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HomeMy WebLinkAbout10029 - 75th AnniversaryRESOLUTION NO. 10,029 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING A STANDARD LICENSE • AGREEMENT FOR THE COMMERCIAL USE OF THE 75TH ANNIVERSARY LOGO AND AUTHORIZING A COMMITTEE • CONSISTING OF THE CHAIRMAN OF THE 75TH ANNIVERSARY COMMITTEE,, AN ADVISORY /LAISON MEMBER WHO REPRESENTS THE BUSINESS COMMUNITY, APPOINTED BY THE CHAIRMAN, THE CITY ATTORNEY AND THE PARKS, BEACH AND RECREATION DIRECTOR WHO WILL BE RESPONSIBLE FOR REVIEWING REQUESTS AND RECOMMENDING TO THE CITY MANAGER APPROVAL OF REQUESTS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID STANDARD LICENSE AGREEMENT WHEREAS, the City of Newport Beach has received the 75th Anniverary Logo; and WHEREAS, said Logo is being copyrighted pursuant to Federal law; and WHEREAS, requests have been made to the 75th Anniver- sary Committee to use the 75th Anniversary Logo for commercial purposes; and WHEREAS, the 75th Anniversary Committee has recommended to the City Council that the 75th Anniversary Logo may be used commercially for items of a commemorative nature; and WHEREAS, to protect the integrity and to control the general use of the Logo, it is appropriate to create a committee consisting of the Chairman of the 75th Anniversary Committee, an Advisory /Liason Member who represents the business community, appointed by the Chairman, the City Attorney and the Park, Beach and Recreation Director, which Committee will review requests for the use of the 75th Anniversary Logo to determine the appropriateness of the request; and WHEREAS, the commercial use of the 75th Anniversary • Logo will provide income to the 75th Anniversary Committee to help finance Committee planned events and activities; and WHEREAS, any funds that are generated by the commercial • use of the Logo over and above the cost of Committee planned events and activities will be returned to the City for the • purpose of providing a lasting community project commemorating the 75th anniversary of the City of Newport Beach. NOW, THEREFORE, BE Iry RESOLVED by the City Council of the City of Newport Beach as follows: • 1. The Standard License Agreement for commercial use of the 75th Anniversary Logo, attached hereto, is approved; 2. A Committee consisting of the Chairman of the 75th Anniversary Committee, an Advisory /Liason Member appointed by the Chairman, the City Attorney and the Parks, Beach and Recreation Director is hereby created, which Committee will review all applications for the use of the 75th Anniversary Logo and recommend to the City Manager the approval of appropriate requests for said use; 3. The City Manager is hereby authorized to execute said License Agreement upon recommendation by the Committee; 4. Funds generated by the use of this Logo shall be used by the 75th Anniversary Committee for Committee planned events and activities. Any funds generated in excess of the needs of the Committee's activities and events shall be returned to the City for the purpose of providing a lasting community project commemorating the 75th anniversary of the City of Newport Beach. 2 • • ATTEST: City Clerk r • ADOPTED this 27th day of APril , 1981. HRC /pr 4/27/81 `1 LICENSE AGREEMENT • (75th Anniversary Logo) THIS AGREEMENT is made this _ day of , 1981, by and between the City of Newport Beach hereinafter referred to as "Licensor," and "Licensee ". hereinafter referred to as RECITALS WHEREAS, Licensor is the owner of all rights, in the art work known as the 75th Anniversary Logo, hereinafter referred to as the "property "; and WHEREAS, Licensee desires to acquire from Licensor the non - exclusive right to use the property in conjunction with a commercial venture of Licensee as hereinafter set forth; and WHEREAS, Licensor desires to enter into this License Agreement with Licensee to provide said services, and for the consideration hereafter set forth. 1. GRANT OF LICENSE The Licensor hereby grants to Licensee the non - exclusive right and license to use the property, and the following rights and licenses for the term of this Agreement. 2. APPROVAL OF COMMERCIAL USE • The Licensee shall use the property in the following • manner: 5 • • • 3. ROYALTIES Licensee shall pay to Licensor a minimum deposit of $500.00 to be drawn on against 10% of the gross receipts of the use by Licensee of the property. 4. ASSIGNMENT No assignment of this Agreement or of any right or interest therein shall be valid unless the written consent of the Licensor thereto is obtained in advance of the making of such assignment. 5. REMEDIES FOR BREACH Should Licensee fail to use the property as hereinabove required, or if Licensee otherwise breaches this Agreement in any respect, then on notice given by Licensor to Licensee at any time after Licensor learns of such breach, the grant of the rights and licenses herein made by Licensor to Licensee shall terminate forthwith, and all such rights and licenses shall immediately revert to Licensor, without prejudice to other rights which Licensor may have in law. 6. NOTICES All notices and writings to be given hereunder shall be delivered in person or forwarded by ordinary mail addressed to the licensor in care of the City Clerk, 3300 Newport Blvd., Newport Beach, Ca. 92663, and to Licensee at the following address: M • IN WITNESS WHEREOF the parties hereto have caused this License Agreement to be made and executed on the day and year first above written. 01 LICENSOR CITY OF NEWPORT BEACH VManager LICENSEE