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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 r —tu * av3a.ta Special Notes: Copies sent to: CEO nnW�ZO ' CUk4,ta_a, W�.tLi..t�n�L F wa: • e-?!j 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 -7 aQ, 0 E_ �/_ — 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 ftomlwl IV, 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: .1A 302 =_ t1 \'''•F.1 f�t.i� '1. 1 vy . Gfy,000� y i 12 Y• =u u .s n V o4f I 4� I o U � J V � v J �j t1 \'''•F.1 f�t.i� '1. 1 vy . Gfy,000� y i 12 Y• =u u .s n V o4f I 4� I 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 fl- 0 - City of Newport Beach By of INewportBeacho Lic .1 Name/Ti t4e C I' 1 ' .I' /. 1 91179991- 1 E, r 1. ..1 4 if 9� rr jt 0 71 Of 0 IV 7 0 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 60 Kar .0 ------- ---- 6 J I'v 44 . .... ... ell, '41 0 qu 0 of t 14\ ........... , —It L7 A Coq �� ce o �- / //� it // / 3 it O,Q \8R\ rt. of v 41 It IN (V v 11N rb