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HomeMy WebLinkAboutC-1923 - License agreementHE FROM FINANCE DIRECTOR City Clerk Contract No. 1923 CITY OF NEWPORT BEACH CALIFORNIA DATE Jana 16e 1977 Description of Contract LioMN Aem #' Authorized by Resolution No. 9064 , adopted on 4 -23 -77 Effective date of Contract June 16, 1977 Contract with Sant of Namrt T' t... W r-A .,. , Amount of Contract _o_ AGREEMENT City Clerk City Hall 3300 W. Newport Blvd. Area Code 714 1. City hereby grants to Bank a license to occupy and use the Property as described in Exhibit "B ", attached hereto and x Y... incorporated herein by this reference, without obligation to pay rent or any other consideration whatsoever to City for said license. 2. The Property shall be used for a bank and related purposes. 3. The term of this Agreement shall coincide with the term of the Lease and any extension thereof or until such time as said property is required for street widening purposes, whichever shall occur first. 4. City reserves the right to revoke this License Agreement at any time, with or without cause, upon giving Bank one hundred and eighty (180) days prior written notice of its intent to revoke; provided, however, in no event will City require Bank to vacate said property within the first two (2) years of the effective date of this Agreement. 5. Bank shall not assign its interest in this Agreement and any attempt to do so will result in.an automatic revocation of this license. 6. If any litigation is commenced to enforce this Agreement, the parties hereto agree that the prevailing party in such litigation shall be entitled to reasonable attorneys' fees and other costs and expenses to be fixed by the court as part of the costs of said action, whether such litigation proceeds to judgment, or not. 7. All nouns and pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the person or persons, firm or firms, corporation or corporations may require. 8. This instrument contains the sole and only agreement of the parties hereto relating to the License Agreement and currently sets forth the rights, duties and obligations of each to the other as of this date. Any prior agreements, promises, negotiations or -2- representations not expressly set forth in this License Agreement are of no force and effect. 9. In the event that any portion of this Agreement shall be held to be invalid, the. same shall, not affect in any respect whatsoever, the validity of the remainder of this Agreement. 10. The parties hereto may amend this License Agreement in such manner as may be agreed upon by a written instrument executed by the parties hereto. 11. This Agreement shall be governed by and construed under the laws of the State of California. 12. All of the terms and provisions of this License Agreement shall be binding upon and shall inure to the benefit of the parties hereto and the respective heirs, personal representatives, transferees, successors and assigns. 13. Each party hereto agrees to execute with acknowledgment or affidavit, if required, any and all documents and writings which may be necessary or expedient in the creation of this License and achievement of its purposes. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. ATTEST: 1 T Atjy�rfiler APPROVED AS TO FORM: City Attorney -3- BANK OF NEWPORT A CalifoxA-1 t Corporat / r ' A CIT .'O NEWPORT BEACH A u 'cipal C oratio EXHIBIT "A" Real property situated in the City of.Newport. Beach, County of Orange, State of California, described as follows: Parcel 1 The Southwesterly 53.50 feet of Parcel 1 as per map .filed in Book 73, page 47 of.Parcel Maps, records of said County. Parcel 2 A strip of land 53.50 feet in width, in Block 93 of Irvine's Sub -' division as per map filed in Book 1, page 88 of Miscellaneous Record Maps, records of said County, the Southwesterly line of said strip being described as follows: Beginning at the West corner of Parcel 1 as per map filed in Book 73, page 47 of Parcel Maps, records of said County; thence North 50 °00'00" West 19.50 feet along the Northeasterly right. of way line of East Coast Highway, 100.00 feet wide, as shown on said Parcel Map. APi'HOYED AS TO 61iSCHIPT10N 19..— B1 —, _1.9.8118 G rf) Ni- \ 1 --40' o 9 RVOC-4120 Av )040ec4et 2 VVV IFE15 r Coe. O OF PCL - /l P M. 73//!7. V) o toil W AM AM PU 73/47 50, I 50' loner/ON OF BLOCK 93 OF IeIIIA16`5 506121VISIOAl PEe Al e Al. Ildd. THE IRVINE COMPANY PROJECT: 550 NEWPORT CENTER DRIVE • (714) 644.3011 EAST COAST Ilwy NEWPORT BEACH. CALIFORNIA 92660 TITLE: E45E1WfA1;r P647- DWN.BY6,6,q DATEJ-la-77 SHEET OF CKD. BYCI7.e BASE MAP Z FILE NO. NO. I REVISED BY DATE I AW k.: „r. .5�.- ��,,. ,•�� 7 �� WW S .� i_• � bQ �rn� � i r.rie�e,.aJ �' f ._ , °� (� � r/.] �1 01 h� NK - �•,;�ar 83 1.s! J71YS I � NN CP W 1� V�0 t WQIN cl ` lotl 11- 7. W J a U V ao ►' /' 1 E\ O QQ I pzz C LSD V 4 J Q „ V Z /O Q. \k,`✓✓ sr pyi Jd�E. _ ✓Cis' JI 7 LPL? /�\ ` \\ Yom , t_• \ . \ `� ,/,��. L —a— _.� � �� •\` � W l i p I t �. "� V�r EF,G�e� � \ill • 11, 1 t � o ,. - -. C rEl .,��� , � 2 C LSD V 4 J Q „ V Z /O Q. \k,`✓✓ sr pyi Jd�E. _ ✓Cis' JI 7 LPL? /�\ ` \\ Yom , t_• \ . \ `� ,/,��. L —a— _.� � �� •\` � W l i p I t �. "� V�r EF,G�e� � \ill • 11, 1 t � o ,. - -. C rEl .,��� June 16, 1977 I MEMO TO FILE: Original and 4 copies given to Ken Perry thisd ate. These have been signed by Mayor and Clerk, he is to get Bank signatures and return. Doris 40 0 5 RESOLUTION NO. 9 06.4 (,; .4y sa -= {? :'� =A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ACCEPTING A GRANT OF EASEMENT FROM THE IRVINE COMPANY IN CONNECTION WITH THE DEDICATION OF A STRIP OF LAND FOR STREET PURPOSES ALONG THE NORTHERLY SIDE OF THE PACIFIC COAST HIGHWAY BETWEEN JAMBOREE ROAD AND MACARTHUR BOULEVARD, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE . LICENSE AGREEMENTS IN FAVOR OF AMLING'S NURSERY AND THE BANK OF NEWPORT WHEREAS, there.has been presented to the City Council of the City of Newport Beach a certain Grant of Easement from The Irvine Company in connection with the dedication of a strip of land for street purposes along the northerly side of the Pacific Coast Highway between Jamboree Road and MacArthur - Boulevard; and WHEREAS, there has also been presented to the City Council of the City of Newport Beach License Agreements in favor.of Amling's Nursery and the Bank of Newport in connection with the above - described dedication of property; and WHEREAS, the City Council has reviewed the terms and conditions of said Grant of Easement and License Agreements 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 accept said Grant of Easement and execute the above - described License Agreements; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said Grant of Easement is hereby approved and accepted, and the Mayor and .City Clerk are hereby authorized and directed to execute the aforementioned License Agreements on behalf of the City of Newport Beach. ADOPTED this 25th day of ATTEST: City Clerk E i 1977. DDO /bc 4/25/77 40 0