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Home My WebLink AboutC-2204 - Maintenance Agreement No. 511 - right-of-way improvements adjacent to 511 29th Street and 2901 Lafayette Avenuei CITY OF NEWPORT BEACH 2 OFFICE OF THE CITY CLERK ` c�Cr909 (714) 640 -2251 December 8, 1980 TO: Public Works Department FROM: City Clerk SUBJECT: Contract No. C -2204 Project: 511 - 29th St. & 2901 LaFayette Ave. Agreement between the City of Newport Beach and Gino DiSano and Rose DiSano for certain public right of way improvements Attached is signed copy of subject contract for transmittal to the contractor. Contractor: Gordon Harvin Glass, Architect 2562 Waverly Dr. Newport Beach, CA 92660 fffectove Date: September 19, 1980 G ��f;'d -=c!C . (� � /iii;; •"�' , '�i'i"� Wanda E. Andersen City Clerk Attachment cc: Bob Calkins City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 er CIU oI Ns,ir -rt ch 3300 "le �rd ,,,ewport 6�ach, CA 92663 rep ". I 1 A.M. NOV 10 19$0 P351 LEE A. BPANC; I. C:. 1 'ti r'`, .rt}J< CIj:4I�v C e Above Inis Line Tor Recorders use Unly -:,J �.. :. LICENSE AGREEMENT IF x,11 THIS AGREEMENT, made and entered into this / G C day of 1980, by and between the CITY OF NEWPORT BEACH, a municipal co poration, hereinafter referred to as "CITY," and GINO DI SANG and ROSE DI SANO as co- trustees of the Di Sano fiamily Trust of March 9, 1978, hereinafter referred to as "OWNER," is made with reference to the following facts: A. CITY owns certain public street rights -of -way (hereinafter "easements ") located in the City of Newport Beach, County of Orange, State of California, which easements are more particularly described as Lafayette Avenue and 29th Street. B. OWNER owns that certain real property located in the City of Newport Beach, County -of Orange, State of California, which real property is more particularly described as Lots 6 and 7, Block 329, Lancaster's Addition to Newport Beach, as shown on a map filed in Book 5, page 14,,of Miscellaneous Maps, Records of Orange County, California, and which real property is contiguous to the aforesaid easements. C. CITY desires to condition approval of construction of any nonstandard street improvements and planting of street trees in a portion of said street easement. D. 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 improve- ments and the planting of any street trees. NOW, THEREFORE, in consideration of their mutual promises, the parties hereto agree as follows: I. DEFINITIONS "Nonstandard street improvements" (hereinafter "improvements ") shall be defined to include landscaped areas; and street or sidewalk surfacing - I - which is not constructed of asphaltic concrete or natural colored Portland cement concrete and /or finished in a customary fashion; and street trees. 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 sixty (60) days' notice of its in- tention 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 0WNER OWNER may construct, reconstruct, install, maintain, use, operate, repair and replace said improvements, all in substantial conformance with plans and specifications therefor on file in the CITY's Public Works Department, in, on and across those certain easements described in paragraph "A" above. 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 OWNER fails 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 maintaining the improvements. S. 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 enlarge said improvements, 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 sixty (60) days from notice to OWNER that CITY has completed its work; - 2 - (b) CITY agrees to bear the portion of the costs of the restora- tion of the improvements to the extent such costs would have been incurred had standard street improvements been installed by OWNER; (c) OWNER agrees to pay any costs of restoration of the improve- ments in excess of the costs to be paid by CITY. 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 restoration of the improvements. 8. BREACH In the event either party breaches any material.provision 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 unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provisions hereof. 10. RECORDATION Each of the parties hereto specifically consents to the re- cordation of this License Agreement in the office of the County Recorder of Orange County, California, and the covenants, restrictions and charges here- under, and all their benefits and burdens, shall run with the land, pursuant to Section 1468 of the Civil Code of the State of California. ll. 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. - 3 - vi 12. NOTICE When notice is to be given pursuant to this agreement, it shall be addressed as follows: CITY City of Newport Beach Office of City Attorney 3300 Newport Boulevard Newport Beach, CA 92663 OWNER Gino and Rose Di Sano c/o Motor Rim and Wheels Service 666 Union Street Montebello, CA 90640 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: i ity Clerk APPROVED AS TO F City Atto ney WIM CITY OF NEWPORT BEACH, a Municipal Corporation BlilcGEG lA1aye GINO AND ROSE DI SAND, Co- Trustees of the Di Sano Family Trust of March 9, 1978. By�_�rf C 2` T SUBSCRIBED AND SWORi1 fD BfFDRT ICE THIS? 'Z/.........DAY OF.-�R ...:.14.80 NOTARY PUBLIP/tALIFORNIA OFFEIAL�~ L LF.TICtA ARAUJO NINO NOTARY PUBLIC - CALIFORNIA LCS ANGELES COUNTY Al Comm exaires SEP 6, 198, .wi 0 October 31, 1980 Lee A. Branch County Recorder P. O. Box 238 Santa Ana, CA 92702 Dear Mr. Branchs Attached for recordation is the executed original license agreement between the City of Newport Beach and Gino Disano and Rose DiSano for certain public right of way improvements. Said agreement was authorized by the City Council of the City of Newport Beach on August 11, 1980. Please record and return to us. Thank you. DORIS GEORGE City Clerk DG:bf attach. 0 September 19, 1980 Lee A. Branch County Recorder P. O. Sex 238 Santa Ana, CA 92702 Dear Mr. Branch: CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 Attached for recordation is the executed original license agreement between the City of Newport Beach and Gino DiSano and Rose DiSano for certain public right of Dray improvements. Said agreement was authorized by the City Council of the City of Newport Beach on August 11, 1980. Please record and return to us. Thank you. DORIS GEORGE City Clerk � kU Dr,:bf f attach. L City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 L. AUG 11 1980 By tho QTY COUNCIL CITY OF NIWMKT UACH TO: CITY COUNCIL FROM: Public Works Department August 11, 1980 CITY COUNCIL AGENDA ITEM NO. G • -- SUBJECT: REQUEST OF GORDON GLASS, ARCHITECT, TO CONSTRUCT BRICK SIDEWALK PAVEMENT; PLANT STREET TREES; AND CONNECT AN AREA DRAIN TO A STORM DRAIN, ALL ADJACENT TO 511 29TH STREET AND 2901 LAFAYETTE AVENUE RECOMMENDATIONS: 1. If construction of brick sidewalk pavement is approved, make the permit subject to the prior filing of a maintenance agreement which will be recorded and run with the land. 2. If desired, deny request for planting street trees; however, if planting of street trees is approved, make the permit subject to: (a) The prior filing of a maintenance agreement. (b) Approval of tree type, size, and location by P. B. & R. Department. (c) Trees to be planted in deep root planters. DISCUSSION: Attached is a letter from Gordon Glass requesting permission to con- struct brick sidewalk; install street trees; and connect to a storm drain, all adjacent to 511 29th Street and 2901 Lafayette Avenue in Cannery Village. The location is shown on the attached sketch. Details are shown on a larger draw- ing that will be on display in the Council Chambers. The prior approval of the City Council is required for brick pavement because it is a non - standard sidewalk material. Brick pavement is not ordinarily recommended for use as City sidewalks because of the expense of maintaining it. Maintenance agreements have been en- tered into with parties desiring to use such special materials for street or sidewalk paving. Locations where this has been done include Via Oporto in Lido Village, and the sidewalk on the southerly side of Via Lido easterly of Newport Boulevard. Under the terms of these agreements the adjacent property owner is responsible for maintenance of the special paving material. Street trees are not recommended for Cannery Village because the 6- foot -wide parkways do not provide room for adequate sidewalks plus room to locate trees a sufficient distance from the curb. Existing trees planted near Y 4' August 11, 1980 Subject: Request of Gordon Glass, Archi deconstruct brick sidewalk pavement; plant street trees; and nnect an area drain to a storm drain, all adjacent to 511 29th Street and 2901 - Lafayette Avenue Page 2 the Ambrosia Restaurant are too close to the curb. It is felt that free pedes- trian movement is essential to the success of Cannery Village, and that the need for adequate sidewalk width is more °essential to the area than are street trees. However, if street trees are permitted, they should be of a type and size approved by the P. B. & R. Department; planted in a location approved by the P. B. & R. Department; planted in deep root planters; and subject to the prior execution of a maintenance agreement. The area drain connection can be handled administratively. The area to be drained behind the building is higher than the storm drain inlet so there is no danger that stoppage of the City's storm drain could back up water into the building from the rear. Benjamin B. Nolan Public Works Director KLP:jd Att. A 3 GORDON HARVIN GLASS A 1 A A R C H I T E C T City of Newport Beach 3300 DTeT -pport Boulevard Newport Beech, California 91,660 Attention: Public '.forks Department Subject: Encroachment Permit, 511 29th St. and 2901 Lafayette Ave. Gentlemen: My clients, Mr. and Mrs. Gino DiSano, 912 East Balboa Boulevard, Balboa are rehabilitating and upgrading the two subject commercial buildings they recently purchased in Cannery Village. As a part of that upgrading, and in line with the City's encouragement of enhancement of Cannery Village's charm, they would like to add certain amenities to the property: replacement of the plain concrete sidewalk with a brick sidewalk, and the Installation of four street trees, shown as items A and B on the enclosed plan. Also, in order to cure a flooding problem they inherited in the parking lot, they propose installing a drain line under the 29th St. building directly into a storm drain catch basin. This is noted as item C. Of course, the DiSanos agree to pay all costs for these improvements, including watering and maintenance of the trees. I have already discussed this with staff. Therefore, please consider this letter as their request for an Eneroohment Permit for Items A. B, and C as described above and on the enclosed plan. 4 Sln ly, r vin G1 s AIA, Architect, for Mr. and Mrs. Gino DISano July 17, 1980 Enclosures ec : ?;r. and Mrs. Gino DiSano 2562 WAVERLY DRIVE NEWPORT BEACH CALIFORNIA 92660 714. 646.5430 M E M B E R 0 F T H E A M E R I C A N I N S T I T V T E OF A R C H I T E C T S 1 � gip• 'l ^/'\\ IL \ \ 211 /2 ?. NO For G.i'\ VA OP. it R SA: A pR it% SIP ,ipi� :soA 1 a n � � \ us Zoo, �h • a a � W abG� Q \ \\ C� \\ y ♦ 9 oy N \ �! 60 L N..� o o O o '� fl 1 yl) /• to o c x 3' , ` =`rev.• � m �- m Z � bl 2vk.. st'�$ �� /� ms9 . c a N v Cl "( )TY OF NEWPORT B CH EN ROLL CALL \Sf\ \ ii ioan MINUTES I onshore mooring rate from $3.30 to $5.00 per vessel foot per year, effective January 1, 1981. Motion x 2. (District 2) Councilwoman Plummer's appointment EQCAC All Ayes of a member to the Environmental Quality Citizens (24) Advisory Committee to complete the unexpired term of Ronald B. Linsky ending December 31, 1980 was postponed to August 25, 1980. G. CURRENT BUSINESS: 1. A report was presented from the Planning Depart- 208 /SCAG ment regarding the 208 /SCAG Cooperative Agreement, Agmt Upper Newport Bay Sedimentation Control Planning. C -2203 (38) Motion x The following actions.were taken: All Ayes (a) Resolution No. 9850, authorizing the Mayor R -9850 and City Clerk to execute a Cooperative Agreement between the City of Newport Beach and SCAG, was adopted. (b) Resolution No. 9851, authorizing the Mayor R -9851 and City Clerk to execute an agreement between -the City of Newport Beach and Boyle Engineering for consultant services in connection with the 208 studies, was adopted. (c) The staff was authorized to negotiate a Memorandum of Understanding with the City of Irvine for the administration of the 208 Program. 2. A report was presented from the Public Works Gordon Glass Department regarding the request of Gordon Glass, C -2204 architect, to construct brick pavement; plant (38) street trees; and connect an area drain to a storm drain, all adjacent to 511 - 29th Street and 2901 Lafayette Avenue. Gordon Glass, representing Mr. and Mrs. DiSano, the owners of the property, addressed the Council regarding the request. Councilman Maurer proposed a motion to approve the request for the brick pavement, the tree planting and the drain connection. Mayor Pro Tem Hart asked if the maker of the motion would consider amending the motion to eliminate the trees. Motion x Councilman Maurer stated that he would present All Ayes individual motions, and made a motion to approve the brick sidewalk pavement, subject to the prior filing of a maintenance agreement which would be recorded, which motion carried. f Volume 34 - Page 189 1 nS CA ffzU� I # YOF NEWPORT F& ;,H COUNCILMEN \TPN\ Rni i C.A�Ne August 11. 1980 MINUTES - -- - -- �r Motion x The planting of street trees was approved, subject Ayes x x x x x to a) the prior filing of a maintenance agreement; !!! Noes x x b) approval of tree type, size and location by the Parks, Beaches and Recreation Department; and i c) the trees being planted in deep root planters. Public Works Director Ben Nolanstated'that the . connection of an area drain to the City storm drain could be handled administratively. 3. A report was presented from the Marine Department Boat Launchg regarding small boat launching at 18th and Bay. 18th /Bay (51) Motion x The present system was continued for the remain - All Ayes der of the summer; the staff was directed to work with residents regarding traffic and problems on the street; and the staff was further directed to study alternate access routes to the 18th Street beach. 4. A letter of proposal from Michael H. Cheney to do Upper Bay certain feasibility reports concerning the Upper Dredg Bay dredging was presented. (51) Motion The City Manager was authorized to issue a Pur- All Ayes chase Order for Mr. Cheney's services as outlined in the proposal. H. CONSENT CALENDAR: Motion x The following actions were taken as indicated except All Ayes for those items removed: 1. ORDINANCES'FOR INTRODUCTION - Removed from the Consent Calendar. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution 9852 awarding a contract to Dyno BI /Bulkhd Construction Inc. in connection with the Copg /Ph III Balboa Island Bulkhead Coping Repair, Phase R -9852 III (C- 2185); in the amount of $69,280.10. C -2185 (A report from the Public Works Department) (38) (b) Resolution No. 9853 awarding a contract to 1980/81 Seal Pavement Coatings Company in connection Coat /Ph I with the 1980 -81 Seal Coat Program, Phase I R -9853 (C- 2190); in the amount of $129,580.00. (A C -2190 report from the Public Works Department) (38) (c) Resolution No. 9854 authorizing the Mayor Resub No. 569 and City Clerk to execute an Extension R -9854 Agreement between the City of Newport Beach (38) and Bayside Square Office Building, a general partnership, in connection with the public improvements required with Resubdivi- sion No. 569. (A report from the Public Works Department) Volume 34 - Page 190