HomeMy WebLinkAboutC-3034(A) - Bayview Way Extension Riding and Hiking Trail Right of Way• AGE COUNTY BOARD OF SUPENISORS
MINUTE ORDER
The following is action taken by the Board of Supervisors on August 11, 1998
APPROVED AS
0 OTHER ❑
Unanimous N (1) Smith Y (2)Silva Y (3)Spitzer Y (4)Steiner Y (5)Wtlson Y
Vote Key: Y= Yes ;N= No;A= Abstabr;X- EzcusedB.O. =Board Order
Documents accompanying this matter:
❑ Resolution(s)
❑ Ordinances(s)
❑ Contract(s)
Submitting Agency/Depardnent: PUBLIC FACILITIES AND RESOURCES DEPARTMENT
Approve license agreement with City of Newport Beach and Fletcher Jones Motorcars for riding and hiking trail use - District 5
Item No. 10
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Special Notes:
Copies sent to:
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1 ow* that the faegotng Is a true and correct copy of the
Minute Order adopted by the Board of Supervisors, Orange
County, State of CalHomis.
DARLENE J. BLOOM, Oft of the Board
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r,h,, 9:1-tcher, Real Property Manager OA oh"" ley, Directo_r_-�-�_�
AGENCY/DEPT. USE
CLERK USE ONLY
AGENDA ITEM TRANSIMITTAL
I
CONSENOl
CE EVI
ORM
DISCUSSION:
Concu
Do Not Concur
7 BOL-HWING
Exempt
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TO: BOARD SUPEkVIS099 -COUNTY OF ORANGE
CONTACT PHONE
FROM: Public Facilities and Resources Dept.
Andrea Richard 834-4677
FILE.,
Rich Adler 834-092
MEETING DATE -
SUBJECT
SUPV. DIST..
License Agreements for trail use issued by the City of
August 1 1 , 1998
Newport Beach and Fletcher Jones Motorcars
5
SUMMARY OF REOUESIMeWplion for agenft)
PFRD requests approval of five-year License Agreements issued by the City of Newport Beach
and Fletcher Jones Motorcars for riding and hiking trail use through their properties in
Upper Newport Bay.
ADDITIONAL OATA:
PFRD staff has negotiated the attached License Agreements with the City of Newport Beach
and Fletcher Jones Motorcars to enable temporary construction of a "missing Link" in-the
County's Peters Canyon Wash Trail, which will ultimately link Upper Newport Bay with Irvine
Regional Park and Laguna Coast Regional Park. The "missing link" is caused by a freshwater
marsh which severs the north levee of San Diego Creek, on which the County's trail is
located (see Location Map). The agreements will allow the County to construct a temporary
trail connection on the perimeter of the marsh across unimproved City of Newport Beach
right-of-way for the future extension of Bayview Way and across property owned by Fletcher
Jones Motorcars but outside the limits of the dealership.
(Continued on reverse)
PREVIOUS RELEVANT BOARD ACTIONS ON THIS SPECIFIC ITEM:
FUNDING SOURCEffl I
CURRENT YEAR COST
--AWN—UAL C_O�T__
YES U NO
N/A
-0-
-0-
WILL PROPOSAL AEOUIRE ADDITIONAL PERSONNEL?
CON515TENTV
U;6IF YES, STATE NLNASER PERMANENT LIMITED TERM
RYES ONEWITEMOREXCEPTION
1514DED ACTION
Approve and execute the License Agreements for trail use with the city of Newport Beach and
Fletcher Jones Motorcars.
CONCURRENCES (if appkable)
Location Map, License Agreements
-7 aQ, 0 E_ �/_ —
r,h,, 9:1-tcher, Real Property Manager OA oh"" ley, Directo_r_-�-�_�
AGENDA ITEM TRANSMITTAL
Page.2 •
ADDITIONAL DATA (continued):
•
The License Agreements are revocable and will expire in the year 2002. No fees are
involved. While the agreements will accommodate the temporary trail link, they will also
provide time for PFRD staff to determine the most feasible and cost effective location for a
a permanent trail connection. The future permanent connection may involve the City of
Newport Beach and Fletcher Jones Motorcars properties or may be entirely within nearby
County right -of -way.
Compliance with the California Environmental Quality Act (CEQA)
The recommended action is not a project as defined by CEQA:
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CLERK Of THE BOARD
ORANGE COUNTY
License Agreement
THIS AGREEMENT, made as of the jjjj%_ day of 19q(4�,
between the CITY OF NEWPORT BEACH, herein called "Licens r ", and the COUNTY OF
ORANGE hereinafter called "Licensee ", and COUNTY OF ORANGE hereinafter called
"License ".
WITNESSETH: That Licensor, for and in consideration of the faithful
performance by the Licensee of the terms and agreements hereinafter set forth
to be kept and performed by Licensee, does hereby give to Licensee the license
to use that certain real property described below and depicted in Exhibit A,
attached hereto and made a part hereof the ( "Property ") solely for the purpose
hereinunder set forth.
That property known as the proposed Bayview Way extension, located in the City
of Newport Beach, County of Orange, State of California, further described and
depicted in Exhibit A, soley for the purpose herinunder set forth,
SUBJECT TO:
Covenants, conditions, restrictions reservations, exceptions, rights
and easements, whether or not of record.
1. Use: Licensee will use the Property for Riding and Hiking Trail
purposes only. Licensor makes no representation, covenant, warranty, or
promise that the Property is fit for any particular use, including the use for
which this Agreement is made and Licensee is not relying on any such
representation, covenant, warranty or promise. (Licensee's failure to make
use of the Property as limited by this Article, as determined by the Licensor
in its sole discretion), will be grounds for immediate termination of this
Agreement in accordance with Article's 19 and 20.
2. Term: Unless otherwise terminated as provided herein, this
Agreement will be in effect for a term of five years commencing on the first
day of April, 1997 and ending on the last day of March 2002. Licensee
acknowledges that this Agreement does not entitle Licensee to any subsequent
agreement, for any reason whatsoever, regardless of the use Licensee makes of
the Property, the improvements Licensee places on or makes to the Property, or
for any other reason.
3. Consideration: Gratis for the full -term of the License Agreement
4. Liability insurance: Licensee will insure its liabilities which
may result from its activities hereinunder by the purchase of a liability
insurance policy with a Combined Single Limit of not less that 1 million and
00 /100 Dollars ($1,000,000) and will include Licensor as an additional insured
or Licensee will provide Licensor with evidence of self insurance upon
request.
.]
Ll
S. Licensor Use of the Property: Licensee agrees that Licensor, its
successors and assigns, have the right to enter upon the Property, at any
time, for any purpose, and the right to conduct any activity on the Property.
Exercise of these rights by Licensor, its successors and assigns, will not
result in compensation to Licensee for any damages whatsoever to personal
property and /or crops located on the Property.
S. Licensee's Improvements: Licensee must submit, for Licensor's
prior written approval, a trail design plan identifying all existing and
proposed improvements, prior to making any use of the Property. Licensee must
submit, for Licensor's prior written approval plans for modifications to such
improvements. Written approval may be required to modify and /or remove any or
all such previously approved improvements at Licensee's risk and expense and
without any compensation from Licensor. Licensor is not required, at any time,
to make any improvements, alterations, changes or additions of any nature
whatsoever to the Property. Licensee expressly acknowledges that any
expenditures or improvements will in no way alter Licensor's right to
terminate in accordance with Article 26.
7. Licensee's Personal Property: All approved equipment and other
property brought, placed or erected on the Property by Licensee shall be and
remain the Property of the Licensee, except as otherwise set forth herein. If
Licensee is not in default hereunder, Licensee shall have the right to remove
the same from the Property at any time prior to thirty (30) days after the
expiration or earlier termination of this Agreement: provided, however, that
Licensee shall promptly restore any damage to the Property caused by the
removal.
S. Height Limitations: Any equipment used by Licensee or its agents,
employees or contractors, on and /or adjacent to the Property, will be used and
operated so as to maintain a minimum clearance of seventeen (17) feet from all
overhead electrical conductors.
All trees and plants on the Property will be maintained by the
Licensee at a minimum height of fifteen (15).feet. If requested by
Licensor, licensee will remove any tree and /or other planting.
9: Access and Clearances: Licensee will provide Licensor with
adequate access to all of the Licensor's facilities on or under the Property
and at no time will there be any interference with the free movement of
Licensor's equipment and materials over the Property.
10 Parking: Licensee will not park, store repair, or refuel any motor
vehicles or allow parking, storage, repairing, or refueling of any motor
vehicles on the Property unless specifically approved in writing by Licensor.
• •
11 Flammables, Waste, Nuisances: Licensee will not, nor allow others
to, place or store any flammable or waste materials on the Property or commit
any waste or damage to the Property or allow any to be done. Licensee will
keep the Property clean, free from weeds, rubbish and debris, and in a
condition satisfactory to Licensor. Licensee will be responsible for the
control of and will be liable for any damage or disturbance, caused by dust,
odor, flammable or waste materials, noise or other nuisance disturbances.
12 Pesticides and Herbicides: Any pesticide or herbicide applications
will be made in accordance with all federal, state; county and local laws.
Licensee will dispose of all pesticides, herbicides and any other toxic
substances declared to be either a health or environmental hazard as well as
all materials contaminated be such substances, including but not limited to,
containers, clothing and equipment in the manner prescribed by law.
13 Hazardous Waste: Licensee will indemnify and hold Licensor, its
directors, officers, agents and employees, and its successors and assigns,
harmless from any and all claims, loss, damage, actions, causes of action,
expenses and /or liability arising from leaks of, spills of, and /or
contamination by or from hazardous materials as defined by applicable laws or
regulations, which may occur during and after the Agreements term, and are
attributable to the actions of, or failure to act by, Licensee or any person
claiming under or representing Licensee.
14.. a e: Licensee will perform and pay all obligations of
Licensor under this Agreement. All matters of things herein required on the
part of Licensee will be performed and paid for at the sole cost and expense
of Licensee, without obligation on the part of Licensor to make payment or
incur cost or expense for any third party.
15. Assignments: This Agreement is personal to Licensee, and Licensee
will not assign, transfer or sell this Agreement or any privilege hereunder in
whole or in part, and any attempt to do so will void and confer no right on
any third party.
16. Comnliance with Law: Licensee will comply with all applicable
federal, state, county and local laws, all covenants, conditions and
restrictions of record and all applicable ordinances, zoning restrictions,
rules, regulations, orders and any requirements of any duty constituted public
authorities now or hereafter in any manner affecting the Property of the
streets and ways adjacent thereto. Licensee will obtain all permits and other
governmental approvals required in connection with Licensee's activities
hereunder.
17. Governing Law: The existence, validity, construction, operation
and effect of this Agreement and all of its terms and provisions will be
determined in accordance with the law of the State of California.
18. Indemnification: Licensee shall hold harmless, defend and
indemnify Licensor, its officers, agents and employees, and its successors and
assigns, from and against all claims, loss, damage, actions, causes of
actions, expense and /or liability arising from or growing out of loss or
damage to property, including that of Licensor, or injury to or death of
persons, including employees of Licensor resulting in any manner whatsoever,
directly or indirectly, by reason of this Agreement or the use or occupancy of
the Property by Licensee or any other person claiming under this License or
the use of the property by third persons.
19. Termination: This Agreement may be canceled and terminated by
either the Licensor or Licensee, at any time, for any reason, upon (30) days
notice in writing. Licensee will peaceably quit, surrender and, prior to
termination date, restore the Property to a condition satisfactory to the
Licensor. Termination, cancellation or expiration does not release Licensee
from any liability or obligation (indemnity or otherwise) which Licensee may
have incurred. Licensee's continued presence after termination shall be deemed
a trespass.
20. Events of Default: The occurrence of any of the following shall
constitute a material default and breach of the Agreement by Licensee.
(a) The abandonment or vacating of the Property by Licensee
(b) Any attempted assignment or subletting of this Agreement by
License in violation of Article 15.
(c) The violation by Licensee of any resolution, ordinance, statue,
code, regulation or other rule of any governmental agency in
connection with Licensee's activities pursuant to this
Agreement.
(d) A failure by Licensee to observe and perform any other
provision of this Agreement to be observed or performed by
Licensee, where such failure continues for the time period
specified in a written notice thereof by Licensor to Licensee.
(e) Any attempt to exclude Licensor from the Licensed premises.
21. Non - Possessory Interest: Licensor retains full possession of the
Property and License will not acquire any interest temporary, permanent,
irrevocable, possessory or otherwise by reason of this Agreement, or by the
exercise of the permission given herein. Licensee will make no claim to any
such interest. Any violation of this provision will immediately void and
terminate this Agreement.
0 0
22. Waiver: No waiver by Licensor of any provision hereof shall be
deemed a waiver of any other provision hereof or any subsequent breach by
Licensee of the same or any other provision. Licensor's consent to or approval
of any act shall not be deemed to render unnecessary the obtaining of
Licensor's consent to or approval of any act by Licensee.
23. Notices: A11 Notices required to be given by either party will be
made in writing and deposited in the United States mail, first class, postage
prepaid, addressed as follows:
To Licensor: City of Newport Beach
Public Works Department
P.O. Box 1768
Newport Beach, CA 92659 -1768
Bus. Telephone No. (714) 644 -3311
To Licensee: County of Orange
Public Facilities and Resources /HBP
300 N. Flower St.
Santa Ana, CA 92702
Bus. Telephone No. (714) 835 -5114 -- Maintenance
County of Orange
Public Facilities and Resources /HBP
300 N. Flower
Santa Ana, CA 92702
Bus. Telephone No. (714) 835 -6779 -- Asset Management
Licensee will immediately notify Licensor of any address change
24. Complete Agreement: Licensor and Licensee acknowledge that the
foregoing provisions and addendum and exhibits attached hereto constitute the
entire Agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed in duplicate of the day and year herein first above
written.
County of Orange
By
Licensee
CNIURMAN, BOARD OF
,�,I,�,o 5 S.I,� BuFenvisoeB
Name /Title
APPROVED AS TO FORM
Laurence M. n, County Cou
ORANG
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City of Newport Beach
By of INewportBeacho
Lic
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Name/Ti t4e
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a July 14, 1997
CITY COUNCIL AGENDA
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL JUL 1 41997
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: LICENSE AGREEMENT WITH THE COUNTY OF ORAN0E FOR A RIDIN
AND HIKING TRAIL ACROSS THE RIGHT -OF -WAY FOR THE FUTURE
EXTENSION OF BAYVIEW WAY
RECOMMENDATION:
Approve the License Agreement and authorize the Mayor and the City Clerk to sign on
behalf of the City.
DISCUSSION:
The subject license agreement, in conjunction with a similar agreement recently
executed between the County and Fletcher Jones Motorcars, will enable the County to
construct a "missing link" in the County's Peters Canyon Wash Trail, a 12 mile
"mountain to the sea' riding and hiking trail which will ultimately link Upper Newport Bay
. Regional Park with Irvine Regional Park and Laguna Coast Wilderness Park. This
particular "missing link" is caused by a freshwater marsh which severs the north levee
of San Diego Creek, on which the County's trail is located. The agreements with the
City and Fletcher Jones Motorcars will allow the County to construct a temporary trail
connection on the perimeter of the marsh across property owned by Fletcher Jones
Motorcars (but outside the limits of the new dealership) and across unimproved City
right -of -way for the future extension of Bayview Way (refer to the attached exhibit).
The County has acknowledged the agreement is revocable and has a "sunset clause."
The County will ultimately construct a permanent trail connection within County right -of-
way. The approval of this agreement will not hinder the City's ability to extend Bayview
Way at a future date.
It is recommended the City Council approve the license agreement and authorize the.
Mayor and City Clerk to execute it on behalf of the City.
Res ectfully submitted,
PUBLIC WORKS DEPARTMENT
Don Webb, Director
• By.
Emmet Berkery
Project Consultant
Attachments: License Agreement & Exhibit
County JPOrange
Public Facilities & Resources Department
o�<rFORN��
John W. Sibley, Director
May 20,. 1997
Don Webb, City Engineer
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92659 -1768
Subject: Peters Canyon Riding and Hiking Trail
Dear Mr. Webb:
a�'t'�
Enclosed is the revised draft License Agreement between the County of Orange
and your city. We have incorporated your changes and had the document
reviewed and approved as to form. You are welcome to proceed with the License
Agreement to your City Council for approval.
Thank you for your assistance in this important matter. If you have any
questions, you can reach me at (714) 834 -5372.
Sincerely,
4 , --
Jeff Dickman
HBP /Trail Planning Implementation
CC: Tim Miller
Robert Hamilton
LOCATION: MAILING ADDRESS: INFORMATION:
300 N. FLOWER ST. P.O. BOX 4048 (714) 834 -2300
SANTA ANA, CALIFORNIA SANTA ANA, CA 92702 -4048 FAX # 834 -5188
•
•
•
License Agreement
•
Index
1.
Use
2.
Term
3.
Consideration
4.
Liability Insurance
S.
Licensor's Use of the Property
6.
Licensee's Improvements
7.
Licensee's Personal Property
8.
Height Limitations
9.
Access and Clearances
10.
Parking
11.
Flammables, Waste and Nuisances
12.
Pesticides and Herbicides
13.
Hazardous Waste
14.
Expense
15,
Assignments
16.
Compliance with Law
17.
Governing Law
18.
Indemnification
19,
Termination
20.
Events of Default
21.
Non - Possessory Interest
22.
Waiver
23.
Notices
.
24.
Complete Agreement
•
• •
License Agreement
THIS AGREEMENT, made as of the day of 19 •
between the CITY OF NEWPORT BEACH, herein called "Licensor ", and the COUNTY OF
ORANGE hereinafter called "Licensee ", and COUNTY OF ORANGE hereinafter called
"License ".
WITNESSETH: That Licensor, for and in consideration of the faithful
performance by the Licensee of the terms and agreements hereinafter set forth
to be kept and performed by Licensee, does hereby give to Licensee the license
to use that certain real property described below and depicted in Exhibit A,
attached hereto and made a part hereof the ( "Property ") solely for the purpose
hereinunder set forth.
That property known as the proposed Bayview Way extension, located in the City
of Newport Beach, County of Orange, State of California, further described and
depicted in Exhibit A, soley for the purpose herinunder set forth,
SUBJECT TO:
Covenants, conditions, restrictions reservations, exceptions, rights
and easements, whether or not of record.
1. Use: Licensee will use the Property for Riding and Hiking Trail
purposes only. Licensor makes no representation, covenant, warranty, or
promise that the Property is fit for any particular use, including the use for •
which this Agreement is made and Licensee is not relying on any such
representation, covenant, warranty or promise. (Licensee's failure to make
use of the Property as limited by this Article, as determined by the Licensor
in its sole discretion), will be grounds for immediate termination of this
Agreement in accordance with Article's 19 and 20.
2. Term: Unless otherwise terminated as provided herein, this
Agreement will be in effect for a term of five years commencing on the first
day of April, 1997 and ending on the last day of March 2002. Licensee
acknowledges that this Agreement does not entitle Licensee to any subsequent
agreement, for any reason whatsoever, regardless of the use Licensee makes of
the Property, the improvements Licensee places on or makes to the Property, or
for any other reason.
3. Consideration: Gratis for the full -term of the License Agreement
4. Liability insurance: Licensee will insure its liabilities which
may result from its activities hereinunder by the purchase of a liability
insurance policy with a Combined Single Limit of not less that 1 million and
00 /100 Dollars ($1,000,000) and will include Licensor as an additional insured
or Licensee will provide Licensor with evidence of self insurance upon
request.
S. Licensor Use of the Property: Licensee agrees that Licensor, its
successors and assigns, have the right to enter upon the Property, at any
time, for any purpose, and the right to conduct any activity on the Property.
Exercise of these rights by Licensor, its successors and assigns, will not
result in compensation to Licensee for any damages whatsoever to personal
property and /or crops located on the Property.
6. Licensee's Improvements: Licensee must submit, for Licensor's
prior written approval, a trail design plan identifying all existing and
proposed improvements, prior to making any use of the Property. Licensee must
submit, for Licensor's prior written approval plans for modifications to such
improvements. written approval may be required to modify and /or remove any or
all such previously approved improvements at Licensee's risk and expense and
without any compensation from Licensor. Licensor is not required, at any time,
to make any improvements, alterations, changes or additions of any nature
whatsoever to the Property. Licensee expressly acknowledges that any
expenditures or improvements will in no way alter Licensor's right to
terminate in accordance with Article 26.
7. Licensee's Personal Property: All approved equipment and other
property brought, placed or erected on the Property by Licensee shall be and
remain the Property of the Licensee, except as otherwise set forth herein. If
Licensee is not in default hereunder, Licensee shall have the right to remove
the same from the Property at any time prior to thirty (30) days after the
expiration or earlier termination of this Agreement: provided, however, that
• Licensee shall promptly restore any damage to the Property caused by the
removal.
8. Height Limitations: Any equipment used by Licensee or its agents,
employees or contractors, on and /or adjacent to the Property, will be used and
operated so as to maintain a minimum clearance of seventeen (17) feet from all
overhead electrical conductors.
All trees and plants on the Property will be maintained by the
Licensee at a minimum height of fifteen (15) feet. If requested by
Licensor, licensee will remove any tree and /or other planting.
9: Access and Clearances: Licensee will provide Licensor with
adequate access to all of the Licensor's facilities on or under the Property
and at no time will there be any interference with the free movement of
Licensor's equipment and materials over the Property.
10 Parking: Licensee will not park, store repair, or refuel any motor
vehicles or allow parking, storage, repairing, or refueling of any motor
vehicles on the Property unless specifically approved in writing by Licensor.
•
0 0
11 Flammables, Waste, Nuisances: Licensee will not, nor allow others •
to, place or store any flammable or waste materials on the Property or commit
any waste or damage to the Property or allow any to be done. Licensee will
keep the Property clean, free from weeds, rubbish and debris, and in a
condition satisfactory to Licensor. Licensee will be responsible for the
control of and will be liable for any damage or disturbance, caused by dust,
odor, flammable or waste materials, noise or other nuisance disturbances.
12 Pesticides and Herbicides: Any pesticide or herbicide applications
will be made in accordance with all federal, state, county and local laws.
Licensee will dispose of all pesticides, herbicides and any other toxic
substances declared to be either a health or environmental hazard as well as
all materials contaminated be such substances, including but not limited to,
containers, clothing and equipment in the manner prescribed by law.
13 Hazardous Waste: Licensee will indemnify and hold Licensor, its
directors, officers, agents and employees, and its successors and assigns,
harmless from any and all claims, loss, damage, actions, causes of action,
expenses and /or liability arising from leaks of, spills of, and /or
contamination by or from hazardous materials as defined by applicable laws or
regulations, which may occur during and after the Agreements term, and are
attributable to the actions o£, or failure to act by, Licensee or any person
claiming under or representing Licensee.
14. Expense: Licensee will perform and pay all obligations of
Licensor under this Agreement. All matters of things herein required on the
part of Licensee will be performed and paid for at the sole cost and expense
of Licensee, without obligation on the part of Licensor to make payment or
incur cost or expense for any third party.
15. Assignments: This Agreement is personal to Licensee, and Licensee
will not assign, transfer or sell this Agreement or any privilege hereunder in
whole or in part, and any attempt to do so will void and confer no right on
any third party.
16. Compliance with Law: Licensee will comply with all applicable
federal, state, county and local laws, all covenants, conditions and
restrictions of record and all applicable ordinances, zoning restrictions,
rules, regulations, orders and any requirements of any duty constituted public
authorities now or hereafter in any manner affecting the Property of the
streets and ways adjacent thereto. Licensee will obtain all permits and other
governmental approvals required in connection with Licensee's activities
hereunder.
17. Governing Law: The existence, validity, construction, operation
and effect of this Agreement and all of its terms and provisions will be
determined in accordance with the law of the State of California.
•
0 0
18. Indemnification: Licensee shall hold harmless, defend and
indemnify Licensor, its officers, agents and employees, and its successors and
assigns, from and against all claims, loss, damage, actions, causes of
actions, expense and /or liability arising from or growing out of loss or
damage to property, including that of Licensor, or injury to or death of
persons, including employees of Licensor resulting in any manner whatsoever,
directly or indirectly, by reason of this Agreement or the use or occupancy of
the Property by Licensee or any other person claiming under this License or
the use of the property by third persons.
19. Termination: This Agreement may be canceled and terminated by
either the Licensor or Licensee, at any time, for any reason, upon (30) days
notice in writing. Licensee will peaceably quit, surrender and, prior to
termination date, restore the Property to a condition satisfactory to the
Licensor. Termination, cancellation or expiration does not release Licensee
from any liability or obligation (indemnity or otherwise) which Licensee may
have incurred. Licensee's continued presence after termination shall be deemed
a trespass.
20. Events of Default: The occurrence of any of the following shall
constitute a material default and breach of the Agreement by Licensee.
(a) The abandonment or vacating of the Property by Licensee
(b) Any attempted assignment or subletting of this Agreement by
• License in violation of Article 15.
(c) The violation by Licensee of any resolution, ordinance, statue,
code, regulation or other rule of any governmental agency in
connection with Licensee's activities pursuant to this
Agreement.
(d) A failure by Licensee to observe and perform any other
provision of this Agreement to be observed or performed by
Licensee, where such failure continues for the time period
specified in a written notice thereof by Licensor to Licensee.
(e) Any attempt to exclude Licensor from the Licensed premises.
21. Non - Possessory Interest: Licensor retains full possession of the
Property and License will not acquire any interest temporary, permanent,
irrevocable, possessory or otherwise by reason of this Agreement, or by the
exercise of the permission given herein. Licensee will make no claim to any
such interest. Any violation of this provision will immediately void and
terminate this Agreement.
0
F-
6-1
22. Waiver: No waiver by Licensor of any provision hereof shall be
deemed a waiver of any other provision hereof or any subsequent breach by
Licensee of the same or any other provision. Licensor's consent to or approval
of any act shall not be deemed to render unnecessary the obtaining of
Licensor's consent to or approval of any act by Licensee.
23. Notices: All Notices required to be given by either party will be
made in writing and deposited in the United States mail, first class, postage
prepaid, addressed as follows:
To Licensor: City of Newport Beach
Public Works Department
P.O. Box 1768
Newport Beach, CA 92659 -1768
Bus. Telephone No. (714) 644 -3311
To Licensee: County of Orange
Public Facilities and Resources /HBP
300 N. Flower St.
Santa Ana, CA 92702
Bus. Telephone No. (714) 835 -5114 -- Maintenance
County of Orange
Public Facilities and Resources /HBP
300 N. Flower
Santa Ana, CA 92702
Bus. Telephone No. (714) 835 -6779 -- Asset Management
Licensee will immediately notify Licensor of any address change
24. Complete Agreement: Licensor and Licensee acknowledge that the
foregoing provisions and addendum and exhibits attached hereto constitute the
entire Agreement between the parries.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed in duplicate of the day and year herein first above
written.
County of Orange
By
Licensee
Name /Title
APPROVED AS TO FORM
Laurence M. W tson, County Coun
ORAhG U ALIF
Date;
City of Newport Beach
By
Name /Title
Licensor
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