HomeMy WebLinkAboutC-1714 - Irrevocable public access agreement, Coves DevelopmentFROM:
SUBJECT
CITY OF NEWPORT BEACH
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
D • Mt.:.
FINANCE DIRECTOR
City Clerk
Contract No. 1714
Description of Contract Publie Ac+man to A Viamin8 Platfrim wnrl
Headwalk of the marina to be c metrncted by The Irvine O mpany.
Authorized by Resolution No. MR , adopted on _ MW gl IQ79
Effective date of Contract,,, �gr�g7S
Contract with Mnt.ain ne.,si -pm= Ccmpm d a U&xs4 Q0,
Amount of Contract See a moment
ity Clerk
June 2, 1975
McLain Development Co.
1440 Ford Road
Newport Beach, CA 92660
Attention: 10r. 11. Arnesen
Attached is the executed copy of the Agreement for
Irrevocable Public Access to a Viewing Platform and
Headaalk of the marina to be constructed by The Irvine
may•
Also attached are the origin:41 and two copies of the
Cunt of Easement for pedestrian walleaay purposes which
are to be recorded. One copy is to be returned to the
City Cleric with the recording information and date of
recording filled in for the City's recoOAs.
The above documents were authorized by the City Council
on May 27, 1975 by the adoption of Resolution No. 8495.
Laura Lagios, CMC
City Cleric
LL:swk
anc.
AGREEMENT FOR IRREVOCABLE PUBLIC ACCESS
This Agreement for Irrevocable Public Access is made
and entered into as of this Aq ?tl day of A.K 1975,
by and between THE IRVINE COMPANY, a corporation organized
under the laws of the State of West Virginia (hereinafter
referred to as "Irvine "), and the CITY OF NEWPORT BEACH, a
municipal corporation organized under the laws of the State
of California (hereinafter referred to as "City ").
W I T N E S S.E T H:
For and in consideration of the covenants and
conditions herein contained, and for other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, Irvine and City hereby mutually agree as follows:
1. Irvine agrees with City, for the benefit of the
general public, to give the general public nonexclusive access
to and a nonexclusive right to use, but not to obstruct, the
Viewing Platform and Headwalk of the marina to be constructed
by Irvine (in accordance with plans and specifications to be
approved by City) and located at the approximate location
shown by the dark crosshatching lines on Exhibit "A" attached
hereto (hereinafter referred to as'the "Viewing Platform and
Headwalk "). Said exhibit is hereby made a part hereof as if
set forth in full herein.
2. This Agreement shall be irrevocable by either I
party hereto. J
3. Irvine agrees to repair and maintain the Viewing
Platform and Headwalk in good and safe condition and repair,
free from obstructions and debris, at its sole cost and expense.
Rev. 5/8/75
4. City agrees that Irvine shall not be liable for
any loss, damage, injury, death of any person, or claim of
any kind or character to any person or property arising from
the public access to and use of the Viewing Platform and
Headwalk, and City hereby waives on its behalf all claims
and demands against Irvine for any such loss, damage, injury
or death, and, except to the extent occasioned by the act or
neglect of Irvine, its employees or agents, hereby agrees to
indemnify and to hold Irvine entirely free and harmless from
all liability for any such loss, damage, injury, death or
claim and from all costs, expenses and charges arising
therefrom, including, without limitation, attorneys' fees
and costs incurred by Irvine in connection therewith. Said
waiver and indemnity is intended to apply with respect to
loss, damage, injury, death or claim arising during the term
of this Agreement and following the expiration or termination
of this Agreement, and said.waiver and indemnity shall survive
the expiration or termination of this Agreement and shall be
binding upon City until such time as action against Irvine
on account of any such loss, damage, injury, death or claim
shall be barred by an applicable statute of limitations.
5. Irvine and City hereby acknowledge and agree
that the ownership of the Viewing Platform and Headwalk shall
not be altered by this Agreement, that upon construction of
the Viewing Platform and Headwalk Irvine shall be the owner
of the Viewing Platform and Headwalk and that thereafter
Irvine shall have the right to retain ownership of the
Viewing Platform and Headwalk or dispose of or encumber the
same, or any part thereof, as Irvine, in its sole discretion,
may deem appropriate, subject, however, to the terms and
conditions of this Agreement.
2
6. Irvine further expressly reserves to itself the
right to have access to and to use the Viewing Platform and
Headwalk and the right to grant to such other persons or
entities as it shall, in its sole discretion, deem appropriate,
the right to have access to and to use the Viewing Platform
and Headwalk; provided, however, that no such right to have
access to or to use the Viewing Platform and Headwalk shall
unreasonably interfere with the general public's right of
access to and use of the same which is granted by this
Agreement; and provided further that, notwithstanding
paragraph 2 above, Irvine shall have the right to remove and
not replace the Viewing Platform and Headwalk at such time as
any public agency having jurisdiction over the public waterway
shown on Exhibit "A" rescinds or revokes I'rvine's permission
to keep said Viewing Platform and Headwalk in said waterway.
7. Each and every of the obligations, covenants,
conditions and restrictions of this Agreement shall inure to
I
the benefit of and be binding upon and enforceable against,
as the case may require, the successors and assigns of Irvine
and City.
B. This Agreement constitutes the entire agreement
between the parties hereto as to the subject matter hereof and
all prior and contemporaneous negotiations and oral agreements
acceptable to both parties are included herein. No amendment
or other modification of this Agreement shall be effective or
enforceable unless in writing signed by the duly authorized
representative of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be duly executed with all the formalities
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required by law on the date set forth opposite their respective
signatures.
THE IRVINE COMPANY nn
By 14 -T5
vice/Pr14 By
CITY EW ORT BEACH J
B Y / `Date -2 -7S
.E
Vice1a
ATTEST:
. C,941FORN`P
Date MAY 3 0 1975
Clerk of e C' of
Newport Beach
APPROVED AS TO FO-RM:
• Date �✓' /991
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MAY 2 7 1975
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RESOLUTION NO. ? 4 9 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH ACCEPTING A GRANT OF EASEMENT
FROM THE IRVINE COMPANY AND MCLAIN DEVELOPMENT
COMPANY FOR PEDESTRIAN WALKWAY PURPOSES IN
CONJUNCTION WITH THE EXPANSION OF NEWPORT MARINA;
AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT FOR IRREVOCABLE PUBLIC ACCESS
WITH THE IRVINE COMPANY IN CONJUNCTION WITH HARBOR
PERMIT 200 -1001, THE COVE DEVELOPMENT
By ahs CITY COUNCIL
CITY " T %%NCH WHEREAS, there has been presented to the City Council
of the City of Newport Beach a Grant of Easement from The
Irvine Company and McLain Development Company for pedestrian
walkway purposes in conjunction with the expansion of Newport
Marina; and an Agreement for irrevocable public access with
The Irvine Company in conjunction with Harbor Permit 200 - 1001,
The Cove Development; and
WHEREAS, the City Council has considered the terms
and conditions of said Easement and 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 Easement and Agreement
above described are approved, and the Mayor and City Clerk are
hereby authorized and directed to accept and execute the same
on behalf of the City of Newport Beach.
ADOPTED this 27th day of May , 1975.
Mayor
City Clerk
DDO /bC
5/23/75.,