perform the provisions
of the foregoing.
7. Permits: Licensee shall obtain, at its own expense, all the
necessary permits and authorizations of whatever nature from any and
all governmental agencies. While on the premises, Licensee will comply
and will cause all other persons upon the premises to comply with all
applicable government laws and regulations.
8. Licensor's Nonliability: Licensor shall not be liable for
any loss, damage or injury of any kind whatsoever to any person or
property caused by any use of the premises, or arising from any accident
on said premises or any fire or other casualty thereon, or occassioned
by the failure of Licensee to maintain said premises in a safe condition,
or by any nuisance made or suffered on said premises, or by any act or
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omission of Licensee or its employees or agents, or arising from any
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
Licensor, and hereby agrees to indemnify and save Licensor free and
harmless from liability for any such loss, damage or injury of other
persons, together with all costs and expenses arising therefrom and in
connection therewith.
9. Insurance: Licensee shall, at its expense, at all times during
the term of this License, carry and maintain for the benefit of Licensee
and Licensor, property damage and personal liability insurance by the
terms of which Licensee and Licensor shall be indemnified against lia-
bility for any damage or injury to the property or person of Licensee
or other persons entering upon or using the premises or any part thereof.
Such insurance policies shall be maintained on the minimum basis of
$100,000.00 for damage to property, and $500,000.00 for personal injury
to one person and $1,000,000.00 for personal injury in any one accident;
and any and all such insurance policies shall be exhibited to Licensor
upon request.
10. Assignments or Subletting: Licensee shall not assign, sublet
or otherwise transfer any rights under this Agreement without the prior
written consent of Licensor, and no such purported assignment or other
transfer shall be valid or effective without such prior written consent
or approval.
11. Restoration:
Upon the expiration of this License, or any
earlier termintion thereof, at the request of Licensor, Licensee shall,
at its sole cost and expense, restore the land to its original condition,
so far as practicable, by removing all paving, driveways and other
improvements, if any, constructed on the premises by Licensee.
12. Eminent Domain: If during the term of this License, the
premises, or any part thereof, are taken by public authority under the
laws of eminent domain, then and in every such case the rights of Licensee
in said premises forthwith terminate, and all compensation and damages
awarded for the taking of the premises or any portion thereof shall
belong to and be the sole property of Licensor and Licensee shall not
have any claim whatsoever or be entitled to any award therefor or for
the value of any unexpired term of this License.
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13. Notices: Whenever either party hereto shall desire to
give written notice to the other respecting this License, such notice,
if not personally delivered to an officer of Licensor or Licensee,
shall be sent by registered mail, with postage prepaid, and directed
as follows: To Licensor at its business office at 550 Newport Center
Drive, Newport Beach, California 92663, attention Commercial Division,
or to Licensee at 3300 Newport Boulevard, Newport Beach, California
92660, or to such other address as either party may hereafter designate
in writing. The service of any such written notice shall be deemed
complete at the time of such personal delivery, or within twenty -four
(24) hours after the deposit thereof, so addressed and registered, in
any legally established post office or postal box in the County of
Orange.
14. Quitclaim: Upon the expiration of the term of this License,
or any sooner termination thereof, if requested so do to, Licensee
shall execute, acknowledge and deliver to Licensor a proper written
instrument releasing and quitclaiming to Licensor all of Licensee's
right, title and interest in and to the premises by reason of this
License or otherwise.
15. Holding Over: Any holding over by Licensee after the expira-
tion of this License shall not constitute a renewal hereof or give
Licensee any rights hereunder or in or to the premises, except as
otherwise herein provided, it being understood and agreed that this
License cannot be renewed, extended or in any manner modified except
in writing signed by both parties hereto; provided, however, that nothing
in this paragraph shall be construed to alter or impair the provisions
of Paragraph 11 hereof. In the event Licensor consents to any such
holding over, such holding over shall be on a month to month basis and
shall be subject to all the terms and conditions contained herein,
except that rental, which shall be payable monthly in advance, shall
be one - twelfth (1 /12th) of the annual rental provided in 4 above, and
either party may terminate Licensee's occupancy of the premises upon
the giving of ten (10) days written notice to the other.
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IN WITNESS WHEREOF, each of the parties hereto has executed
this License Agreement as of the day and year first above written.
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APPROVED AS TO FqfR;
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CITY OF NEWPORT BEACH
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Acting City Clerk
"Licensee"
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EXHIBIT "A"
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CITY OF NEWPORT BEACH
Office of
CITY ATTORNEY
February 19, 1976
TO: Robert L. Wynn, City Manager
From: Hugh R. Coffin
Subject: License Agreement with The Irvine Company for Police
Helicopter Landing Area
I received the attached License Agreement from The Irvine Company on
February 17, 1976.
Please review the License, as submitted by The Irvine Company, to
determine whether or not it complies with your negotiations with
The Irvine Company for the City's obtaining a right to use the
subject property and the helicopter landing space.
If the License Agreement is proper, please return to this office
and I will approve it as to form as return it to your office for
execution by the Mayor and City Clerk. ,
i
HUGH R,� F
Assistar O Ci\
ty Att rney
HRC /v
0 0
RESOLUTION NO. 8695
A RESOLUTION OF THE CITY COUNCIL OF THE CITY -'
OF NEWPORT BEACH AUTHORIZING'THE MAYOR AND CITY
CLERK TO EXECUTE A LICENSE AGREEMENT BETWEEN
THE CITY OF NEWPORT BEACH AND THE IRVINE COMPANY
IN CONNECTION WITH HELICOPTER OPERATIONS OF THE
NEWPORT BEACH POLICE
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain license agreement
between the City of Newport Beach and The Irvine Company in
connection with helicopter operations of the Newport Beach
Police; and
WHEREAS, the City Council has considered the terms
and conditions of said license agreement and found them to
be fair and equitable, and in the best interests of the
City;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said license agreement above -
described 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 9th day of February , 1976.
Mayor
ATTEST:
Acting City Clerk
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1/22/76