HomeMy WebLinkAboutC-2322 - License Agreement to Construct 2-4 in Diameter Conduits in Public StreetHUGHES
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"UGNIS AIRCRAFT COMPANY
SOLID STATE PRODUCTS DIVISION
500 SUPERIOR AVENUE • NEWPORT BEACH, CALIFORNIA 92663 • 714 -548 -0671 . TWX: 91
Ref: 449 January 13, 1983
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA. 92663
Attention: Wanda Anderson, City Clerk
Dear Ms Anderson:
In the interest of our receiving timely notification of Public
Hearings and of other important information that may come from
your office, please change the mailing address for our Company to:
Hughes Aircraft Company
Solid State Products Division
500 Superior Avenue
Newport Beach, California 92663
Your cooperation will insure that our Division can fulfill its
desire to be an active and supportive member of the Newport Beach
community.
cc: W. K. Weakland
RJM /bam
J. McDonald
anager, Plant Engineering
RECW0ING REQUESTED BY AN[,
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
P.O. Box 1768
3300 Newport Boulevard
Newport Beach, CA 92663 -3884
/ if
C'i. FRK
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82- 080803
1 tamdit r¢q.o per
(ibve,mmg 1 cobr, 61m
EXEMPT
C12
S LYne Tor
PERMIT AGREEMENT
IIECORDEO IM OFFICIAL RECOtes
OF ORANGE MUM, CAUFORAUI
-U12 App KKR 9'82
LEE A. ORAMCFI, Cowl a!wdor
S Use Only
THIS AGREEMENT, made and entered into this'd day of
1982, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation, fi—ereinafter referred to as "CITY ", and HUGHES COMMUNICATIONS, INC.,
hereinafter referred to as "PERMITTEE", is made with reference to the following
facts:
A. CITY controls certain public street rights -of -way (hereinafter
"streets "), located in the City of Newport Beach, County of Orange, State of
California, which streets are known as Hospital Road, Placentia Avenue, and
Flagship Road.
B. PERMITTEE is a private company providing communications services
to private customers.
C. PERMITIEE desires to construct two conduits (hereinafter also
called improvements), each four inches in diameter in said streets in order to
connect a microwave antenna located on top of a tower at the Hoag Memorial
Hospital, Presbyterian, with a private office building located at 500 Superior
Avenue in said City of Newport Beach; the location of said conduit as shown on
the drawing which is attached to this Agreement as Exhibit "A" and incorporated
herein by reference. PERMITTEE acknowledges and agrees that other permits and
permit requirements may be imposed by CITY as a condition precedent to what is
contemplated by this Agreement.
D. The design of the improvements is in accord with currently accepted
engineering standards.
E. CITY desires to condition its approval of the construction of the
improvements as set forth in Exhibit "A ", and the parties agree that an Agreement
providing for the fulfillment of these conditions, imposed by CITY on PERMITTEE,
is appropriate to guarantee performance of those conditions.
NOW, THEREFORE, in consideration of the mutual promises, the parties
hereto agree as follows:
1 of 4
82- 080803
1. RIGHTS OF PERMITTEE
CITY hereby grants to PERMITTEE the right to construct, reconstruct,
install, maintain, use, operate, repair and replace the improvements, all in
substantial conformance with plans and specifications therefor on file in the
Public Works Department of the City of Newport Beach, in, over and across those
certain easements described in paragraph A above.
2. PERMITTEE'S DUTIES
PERMITTEE shall properly and regularly maintain the improvements
and shall timely pay all costs and expenses incurred during said maintenance.
In the event that PERMITTF..E fails to properly and /or regularly maintain the
improvements, CITY may, at its option, remove the improvements or assume the
maintenance of the improvements, and PERMITTEE agrees to.pay all costs incurred
by CITY in removing or maintaining said improvements, should CITY assume its
right to do so, pursuant to this paragraph.
3. TERM OF THE AGREEMENT
Rights granted under this Agreement shall terminate twenty (20)
years from the date of this Agreement unless earlier terminated as provided herein.
In the event that CITY desires to use the easement for street or public purposes,
CITY may terminate this Agreement by giving sixty (60) days' notice of its in-
tention to so do, specifying in said notice the date of termination. CITY shall
incur no liability whatsoever in the event of any early termination of this
Agreement and the consequent removal of improvements by the CITY.
4. REPAIRS
CITY has the right to make such repairs to the improvements as it
deems necessary for the protection of the general public, health, safety and
welfare. PERMITTEE hereby grants to CITY the right to make repairs as provided
herein, or to remove improvements in the event of an early termination of this
Agreement, because of the need of the CITY to use the easements for street or.
public purposes.
5. INDEMNIFICATION
PERMITTEE agrees to indemnify and defend CITY and its officers and
employees, and to hold the CITY harmless from, any and all demands, claims,
losses, or liability that arises out of or is in any way related to, the con-
struction, use, maintenance or repair of said improvements.
2of4
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6. BREACH
In the event PERMITTEE breaches any provision of
CITY may, in addition to other legal remedies available to it,
Agreement. CITY may enter upon the easement and remove all or
provements installed by PERMITTEE pursuant to this Agreement.
because of breach shall be upon a minimum of ten (10) days' No
Notice specifying the date of termination.
this Agreement,
terminate this
part of the im-
Termination
Lice, with the
7. SEVERABILITY
The provisions of this Agreement are independent and severable
and the invalidity or partial invalidity or unenforceability of any one provision
or portion thereof shall not affect the validity or enforceability of any other
provision hereof.
8. RECORDATION
Each of the parties hereto specifically consents to the recordation
of this Agreement in the Office of the County Recorder in and for the County of
Orange, State of California, and all the covenants, restrictions and charges
hereunder and all their benefits and burdens shall run with the land, pursuant
to Section 1468 of the Civil Code of the State of California.
9. ASSIGNMENT
The terms and conditions of this Agreement shall be binding upon
the successors and assigns of PERMITTEE and shall also be binding upon permittees
who take title to the property by reason of foreclosure, trustee's sale or other-
wise
10. NOTICE
When notice is to be given pursuant to this Agreement, it shall be
addressed as follows:.
CITY
City of Newport Beach
Office of the City Attorney
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92663 -3884
PERMITTEE
Hughes Communications, Inc.
Post Office Box 92424
World Way Postal Center
Los Angeles, CA 90009
Attention: C. T. Whitehead, President
3of4
1
• 82- 080803 •
Notice shall be deemed given as of the date of mailing and notice
shall be addressed as above and mailed first class, postage pre -paid thereon.
Executed the day and year first above written at Newport Beach,
California.
ATTEST:
"Vf•�L� /G'✓L "fir" l.' G
City Clerk
APPROVED AS TO FORM AND CONTENT
City Attorney/
CITY OF NEWPORT BEACH,
a Municipal Corporation
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HUGHES COMMUNICATIONS, INC.,
a Corporation
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
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PUBLIC WORKS DIRECTOR
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CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92663 -3884
February 25, 1982
Lee A. Branch
County Recorder
P.O. Box 238
Santa Ana, CA 92702
Dear Mr. Branch: I
OFFICE OF THE CITY CLERK
(714) 640 -2251
Attached for recordation is the executed original Permit Agreement
between the City of Newport Beach and Hughes Communications, Inc. in
connection with construction of two conduits in public streets.
Said Agreement was authorized by the City Council of the City of
Newport Beach on February 22, 1982 by the adoption of Resolution No.
82 -30.
Please record and return to us.
Sincerely,
�7/CG�i� �L� �Z��l2G� ✓L
Wanda E. Andersen
City Clerk
WF.A: lr
attach.
3300 Newport Boulevard, Newport Beach
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CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92663 -3884
OFFICE OF THE CITY CLERK
(714) 640 -2251
February 25, 1982
Hughes Communications
P.O. Box 92424
Worldway Postal Center
Los Angeles, CA 90009
Attn: R. E. Rhoads, Director of Contracts
Dear Mr. Rhoads:
Enclosed is your executed copy of the Permit Agreement between the City of
Newport Beach and Hughes Communications, Inc. in connection with an Encroach-
ment Permit Application.
Sincerely,
Wanda E. Andersen
City Clerk
WEA:lr
enc.
cc: Kenneth Perry /Public Works
3300 Newport Boulevard, Newport Beach
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N G E
OFFICE OF THE COUNTY RECORDER
City of Newport Beach
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92663 -3884
RETURNING: Permit Agreement
LEE A. BRANCH
COUNTY RECORDER
TELEPHONE: 714/ 834 -2500
FINANCE BUILDING
630 NORTH BROADWAY
P.O. BOX 238
SANTA ANA, CA 92702
March 4. 1982
Ck. No. nnnp
Amt. none
NAMING: Huehes Communlcat6nna Tnr_
Please refer to items checked below for necessary corrections. The red check mark(s)
on the document(s) indicate problem areas.
Not recordable in this county. Forward the document to
Check should be made payable to that county.
The notary acknowledgment is incomplete, incorrect or missing. Please complete
the form on the document, or the one we have attached. The acknowledgment must
show the complete venue, correct wording and names of parties being acknowledged.
The notary seal is missing, is illegible or has been altered. The seal must
legibly reproduce under photographic methods.
The notary signature is missing or is incomplete.
The document must contain the original signature(s) of:
XXXX Notary acknowledgment required for signature(s) of: r; +y „-F M,,.4„nn+ ao-
Document must contain verification by:
The name of the corporation, partnership or company must be printed or typed above
the signature(s).
The reason for re- recording must be clearly stated on the document.
The document must be re- acknowledged by a notary public prior to re- recording.
The names of all parties must be complete, showing the first name(s) or initials
and the last name of each party.
Insufficient fees. The correct recording fee will be $
LEE A. BRANCH, Recorder
JD #2 By:
F 0662 -2 f Deputy oe Daly
Joe Dannie
February 22, 1982
CITY COUNCIL AGENDA
ITEM NO.
T0: CITY COUNCIL
0���•
FROM: Public Works Department
COUNCIL
d
SUBJECT: APPLICATION OF HUGHES COMMUNICATION, TO CONSTRUCT Tkb: "�A1NCH
DIAMETER CONDUITS IN PUBLIC STREETS BETWEEN HOAG HOSPITAL AND
THE HUGHES AIRCRAFT COMPANY PLANT AT 500 SUPERIOR AVENUE.
RECOMMENDATIONS:
1. Approve the application, subject to the prior execution by
Hughes Communications, Inc. of a license agreement.
2. Authorize the Mayor and City Clerk to execute the license
agreement.
DISCUSSION:
Hughes Communications, Inc. is in the data transmission business.
Its client is Hughes Aircraft Company. The purpose of this project is to link
a microwave antenna located on top of the tower at Hoag Hospital with the Hughes
Aircraft Company facility located at 500 Superior Avenue. The route of the data
transmission link will be across Hospital Road, along Placentia Avenue to Flag-
ship Road, thence along Flagship Road to the Hughes Aircraft property which
abuts the end of Flagship. Road. The location is shown on the attached sketch.
The recommended license agreement would be prepared by the City,
would require the applicant to indemnify the City against any liability, and
would require the applicant to relocate the facility at the applicant's expense
upon 60 days' notice by the City should it ever become necessary.
6��Z I I J xz�q
Benjamin B. Nolan
Public Works Director
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Att.
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PUBLIC WORKS DEPARTMENT
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DRAWN DATE E
APPROVED
......._ PUBLIC WORKS DIRECTOR
R.E. N0.
DRAW(NO NO. _
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APPROVED
......._ PUBLIC WORKS DIRECTOR
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DRAW(NO NO. _
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HUGHES COMMUNICATIONS
POST OFFICE BOX 92424
WORLDWAY POSTAL CENTER
LOS ANGELES, CALIFORNIA 90009
(213) 615 -1000
February 18, 1982
Mr. Kenneth L. Perry, Office Engineer
City of Newport Beach
Public Works Department
P.O. Box 1768
Newport Beach, CA 92663 -3884
Dear Mr. Perry:
i
RECEI`EJ
PC6lEC W; CEin;,
= -` Ff B 1:
CI-iV OF
NEWFOR7
BEACH,
% CALIF.
In connection with our Encroachment Permit Application
EP -81 -177, enclosed are two copies of the Permit Agreement
between the City of Newport Beach and Hughes Communications,
Inc., signed by our President and Secretary on February 18,
1982, and notarized.
We would appreciate one copy after the City has signed,
at your convenience.
Thank you very much for your cooperation and help in
i expediting this permit.
�1 W 'kQ& C"
r
RER /rr
Enclosu
cc: J.
E.
J.
C.
res
E. Dunlap
Enriquez
M. Sedano
T. Whitehead
very truly yours,
Rhoads
Director of Contracts
i
RESOLUTION NO. 8 2 - 3 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A PERMIT AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND HUGHES
COMMUNICATIONS, INC. IN CONNECTION WITH THE
CONSTRUCTION OF CONDUITS IN PUBLIC STREETS
(BETWEEN HOAG HOSPITAL AND HUGHES)
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 HUGHES COMMUNICATIONS, INC. in
connection with the construction of two 4 -inch diameter conduits
in public streets between Hoag Hospital and the Hughes plant at
500 Superior Avenue; a copy of said Permit Agreement is attached
hereto marked Exhibit "A" and incorporated herein by reference;
and
WHEREAS, the City Council has reviewed the terms and
conditions of said Permit Agreement and finds them to be fair and
equitable and that it would be in the best interests of the City
to execute said Permit Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the Permit Agreement above -
described is approved, and the Mayor and City Clerk are hereby
authorized and directed to execute same on behalf of the City of
Newport Beach.
ADOPTED this _ day of FEB 2 2 ?`.:1982.
Mayor
ATTEST:
City Clerk
022282
PR
* = RtEADING REQUESTED BY AN* •
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
P.O. Box 1768
3300 Newport Boulevard
Newport Beach, CA 92663 -3884
Space Above This Line for Recorder's Use Only
PERMIT AGREEMENT
THIS AGREEMENT, made and entered into this day of
1982, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation, hereinafter referred to as "CITY ", and HUGHES COMMUNICATIONS, INC.,
hereinafter referred to as "PERMITTEE ", is made with reference to the following
facts:
A. CITY controls certain public street rights -of -way (hereinafter
"streets "), located in the City of Newport Beach, County of Orange, State of
California, which streets are known as Hospital Road, Placentia Avenue, and
Flagship Road.
B. PERMITTEE is a private company providing communications services
to private customers.
C. PERMITTEE desires to construct two conduits (hereinafter also
called improvements), each four inches in diameter in said streets in order to
connect a microwave antenna located on top of a tower at the Hoag Memorial
Hospital, Presbyterian, with a private office building located at 500 Superior
Avenue in said City of Newport Beach; the location of said conduit as shown on
the drawing which is attached to this Agreement as Exhibit "A" and incorporated
herein by reference. PERMITTEE acknowledges and agrees that other permits and
permit requirements may be imposed by CITY as a condition precedent to what is
contemplated by this Agreement.
D. The design of the improvements is in accord with currently accepted
engineering standards.
E. CITY desires to condition its approval of the construction of the
improvements as set forth in Exhibit "A ", and the parties agree that an Agreement
providing for the fulfillment of these conditions, imposed by CITY on PERMITTEE,
is appropriate to guarantee performance of those conditions.
NOW, THEREFORE, in consideration of the mutual promises, the parties
hereto agree as follows:
1 of 4
1. RIGHTS OF PERMITTEE
CITY hereby grants to PERMITTEE the right to construct, reconstruct,
install, maintain, use, operate, repair and replace the improvements, all in
substantial conformance with plans and specifications therefor on file in the
Public Works Department of the City of Newport Beach, in, over and across those
certain easements described in paragraph A above.
2. PERMITTEE'S DUTIES
PERMITTEE shall properly and regularly maintain the improvements
and shall timely pay all costs and expenses incurred during said maintenance.
In the event that PERMITTEE fails to properly and /or regularly maintain the
improvements, CITY may, at its option, remove the improvements or assume the
maintenance of the improvements, and PERMITTEE agrees to.pay all costs incurred
by CITY in removing or maintaining said improvements, should CITY assume its
right to do so, pursuant to this paragraph.
3. TERM OF THE AGREEMENT
Rights granted under this Agreement shall terminate twenty (20)
years from the date of this Agreement unless earlier terminated as provided herein.
In the event that CITY desires to use the easement for street or public purposes,
CITY may terminate this Agreement by giving sixty (60) days' notice of its in-
tention to so do, specifying in said notice the date of termination. CITY shall
incur no liability whatsoever in the event of any early termination of this
Agreement and the consequent removal of improvements by the CITY.
4. REPAIRS
CITY has the right to make such repairs to the improvements as it
deems necessary for the protection of the general public, health, safety and
welfare. PERMITTEE hereby grants to CITY the right to make repairs as provided
herein, or to remove improvements in the event of an early termination of this
Agreement, because of the need of the CITY to use the easements.for'street or,
public purposes.
5. INDEMNIFICATION
PERMITTEE agrees to indemnify and defend CITY and its officers and
employees, and to hold the CITY harmless from, any and all demands, claims,
losses, or liability that arises out of or is in any way related to, the con-
struction, use, maintenance or repair of said improvements.
2of4
i 1 •
6. BREACH
•
In the event PERMITTEE breaches any provision of this Agreement,
CITY may, in addition to other legal remedies available to it, terminate this
Agreement. CITY may enter upon the easement and remove all or part of the im-
provements installed by PERMITTEE pursuant to this Agreement. Termination
because of breach shall be upon a minimum of ten (10) days' Notice, with the
Notice specifying the date of termination.
7. SEVERABILITY
The provisions of this Agreement are independent and severable
and the invalidity or partial invalidity or unenforceability of any one provision
or portion thereof shall not affect the validity or enforceability of any other
provision hereof.
8. RECORDATION
Each of the parties hereto specifically consents to the recordation
of this Agreement in the Office of the County Recorder in and for the County of
Orange, State of California, and all the covenants, restrictions and charges
hereunder and all their benefits and burdens shall run with the land, pursuant
to Section 1468 of the Civil Code of the State of California.
9. ASSIGNMENT
The terms and conditions of this Agreement shall be binding upon
the successors and assigns of PERMITTEE and shall also be binding upon permittees
who take title to the property by reason of foreclosure, trustee's sale or other-
wise.
10. NOTICE
When notice is to be given pursuant to this Agreement, it shall be
addressed as follows:
CITY
City of Newport Beach
Office of the City Attorney
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92663 -3884
PERMITTEE
Hughes Communications, Inc.
Post Office Box 92424
World Way Postal Center
Los Angeles, CA 90009
Attention: C. T. Whitehead, President
3of4
E
Notice shall be deemed given as of the date of mailing and notice
shall be addressed as above and mailed first class, postage pre -paid thereon.
Executed the day and year first above written at Newport Beach,
California.
ATTEST:
City Clerk
APPROVED AS TO FORM AND CONTENT
City Attorney
CITY OF NEWPORT BEACH,
a Municipal Corporation
By
Mayor
HUGHES COMMUNICATIONS, INC.,
a Corporation
ey
President or—*4u
C
TO „Y C O
(Corporation)
IISTATE OF CALIFORNIA
COUNTY --OA�F`` �� ••+t__aww/-- r__�lr.rif/�.LS/ 1
On�'�`�*�^�`^'� /P, �9�Z- before me, the undersigned, a Notary Public in and for said
State, personally appe ea(� d �.
m known to me to be the President, and
a
m known to me to be Secretary of the corporation that executed the within Instrument,
X known to me to be the persons who executed the within
.Wi Instrument on behalf of the corporation therein named, and
° acknowledged to me that such corporation executed the within
minstrument pursuant to its by-laws or a resolution of its board
of directors.
WITNESS my hand and official Beal. OFFICIAL SEAL
Q �NL ELEANOR R MC LEMORE
- CALIFORNIA
Signature �% NOTARY PUBLIC
LOS ANGELES COUNTY
�! yJ My comm. expires JUN 18, 994
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PUBLIC WORKS DEPARTMENT
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APPROVED
PUBLIC
WORKS DIRECTOR
R.E. No. LZO-,Of
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