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HomeMy WebLinkAboutC-2205 - Non-standard Street Improvements in the Public Right-of-Way along East Coast Highway, adjacent to Home Federal Savings and Loan,RECORDING REQUESTED BY AND WHEN RECORDED RETU TO: Examp rewdingr Pw Gmernmew code $103 City Clerk 82-293493 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 ON -1. BNE 0. EXEMPT C1 0 -ORANGE COUNW, CALIFORNIA SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY Gm.!F- SEP 3 1982w ORIG"AL LICENSE AGREEMENT THIS AGREEMENT is made and entered into this day 0',',. 1982, by and between the CITY OF NEWPORT BEACH,>hereln after referred to as "CITY" and HOME FEDERAL SAVINGS AND LOAN, herein- after referred to as "OWNER". WITNESSETH WHEREAS, the OWNER desires to construct non-standard improvements over City -owned right-of-way (hereinafter "Easement") along the southerly property line of a portion of Block 93, Irvine's subdivision located at 2370 East Coast Highway, Newport Beach, and which Easement is more particularly described in Exhibit "A" attached hereto and by reference incorporated herein; and WHEREAS, the parties hereto desire to execute Agreement providing for the construction of non-standard improvements within the Easement; NOW, THEREFORE, in consideration of their mutual promises, the parties hereto agree to the following: 1. DEFINITIONS "Non-standard improvements" shall be defined as a monument sign. 2. RIGHTS OF OWNER OWNER may construct, reconstruct, install, maintain, use, operate, repair and replace said improvement, 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 Exhibit "A" hereto. 3. RESTORATION Should CITY be required to enter onto the Easement to maintain, `O remove, repair, renew, replace or enlarge the existing public utilities, the ' CITY may remove all or part of the improvements and in such event the OWNER ,...� 1 of 2 82--293593 agrees to pay any costs of restoration of the improvements. 4. OWNER agrees to indemnify and hold harmless CITY, its officers, agents, and employees from all demands, claims, losses or liability on account of injury or damage to persons or property on account of injury or damage suffered or claimed to be suffered as a result of the existence and use of the aforementioned "non-standard improvements." 5. It is mutually agreed that this Agreement shall terminate eighteen (18) months from the date of execution, unless earlier terminated as provided herein. In the event the CITY desires to use the Easement for street purposes, CITY may terminate this Agreement by giving sixty (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. This Agreement shall be recorded in the Office of the County Recorder of Orange County, California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and entered into the day and year first above written. ATTEST: n City Clerk APPROVED AS TO FORM 1�_454e/ // 00-� City Attorney 2 of 2 CITY OF NEWPORT BEACH, a Municipal Corporation By May r HOME FEDER L SAVINGS & LOAN By BY 'Individual) 82_293493 STATE OF CALIFORNIA ) SS. COUNTY OF SAN DIEGO ) On JUNE 25, 1982 before me, the undersigned, a Notary Public in and for said State personally appeared THOMAS M McMAHON, VTCF PRFSTOFNT AND ROBERT G. ANAYA, VICE PRESIDENT , known to me to be the persons whose names are subcribed to the within instrument and acknowledged that I executed the same. WITNESS my hand,and official seal. Signature SANDI HALE Name (Typed or Printed OFFICIAL SEAL SANDI MALE NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY MY Commission Expires April 24, 1954 82--293493 STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On this 2nd day of August , in the year 1982 before me, the undersigned, a Notary Public in and for said State, personally appeared Jacqueline E Heather known to me to be they Mayor of the City of Newport Beach and Wanda E. Andersen , known to me to be the City Clerk of the City of Newport Beach and known to me to be the persons who executed the within instrument on behalf of said governmental agency, and acknowledged to me that such governmental agency executed the same. WITNESS my hand and official seal. OFFICIAL SEAL DOROTHY L. PALEN Signature NOTARY PUBLIC • CAMORNIA PRINCIPAL OFFICE IN Dorothy L. Palen(9 ORANIXCOUNTY F-- MV COmia 0 EzPM Apel 5,1%5 cc 2 .4M# LSVOO .LSV -7 L?,Yn a VN115^1X9 -LIPVb7d Asn .c9 _.. ' n /V9/s 1N�wnNoW k ax.Lt'N1W17771 Rely ped93,purl '/V/IW log �-- 3/Y17r0114 wO .LIISI Y t podtoop"I i yL1iR1 I 0 August 2, 1982 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92663 -3884 OFFICE OF THE CITY CLERK (714) 640 -2251 Lee Branch Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 Dear Mr. Branch: Enclosed for recordation are three documents: 1. License Agreement between the City of Newport Beach and Home Federal Savings & Loan for non - standard improvements over City -owned r -o -w, approved by Council on July 26, 1982. 2. Land Use Agreement between the City of Newport Beach and Inverness Associates for construction of certain permanent improvements over a City sewer, approved by Council on July 26, 1982. 3. Irrevocable Offer of Dedication of Chuck's Steak House, Inc. to the City of Newport Beach accepted by the City Manager as authorized by City Council by Resolution No. 6773. Please record and return to us. Sincerely, Wanda E. Andersen City Clerk WEA:lr encs. 3300 Newport Boulevard, Newport Beach 011W AUe�_ July 26, 1982 CITY COUNCIL AGENDA JUL 26 1982 ITEM NO. F- ZS4rc_t41 TO: CITY COUNCIL By the CITY COUNCIL CITY OF NEWPORT B ACH FROM: Public Works Department SUBJECT: L'I ENSE..AGREFJ!1EN7 1011 NWSTANDARD IMPROVEMENT SON THE PUBLIC RIGHT- OF ACENT TO HOME FEDERAL SAVINGS AND LOAN (USE PERMIT NO. 1924 AMENDED) DEVELOPER: Home Federal Savings & Loan RECOMMENDATIONS: 1. Approve an agreement for non - standard street improvements in the public right -of -way with Home Federal Savings & Loan, and authorize the Mayor and the City Clerk to execute the agreement. 2. Authorize and direct the City Clerk to have the agreement recorded with the Orange County Recorder. DISCUSSION: On April 14, 1980, the City Council conditionally approved an encroach- ment permit with California Federal Savings & Loan Association under Use Permit No. 1924 to install one temporary monument sign in the public right -of -way along East Coast Highway. One of the conditions of approval was to provide a surety in the amount of $2,000 to guarantee the removal of the monument sign upon 60 days' notice by the City. The $2,000 surety was provided in the form of cash, along with an appropriate agreement. The agreement allowed construction of the monument sign, as previously approved by the City Council, and required that California Federal Savings & Loan be responsible for maintenance and removal of the monument sign. On February 4, 1982, the Planning Commission approved Use Permit No. 1924 (Amended) for Home Federal Savings & Loan Association. Home Federal Savings & Loan Association has requested permission to use the temporary monument sign constructed by California Savings & Loan Association rather than having the sign removed. Home Federal Savings & Loan has executed an appropriate agreement guaran- teeing maintenance and removal of the monument sign and California Federal Savings & Loan has executed an assignment agreement with Home Federal assigning their $2,000 cash deposit guaranteeing removal of the monument sign to Home Federal Savings & Loan. A copy of the City Council memo approving the encroachment permit and agr ement is attached for reference, along with a location map. I Benjamin B. Nolan Public Works Director RLH:rb Att. 2 Apri 1 14, 1980 CITY COUNCIL AGENDA ITEM NO. G -1 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: ENCROACHMENT PERMIT TO ALLOW CALIFORNIA FEDERAL SAVINGS AND LOAN TO INSTALL A MONUMENT SIGN IN THE PUBLIC RIGHT -OF -WAY AT 2340 EAST COAST HIGHWAY RECOMMENDATION: If desired, approve the application for an encroachment to install one monument sign in the public right -of -way subject to the condition that the sign will be removed upon 60 days' notice from the Public Works Director and that a $2,000 bond be posted to guarantee this removal. DISCUSSION: On March 6, 1980, the Planning Commission conditionally approved Use Permit No. 1924 for California Federal Savings and Loan to construct a temporary facility at 2340 East Coast Highway. California Federal had proposed to install a monument sign in the Coast Highway right -of -way at the location shown on the attached sketch. The Planning Commission approved the installation of the sign with the conditions that the sign be removed from the East Coast Highway right - of -way within 60 days of notice being given by the City and that an encroachment permit be obtained and authorized by the City Council. Council Policy L -6 "Private Encroachments in Public Rights -of -Way" considers the installation of a sign in the right -of -way to be a Category A encroachment requiring prior Council approval and a permit from the Public Works Department. Two years ago, The Irvine Company dedicated an additional 53.5 feet of right -of -way along Coast Highway for future widening. The Public Works Department is currently preparing an F.A.U. project to accomplish this widening in two to three years. Until the widening takes place there will be approxi- mately fifty feet between the curb and right -of -way line. The temporary installation of a single monument sign in the right -of -way will not affect the City's ability to utilize the right -of -way. To insure this, it is recommended that the applicant be required to remove the sign within 60 days after the Public Works Director gives them notice and that a $2,000 bond be posted to insure that the sign is removed. Use Permit No. 1924 has a two -year term with a possible extension of one year. California Federal Savings and Loan has indicated that they only plan to use these temporary facilities for two years while they are constructing a permanent facility. APPROVED BY CITY COUNCIL DATE-7 - / L ,QQ C April 14, 1980 Subject: Encroachment Permit to allow California Federal Savings and Loan to install a Monument Sign in the Public Right -of -Way at 2340 East Page 2 Coast Highway. c The Bank of Newport temporary facilities, just west of the California Federal parcel, have both a sign and building encroaching into the Coast Highway right -of -way. These are presently allowed under a license agreement. A new use permit approved by the Planning Commission will require that the encroaching facilities be removed upon 60 days' notice after June 30, 1981. California Federal Savings and Loan has applied for the necessary encroachment permit and agrees to the conditions previously mentioned. / )44 Benjamin B. Nolan Public Works Director DW:do Att. 0 .1AA6 "Ooo/ _J ol_VD- MT� • TO: (1) CITY ATTORNEY (2) CITY MANAGER (3) CITY CLERK FROM: Public Works Department July 13, 1982 SUBJECT: LICENSE AGREEMENT FOR USE PERMIT NO. 1924 (AMENDED) Attached are the following: 1. Original and two copies of a License Agreement. The Public Works Department has reviewed the Agreement and has foung it to be in order. Action requested: 1. City Attorney a. Approve Agreement as to form. b. Forward all copies to City Manager c. Prepare action authorizing Mayor and City Clerk to execute Agreement. 2. City Manager a. Approve Agreement as to sufficiency. b. Forward all copies to the City Clerk. 3. City Clerk a. Present Agreement to City Council for approval. b. Have Mayor execute the Agreement. c. Send Agreement to the Orange County Recorders Office for recordation. d. Retain original of agreement for your files and return all copies to Public Works Department. J'Z�kv"" "06�- Benjamin B. Nolan Public Works Director Swann Att. .y • t In consideration of the payment of Sixty -Seven Thousand Dollars ($67,000), CALIFORNIA FEDERAL SAVINGS AND LOAN ASSOCIATION (hereinafter California Federal) hereby: (1) Sells and transfers to HOME FEDERAL SAVINGS AND LOAN ASSOCIATION (hereinafter Home Federal) all of California Federal's right, title and interest in and to the carpets, drapes, safe, teller counter, kitchen cabi- nets and sink and landscaping located in and around that building and real property more fully described in Exhibit A which is attached hereto; and (2) assigns to Home Federal all of California Federal's right, title and interest in and to that certain Conditional Use Permit No. 1924, issued by the City of Newport Beach, together with a $2,000 cash deposit with said City to guarantee the removal of the appro ved monument sign. Copies of said Use Permit and Receipt as evidence of said deposit are attached hereto as Exhibits "B" and "C ", respectively. California Federal hereby represents and warrants to Home Federal that (a) California Federal has valid legal title to the property and interests transferred hereunder, and said interests are unencumbered by any rights in favor of third parties; (b) there are no uncured defaults under any lease or license agreement governing California Federal's use of the property and interests being transferred hereunder or the real property which is the situs of such property or interests; (c) California Federal has complied with all requirements for performance under the above referenced Condition- al Use Permit; and (d) no substantial changes have been made nor will be permit- ted to be made, to the property or interests being transferred hereunder between the date such property or interests were inspected by tome Federal and the effective date of transfer as set forth herein. Other than as set forth above, Home Federal acknowledges and agrees that California Federal has made no warranties or representations, either expressed or implied, relating to the property or interests transferred hereunder, and that tome Federal is purchas- ing the property in an "as is" condition. E Title to the above referenced property and interest shall be transferred to Hone Federal on June 14, 1982. California Federal shall retain title to the property and interests set forth above through and including June 13, 1982, after which time California Federal shall relinquish possession of the property and interest to Home Federal. On or before June 13, 1982, California Federal shall vacate the above referenced real property and remove any furniture, personal property, and trade fixtures except for those items transferred to Home Federal as set forth above. Hone Federal shall have the right to possess the property and occupy the above referenced premises on or after June 14, 1982, but shall not be open to or otherwise conduct business with the public prior to July 1, 1982. California Federal agrees to indemnify and hold Home Federal harmless from any and all claims, liabilities and other expenses of every nature and character, including attorney's fees, which may be incurred by Home Federal arising out of the use of the above referenced real and personal property by California Federal prior to the effective date of transfer. Home Federal agrees to indemnify and hold California Federal harmless from any and all claims, liabilities and other expenses of every nature and character, including attorney's fees, which may be incurred by California Federal and arising out of Home Federal's use of the above referenced real and personal property from and after the effective date of transfer. cooperate with Ho Fede al in obtaining California Federal agrees that it wi y ebta3a any approv . C or consents necessary for it to transfer any of the above described property rights under this Agreement, and it is understood that all expenses inci will be paid by Home Federal. Ibis Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. No supplement, modification or amend- ment of this Agreement shall be binding unless in writing and executed by the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions, nor shall any waiver be a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. Dated June 8, 1982 California Federal Savings $ Loan Associations Hone Federal Savings $ Loan Associ- ation of Diego By 0 TEMPORARY SAVINGS & LOAN SITE 2340 EAST COAST HWY., NEWPORT BEACH, CA , REAL PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE. STATE Of CALIFORNIA, DESCRIBED AS. THAT PORTION OF BLOCK 93 OF IRVINE'S SUBDIVISION, AS PER MAP FILED IN BOOK 1. PAGE B8 OF MISCELLANEOUS RECORD MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COI-VIENCING AT THE MOST SOUTHERLY CORNER OF PARCEL 1. AS PER MAP FILED IN BOOK 7�, PAGE 47 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE NORTH 40 32' 33" EAST 53.50 FEET ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL TO THE NORTHEASTERLY LINE OF PARCEL 3 OF THE EASEMENT TO THE CITY OF NEWPORT BEACH RECORDED JULY 6, 1977 1N BOOK 12277, PAGE 1310 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 49° 27' 27" EAST, 197.50 FEET ALONG SAID NORTHEASTERLY LINE TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1580.50 FEET SAID POINT-BEING THE TRUE POINT gF BEGINNING; THENCE RETURNING ALONG SAID NORTHEASTERLY LINE NORTH 49 27' 27" WEST, 88.00 FEET; THENCE AT RIGHT ANGLES NORTH 40° 32' 33" EAST. 110.00 FEET; THENCE PARALLEL WITH AID NORTHEASTERLY LINE AND ITS SOUTHEASTERLY PROLONGATION SOUTH 49 27' 27" EAST, 236.77 FEET, THENCE 504011 25 2506" W6s 0. 47f6fr00ACZI^21 CONCAVE -NOR THWESTERLY, HAVING A RADIUS OF 157.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20.56 52" AN ARC LENGTH OF S740'FEET TO THE END OF SAME; THENCE SOUTH 460 22' 00" WEST, 59.86 FEET TO SAID CURVED NORTHEASTERLY LINE•- THENCE NORTHWESTERLY ALONG SAID LINE THROUGH A CENTRAL ANGLE OF 5d 21' 1140 AN ARC DISTANCE OF 147.66 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 24;,7,?9SQUARE FEET, MORE OR LESS. EXHIBIT "Are, (• • USE PERMIT AGREEMENT THIS AGREEMENT, made and entered into this 27th �N day of -blab w �� 19 80 , by and between California li Federal Savings & Loan Association hereinafter referred to as "Permittee," and the CITY OF NEWPORT BEACH, a municipal corporation, organized and existing under and by virtue of its Charter and the Constitution and laws of the State of California, hereinafter referred to as "City;" W I T N E S S E T H: WHEREAS, Permittee proposes to develop land within the City of Newport Beach pursuant to use permit No. and WHEREAS, Permittee proposes to construct street and other public improvements in connection with said use permit as required by the Newport Beach Municipal Code and as hereinafter provided; and WHEREAS, the provisions of Section 20.80.060 of the Newport Beach Municipal Code provide for conditional approval of a use permit application to guarantee installation and completion of required public improvements; NOW, THEREFORE, in consideration of their mutual promises, the parties hereto agree as follows: 1. Permittee agrees to complete all improvement work in accordance with plans and specifications approved by the Public Works Director, required by the Planning Commission — as a condition of approving the use permit. The conditions imposed by the Planning Commission are incorporated herein by reference and made a part hereof as though fully set forth. Permittee agrees to complete said improvements within a period of months from the date hereof. Revised 3/78 �Xhihit ��✓�� d 2. Said improvements shall be completed to the satisfaction of the City Engineer of City, and Permittee shall pay the costs of inspection of said work in accordance with the established schedule of charges for inspection heretofore adopted and on file in the Director of Public Works' office. 3. If Permittee shall fail to complete said improve- ments within the period set out above, City may resort to any security deposited by Permittee or call upon the surety for Permittee to pay for said improvements or to supply the money for the completion of said improvements in accordance with this contract. Permittee shall also be responsible for said improvements and the cost thereof. 4. The time within which said improvements must be completed, as set out in paragraph 1 hereof, may be extended by the City Council upon the request of Permittee when the City Council determined that circumstances justify an extension of time. 5. Permittee shall file with this agreement with City a bond or other security as provided in the Newport Beach Municipal Code in an amount of the Director of Public Works' estimate of the cost of said improvements and the amount of inspection fees which are not covered by any deposit made by the Permittee for said fees, the purpose of which shall be to assure full and faithful performance by Permittee of the work of construction of said improvements and payment to City of said inspection charges. 6. Permittee agrees to indemnify and hold harmless City and its officers, agents and employees from all demands, claims, losses or liability on account of injury or damage to persons or property suffered or claimed to be suffered in, on or around the subdivision by any person as a result of any act -2- or omission by Permittee or his agents or employees between the date Permittee begins work on the use permit and the date the improvements are completed and accepted by City. IN WITNESS WHEREOF, Permittee has executed this agreement and the City of Newport Beach has caused its corporate name and seal to be affixed by its Mayor and City Clerk thereunto duly authorized as of the day and year first above written. CITY OF NEWPORT BEACH B Y /v /_ Mayor By ' City 'le Approved as to sufficiency: Rq,l '-�L _ ` City Manager Approved as to form: City Attorney -3- CITY PERMITTEE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 W. Newport Boulevard TO: California Federal 5670 Wilshire Boulevard Los Angeles, CA 90036 ATTENTION: James Mears SUBJECT: License Agreement - Use Permit 1924 We are transmitting the following: 11 Date August 14, 1979 No. Copies Description Remarks: Receipt for the $2,000 check on deposit with the City of Newport Beach to guarantee the removal of the approved monument sign. Attached is a receipt fo the $2000 check for your file. R. L. Hof stadt Subdivision Engineer RLH:em Att. '!1%cA7V OfF /� �,H So 1. gee lid [DIpD Ex�ld�� 'Ic + -- -----*------------------------------------ 1 CITY OF NEWPORT BEACH RECEIPT i 9 NEWPORT BEACH. CALIFORNIA 92663 No. 126.00 > I U I /y co 1 I RECEIVED FROM FOR -:iG J(JOA irr> i/ X9.2 I 77 1 I 1 Ul I'AM 1 MI.hl .. 1.- _- ....._ 1 +--------- - - - - -- ------------------- - -__ -. CITY OF NEWPORT BEACH <, Date November 18, 9980 TO: Public Works Department FROM: City Clerk SUBJECT: Contract No. 2205 Project AgseAmAnt €es right nf�.� _�t�entc Attached is signed copy of subject contract for transmittal to the contractor. Contractor: California Federal Savings and Loan Address: 2370 Fast Coast Highway, Newport Beach Amount: $ Effective Date: August 25, 1980 Resolution No. 9872 Att. cc: Finance Department Q City IIall 3300 Newport Boulc%ard, Newport Beach, California 92663 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 October 17, 1980 Lee A. Branch County Recorder P. O, Box 238 Santa Ana, Ca 92702 Dear Mr. Branch: Attached for recordation is the executed original agreement between the City of Newport Beach and California Federal Savings and Loan for Non - Standard Improvements in the Public Right -Of -Way. Said agreement was authorized by the City Council of the City of Newport Beach on August 25, 1980 by the adoption of Resolution No. 9872. Please record and return to us. Very, truly yours, DORIS GEORGE City.Clerk City of Newport Beach DG:bf - attach.. Citv Hall • 3300 Ncµ Dort Boulevard, Newuort Beach_ Ca1Anrn;a 99f;Aq RECO DING WHENRRECORDEDURET' BY 46263 8u 13 3 1 3n6 1 1 1 City Clerk City of Newport Beach 3300 Newport Boulevard N.gwAQ_rt Beach, CA 92663 fig ' EXEMPT Cl RECORDED IN OFFICIAL RECORDS OF ORANGE COuIV,TY, CALIFORMIA 15 Min- PatOGT 30190 LEE A. BRANCH, Co my Bsa xri W RECORDER'S USE ONL LICENSE AGREEMENT THIS AGREEMENT is made and entered into this L day of after referred to as "OWNER." WITNESSETH WHEREAS, the OWNER desires to construct permanent improvements over City -owned right-of-way (hereinafter "Easement") along the southerly property line of a portion of Block 93, Irvine's subdivision located at 2370 East Coast Highway, Newport Beach, and which Easement is more particularly described in Exhibit "A" attached hereto and by reference incorporated herein; and WHEREAS, the parties hereto desire to execute Agreement providing for the construction of non-standard improvements within the Easement; NOW, THEREFORE, in consideration of their mutual promises, the parties hereto agree to the following: 1. DEFINITIONS "Non-standard improvements" shall be defined as a monument sign. 2. RIGHTS OF OWNER OWNER may construct, reconstruct, install, maintain, use, operate, repair and replace said improvement, 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 Exhibit "A" hereto. 3. RESTORATION Should CITY be required to enter onto the Easement to maintain, remove, repair, renew, replace or enlarge the existing public utilities, the CITY may remove all or part of the improvements and in such event the OWNER agrees to pay any costs of restoration of the improvements. -1- , 1980, by and between the CITY OF NEWPORT BEACH, herein- after r ferred to as "CITY" and CALIFORNIA FEDERAL SAVINGS AND LOAN, herein- after referred to as "OWNER." WITNESSETH WHEREAS, the OWNER desires to construct permanent improvements over City -owned right-of-way (hereinafter "Easement") along the southerly property line of a portion of Block 93, Irvine's subdivision located at 2370 East Coast Highway, Newport Beach, and which Easement is more particularly described in Exhibit "A" attached hereto and by reference incorporated herein; and WHEREAS, the parties hereto desire to execute Agreement providing for the construction of non-standard improvements within the Easement; NOW, THEREFORE, in consideration of their mutual promises, the parties hereto agree to the following: 1. DEFINITIONS "Non-standard improvements" shall be defined as a monument sign. 2. RIGHTS OF OWNER OWNER may construct, reconstruct, install, maintain, use, operate, repair and replace said improvement, 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 Exhibit "A" hereto. 3. RESTORATION Should CITY be required to enter onto the Easement to maintain, remove, repair, renew, replace or enlarge the existing public utilities, the CITY may remove all or part of the improvements and in such event the OWNER agrees to pay any costs of restoration of the improvements. -1- BK 133 1 3p 112 4. OWNER agrees to indemnify and hold harmless CITY, its officers, agents, and employees from all demands, claims, losses or liability on account of injury or damage to persons or property on account of injury or damage suffered or claimed to be suffered as a result of the existence and use of the aforementioned "non-standard improvements." 5. It is mutually agreed that this Agreement shall terminate two (2) years from the date of execution, unless earlier terminated as provided herein. In the event the CITY desires to use the Easement for street purposes, CITY may terminate this Agreement by giving sixty (60) days' notice of its inten- tion 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. This Agreement shall be recorded in the Office of the County Recorder of Orange County, California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and entered into the day and year first above written. ATTEST: City Clerk APP OVED AS TO ,F,ORM My Attorney CITY OF NEWPORT BEACH, a Municipal Corporation •` q• CALIFORNIA FEDERAL SAVINGS & LOAN - 2 - 0 TO: (1) CITY ATTORNEY (2) CITY MANAGER (3) CITY CLERK FROM: Public Works Department a August 14, 1980 SUBJECT: LICENSE AGREEMENT FOR THE CALIFORNIA FEDERAL MONUMENT SIGN USE PERMIT NO. 1924 Attached are the following: 1. Original and two copies of a License Agreement. The Public Works Department has reviewed the agreement and has found it to be in order. A check in the amount of $2,000. has been deposited to guarantee the removal of the approved monument sign. Action requested: 1. City Attorney a. Approve agreement as'to form. b. Forward all copies to City Manager c. Prepare resolution authorizing Mayor and City Clerk to execute agreemtnt. 2. City Manager a. Approve agreement as to sufficiency. b. Forward all copies to the City Clerk. 3. City Clerk a. Present agreement to City Council for approval. b. Have Mayor execute the agreement. c. Have agreement recorded in the office of the County Recorder of Orange County, California. d. Retain original of agreement for your files and and return all copies to Public Works Department. Benjamin B. Nolan Public Works Director P.LH: em Att. This is t ertify that the interest in r property conveyed by the deed or grant dated June 17 , from CALIFORNIA FEDERAL SAVINGS & LOAN to the City of Newport Beach, a municipal corporation, is hereby accepted by the City Manager on the 25th day of AUGUST . lg 80 and the grantee consents to recordation thereof by its duly authorized officer. ROBERT L. WYNN, CITY MANAGER I Dated August 25, 1980 Authorized by City Council Resolution No. 6773 0 August 29, 1980 Lee A. Branch County Recorder P. O. Box 238 Santa Ana, Ca 92702 Dear Mr. Branch: 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 Attached for recordation is the executed original agreement between, the City of Newport Beach and California Federal Savings and Loan for Non - Standard Improvements in the Public Fight- O£ -Way. Said agreement was authorized by the City Council of the City of Newport Beach on August 25, 1980 by the adoption of Resolution. No. 9872. Please record and return to us. Very truly yours, DORIS GEORGE City Clerk City of Newport Beach DG; b£ attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 ti AUG 2 � 1980 !y *6 CITY CGUNCIL C11Y OF NBWPW MACH TO: CITY COUNCIL FROM: Public Works Department August 25, 1980 CITY COUNCIL ITEM N0. SUBJECT: LICENSE AGREEMENT FOR NON- STANDARD IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY ADJACENT TO CALIFORNIA FEDERAL SAVINGS AND LOAN (USE PERMIT 1924) DEVELOPER: California Federal Savings & Loan RECOMMENDATIONS: 1. Adopt a resolution approving an agreement for non - standard street improvements in the public right -of -way with Cali- fornia Federal Savings and Loan, and authorize the Mayor and the City Clerk to execute the agreement. 2. Authorize and direct the City Clerk to have the agreement recorded with the Orange County Recorder. DISCUSSION: On April 14, 1980, the City Council conditionally approved an Encroachment Permit to install one temporary monument sign in the public right -of -way along East Coast Highway. One of the conditions of approval was to provide a surety in the amount of $2,000 to guarantee the removal of the monument sign upon 60 days' notice by the City. The $2,000 surety has been provided in the form of cash, along with an appropriate agreement. The agreement will allow construction of the monument sign, as previously approved by the City Council, and require that California Federal Savings and Loan be responsible for maintenance and removal of the monument sign. A copy of the City Council memo approving the Encroachment Permit and a location map is attached for reference. Benjamin B. Nolan Public Works Director RLH:do Att. 7� STATE OF CALIFORNIA ) BK 13 8 13 p 13 COUNTY OF ORANGE } ss On this day of in the �9 year before me, the undersign d, Notary Public in a d for said State, personally appeared known to me to be !�!the of s City of Newport Beach and known to me to be the erson who executed the within instrument on behalf of said governmental agency, and acknowledged to me that such. governmental agency executed the same. �������°`® ��4$969ALSEAL•�"�° WITNESS my hand and official seal:� � Via.. OFFIGAl. SEAL Ey DOROTHY L. PATEN ® xG`s"? °: s/ C s NOTARY PUBLIC CALIFORN P 14 PRINCIPAL OFFICE IN .11 Signature , 0 ORANGE CCUNi r O My Commission Expires Feb. 9, 1981 $ Dorothy L. alen bo.00000000000...0000000.0.®�: STATE OF CALIFORNIA , oVNTY o� Los ANgeles )} SS. On June ,] 7 ., ] 9Q before me, the undersigned, a Notary Public in and for said State, personally appeared ***,TAMPS- ('._ MEARS an) jaMFS-R= $jJTT.Ti!R**fie, I/ -A -. NID• I It Sc 0 Li 0 U 5 , m I f c v U w g 0 0 LL UJ z !g z 3 LLJ OLL It Sc f c v U w g 0 0 LL UJ z !g z 3 LLJ OLL BK 13 3 13 po j BI-vo. h Wti .h •fig T (D Q u Q n z LU t �W a m LjjLL - i �� 00 �t 2 r� i CL LLJ LL ®9 , Kl W Jo Q W O LJL aWPll�� Q V 114 PA t • April 14, 1980 CITY COUNCIL AGENDA ITEM NO. G -1 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: ENCROACHMENT PERMIT TO ALLOW CALIFORNIA FEDERAL SAVINGS AND LOAN TO INSTALL A MONUMENT SIGN IN THE PUBLIC RIGHT -OF -WAY AT 2340 EAST COAST HIGHWAY RECOMMENDATION: If desired, approve the application for an encroachment to install one monument sign in the public right -of -way subject to the condition that the sign will be removed upon 60 days' notice from the Public Works Director and that a $2,000 bond be posted to guarantee this removal. DISCUSSION: On March 6, 1980, the Planning Commission conditionally approved Use Permit No. 1924 for California Federal Savings and Loan to construct a temporary facility at 2340 East Coast Highway. California Federal had proposed to install a monument sign in the Coast Highway right -of -way at the location shown on the attached sketch. The Planning Commission approved the installation of the sign with the conditions that the sign be removed from the East Coast Highway right - of -way within 60 days of notice being given by the City and that an encroachment permit be obtained and authorized by the City Council. Council Policy L -6 "Private Encroachments in Public Rights -of -Way" considers the installation of a sign in the right -of -way to be a Category A encroachment requiring prior Council approval and a permit from the Public Works Department. Two years ago, The Irvine Company dedicated an additional 53.5 feet of right -of -way along Coast Highway for future widening. The Public Works Department is currently preparing an F.A.U. project to accomplish this widening in two to three years. Until the widening takes place there will be approxi- mately fifty feet between the curb and right -of -way line. The temporary installation of a single monument sign in the right -of -way will not affect the City's ability to utilize the right -of -way. To insure this, it is recommended that the applicant be required to remove the sign within 60 days after the Public Works Director gives them notice and that a $2,000 bond be posted to insure that the sign is removed. Use Permit No. 1924 has a two -year term with a possible extension of one year. California Federal Savings and Loan has indicated that they only plan to use these temporary facilities for two years while they are constructing a permanent facility. APPROVED BY CITY COUNCIL. DATE- e - J 41 -,e© i 0 April 14, 1980 Subject: Encroachment Permit to allow California Federal Savings and Loan to install a Monument Sign in the Public Right -of -Way at 2340 East Coast Highway. Page 2 The Bank of Newport temporary facilities, just west of the California Federal parcel, have both a sign and building encroaching into the Coast Highway right -of -way. These are presently allowed under a license agreement. A new use permit approved by the Planning Commission will require that the encroaching facilities be removed upon 60 days' notice after June 30, 1981. California Federal Savings and Loan has applied for the necessary encroachment permit and agrees to the conditions previously mentioned. Benjamin B. Nolan Public Works Director DW:do Att. 4 , AUG 2 5 1980 b. p,. C1Y Of c +ucI H 0 RESOLUTION NO. 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND CALIFORNIA FEDERAL SAVINGS & LOAN IN CONNECTION WITH NON- STANDARD IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY ADJACENT TO CALIFORNIA FEDERAL SAVINGS AND LOAN (Use Permit No. 1924) 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 California Federal Savings and Loan in connection with non - standard improvements in the public right- of-way adjacent to California Federal Savings and Loan (Use Permit No. 1924 and; WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds them to be satisfactory and that it would be in the best interest of the City to execute said.agreement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the 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 25th day of August, 1980. Mayor ATTEST: City Clerk 081880