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HomeMy WebLinkAboutC-2912(A) - Irrevocable Offer of Dedication Hoag View Park, Development Agreementf RECORDING REQUESTED WHEN RECORDED MAIL TO: City Clerk % -8` f 2l ' City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 IA Gary L. Rranville, ..ter i ;1r;,e. The Undersigned declares that this document is recorded at the request of and for the benefit of the City of Newport Beach and therefore is exempt from the payment of the recording fee pursuant to Government Code § 6103 and from the payment of the Documentary Transfer Tax pursuant to Revenu-. • Taxation Code § 11922. (Space Above Line For Recorder's Use Only) IRREVOCABLE OFFER OF DEDICATION FOR VALUABLE CONSIDERATION, receipt of which is hereby ac MEMORIAL HOSPITAL PRESBYTERIAN, a California nonprofit public benefit co ., hereby irrevocably offers to dedicate in fee to the CITY OF NEWPORT BEACH, a Ca corporation ("City"), rP that certain real property located in the City of Newport Beach, Coune ert State of California described on Exhibit A attached hereto (the "Pro conditions: p y) on the following terms and A. Fulfillment of Condition. This Irrevocable Offer of Dedication of the Property is made in order to fulfill: (1) a condition of approval set forth in that certain development agreement entered into between Hoag and City recorded on March 23 , 1994 in the office of the County Recorder for the County of Orange as Instrument No. 0 9 4- 2 n 7 2 7 6 ("Development Agreement"); and (2) a special condition of Coastal Development Permit Nos. 5-93-253 and 5-93-253A, approved by the California Coastal Commission on April 14, 1994 and February 9, 1995, respectively, in accordance with the Staff Recommendations and Findings, attached hereto as Exhibit E and incorporated herein by reference. B. Intent of the Parties. It is the intent of Hoag to limit, as much as possible, any repeated or long term intrusion into or onto the Property and only to coincide with the phases of development of Hoag's lower campus property adjacent to Pacific Coast Highway ("Hoag's ower Campus"). It is the intent of the City in agreeing to the exceptions and reservations as herein provided, to protect and preserve the rights of the public to use and enjoy the Property with the least amount of disruption as possible. Hoag shall only disturb, disrupt, and intrude into and upon that area of the Property as it is necessary for construction of a particular phase of development of the Hoag Lower Campus. Hoag shall complete its construction activity causing interference with the Property's use for park purposes on a first priority basis and restore the Property as soon as possible thereafter regardless of the timing for completion of the construction of the Hoag Lower Campus to which the intrusion into or onto the Property relates. C. Exceptions and Reservations. The Property shall be accepted by City subject to the following exceptions and reservations in favor of Hoag, its successors and assigns, together with the right to grant and transfer all or a portion of the same: 1. A right to temporarily enter upon the Property as described in Exhibit A together with a non-exclusive easement on, over, under, or across the Property for grading and construction and maintenance purposes in accordance with the Potential Project Phasing Schedule attached marked Exhibit B and the Conceptual Crib Wall And Tiebacks System attached marked Exhibit C. 2. Prior to commencing any construction work which will interfere with the use of any area of the Property for park purposes, Hoag shall give City a minimum of ninety (90) days prior written notice of its intention to begin such work unless there exists an emergency requiring work to be done immediately. The notification shall disclose the extent and type of work to be performed, the estimated period of time of park disruption, and the anticipated date when the Property will be restored and returned to public use. 3. Subject to the provisions of subparagraph B above, a right to interfere with and disturb the use and enjoyment of all or a portion of the Property during those periods of time Hoag is under construction of the various phases of development on the Hoag Lower Campus pursuant to the Master Plan of development ("Hoag Hospital Master Plan") incorporated as part of the Development Agreement. During the Hoag Lower Campus construction impacting the Property, Hoag shall properly fence that area of the Property being used for construction and/or maintenance activities in conformance with State and local law to protect the safety of the general public. Restoration of that area of the Property disturbed shall occur immediately after the construction and/or maintenance activity is completed regardless of the timing of completion of the Hoag Lower Campus construction to which the intrusion into or onto the Property relates. 04-16-94 12272-00001 F:\DOC\152\94030012.OF1 [WP 5.1] 4. A permasubsurface right to construct, replat . pair, maintain and install drainage, soils stabilization (lateral and subjacent support) facilities required as part of development of the _ Hoag Hospital Master Plan on the Hoag Lower Campus. This right includes the installation of utilities with the prior written consent of the City. All permanent subsurface facilities shall be constructed at a minimum depth of ten (10) feet below finished grade of the Property unless otherwise approved by the City's Public Works Department in writing. D. Additional Terms and Conditions. The grants and reservations hereinabove described shall be subject to: 1. The obligation of Hoag to pay for all costs associated with the restoration and replacement of landscaping and other public improvements disturbed by Hoag's grading and construction activity in a manner which will return the Property to the same condition as it was in prior to said construction activity by Hoag. Hoag shall restore the Property to its original condition as soon as feasible, but in no event, more than ninety (90) days from the time construction and/or maintenance activities are completed on the Property. The design of the replacement landscaping and associated irrigation system, if any, shall be approved by the City's Public Works Department and General Services Department. Hoag shall maintain all replacement landscaping for a minimum of one hundred eighty (180) days during the plant establishment period. 2. Hoag shall maintain all private improvements constructed within the Property relating to the Hoag Hospital Master Plan construction in accordance with prevailing standards of maintenance, and pay all costs and expenses associated therewith. 3. If City or other public facilities or improvements are damaged by the maintenance, grading, installation or construction in any way related to the Hoag Hospital Master Plan development, Hoag shall be responsible for the cost of repairs and replacement. 4. Hoag shall have all wells on the Property inspected by a licensed petroleum engineer to insure that they have been properly abandoned and capped. Hoag shall be responsible to provide for any required maintenance and/or cleanup associated with the wells abandoned and pay for all cost to abandon and cap any well not properly abandoned in accordance with the State Department of Oil and Gas standards. 5. Prior to the exercise of the exceptions and reservations herein described Hoag and City shall enter into an administrative temporary construction agreement the form and content of which shall be satisfactory to City, which temporary construction agreement shall define the nature and location of the grading and construction activity and the approximate period of time that the area of the Property described in the agreement will be unavailable for use by City in accordance with Exhibits B and C. 6. General and special real property taxes and supplemental assessments, if any, for the fiscal year; provided, however, that Hoag shall pay for: (a) any such taxes and assessments applicable to the Property prior to the date of City's acceptance of this offer; and (b) any assessments, special taxes or other payments arising from bonds, contracts, or liens created by, through or as a result of the efforts or activities of Hoag. 7. All covenants, conditions, restrictions, reservations, rights, rights of way, easements and other matters of records as of the recordation date of this offer as reflected in the Title Report attached as Exhibit D or which are known to City or apparent from an inspection of the Property and which do not interfere with or prevent the use of the Property for park purposes. E. Use and Maintenance of the Property. The Property shall be maintained and used by City as a public linear and consolidated view park, to be open to the public for public access and passive recreational use, and for no other purpose. The Property shall not be sold, leased or used for any residential, commercial, or industrial purposes. City shall keep and maintain the Property in a neat and clean condition at all times in accordance with applicable municipal ordinances. Any park improvements shall require a separate coastal development permit. F. Cost of Enforcement. In the event any declaratory or other legal or equitable action or proceeding shall be instituted between Hoag and City to enforce any provision of this Irrevocable Offer of Dedication, the party prevailing in such action shall be entitled to recover from the losing party or parties its costs an expenses, including court costs and reasonable attorneys' fees. G. Indemnity. Hoag shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damage, liability, claims, suits, costs and expenses, including reasonable attorneys' fees regardless of the merit or outcome of any such claim or suit arising from or in any manner connected with the design, construction, maintenance or continued existence of private encroachments into the Property relating to construction on the Hoag Lower Campus or to the wells located on the Property. H. Notices. All notices, consents, demands, requests and other communications provided herein shall be in writing and shall be deemed to have been duly given if and when personally served or 24 hours after being sent by United States registered mail, return receipt requested, postage prepaid, to the other party at the following respective address: 04-16-94 12272-00001 F:\DOC\152\94030012.0F1 [WP 5.1] 2 If to Hoag: Hoag Memorial Hospital Presbyterian 310 Newport Boulevard Newport Beach, California 92663 Attn: President/CEO If to City: City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Attn: City Clerk or at such other address as Hoag or City may designate to the other in writing. I. Invalidity of Provision. If any provision of this instrument shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provisions of this instrument, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of the terms of this instrument as a whole. J. Manner of Acceptance. This Offer shall be accepted by City by resolution or other official action appropriate to the powers of and laws governing City, a notice of which action shall be recorded in the Official Records of Orange County, California. K. Condition of Property. Hoag represents to City that, to the best of Hoag's knowledge, it is unaware of any releases of hazardous materials that may have occurred on the Property. As used in this subsection, the term "hazardous materials" means the materials defined in Section 25501(j) of the California Health and Safety Code. The term "hazardous materials" includes, without limitation, pesticides, fungicides, rodenticides, and petroleum hydrocarbons in quantities or concentrations that are injurious to health and safety of persons or harmful to the environment. Except: (i) for the allocation of liability for remediation of the Property due to the release of hazardous materials, which shall be governed by applicable law; and (ii) as provided in this Offer, City shall accept the Property, if at all, in "As Is" condition without any representation or warranty by Hoag or his representatives, real or implied, as to the Property's condition or suitability for any use. Notwithstanding, City shall assume no liability for the existence, future cleanup, maintenance, abandonment or recapping of any identified well located on the Property. IN WITNESS WHEREOF, Hoag has executed this Offer as of the /7'w day of , 1994. HOAG MEMORIA HOSPIT • )PRESBYTERIAN, a Califor 'a Nonpro.. > Public efit Corporation By Albert er, Chairman o the Board STATE OF CALIFORNIA ss. COUNTY OF ORANGE On % G,. L © -,g—L) / 7 / 9 9 4/ before me, JyJuba 6Lc,� /�J4-ge; » a notary public in and for said State, personally appeared A-i.-F-,. 7- 37 A z4- E ,. Fsei a14 'i eo --to-me- (or proved to me on the basis of satisfactory evidence) to be the personae) whose name() is/aik subscribed to the within instrument and acknowledged to me that he/sJ'e/tl y executed the same in his/hyr/tIleir authorized capacity(ivi), and that by his/hiir/thAr signatures) on the instrument the personV, or the entity upon behalf of which the person acted, acted, executed the instrument. WITNESS my hand and official seal. LYNDA SUE MARTINEZ COMM. #955610 Notary Public — California ORANGE COUNTY My Comm. Expires FEB 09,1996 (Seal) 04-16-94 12272-00001 F:\DOC\152\94030012.OFF [WP 5.1] 3 EXHIBIT A PROPERTY LEGAL DESCRIPTION The real property in the City of Newport Beach, County of Orange, State of California being further described as follows: THOSE PORTIONS OF LOT 172 IN BLOCK 1 OF IRVINE SUBDIVISION IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: PARCEL "A" (PERMANENT PARK) BEGINNING AT THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "N 82 11'49", 584.99 FEET" IN THE NORTHERLY LINE OF PARCEL 1 IN THE DEED TO THE HOAG MEMORIAL HOSPITAL- PRESBYTERIAN, RECORDED JUNE 19, 1984 AS INSTRUMENT NO. 84- 251192 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 1 SOUTH 40 38'03" WEST 73.80 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 70 06'40" EAST 161.81 FEET; THENCE NORTH 07 48'11" EAST 20.89 FEET THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 55.00 FEET; THENCE 86.39 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 00'00" TO A RADIAL LINE OF SAID CURVE WHICH BEARS NORTH 07 48'11" EAST; THENCE ON THE PROLONGATION OF SAID RADIAL 20.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A", SAID POINT BEING IN SAID NORTHERLY LINE OF PARCEL 1, SAID POINT BEARS SOUTH 82 11'49" EAST 173.21 FEET FROM SAID NORTHWESTERLY TERMINUS; THENCE ALONG SAID NORTHERLY LINE OF PARCEL 1 NORTH 82 11'49" WEST 173.21 FEET TO THE POINT OF BEGINNING. F:\CAT\GINA\HOADATT.1 PARCEL "B" (PERMANENT PARK) A STRIP OF LAND 20.00 FEET WIDE, THE NORTHERLY LINE DESCRIBED AS FOLLOWS: BEGINNING AT POINT "A" HEREINABOVE DESCRIBED IN PARCEL "A"; THENCE ALONG SAID NORTHERLY LINE OF PARCEL 1 SOUTH 82 11'49" EAST 411.73 FEET; THENCE NORTH 87 50'22" EAST 671.50 FEET. SAID STRIP TO TERMINATE WESTERLY IN THE EASTERLY LINE OF HEREINABOVE DESCRIBED PARCEL "A". PARCEL "C" (TEMPORARY CONSTRUCTION EASEMENT) A STRIP OF LAND 20.00 FEET WIDE DESCRIBED AS FOLLOWS: THE SOUTHERLY, SOUTHEASTERLY AND WESTERLY 20.00 FEET OF HEREINABOVE DESCRIBED PARCEL "A" TOGETHER WITH ALL OF HEREINABOVE DESCRIBED PARCEL "B". F:\CAT\GINA\HOADATT.2 AS SHOWN ON EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. David A. Boyle, RCE 8.59 License Expires 6- 0-•7 H17-100-00 W-258 January 26, 1994 DAB-Legal-94.2 2-i- qi__ NO2'09'38"W 20.00' GRAPHIC SCALE 120 60 0 120 1 1 ,• I I IT Afl 1. ♦, 1 f\ I .0A El I I, II • •• l/l. ,I \ N rO i f i 1 // 1 1\ 1 M. • 1 I f\ f\ 1 1 / 1 /. 1,\ 1 I I1 11• I 11.41 II I/ 1 •. I I MI •I l/ 1, I I I •I 1 •I 1\ 20.00' T r\ I I\ T / 1 I\ 1 MI /1 I 1 I\11 1 I I I/ -I \I I 1 1 •I • I I , • , Ii v 4 ri I 1 I / ,• I\ IVI IVI I• A,• _ 1 . .I I,_ IV• IVI• A , .• IS I. I ' ,l 1.1 i\ Se \. 11 Ie.1-f\ / 1, • I• :- A A ,• ,• IR/ 1 1/ �I II I •/ I I 1. I `I •A . \/ 'f 4. •/ 1 1 •/ l/ r\ ,• I A . 1. PARCEL "C' 20,00' (TEMPORARY CONSTRUCTION EASEMENT) PARCEL "B" (PERMANENT PARK) N'LY LINE INSTR. NO. o) 84-251192 P.0.8. PCL. 'A' z w N07'48'II'E 'I' 20.00' (RAD) p 90'00'00' T = 55. ...:s•'• R = 55.00' L = 86.39' N07'48.11-E • 20.89'. �:- P o p-R4Ryq00• C)CO - FgSFMF t/ TR, 47L�W'LY LINE INSTR. NO, �yGF\ 84-251192 / / 1 1 / / SCALE IN FEET / Prepared / / / by / / / / / ENGINEERING Or EXHIBIT "A" SKETCH TO ACCOMPANY LEGAL DESCRIPTION OF PARK DEDICATION TD THE CITY OF NEWPORT BEACH. H17-►00-00 01-26-1994 W-258 fl 3 0 240 'O 0 m z r 0 m a -y1 x _1 co 3 v 1 cnCn m 0 — z = EXHIBIT B POTENTIAL PROJECT PHASING SCHEDULE Approx. 16 months construction a a 0 x rn 0 0 0, 0 0 cn c 0 0• m 2 m a 0 x Q) �./ 3 2 r0 0) cn o _ c 0 n x 0 Approx. 16 months construction uottonJisuoo sytuow 9 G o4- 16,-Y4 12272-0nun 1 F:'.DOC`' 1 S'_\Y-1030(11 2.r )FF Iw[' 3.11 6 EXHIBIT C CONCEPTUAL CRIB WALL AND TIEBACKS SYSTEM 00/Z002] TIEBACKS 04-16-94 12272-00001 F:\bOC\152`9-1030012.OFF IWP 5.11 7 L5 • • c :0 0 z 70 .1 1 LifiE 1