HomeMy WebLinkAboutC-3103 - Parking Agreement & LicensePARKING AGREEMENT & LICENSE
BETWEEN THE CITY OF NEWPORT BEACH AND SOS
DATE AND PARTIES
This Parking Agreement & License ( "Agreement") is made this 1st day of
August, 1996, by and between CITY of Newport Beach, municipal corporation,
Charter City ( "CITY ") and Share Our Selves, Inc. ( "SOS "), Costa Mesa, California, a
California nonprofit corporation.
II. RECITALS
A. CITY is the owner of CITY Corporation Yard located at 592 Superior
Avenue, Newport Beach, California, as depicted by Exhibit A attached
to this Agreement, (the "Premises ").
B. SOS desires the use of additional parking spaces in the vicinity of the
Corporation Yard for volunteers' vehicles during weekday business
hours.
C. Parking spaces within the Corporation Yard are available for use by
SOS with certain restrictions.
D. CITY has agreed to give SOS the license to enter and use the
Premises, subject to the terms of this Agreement. The purpose of this
Agreement is to set forth the terms and conditions of use. .
CITY gives SOS a revocable license to enter the Premises and use ten (10)
parking spaces in the area depicted in Exhibit "A" for parking by SOS volunteers and
employees only. SOS shall have the use of the ten (10) parking spaces, Monday
through Friday, but excluding CITY holidays, between the hours of 7 a.m. and 4 p.m.
This license is for the parking of vehicles only and does not include the right to
engage in the parking of storage, trailers or equipment on CITY property. CITY shall
retain the right, in its discretion to tow any vehicle, left after 4 p.m.
IV. TERM AND TERMINATION
The term of this Agreement shall be five (5) years, with one automatic five (5)
year extension if no notice to terminate is given prior to expiration of the first five (5)
year term. Notwithstanding the term of this Agreement, either Party may; terminate
the Agreement, without cause, at any time upon thirty (30) days prior written notice in
the manner required by Paragraph XII.
SOS, its employees and volunteers shall use the Premises at their own risk
and be solely responsible for the risk of damage or loss to property, and injury to
persons, occurring within the Premises. This responsibility shall include the
obligation to defend and hold the CITY free from any and all claims for money or
damages arising out of such damage, loss, or injury.
VI. PARKING CONTROL AND SIGNAGE
It is in the best interests of both Parties to prohibit the use of the parking area
by unauthorized persons. To this end, the Parties will cooperate to establish
economical and effective systems to control unauthorized use. Such measures shall
include the use of parking stall signage and individual decals provided by CITY.
SOS shall not install signs nor other parking control devices on the property of CITY,
without prior written consent of CITY staff.
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This Agreement shall provide a license for the sole use and benefit of SOS
volunteers and employees. SOS shall not have the right to assign nor transfer this
Agreement.
VIII. TITLE OF PARKING SPACES
SOS certifies, represents, and declares that it has no title in and to the use of
the ten (10) parking spaces, nor to any portion thereof and has not, does not, and
will not claim any such title, nor any easement over any property of CITY.
IX. ACTIVITIES
All activities, operations of SOS, its agents, employees, and volunteers on and
about the Premises shall be conducted with the least possible inconvenience to
CITY. SOS shall keep the Premises in clean condition, and upon the termination of
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this Agreement, SOS shall, at its sole cost and expense, promptly remove all
property from the Premises, belonging to the SOS including, but not limited to
automobiles, debris, or any other materials and promptly restore the Premises to
substantially the condition existing as of the date of this Agreement.
X. USAGE OF PREMISES
CITY shall, at all times, have the right to make such other use of the Premises
as is not inconsistent with Licensee's exercise of the License hereby granted to it.
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SOS shall, in the exercise of the rights and privileges granted by this
Agreement, adhere to and comply with all laws, ordinances, rules, and regulations,
including, without limitation, any rules, regulations or orders sent to SOS by
representatives of CITY, applicable to the use of the Premises.
XII. NOTICES
Notices, requests or demands by either Party shall be in writing and shall
either be personally served or be given by U.S. Mail, postage prepaid, and
addressed to the following persons:
To CITY: Mr. David E. Niederhaus
General Services Director
CITY of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659 -1768
SOS: Ms. Karen McGlinn
Executive Director
Share Our Selves, Inc.
1550 Superior Avenue
Costa Mesa, CA 92627
Notices, requests and demands, if not personally served, shall be deemed
received upon the expiration of forty -eight (48) hours after deposit in a U.S. post
office or mail box in Newport Beach, California.
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XIII.
The Parties have executed this Agreement in Newport Beach, California, as of
the date stated first above.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
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a Municipal Corporation
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OBIN L. CLAUSON, K MURPHY, City Manager
Assistant City Attorney of the City of Newport Beach
for the City of Newport Beach
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Corporation Yard Parking Locations
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Exhibit A