HomeMy WebLinkAboutC-2299 - Indemnity Agreement in conjunction with Resubdivision No. 673100, '_
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
October 5, 1981
Lee A. Branch
County Recorder
P.O. Box 238
Santa Ana, CA 92702
Dear Mr.-Branch,
Attached for recordation is an Indemnity Agreement of E. Morris Smith
.and Ramona Smith agreeing to indemnify the City of Newport Beach, Said
agreement is regarding Resubdivision No. 673.
The said Agreement is a one -party agreement and does not require execution
by the City of Newport Beach. The attached has already been checked as to
form and is ready for recordation.
Please record and return to us.
Thank you.
Wanda E. Andersen
City Clerk
WEA:lr
cc: Public Works /P. Medina
File
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
RECORDING REQUES'i BY AND
WHEN RECORDED RETURN TO
City Clerk
City of Newport Beach
3300 Newport Blvd.,
Newport Beach, Ca. 92663
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Pry OCT B 81
INDEMNITY AGREEMENT
LEE A. BRAN"
-- E. MORRIS SMITH and RAMONA SMITH, (hereinafter referred
to as "Owners"), on this /0& day of 1981, in re-
cognition of the following facts, agree to indemnify and hold
harmless THE CITY OF NEWPORT BEACH, a Municipal Corporation,
(hereinafter referred to as "City"), as more fully set forth
below:
WHEREAS, Owners are the owners of that certain real
property (hereinafter referred to as "Property") located at 3015
East Coast Highway in the City of Newport Beach, County of
Orange, State of California, which property is more particularly
described as:
Lot 1, 2 and 3, Block H, Tract No. 323 as
shown on a map filed in Book 14, page 41
of Miscellaneous Maps, Records of Orange
County, California; and Lots 2, 4, 6, 8
and 10, Block 436, Corona del Mar Tract,
as shown on a map filed in Book 3, Page
42, of Miscellaneous Maps, Records of
Orange County, California, and all of a
vacated alley, located at 3015 East Coast
Highway, on the westerly side of East
Coast Highway between Iris Avenue and
Jasmine Avenue in Corona del Mar,
California; and
WHEREAS, a portion of the property has been leased by
Owners, as Lessors, to Newport Balboa Savings & Loan Association,
a California corporation (hereinafter "Newport"), as Lessee; and
BK 142 5 0 Po 323
WHEREAS, Newport, as Lessee, has the right to and
desires to renovate and remodel the existing commercial building
and related facilities located on that portion of the property so
leased; and
WHEREAS, there now exists beneath the surface of the
property a 42 inch public storm drain owned by City, which City
desires and intends to abandon in the future; and
WHEREAS, City, at a regularly held meeting of the
Planning Commission of the City of Newport Beach, on July 8,
1981, conditioned its approval of the renovation and remodeling
of the existing commercial building leased by Newport upon, among
other things, obtaining from Owners, certain indemnities, as set
forth below; and
WHEREAS, Owners are willing to execute an agreement
providing for fulfillment of the aforesaid condition required by
City under Resubdivision No. 673, approved by the Planning
Commission of the City of Newport Beach on January 8, 1981;
NOW, THEREFORE, in consideration of City's approval of
Resubdivision No. 673, and the renovation and remodeling of the
commercial building and related facilities, Owners agree to
indemnify and hold harmless City, its officers, agents, employees
and contractors from all demands, claims, losses or liability on
account of injury or damage to persons or property suffered or
claimed to be suffered on the property and related to the 42 inch
public storm drain now existing below the surface of the
property, when the date of the event or occurrence resulting in
such loss, damage or injury is subsequent to the cessation of use
and abandonment of said storm drain by City, and provided that any
such event or occurrance is not caused by the wrongful or negligent
act or omission to act of City.
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This agreement shall run with the land and shall be
binding upon the heirs, successors and assigns of Owners and
shall be recorded in the Office of the County Recorder of Orange
County, California.
IN WITNESS WHEREOF, Owners have caused this document to
be executed on the day and year first above written.
E. Morris Smith
Ramona Smith
STATE OF CALIFORNIA )
SS
COUNTY OF ORANGE )
On the L day of1981, before me, the under-
signed, a Notary Public in and for said State, personally appear-
ed E. MORRIS SMITH and RAMONA SMITH, whose names are subscribed
to the within instrument and acknowledged to me that they execut-
ed same.
WITNESS my hand and official seal.
CFF rr L SEAL 9
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IN Notary Publ
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