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HomeMy WebLinkAboutC-1566 - Street maintenance agreement, City streets in Lido Village'W► ace MAR 8lc' By fhs CITY CC. TY taP blew °�, 0 TO: CITY COUNCIL FROM: Public Works Department March 8, 1976 CITY COUNCIL AGENDA ITEM NO. H -11 SUBJECT: ACCEPTANCE OF PUBLIC IMPROVEMENTS IN CONJUNCTION WITH THE LIDO VILLAGE DEVELOPMENT (USE PERMIT NO. 1636) LOCATION: Via Oporto from Via Lido to Central Avenue (See Attached Sketch) DEVELOPER: Don Koll Company, Incorporated RECOMMENDATIONS: 1. Accept the public improvements constructed with Use Permit No. 1636, subject to the provisions of an "Agreement and Declaration of Covenants Between Landowners" dated Septem- ber 5, 1973. 2. Authorize the City Clerk to release the surety for Faithful Performance (Bond No. 2428803). DISCUSSION: The public improvements constructed in conjunction with the Lido Village Development have been inspected and are now satisfactory for accep- tance. Acceptance has been delayed pending repairs to loose bricks. The Agreement and Declaration of Covenants Between Landowners was approved by Council on August 27, 1973, by Resolution No. 8075; and pro- vides that the Don Koll Co. is responsible for the maintenance of surface improvements on Via Oporto in the Lido Village Area. l ephl,T. Devlin lic ks Director id Att. p I I IV,6-IlVpol? 7- 31- VO - \{ �\ /MPRo AfEA17-,5' 7-0 BE ACCEPTED CITY OF NEWPORT BEACH DRAWN A4 EX7-,Tq DATE v16175 PUBLIC WORKS DEPARTMENT APPROVED .4CCEPr,41VC47 OF PUBLIC VORKS DIRECTOR F'1-181-10 IM54IR011,EMEWT-6 R.E. NO. /-/,00 V11- L.464=F DRAWING NO. 4XI-11B1r "A June 10, 1974 STUDY SESSION AGENDA ITEM NO. 11 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: OFF- STREET PARKING AREAS FOR LIDO SHOPS INTRODUCTION: At the Council meeting on May 28, 1974, the Council requested a staff report on the possibilities of off - street parking areas for the Lido Shops. DISCUSSION: The construction of the Lido Village area and parking structure is nearing completion. The parking structure is complete and should be put into full operation within the next week. This opening of the parking structure will result in displacement of those employees that cannot afford to pay the fees that will be charged and /or are not covered by agreements between the Don Koll Company and the various shop owners. I contacted Pat Harrison, President of the Lido Shops Association and she stated they would be interested in any help they could get to locate parking their employees could use. The staff has surveyed the immediate area and lists the following alternatives the Lido Shops Association could investigate to possibly arrange immediate parking relief for their employees. Vacant lot at southwest corner of Lafayette and 32nd Street. This lot is undeveloped and according to Mrs. Harrison will be available for their consideration until November. (This is the site of the proposed Lafayette Square office condomin- iums.) 2. Imperial Savings lot located at the southeast corner of 32nd Street and Villa Way. This property has recently been purchased by the Don Koll Company. 3. Assistance League of Newport Beach parking lot located on 30th Street between Newport Boulevard and Villa Way. This lot is currently not being used. 4. Private parking lot on 28th Street between the Newport Boulevard one way streets. The parking fee is $1.50 per day. 5. City parking lots on the west side of southbound Newport Boule- vard between 30th and 28th Streets. 6. Hoag Hospital temporary parking lot adjacent to Coast Highway. June 10, 1974 ' Subject: Off- Street Parking Areas for Lido Shops Page 2. The Hospital's lease with the State will terminate at the end of August 1974. 7. Vacant State owned lands adjacent to Old Newport Boulevard north of Coast Highway. 8. On- street parking is permitted on Old Newport Boulevard north of Coast Highway. Additional long range alternatives that might be considered to solve the problem are as follows: 1. Construct two additional levels to the existing parking structure. A representative of the Don Koll Company stated the structure was designed and built to accommodate two additional levels. However the current structure is at the maximum height permitted under the Municipal Code. 2. Sell or trade the excess right of way on 32nd Street adjacent to the Market Basket shopping area to be used for additional off - street parking. 3. Negotiate with the State Department of Transportation to acquire or lease the temporary Hoag Hospital parking lot adjacent to Coast Highway. Bill E. Darnell Traffic Engineer BED:hh City Council Meeting Agenda Item No CITY OF NEWPORT BEACH May 8, 1974 TO: City Council May 13, 1974 H -2 FROM: Department of Community Development SUBJECT: Proposed agreement between Imperial Savings and Loan Association, Donald M. Koll, and the City of Newport Beach, providing for a boardwalk and reasonable public access bayward of Parcels 1 and 2 of Resub- Division No. 433. Recommendation If desired, adopt resolution authorizing execution of the proposed boardwalk and public access agreement between Imperial Savings and Loan Association, Donald M. Koll, and the City of Newport Beach. Background At its meeting of February 21, 1974, the Planning Commission approved Resubdivision No. 433 of the Don Koll Company, subject to the five conditions of approval as set forth in the excerpt of the Planning Commission's minutes which is attached hereto. Resubdivision No. 433 is a proposal of the Don Koll Company to divide the exist- ing Imperial Savings and Loan Association facilities located at 3366 Via Lido into two parcels. Parcel 1 is the site of the existing five -story building which will be purchased by Don Koll. Parcel 2 is the existing two -story structure which will continue to be owned and maintained by Imperial Savings and Loan Associa- tion. Copies of the staff reports from the Planning Commission meetings of February 7 and 21, 1974, are also attached. Condition No. 5 of Resubdivision No. 433 provides: "That prior to recording the Parcel Map, the property owner shall furnish the City an agreement satisfactory to the Director of Community Development and the City Attorney guaranteeing the construction of a boardwalk for reasonable public access bayward of Parcel 2. Said boardwalk shall be constructed so as to provide a southerly extension of the boardwalk proposed for construction by the applicant bayward of Parcel 1 and shall be completed within one year following the record- ing of the Parcel Map." Pursuant to the above noted condition, a three -way agreement has been prepared and executed by Imperial Savings and Loan Association and Donald M. Koll. This agreement has been reviewed by the City Attorney and the Director of Community Development and found to comply with the requirements imposed by the Planning Commission. Execution of the agreement by the City is recommended. Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director n M sistant Director - Planning JDH /kk Att ch nts for Council Only: cerpt of Planning Commission Minutes dated 2/21/74 Staff Reports dated 2/7/74 and 2/21/74 0 COMMISSIONERS _ CITY OF NEWPORT BEACH � ^' Regular Planning Commission Meeting � P N T m f yi L ` Place: City Council Chambers P ,n Time: 3:30 P.M. i onn rAll T Gnf. r•.a r.. 91 107A MINUTES ,nvcn Present X X X * *Arrived at 7:00 P.M. Absent X E)- ICIO MEMBERS R. V. Hogan, mmunity Development Director David R. Baade, stant City Attorney Benjamin B. Nolan, C ngineer STAFF MEMBERS James D. Hewicker, Assistant Director -- Planning William R. Foley, Senior Planner Shirley L. Harbeck, Secretary Item A -1 Request to create two parcels of land where 7 lots and portions of 2 other lots now exist. RESUB- DrUS ON 433 Location: Lots 8 through 14 and portions of Lots 7 and 15, Tract 1622, located APPROVED at 3366 Via Lido, on the north- easterly side of Via Lido, south - CC DI- TTiNULLY easterly of Via Oporto, in the Lido Village Area. Zone: C -1 -11 Applicant: Don Koll Company, Newport Beach Owner: Imperial Savings and Loan Associa- tion, San Diego Engineer: Raub, Bein, Frost & Assoc., Newport Beach Community Development Director Hogan reviewed and clarified Condition No. 5 as recommended by the staff which will insure public access adjacent to the Bay by means of a boardwalk and walkway. Public hearing was opened in connection with this matter. Tim Strader, Vice President of Don Koll Company, appeared before the Planning Commission and concurred with the conditions as recommended by the staff. Page 1. COMMISSIONERS - CITY OF NEWPORT BEACH MINUTES Z A P ROLL CALL February 21, 1974 INDEX Planning Commission discussed the boardwalk and public access to the Bay. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Following discussion, motion was made to approve Ayes X X X X Resubdivision No. 433, subject to the following Absent X X X conditions: 1. That a Parcel Map be filed. 2. That prior to recording the Parcel Map the applicant shall furnish the City an agreement satisfactory to the Building Official and the City Attorney guaranteeing that all require- ments of the Uniform Building Code shall be met within six months following the recording of the Parcel Map. 3. That all existing on -site and building identi- fication signs of Imperial Savings and Loan Association on Parcel 1 shall be removed at such time as Imperial Savings and Loan Associa- tion no longer occupies or conducts a substan- tial portion of its business from the existing structure on Parcel 1. The size and location of all new signs on Parcels 1 and 2 shall con- form to the current requirements of the Sign Code. 4. That the pile supported boardwalk proposed for construction bayward of Parcel 1 and providing a southerly extension of the proposed 6 foot wide public walkway easement to the north shall be constructed as authorized by Harbor Permit No. 124 -3400. 5. That prior to recording the Parcel Map the property owner shall furnish the City an agreement satisfactory to the Director of Community Development and the City Attorney guaranteeing the construction of a boardwalk for reasonable public access bayward of Parcel 2. Said boardwalk shall be constructed so as to provide a southerly extension of the board- walk proposed for construction by the applican bayward of Parcel 1 and shall be completed within one year following the recording of the Parcel Map. Page 2. i TO: Planning Commission - 2. 5. That prior to recording the Parcel Map the property owner shall furnish the City an agreement satisfactory to the Director of Community Development and the City Attorney guaranteeing the construction of a boardwalk for reasonable public access bayward of Parcel 2. Said boardwalk shall be constructed so as to provide a southerly extension of the boardwalk proposed for construction by the applicant bayward of Parcel 1 and shall be completed within one year following the recording of the Parcel Map. The balance of the staff report dated February 1, 1974 is still applicable and is attached. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR By James D. Hewicker, Assistant Director - Planning JDH /sh Attachments: Staff Report dated February 1, 1974 with Vicinity Map Item No. A -1 A, Planning Commission Meeting Feb. 7, 1974 CITY OF NEWPORT BEACH February 1, 1974 Item No. A -3 TO: Planning Commission FROM: Department of Community Development SUBJECT: Resubdivision No. 433 (Public Hearing) Request to create two parcels of land where 7 lots and portions of 2 other lots now exist. LOCATION: Lots 8 through 14 and portions of Lots 7 and 15, Tract 1622, located at 3366 Via Lido, on the northeasterly side of Via Lido, southeasterly of Via Oporto, in the Lido Village Area. ZONE: C -1 -H APPLICANT: Don Koll Company, Newport Beach OWNER: Imperial Savings.and Loan Association, San Diego ENGINEER: Raub, Bein, Frost & Assoc., Newport Beach ADDlication This application requests approval of a resubdivision creating two sites where a single development now exits. Planning Commission procedures are outlined in Section 19.12.040 of the Newport Beach Municipal Code. Environmental Significance This project has been reviewed, and it has been determined that it will not have any significant environmental impact. Subject Property and Surrounding Land Use The Imperial Savings Building and a portion of its required parking spaces are located on the subject property at present. To the north, are commercial buildings within "Lido Village "; to the east, is Newport Bay; to the south, are commercial and residential uses; and to the south, across Via Lido, are commercial uses. Analysis and Recommendation The existing building on the site consists of a 5 story wing (with office space on the first thr2e floors, an employees cafeteria and kitchen on the fourth floor, and a glass screened "promenade deck" and equipment rooms on the fifth floor) and a two story wing with office and banking areas. The property owner intends to relocate all of its operations within the two story wing of the building, and sell the five story wing of the structure to the Don Koll Company. Therefore, a resubdivision is necessary. Parcel 1 has an area of 0.323 acres, and consists of the 5 story portion of the existing building and 20 parking spaces. Parcel 2 has an area of 0.496 acres, and consists of the two story portion of the building, and 22 parking spaces. Item No. A -3 a _ _ TO: Planning Commission - 2. It should be mentioned that the unusual configuration of the common property line between the two parcels adjacent to Newport Bay is necessitated by the requirement that the existing fire escape on the five story portion of the structure be enclosed within Parcel 1. The Uniform Building Code also requires that there be no openings between the two portions of the structure with this proposed resubdivision. The existing eave overhang of the two story wing encroaching onto Parcel 1 will also have to be removed. Parking At its meeting of August 20, 1959, the Planning Commission approved Variance No. 555 to allow the expansion of the subject building and to permit a portion of the required parking spaces to be located on a separate parcel, subject to the condition that an Off -site Parking Agreement be recorded, stipulating that said parking area will "always be used to provide the amount of parking being waived at the building site." The Off -site Parking Agreement was recorded on January 15, 1960, and states that the subject parking lot, located at the south- easterly corner of 32nd Street and Villa Way, shall contain at least 71 parking spaces. (Seventy -six parking stalls exist on the subject property at present.) It should be mentioned that the Off -site Parking Agreement also states that "this agreement shall run with the lands herein described and shall bind the successors of the present owners thereof." Since the property owner and the applicant will have joint use of the subject parking lot as well as the parking areas adjacent to the existing building, the Assistant City Attorney has determined that it is not necessary to amend the existing parking agreement. Signs At its meeting of January 21, 1971, the Planning Commission approved Modification No. 266 to permit Imperial Savings to install a 391 sq. ft. identification, wall sign on the easterly (waterside) facade of the five story portion of the structure (to replace the former "Newport- Balboa Savings" sign), but required that the proposed sign on the northerly elevation of the building be reduced to the legal dimension of 200 sq. ft. Other conforming signs on the building were also changed to reflect the new identity of the "Imperial Savings" Building. It should be mentioned that all of the "Imperial Savings" signs located on the five story portion of the building will have to be removed when the Parcel Map is recorded or when the current property owner no longer conducts a substantial portion of its banking business within the five story building, inasmuch as the Municipal Code will not permit an off -site sign on the premises. Public Walkway Easements At its meeting of January 28, 1974, the City Council approved Harbor Permit Application #124 -3400, revising an existing permit of the Don Koll Company, to permit a 7 foot wide pile supported, wooden public walkway, bayward of the bulkhead line in front of the five story portion of the subject building (i.e. Parcel 1 of this application). It should be mentioned that the applicant desired to construct the subject boardwalk to provide a southerly extension to a 6 foot wide walkway easement northerly of the subject property that was a condition of approval of Use Permit No. 1636 (i.e. Koll's multi- storied parking structure in "Lido Village ". A condition of approval of Use Permit No. 1636 was to dedicate a public easement adjacent to the bulkhead for the entire 360 feet of bay frontage of Koll's property, as well as one easement from Via Oporto to the bulkhead.) Item No. A -3 .4. TO: Planning Commission - 3. The Marine Safety Department has suggested that a 6 foot wide public walkway easement be dedicated adjacent to the bulkhead line on Parcel 2 of this resubdivision, and an access easement across Parcel 2 be required to provide access between Via Lido and the 6 foot wide public walkway cited above. It should be mentioned that the subject public walkway could be dedicated landward of the bulkhead line at this location, since a minimum 7 foot wide concrete sidewalk exists between the bulkhead and the two story portion of subject building. Staff concurs with the Marine Safety Department's recommendation since a public easement adjacent to the bulkhead of Parcel 2 is a logical extension of the other public easements proposed along Newport Bay, as well as an easement through the parking area from the 6 foot wide ease- ment to Via Lido. Staff recommends approval of Resubdivision No. 433, subject to the following conditions: That a Parcel Map be filed. That all requirements of the Uniform Building Code be met prior to the recording of the Parcel Map. That all existing identification signs of Imperial Savings shall be removed from Parcel 1 (including the signs attached to the five story portion of the building) at such time Imperial Savings no longer conducts a substantial portion of its business in the subject structure, or prior to the recording of the Parcel Map, whichever occurs last. That prior to the recordation of the Parcel Map the property owner shall dedicate a minimum 6 foot wide public walkway easement adjacent to the bulkhead on Parcel 2 so as to connect with the proposed boardwalk bayward of Parcel 1. That prior to the recordation of the Parcel Map owner shall dedicate a public walkway easement 2 to provide access between Via Lido and the 6 easement required in Condition No. 4 above. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR By- Ie14 "_ e, r;°^jr.� William R. Laycoc , Senior Planner WRL /sh Attachments: Vicinity Map Tentative Parcel Map the property across Parcel foot wide Item No. A -3 r` ask a, �P 0' p pNP� ��aa✓ov N 5 rsn tiP � i C -2 -N C-2 -H C.2`H c $ AvE3 r D P C -2 •� ,x , � +� do n F h 1& I2 j 1- "I M.P 10, C i SCAIE MAP NPORT BEACH ask a, �P 0' p pNP� ��aa✓ov N 5 rsn tiP � i C -2 -N C-2 -H C.2`H c $ AvE3 r D P C -2 •� ,x , � +� do n F h 1& I2 j 1- "I M.P 10, C i SCAIE MAP NPORT BEACH OF AGRICULTURAL RESIDENTUIL BEET MULTIPLE RESIDENTIAL SINGLE FAMILY RESIDENTIAL C_1 LIGHT COMMERCIAL 1 S&e MAi NO.I Y \ y \ \ 8 1 \ \ DISTRICTING MAP NPORT BEACH — CALIFORN AGRICULTURAL RESIDENTUIL -A MULTIPLE RESIDENTIAL SINGLE FAMILY RESIDENTIAL C_1 LIGHT COMMERCIAL DUPLEX RESIDENTIAL F C -2 GENERAL COMMERCIAL REST. MULTIPLE FAMILY REBIDENIIAL M -1 MANUFACTURING COMBINING DISTRICTS F--5� UNCLASSIFIED �'3M3 Al DEC Off 2,J 1973 �. C1L TO: CITY COUNCIL FROM: Public Works Department October 29, 1973 CITY COUNCIL AGENDA ITEM NO. H -8 SUBJECT: STREET IMPROVEMENTS ON VIA OPORTO FROM CENTRAL AVENUE TO VIA LIDO RECOMMENDATION: Approve the preliminary plans. BACKGROUND: This project, which is a part of the Lido Village Project currently under construction by Don Koll Inc., will provide for the reconstruction of Via Oporto using a special streetscape treatment from Central Avenue to Via Lido. The project was reviewed in concept by the City Council on August 27, 1973. The project will blend the street right -of -way into the adjoining shop and mall areas by use of brick surfacing, flush curbs, street trees, and special lighting. Although two -way automobile traffic will be retained with intermittent passenger loading zones, the emphasis is to make the street a pedestrian oriented link and to encourage off - street parking in the adjoining parking structure. Most of the existing on- street parking in the project area will be eliminated. The construction contract will be administered by The Koll Co. under a maintenance agreement between Koll and the City executed on September 5, 1973. Council approval of the plans was required as a condition of Use Permit No. 1636 (Cond. No. 9). Final plan preparation is now underway and it is anticipated that work could begin in November, 1973. Williamson- Schmid Consulting Civil Engineers of Santa Ana, California, are preparing the project plans. An exhibit showing the configuration of the proposed work will be on display in the Council chambers. seph Devlin blic Us Director jfd !7S- I r i S 7.S TO: CITY COUNCIL FROM: Public Works Department August 27, 1973 CITY COUNCIL AGENDA ITEM NO. G -4 STUDY SESSION AGENDA ITEM NO. 5 SUBJECT: REQUEST OF DON KOLL COMPANY TO CONSTRUCT SPECIAL IMPROVEMENTS ON VIA OPORTO RECOMMENDATION: If desired, approve the request subject to the following conditions: That the improvements be constructed at no cost to the City. 2. That the Koll Company be responsible for maintenance of the special improvements, with an agreement to be executed providing for such maintenance. 3. That the City be responsible for street lighting system energy costs. 4. That the plans for the improvements be prepared on standard size sheets by a licensed civil engineer, and approved by the Public Works Department. 5. That prior to demolition of the existing street improvements a bond or other appropriate guarantee be posted to assure satis- factory completion of the work. DISCUSSION: The Don Koll Company has proposed to construct special street improve- ments on portions of Via Oporto northerly of Via Lido. These improvements are intended to be accomplished in conjunction with the redevelopment of the Koll Company property in the area in order to improve the esthetics of the entire project. The improvements generally will consist of street and sidewalk paving utilizing bricks on a concrete slab foundation, together with special planters and street lights, and a fountain. Emphasis in the design is placed on pedes- trian usage, with through vehicular traffic being discouraged and on- street parking minimized. Exhibits will be on display in the Council chambers; and a presentar tion will be made by representatives of the Koll Company outlining the proposal in more detail. August 27, 1973 Subject: Request of Don Koll Company to Construct Special Improvements on Via Oporto Page 2 It is further proposed that the Koll Company would be responsible for the cost of maintaining the special improvements, except for street lighting energy costs, which would be funded by the City in the normal manner. An agree- ment has been drafted providing for the maintenance responsibilities. While requests for special street improvements are ordinarily dis- couraged by the Public Works Department, the present proposal has features which appear to make the concept feasible. 1. The costs of both construction and maintenance are to be borne by the proponent. 2. The area involved is relatively self- contained, and the proponent has an unusually large property interest in the area. Q_,jZ� �seph AG evl i n blic Wo s Director BN:jfd March 9. 1976 Donald M. IIoll 1901 Dove Street Newport Beach, CA 92660 Subject: Lido Village Development This letter will serve to inform you that on March 8, 1976, the City Council of the City of Newport Beach accepted the public improvements constructed in conjunction with subject development, and the City Clark was authorised to release Faithful Performance Bond No. 2428803. Please advise your surety, the Safeco Insurance Company of America. Doris M. Ceorge Acting City Clerk wk 4100. cc: POblic works Department TO: Cl C] C7 CITY OF NEWPORT BEACH Date: March 9. 1976 GENERAL SERVICES DEPARTMENT POLICE DEPARTMENT FIRE DEPARTMENT BUILDING DEPARIMENT PLANNING DEPARTMENT FINANCE DEPARTMENT PARKS, BEACHES & RECREATION DEPARTMENT City Clerk Final Map of Tract No. approved. Improvements accepted in Tract No. Improvements accepted in Resubdivision No. x Improvements accepted in conjunction with U.P. 1636 Above action taken by Council on March A, 1976 Description of Tract or Resubdivision: Lido Village Development Via Oporto from Via T.idn to Central Avenue �3tkT�- OS Acting City Clerk LL: cc: Public Works Dept. Lr n SAFECO INSURANCE COMPANIES SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA EXECUTED IN DUPLICATE FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE. 430 BROOKLYN AVE. N.E.. SEATTLE, WASHINGTON 981% Q Premium: $1 ,000.00 Bond No. 2428803 KNOW ALL MEN BY THESE PRESENTS, That we, nnNAI 1901 Dnye Street, Newport Beach, California n M_ KDI 92660 as Principal, and the SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized under the laws of the State of Washington, and authorized to transact the business of surety in the State of Washington as Surety, are held and firmly bound unto CITY OF NEWPORT BEACH in the just and full sum of * *ONE HUNDRED THOUSAND AND NO /100 ------------- - - - - -- Dollars($ 100.000.00 ), for which sum, well and truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals, and dated this 24th day of JANUARY 19 74 THE CONDITION OF THIS OBLLGATIONIS SUCH, That, WHEREAS, DONALD M. KOLL HAS AGREED TO CONSTRUCTION AND PAY FOR STREET IMPROVEMENTS IN VIA OPORTO (TRACT 1235), CITY OF NEWPORT BEACH, CALIFORNIA. IN ACCORDANCE WITH DRAWING R- 5231 -S, SHEETS 1 THRU 8, SAID IMPROVEMENTS TO BE CONSTRUCTED ON OR BEFORE JANUARY 24th, 1975 NOW, THEREFORE, If the said DONALD M- KOLI_ SHALL CONSTRUCT AND PAY FOR STREET IMPROVEMENTS IN VIA OPORTO (TRACT 1235), CITY OF NEWPORT BEACH, CALIFORNIA, IN ACCORDANCE WITH DRAWING R- 5231 -S, SHEETS 1 THRU 8, ON OR BEFORE JANUARY 24th, 1975 then this obligation to be void; otherwise, to remain in full force and effect. DONALD M..KOLL (Seal) Principal t.S TO Fv2M 7q Bye `: z I z lz— Ern Principal (Seal) Principal Principal SAFECO INSURANCE COMPANY OF AMERICA BY I F. f. ran , Attorney -in -F, t _ S -1227 R1 10/72 PRINTED IN U.S.A. ACKNOWLEDGMENT BY SURETY STATE OF Cal i forni a ) 1 ss County of Orange 1 On this 24th day of January , 1974 , before me personally appeared F- F- 1p9rand ,known to me to be the .Attorney -in -Fact of SAFECO INSURANCE COMPANY OF AMERICA, GENERAL INSURANCE COMPANY OF AMERICA or FIRST NATIONAL INSURANCE COMPANY OF AMERICA, the corporation that executed the within instrument, and acknowl- edged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat, at my office in the aforesaid County, •♦♦•♦♦ ♦ "e da�ai tU°Jrer�%�IA��t?ds2tht0At*first above written. SEAL + • C MARY A. JENNY � � � NOTARY PUBLIC CALIFORNIA. j - FRINCIFAL OFFICE IN Notary Public in the Sta of ♦ /c 4 ORANGE COUNTY ♦ County of • My CO lon Expires Aug- 12, 1977 ♦• ♦ ♦ ♦6A2B ♦•i6♦tf,1�Q••• ♦60e+n -w -, • PRINTED IN V -S.A. 0 k CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE September 27, 1973 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1566 Description of Contract Street Maintenance Agreement Authorized by Resolution No Effective date of Contract Contract with Address Amount of Contract 8075 , adopted on September 51 1973 Dcn Koll Company 1901 Dove Street Newport Beach, CA 92660 See contract August 27, 1973 city terk Septomber 27, 1973 ? Dan KOU ca pow, Inc. 1901 Dow Sttwt Newport Beach, CA 92660 Attention: Mr. Timothy L. Struder Vice President and General t)o r"I Re: Agreement and Dsclarntion of ,OWWAtft Batwsan Landowners (Civil Code Section 1468) Enclosed is an executed and recorded copy of the above agreement between the City of Newport D"oh and the Dan Yoll OmWw. 7his apeemwt was suftntsed on' Augaet 27, 1973 by the passage of Resolution No. 8075 by the City Council. Doris M. George Deputy City Cleric a* sm. cc: City Attorney wlcopy of amt • • CITY OF NEWPORT BEACH CALIFORNIA September 14, 1973 Mr. J. Wylie Carlyle, County Recorder P. 0. Box 238 Santa Ana, CA 92702 Attached for recordation _ from 0ovenants between x Authorized by Resolution No. 8976, City Manager authorized by Resolution No. 6773 to accept easement deeds. Laura Lagios City Clerk LL:swk enc. City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 September 5, 1973 77S Elora ,; . 5 csr�Arre.rJ.J. SEP7 197 ® -, CIry 91. . HBl4PpRT BFACH 3 1 ^ CALIF, Ij/ Mr. Dennis O'Neil City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Re: Agreement and Declaration of Covenants Between Landowners (Civil Code Section 1968) Dear Dennis: Enclosed are three copies of the Agreement and Declaration between the City of Newport Beach and Donald M. Koll which have been executed by Donald M. Koll. I would appreciate if.you could return an executed copy to me. If you have any questions please contact me. Thank you for your courtesies. Very truly yours, DON KOLL COMPANY, INC. Timothy L. Strader Vice President and General Counsel TLS:dh encs. mm Me 6FREET. PEVW= BEACH- fJUJUWAn 92600.1n4183: -M= PLEASE RiETUM TO- ' fit:_Cc) 7f' A LA'- RA LAeoli 8 /'VG, bIOS, CITY CLERK 29:38 CITY OF BEACH 1 0902P -724 33001NEVVPCXT COULEVARD NEWPORT BEACH, CALIF. 92660 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 9:05 A.M. SEP 1 b 1973 SPACE ABOVE THIS LINE FOR RECORDER'S USE AGREEMENT AND DECLARATION OF COVENANTS BETWEEN LANDOWNERS (Civil Code Section 1468) The City of Newport Beach, a municipal corporation ("City" hereJ.n), administers certain public street rights of way located in the City of Newport Beach, County of Orange, State of California, which rights of way are more particularly describ-wd in Exhibit "A" attached hereto and by this,reference incorporated herein. Donald M. Koll, a married man ("Koll" herein), is the owner of certain real property located in the City of Newport Beach, County of Orange, State of California, which real. property is more particularly described in Exhibit "B" attached hereto and by this reference incorporated herein, and which real property is contiguous to the aforesaid street rights of way. City an(f-- Koll desire to make certain covenants and agreements with respect to the use -and development of their respective properties and rights of way which are to be benefits and burdens which shall run with and affect each of said prop- erties; and rights of way and be binding upon each of the respec- tive parties acid their heirs, -successors and assigns; and, accordingly, City and, Xxoll ac-Troo. as follows: 0902PG 725 The parties to this Agreement and Declaration hereby bind themselves, their heirs, assigns and successors to all the terms, conditions, covenants, restrictions and obligations as set forth hereinbelow. The right to enforce this Agreement or to receive benefits hereunder shall inure to the Parties them- selves, their heirs, assigns, and. successors; and the covenants, restrictions.and charges hereunder and all their benefits and burdens shall run with the land as contemplated pursuant to Section 1468 of the Civil Code of the State of California. II City will allow'Koll to construct, reconstruct, install, maintain, use, operate, repair and replace street surfacing, sidewalk surfacing, decorative street lights, fountains, kiosks, landscaping, sprinklers, and all facilities and appurtenances necessary and incidental thereto, all in substantial conformance with plans and specifications therefor on file in the Office of the City Clerk of the City of Newport Beach, in, on, and across those certain rights of way described in Exhibit "A" hereto. City will further allow Koll to take all reasonable measures necessary or convenient in accomplishing the aforesaid activities. III Koll agrees to: (1) Construct and install street surfacing, sidewalk surfacing, decorative street lights, fountains, kiosks, land- scaping, arra. all facilities and n-cessar-VT and incidental thereto, all in substantial conformance with plans and specifications therefor on file in the Office of the City Clerk of the City of Newport Beach, in, on, and across those certain rights of way described in Exhibit "A" hereto. 2 BX 10902PG 726 (2) Maintain the aforesaid improvements and facilities in accordance with the generally prevailing standards of main- tenance of other public areas in the City and to pay all costs and expenses incurred in so doing; except for street lighting energy costs, which shall be paid for by City. However, nothing herein shall be construed to require Koll to maintain, replace, or repair the subsurface of any street or sidewalk or any pipe, pipeline, conduit, or cable (except those installed by Koll) in or under any street or sidewalk. In the event its work beneath the street and/or sidewalk surfacing installed by Koll pursuant hereto requires City to remove all or any portion of said sur- facing, Koll agrees, upon the completion of such work and upon the restoration of the subsurface by City, to restore the sur- face area affected thereby to substantially the same condition as existed prior to the commencement of the work. In the event the City Council of the City of Ne�-iport. Beach determines, after a public hearing held on at least ten L f., (10) days prior written notice to Koll, that Koll has failed or ceased to maintain the aforesaid improvements and facilities as required by,this paragraph, Koll agrees that City may, at Citv's option, assume the maintenance thereof and may bill Koll directly for the costs of such maintenance. Koll agrees to pay the amounts set forth in said bills promptly, upon receipt of such billing. City reserves to itself the right to make such emergency 4 repairsirs to the improveirients and -rE-IC lit`?._.,. -`ieS -l'-ristalicd by KC11 pursuant hereto as it deems necessary for the immediate pro- tection of the public health and safety. Koll agrees to reimburse City for the reasonable costs and expenses incurred by City in effecting such emergency repairs. 3 BX 10902PG 727 In the event Koll fails to make payment within thirty (30) days after billing by City, then the amount of said bill plus any other charges thereon, such as court costs and reason- able attorneys' fees as may be fixed by the court, shall be and become a lien upon the property described in Exhibit "B" hereto when City causes to be recorded with the County Recorder of Orange County a Notice of Assessment. Said Notice shall state the amount due including any charges thereon as may be authorized hereunder, a description of the real property, and the name of the record owner thereof. Any such Notice shall be signed by an authorized representative of City. Upon payment of said assess- ment and charges in connection with which the Notice of Assess- ment has been so recorded, or other satisfaction thereof, City shall cause to be recorded a further notice stating the satis- faction and the release of the lien thereof. No action shall be brought to foreclose or enforce said assessment lien less than thirty (30) days after the date a copy of the Notice of Assessment recorded with the County Recorder of the County of Orange is deposited in the United States mail, certified or registered, postage prepaid, addressed to Koll. The assessment lien may be foreclosed or enforced by sale by City, its attorney, or any other person duly authorized by the City Council of City to make the sale. Any such sale provided for above shall be conducted in accordance with the provisions of the Civil Code of the State of California applicable to the exercise of Powers of sale in mortgarjes and dee(9s of trust or in any other manner permitted b-�7 law. City shall have the power to bid on the property at the foreclosure sale and to purchase, hold, lease, mortgage and convey the same. 4 BK 10902PG 728 If any property subject to a monetary lien created by any provision hereof shall be subject to the lien of a deed of trust: (1) the foreclosure of any lien created by anything set forth in this Agreement and Declaration shall not operate to affect or impair the lien of such deed of trust; and (2) the foreclosure of the lien of deed of trust or the acceptance of a deed in lieu of foreclosure of the deed of trust shall not operate to affect or impair the lien hereof, except that the lien hereof for said charges as shall have accrued up to the foreclosure or the acceptance of the deed in lieu of foreclosure shall be subor- dinate to the lien of the deed of trust, with the foreclosure - purchaser or deed -in -lien -grantee taking title free of the lien hereof for all said charges that have accrued up to the time of the foreclosure or deed given in lieu of foreclosure, but subject to the lien hereof for all said charges that shall accrue sub- seauent to the foreclosure or deed given in lieu of foreclosure. (3) Koll hereby waives his right to protest the inclusion of the property described in Exhibit "B" hereto in a maintenance district formed pursuant to the provisions of Chapter 26 of Part 3, Division 7 of the Streets and Highways Code of the State of California for the purpose of performing any or all of the services described in Paragraph 111(2) hereof. Upon the inclusion of said property in such a district, this Agreement and.Declaration shall terminate and shall be of no further force and effect; and each of the parties agrees to sign all documents necessary or convenient to effect such termination. IV No breach of the covenants, conditions or restrictions herein contained, nor the enforcement of any lien provisions 5 BK 10902PG 729 herein, shall defeat or render invalid the lien of any deed of trust made in good faith and for value, but all of said covenants, conditions and restrictions shall be binding upon and effective against any owner whose title is derived through foreclosure or trustee's sale, or otherwise. V These restrictions, covenants and agreements may be modified, amended or terminated jointly by the parties hereto, or their heirs, assigns or successors. VI The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unen- forceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. VII Each of the parties hereto specifically consents to t1r.,e recordation of this "Agreement and Declaration of Covenants Between Landowners", and the covenants, restrictions and charges hereunder, and all their benefits and burdens, shall run with the land as contemplated pursuant to Section 1468 of the Civil Code of the State of California. Executed this Xil% day of 1 1973. CITY OF NEWPORT BEACH A Municipal Corporation By, ATTEST: yg'4,Jw By ity APPROVED "A A'S & FORM By A�ft t -a _6 D .. . . . . . . . . . S7-0'NEIL City Attorney Ofl 10,2 .4f�� ayor DONALD M. A Married Man e 0 STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. BX 10902PG 730 On September %5—, 1973 before me, the undersigned, a Notary Public in and for said State, personally appeared DONALD M. KOLL, known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the Same. WITNESS my hand and official seal. [Ftltiillttlllluullin�uftl¢�tlul�lllunn�ni�fllHnntOii�uuum�n nnl�wnn�nuiultninlllnln� OFFICIAL SEAL c DIANNE J. HARTFORD '. x " NOTARY PUBLIC-::AL{FORNIA PRINCIPAL OFFICE iN o Pu -06 b in an for said ORANGE COUNTY = State My Commission Expires April 19, 1975 flhlalAaumwnaNutneE�ui�ru3uuuuuunannumuriu�ue�n;niwfmuuumnu��untiauv STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) On September 14-, 1973 before me, the undersigned, a Notary Public in and for 'said State, personally appeared Donald A. McInnis , known to me to be the Mayor, and Laura Lagios , known to me to be the ­_ -- City Clerk of t.he.City of Newport Beach, the municipal corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the City of Newport Beach, and acknowledged to me that the City of Newport Beach executed the within instrument pursuant to its City Charter. WITNESS my hand and official seal. pn e! r[�! DOROTHY (j//�2�2''' 6.l'a 1 L. i Ob Epi Y' LT-UALIFN _`f` IA Fa,C)RA11GE COUNTY j Notary Pub in and for said State State 'I My Comm,ssion ExFifes Feb. 9. 1977 8K 109 PG 731 LEGAL DESCRIPTION That portion of Via Oporto lying Northerly and North- westerly of the Northerly line of Via Lido, and Easterly of the Easterly line of Central Avenue, also, included within said improvements, the Northerly 147 feet of the Easterly 16 feet of that portion of the Easterly one-half of Central Avenue adjoining and lying Southerly of the centerline of Via Opo --to-, in the City of Newport Beach, County of Orange, State of California, as said Via Oporto, Via Lido, and Central Avenue are shown and dedicated to the City of Newport Beach on the Map of Tract 907 recorded in Book 28, Pages 25 -to 36 inclusive of Miscellaneous Maps records of said County. EXHIBIT "A" OF WRUNG, )'NISATISFACTORY IN' BK 10902PG 732 'AN" W�A.N RECEIVED PARC -&--'L 1: THAT OF LOT 7 OF T! -!ACT N'0. 1117 1!* TH"f' CITY CF 117 CH, A �, . I . I COU:`lry f'F CF lnl--R M -CUS M-;t,0SA 1�i' T11:7 rFF!Cz- 1,111c OF PJ%G�_7 f -.F t�� — - COU4TY RE SIAM C;-*','J'i'T\' Dt—C.-NIt'�LD AS p AT ,.).F SlID Lr,,T, 2; 2 I 10 0 A L. -7) T E i -,L Y L I F S A I C. L 0 T 2 T TV: ROI"T ra OF F'=*=T I-V- Cr-l"WH TO TN' c- C I T OF -�!, .' j , U I �H,-AST C' 5*71 F T A :G. 0011 "Di7p.."CH SOUT��i G710 01f EAST SAID C'-',-lV7 990.00 -,.,E' N:0RTH;::AST '-ElLY L I IV 'E 10F S'10S'1LOT; 5 9 t ltro','�� S T I S' 1 n, P.. -7T 7- A L P A.R P", L L L TC T}#_. N n R TT T: -7"L Y L 1 0 F S A I ID LST- T C'E n, T t I G,7° 011 1 =ST I f) 0 0'? F 1� y T A L "N A LI -F PARALL"L WIT -H TWF7 SOUT111.,. STT LY C5 SATZ) LOT 2 T'-" T'W-7 TRI 'F P01 -:T OF TRI —4 1 SAID LA" D IS AS A P ".Ti F V%, 'F ti -AnT OF T41S I -l' - 0�! T'-T--� TR QCT' 12 r D IN B`01':, 47 P PA G Q F 1 S C Lia?�J S A P S P$AkR-CE'L LOT I 'rjNF T`,'kCT �13. 1235, 1,' T-, %L' C I T Y 0- F I PP 1", 0 T !3; A, C Cf)"I'N'ry 0.7 STATE�' ��K 47 P!---- 2! uclus c- Gr: T, OF SP410 0,111U4N7TY. PARCEL 3: LOT 24 A.IiD THIF 0'm','H—HALF OFF LOT 23 OF TRtt,'T 15*22 DE-J'�C'Hi C-�U:"TY OF S'7"-mTE 07 C'LIFC-"'%1p_. A "47 OF �"*-TIS�"--LL�'�'i:.':'1-1,77 MAPS IN T-- 0 F C. r OF THEZ COLNNTY OF SAID COU!.iTY. N" PARC -.--L 4: IN' Ill" CITY �`47 'T-;,-UfPCRT LOTS 2-1 AND 23 OF TRACT NO. 1622) OF 11 r�; I :, o !�� = - - 1; I � , L-- A � SW f = AS P-zR J"AP :5 9- A .,i %:,o -,K 47 P,,� OF Til'i7- OF COUNTY. EXCEPT FRWAI SZflD LOT 23 THZE' NGRTHIIIEESTH.RLY W'117-111ALF T?.-lZ%e7-70F. PARC.' -.L 5"A: LOTS 17 20 At.'D .21 OF T7"Pir-TIrl'22R. I". TH!T CITY OF c CC�U',;TY CF p p T' 1"PS i 10, F. � F I C ""F T!-ia- L;0,0K 117 39 11 U'l R D s- R 0 F 'S A I D C 10IJ . T Y 0 li',XHIB-J-' "B" BK 10902PG 733 ALtt cS') :.""XT#P7" t .l.L i:. +fit _*.VNC `'^5 ty�a "t•-:tp-Yia�tfTt'. �y t» "`*}y-E'},yr44 �a"D R`A"C.t"f, �} ti.,�tR..il:, i...�tis Jt3, is 3i ;.i FJ ..-t .�t-�:`,.9 r....Aa.� H'•i3 •.as`S�.✓?�... u\ af:Lr#f<a,.i� s..:.",i r� YYqq fit ft� f� uAJii...JV-'GS �Z ALLPARCE"L 5—a: :. +9 g a n?: 7.1 t't .: E 4.FL3'"c-r E sf `x*i`r f°T:' r 1�S�;.i�.Y < Tfyy ° ``''''``�� ��{{ t ; � � ± 't r Al !r 3�C. Fs f r fni-';.i l'Y%D' NP TURF �4� R ;�-':f ��44,� ...¢I F- ► t .._� F. r i g �, ;� '`. �'`a 3s (rc,i Pm'D 4.Iyjf'frti ..a i '}: L.. Fes: .,. Y;=a .:': sx:L ZZ t LOTS s .Ss 1 Xfi l el4 l ~ p 21 21 " i`Tsiari�i r.► 'N-1, 'Jp -2,g0 11-141 :.'ia <iri. CITY ITY CF T i ACI y73 1 a�aF�' Fd :i s -C` w* T:=:a OF CAtg vFi' Rt- �� Af; p— a t;.rsp p 7CC.CORDHE"'ll OF 5'lilt) COUNTY. XC:EPT FfZ«"` S ID LOT 17 ' H -H- SOUT,i, ASTv€R,LY 3D.03 F -=T T.€ R, cf, P,,%RCF . 55 -A: U""T 1!'a #'.` 1 3,F"� `a'-4 fi_ r 4 r'. v'�' `-- g^ ^!' 11 s 3` w -•;*.- TIPACT g# . V ii i.. CI B J nt- - tzt �+.�% �E. L-.w.=.i..:_i�, , d,a r�,�� ti^s` }�t^f k��T�, u�" }''y sus" 3('+` j� . a � j Vft e���5v ia.iL isl1+d ry-:J e «. ('ry.. k .p�}i!i� ... L... (eta s. e. f.! .• s3 yam .. a ail }i�%F��"°1�� ��} 'F t i-i�1f:1C...�:4.'r'1E U- S +�"¢'`14 ` ' .\ i.s� .r'-b�.% 1L✓4.%:J Kim. too P V EXCEPT FR -10? --i S UD LDT 15 T'rl SGlUT.=,=AvTH:R LY 4%,r 00 Fx„:-6.:,T `STH MOF, ALSO olX"�. T ALL SU ra.1, �+�+ bt;: AA4g^}�sv»itffr s f� pp'� ('! '. ar, '�/s a.. S .�is.>3. ..s'..: �.s f .'i t,l',ls l.. s.+� a; aYC,:..*Ya f:. -`';.T.� S,rC� �'. %rGI.Y .tiZxafxai tj-:§ya Oji tf'�#Frl�ti':.� NOW BlUI ..;fl.� GS A*,,D iF • c j��la`tS;J 1�u�iry kd i � 3',st :. c_52�� 4 t.i �.��r. ��...4jq}73•♦ a / t+-...4 �`$ .�� . � ,?k niF a+. e7'. xCae� S=.-3'•.� i"Y �4ii S-... �s PARCEL G -u: ALL EULLD1:1GS ,-N z.'�"�='a?�.4�...."dam �'� #a'.'. r� 2.��.� �,'� H:9.T'jl,,)>~. =fejt. TH Lt ,:3 A 't } AAST _ i < F, zl; i ? CT,$ 3 U I L D I i^'s Af 1 f i.a T,.i s��`re :.} i•s :.. �F AND ,:: -',L.L FUE. a.r, a N. ire 4.: �^.L,. �� F.. ! Y a a .•, _ 1 � i'� -r 4 y t t 71" r 7,%. , 'f a Y - ., m x,..y� ..a ; L J t 17 R � E i rs. ,`� -�'� P$F,1 f}t_= :aa�� � ± ,:.�.tT ?«: �F.7 t�� i':.a � %� ..n #``�r { 4,�y °"1' f >.F "' a..r ...�♦ o ... I's { } x'tY`r T :}:a C'i3t..7.t. OFF �-ys __�.✓.k,.°._:. `� x ,.. c. £.., 3� x_lt;.t... 4j =i.;.Ffc4.. i.tta' }2i"f;..r i��.'b�i-".s fP� F54 '�.. ..'s.: il�r;{`l ri u -'f 4S i" wF'#'� it >t 3 # t. : ,e as n w .. 2'r 1973 Py COUSd Ct' yr t�zhi,vnal R,:AC' RESOLUTION NO. 8 07 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND DONALD M. KOLL FOR THE MAINTENANCE OF CERTAIN CITY STREETS LOCATED IN LIDO VILLAGE WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach and Donald M. Koll for the maintenance of certain city streets in the Lido Village area; and WHEREAS, the City Council has considered the terms and conditions of said agreement and found them to be fair and equitable, and in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED that said agreement for the maintenance of certain city streets in the Lido Village area is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 27th day of August , 1973. Mayor ATTEST: City Clerk DON:sh 8/21/73