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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 :)RB/bc 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 -3- ! 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$Ilnl!Iinlln! IIIllillllllll(I1IIIIIIIIIil91111111111111111111TI Name (Typed or Printed) (This area for official notarial seal) EP OFFICIAL I p p uOTA.Y PI ELIC L \ +>' P;.!NICIPAL CFF uE 1!N SAN 01EG0 COUNTY y s� ivy Comm"sssicn i_rp!tes Feb. lc, i977 O On April 30, 1974 before me, the undersigned, a Notary Public in and for said State, personally appeared DONALD M. KOLL to be the person whose name_ LO _ subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. marl ��C� Signature � DIANNE J. HARTFORD known to me I I Iu l u l n uuu n a uuu 9nlu I Iuu n o! ounnrl9 ulm mn nun no: u! nu a u! un a nnuuu nnm1811 a OFFICIAL SEAL DIANNE J. HARTFORD NOTA rY PUSL!C-CALIFORNIA PR,NCiPAL OFFICE IN =_ P ORANGE COUNTY My Commission Expires April 19, 1975 IBllrlllllilEr19111n41111nIIIInn9nllilnlllnlli$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. aw roLs <a:r�vrAW AW,ar" ■ 7 . d�cwa oro /rs/rt0 ,f!• Ji�LVrr/roW Nl iiiiiii ANO Dir/ irt• /vsc/L J .+�/ � ` Expla T � ~=V 3i I�f?cdL! /, ! *✓ Cod rn`�Ile, it ",o iAe fxisT/NG �r �° t /.r0 G we"rf J/�ssvLK O�Lect�vf L/NL, mid/.YOi - r "1 I ro r1w U.l. CuL.rNE00 sNr N•/!Y c/N! Al Aiirl.Bc/L /N® ® rev+ oe �vio "i A ,W^a ae/c�; esLrfara,�s _ sub,413a � `7�ihbst ,._ airr k► ��w�ur „.,,,,..'""'�°`""""��t :✓;aCN� _ 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