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
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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
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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
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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
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THE IRVINE COMPANY PROJECT:
550 NEWPORT CENTER DRIVE • (714) 644.3011 EAST COAST Ilwy
NEWPORT BEACH. CALIFORNIA 92660 TITLE: E45E1WfA1;r P647-
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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
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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
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