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HomeMy WebLinkAboutC-2269 - License agreement, Nonstandard Street Improvements in Resubdivision No. 631{, RECORDING REQUES11LOBY AND WHEN RECORDED RETURN TO: .6584 City Clerk City of Newport Beach EXEMPT 3300 Newport Boulevard C 8 Newport Beach, California 92663 9 , -- Vv�• ". pace Above This Line for Recorder's �c LICENSE AGREEMENT G&BK 1 '4 1 2 8 Ps 1 5 1 4 -p 40 AM JUL b'81 THIS AGREEMENT, made and entered into this 1 � day of 1981, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY," and MYERS -0. HILL LTD. dba UPPER NEWPORT PLAZA. A. City owns certain public street rights -of -way (hereafter "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 1601 Quail Street, in the City of Newport Beach, County of Orange, State of California, which real property is more particularly described in Parcel No. 3, Parcel Map 86 -33, 34 (Resubdivision No. 529), as shown on a map filed in Book 139, page 32 of Parcel Maps, Records of Orange County, California, and which real property is contiguous to the aforesaid easements. ' C. This easement also contains public utility easements. D. City has water, sewer and storm drain facilities located within said easement. E. City desires to condition approval of construction of any nonstandard street improvements over a portion of said street ease- ment containing said utility facilities. -1- • BK 14 1 2 8 Po 1 5 1 F. The parties hereto desire to execute an agreement providing for fulfillment of the conditions imposed by City on Owner as a pre- condition for the granting of permission to construct the nonstandard street improvements. NOW, THEREFORE, in consideration of their mutual promise, the parties hereto agree as follows: 1. DEFINITIONS. "Nonstandard street improvements" shall be defined as any I landscaped areas and street or sidewalk surfacing within the public street right -of -way 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 i 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 intention to do so, specifying in said notice the date of termination. City shall incur no liability whatsoever in the event of the termina- tion 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 sub- stantial 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. 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 main- tain the improvements, City may at its option, assume the maintenance -2- BK 14 12 8 Po 15 16 of the improvements and Owner agrees to pay all costs incurred by City in maintaining the improvements. 1 5. REPAIRS. City has the right to make such repairs to the improve- ments as it deems necessary for the protection of the public health, welfare and safety. Owner agrees to promptly reimburse I 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 I 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 sixty (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 improvements been installed by Owner; (C) Owner agrees to pay any costs of restora- tion of the improvements 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 re- lated 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 - 3 - i BK 14 12 8 Ps 15 17 i to the other legal remedies available to it, terminate this agree- ment, 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 pre- vailing 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 unenforce- ability 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 recordation of this License Agreement in the Office of the County Recorder of Orange County, California, and the covenants, restric- tions 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. 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. i 12. NOTICE. When notice is to be given pursuant to this agreement, it shall be addressed as follcas: CITY City of Newport Beach Office of City Attorney 3300 Newport Boulevard Newport Beach, CA 92663 OWNER Myers -0. Hill Ltd. dba Upper Newport Plaza 250 Newport Center Drive, M -100 Newport Beach, CA 92663 s ii j a '1 8K 14 12 8 PG 15 1 8 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: City Clerk APPROVED AS TO FORM: City Attorney CITY OF NEWPORT BEACH A Municipal Corporation MYERS -O. HILL LTD., dba UPPER NEWPORT PLAZA 9M ilndicidual) sT:X TS or• c,vdrolcNiA � rol:NTr OF Oil .�� 1'efnrc mc. the undersigned, a N(Ptary Public in and for said Stour, per >onn)ly appeared _ w ir W J < I.. hr I w prraun _._.. w ioF,t name__— .- -....— subscribed r in L. ihr within in.irume:nt and ncknoa'Irtlp /vl I Iha cu nv. WITNESS mry hand and official seal. Signature Name (Typed ar 1'6111ed) _. known to me ' 7 (This area for official notarial scan I o v � L�I x C5fF a u W A � ( OC u 4� Q Q { {fin Z 0 a n V QLL G O r ` Z N Q 0 C a v V O „ Auadwo: aljll i s a „ o `u c + n a u n c u _ 1 E E — I c u o � a m a 3 u a 1 o f a c E a T u u E o � « N u O _ � ue0i�awy yv ij (d lytiauy�ad�C00C wood 3 0 k 0 E v u c 0 n E CY) LO I Lo Q- 00 (N R a) S. r c -C `/ \ T c a /\ � }\ \ �� �E \ \\ / c Q) >1 4J cm) T; - �Q14/Z- • � �- ST,P�ET ` N S \ r- •y `C 8 � 1 ' • IP6-v< S, ?AFT � NORTN BR /SrOL STlZEET I- /CENSif AGREE19EN7 EX#1&1T ocOR OIVOoV- STANDARD STREET /A9Ps?t !/sr/!q�'A/T.5''� Q` � 3 _1 � l i� NO,PTN 6,P /STOL sr,PE-ET June 24, 1981 Ise 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 between the City of Newport Beach and Myers O. Hill Ltd. dba Upper Newport Plaza authczized by the City Council of Newport Beach on May 26, 1981 by Resolution 10043. Please record and return to the City Clerk's Office. Thank you, ` WANDA E. ANDERSEN City Clerk WEA:da Encl. City- Hall • 3300 Newport Boulevard, Newport Beach, California 92663 a May 28, 1981 TO: FROM: 4k CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 FINANCE DIRECTOR City Clerk SUBJECT: Contract No. 2269 Description of Contract Nonstandard Street Imrpvements in Resub 631 Effective date of Contract May 4th, 1981 Authorized by Resolution No. 10043 adopted on May 26, 1981 Contract with Myers -o. Hill Ltd. dba Upper Newport Plaza Adress 250 Newport Center Dr., M -100 Newport c , CA 92bb3 Amount of Contract (see contract) Wanda E. Andersen City Clerk WEA:bf City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, California C -z,4o� 92663 6 S Line Tor Kecorcer•s use Unty LICENSE AGREEMENT THIS AGREEMENT, made and entered into this day of �A ,l 1981, by and between the CITY OF NEWPORT BEACH, a municipal orporation, hereinafter referred to as "CITY," and MYERS -0. HILL LTD. dba UPPER NEWPORT PLAZA. A. City owns certain public street rights -of -way (hereafter "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 1601 Quail Street, in the City of Newport Beach, County of Orange, State of California, which real property is more particularly described in Parcel No. 3, Parcel Map 86 -33, 34 (Resubdivision No. 529), as shown on a map filed in Book 139, page 32 of Parcel Maps, Records of Orange County, California, and which real property is contiguous to the aforesaid easements. C. This easement also contains public utility easements. D. City has water, sewer and storm drain facilities located within said easement. E. City desires to condition approval of construction of any nonstandard street improvements over a portion of said street ease- ment containing said utility facilities. -1- 1' 11 6 F. The parties hereto desire to execute an agreement providing for fulfillment of the conditions imposed by City on Owner as a pre- condition for the granting of permission to construct the nonstandard street improvements. NOW, THEREFORE, in consideration of their mutual promise, the parties hereto agree as follows: 1. DEFINITIONS. "Nonstandard street improvements" shall be defined as any landscaped areas and street or sidewalk surfacing within the public street right -of -way 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 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 termina- tion 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 sub- stantial 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. 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 main- tain the improvements, City may at its option, assume the maintenance -2- of the improvements and Owner agrees to pay all costs incurred by City in maintaining the improvements. 5. REPAIRS. City has the right to make such repairs to the improve- ments 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 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 sixty (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 improvements been installed by Owner; (C) Owner agrees to pay any costs of restora- tion of the improvements 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 re- lated 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 - 3 - 0 • to the other legal remedies available to it, terminate this agree- ment, 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 pre- vailing 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 unenforce- ability 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 recordation of this License Agreement in the Office of the County Recorder of Orange County, California, and the covenants, restric- tions 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. 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 agreement, it shall be addressed as follows: CITY City of Newport Beach Office of City Attorney 3300 Newport Boulevard Newport Beach, CA 92663 -4- OWNER Myers -0. Hill Ltd. dba Upper Newport Plaza 250 Newport Center Drive, M -100 Newport Beach, CA 92663 L a 0 u q E a a n c a 0 E `o 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 MYARS -O. HILL Lr.M. , dba UPPER NEWPORT PLAZA APPROVED AS TO FORM: City Attorney ROBERT O. HILL, its General Partner By STATE OF CALIFORNIA COUNTY OF—OR ANGE — - -- - — on ...... Mayr 4, 1981, before me, the undersigned, a Notary Public in and for said State, personally appeared_ ROBERT O. HILL, General Partner of the --- "' - -' - -' Partnership of MYERS -O. HILL L'1D. — J� known to me to be One of _the partners of the partnership that executed the within instrument and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Signature - - - "'- Janet Crowther Name (Typed or Printed) b Ile "ilhin inrlrmnr'nT and aeknetslydprd t!rn NVITNh:9S Iny hand and official seal. -� Name (l'yped or 11riuled) 2FFICtSL. SF -L r.< • ' JANET CROWiNcR E` Ii MARY Eu CALIFORRIA YRRICIPALCFFICE IN A ORARCECOUNTY AAAA MF/ Comm, spires N rv. 27, 1'x81. (This area for f[kill notarial seal) (This area for omoiol notarial seat) (?C/AIL. ST,Pc�T �t cY 0 _ 9 QQ4 v j 5 /76.00' 'I 7 n m B ' N IF NORTH BRISTOL STREET LICENSE AGRECAfENT,XH /B /T �o&'NOAI- STANDARD srREET lMPRdVEit9ENTS'� �RESU6. a 31) lo �" f f NOC'TN B P/STOG STRUT May 15, 1981 I t TO: (I).CITY ATTORNEY (2 ) 'C ITY MANAGER (3) . CITY CLERK FROM: Public Works Department,; F ;x SUBJECT: AGREEMENT. FOR NON $T $OARV IMPROVEMENT -.RF5116D Attached are the folk' j 1. Original and two copies of an Agreement for Non- Standard Improvement. The Public Works Department has reviewed the agreement and has found it to be in order. Action requested: 1. City Attorney a Approve agreement as to form. b. Forward all copies to City Manager. ---' / ale re:olu, AP.- Oxarizing Mayor G G3erk 2, itZA ger a,: a ree nt a t ^tC a..r 1 cop to th X City Clerk a. Present agreement to City Council for approval. b. Have Mayor execute the agreement. c. Send-agreement to the Orange County Recorder for recordation. d. Retain the original of agreement for your files and return all copies to .Public Works Department. Benjamin .' . B. Nolan i Public Works Director RLH:em Att. xF' 3 ti i 4 i I 0 0 RESOLUTION NO. 1-0 0 4.3.-# A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND MYER -0 HILL LTD. DBA UPPER NEWPORT PLAZA IN CONNECTION WITH NON- STANDARD STREET IMPROVEMENTS IN RESUBDIVISION NO. 631 WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Agreement between the City of Newport Beach and MYER -0 HILL LTD. DBA UPPER NEWPORT PLAZA in connection with non - standard street improvements; 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. ATTEST: City Clerk ADOPTED this day of S 1981. Mayor HRC /pr 5/26/81 By tha i;iif COUNCIL TO: CITY COUNCIL FROM: Public Works Department SUBJECT: RESUBDIVISION NO. 631 0- May 26, 1981 CITY COUNCIL AGENDA ITEM NO. F- a (.a,) LOCATION: Parcel No. 3, Parcel Map 86 -33.34 (Resubdivision No. 529), located at 1601 Quail Street on the southwesterly side of Quail Street between Birch Street and Spruce Avenue in Newport Place DEVELOPER: Myers -0. Hill Ltd. dba Upper Newport Plaza, Newport Beach RECOMMENDATIONS: Adopt a resolution (a) approving an agreement for non - standard street improvements in Resubdivision No. 631 with Myer -0. Hill Ltd. dba Upper Newport Plaza; (b) authorizing the Mayor and the City Clerk to execute the agreement; and (c) authorizing and directing the City Clerk to have the agreement recorded with the Orange County Recorder. DISCUSSION: The developer has proposed to use a special brick to pave the drive approach on Quail Street and the drive approach on North Bristol Street. These drive approach areas are also public utility easements in which the City has sewer, water and storm drain facilities. The agreement would allow construction of the non - standard street improvements as approved by the Public Works Department and require Myers - O.Hill dba Upper Newport Plaza to be responsible for maintenance and restora- tion of those improvements. An exhibit is attached for reference. Benjamin B. Nolan Public Works Director RL:jd Att. i %QUA /L �� srPEET a 4 bl asa.o,' a VN Z 8 N 3 I/ S I n I ��rRFET F4 El Q E NoRTN BR /5T[iG STREET L /CENSE AGREEMENT EXN / ®/T FOB °M,'W- STANGL4RO STfEET /MP�PbVEMENTS'� aso d \'' °�— Exw /6/7 A of " 4 3 0 ! rEr NapTN g,p /STOL STREET