HomeMy WebLinkAboutC-2175 - License Agreement for Non-standard ImprovementsC
'NEWPORT BEACH
Date May 20, 1980
TO: Public Works Department
FROM: City Clerk
SUBJECT: Contract No. 2175':
Project Nara Standard iripmyemnts in public ri t -cifz=
Attached is signed copy of subject contract for transmittal to the contractor.
Contractor: Bm* of .Newport
Address: P.O. Box 7890, Newport Beach, CA 92660
Amount: $ see contract
Effective Date: April 8, 1980
Resolution No. 9764'
Att.
cc: Finance Department u
Ak�/Doris Geo e
City Hall 3300 Newport Boulevard, Newport Beach, California 92663
'
RECORDING REQ:TED BY AND K 13594P6 95
WHEN RECORDED RETURN TO: RECORDED IN OFFICIAL RECORDS
40042 OF ORANGE COUNn", CALIFORNIA
City Clerk
City of Newport Beach EXEMPT 45 v 3 P.M.. APR 301980
3300 Newport Boulevard IEEABRANCN,CO\ut PecoMer
Newport Beach, CA 92663 1 —
For
NO FEE REQUI
order's Us
LICENSE AGREEMENT
N
THIS AGREEMENT, made and entered into this 8th day
of April , 1980, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, hereinafter referred
to as "City," and the BANK OF NEWPORT, a California corpora-
tion, hereinafter referred to as "Owner," is made with
reference to the following facts.
A. City owns certain public street rights -of -way (here-
after "easements ") located in the City of Newport Beach,
County of Orange, State of California, which easements are
more particularly described in Exhibit "A" attached hereto
and by this reference incorporated herein.
B. Owner owns that certain real property located at
2101 and 2171 East Pacific Coast Highway in the City of
Newport Beach, County of Orange, State of California, which
real property is more particularly described as Lot 2 of
Tract 10274 as shown on a map filed in Book 444, pages 16
and 17, of Miscellaneous Maps, Records of Orange County,
California, and which real property is contiguous to the
aforesaid easements.
C. This easement also contains public utility ease-
ments.
D. City has water, sewer and storm drain facilities
located within said easement.
1
1
BK 13594PG 96
E. City desires to condition approval of construction
of any no nstandard street improvements over a portion of
said street easement containing said utility facilities.
F. The parties hereto desire to execute an agreement
providing for fulfillment of the conditions imposed by City
on Owner as a precondition for the granting of permission to
construct the nonstandard street improvements.
NOW, THEREFORE, in consideration of their mutual promises,
the parties hereto agree as follows:
1. DEFINITIONS.
"Nonstandard street improvements" (hereafter "improve-
ments ") shall be defined to include landscaped areas, flagpoles,
and street or sidewalk surfacing which is not constructed of
asphaltic concrete or natural colored Portland cement concrete
and /or finished in a customary fashion.
2. TERM.
Rights granted under this agreement shall terminate
twenty (20) years from the date of execution, unless earlier
terminated as provided herein. In the event that City desires
to use the easement for street purposes, City may terminate
this agreement by giving 60 days' notice of its intention to
do so, specifying in said notice the date of termination.
City shall incur no liability whatsoever in the event of the
termination of this agreement, early or otherwise, and /or
consequent removal of improvements by City.
3. RIGHTS OF OWNER.
Owner may construct, reconstruct, install, maintain,
use, operate, repair and replace said improvements, all in
substantial conformance with plans and specifications there-
-2-
9
41 BK 13594Pu- 97
for on file in the City's Public Works Department, in,
on and across those certain easements described in Exhibit "A"
hereto.
4. OWNER'S DUTIES.
Owner shall properly and regularly maintain the
improvements and shall timely pay all costs and expenses
incurred in doing so. In the event that owners fail to
properly and /or regularly maintain the improvements, City may
at its option, assume the maintenance of the improvements
and Owner agrees to pay all costs incurred by City in maintain-
ing the improvements.
5. REPAIRS.
City has the right to make such repairs to the
improvements as it deems necessary for the protection of the
public health, welfare and safety. Owner agrees to promptly
reimburse City for the reasonable costs and expenses incurred
by City in effecting such repairs.
6. RESTORATION
Should City be required to enter onto the easements
to construct, maintain, remove, repair, renew, replace or en-
large the water, sewer or storm drain facilities, the City may
remove all or part of the improvements and in such event:
(A) Owner shall restore the improvements to their
condition prior to removal by the City, said restoration
to be completed within 60 days from notice to Owner that
City has completed its work;
(B) City agrees to bear the portion of the costs of
the restoration of the improvements to the extent such
costs would have been incurred had standard street improve-
ments been installed by Owner;
(C) Owner agrees to pay any costs of restoration of
the improvements in excess of the costs to be paid by City.
-3-
0 0 BK 13594PG 98
7. INDEMNIFICATION.
Owner agrees to indemnify, defend, and hold City,
its officers, agents and employees harmless from all demands,
claims, losses or liability that arise out of or that are in
any way related to the construction, use, maintenance or resto-
ration of the improvements.
8. BREACH.
In the event either party breaches any material provi-
sion of this agreement, the other party at its option may, in
addition to the other legal remedies available to it, terminate
this agreement, and, in the event the breaching party is Owner,
City may enter upon the easement and remove all or part of
the improvements installed by Owner. Termination because of
breach shall be upon a minimum of ten (10) days' notice, with
the notice specifying the date of termination. In the event
of litigation commenced with respect to any term or condition of
this agreement, the prevailing party shall be entitled to
reasonable attorney fees and costs incurred.
9. SEVERABILITY.
The provisions of this agreement are 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 provi-
sions hereof.
10. RECORDATION.
Each of the parties hereto specifically consents to
the recordation of this License Agreement in the Office of the
County Recorder of Orange County, California, and the covenants,
restrictions and charges hereunder, and all their benefits
and burdens, shall run with the land, pursuant to Section 1468
of the Civil Code of the State of California.
-4-
BK 13594Pe 99
11. ASSIGNMENT.
The terms and conditions of this agreement shall
be binding upon the successors and assigns of Owner, and
shall also be binding upon owners who take title to the
property by reason of foreclosure, trustee's sale, or
otherwise.
12. NOTICE.
When notice is to be given pursuant to this agree-
ment, it shall be addressed as follows:
CITY OWNER
City of Newport Beach Bank of Newport
Office of City Attorney Post Office Box 7890
3300 Newport Boulevard Newport Beach, CA 92660
Newport Beach, CA 92663
Notice shall be deemed given as-of the date of mailing when
notice is properly addressed and mailed with first class
postage prepaid.
EXECUTED the day and year first above written at Newport
Beach, California.
CITY OF NEWPORT BEACH
A Municipal Corporation
Mayor
ATTEST:
City Clerk
S
APPROVED AS TO FORM:
"bbL_7,_
City Attorney
'i
-5-
RHB /kv
3/28/80
STATE OF CALIFOgfIIA,
Orange
tleeYG VOOOVYYeOYYYrO "
• OFFICIAL. SEAL
DOROTHY L. PALEN
i NOS ARY PUBLIC RNI/
• PRINCIPAL OFFICE FICE I N
• ORANGE COUNTY
• 1981
My Commission Expires Feb. 9,
BK 1 .5 .c4PG 100
April 29, 192"
before me, the undersigned, a Notary Public in and for said State, personalty appeared
larnueline E. Heather
known to me,
to be the person— whose name_ i s subsLmbed to the within Instrument
and acknowledged to me that the_ executed the same.
WITNESS my hand and official seal.
notary Ic in and for said State.
TO 449 C
(Corporation)
Y O
STATE OF CALIFORNIA l
COUNTY OF Orange I SS.
On April 8 1986 before me, the undersigned, a Notary Public in and for said
State, personally appeared Stephen J Smith
w known to me to be the Senior Vice - Richard P. Ritter '
M — President, and
i known to me to he Secretary of the corporation that executed the within Instrument,
W known to me to be the persons who executed the within
n Instrument on behalf of the corporation therein named, and
a acknowledged to me that such corporation executed the within ♦ ♦ ♦ ♦ ♦♦• ♦••NHe•o6••♦••1••ee••
m instrument pursuant to its by-laws or a resolution of its board ♦ OFF!CIAL SEAL •
of directors. ♦ e
- •
WITNESS my hand`)nd offici3]seal. • J ° PHYLLIS V. BRANDON •
/° NOTARY PUBLIC CALIFORNIA Y
r :+. r /� . � �/•� • -of r}+� PRINCIPAL OFFICE IN e
t Signature.>ise.d.�./ rar,>tGE COUNTY •
My commission Expires Feb. 15, 1983 4e
Phyl is V. Brandon c ♦•♦••••••••••••••••••••••••••
Name (Typed or Printed)
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SNEE -T 2 D,�
CITY OF NEWPORT BEACH CRAWN — DATE
PUBLIC WORKS DEPARTMENT - -=PROVED
LICENSE AGREEMENT PUBLIC WORKS DIRECTOR
R.E. N0.
BANK OF NEWPORT DRAWINJ NO. ,C)(91817- A
0 •
April 9, 1980
TO: (1) CITY ATTORNEY
(2) CITY MANAGER
(3) CITY CLERK
FROM: Public Works Department
SUBJECT: LICENSE AGREEMENT FOR BANK OF NEWPORT
Attached are the following:
1. Original and two copies each of a License Agreement for
the Bank of Newport.
The Public Works Department has reviewed the License Agreement
and has found it to be in order.
Action requested:
1. City Attorney
a. Approve agreement
b. Fqrward all copies to City Manager
c.r,�Prepare resolution authorizing Mayor and City Clerk to
execute agreement.
2. City Manager
a. Approve agreement
b. Forward all copies to the City Clerk
3. City Clerk
a
b
C
Present agreement to City Council for approval.
Have Mayor execute the agreement
Retain original of agreement for your files and return
all copies to Public Works Department.
Benjamin B. Nolan
Public Works Director
RLH:do
Att.
April 21, 1980
i
Lee A. Branch
County Recorder
P.O. Box 238
Santa Ana, CA 92702
CITY OF NEWPORT BEACH
'= OFFICE OF THE CITY CLERK
(714) 640 -2251
Attached for recordation is License Agreement for Bank of Newport
fran City of Newport Beach and Bank of Newport for nonstandard
improvements at 2101 and 2171 East Pacific Coast Highway, Newport
Beach, CA.
Authorized by Resolution No. 9764
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encl.
City Hall 3300 Newport Boulevard, Newport Beach, California 92663
i
City Hall 3300 Newport Boulevard, Newport Beach, California 92663
L'
April 14, 1980
CITY COUNCIL AGENDA
ITEM NO. H -2(g)
• TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: LICENSE AGREEMENT FOR NON- STANDARD IMPROVEMENTS IN THE PUBLIC
RIGHT -OF -WAY ADJACENT TO THE BANK OF NEWPORT ALONG EAST COAST
HIGHWAY
OWNER: Bank of Newport
RECOMMENDATIONS:
1. Adopt a resolution approving an agreement for non - standard
street improvements in the public right -of -way with the Bank
of Newport, and authorizing the Mayor and City Clerk to
execute the agreement.
2. Authorize and direct the City Clerk to have the agreement
recorded with the Orange County Recorder.
• DISCUSSION:
The Bank of Newport has proposed to construct a special decorative
sidewalk along their frontage in the East Coast Highway right -of -way and
place flag poles in the utility easement at the westerly end of their property.
The agreement will allow construction of the non - standard street
improvements, as approved by the Public Works Department, and requires that
the Bank of Newport be responsible for maintenance and restoration of those
improvements.
A location map is attached for reference.
/&
Benjamin B. Nolan
Public Works Director
RLH: do
• Att. for Council Members only
•
•
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~ RECORDING REQU ED BY AND •
WHEN RECORDED TURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
ace
LICENSE AGREEMENT
S
THIS AGREEMENT, made and entered into this 8th day
of April 1980, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, hereinafter referred
to as "City," and the BANK OF NEWPORT, a California corpora-
tion, hereinafter referred to as "Owner," is made with
reference to the following facts.
A. City owns certain public street rights -of -way (here-
after "easements ") located in the City of Newport Beach,
County of Orange, State of California, which easements are
more particularly described in Exhibit "A" attached hereto
and by this reference incorporated herein.
B. Owner owns that certain real property located at
2101 and 2171 East Pacific Coast Highway in the City of
Newport Beach, County of Orange, State of California,. which
real property is more particularly described as Lot 2 of
Tract 10274 as shown on a map filed in Book 444, pages 16
and 17, of Miscellaneous Maps, Records of Orange County,
California, and which real property is contiguous to the
aforesaid easements.
C. This easement also contains public utility ease-
ments.
D. City has water, sewer and storm drain facilities
located within said easement.
N • •
E. City desires to condition approval of construction
of any no ns tandard street improvements over a portion of
said street easement containing said utility facilities.
F. The parties hereto desire to execute an agreement
providing for fulfillment of the conditions imposed by City
on Owner as a precondition for the granting of permission to
construct the nonstandard street improvements.
NOW, THEREFORE, in consideration of their mutual promises,
the parties hereto agree as follows:
1. DEFINITIONS.
"Nonstandard street improvements" (hereafter "improve-
ments ") shall be defined to include landscaped areas, flagpoles,
and street or sidewalk surfacing which is not constructed of
asphaltic concrete or natural colored Portland cement concrete
and /or finished in a customary fashion.
2. TERM.
Rights granted under this agreement shall terminate
twenty (20) years from the date of execution, unless earlier
terminated as provided herein. In the event that City desires
to use the easement for street purposes, City may terminate
this agreement by giving 60 days' notice of its intention to
do so, specifying in said notice the date of termination.
City shall incur no liability whatsoever in the event of the
termination of this agreement, early or otherwise, and /or
consequent removal of improvements by City.
3. RIGHTS OF OWNER.
Owner may construct, reconstruct, install, maintain,
use, operate, repair and replace said improvements, all in
substantial conformance with plans and specifications there-
-2-
for on file in the City's Public Works Department, in,
on and across those certain easements described in Exhibit "A"
hereto.
4. OWNER'S DUTIES.
Owner shall properly and regularly maintain the
improvements and shall timely pay all costs and expenses
incurred in doing so. In the event that owners fail to
properly and /or regularly maintain the improvements, City may
at its option, assume the maintenance of the improvements
and Owner agrees to pay all costs incurred by City in maintain-
ing the improvements.
5. REPAIRS.
City has the right to make such repairs to the
improvements as it deems necessary for the protection of the
public health, welfare and safety. Owner agrees to promptly
reimburse City for the reasonable costs and expenses incurred
by City in effecting such repairs.
6. RESTORATION
Should City be required to enter onto the easements
to construct, maintain, remove, repair, renew, replace or en-
large the water, sewer or storm drain facilities, the City may
remove all or part of the improvements and in such event:
(A) Owner shall restore the improvements to their
condition prior to removal by the City, said restoration
to be completed within 60 days from notice to Owner that
City has completed its work;
(B) City agrees to bear the portion of the costs of
the restoration of the improvements to the extent such
costs would have been incurred had standard street improve-
ments been installed by Owner;
(C) Owner agrees to pay any costs of restoration of
the improvements in excess of the costs to be paid by City.
-3-
0
7. INDEMNIFICATION.
Owner agrees to indemnify, defend, and hold City,
its officers, agents and employees harmless from all demands,
claims, losses or liability that arise out of or that are in
any way related to the construction, use, maintenance or resto-
ration of the improvements.
8. BREACH.
In the event either party breaches any material provi-
sion of this agreement, the other party at its option may, in
addition to the other legal remedies available to it, terminate
this agreement, and, in the event the breaching party is Owner,
City may enter upon the easement and remove all or part of
the improvements installed by Owner. Termination because of
breach shall be upon a minimum of ten (10) days' notice, with
the notice specifying the date of termination. In the event
of litigation commenced with respect to any term or condition of
this agreement, the prevailing party shall be entitled to
reasonable attorney fees and costs incurred.
9. SEVERABILITY.
The provisions of this agreement are 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 provi-
sions hereof.
10. RECORDATION.
Each of the parties hereto specifically consents to
the recordation of this License Agreement in the Office of the
County Recorder of Orange County, California, and the covenants,
restrictions and charges hereunder, and all their benefits
and burdens, shall run with the land, pursuant to Section 1468
of the Civil Code of the State of California.
1
11
F •
y
11. ASSIGNMENT.
The terms and conditions of this agreement shall
be binding upon the successors and assigns of Owner, and
shall also be binding upon owners who take title to the
property by reason of foreclosure, trustee's sale, or
otherwise.
12. NOTICE.
When notice is to be given pursuant to this agree-
ment, it shall be addressed as follows:
CITY
City of Newport Beach
Office of City Attorney
3300 Newport Boulevard
Newport Beach, CA 92663
OWNER
Bank of Newport
Post Office Box 7890
Newport Beach, CA 92660
Notice shall be deemed given as. of the date of mailing when
notice is properly addressed and mailed with first class
postage prepaid.
EXECUTED the day and year first above written at Newport
Beach, California.
ATTEST:
zr
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF NEWPORT BEACH
A Municipal Corporation
By
Mayor
-5-
RHB /kv
3/28/80
0
11. ASSIGNMENT.
0
The terms and conditions of this agreement shall
be binding upon the successors and assigns of Owner, and
shall also be binding upon owners who take title to the
property by reason of foreclosure, trustee's sale, or
otherwise.
12. NOTICE.
When notice is to be given pursuant to this agree-
ment, it shall be addressed as follows:
CITY
City of Newport Beach
Office of City Attorney
3300 Newport Boulevard
Newport Beach, CA 92663
OWNER
Bank of Newport
Post Office Box 7890
Newport Beach, CA 92660
Notice shall be deemed given as +of the date of mailing when
notice is properly addressed and mailed with first class
postage prepaid.
EXECUTED the day and year first above written at Newport
Beach, California.
CITY OF NEWPORT BEACH
A Municipal Corporation
By
Mayor
ATTEST:
To .ao
(Corporation) O
STATE OF CALIFORNIA
COUNTY OF Orange } SS.
On April 8. 1980 before me, the undersigned, a Notary Public in and for said
State, personally appeared - Stephen J. Smith
w known to me to be the Senior Vice — — President, and Richard P. Ritter
a
w known to me to be Secretary of the corporation that executed the within Instrument,
W known to me to be the persons who executed the within
j Instrument on behalf of the corporation therein named, and
i acknowledged to me that such corporation executed the within ••♦ ♦ ♦ ♦♦ ♦ ♦ ♦ ♦•••s ♦ee♦e1♦♦♦♦e ♦e ♦�
instrument pursuant to its by -laws or a resolution of its board ♦ OFP1C10.L 5[O.L
of directors / 1 ;�., PHYLLIS V. BRANDON • _�
WITNESS my hand nd oEicial sea]. .r;..{.r, NOTARY PUBLIC CALIFORNIA o)�
./ ////,� ♦ -+e "�- PRINCIPAL OFFICE 114 e
Signature �'vr/ - ?� �� - � C�A>IGE COUNTY
• my commission Expires Feb. 15, 1983
Phyl is V. Brandon i♦•••••••••'•'• ♦ ♦' ♦ ♦• ♦ ♦• ♦�•••♦
Name (Typed or Printed)
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CITY OF NEWPORT BEL CM
PUBLIC WORKS DEPARTMENT
LICENSE AGREEMENT
BANK OF MEWPORT
CRAWN DATE
C.PPROVED
PUDUC WORKS DIRECTOR
R.E. NO.
DRAWING NO_ 09-XL1 /L2 /7— A
_r
y
APR 14 1980
By the Ci�vif�U N00i COUNCIL
CITY is w'
FROM: Public Works Department
0
April 14, 1980
CITY COUNCIL AGENDA
ITEM NO. H -2(g)
SUBJECT: LICENSE AGREEMENT FOR NON- STANDARD IMPROVEMENTS IN THE PUBLIC
RIGHT -OF -WAY ADJACENT TO THE BANK OF NEWPORT ALONG EAST COAST
HIGHWAY
OWNER: Bank of Newport
RECOMMENDATIONS:
1. Adopt a resolution approving an agreement for non - standard
street improvements in the public right -of -way with the Bank
of Newport, and authorizing the Mayor and City Clerk to
execute the agreement.
2. Authorize and direct the City Clerk to have the agreement
recorded with the Orange County Recorder.
L t- 911 - 1.910INA
The Bank of Newport has proposed to construct a special decorative
sidewalk along their frontage in the East Coast Highway right -of -way and
place flag poles in the utility easement at the westerly end of their property.
The agreement will allow construction of the non - standard street
improvements, as approved by the Public Works Department, and requires that
the Bank of Newport be responsible for maintenance and restoration of those
improvements.
A location map is attached for reference.
Benjamin B. Nolan
Public Works Director
RLH:do
Att. for Council Members only
:
4,Z �G
APR ? 1980
By the C11Y CUUNI iL RESOLUTION NO.
CITY. OF mvw"T Bsor- t
A RESOLUTION OF THE CITY COUNCIL OF THE CITY I�r�
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A LICENSE AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND THE
BANK OF NEWPORT FOR NONSTANDARD IMPROVEMENTS
IN THE PUBLIC RIGHTS -OF -WAY ADJACENT TO THE
BANK OF NEWPORT ON COAST HIGHWAY
WHEREAS, there has been presented to the City
Council of the City of Newport Beach a certain License
Agreement between the City of Newport Beach and the Bank
of Newport for nonstandard improvements in the public
rights -of -way adjacent to the Bank of Newport on Coast
Highway; and
WHEREAS, the City Council has reviewed the terms
and conditions of said License Agreement and finds them to
be satisfactory and that it would be in the best interest
of the City to execute said License Agreement,
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that the License Agreement above
described is hereby 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
ATTEST:
City Clerk
14th day of
Mayor
it
1980.
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