HomeMy WebLinkAboutC-4213 - Agreement (for Non-Standard Improvement - 507 Edgewater)VJ &
RECORDING REQUESTED BY:
ROBERT H. BURNHAM,
CITY ATTORNEY,
NEWPORT BEACH
WHEN RECORDED MAIL TO:
CITY OF NEWPORT BEACH
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92663
88-389Z45
EXEMPT
C14
RECORDED tN OFFICIAL RECORDS
OF ORANGE COUNTY. CALIFORNIA
-1202 PM AUG 9'88
COUNTY
RECORDER
AGREEMENT
This Agreement, made this / day of JLJ.
1988, by and between the CITY OF NEWPORT BEACH, a ,Mu icipal
Corporation and Charter City (hereinafter City) and METHOD -ART
CORPORATION, NANN Von OPPENHEIM and TEX Von OPPENHEIM, (Von
Oppenheims) is made with reference to the following facts:
A. On November 9, 1987, the City Council of the City
of Newport Beach, in conjunction with approval of revisions to
the Lindo Avenue Street End, determined to remove two (2) large
sugar gum trees located within and along the easterly boundary
of the Lindo Avenue right-of-way and immediately adjacent to
the Von Oppenheims' residence located at 507 Edgewater, Newport
Beach, California, the legal description of which is:
"Lots 107, 108, and 109 of the Subdivision
of Block "A" East Newport, as per map recorded
in Book 4, Page 51 of Miscellaneous Maps,
in the office of the county recorder of said
county."
B. The Von Oppenheims prevented the City from removing
the two (2) large trees, obtaining a court order preventing such
removal; and
C. The City and Von Oppenheims have now agreed to
a revised street -end plan that will allow the trees to remain;
and
D. An arborist retained by Von Oppenheims has
determined that the plan agreed upon will, if correctly
implemented, not present a significant threat to the near term
health and welfare of the two (2) large trees; and
E. It is the intent of the parties that the Von
Oppenheims will refrain from making claims against the City
relative to any loss, claim or damages caused to the Von Oppenheims
and their property, by the falling or movement of the two (2)
88-389245
-rge trees so long as no further change is made to the street -end
that could cause the said falling or movement or otherwise
adversely affect the health and welfare of the two (2) large
trees.
NOW, THEREFORE, the parties hereby agree as follows:
1. Von Oppenheims hereby agree to refrain from making
claims or bringing suit against the City and its officers,
employees, agents, and representatives, with respect to any
property damage, personal injury or other loss caused to Von
Oppenheims, by the falling or movement of the trees, or any part
thereof. In addition, in the event a claim is made against the
City, its officers, employees, agents, or representatives by
an insurance company due to the making of a claim by Von Oppenheims
against such company for such property damage, personal injury
or other loss caused to Von Oppenheims, by the falling or movement
of the trees, Von Oppenheims shall defend, indemnify and hold
the City, its officers, employees, agents, and representatives
harmless against any such insurance company claim.
2. Von Oppenheims' said agreement is contingent upon
the following:
A. City's implementation of the modified plan
in accordance with the terms, standards and specifications
contained in Exhibit "A" in a workmanlike fashion; and
B. Subsequent to completion of the construction,
the absence of any activity on the part of the City, or pursuant
to its direction or consent, that could cause the said falling
or movement or otherwise adversely affect the health and welfare
of the two (2) large trees.
3. This Agreement shall be recorded in the records
of the Orange County Recorder, and shall thereupon be binding
upon subsequent owners of 507 Edgewater, Newport Beach, California.
CITY
BY:
VII
NEWPORT BEACH
•o.-
Cit
NANN
rt H. _"Burnham,
Attorney
22; Von OPPENH
.✓METHOD A
BY•
NANN Von
Its:
CORP:'e• TION
H M
STATE OF CALIFORNIA
) ss.
COUNTY OF ORANGE L.
88-389245
On the ` day of July, 1988, before me, the undersigned, a
notary Public in and for said State, personally appeared NANN VON
OPPENHEIM, known to me (or proved to me on the basis of
satisfactory evidence) to be the person that executed this
instrument, and acknowledged to me that she executed the same.
0.
0
SFAT.1
WITNESS my hans3---and official seal.
Public in a d for said State.
STATE OF CA IFORNIA
COUNTY OF'7r 1.1-1 } SS.
On I j Tfd
before me,
the undetsiLuied, a NotaryPublic i t nd for paid County and State,
1 personally appeared O(ppoc,
known to me to be the psi _eden#, a.td
, known to me to be
'�h Secretary of the corporation that executed the
within Instrument, known to me to be the persons who executed the
within Instrument on behalf of the corporation therein named, and
acknow•ledg o me that such corporation executed the within
instrumen purs nt to its by -I or a resolution of its board of
directors
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88-389245
STATE OF CALIFORNIA ORANGE Iss.
COUNTY OF I
On J ULY 18, 198R ,before me, the undersigned, a Notary Public in and for
said State, personally appeared ROBERT H. BURNHAM, KNOWN TO ME TO BE
THE CITY ATTORNEY OF THE CITY OF NEWPORT BEACH
Document: Agreement
personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person( whose nameXA isXaXe sub-
scribed to the within instrument and acknowledged to me that
he/0MM executed the same. t�
WITNESS my hand and official seal.
OFFICIAL SEAL
MAUREEN L HUFFMAN
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm. expires NOV 3, 1989
SAFECO
(This area for official notarial seal)
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EXHIBIT A
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1. ALL war.11TA11C0 ON THESE ►EMS TO NC KNr,
SHALL, ERUPT AS OINCRWISC STATED IN THE CIT,
PROVISIONS, OR IN THIS COHIMACI•S SPECIAL PROYiL
CONSTRUCTED IN ACCORDANCE WITH MI *STANDARD SPLt.A,
PUBLIC WORKS CONSTRUCTION,• LABS EDITION, MO SWPLL•
LIME.
2. EXISTING WDERGRODHD UTILITES ME SHOWN AS PER AVAILABLE
THE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING THE ACTUAL
LOCATION. MD ELEVATION IN THE FIELD. PRIOR TO BEGINNING
CONSTRUCTION.
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CONSTRUCTION NOTES
REMOVE EXISTING MOP INLET.
REMOVE EXISTING 1NTtR)ERR(NG PORTIONS 12• STORM GRAIN.
CONSTRUCT Cult INLET 0L-A KR APPLICABLE PORTIONS Cr CM STD-IDS-1.
(L • 5').
CUT MINIMUM OPINING THROUGH NMHOLE COVER DOR SLUICE GTE
OPERATING NUT,
REMOVE EXISTING CURB.
REMOVE EXISTING PCC ROADWAY.
REMOVE EXISTING PCC SIDEWALK..
RE,DYE MD REPLACE EXISTING R•.TICK PCC SIDEWALK.
INSTALL 12• ACr (3750 01 STOM CRAIN.
INSTALL CONCAETE rift EOLLM PER DUB STD-3134.
INSTALL 12•.DINETEA SLUICE ATE,
CONSTRUCT 1"-THICK KC SIDEWALK.
REMIT EXISTING RICKS MD STORE KATI? Cm Tit ADJACENT
PROPERTY,
CONSTRUCT PCC ONE RR CNA STO.IB2.l., TTK 0.
C005TRUC1 6•-THICK KC ROADWAY.
INSTALL 6•-SDUARN 1R17y1 DRAIN NOD_L 200S N WITH N1CRL
1ROM2R CRATE, MITE STAINLESS STEEL SCREWS, ADJACENT TO
SEAWALL.
INSTALL 64 PVC SCHEDULE 40 DRAIN PIPE.
INSTALL 6• PVC !00 BARD. - ._ - • .. _ .
7M0TALL 6. 1 6• PVC ADAPTOR.
INSTALL 6• PVC TO RAIN Y1M000H BACK or CATCH marsh
1r110,n AND IIE2NBTALL WOWS.
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