HomeMy WebLinkAboutC-1566 - Street maintenance agreement, City streets in Lido Village'W►
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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.
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IV,6-IlVpol? 7-
31- VO -
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/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
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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.
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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
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LOTS 17
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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