HomeMy WebLinkAboutC-1629 - Agreement for construction of boardwalk, Bayward parcels 1 & 2, Via Lido]b CITY OF NEWIORT BEACH
TO: FINANCE DIRECTOR
FROM: City Cleric
SUBJECT: Contract No. 1629
Description of Contract 8oaIVY0,on
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
DATE June 4, 1974
with Imperial Savings 6 Loan and
Authorized by Resolution No. 8249 , adopted on 5 -13-74
Effective date of Contract Mav 16. 1974
Contract with Imperial Savings 6 Loan and Don Koll Company, Inc.
Address
Amount of Contract
see Contract
city ftem `
ZITY OF NEWPORT BEACH
CALIFORNIA
Timothy =:. Strader, Bag.
Dpn Xoll company, Inc.
1901 Dove Street
-Newport Beach, California 92660
Res Boardwalk Alreemout Between Imperial Savings and Loan
I Dear Tim:
inclosed herewith are two copies of subject Agreement with the
recording information listed in the upper right -hand corner.
Said Agreement was authorized by the City Council on May 132th
by the adoption of Resolution No. 8249.
Very truly yours,
DAVID R. BAADE
Assistant City Attorney
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Enclosures
CC: Laura Lagios - City Clerk r'
r 1 i 149PC 145 1
RECORDED IN OMC1AL RECORP+i
FREE OF ORANGE COUNTY,
Cg 8:05 A.M. MAY 21 1974
AGREEMENT J. WYLIE CARLYLE, County Recorder
This Agreement is made and effective this fro g
day of2W 1974, between IMPERIAL SAVINGS AND LOAN
ASSOCIATION ( "Imperial "), DONALD M. KOLL ( "Koll ") and the
CITY OF NEWPORT BEACH ( "the City ") with reference to the fol-
lowing facts:
A. Imperial is the owner of that certain real property
described in Exhibits "A" ( "Parcel 1 ") and "B" ( "Parcel 2 ") at-
tached hereto and by this reference made a part hereof.
B. Koll is the owner of that certain real property des-
cribed in Exhibit "C" ( "Parcel 3 ") attached hereto and by this
reference made a part hereof.
C. Imperial has agreed to sell Parcel 1 to Koll pursuant
to an Agreement of Purchase and Sale of Real Property between
Imperial and Koll.
D. The Planning Commission of the City has approved a
Resubdivision (Resubdivision No. 433) allowing the sale of
the property to Koll on condition that prior to the recording
of a Parcel Map, Imperial shall furnish the City with an agree-
ment satisfactory to the Director of Community Development and
the City Attorney guaranteeing the construction of a boardwalk
for reasonable public access bayward of a portion of Parcel 2.
THEREFORE, the parties hereto agree as follows:
-1-
1 r
r
r 1 i 149PC 145 1
RECORDED IN OMC1AL RECORP+i
FREE OF ORANGE COUNTY,
Cg 8:05 A.M. MAY 21 1974
AGREEMENT J. WYLIE CARLYLE, County Recorder
This Agreement is made and effective this fro g
day of2W 1974, between IMPERIAL SAVINGS AND LOAN
ASSOCIATION ( "Imperial "), DONALD M. KOLL ( "Koll ") and the
CITY OF NEWPORT BEACH ( "the City ") with reference to the fol-
lowing facts:
A. Imperial is the owner of that certain real property
described in Exhibits "A" ( "Parcel 1 ") and "B" ( "Parcel 2 ") at-
tached hereto and by this reference made a part hereof.
B. Koll is the owner of that certain real property des-
cribed in Exhibit "C" ( "Parcel 3 ") attached hereto and by this
reference made a part hereof.
C. Imperial has agreed to sell Parcel 1 to Koll pursuant
to an Agreement of Purchase and Sale of Real Property between
Imperial and Koll.
D. The Planning Commission of the City has approved a
Resubdivision (Resubdivision No. 433) allowing the sale of
the property to Koll on condition that prior to the recording
of a Parcel Map, Imperial shall furnish the City with an agree-
ment satisfactory to the Director of Community Development and
the City Attorney guaranteeing the construction of a boardwalk
for reasonable public access bayward of a portion of Parcel 2.
THEREFORE, the parties hereto agree as follows:
-1-
0
U 1 1 149K 1452
1. A boardwalk for r6,asonable public access bayward of
a portion of Parcel 2 ( "the boardwalk "), extending forty -seven
(47) feet southeasterly of Parcel 1 shall be constructed by Koll
at no expense to Imperial. The public access referred to herein is
pedestrian access.
2. Said boardwalk shall be so constructed as to provide
a southeasterly extension of the boardwalk proposed for construc-
tion by Koll bayward of Parcel 1 and shall be completed within one
year following the recordation of the Parcel Map of the Resub-
division. (See plot plan attached hereto as Exhibit "A -1 ")
3. Imperial shall allow public access to the boardwalk
over a portion of the concrete sidewalk located bayward of the
two -story building on Parcel 2. Imperial shall allow access to
the concrete sidewalk over the parking lot located on Parcel 2.
Access from the concrete sidewalk to the boardwalk shall be con-
structed by Koll at no expense to Imperial.
4. If the concrete sidewalk is ever utilized by Imperial,
or its successor -in- interest, to expand the two -story building
now located on Parcel 2 or to construct another building in
its place, the rights of the public to access to the boardwalk
across the concrete sidewalk shall terminate.
5. This Agreement shall be recorded in the Office of the
Recorder of Orange County, together with the following notice
specified in §813 of the California Civil Code:
-2-
i 149Pc 1453
"The right of the public or any person to make any
use whatsoever of the above described land or any por-
tion thereof (other than any use expressly allowed by
a written or recorded map, agreement, deed or dedication)
is by permission, and subject to control, of owner:
Section 813, Civil Code."
Upon commencement of any expansion or construction on the
area now utilized as a concrete sidewalk, a notice of revocation
of the 9813 notice shall be recorded by Imperial in the Office of the
Recorder of Orange County. A copy of such notice shall be mailed
by Imperial to the City Attorney of Newport Beach and to Koll.
The notice of revocation shall state that the rights of the public
to access over the concrete sidewalk are terminated but that the
rights of the public to access to the extended boardwalk over
the parking lot located on Parcel 2 shall continue as provided
in this Agreement.
6. In the event of such termination, Koll agrees to con-
struct an extended boardwalk southeasterly of the boardwalk bayward
of Parcel 2 as may be reuuired by the City. Construction of such
extended boardwalk is not a condition precedent to the termination
of the right of public access across the concrete sidewalk.
7. The rights of the public to access over the concrete
sidewalk shall be terminated upon construction of a boardwalk
extending southeasterly of the presently proposed boardwalk bayward
of Parcel 2, whether or not the concrete sidewalk still exists.
If such a boardwalk is ever constructed by Imperial, Koll or any
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! B&1 1 1491t 1454
other person or entity, then Imperial may record a notice of re-
vocation as provided in Section 5 hereof and the right of public
access over the concrete sidewalk shall immediately terminate.
A copy of such notice shall be mailed by Imperial to the City Attorney
of Newport Beach and to Koll.
8. Upon construction of an extended boardwalk southeasterly
of the boardwalk to be constructed bayward of Parcel 2 Imperial
shall allow public access to the boardwalk over the parking lot
located on Parcel 2. Access from the parking lot on Parcel
2 to the extended boardwalk shall be constructed by Koll at no
expense to Imperial. The location of such access shall be de-
signated by Imperial.
9. If Koll or his successor -in- interest constructs a
boardwalk bayward of Parcel 3, Koll covenants and agrees to
allow public access to such boardwalk over Parcel 3.
Koll's agreement to allow public access over Parcel
3 to any boardwalk constructed bayward of Parcel 3 is a covenant
made expressly for the benefit of Parcel 2 and is intended
by Koll and Imperial to be a covenant running with both Parcel
2 and Parcel 3 as provided in Civil Code Section 1468. Said
covenant effects the use of Parcel 2 and is expressly made
binding upon successive owners of Parcel 3 for the benefit of
Parcel 2.
10. Upon construction of a boardwalk bayward of Parcel
3, Imperial may record a notice of revocation of the §813 notice,
provided for in Section 5 hereof, in the Office of the County
Recorder of Orange County and mail a copy of such notice to the
-4-
U 1 1 i 49ft 1 455
City Attorney of Newport Beach and Koll. Said notice shall
state that all rights of the public to access over the parking
lot on Parcel 2 and all public access across Parcel 2 provided
under the terms of this Agreement is terminated.
11. Nothing contained herein shall be construed as an
express or implied dedication of any rights to the boardwalk
or of any easement or access rights, or any other rights over
the property of Imperial or Koll, to the public and no common
law dedication of access or easement rights, or any other rights
over the property of Imperial or Koll or over the board-
walk shall arise by virtue of the terms of this Agreement.
12. Nothing contained herein shall be construed as an
express or implied grant or dedication of any right of the
public to park vehicles in the parking lot located on Parcel 2.
Parking privileges in that lot shall continue to be reserved
for invitees of Imperial or its successor -in- interest.
13. Imperial may take such reasonable safety and security
measures as it deems necessary to protect its business or
property including restricting public access to portions of
Parcel 2; provided, however, that the public shall not there-
by be denied reasonable access to the boardwalk as long as this
Agreement is in effect.
14. Koll is presently leasing from Imperial the property
bayward of Parcel 2. Therefore the boardwalk, and any extension
thereof, bayward of Parcel 2 shall be maintained and repaired by
Koll.
-5-
UI1149W 455
15. This Agreement is to be executed by the Mayor of the
City pursuant to a duly adopted resolution of the City Council
of Newport Beach.
16. This Agreement and every covenant and condition con-
tained herein shall be binding upon and shall inure to the benefit
of the parties hereto, their heirs, personal representatives,
successors or assigns.
17. The parties hereto may seek injunctive or other appro-
priate relief to enforce the terms of this Agreement.
18. In the event that any party hereto shall institute any
legal action or proceeding against the other party on account
of the other's failure or refusal to perform or fulfill any
of the terms of this Agreement on his or its part to be perform -d
or fulfilled, then it is agreed that in any such action or pro-
ceeding the prevailing party shall be entitled to its reasonable
costs therein and such further and additional sum as and for its
attorneys' fees as the court in such action or proceeding may
adjudge to be reasonable.
19. Whenever possible, each provision of this Agreement
shall be interpreted in such manner as to be valid under appli-
cable law, but, if any provision of this Agreement shall be
deemed invalid or prohibited thereunder, such provision shall be
ineffective to the extent of such prohibition and invalidating
which shall not invalidate the remainder of such provision or
the remaining provisions of this Agreement.
n
0
U 11 149K 1457
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
IMPERIAL SAVINGS & LOAN ASSOCIATION
BY�� i
n PhPhti cfP n,t
By
Gn.ace, H. Hughes, As6iYtant Secne.t
DONALD M. KOLL
BYDon t 74 11��� /— -
ATTEST: CITY OF NEWPORT BEACH
/its' i..C-c-�.r /^'c By
City Clerk:,_, Mayor
APPROVED �Y:
Dx'r Yc -or. of Cofix[unity Development
APPROVED AS FORM
gss'ECity Attorney
-7-
STATE OF CALIFORNIA
COUNTY OF— '-ego SS.
o On incl 19. 1914 before me,
`n the undersigned, a Notary Public in and for said County and State,
personally appeared Havty H. Hoot uls en —
N
known to me to be the —President, and
Gttace H. Hughin _ , known to me to be
a A.Ai ,&ta It Secretary of the corporation that executed the
within Instrument, known to me to be the persons who executed the
g within Instrument on behalf of the corporation therein named, and
a acknowledged to me that such corporation executed the within
�j instrument pursuant to its by-laws or a resolution of its board of
directors.
U
�i
CS Signature
m
_n
U
Name tTyped or Printed)
Notary Public in and for said County and State
TO 447 C
(Individual)
STATE OF CALIFORNIA
COUNTY OF
ORANGE ss.
BxE I I_19n15113
FOR NOTARY SEAL OR STAMP
i
O
On April 30, 1974 before me, the undersigned, a Notary Public in and for said
State, personally appeared DONALD M. KOLL
to be the person whose name_ LO _ subscribed
to the within instrument and acknowledged that he
executed the same.
WITNESS my hand and official seal.
marl ��C�
Signature �
DIANNE J. HARTFORD
known to me
I I Iu l u l n uuu n a uuu 9nlu I Iuu n o! ounnrl9 ulm mn nun no: u! nu a u! un a nnuuu nnm1811 a
OFFICIAL SEAL
DIANNE J. HARTFORD
NOTA rY PUSL!C-CALIFORNIA
PR,NCiPAL OFFICE IN =_
P ORANGE COUNTY
My Commission Expires April 19, 1975
IBllrlllllilEr19111n41111nIIIInn9nllilnlllnlli$Ilnl!Iinlln! IIIllillllllll(I1IIIIIIIIIil91111111111111111111TI
Name (Typed or Printed)
(This area for official notarial seal)
EP
OFFICIAL I
p
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uOTA.Y PI ELIC L
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P;.!NICIPAL CFF uE 1!N
SAN 01EG0 COUNTY y
s� ivy Comm"sssicn
i_rp!tes Feb. lc, i977
O
On April 30, 1974 before me, the undersigned, a Notary Public in and for said
State, personally appeared DONALD M. KOLL
to be the person whose name_ LO _ subscribed
to the within instrument and acknowledged that he
executed the same.
WITNESS my hand and official seal.
marl ��C�
Signature �
DIANNE J. HARTFORD
known to me
I I Iu l u l n uuu n a uuu 9nlu I Iuu n o! ounnrl9 ulm mn nun no: u! nu a u! un a nnuuu nnm1811 a
OFFICIAL SEAL
DIANNE J. HARTFORD
NOTA rY PUSL!C-CALIFORNIA
PR,NCiPAL OFFICE IN =_
P ORANGE COUNTY
My Commission Expires April 19, 1975
IBllrlllllilEr19111n41111nIIIInn9nllilnlllnlli$Ilnl!Iinlln! IIIllillllllll(I1IIIIIIIIIil91111111111111111111TI
Name (Typed or Printed)
(This area for official notarial seal)
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
9M 1 1 149PC 1459
On May 16", 1R before me, the undersigned, a
Notary Public in and for said State, personally appeared
Donald A. McInnis and Doris M. George
known to me to be the Mayor and Deputy City
Clerk of the municipal corporation that executed the within
Instrument, known to me to be the persons who executed the
within Instrument on behalf of the municipal corporation therein
named, and acknowledged to me that such municipal corporation
executed the within Instrument pursuant to a resolution of its
City Council.
WITNESS my hand and official seal.
Pic-
Notary Public(in and for said
State
My Comm °ssion tx?� ^es__.. FV ®•� I_ „�.aw�, -�1
M �
EXHIBIT "A" aK 11 1 49P 1460
DESCRIPTION OF PROPERTY
PARCEL 1, in the City of Newport Beach, County of Orange,
State of California, as shown on a Map filed in Book 60, Page
43 of Parcel Maps, in the Office of the County Recorder of
said County.
EXHIBIT "B" 9X 1 [ 149Pr [ 46
DESCRIPTION OF PROPERTY
PARCEL 2, in the City of Newport Beach, County of Orange,
State of California, as shown on a Map filed in Book 60, Page
43 of Parcel Maps, in the Office of the County Recorder of
said County.
EXHIBIT "C"
LEGAL DESCRIPTION
" � ! ! 49 °6 ! 462
The Northwesterly 25.00 feet of Lot 4 and all of
Lots 5, 6 and 7 except the Northwesterly 20.00
feet of Lot 7 of Tract No. 1622.
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CITY OF NEWPORT BEACH
CALIFORNIA
Mr. J. Wylie Carlyle, County Recorder
P. 0. Box 238
Santa Ana, CA 92702
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
Attached for recordation is Agreement guaranteeing construction of
a boartialk fran Parcel 1 to Farcel Z tor reason p c access
from Imperial Savings E Loan Assn., Dan Koll Company and City of
for public access purposes.
X Authorized by Resolution No. 32491
City Manager authorized by Resolution No. 6773 to accept
easement deeds.
xa'ti pX;
Laura Lagios
City Clerk
LL:swk
enc.
0
DON KOLL COMPANY, INC.
April 30, 1974
Mr. David Baade
Assistant City Attorney
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92660
Dear Dave:
0
Enclosed are five copies of the Boardwalk Agreement which have
been executed by Imperial Savings and Loan Association and Donald
M. Koll. Please have all five copies executed by the City and
notarized. After the documents have been executed and notarized,
please return two copies to me and have one copy recorded.
If you have any questions, please give me a call.
Very truly yours,
Dff�L C P4 !er
/ Timothy': S ra
Senior Vice President
and General Counsel
TLS:dh
Enclosures
1901 DOVE STREET • NEWPORT BEACH -CALIFORNIA 92880• (714)833-3030
0
MAY 1 1974
RESOLUTION NO. 8 24 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF
AN AGREEMENT BETWEEN THE CITY OF NEWPORT
BEACH, IMPERIAL SAVINGS & LOAN ASSOCIATION,
AND DONALD M. KOLL, FOR BOARDWALK AND PUBLIC
ACCESS IN CONNECTION WITH RESUBDIVISION NO. 433
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain agreement between the
City of Newport Beach, Imperial Savings & Loan Association,
and Donald M. Koll, for boardwalk and public access in
connection with Resubdivision No. 433; 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 interests of the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said access agreement above
described 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 13th day of May, 1974.
Mayor
ATTEST:
ty Clerk
mh
5/10/74