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
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LICENSE AGREEMENT
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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.
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• 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 -
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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
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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
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Oil .�� 1'efnrc mc. the undersigned, a N(Ptary Public in and for said
Stour, per >onn)ly appeared _
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< I.. hr I w prraun _._.. w ioF,t name__— .- -....— subscribed
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in L. ihr within in.irume:nt and ncknoa'Irtlp /vl
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WITNESS mry hand and official seal.
Signature
Name (Typed ar 1'6111ed)
_. known to me '
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I- /CENSif AGREE19EN7 EX#1&1T
ocOR OIVOoV- STANDARD
STREET /A9Ps?t !/sr/!q�'A/T.5''�
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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
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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)
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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.
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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.
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