HomeMy WebLinkAboutC-1958 - License Agreement, Eastbluff Branch Boys' Club Basketball CourtAa
@., CITY OF NEWPORT BEACH
CALIFORNIA
City [tall
3300 W. Newport Blvd.
Area Code 714
DATE February 1. 1978
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FROM: City Clerk
SUBJECT: Contract No. 1958
Description of Contract Basketball Ct /Baetbluff Branch Boys' Club
Authorized by Resolution No. 9248 , adopted on 12 -19 -77
Effective date of Contract February 1. 1978
Contract with Newport -Mesa Unified School District
Address 1857 Placentia
Coeta Mesa, CA 92627
Amount of Contract —
City Clerk lu
February 1,1978
MEMO TO THE FILE:
Copies for transmittal to interested parties to Cal Stewart this date.
Ethel
?.mow a�'
ft so
LICENSE AGREEMENT
HIS AGREEMENT made and entered into this
day of " >� /c,`s:. 1978, by and between the CITY
i OF NEWPORT BEACH, a chartered municipal corporation, herein-
after referred to as "CITY ", and the NEWPORT —MESA UNIFIED
SCHOOL DISTRICT, hereinafter referred to as "DISTRICT ";
W I T N E S S E T H:
WHEREAS, by agreement dated June 30, 1971, as amended
December 17, 1973, City has leased a certain portion of
Eastbluff Park to the Boys' Club of The Harbor Area for the
construction of a Boys' Club facility and recreation center;
and
WHEREAS, the Boys' Club proposes to add an outside
basketball court to the rear of the Eastbluff branch as
depicted on the attached drawing marked Exhibit "A" and made
a part herein by this reference; and
WHEREAS, upon completion of construction, the Boys'
Club will dedicate said basketball court to City for use by
the general public when not being used by the Boys' Club; and
WHEREAS, said basketball court as proposed will encroach
into the Eastbluff Elementary School property owned by District
by approximately forty -five (45) feet; and
WHEREAS, City seeks permission from District to go
upon said District -owned property for the purpose of allowing
the installation of said basketball court;
NOW, THEREFORE, in consideration of their mutual
promises as hereinafter set forth, the parties hereto agree as
follows:
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1. District shall allow City, acting through the
Boys' Club of the Harbor Area, to go upon District's property
as herein described in Exhibit "B" attached hereto and made
a part hereof by this reference, for the purpose of construction,
maintenance and operation of an outside basketball court.
2. City agrees to indemnify, defend and hold
District harmless from all demands, claims, liability, or
damages arising out of or resulting from injury or death to
persons or damage to property which might occur on said
property.
3. This License Agreement is revocable and may be
terminated by District, at any time by giving City one hundred
and eighty (180) days prior written notice of its intention to
terminate.
4. Should District terminate this License Agreement,
City agrees to remove said basketball court and any improvements
from District's property and restore said property to, as near
as possible, its original condition.
IN WITNESS WHEREOF, the parties hereto have caused
this License Agreement to be executed the day and year first
above written.
ATTEST:
i
Cit
Clerk
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APPROVED AS TO ORM:
C t A t rney
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C:
NEWPO -MESA UNIFIED SCHOOL DISTRICT
BY
By
!LUB OF THE HARBOR AREA:
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12/8/77
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CITY UF- NEWPMR'T EjEACII
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10,1.1C V'RICCIOIN
No�
Drf,WiNG NO.
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DEC 19 1977
BY. N.. ON COYNQ
an Wifti N04"
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RESOLUTION NO. 9 24 8
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
NEWPORT -MESA UNIFIED SCHOOL DISTRICT FOR
EASTBLUFF BRANCH BOYS' CLUB BASKETBALL COURT
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain agreement between the
City of Newport Beach and the Newport -Mesa Unified School
District for the Eastbluff Branch Boys' Club Basketball Court;
and
WHEREAS, the City Council has reviewed the terms and
conditions of said 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 agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said 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 19th day of December , 1977.
Mayor
ATTEST:
City Clerk
DDO /bc
12/16/17