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Home My WebLink AboutC-2301 - License Agreement, Non-Standard ImprovementRELORDING REQUESTED BY AN n WHEN ',ECORDE RETURJ , City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 365"75 EXEMPT C12 BES 1 4272P 1000 RE o U 1N oFE1C%RECo1V5 of o1UNGE COUNTY. LIFORNII► _1V PM pCT28'8i tEE. ®RANCH. County Recorder Space Above Isis Line for Kecorder's Use Unly NP LICENSE AGREEMENT -T-HIS AGREEMENT, made and entered into this day of 1981, by and between the CITY OF NEWPORT BEACH, a municipal corporation, herein after referred to as "CITY," and BAYSIDE SQUARE OFFICE BUILDING, a California general partnership, hereinafter referred to as "OWNER," is made with reference to the following facts: A. CITY owns a certain public access easement (hereafter "EASEMENT") located in the City of Newport Beach, County of Orange, State of California, which EASEMENT is more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein. B. OWNER owns that certain real property located at 1101 Bayside Drive in the City of Newport Beach, County of Orange, State of California, which real property is more particularly described as Parcel 1 as shown on a map as filed in Book 133, pages 14 and 15, of Parcel Maps, Records of Orange County, California, and which real property is contiguous to the aforesaid easement. C. CITY desires to condition approval of construction of any non- standard improvements over said EASEMENT. D. The parties hereto desire to execute an Agreement providing for fulfillment of the conditions imposed by CITY on OWNER as a pre -condition for granting of permission to construct the nonstandard improvements. NOW, THEREFORE, in consideration of their mutual promises, the parties hereto agree as follows: 1. DEFINITIONS "Nonstandard improvements" (hereafter "improvements") shall be defined to include landscaped areas and sidewalk surfacing which is not con- structed of asphaltic concrete or natural colored Portland cement concrete and/or finished in a customary fashion. -1- BK 1 4272p 1®®1 2. RIGHTS OF OWNER 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 that certain EASEMENT described in Exhibit "A" hereto. 3. 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 I pay all costs incurred by CITY in maintaining the improvements. 4. 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. 5. 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. 6. 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 cost incurred. 7. SEVERABILITY The provisions of this Agreement are independent and severable, and the invalidity or partial invalidity or unenforceability of any one pro- vision or portion thereof shall not affect the validity or enforceability of any other provisions hereof. - 2 - BK 1 4272p 1002 8. RECORDATION Each of the parties hereto specifically consents to the recorda- tion of this License Agreement in the Office of the County Recorder of Orange County, California, and the covenants, restrictions 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. 9. 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. 10. NOTICE When notice is to be given pursuant to this Agreement, it shall be addresses as follows: CITY City of Newport Beach Office of City Attormey 3300 Newport Boulevard Newport Beach, CA 92663 OWNER Bayside Square Office Building 3607 Emanuel Drive Glendale, CA 91208 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: ty Attorney CITY OF NEWPORT BEACH, a Municipal Corporation - 3 - BAYSIDE SQUARE OFFICE BUILDING By By BK 14272Po 1002 8. RECORDATION Each of the parties hereto specifically consents to the recorda- tion of this License Agreement in the Office of the County Recorder of Orange County, California, and the covenants, restrictions 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. 9. 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. 10. NOTICE When notice is to be given pursuant to this Agreement, it shall be addresses as follows: CITY City of Newport Beach Office of City Attormey 3300 Newport Boulevard Newport Beach, CA 92663 OWNER Bayside Square Office Building 3607 Emanuel Drive Glendale, CA 91208 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, -P California. ATTEST: City Clerk APPROVED AS TO FORM: ty Attorney CITY OF NEWPORT BEACH, a Municipal Corporation - 3 - BAYSIDE SQUARE OFFICE BUILDING By qtl �c i e.. STATE OF CALIFORNIA } COUNTY OF ORANGE } s5 BK 1 4272Po' 1003 On this =23rd day of October , in the year 1981 before me, the undersigned, a Notary Public in and for said State, personally appeared Jacqueline E. Heather and Wanda E. Andersen known to me to be Mayor and City Clerk of the City of Newport Beach and known to me to be the person 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. Signature Dorothy Q. Palen STATE OF CALIFORNIA ORANGE SS. COUNTY OF — August 26, 1981 ,before me, the undersigned, a Notary Public in and for said State, personally appeared On — _. PhilliP J. Rin el is known to me to be the person(s) whose name(s) 1ne _ executed the same. subscribed to the within Instrument and acknowledged that — WIT ,�� rp OFFICIAL SEAL NANCY ROBINS ¢ m NOTARY PUBLIC , CALIFORNIA (Seal) PRINCIPAL OFFICE IN ORANGE COUNTY C�LiFOVI (;Ay Commission Expires July 23, 1984 023200 6-80* 25 PS Individual Notarial Acknowledgment a (Not , Public's Signature) yy� DOROTHY L PAt.EN Mo' 0'�� NOTARY PUBLIC - :,°�'AL Er's MIA PRIN E1'AL GF RUE 1A `�.�` ORA12U CGUPU my C;,ml ?i n Exvi; ,., A fig 5, 10,8:1 COUNTY OF — August 26, 1981 ,before me, the undersigned, a Notary Public in and for said State, personally appeared On — _. PhilliP J. Rin el is known to me to be the person(s) whose name(s) 1ne _ executed the same. subscribed to the within Instrument and acknowledged that — WIT ,�� rp OFFICIAL SEAL NANCY ROBINS ¢ m NOTARY PUBLIC , CALIFORNIA (Seal) PRINCIPAL OFFICE IN ORANGE COUNTY C�LiFOVI (;Ay Commission Expires July 23, 1984 023200 6-80* 25 PS Individual Notarial Acknowledgment a (Not , Public's Signature) SHEET 2 OF 2 SHEET,' 2 PARCELS 1.782 ACRES FEB. 10, 1979 BK 14272pa 1004 R.S.T. NO. 9444 R�Siil71�71z1oµ µo, ��a JXXCEL AP IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA GERALD L. HOFMAISTER RCE 20187 i 8 BAYS/DE �� ,__ ��•��. foUNO S C T ACCEP,.O AS US 3UL/fNEAO i/NE c BASIS OFBEARINGS TNEBA3/S OFBEARIWS AWTH1SMAPTSAR7RTTONOf THE CENTERLINE CF94r51Li`OR1YS&RMW78917,11M 3?¢/'-}? 48 p.4 N63-101CO W 0END -- _TND/CATfSIWNOMS7NUMfNTASNOTED ■ --------- fOUND 5 4 1.3 3246 FERTRACT8073 ri.i 3 ALCERW AS CENTERL/NE INTERSECTION BAYSTOE' Li4IUE ANO MARINE A✓fNUE. ♦_________/ND/CA7ESfOUNOWEUMONUMENTW/1N 2"81FASS OGSC, PUNCHED. PER TRACT 8073 M M 327/8-1' o --------- INDTCATESBETL.CT RCE 20187/N8UL1f11EA0 , 700 "MM 3232. IR 6917) _ 4.�'a/Oa'�Q7 FOUND L T$TAG L S 2312, K —L PER AR 8917 ACMI?YD 32"E RAd. AFF SCALE 1"=40' 10 Q' i BA Y i 8 BAYS/DE �� ,__ ��•��. foUNO S C T ACCEP,.O AS US 3UL/fNEAO i/NE c BASIS OFBEARINGS TNEBA3/S OFBEARIWS AWTH1SMAPTSAR7RTTONOf THE CENTERLINE CF94r51Li`OR1YS&RMW78917,11M 3?¢/'-}? 48 p.4 N63-101CO W 0END -- _TND/CATfSIWNOMS7NUMfNTASNOTED ■ --------- fOUND 5 4 1.3 3246 FERTRACT8073 ri.i 3 ALCERW AS CENTERL/NE INTERSECTION BAYSTOE' Li4IUE ANO MARINE A✓fNUE. ♦_________/ND/CA7ESfOUNOWEUMONUMENTW/1N 2"81FASS OGSC, PUNCHED. PER TRACT 8073 M M 327/8-1' o --------- INDTCATESBETL.CT RCE 20187/N8UL1f11EA0 , 700 a G k'c pyp �Yp Iti 65,>23L�"fol REw5t./,PA 1VIS1 ' I N0 O O CEL t ,o'STofzM d��µ PARCEL2 =hir'-MBH >F-/-NTEP7 0 NEh1�N To 6f7-1 of I NEL�PoRT F�ERGN b 30' 30' Q>!0'fi/&/CACCESSEASEMENTGRANIEO�EREpV - DL -411 BELOW 9.5BK NEWPORT AREA 0,` No t/ -STANDARD /MPROVEi1ilENTS 5Y".5870"iY 348 49' "MM 3232. IR 6917) _ 4.�'a/Oa'�Q7 FOUND L T$TAG L S 2312, K —L PER AR 8917 ACMI?YD 32"E RAd. _ NB_2_60'' - �O'-R• 9NAWfAD LINE) BA Y j'" N 31 3=ISf;h'i�iJr 6FLI`NTEt� � '•y6�.�' m qp \ a G k'c pyp �Yp Iti 65,>23L�"fol REw5t./,PA 1VIS1 ' I N0 O O CEL t ,o'STofzM d��µ PARCEL2 =hir'-MBH >F-/-NTEP7 0 NEh1�N To 6f7-1 of I NEL�PoRT F�ERGN b 30' 30' Q>!0'fi/&/CACCESSEASEMENTGRANIEO�EREpV - DL -411 BELOW 9.5BK NEWPORT AREA 0,` No t/ -STANDARD /MPROVEi1ilENTS 5Y".5870"iY 348 49' "MM 3232. IR 6917) _ FOUND L T$TAG L S 2312, PER AR 8917 ACMI?YD i� AS SWlY CORNER TRACT 8917(U5f0 IO ES7ABL/5N 9NAWfAD LINE) BA Y -6'XAI,$I7- i4" -.OUNO 17 <MG 231RR 8 i� rte` ^r qp \ -6'XAI,$I7- i4" C d-� I August 31, 1981 TO: (1) CITY ATTORNEY (3) CITY CLERK FROM: Public Works Department SUBJECT: LICENSE AGREEMENT FOR RESUBDIVISION NO 569 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. Action requested: 1. City Attorney a. Approve agreement as to form. b. Forward all copies to City Clerk c. Prepare resolution authorizing Mayor and City Clerk to execute agreement. 2. City Clerk a. Present agreement to City Council for approval. b. Have Mayor execute the agreement. c. Send Agreement to Orange County Recorders Office for recordation. d. Retain original of agreement for your files and return all copies to Public Works Department. V Benjamin B. Nolan Public Works Director RLM:rb Att. October 23, 1981 Lee A. Branch County Recorder P.O. Box 238 Santa Ana, CA 92702 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 Dear Mr. Branch: Attached for recordation is License Agreement between the City of Newport Beach and Baysiae Square Office Building in connection with nonstandard improvements. Said Agreement was authorized by the City Council of the City of ,Newport Beach on September 14, 1981. Please record and return to us. Yours truly, Wanda E. Andersen City Clerk WEA:lr attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 5�g Q D, clout c�t C September 74, 1981 SEP 14 1981 CITY COUNCIL AGEND ITEM NO. i -� a� By 4he CITY COUNCIL CITY OF 14fiVMRT B ACH TO: CITY COUNCIL FROM: Public Works Department SUBJECT: LICENSE AGREEMENT FOR NON- STANDARD IMPROVEMENTS IN A PUBLIC ACCESS EASEMENT ADJACENT TO THE BAYSIDE SQUARE OFFICE BUILDING AT THE CORNER OF BAYSIDE DRIVE AND MARINE AVENUE (RESUBDIVISION NO. 569) OWNER: Bayside Square Office Building, a General Partnership RECOMMENDATIONS: 1. Adopt a resolution approving a license agreement for non - standard street improvements in a public access ease- ment with the Bayside Square Office Building, and authoriz- ing 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: The Bayside Square Office Building, a general partnership, has proposed to use textured concrete with redwood accent to pave a public access easement adjacent to the bulkhead along the bay side of the property. The agreement would allow construction of the non - standard im- provements as approved by the Public Works Department, and requires that the Bayside Square Office Building be responsible for maintenance and restoration of those improvements. An exhibit is attached for reference. 4J )44 Benjamin B. Nolan Public Works Director RLH:rb Att. SHEET 2 OF 2 SHEETS 2 PARCELS 1.782 ACRES FEB. 10, 1979 R.S.T. NO. 9444 FESB�NISjoV V9. 9r° PARCEL MAP IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA GERALD L. HOFMAISTER RICE 20187 / AAl1 O i y v SCALE f ° =40- rouNO S l / ACCE. °'.'O AS 'i .',' jam.;'• _ - 9'� - BASIS OF BEARINGS INERAN9 [YBfAR /M1BS KWJN /SM4P/JAR7R/ Of INf CEN$RL1NE AA NO•,O'CO -W LEEND 1N0C4/f5ld/NOA0NUMEN7ASNOl42 --------- ZOIWe2S &O 5 l W I S $246 AFR 7RACfd773 r!�'•� 4LCfPlfO Af 5 CENlfRL/NE /N1ER5KNLW 84Y5/OF 01/K° 4NO M!441Nf 4YfN0f A --------- 1N 471SR1ONOW UMONUMfN/WIN 2'9RASS AX.. PUNCNf7.. AYW 7RAC78073.N.^7 327/¢1 -° 0 --------- lNWC4lf9 Bf7L N RCf 87M71N80LRNf10 NpSyA'(O "W it-2 tr qy /` LfN� 1✓ / Flo k5i- / NOi40_32'E R4Ql '6>y 739 o. z '••a -_ (. -__f �`8,O6' '2B'P4" yII ,O L•6321' ^WAY �5Z I E?:OI: O G, 4e 07 a �;l;' RESU6'V /S /crV Rllll� $e .�Ftl <'eroKn vI'nu�: olo � 0 LRI1 I 'n�Y.EHT SPRNT:C! bYlq p I,,jp'', TT pI - ..ppNd :KCEYSfASEM_fMlG9AN7fONfRfEN _ _ _. X -__ JEf Of /4q LMLOW NEWPORT AREA 'OF 1Va1V- 5rAN0ARZ) /MPRO✓EMF_iV7.S / PARCEL2 9i71 r KUNG l / t IAG L $ &..67R 6917 ACCT, W IS SWLY CORNER 7ff Cf 3917 /USf0.0 f9p6L/SN dHNNfAO LINf1 BAY tr qy /` LfN� 1✓ yy 4A.4'}.q 99._lt �3a. PARCEL2 9i71 r KUNG l / t IAG L $ &..67R 6917 ACCT, W IS SWLY CORNER 7ff Cf 3917 /USf0.0 f9p6L/SN dHNNfAO LINf1 BAY EX// /$ /T tr rte• , -r ad \\ �1ryf\\ EX// /$ /T 0 RESOLUTION NO 1,104,1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING A LICENSE AGREEMENT WITH BAYSIDE SQUARE OFFICE BUILDING AND THE CITY IN CONNECTION WITH NON - STANDARD STREET IMPROVEMENTS AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT 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 BAYSIDE SQUARE OFFICE BUILDING, in connection with non - standard street improvements in a public access easement adjacent to the Bayside Square Office building at the corner of Bayside Drive and Marine Avenue (Resubdivision No. 569); and WHEREAS, the City Council has reviewed the terms and conditions of said License Agreement and finds them to be satisfactory, and that it would be in the best interest of the City to execute said License Agreement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the License 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 14 day of Sepember, 1981. Mayor ATTEST: City Clerk 9/14/81 /pr