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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. Mplork W 1 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 2 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. ■ Gig ": 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. 3 .,1. • 0 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, LZ--� a Municipal Corporation �i OBIN L. CLAUSON, K MURPHY, City Manager Assistant City Attorney of the City of Newport Beach for the City of Newport Beach FAcatldebbiela&ospkg.doc 7 -29 -96 S SOS, Inc., a California Nonprofit Corporation, a� d O .9 04 1 of Newport; Sftwh Corporation Yard Parking Locations Industrial Way 1 6 2 7 3 8 4 9 - - -- 5 - - -- --- -10 - -- Gas Pumps Exhibit A