HomeMy WebLinkAboutC-1191 - Use Permit 1355 Newporter Inn improvements10
The Newporter Hotel Corp.
P. O. Baru 7588
Phoenix, Arizona 85011
Subject: Use Permit No. 1355
(Newporter Iva Additieas)
0
November 3,, 1971
This letter will serve to inform you that on October 26, 1971,
the City Council of the City of Newport Beach accepted the
public improvements constructed in conjunction with Use Pasmit
No. 1355. and the City Clerk was authorized to release the
Faithful Performance Bond No. SC 6180695.
The City Clerk was authorized to release the Labor and Materials
Bond in six months provided so claims have been tiled.
Laura Lagios
City Clerk
ds
cc: Public Works Department
��wC �„ ✓vim � r z /tfd�
OCT 2 61971
By 4he CITY COUNCIL
CITY PF "Aaw"W"Or BEACH
TO: CITY COUNCIL
FROM: Public Works Department
October 26, 1971
SUBJECT: ACCEPTANCE OF THE PUBLIC IMPROVEMENTS CONSTRUCTED WITH
USE PERMIT NO. 1355 ( NEWPORTER INN ADDITIONS)
LOCATION: ALONG JAMBOREE ROAD AND BACK BAY DRIVE ADJACENT TO THE
NEWPORTER INN (SEE ATTACHED EXHIBIT).
DEVELOPER: THE NEWPORTER INN (NOW KNOWN AS DEL WEBB'S NEWPORTER INN)
RECOMMENDATIONS:
DISCUSSION:
1. Accept the public improvements constructed in conjunction
with Use Permit No. 1355.
14-7
2. Authorize the City Clerk to release the Faithful Performance
Bonds (Nos. SC 6180694 and SC 6180695).
3. Authorize the City Clerk to release the Labor and Materials
Bond in six months provided no claims have been filed.
(Ref, Section 11612, Subdivision Map Act.)
Use Permit No. 1355 was approved on June 20, 1968, for the additions to the
Newporter Inn and expansion of their overall facilities. The approval was conditioned
upon the Newporter's completion of public improvements along Jamboree Road and Back Bay
Drive adjacent to their property. The improvements included street widening, curb and
gutter, sidewalks, and street lighting.
The work was planned to be accomplished in two phases. The first phase
covered the work along Jamboree Road and the second phase covered the work along Back
Bay Drive. However, the developer chose to accomplish both phases of work at the same
time because of the balancing of earthwork quantities.
The required public improvements have been constructed and inspected, and
they are satisfactory for acceptance,
l
Devlin
ks Director
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/'216LtC Ta 6E ACCEPTEp
CITY OF NEWPORT BEACH DRAWN-92f=6--' DATE
PUBLIC WORKS DEPARTMENT APPROVED
ESC/ !/ 8/ r S 1-4 o w /N G PUBLIC WORKS DIRECTOR
PuB u c /M P e OVEN /E.VTm To B E R.E. NO.
"4ccEPTEQ Ad,/AGENT TO . T.`/.E
NEwvOeTE.2 /NN IU.R /35Si DRAWING NO. i
Please take notice that General Electric Supply Company,
a Division of General Electric Company, a corporation, located at
700 East Temple Street, Los Angeles, California 90012, furnished
and supplied electrical materials and equipment to Electric Con-
tractors Inc., a subcontractor of Barden Construction Co., persons
acting by the authority of the Owner, for the work of improvement
located in the City of Newport Beach, pursuant to City of Newport
Beach Use Permit No. 1355, known as Street Lighting, Newporter
Inn, Jamboree Road approximately 2 miles south of McArthur, Newport
Beach, California.
The amount agreed to be paid for said labor and materials
and remaining unpaid is $6,794.82.
The within notice is given pursuant to the requirements
of Civil Code Sections 3240 and 3241 of the State of California
and as a prerequisite to filing suit upon that certain Labor and
Material Bond No. SC 6180694 executed by Newporter Hotel Corp.,
as principal, and Fireman's Fund Insurance Company, as surety.
DATED:
JUL 9 1911
Dole ............................�.�
COPIES SENT TO:
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Ol,DUncilmeW
July 8, 1971.
GENERAL ELECTRIC SUPPLY COMPANY,
A Division of GENERAL ELECTRIC COMPANY,
BY MESERVE, MUMPER & HUGHES,
By
Jo Deaco
I Attorneys
LEO E.ANDERSON
(213) 620 -0300
J, ROBERT MESERVE
LEWIS T. GARDINER
LAW OFFICES OF
CABLE ADDRESS
DOWNEY A.GROSENBAUGH
MESERVE, MUMPER 6 HUGHES
"MESMUHU"
CROMWELL WARNER. JR.
KARL L. DAVIS, JR.
SUITE 500 MOBIL BUILDING
ROBERT A. KELLER
612 SOUTH FLOWER STREET
EDWIN A. MESERVE
DENNETT F. KOURI
JAMES M.ORENDORFF
LOS ANGELES, CALIFORNIA 90017
1963 -1955
DAVID RTX
SHIRLEY RVE
A MEMO
PETER A.MENJOU
1999 -1959
-1959
CHRISTOPHER E.ROLIN
HEWLINGS MUMPER
E. A. CRARY
I899 -1969
JOHN DEACON
ROGER D. DARNELL
CLIFFO
'` J
F Li ONS! {L / (�
STATUTORY NOTICE
PRIVATE MATERIAL AND LABOR
BOND
TO: CITY
OF NEWPORT BEACH
3300
Newport Boulevard
Newport Beach, California 92660
Please take notice that General Electric Supply Company,
a Division of General Electric Company, a corporation, located at
700 East Temple Street, Los Angeles, California 90012, furnished
and supplied electrical materials and equipment to Electric Con-
tractors Inc., a subcontractor of Barden Construction Co., persons
acting by the authority of the Owner, for the work of improvement
located in the City of Newport Beach, pursuant to City of Newport
Beach Use Permit No. 1355, known as Street Lighting, Newporter
Inn, Jamboree Road approximately 2 miles south of McArthur, Newport
Beach, California.
The amount agreed to be paid for said labor and materials
and remaining unpaid is $6,794.82.
The within notice is given pursuant to the requirements
of Civil Code Sections 3240 and 3241 of the State of California
and as a prerequisite to filing suit upon that certain Labor and
Material Bond No. SC 6180694 executed by Newporter Hotel Corp.,
as principal, and Fireman's Fund Insurance Company, as surety.
DATED:
JUL 9 1911
Dole ............................�.�
COPIES SENT TO:
� m.gBr
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)ireelDC I
I
Ol,DUncilmeW
July 8, 1971.
GENERAL ELECTRIC SUPPLY COMPANY,
A Division of GENERAL ELECTRIC COMPANY,
BY MESERVE, MUMPER & HUGHES,
By
Jo Deaco
I Attorneys
August 7. 1970
PUBLIC WORKS WATdMW
CITY CLERIC
USE PEAMIT NO. 13559 PUBLIC MWVEFMM
Enclosed are two executed copies of Amandownt to Agreement
with Use he Maqwtev
acs send one in conjunction with subject
Permit.
Dopy to the Nwrporter ran and ans
is for your, files.
Laura Lague
City Clark
LLsswk
enC.
ow City Attaw" w /o* of Agent
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AMENDMENT TO AGREEMENT
ion of time for completion of public
merits. Use Permit No. 1355)
THIS AGREEMENT, made and entered into this 5'rff day of
THE NEZyPORTER HOTEL
u G 11:5 ! , 1970, by and between
:P. Snow d /b /a DEL WEBB'S NEWPORTER INN),
- - - -' hereinafter
referred to as "Developer," and the CITY OF NEWPORT BEACH, a muni-
cipal corporation, organized and existing by virtue.of its Charter
and the Constitution and.laws of the State of California, herein-
after referred to as' "City;"
W I T N E S S E T H:
WHEREAS, Developer and City have entered into an
agreement dated the 18th day of September, 1968, under which
Developer agreed to complete certain public improvements specified
in said agreement on a parcel of land being developed as the
NEWPORTER INN ADDITIONS in accordance with the terms and
of Use Permit No. 1355; and
WHEREAS, said agreement provides that Phase I of the
improvements will be completed within twelve (12) months from the
date thereof and Phase II of the improvements will be completed
within thirty -six (36) months from the date thereof, and further
provides that such time may be extended by the City Council upon
the request of the Developer when the City Council determines that
circumstances justify an extension of time; and
WHEREAS, Developer has requested that the City Council
extend the time for completion of Phase I of said improvements
for fifteen (15) months; and
WHEREAS, it would be in the mutual interest of the
parties to extend the time within which said improvements must be
completed as requested;
NOW, THEREFORE, the parties agree to extend the time
the completion of said improvements as follows:
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7/14/70
1. The time for the completion of Phase I of said
improvements in accordance with said agreement is extended to
December 18, 1970.
2. The purpose of this amendment is merely to extend
the time within which the permanent public improvements must be
completed and shall not be construed to relieve Developer of any of
the obligations under said agreement.
IN WITNESS WHEREOF, the parties have executed this
agreement as of the day and year first above written.
s
Title: Ass i
Title; Vice President
DEVELOPER
Approved as to CITY OF NEWPORT BEACH, a municipal
ufficie cy: corporation
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Mayor
APPROVED AS FORM:
✓ ATTEST:
T
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City A&torney
Zrity Cleric
CITY
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SAS# there has been presented to the City Council
of the City of Newport Beach an amvedment to an agreement between
the City of Newport Beach and Newport.er Hotel Corporation, which
amendment would extend the time for completion of Phase I of
the construction of public improvements, as act forth in the
original Agreement dated September 18, 1988, in connection with
the Bewporter Inn Aaiditions, Use Permit No. 1935; and
WHOLWO the City Council has consider-ad the term and
conditions of said Amendment to Agreement and found them to be
lair and equitable, and in the mutual intarastu of the parties;
NOW9 THg MPME, BE IT RESOLVER that said Amendment to
Agreement above described is approved, and the Mayor and City
Cleric are hereby authorixed and directed to execute tiro same can
behalf of the City of Newport Beach.
ADOPTED this 27th day of July, 1970.
T, e
ATTEST*
tp Clark
TRS;mh
7/22/70
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.,UL 27 ly /U
By the CITY COUNCIL
TO: (tifrr CUU*owPOFT BEACH
FROM: Public Works Director
July 27, 1970
SUBJECT. AGREEMENT FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS IN CONNECTION
WITH THE NEWPORTER INN ADDITIONS (USE PERMIT NO. 1355)
LOCATION: JAMBOREE ROAD AND BACK BAY DRIVE
RECOMMENDATION:
Adopt a resolution approving an amendment to the subject agreement
extending the time for completion of the Phase I public improve-
ments and authorizing the Mayor and City Clerk to execute the
amendment.
DISCUSSIONo
�1
On October 7, 1968, the City Council adopted Resolution No. 6876 authorizing the
Mayor and City Clerk to execute an agreement with the Newporter Hotel Corporation in
which they guarantee completion of certain public improvements in connection with
Use Permit No. 1355. The agreement provides for construction of the public improve-
ments in two phases. Phase I consists of street widening, curb and gutter, and street
lighting on the Jamboree Road frontage. Phase II consists of the construction of
street widening, curb and gutter, and street lighting on the Back Bay Drive frontage as
well as sidewalk construction along both the Jamboree Road and Back Bay Drive frontages.
The term of the agreement was one year for Phase I and three years for Phase II. The
effective date of the agreement was September 18, 1968.
The agreement further provides that the time in which the public improvements
are to be constructed may be extended by the City Council upon the request of the
developer when the City Council determines that circumstances justify an extension of
time.
The Newporter Hotel Corporation (now doing business as Del Webb °s Newporter
Inn) has requested a time extension of fifteen (15) months for Phase I of the public
improvements. They have indicated their intention to accomplish the work this fall
after their busy summer season is finished.
Approval of the amendment extending the time for completion of the Phase I
public improvements until December 18, 1970, is recommended. Deferring the construction
should not result in any hardship or inconvenience to the public.
z�
Joseph T. Devlin
Public Works Director
GPP /bg
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RRSoLUTIO, :,00..1.
iOMW, there has been presented to the City Cenmoil
of the City of Newport Beach an amendment to an agreement between
the City of Newport Beach and Spoporter Hotel Corporation, which
amt would extend the time for completion of Phase I of
the construction of public improvements, as set forth in the
original Agreement dated September 18, 19680 in connection with
the Rewporter Inn Additions, Use Permit Ito. 1355; and
WROJWO the City Co=eil has considered the terms and
e anditions of said Amendment to Agreement and found them to be
fair and equitable, and in the manual interests of the parties;
NOW* THIi>iRY=l IE IT RRSMVO that said Amendment to
Agreement above described is approved, and the Mayor and.City
Clerk are hereby authorised and directed to execute the same an
behalf of the City of Newport Beach.
ATTEST:
city er
ADOPM this 27th day of July. 1970.
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7/U/70
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July 21, 1970
TO: (1) CITY ATTORNEY 14
(2) CITY MANAGER
(3) CITY CLERK
FROM: Assistant Public Works Director
SUBJECT: AMENDMENT TO AGREEMENT FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS IN
CONNECTION WITH THE NEWPORTER INNADDITIONS - USE PERMIT NO. 1355
Attached are the original and three copies of the subject amendment. The
signatures appear to be in order. However, they have modified the form
of the Developer's name (see attached transmittal letter for an
explanation).
The following action on the amendment is requested:
1. City Attorney
✓a - Verify approval of amendment as to form.
i Forward all copies to the City Manager
Ve!-Prepare a resolution authorizing the Mayor and
City Clerk to execute the amendment.
2. City Manager
✓/� Approve amendment as to sufficiency.
b. Forward all copies to the City Clerk.
3. City Clerk
a. Present amendment to the City Council for approval.
b. Have the Mayor execute the amendment.
c. Retain original of amendment for your files and return
all copies to the Public Works Department.
Benjamin B. Nolan
Assistant Public Works Director
GPP /bg
Att.
6 !
THE NEWPORTER HOTEL CORP.
P. O. Box 7588
Phoenix, Arizona 85011
July 20, 1970
PllUtiL 'r'tiUtlfiJ r
�9
MY (;F
Mr. Gail P. Pickart
Subdivision Engineer
City of Newport Beach
Public Works Department
3300 W. Newport Boulevard
Newport Beach, California
Dear Mr. Pickart:
I am forwarding to you herewith four (4) copies of an "Amendment to
Agreement, " entered into July 20, 1970 between The Newporter Hotel
Corp. and the City of Newport Beach, in connection with that certain
Agreement originally entered into between said parties on September 18,
1968.
Inasmuch as the Agreement that you forwarded to us represented that it
was between Del Webb's Newporter Inn (formerly known as Newporter
Hotel Corporation), I have changed the name of the Developer to read
properly from a legal point -of -view. That is, the Developer is actually
the same legal entity, The Newporter Hotel Corp. , but is now d /b /a
Del Webb's Newporter Inn in contradistinction to the Agreement that was
entered into on September 18, 1968.
In order that this be returned to you quickly, the change of name as it
appears in the document has not been initialled, but as Assistant Secretary
of the company I can certify to the fact that the change set forth above is
to establish the proper legal identification of the Developer.
Yours very truly,
Donald H. 'Bay
Assistant Secr
DHB:gjb
Encls.
cc: Frampton Ross Middleton
o? 7
l - December 22, 1969
1969 1970 +
CITY OF NWPoVtaL9CIL By +ho CITY COUNCIL
CITY OF NEWPORT BEACH..
FROM: Public Works Director
SUBJECT: AGREEMENT FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS
IN CONNECTION WITH NEWPORTER INN ADDITIONS
USE PERMIT NO. 1355
LOCATION: JAMBOREE ROAD AND BACK BAY DRIVE
RECOMMENDATION: r, ;6e _1�7
CITY CF ids, i a °'4
Adopt a resolution aoprovinq an amendment t o t he subj-�L•'1: agret
and authorizing the Mayor and City Clerk to execute the amend erpe{� 271970
DISCUSSION: By the CITY COUNCIL
CITY Ra NEWPORT BEACH
On October 7, 1968, the City Council adopted a resolution authorizing
the Mayor and City Clerk to execute an agreement with the Newporter Hotel Corporation
in which they guarantee completion of certain public improvements in connection with
Use Permit No. 1355. The agreement provides for construction of the public improve-
ments in two phases. Phase I consists of street widening, curb and gutter, and street
lighting on the Jamboree Road frontage. Phase II consists of the construction of
street widening, curb and gutter, and street lighting on the Back Bay Drive frontage
as well as sidewalk construction along both the Jamboree Road and Back Bay Drive
frontages. The term of the agreement was one year for Phase I and three years for
Phase II.
The agreement further provides that the time in which the public improvements
are to be constructed may be extended by the City Council upon the request of the
developer when the City Council determines that circumstances justify an extension of
time.
The Newporter Hotel Corporation has requested a time extension of one year
for both Phase I and Phase II of the public improvements. They hope to tie the
construction of their public improvements to those of the Park Newport Apartments by
employing the same contractor with a resulting savings in cost to both parties. By
deferring the construction work, they also hope to avoid problems and delays because
of weather.
Approval of the amendment extending the time for completion of the public
improvements is recommended. Deferring the construction should not result in any
hardship or inconvenience to the public.
I evlin
s Director
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}MU H* SUN=
City. Attorney
THS:eg
Att.
`. cc: City Manager
Public Works Director
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A OLUTION OF THE CITY C CIL OF THE CITY
OF ORT BEACH, AUTHOR -THE EXECUTION 0:
AGREEMENT BETWEEN,T OF NEWPORT BEA
N0. 55
WHERE there has been presented to the City Council
of the City of Newport each an amendment to an agr ent between
the City of Newport Beac and Newporter Hotel Co ration, which
amendment would extend th tine for completion f both Phase I and
Phase II of the constructio of'public impro'ments in connection
with the Newporter Inn addit n, Use Permit:'No. 1355; and
WHEREAS, the Cit Council t(as considered the terms and
conditions of said amendment to aid areement and found them to be
fair and equitable, and in the mu a� interest of the parties;
NOW, THEREFORE, BE I RESOLVED that said amendment to
agreement above described is app ve and the Mayor and City Clerk
are hereby authorized and dire ed to ecute the same on behalf of
the City of Newport Beach.
ADOPTED this/22nd day of Deckmber, 1969.
ATTEST:
THS:eg
12/18/69
_Al
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AGREEMENT .
THIS AGREEMENT, made mid entered into this day
,�;.
of 1968, by and between NEWPORTER HOTEL CORP.,
hereinafter referred to as. "Developer ", and the CITY OF NEWPORT
BEACH, a municipal corporatton,.organized and existing under and
by virtue of its Charter and the Constitution and lais..of the
State of California,.hereinafter referred.,ta-as "City";
WIT --NE -- SSETH
WHEREAS, Developer proposes to improve land within
the City of Newport Beach to be known as the NEWPORTER INN -
Additions in accordance with the terms and conditions of Use
Permit No. 1355, approved by the City of Newport Beach on
June 20, 1968; and
WHEREAS, Developer proposes to construct street and
other public improvements in connection with said Development
as required by the Newport Beach Municipal Code and as herein-
after provided; and
WHEREAS, the terms and conditions of Use Permit No.
1355 set forth in the approval granted by the Planning Commission
of the City of Newport Beach provide for an agreement to be
executed, containing certain provisions as hereinafter set out;
NOW, THEREFORE, in consideration . of their mutual promises,
the parties hereto agree as follows:
1. Developer agrees to complete all improvement work
in accordance with plans and specifications approved by the Public
Works Director, including all improvements required by the Muni-
cipal Code which were not specifically waived by the Planning Com-
mission or City Council in approving the development, plus any
additional improvements required by the Planning Commission or
City Council as a condition of approving the development under
Use Permit No. 1355.- The conditions imposed by the Planning
Commission or City Council are attached hereto, marked Exhibit "A"
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and made a part hereof as .though fully set forth. Developer
agrees to complete Phase I of said improvements as set forth
in condition #9 within a period of 12 months from the date
hereof, and to complete Phase II of said improvements as set
forth in condition #9 within a period of 36 months from the'`
hereof.;
2. Said improvements shall be completed to the satis -k
faction of the City Engineer of City, and Developer shall pay the
costs of inspection of said work in accordance with the established
schedule of charges for inspection heretofore adopted and on file
in the Director of Public Works' office.
3. If Developer shall fail to complete said improve-
ments within the period set out above, City may resort to any
security deposited by Developer in accordance with the bonds
executed this date to assure full and faithful performance of
the work of construction of said improvements or call upon the
surety for Developer to pay for said improvements or to supply
the money for the completion of said improvements in accordance
with this contract and the provisions of the Newport Beach Muni-
cipal Code. Developer shall also be responsible for said improve-
ments and the cost thereof.
4. The time within which said improvements must be
completed, as set out in paragraph 1 hereof, may be extended by
the City Council upon the request of Developer when the City
Council determines that circumstances justify an extension of
time.
5. Developer shall file with this agreement with City
a bond or other security in an amount equal to the Director of
Public Works' estimate of the cost of said improvements and the
amount of inspection fees which are not covered by any deposit
made by the Developer for said fees, the purpose of which shall
be to assure full and faithful performance by Developer of the
2.
1.. .!r v.. �L4`�����aae:•�' �'..M '.��i. w'2 ..... '._��5�`... AFC '. ... •. lFi1r %]: Y. '.t S.
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work of construction of said improvements and payment to Ci of•
said inspection charges.. x °w
6. Developer agrees to naemify and hold harmless
City and its officers, agents and employees from all demands,
claims, losses or liability= °on account gf ieOry or damage to
persons or property suffered or claimed to be suffered in, on or
around the development by any person as a result of any act or
omission by Developer or his agents or employees between the date
Developer begins work on the development and the date the improve-
ments are completed and accepted by City.
IN WITNESS WHEREOF, Developer has executed this
agreement and the City of Newport Beach has caused its corporate
name and seal to be affixed by its Mayor and City Clerk thereunto
duly authorized as of the day and year first. above written.
NEWPORTER HOTEL CORP.
By
By
DEVELOPER
CITY OF NEWPORT BEACH
Mayor
24 Approved as to sufficiency:
25 .By
26 qty Manager
27 Approved as to form:
28 1 'J % l0 J ..
29 City Attorney,
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31II
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3.
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STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE 1
On Rif LWJ1L'V � b T h l %' /(p� before me, the undersigned, a Notary Public
in andT said County and State, personally appeared Richard R. Flinn,
known to me to be the President, and Amy Jo Hafford, known to me to be the
Secretary of THE NEWPORTER HOTEL CORP., the Corporation that executed the
within instrument, known to me to be the persons who executed the within
instrument, on behalf of the Corporation herein named, and acknowledged to
me that such corporation executed the same pursuant to its bylaws or a
resolution of its board of directors.
WITNESS my hand and official seal.
Notary Public in and for said
SILVIA LARDNER County and State
I NOTARY PUBLIC - CALIFORNIA
:> PRINCIPAL OFFICE IN
ORANGE COUNTY
MY COMMISSION EXPIRES AUGUST 25, 1970
4.
TLWsa�r
1d {1k /68 (8)
21 A RESOLUTIOF OF 10 CITY COUNCIL OF THE CITY
OF NEWPORT BEACH MMORIZING THE EXECUTION OF
3 AN AGREEMENT WITii NEWPOEi'k3Z 9ML CORP.
4 MENTS IN ACCORDANCE USE PE&aT�1355 .
5!
6; WHEREAS, there has been presented to the City Council
7 of the City of Newport Beach, an agreement in which the
8 Newporter Hotel Corp., developer, agrees to construct street and
9 other public improvements within the City of Newport Beach to be
10 known as the NEWPORTBR INN - Additions in accordance-with the
11 terms and conditions of Use Permit No. 1355; and
12 WHEREAS, developer has furnished security to assure the
13 faithful performance under said agreement in accordance with the
14 Newport Beach Municipal Code; and
15 WHEIOSA&, the City Council has reviewed said agreement
16 and found the same to be fair and equitable and in accordance
17 with the provisions of the Code;
18 NOW, THEREFORE, BE IT RESOLVED that the Mayor and City
19 Clerk be and are hereby authorised and directed to execute the
20 same on behalf of the City of Newport Beach at such time as said
21 security is approved by the City Manager as to sufficiency and
22 the City Attorney as to form.
23 ADOPTED this � rti day of October, 1968.
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ATTEST.
City Clerk
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�6y
• 60nd No. sc 6180695
Premium: 1=174ded in Performanc
8pnd
CITY OF NEWPORT BEACH
DEVELOPMENT LABOR AND MATERIALS BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, NEWPORTER HOTEL CORP., as principal, and
TiTREKAxtS 7191) rNmm xeg comPANV , as
surety, are held and firmly bound unto the City of Newport Beach
and to all persons as hereinafter provided in the sum of Thirty
Five Thousand Dollars ($35,000), lawful money of the United
States, for which payment well and truly to be made, we bind
ourselves, jointly and severally,.firmly by these presents.
The condition of the obligation is such that, whereas
said principal has entered into or is about to enter into a
development agreement with the City of Newport Beach, pureuas"
to the Newport Beach Municipal Code, in which said :principal
agrees to construct improvements in accordance with:.the terms
and conditions of Use Permit No. 1355 in said City, as follows:
Pavement widening, curb, and street lighting to be provided
along Back Bay Drive adjacent to the property; and sidewalk
be constructed along the full length of 4oth the Jamboree Road
and Back Bay Drive frontages; as required by the Municipal Code
and as a condition of the approval of said.dev.elopment the
principal is required by the City to furnish &.labor and
materials bond as herein provided;
Now, therefore, if said principal or any contractor
or subcontractor fails to pay for any materials, provisions, or
rented equipment used in, upon or for or about the construction
of the public improvements or performance of the work to be done,
or for any work or labor done of any kind, in or on such improve-
ments, or for amounts due under the Unemployment Insurance Code
with respect to such work or labor, said surety will pay the
same in an amount not exceeding the sum set forth.,#"ye, and in
addition the surety agrees to pay reasonable attorneys' fees to
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k5 ez::
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the 'City in the event that it becomes necessary to bring an
action to enforce this bond.
This bond shall inure to the benefit of the contractor,
his subcontractors and to persons renting equipment or furnishing
labor or materials to them for the improvements.
The said surety for value received hereby stipulates and
agrees that no amendment, change, extension of time, alteration or
addition to said contract or agreement or of any item or feature
or item or items of performance required therein or thereunder
shall in any manner affect its obligations on or under this bond;
and said surety does hereby waive notice of any such amendment,
change, extension of time, alteration or addition to said contract
or agreement and of any feature or item or items of performance
therein or thereunder.
In the event that any principal above named executed
the development agreement hereinabove referred to as an individual,
it is agreed that the death of any such principal shall not
exonerate the surety from its obligations under this bond.
WITNESS our hands this IkWj day of
1968.
NEWPORTER HOTEL CORP.
J By � �� �� �V-
By
Approved as to sufficiency:
i y manager
Approved
as
to
form:
wll�
4z���
4�0�.
City
--
AttOrner
2.
FIFMANt8 MD INSURAN6 COMPANY
Surety
S/i E
BY: _
W. E. SMITH - ATTORNEICw= -FACT
0 0
NOTARIAL ACKNOWLEDGMENT — ATTORNEY IN FACT
STATE OF CALIFORNIA On this ---------- 18TH ----- ------ . -day of --- ....------- � ---------------- , 19_ba ._, before
.County of /S. S. me, -------- .-- .`-------- - --- G3=1WF_.MA...'.- - -- ---- a Notary Public in and for
ORANGE said._..... ....._......County, State aforesaid, ;gsiding therein, duly commis-
sioned and sworn, personally appeared - --.-_- -- -.-.-. - -_ -- .-.--.. - - -- _ ................
known to me to be the person whose name is subscribed to the within instrument as the
attorney in fact of
i GERIP.UDE M. MATHEWS
�' 5'• NOTARY PJ62!C -C AIi ::31JIA
�M�•.r�•'�►N���et�N�ltt a• ;..�.
360042 -5-65
FIREMAN'S FUND INSURANCE COMPANY
and acknowledged to me that he subscribed the name of FIREMAN'S FUND
INSURANCE COMPANY thereto as principal, and his own as attorney in fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offigiaallNsGaI
at my office in the said ....................... .........................County ......... ....... ...............................
the day and year in this certificate fir bove written.
. ... ............:.................. .
v � ORANGE
Notary Public in and for the ................... .........................County of..................... .................
State of California.
My commission expires ....................... ..._................._...:. ..........
171y��Gommluion tapiret Sept. i, 196��
STATE OF CALIFORNIA )
ss,
COUNTY OF ORANGE ) L
On 1 O ✓ is, I before me, the undersigned, a Notary Public
in andTfor said County and State, personally appeared Richard R. Flinn,
known to me to be the President, and Amy Jo Hafford, known to me to be the
Secretary of THE NEWPORTER HOTEL CORP., the Corporation that executed the
within instrument, known to me to be the persons who executed the within
instrument, on behalf of the Corporation herein named, and acknowledged to
me that such corporation executed the same pursuant to its bylaws or a
resolution of its board of directors.
WITNESS my hand and official seal
t;!-v=LARDNER 16 ETA 'I RNIA . :: N 1970
i
3.
Notary Public in and for said
County and State
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• `Bond No. SC 6180695
Premium: $525.00
CITY OF NEWPORT BEACH
DEVELQM6NT FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, NEWPORTER HOTEL CORP., as principal, and
surety, are held and firmly bound unto the City of Newport
Beach, California, in the sum of Thirty Five Thousand Dollars
($35,000), lawful money of the United States,, for the payment
of which sum well and truly to be made, we bind ourselves
jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that
whereas said principal entered into or is about to enter into a
development agreement with the City of Newport Beach, pursuant
to the Newport Beach Municipal Code and any amendments thereto
and in accordance with the terms and conditions of Use Permit
No. 1355, in which said principal agrees to construct improve-
ments under Use Permit No. 1355 in said City, as follows:
Pavement widening, curb, and street lighting to be provided .,..
along Back Bay Drive adjacent to the property; and sidewalk to
be constructed along the full length of both the Jamboree Road
and Back Bay Drive frontages; as required by the Municipal Code
and as conditions of approving said development and is required
by said City to.give a bond to guarantee performance of said
contract;
Now, therefore, if the said principal or any contractor
or subcontractor shall well and truly do and perform all the
covenants and obligations of said contract on its part to be
done and performed at the time and in the manner specified
therein, then this obligation shall be null and void, other-
wise it shall be and remain in full force and effect and, in
addition, surety agrees to pay reasonable attorneys' fees to
the City in the event that it becomes necessary to bring an action
to enforce this bond. ''",
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• `Bond No. SC 6180695
Premium: $525.00
CITY OF NEWPORT BEACH
DEVELQM6NT FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, NEWPORTER HOTEL CORP., as principal, and
surety, are held and firmly bound unto the City of Newport
Beach, California, in the sum of Thirty Five Thousand Dollars
($35,000), lawful money of the United States,, for the payment
of which sum well and truly to be made, we bind ourselves
jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that
whereas said principal entered into or is about to enter into a
development agreement with the City of Newport Beach, pursuant
to the Newport Beach Municipal Code and any amendments thereto
and in accordance with the terms and conditions of Use Permit
No. 1355, in which said principal agrees to construct improve-
ments under Use Permit No. 1355 in said City, as follows:
Pavement widening, curb, and street lighting to be provided .,..
along Back Bay Drive adjacent to the property; and sidewalk to
be constructed along the full length of both the Jamboree Road
and Back Bay Drive frontages; as required by the Municipal Code
and as conditions of approving said development and is required
by said City to.give a bond to guarantee performance of said
contract;
Now, therefore, if the said principal or any contractor
or subcontractor shall well and truly do and perform all the
covenants and obligations of said contract on its part to be
done and performed at the time and in the manner specified
therein, then this obligation shall be null and void, other-
wise it shall be and remain in full force and effect and, in
addition, surety agrees to pay reasonable attorneys' fees to
the City in the event that it becomes necessary to bring an action
to enforce this bond. ''",
�� Y y
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The said surety for value received hereby stipulates
and agrees that no amendment y.�:g Inge, extension of time, alteration
or addition to said contract or agreement or of any item or
feature or item or items of performance required therein or
thereunder shall in any manner affect its obligations on or
under this bond; and said aety does hereby waive notice of
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any such amendment, change, extension of time, alteration or
addition to said contract or agreement and of any feature or
item or items of performance therein or thereunder.
In the event that any principal above named executed
the development agreement hereinabove referred to as an individual,
it is agreed that the death of any such principal shall not
exonerate the surety from its obligations under this bond.
WITNESS our hands this 1 -6 day of
1968.
Approved as to sufficiency:
City Manager
NEWPORTER HOTEL CORP.
By
XEREI1AlY'S YM 33111#515MCE MOANX. Surety
Approved as to form: W. E. SMITH - ATPOi3iW -ug -MM
City Attorney
STATE OF CALIFORNIA ) S5
COUNTY OF ORANGE
On before me, the undersigned, a Notary Public in and
for said County and State, personally.appeared RICHARD R. FLINN, known to me to
be the President, and AMY JO HAFFORD, known to me to be the Secretary of THE
NEWPORTER HOTEL CORP., the Corporation that executed the within instrument,
known to me to be the persons who executed the within instrument, on behalf of
the Corporation herein named, and acknowledged to me that such corporation
executed the same pursuant to its bylaws or a resolution .of its board of
directors.
WITNESS my hand and official seal. < I
�I SILvIALARDNeh OT Notary ublic in and for said Count &State
NARY PUBLIC CALIFORNIA q Y Y
' Pk INp 2 PAL OFFICE IN .
ORANGE COUNTY
MY COMMISSION EXPIREfi AUGUST 25- 197p
r
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i
NOTARIAL ACKNOWLEDGMENT — ATTORNEY IN FACT
STATE OF CALIFORNIA On this ------------- 18TH_. ....._..day of... -.. ._SEPTEMBER ................. _..._. -., 18._68 before
County of S. s. me, ------- ----- - - - - -P sEBTIRIM-M...MATjM - -- __ .............. a Notary Public in and for
said ._.- __...__- _- _ - ----- --------------- __ ---- County, State aforesaid, residing therein, duly commis -
- - - - -- sioned and sworn, personally appeared .---- ------------- . ___- ..w...E._.��1T - - ------------------------
known to me to be the person whose name is subscribed to the within instrument as the
attorney in fact of
- GERTRUDE M. MATHEWS
m. IR NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN �
♦ �}�st♦♦�►��� ORANGE C LUP,ff
♦ ♦.f6W4��'0.7 ♦ ♦ ♦ ♦•H ♦H ♦ ♦ ♦• ♦ ♦�
FIREMAN'S FUND INSURANCE COMPANY
and acknowledged to me that he subscribed the name of FIREMAN'S FUND
INSURANCE COMPANY thereto as principal, and his own as attorney in fact.
IN WITNESS WHEREOF, I have hereunto set my hand and axed my official seal,
at my office in the said - _...------------ ... .... .__ __.. ... .County of. ...._.. ORAN GE
the day and year in this certificate fir rboye written.
ORANGE
Notary Public in and for the --------- .. . ...... ....._ .._..County of --------- -_ __......_.
State of California. GERTRII�E M. MATHEWS
My commission expires ------------ My Commission_ 9.44 .......... -.. _..
I
It
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•i,a No. sc 618o694
Premium: $480.00
CITY OF �iEFrP BEACH
DEVELOPMENT FAIT � `PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, NEWPORTER HOTEL CORP., as principal, and
FIROW'S FUND INSUFANCE !MANY ^, as
surety, are held and firm hound unto the City of Newport,.
Beach, California, in the sum of Thirty Two Thousand Dollars
($32,000), lawful money of the United States, for the payment
of which sum well and truly.to be made, we bind ourselves
jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such
that whereas said principal entered into or is about to enter
into a development agreement with the City of Newport Beach,
pursuant to the Newport Beach Municipal Code and any amendments
thereto and in accordance with the terms and conditions of Use
Permit No..1355, in which said principal agrees to construct
improvements under Use Permit No, 1355 in said City, as follows:
Pavement widening, curb, and street lighting to be provided
along the entire frontage of Jamboree Road including the curb
return at Back Bay Drive. The right -of -way of Back Bay Drive
shall be graded to its ultimate grade; as required by the
Municipal Code and as conditions of approving said development
and is required by said City to give a bond to guarantee per-
formance of said contract;
Now, therefore, if the said principal or any contractor
or subcontractor shall well and truly do and perform all the.
covenants and obligations of said contract o'n its part to be
done and performed at the.time and.in the manner specified
therein, then this obligation shall be null and void, other-
wise it shall be and remain in full force.and. effect and, in
addition, surety agrees to pay reasonable attorneys' fees to the
City in the event that it becomes necessary to bring an action
to enforce this bond.
NOTARIAL ACKNOWLEDGMENT-ATTORNEY IN PACT
e STATE OF CALIFORNIA On this._..._.. 18TH ------ . ------- day of -------------- B^EP'1IMER ......... ........... 19 --- 68..... before
- .--------------------------------- ----------- .County of S. S. me: -------- GIOU IDEAL--. 14iTIIM - .............. :.._ ............... ...... , a Notary Public in and for
J`
said ._ --------------- -------------- ------------ -.. .... County, State aforesaid, residing therein, duly commis -
sioned and sworn, personally appeared .._...-. ----.._._.�A1 .p...-e�� --'-----------------..__---
known to me to be the person whose name is subseiiEecPio `PA@ in instrument as the
attorney in fact of
GERTRUDE M. MATHEWS
A; NOTARY PUBLIC - CALIFORNIA
P61 ?.GPAI UF:WE IN
360042 -5-65
FIREMAN'S FUND INSURANCE COMPANY
and acknowledged to me that he subscribed the name of FIREMAN'S FUND
INSURANCE COMPANY thereto as principal, and his own as attorney in fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my. official seal,
at my office in the said _ ....... __ ....... .._.._......_...- ...County of..._..- ...................ARANGE.._....-
the day and year in this certificate above written,
.. ..... -------.... _...- G_._.._....a.. ...
Notary Public in and for
State of California.
of ...... - '- QRANGR - --- --
My commission expires._ ----- ...... GERiR, UQ -E__M_..MATHEWS---------- _- - - - - -- _ - --
My Commission Expires Sept. 2, 1969
1 The said surety ,J�pr vg' `received hereby stipulates
2 and agrees that no amendment:: `nge, extension of time, alter-
31 ation or addition to said contract or agreement or of any item
4 or feature or item or items of performance required therein or
5 thereunder shall in any man mer affect its obligations on or
6 under this bond; and said surety does hereby waive notice of
a:
7 any such amendment, change, extension of time, alteration or
8 addition to said contract or agreement and of any feature or
9 item or items of performance therein or thereunder.
10 In the event that any principal above named executed
11 the development agreement hereinabove referred to as an individual,
7.2 it is agreed that the death of any such principal shall not
13 exonerate the surety from its obligations under this bond. 4
14 WITNESS our hands this lb ��� day of tt
15 1968.
16 NEWPORTER HOTEL CORP.
Y7
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Approved as to sufficiency:
✓" By
By
iY Surety
�G:Lty anager
BY
Approved as to form: W. E. SMITH - ATT0FM- .jK- T?ACT'. -`
i
ClEy Attorney"
STATE OF CALIFORNPA
COUNTY OF ORANGE )
On ""Vt iLU I 1416 ( before me, the undersigned, a Notary Public in and for said
Countly and State, personally appeared RICHARD R. FLINN, known to me to be the
President, and AMY JO HAFFORD, known to me to be the Secretary of THE NEWPORTER
HOTEL CORP., the Corporation that executed the within instrument, known to me to
be the persons who executed the within instrument, on behalf of the Corporation
herein named, and acknowledged to me that such corporation executed the same
pursuant to its bylaws or a resolution of its board of directors.
WITNESS my hand and official seal.
SILVIA LA, L
b NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
MY CCMMISSION EXPIRES AUGUST 2S 1970
Notary Public in and for said County C State
2.
a:�...��m " }.- ?..Ede•• ::.:e_e.. - .;.•'�''
• . .fir � •� it
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3619
• d No. sC 618069+
emium: Included in Performance
Bond
f.
CITY OF NEWPORT BEACH
DEVELOPMENT' LABOR AND MATERIALS BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, NEWPORTER BIB$L CORP., as principal, and
FIREMAN'S FUND INSURANCE COMPANY as
surety, are held and firmly bound unto the City of Newport
Beach and to all persons as hereinafter provided in the sum
of Thirty Two Thousand Dollars ($32,000), lawful money of the
United States, for which payment well, and truly to be made, we
bind ourselves, jointly and severally, firmly by these presents.
The condition of the obligation," such that, whereas
said principal has entered into or is about to enter into a
development agreement with the City of Newport Beach, pursuant
to the Newport Beach Municipal Code, in which said principal
agrees to construct improvements in accordance with the terms
and conditions of Use Permit No. 1355 in said City, -as follows:
Pavement widening, curb, and street lighting to be provided
along the entire frontage of Jamboree Roepd.including -the curb
return at Back Bay Drive. The right -of -way af.Back'Bj*, Drive
shall be graded to its ultimate grade; as required by the
Municipal Code and as a condition of the approval of said
development the principal is required by the City to furnish
a labor and materials bond as herein provided;
Now, therefore, if said principal or any co=ractor
or subcontractor fails to pay for any materials, provisions;::= "r;.....
or rented equipment used in, upon or for or about the construction
of the public improvements or performance of the work to be done,
or for any work or labor done of any kind, in or on such improve-
ments, or for amounts due under the Unemployment Insurance Code
with respect to such work or labor, said surety will pay the same
in an amount not exceeding the sum set forth above, and in
addition the::snrety agrees to pay reasonable attorneys' fees to
32
3619
• d No. sC 618069+
emium: Included in Performance
Bond
f.
CITY OF NEWPORT BEACH
DEVELOPMENT' LABOR AND MATERIALS BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, NEWPORTER BIB$L CORP., as principal, and
FIREMAN'S FUND INSURANCE COMPANY as
surety, are held and firmly bound unto the City of Newport
Beach and to all persons as hereinafter provided in the sum
of Thirty Two Thousand Dollars ($32,000), lawful money of the
United States, for which payment well, and truly to be made, we
bind ourselves, jointly and severally, firmly by these presents.
The condition of the obligation," such that, whereas
said principal has entered into or is about to enter into a
development agreement with the City of Newport Beach, pursuant
to the Newport Beach Municipal Code, in which said principal
agrees to construct improvements in accordance with the terms
and conditions of Use Permit No. 1355 in said City, -as follows:
Pavement widening, curb, and street lighting to be provided
along the entire frontage of Jamboree Roepd.including -the curb
return at Back Bay Drive. The right -of -way af.Back'Bj*, Drive
shall be graded to its ultimate grade; as required by the
Municipal Code and as a condition of the approval of said
development the principal is required by the City to furnish
a labor and materials bond as herein provided;
Now, therefore, if said principal or any co=ractor
or subcontractor fails to pay for any materials, provisions;::= "r;.....
or rented equipment used in, upon or for or about the construction
of the public improvements or performance of the work to be done,
or for any work or labor done of any kind, in or on such improve-
ments, or for amounts due under the Unemployment Insurance Code
with respect to such work or labor, said surety will pay the same
in an amount not exceeding the sum set forth above, and in
addition the::snrety agrees to pay reasonable attorneys' fees to
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1 the City in the event that it becomes necessary to bring an
2 action to enforce this bond.
3 This bond shall inure to the benefit of the contractor,
4 his subcontractors and to persons renting equipment or furnish -
5 ing labor or materials to-:them for the improvements.
6 The said surety for value received hereby stipulates
7 and agrees that no amendment, change, extension of time, alter -
8 ation or addition to said contract or agreement or of any item
9 or feature or item or items of performance required therein or
10 thereunder shall in any manner affect its obligations "on or under
11 this bond; and said surety does hereby waive notice of any such
12 amendment, change, extension of time, alteration or addition to
13 said contract or agreement and of any feature or item or items
14 of performance therein or thereunder.
15 In the event that any principal above named executed
16 the development agreement hereinabove referred to as an individual,
17 it is agreed that the death of any such principal shall not
18 exonerate the surety from its obligations under this bond.
19
WITNESS our hands this /il day of �y,_
20 1968.
2111 NEWPORTER HOTEL CORP.
22 /.
By
24 By ..
25
26
27 Approved as (tot 'sufficiency:
28e iY `��
29 city Manager
30 Approved as to form:
31 iwo
32I ,ugf ty Attorne
2.
By
FIRIDMIS FM INSUBUCE COMNiliC 'Surety...
BI:
W. E. SMITR - ATTORM- 3R-FAM
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NOTARIAL ACKNOWLEDGMENT - ATTORNEY IN FACT
STATE OF CALIFORNIA On this -------- 18'J,'$ ... . . . . .. ........day of ....... SEP TIMER --------------------- ---- ., 19._68..., before
County _JS. S. me- --- - - - -- ----GF Id111F.- j4 «. Mi TFIEWS-"'-`--•-- ------ ---- a Notary Public in and for
ORANGE said ._ -------------------- .------------ . -------- _ ------ County, State aforesaid, residing therein, duly commis-
....----------- --------- ---- -"-
----------------- sioned and sworn, personally appeared ..............___._..yy��// .0 ��}T �j .- ....'-...-....
known to me to be the person whose name is subscri6isa tb AA4 -E1I1n instrument as the
attorney in fact of
FIREMAN'S FUND INSURANCE COMPANY
and acknowledged to me that he subscribed the name of FIREMAN'S FUND
INSURANCE COMPANY thereto as principal, and his own as attorney in fact.
•H ♦HNH••H • ♦•H N•N•• ♦••♦
•
• 4, GERTRUDE M. MATHEWS
NOTARY PUBLIC - CALIFORNIA
• S -!
• i PRMCIDAI OFFICE IN •
►••�. ORAwG; C..U:.'IY
360042 -5-65
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,
at my office in the said...- - -- ---------- ----------- ._._.... ..... .county o .................ORANGE.
the day and year in this certificate rst above written.
Notary Public in and for
State of California.
GERTRUDE M. MATHEWS
My commission expires ...--'-- ------' - - -------- "- ----------- ---- ---- --- --- - ----- -- - - ----
My Commisson Expires Sept. 2, 1969
GE
.._.County of------ .___ - -_ TM
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On /BSIlWp . before me. the undersigned. a Notary Public
in and tfor said County and State, personally appeared Richard R. Flinn,
known to me to be the President, and Amy Jo Hafford, known to me to be the
Secretary of THE NEWPORTER HOTEL CORP., the Corporation that executed the
within instrument, known to me to be the persons who executed the within
instrument, on behalf of the Corporation herein named, and acknowledged to
me that such corporation executed the same pursuant to its bylaws or a
resolution of its board of directors.
WITNESS my hand and official seal.
Notary Public in and for said
S�VIA LARDNER County and State
�" v .i NOTARY PUBLIC - CALIFORNIA
�I �E:rm't;' PR IIJCIPAL OFFICE IN
+� ���:. ORANGE CCUNTY
. MY C!''M. \A,SSION EXPIRES AUGUST 25, 1970
w
3
0
TO: Public Works Department
FROM: City Clerk
E
Date October 14, 1968
SUBJECT: Contract No. 3101
Project Newport re Inn Im roverents - U.P. 1355
Attached is signed copy of subject contract for transmittal to the contractor.
IIEVELOPER
7omtor: Newporter Hotel Corporation
Address: 1107 Jamboree Road - Newport Beach
Amount: $ 32,000
Effective Date: September 18, 1968
Resolution No. 6876
JaAA-�� �T o
Laura Lagio
LL:dg
Att.
cc: Finance Department IM
0 e° -// y/
October 7, 1968
TO: CITY COUNCIL G /
FROM: Public Works Department
SUBJECT: NEWPORTER INN DEVELOPMENT, JAMBOREE ROAD AT BACK BAY DRIVE - USE PERMIT 1355
RECOMMENDATION:
Adopt a resolution authorizing the Mayor and City Clerk to execute an
agreement guaranteeing completion of public improvements in connection
with Use Permit 1355.
DISCUSSION:
On June 20, 1968 the Planning Commission approved Use Permit 1355 for additional
construction at the Newporter Inn contingent upon completion of the public improvements
on Jamboree Road and on Back Bay Drive. These improvements will be constructed in two
phases, Phase I consists of the construction of street widening, curb, and street lighting
on the Jamboree Road frontage. Phase II consists of the construction of street widening,
curb, and street lighting on the Back Bay Drive frontage; and sidewalk construction on
both Jamboree Road and Back Bay Drive. The term of the agreement is one year for Phase I
and three years for Phase II.
The estimated cost of the public improvements is $64,000 for Phase I and $70,000
for Phase II, Bonds in the amount of 50% of the estimated cost have been executed by the
developer.
COUNCIL:
ILE: /a
(-Z( .,p 13.sv
oseph Devlin
ublic rks Director
..
3LY
CITY OF NEWPORT BEACH •
CITY ATTORNEY
DEPARTMENT
To: City Clerk
From: City Attorney
September 25, 1968
Subject: Agreement and Surety for Use Permit 1355 -
Newporter Hotel Corp., Developer
G --
Forwarded is a resolution which, if adopted by the
City Council, will authorize the execution of an
agreement with the Newporter Hotel Corp. for the
construction of street and other public improvements
within the City of Newport Beach to be known as the
NEWPORTER INN - Additions in accordance with the terms
and conditions of Use Permit No. 1355, approved by the
City of Newport Beach on June 20, 1968, upon approval
of the security by the City Manager as to sufficiency
and the City Attorney as to form.
Tully H. Seymour
City Attorney
By
"Thomas L. Woodrutt
Assistant City Attorney
TLW:a* r
Attachments
cc - City Manager
Public Works Director
2
E
3(e 9
TO: (1) CITY ATTORNEY
(2) CITY MANAGER
(3) CITY CLERK
FROM: Assistant Public Works Director
SUBJECT: AGREEMENT AND SURETY FOR USE PERMIT 1355
Attached are the following:
1. Original and �yldreopies each of:d $ dddi�rididd/ dC�r`ddd�ddx( /af /$�(da(i�lid9dd
6a�Yt!�/1dY /9'ddYd�a�ddd /dddd /ddd /$�(ddi'yYdidvt /ka(dd� /af dd /D1dYd►�ia(Td /�ddd ,
a. Agreement
b. Phase I Faithful Performance Bond
c. Phase I Labor & Materials Bond
d. Phase II Faithful Performance Bond
e. Phase II Labor & Materials Bond
The Public Works Department has reviewed the Agreement and Bonds and has found
them to be in order and sufficient to cover the cost of the required improve-
ments. A check in the amount of $1935, (I/ (jV/tV9V) (will be) deposited to
cover the cost of inspection fees and pan checking.
Action Requested:
1, City Attorney
ao Approve Agreement and Bonds as to form. (Please Advise Public Works if ok.)
b. Forward all copies to City Manager.
c. Prepare resolution authorizing Mayor and City Clerk
to execute agreement.
2. City Manager
a. Approve Agreement and Bonds as to sufficiency.
b. Forward all copies to the City Clerk.
3. City Clerk
a. Present Agreement to City Council for approval.
b. Have Mayor execute the Agreement.
c. Retain original of Agreement and Bonds for your files and
return all copies to Public Works Department.
e amen B. Nolan
Assistant Public Works Director t
BBN /HTC /meh
Atts:
. 1
OCITY OF NEWPORT BEAI-I
Minutes of: Regular Meeting of Planning,Commission
Date: June 20, 1968
Time: 8:00 P.M.
Place: Council Chambers
ROLL CALL Commissioners Present
EX -OFFI CI MEMBERS
F
I MINUTES
1,
UP -1355
APPROVED
Present:., Ernest Mayer, Jr., Planning Direc
Thomas L. Woodruff, Asst. City At
Benjamin B:, Nolan, City Engineer
Present: Willis C. Warner
Helen Herrmann
The minutes of the meeting of June 6, 1968 wer
approved.on motion of Commissioner Clemente,
seconded by Commissioner Jakosky, and carried.
Continued from meetings of April 21, May 16
and June 6, 1968•)
NEWPORTER HOTEL CORP. 1107 Jamboree Road
Por. of Block 55 Irvine's Subdivision
Zone Unclassified
Applicant requests approval to construct 118
additional hotel units and appurtenances.
The application was approved, subject to the
following conditions:
1. Completed working drawings for all
construction in substantial compli-
ance with the approved preliminary
plans and elevations, including
landscaping,.irrigation, grading and
drainage plans to be submitted to
and approved by the Planning Depart -
ment within one year of the approval
date. Otherwise ,a new.application
shal•1 be filed.
2. That the parking,lot be paved and
striped in compliance with the park-
ing lot standards approved by.the
City Council..
3. A landscaped strip not less than 6
feet wide shall be installed along
Jamboree Road and Back Bay Drive to
screen the parking lot., Plants shall
Page 1.
36y
COMMISSIONERS
Motion
Second
All Aye
x
xix
4�ITY OF NEWPORT BEAV
June 20, 1968
COMMISSIONERS
�av
be kept trimmed to a height of 30"
within 35 feet of driveways and
street intersections.
4. Not less than approximately 5% of
the parking lot southerly of the
existing and proposed buildings shall
be devoted to landscaping in addition
to the 6 foot strip along the streets.
Planting islands shall be provided
at each end of each parking bay and
all landscaping shall be well dis-
persed throughout the parking area.
The final plans for landscaping and
the irrigation system shall be
approved by.the Planning Director
prior to issuance of a building
permit,
5. Six inch high concrete curbs shall
be installed.to separate all plant-
ing areas from vehicular paving. .,
6. All planting areas shall be provided
with,an underground irrigation system.
7. All building,.landscaping and parking
area direct illumination shall be
confined to the premises.
8. All provisions for drainage shall be
approved by the City Engineer.
9. Street improvements adjacent to the
property shall be completed in the
following fashion:
Phase I. Pavement widening, curb,
and street lighting to be
provided along the entire
frontage of, Jamboree Road
including the curb return
at Back Bay Drive. The
right -of =way of Back Bay
Drive shall be graded to
its ultimate grade.
Phase II. Pavement widening, curb,.
and street lighting to be
provided along Back Bay
Drive adjacent to the
Page 2'. .
CITY OF NEWPORT BEVH
June 20, 1968
COMMISSIONERS
0
><om o+
N J• tD N N
property; and sidewalk to
be constructed along the
full length of both the
Jamboree Road and Back Bay
Drive frontages.
10. Surety and agreements satisfactory to
the City Engineer shall be provided
to guarantee completion of the public
improvements, and a standard inspec-
tion fee to be paid. The term of
the agreement for utility construc-
tion and for Phase I street improve-
ments shall be one year, and the
term of the agreement for Phase II
street improvements may be up to
three years.
11. The street improvement plans shall
be prepared on standard size sheets
by a licensed Civil Engineer.
12. The Plann_ing.Commission shall reserve
the right, without necessity of
further public hearings, to make
minor modifications of any of the
foregoing conditions, if such modifi-
cations will achieve substantially
the same results and will in no way
be detrimental to adjacent properties
and-improvements.
13.. All new power and communication
utilities shall be installed under-
ground.
14. A plan of:existing and proposed water
and sewer utilities shall be prepared
and.approved by the Public Works
Department.
15. Water lines shall be extended so as
to provide adequate domestic service
and also adequate fire protection
service in accordance with Fire
Department and Board of Fire Under-
writers recommendations,.
16. Access rights to Jamboree Road.shall
be dedicated to the City except where
site plan approved by the City.
A parcel map shall be filed.