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Home My WebLink AboutC-3124 - Indemnification Agreement, Park Donation Site, 3531 Newport Boulevard (Gateway Park)i January 26, 1998 2 B OITY COUNCIL AGENDA r ITEM NO. 14 TO: Mayor and Members of the City Council �... FROM: Public Works Department SUBJECT: GATEWAY PARKS LANDSCAPING AND LIDO SEWAGE PUMP STATION REPLACEMENT CONTRACT NOS. 3124 AND 2886 RECOMMENDATION: Affirm the filing of a Mitigated Negative Declaration as the environmental impact determination for the Lido Sewage Pump Station Replacement and Gateway Parks Landscaping projects. DISCUSSION: Although the Lido Sewage Pump Station Replacement and Gateway Parks Landscaping projects are related in location and time to the larger "Arches" Interchange Improvements project, these specific improvement items were not identified or included in the environmental documentation for the interchange improvements which are currently under construction. The environmental documentation for the "Arches" project was completed in April 1996 and covered modifications to the existing Lido Pump Station located at the intersections of Newport Boulevard with Via Lido and Short Street. Short Street also marked the southerly limit of the landscaping along the westerly side of Newport Boulevard included in the "Arches" project. In June 1996, the City Council was asked by a citizens group to participate in acquiring a former Chevron gas station site at Newport Boulevard and Short Street and improving it with landscaping as a community gateway park. The group's request was considered favorably by the City Council because it was consistent with an ongoing effort by the City to purchase from Caltrans the remnant parcel of another former gas station site situated diagonally across the intersection at Via Lido and Central Avenue. A further consequence of the Chevron site acquisition was the opportunity for the County Sanitation Districts of Orange County (CSDOC) to replace their 60- year -old Lido Pump Station with a completely new facility located on a corner of the proposed park parcel, thereby avoiding the need to modify the outdated, existing facility in order to accommodate the Newport Boulevard widening as part of the "Arches" project. A Cooperative Agreement with County Sanitation District No. 5 for the Lido Sewage Pump Station Replacement was approved by the City Council on February 10, 1997. Under the terms of the Cooperative Agreement, the City assumed the responsibility for processing the environmental document and securing the coastal development permit for both the replacement pump station and park landscaping improvements. SUBJECT: GATEWAY *S LANDSCAPING AND LIDO SEWAGE PUIOTATION REPLACEMENT January 26, 1998 Page 2 A Negative Declaration has been filed for the pump station replacement and gateway park landscaping (copy attached). Since the replacement pump station has the potential for causing impacts to the environment, especially during construction, the specifications for the project include the following provisions: (1) removal, treatment and disposal of hydrocarbon contaminated groundwater to facilitate underground construction; (2) vibration monitoring in adjoining properties to determine any effect from installing excavation piles and shoring; and (3) noise monitoring in the immediate vicinity to insure that construction activities such as pile driving and groundwater pumping are kept within acceptable noise levels. By including these provisions in the contract specifications, a Mitigated Negative Declaration is the appropriate environmental determination for this project. The usual procedure followed by staff is to recommend that the City Council affirm the environmental determination at the same time that a recommendation is presented to approve plans and specifications and /or to award a construction contract. In this case, however, County Sanitation District No. 5 intends to award a construction contract for the Lido Pump Station Replacement separately from and prior to the City's award of the construction contract for Gateway Park Landscaping. Award of the Pump Station contract is anticipated for February or March of 1998, and the park landscaping contract award is anticipated thereafter. Since the City is the Lead Agency with respect to the overall environmental determination, and because the environmental determination process needs to be complete before CSDOC can award a construction contract for the Lido Pump Station Replacement, staff is recommending that the project environmental determination be affirmed at this time and in this manner. In anticipation of this City Council action, a public meeting for the residents, property owners and businesses in the immediate project vicinity was conducted at 7:00 p. m. on December 2, 1997. Only one person from the public attended. Similarly, only one written response was received during the public review period for the Negative Declaration. That response was from Caltrans, who emphasized the need for handling surface runoff during construction. The contract specifications include appropriate provisions for that concern. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By. :�D' Gail Pickart Project Management Consultant Attachments: Notice of Intent to Fiie a Negative Declaration Negative Declaration Letter Dated December 18, 1997 Letter Dated December 29, 1997 f: \g ro u ps\pubwo rks \co u nciI \98 \jan -26 \I ido -pum. doc ,CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 NOTICE OF INTENT TO FILE A NEGATIVE DECLARATION This is to advise that the Public Works Director of the City of Newport Beach, acting in his official capacity and in conformance with the adopted objectives, criteria and procedures for implementing the California Environmental Quality Act as amended, hereby provides notice of his intention to file a Negative Declaration with respect to: PROJECT TITLE: Lido Sewage Pump Station Replacement and Gateway Parks Landscaping LEAD AGENCY: City of Newport Beach CONTACT PERSON: Lloyd R. Dalton, P.E. PHONE NUMBER: (714)644 -3328 PROJECT DESCRIPTION: Replace the existing Lido Sewage Pump Station owned and operated by the County Sanitation Districts of Orange County and presently situated at Newport Boulevard and Short Street to a location approximately 200 feet southerly. The location of the new pump station is on a corner of one of two former gas station sites that the City of Newport Beach owns and proposes to improve as Gateway Parks with landscaping, screening walls, identification signage, decorative lighting, and hardscape. The pump station replacement is proposed at this time because the existing facility is in the way of a major street widening and bridge construction project currently in progress along Newport Boulevard at Pacific Coast Highway. No significant effects on the environment are anticipated as result of this project provided that the mitigation measures which are included in the project plans and described on the attached listing are implemented. Therefore, a Negative Declaration has been prepared in accordance with the California Environmental Quality Act. The Initial Study and all documents referenced which support this determination along with a copy of the draft Negative Declaration are on file at the City of Newport Beach Public Works Department located at 3300 Newport Boulevard. The public is invited to comment on the Draft Negative Declaration during the minimum twenty (20) day public review period beginning November 12, 1997. A public meeting will be held to provide information on the project and answer questions at the City Hall Fire Department Conference Room on December 2, 1997, at 7:00 P.M. The Newport Beach City Council will consider the environmental determination for the proposed project at its meeting on December 8, 1997, to be held at 7:00 p.m. in the City Council Chambers. Re ectfully sub 'tted, F I L E D p® S T E D NOV 13 1997 NOV 13 1997 Don Webb GARY L. GRANVILLE. Clark- Racordor GARY L GRANVILLE, C1 10ecorder Public Works Director fi DEPUTY , y, eb 9IjTfJovember 12, 1997 By BY I: \grnu ps \pu b works \arc hcs \ncgdcc.doc MITIGATION MEASURES TO BE IMPLEMENTED for LIDO SEWAGE PUMP STATION REPLACEMENT AND GATEWAY PARKS LANDSCAPING Any groundwater contaminated with hydrocarbons that is removed during dewatering operations associated with the excavations for the underground portion of the pump station and pipelines shall be handled as follows: a) Removed from the site and delivered to an appropriate treatment facility for disposal, or b) Provide onsite treatment of the groundwater reducing the contamination to a level so that the effluent can be discharged into the sanitary sewer system along with payment of corresponding volumetric charges, or c) Provide onsite treatment of the groundwater reducing the contamination to a level so that the effluent can be discharged into storm drainage systems which empty directly into the Newport Bay. 2. If soil removed during excavation operations is found to be contaminated with hydrocarbons, such material shall be removed from the site and delivered to a landfill designated to receive such contaminated soil or to a treatment facility equipped to remediate such contaminated soil. 3. Construct the finish floor of the Pump Station Control Building at an elevation above the established flood plain level for the area. 4. The exterior of the Pump Station Control Building shall have a stucco finish and color compatible with nearby structures so that the new building blends in with the surrounding community. 5. Subterranean portions of the pump station shall be sealed so as to prevent the escape of noxious odors offensive to adjoining properties. Similarly, vapor barriers shall be installed so as to prevent possible migration of gasoline vapors from accumulating within the structures. 6. Noise and /or vibration associated with installing sheet piling for excavation may require the use of sound attenuation measures such as muffling blankets and the placement of vibration monitors to measure earth movement. If noise or settlement and vibration is excessive, work will be stopped and alternative construction techniques implemented. E 7. Provide environmental protection plan to control impacts pertaining to water, air and noise pollution. 0 \ \d p \sys \g ro u ps \pu bwo rk s \a rch es \miti g at.doc LJ 0 To C *Y OF NEWPORT BEAW 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 (714) 644 -3311 NEGATIVE DECLARATION Office of Planning and Research xX 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk, County of Orange Public Services Division P.O. Box 238 Santa Ana, CA 92702 Prom: City of Newport Beach Public Works Department 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 (Orange County) Datc received for tiling at OPIZ /County Clerk: Public review period: November 20 - December 22, 1997 Ncune of Project Lido Sewage Pump Station Replacement and Gateway Parks Landscaping Project Locution: Along Newport Boulevard at the Intersections with Via Lido and Short Street in the City of Newport Beach Project Description: Replace the existing Lido Sewage Pump Station presently situated at Newport Boulevard and Short Street with a new station at a location approximately 200 feet southerly on a corner of a former gas station site to be landscaped as the Balboa Peninsula Gateway Park. Another farmer gas station site diagonally across Newpc Boulevard at Via Lido is to be similarly landscaped as the Lido Village Gateway Park. Finding: Pursuant to the provisions of City Council K -3 pertaining to procedures and guidelines to implement the California Envi roll mental Quality Act, the Public Works Department has evaluated the proposed project and determined that the proposed project would not have a significant effect on the environment. A copy of the Initial Study containing the analysis supporting this finding is ® attached ❑ on file at the Planning Department. The Initial Study may include mitigation measures that would eliminate or reduce potential environmental impacts. This document will be considered by the decision- maker(s) prior to final action on the proposed project. If a public hearing will be held Io consider this project, a notice of the lime and location is mlached. Additional plans, studies and /or exhibits relating to the proposed project may be available for public review. If you would like to examine these materials, you are invited to contact the undersigned. If you wish to appeal the appropriateness or adequacy of this document, your comments should be submitted in writing prior to the close of the public review period Your conunenls should specifically identify what en vi roll mental impacts you believe would result from the project, why they are significant, and what changes or mitigation measures you believe should be adopted to eliminate or reduce these impacts. There is no fee for this appeal. If a public hearing will be held, you arc also invited to attend and testily as to the appropriateness of this document. If have any qucs9l . (!ns or would like further information, please contact the undersigned at (714) 644 -3328. r Date: November l8. 1997 Llo R. Dalton, P.E., Design Engineer ST TION DEPARTMENT OF TRANSPORTATION DISTRICT 12 2501 PULLMAN STREET SANTA ANA, CA 92705 December 18, 1997 Lloyd R. Dalton City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA. 92658 -8915 9 File: IGR/CEQA SCH9 nene 9? itte P% l z "�Y Subject: Lido Sewage Pump Station replacement and Gateway Parks Landscaping. Dear Mr. Dalton: Thank you for the opportunity to review and comment on the Negative Declaration for the Lido Sewage Pump Station replacement and Gateway Parks Landscaping. Caltrans District 12 is a responsible agency for this project and has the following comments for your consideration. To comply width the Caltrans NPDES program a Water Pollution Control Program (WPCP)must be • prepared prior to starting work. See "Caltrans Storm Water Quality Handbook for Construction Contractors: for specific instructions. A special provision for WPCP should be included in the contract. We appreciate the opportunity to comment on this document. If you have any questions concerning these comments please do not hesitate to call us Aileen Kennedy can be reached on (714) 724 -2239. Sine r4�o' obert p ,Chi Advance Planning Branch C: Ton Loftus, OPR Ron Helgeson, HDQTRS Planning Praveen Gupta, Environmental Planning Reza Aurasteh, Environmental Engineering • ::.-:: � • tt0v v py `A, -^ o'"` GOVERNOR'S OFFICE OF PLANNING AND RESEARCH s�irFarcru�aa�� ' 1400 TENTH STREET PETE WILSON SACRAMENTO 95814 PAUL F MINER nr;nvr omtr. n;n GO'mmun December 29, 1997 }4f LLOYD DAhTOId ' CITY OF NEWPORT BEACH _ 3300 NEWPORT BLVD. NEWPOORT BEACH, CA 92650- 0915 Subject: LIDO SEWAGE PUMP STATION REPLACEMENT /GATEWAY PARKS LANDSCAPE SCH 4: 97111079 Dear LLOYD DALTON: The State Clearinghouse has submitted the above named proposed Negative Declaration to selected state agencies; for review. The review period is now closed and the comments from the responding agency(ies) is(are) enclosed. Ott tAQ enclosed Notice of Completion form you will note that the Clearinghouse has chocked the agencies that have commented. Please review the Notice of completion to ensure that your comment package is complete. If the comment package is now in order, please notify the State Clearinghouse immediately. Rnmen0er to refer to the project's eight:.- digit State Clearinghouse number so that we may respond promptly. .please note that Section 21104 of the California Public Resources Cede required that: "a responsible agency or other public agency shall only make substantive convents regarding those activities :involved in a project which axe within an area of expertise of the agency or which are required to be carried cut on approved by the ogan ^_y." commenting agencies are also required by this section to support their comments With Specific documentation. These comments are fo-warded for your use in prepnrinq your fi"al EiR. Should you need more information or clarification, we n :commenP. Chat you contact the commenting agency at your earliest convenience. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please contact. at (916) 445 -0613 if you have any questions regarding the environmental review process. Sincerely, n ,41 �/iJ/r / ANTERO A. RIV.ASPLATA Chief, State Clearinghouse Enclosures CC: Resources Agency U. ta]•- s�ffiaa.3� Replace the existing Lido Sew.R. Pump Station prc:cntly situated at NewporL Boulevard and Short Street with a new pump station at a location approximately 200 feet southerly on a corner of a former gas station site to be Inedscaed as the Balboa Peninsula Gateway Park. Another former gas station site located diagonally across Newport Boulevard at Via Lido 15 to be similarly landscaped as the Lido Pillage Gatcvay Park. -d vu m. at+c. a..:fora.., swo va, s.o..uu, a asst — apW wasv cs� 21 7 9 . m mosa® ss mas s wuvnm+. Nw os I Sewage Pualp Station Replacement and Gateway ar s .an scup ng State Reis Becan: - - 1. Pml.x nua .Lido General Sers'iees �Cel/EPA }, Le up , C].tY of Newport Reach P. onus wm: Lloyd Dolts". P.E. 1 3300 Newport Boulevard Newport Beact J' —YZ ST��Ti�Z7T+�-- E'r'�32II' Or Oraagc Pd. Iia U. _2/.. CA Waste Mgmt Bd SRRCB: Grants City of Newpure Beach t��tmra t .",-Prange u my /onv,nr, u. t..a<+.or. Potal w.L21- 10- 21 PrmetOon Nw orj_8. c oo Boulevard at Via eet wswrn• , N.rw[ sa. - -- Lido and Sba[C SCrccl Parks &Rec /O11P P.ls N/A d. Ncwport Chauncl rind s. vlsun }.u., . 55 d SR Ib., N/A c ttiR .^ Lower Ne.purt Bay ]. p- nPrfG�S e. >gn},.��x1SID f. t�ox6nasa L°tl w. __ I,n I- `4 t. m. __l.stdsat.h uuu I,.__ a]. __a. clam LDWR D }. _rk1Y e:. a]. )CC al. _!u'.etel Plu, Aa,dmt I.u.___ lgllv(eaL_ .. O). �9 4c W. ___Jn0 W. __hnta Pln al. _Agpl,q/P:m•:UN, n!. R.,_, Ol __4e[L d➢. O5. �.M <utlm h[ ¢{Sgem Not Transp Hous Corrections _Aeronautics' __W:eu,ItY Ptu, .tctal_ OQllryer _ CIiP X Caluils# �)- as. Mrtet rscnlUV, nett _Trans Planning - C9. __JLI 11. —GS la. � tivlelm C]. _)llnlry, 111„e {LL (9L11vlelM, PsscGl _Santa Mn Mons V. pN9 12, ja ryy, TeR xy,, etG.l m. _- 1++.![, ll'I< Met4 Q=2 ll. _lA ,—t a9.-X .h[+Im,t, 7)}q$e•»pr•. nyegp -$La Clnn _ Drinking 1420 lo. -ca an.[m ReplaecaenC Pack Landscapiug u. _ -.L u. Xr`1KL.C3r_Y 1 approval of Plans 6 construction contract. U. ]V'_Yrtet polry x L:. el. �jlarlln�Rxelru¢ IL. .�bret (;eL1LY ]1. y,we{ 61t41Y el. ,vm , pv}:ry IJt 1unM+n✓q Nlucv le. pin .1 on U..1'„,yLLmlle as. .r._r„a..s ]v. 1}. �l:,iv m. �n:.]w+,.tan. PI. .]LJma•um. L..... ' 06. _,c:..mc L]..Xy-.L.tsc Su -,tas ", n. �.ita(l5c/ci[ail.tlm af. �(lR,jalfV. ntaa. a,. J,:. awtd lt. _y3"a43}ti �.j�w}ete[lan so. :l, rJL..G 14'4roa1 hYrel s��- Sutfi f -(�__� Nil IJ.. (1QQPNNI)_,_, It. }y- •y,..-.z...-,L. .Vacant land formerly occupied by gasoline service stations and zoned for commercial uses. U. ta]•- s�ffiaa.3� Replace the existing Lido Sew.R. Pump Station prc:cntly situated at NewporL Boulevard and Short Street with a new pump station at a location approximately 200 feet southerly on a corner of a former gas station site to be Inedscaed as the Balboa Peninsula Gateway Park. Another former gas station site located diagonally across Newport Boulevard at Via Lido 15 to be similarly landscaped as the Lido Pillage Gatcvay Park. • u `J -d State Clea.inghouse Contact Mr. CM l eliky, ;: Ito ::- Proieet Sent to the following State Agencies . `. (916) 445 -0613 X Resources Statc/Consumer Svcs State Reis Becan: - - Boating - `Coastal General Sers'iees �Cel/EPA ^ Comm ".. Dept Re,deo,'to Agency -� Coastal Consv " _ ARB 7 Agency Rev to SCH �- /� Y Colorado Rvr Off Conservation / _2/.. CA Waste Mgmt Bd SRRCB: Grants • "' X Fish d: Game k .J SkkRCO: Delta SCII COMPLIANCE /✓�_ -�6 PrmetOon _Delta Forego, SWRC6: Wtr Quality Parks &Rec /O11P SWRCB: Wir Rights Please vote SCH Humber on all Comments i Reclamation �BCDC X Reg W'QCB %�_ DTSClCTC 971 1 10 79, LDWR Please to,m.rd late comments directly to the OES ., Yth /Adlt Corrections Lead Agency Not Transp Hous Corrections _Aeronautics' Independent Comm AQMD /APCD 7 3(RcsourCes:� /A _ CIiP X Caluils# �)- _Energy Comm _X NAHC _Trans Planning - PUC _ Housing &Devet _Santa Mn Mons Health & Welfare _� State lands Comm _ Drinking 1420 _ Tahoe Rgl Plan Medical Waste Other. • u `J vA • 0 • a CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER Agenda Item 9 .. -- C01— CIL a :nv 13Ff" H JAN 1 3W7 DATE: January 13, 1997 A'PRUNED TO: Honorable Mayor and Members of the City Council FROM: Peggy Ducey, Assistant to the City Manager — r SUBJECT: Park Donation Site - 3531 Newport Boulevard BACKGROUND On November 12th, the City Council authorized participation in the purchase of a proposed entryway park at 3531 Newport Boulevard under the following conditions: • That the City negotiate an indemnification agreement with Chevron that relieves the City of all future mitigation and liability costs associated with the toxic contamination of the property. • That the City execute an escrow agreement with the sellers that stipulates $100,000 of the total $300,000 purchase price be placed into an escrow account to cover costs associated with development of the contaminated site. • That the authorization of $150,000 of Park In -Lieu Reserves be extended to March 1, 1997. Initially, the indemnification agreement with Chevron was only to cover any future mitigation and liability costs associated with the toxic contamination of the property. The $100,000 escrow account was to cover any additional development costs associated with the contamination after Chevron completed its mitigation and the Health Care Agency closed the site. Since the last Council action, Chevron has agreed to cover any and all costs associated with the contamination at any time in the future, including providing technical assistance when the City develops the site. Attached is the indemnification agreement. With this commitment from Chevron, it will not be necessary to hold any of the purchase funds in an escrow account. As of January 6th, the City has collected $158,994 to purchase the property. With the City's $150,000 commitment of Park In -Lieu funds, there are now enough funds to finalize the purchase of the property. 6 f ipr Chevron, the property owners and the City are finalizing the indemnification . agreement at this time. It is recommended that the City Council authorize the:J�ity Manager to execute the final indemnification agreement, including authori2ation'to approve minor final changes to the agreement. RECOMMENDATION • Eliminate the requirement that $100,000 of the total $300,000 purchase price be placed into an escrow account to cover costs associated with development of the contaminated site. • Authorize the City Manager to execute the final indemnification agreement with Chevron. • Authorize staff to finalize the purchase of 3531 Newport Boulevard. 0 • 0 • llLl-- 1T1770 ibwJJ LHtVKUH UbH • Is P. 02/06 "RAFT TMS AGREEMENT entered into as of the , day of by and between CHEVRON U.S.A. PRODUCTS COMPANY, a division of C14EVRON USA. INC., a Pennsylvania corporation ( "Chevron's, and Barbara Schinnerer, Ray H. Danger, Virginia Irgang and Frank Irgang ( "Owners "), and City of Newport Beach ("Buyer's with regard to contamination that is or may be present on real property located at 3531 Newport Boulevard, Newport Beach. California to assist Owner in its efforts to sell the Property to Buyer. WHEREAS, Owners are the owners of certain real property located at 3531 Newport Boulevard, Former Chevron Service Station #9 -7100 Site (the "Property'); and WHEREAS, Chevron operated through its sublessee dealer, a retail service station on the Property-, and WHEREAS, hydrocarbon contamination and other contaminants, are, or may be present on the Property as the result of Chevron's operations; and WHEREAS, Owner is attempting to sell the Property to Buyer, and WHEREAS,' buyer is aware that hydrocarbon contamination and other contaminants, are, or may be present on the Property as a result of Chevron's operations, and Buyer would not purchase the Property without the aclmowicdgmcnt of Chevron of its responsibility to obtain all appropriate clearances regarding the removal of said contaminants from the Property; and vvithont Chevron's agreement to indemnify Buyer as provided in this Agreement; and WHEREAS, the parties wish to provide for the necessazy investigation and/or clean -up of such hydrocarbon contamination ("Remediation "). IT IS TBERFFORE AGREED AS FOLLOWS: 1. Definitions. The following definitions shall apply to this Agreement: A. "Contamination" or "Contaminants" shall mean motor fuel hydrocarbon contamination and any constituents or related compounds (including benzene, xylene, ethyl benzene, toluene) caused by or resulting from Chevron's retail service station operations. B. "Indemnite&' shall mean Owner and Buyer, inclusively. C. "Order" shall mean any orders, demands, or other directives issued by a governmental agency or unit which dirmV the investigation, monitoring, cleanup or other remediation of Contamination. 0+ =S #9.7100 1 I ? /19f9f, • = �nas7vc \1cgWVwvu \cnw�doc DEU -19 -1996 16 =54 CHEVRON USA P.03i06 2. Indemnitor's Itesponsibilitica Indemnitor agrees, at its sole cost and expense, to perform or cause to be performed such • investigation, monitoring and/or clean-up and other Remediation of Contamination as may be present in, on, or under the Property, or has been determined to have migrated from the Property as a result of Chevron's operations as is necessary to accomplish the following: (a) meet the requirements of all federal, state and local statutes, regulations, ordinances and standards regarding investigation, monitoring and clean-up or other Remediation that apply to Indemnitor or the Indemnitees as a consequence of any Contamination resulting from Indemnitor's operations on the Property; (b) undertake all measures necessary to fulfill all requirements contained in any Order issued by any governmental agency with jurisdiction in which Indemnitor is named. Indemnitor's obligations under this paragraph shall extend not only to Indemnitees but to any lender who takes title by foreclosure as well as to the Indemnitees' successor(s) who take title to the Property, either of whom take record interest within five (5) years of execution of this Agreement I Access to Property, indemnitees shall provide Chevron with access to the Property for the purpose of such investigation, monitoring and/or clean -up. 4. Lions . Chevron shall discharge at once or bond or otherwise secure against all liens and attachments which are filed in connection witb such investigation, monitoring and/or clean -up activities and shall indemnify and save the Indemnitees and the Property harmless from and against any and all loss, damage, costs (including reasonable attorney's fees), injury, liability and claims thereof resulting directly or indirectly from such liens and attachments, 5. insurnnce in lieu of insurance coverage, Chevron maintains a self - administered claims program with respect to its duties hereunder. Chevron shall require contractors which may perform such investigation, monitoring and/or clean-up, to maintain liability insurance coverage in accoidance with Chevron's standard practices. �� Inuemnitor shall indemnify, defend and hold Indemnitees harmless from any liabilities, claim, damages, losses, suits by third persons, resulting from any investigation, monitoring and/or clean-up activities conducted on the Property puzsuant to this Agreement and to further indemnify, defend and hold Indemnitees harmless from and against any demand or requirement imposed by any government agency with jurisdiction over the Property that any investigative or clean -up action be taken regarding contamination at the site caused by Indemnitor. indemnitor's indemnity obligation shall extend not only to Indemmitees but also to (a) such lenders or parties who may take a security interest of record in the Property; and b) Indemnitees' successor(s)- in- interest who may take title to Chevron SS # 2 17/13196 s \aa.l¢e V egal\brptmg \vrv�q�oc • DEC- 1'y -1y96 16:55 CHEVRON USH P.04/06 the Property within five (5) years of the date of execution of this Agreement. Any successor-in- interest to Indemnitees taking record against the Property on a date which is later than five (5) years from the data of execution of this Agreement, shall not be entitled to any protection under this Paragraph. Any Indemnitee benefiting from the indemnification set forth in this Paragraph 3 of the Agreement, either now or in the future, shall be deemed not to be a third person or party. This indemnification is intended to operate as an agreement pursuant to CERCLA, 42 USC s967(e) and Calif. H &S Code 25364 to insure, protect and hold harmless and indemnify Indemnitecs from liability. The Iudemnitees and Chevron agree that any applicable statutes of limitations or ]aches defense for any action which Indemnitee may file against Inde nnitor with respect to any Contamination caused by Indemnitor's operations on the Property shall be tolled until this tolling provision is terminated on thirty (3 0) days' notice by either party. 7. P,ntire ¢reement. The mutual obligations and undertakings of the parties hereto as provided herein are the sole and only consideration of this Agreement, and no representations, pxomises, or inducements have been made by the parties hereto other than as appear in this Agreement MEMO- ,. M This Agreement is binding upon and shall inure to the benefit of each of the parties hereto, and their successors, transferees and assigns. Further Assurances, • The parties to this Agreement shall execute such other and further documents as may be necessary or proper in order to consummate this Agreement. 10. Cgption,�. The captions and headings used throughout this Agreement are for convenience of reference only and the words contained therein shall in no way be held or deemed to define, limit, describe, explain, modify, amplify or aid in the interpretation, consideration or meaning of any provisions or the scope or the intent of this Agreement. 11. Compliance with Law. Chevron shall, in the performance of this Agreement, comply with all applicable laws, ordinances, rules and regulations of governmental and quasi - governmental agencies having jurisdiction. crew*= u # :�,nM1.�v<v<y�nbi�ms� <w�rnoc LJ rvrs,9e I DEC -19 -1996 16:55 CHEVRON USA P.05/06 13. Notices. Notice pursuant to this Agreement may be given by certified mail, return receipt requested as follows: For Owner: For Buyer: (or such other address as may be specified in writing by Owner, Buyer or their successor(s)-in- interest With a copy to: For Chevron: Steven Renshaw, Esq. Law Department Chevron Products Company 1300 Beach Blvd., Room 2058 La Habra, CA 90632 (or to such other address as Indcmnitor may specify in writing) ch.. SS # 4 1 Ll &96 t\ vilckc V �1 \btrpttyvknv.�.doc • L • 1b ;5b J I- HtVKUN USH P. 06/06 a 14. This Agreement shall be interpreted and any dispute arising hereunder shall be resolved in accordance with the substantive law of the State of California, without rcfercnce to choice of law rules. 15. If any legal action is necessary to enforce any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party, reasonable attorney fees, costs and expanses as determined by the Court 16. If any provision of this Agreement shall be adjudged invalid by any court, the remaining provisions of this Agreement shall remain valid and shall be enforced to the full extent permitted by law. 17. This Agnemant may bo cxecuted in countcrparts, caeh of which shall be deemed to be an original and all of which shall constitute one and the same instrument It shall be necessary to account for only one fully executed counterpart in proving this Agreement. IN WITNESS W1Il+;REOr, in consideration of thcir mutual promises contained herein, Indemnitees and Chevron have executed this Agreement. Dated: CIMVRON U.S.A. PRODUCTS COMPANY a division of CHEVRON USA, INC., a Pennsylvania corporation Dated: Dated: OWNER �7 tih� ss 5 ] Li 8196 a \ca+hre Vi}yl \61ry]tnxlan��.dcc TOWL P.06 ENVIRONMENTAL AGREEMENT THIS ENVIRONMENTAL AGREEMENT (`Agreement') is entered into as of the 7th day of February, 1997 by and between CHEVRON U.S.A. INC., a Pennsylvania corporation ( "Chevron "), and Barbara E. Schinnerer, Raymond H. Daniger, La Rue Daniger, Frank Irgang and Virginia A. Irgang ( "Owners "), and City of Newport Beach ( "Buyer ") with regard to contamination that is or may be present on real property located at 3531 Newport Boulevard, Newport Beach, California to assist Owners in their efforts to sell the Property to Buyer. WHEREAS, Owners are the owners of certain real property located at 3531 Newport Boulevard, Newport Beach, California (the "Property"); WHEREAS, Chevron operated through its sublessee dealer, a retail service station on the Property, known as former Chevron Service Station # 9 -7100; WHEREAS, hydrocarbon contamination and other contaminants, are, or may be present on the Property as the result of Chevron's operations; WHEREAS, Owners are attempting to sell the Property to Buyer; WHEREAS, Buyer is aware that hydrocarbon contamination and other contaminants, are, or may be present on the Property as a result of Chevron's operations, and Buyer would not purchase the Property without the acknowledgment of Chevron of its responsibility to obtain all appropriate clearances regarding the removal of said contaminants from the Property; and without Chevron's agreement to indemnify Buyer as provided in this Agreement; and WHEREAS, the parties wish to provide for the necessary investigation and/or clean -up of such hydrocarbon contamination ( "Remediation "); IT IS THEREFORE AGREED AS FOLLOWS: Definitions. The following definitions shall apply to this Agreement: A. "Contamination" or "Contaminants" shall mean motor fuel hydrocarbon contamination and any constituents or related compounds (including benzene, xylene, ethyl benzene, toluene) caused by or resulting from Chevron's retail service station operations. B. ` Indemnitees" shall mean Owner and Buyer, inclusively. C. "Order" shall mean any orders, demands, or other directives issued by a governmental agency or unit which directs the investigation, monitoring, cleanup or other remediation of Contamination. s: \allshare\legal\ agreements \9- 7100envAcc pcc.2 /7/97 city of newpon beach • • 2. Chevron's Responsibilities. (a.) Chevron agrees, at its sole cost and expense, to perform or cause to be performed such investigation, monitoring and/or clean-up and other Remediation of Contamination as may be present in, on, or under the Property, or has been determined to have migrated from the Property as a result of Chevron's operations as is necessary to accomplish the following: (a) meet the requirements of all federal, state and local statutes, regulations, ordinances and standards regarding investigation, monitoring, clean-up or other Remediation that apply to Chevron or the Indemnitees as a consequence of any Contamination; (b) undertake all measures necessary to fulfill all requirements contained in any Order issued by any governmental agency with jurisdiction over the investigation, monitoring cleanup, or other Remediation of any Contamination. Chevron's obligations under this paragraph shall extend not only to Indemnitees but to any lender who takes title by foreclosure as well as to the Indemnitees' successor(s) who take title to the Property, either of whom take record interest within five (5) years of execution of this Agreement. (b.) Chevron acknowledges that Buyer intends to develop the Property as a Park and to construct a Sanitary Sewer Pump Station on a portion of the Property. Chevron agrees to provide Buyer, at no expense to Buyer, with equipment, materials and personnel necessary to remove Contamination from the groundwater pumping operation associated with the construction of the Sanitary Sewer Pump Station and related force mains and gravity sewer systems. Access to Property. Indemnitees shall provide Chevron with access to the Property for the purpose of such investigation, monitoring and/or clean-up. 4. Liens. Chevron shall discharge at once or bond or otherwise secure against all liens and attachments which are filed in connection with such investigation, monitoring and/or clean -up activities and shall indemnify and save the Indemnitees and the Property harmless from and against any and all loss, damage, costs (including reasonable attorney's fees), injury, liability and claims thereof resulting directly or indirectly from such liens and attachments. Insurance. In lieu of insurance coverage, Chevron maintains a self - administered claims program with respect to its duties hereunder. Chevron shall require contractors which may perform such investigation, monitoring and/or clean-up, to maintain liability insurance coverage in accordance with Chevron's standard practices. 6. Indemnity. Without limiting Chevron's responsibilities set forth in paragraph 2 above, Chevron shall indemnify, defend, protect, and hold Indemnitees harmless from any liabilities, claim, damages, losses, or suits, resulting from the Contamination or any investigation, monitoring and/or clean -up activities conducted on the Property pursuant to this Agreement and shall further indemnify, defend, protect, and hold Indemnitees harmless from and against any demand or requirement imposed by sAall share \legal \agreements \9- 7100env.doc pcc.2 /7/97 city of newport beach 0 0 any government agency with jurisdiction over the Property that any investigative or clean-up action be taken regarding Contamination at the site. Chevron's indemnity obligation shall extend not only to Indemnitees but also to (a) such lenders or parties who may take a security interest of record in the Property; and b) Indemnitees' successor(s) -in- interest who may take title to the Property within five (5) years of the date of execution of this Agreement. Any successor -in- interest to Indemnitees taking record against the Property on a date which is later than five (5) years from the date of execution of this Agreement, shall not be entitled to any protection under this Paragraph. This indemnification is intended to operate as an agreement pursuant to CERCLA, 42 USC 9607(e) and Calif. H &S Code Section 25364 to insure, protect and hold harmless and indemnify Indemnitees from liability. 7. Entire Agreement. The mutual obligations and undertakings of the parties hereto as provided herein are the sole and only consideration of this Agreement, and no representations, promises, or inducements have been made by the parties hereto other than as appear in this Agreement. Nothing contained herein is intended to supersede any provisions of that certain Tolling Agreement entered into between Chevron and Owner, dated October 31, 1996. 8. BindinE Effect. This Agreement is binding upon and shall inure to the benefit of each of the parties hereto, and their successors, transferees and assigns. 9. Further Assurances. The parties to this Agreement shall execute such other and further documents as may be necessary or proper in order to consummate this Agreement. 10. Captions. The captions and headings used throughout this Agreement are for convenience of reference only and the words contained therein shall in no way be held or deemed to define, limit, describe, explain, modify, amplify or aid in the interpretation, consideration or meaning of any provisions or the scope or the intent of this Agreement. 11. Compliance with Law. Chevron shall, in the performance of this Agreement, comply with all applicable laws, ordinances, rules and regulations of governmental and quasi - governmental agencies having jurisdiction. 12. Notices. Notice pursuant to this Agreement may be given by certified mail, return receipt requested as follows: s: \aUshare\legal \agreements \9- 7100env.doc pcc2 /7/97 city of newport beach For Owners: Barbara E. Schinnerer 2314 Oakmont Avenue Santa Ana, CA 92706 Frank Irgang and Virgina A. Irgang 634 Meredith Avenue San Diego, CA 92120 For Buyer: City Manager City of Newport Beach P.O. Box 1768 3300 Newport Blvd. Newport Beach, CA 92659 • Raymond H. Daniger and La Rue Daniger 3182 Bolter Court, Rte. 1 Valley Springs, CA 95252 (or such other address as may be specified in writing by Owner, Buyer or their successor(s)-in - interest. For Chevron: Chevron Products Company 1300 Beach Blvd., Bldg. 4516 La Habra, CA 90632 Attn: Law Department, SS #9 -7100 (or to such other address as Indemnitor may specify in writing) With a copy to: Chevron Products Company 1300 Beach Blvd., Bldg. 4516 La Habra, CA 90632 Attn: John Neale, SS #9 -7100 13. This Agreement shall be interpreted and any dispute arising hereunder shall be resolved in accordance with the substantive law of the State of California, without reference to choice of law rules. 14. If any legal action is necessary to enforce any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing parry, reasonable attorney fees, costs and expenses as determined by the Court 4 s: \allshare \legal\ agreements \9- 7100env.doe pcc.2 /7/97 city of newport beach 0 • 15. If any provision of this Agreement shall be adjudged invalid by any court, the remaining provisions of this Agreement shall remain valid and shall be enforced to the full extent permitted by law. 16. This Agreement may be executed in counterparts, each of which shall be deemed to be an original and all of which shall constitute one and the same instrument. It shall be necessary to account for only one fully executed counterpart in proving this Agreement. IN WITNESS WHEREOF, in consideration of their mutual promises contained herein, Indemnitees and Chevron have executed this Agreement. Dated: February 7,1997 Dated: -�� / '�. ,1997 Dated: 1997 Dated: 11997 CHEVRON U.S.A. INC., a Pennsylvania corporation � n By: Name: R.H. BARRETT Title: Assistant Secretary OWNERSn% c Barbara E. E. Schinnerer Raymond H. Daniger La Rue Daniger Dated: ,1997 Frank Irgang Dated: .1997 Virginia A.Irgang 11-14 % X1:3 Dated: 1997 City Manager Approve as to form: City Attorney s: \allshare\legal \agreements \9- 7100envAce pcc.2 /7/97 city of newport beach • 0 15. If any provision of this Agreement shall be adjudged invalid by any court, the remaining provisions of this Agreement shall remain valid and shall be enforced to the full extent permitted by law. 16. This Agreement may be executed in counterparts, each of which shall be deemed to be an original and all of which shall constitute one and the same instrument. It shall be necessary to account for only one fully executed counterpart in proving this Agreement. IN WITNESS WHEREOF, in consideration of their mutual promises contained herein, Indemnitees and Chevron have executed this Agreement. Dated: February 7, 1997 Dated: ,1997 Dated- -/ /j � , 1997 Dated:: ,1 -- °/ 7 ,1997 Dated: ,1997 Dated: 1997 Dated: 1997 Approve as to form: CHEVRON U.S.A. INC., a Pennsylvania corporation By: '' � '3/,l/� Name: R.H. BARRETT Title: Assistant Secretary OWNERS Barbara E. Schinnerer Fond H. Daniger La ue Daniger FrankIrgang Virginia A.Irgang BUYER City Manager City Attorney 5 s: \a11sham \legal \ageements \9- 7100env.doc pcc.2 /7/97 city of newport beach 15. If any provision of this Agreement shall be adjudged invalid by any court, the remaining provisions of this Agreement shall remain valid and shall be enforced to the full extent permitted by law. 16. This Agreement may be executed in counterparts, each of which shall be deemed to be an original and all of which shall constitute one and the same instrument. It shall be necessary to account for only one fully executed counterpart in proving this Agreement. IN WITNESS WHEREOF, in consideration of their mutual promises contained herein, Indemnitees and Chevron have executed this Agreement. Dated: February 7,1997 Dated: 1997 Dated: Dated: 1997 1997 Dated: ,1997 Dated: �,�/ ,1997 Dated: ,1997 Approve as to form: City Attorney CHEVRON U.S.A. INC., a Pennsylvania corporation By: 1n� \;�, C . Name: R.H. BARRETT Title: Assistant Secretary OWNERS Barbara E. Schinnerer Raymond H. Daniger La Rude Daniger /^ rank rgang 1 Virginia A. Irgang City Manager s: \allsham \legal\ agreements \9- 7100env.doc pec.2 /7/97 city of newport beach ►] u 15. If any provision of this Agreement shall be adjudged invalid by any court, the remaining provisions of this Agreement shall remain valid and shall be enforced to the full extent permitted by law. 16. This Agreement may be executed in counterparts, each of which shall be deemed to be an original and all of which shall constitute one and the same instrument. It shall be necessary to account for only one fully executed counterpart in proving this Agreement. IN WITNESS WHEREOF, in consideration of their mutual promises contained herein, Indemnitees and Chevron have executed this Agreement. Dated: February 7, 1997 Dated: 1997 Dated: 1997 Dated: 1997 Dated: ,1997 CHEVRON U.S.A. INC., a Pennsylvania corporation By: �� C Name: R.H. BARRETT Title: Assistant Secretary OWNERS Barbara E.Schinnerer Raymond H. Daniger La Rue Daniger Frank Irgang Dated: 1997 Virginia A.Irgang BUYER Dated: , 1997 Cf ana er App to f Ci orney s: \altsham \legal\ agreements \9- 7100env.doc pcc.2 /7/97 city of newport beach Agenda Item 21 CITY OF NEWPORT BEACH BY THE CITY COUNCIL OFFICE OF THE CITY MANAGER CITY OF NEWPORT BEACH a DATE: November 12, 1996 TO: Honorable Mayor and Members of the City Council FROM: Peggy Ducey, Assistant to City Manager SUBJECT: Park Donation Site - 3531 Newport Boulevard BACKGROUND On June 10th and September 9th, the City Council authorized participation in the purchase and acceptance of the proposed entryway park at 3531 Newport Boulevard under the following conditions: • Receipt of all necessary County and State clearance documents verifying the property is free of soil and groundwater contamination. • Execution of an agreement with the Chevron Company to remediate any soil and groundwater problems that might arise in the next twenty years. • Matching privately donated funds, up to $150,000 (Park In -Lieu Reserves), effective until December 5, 1996. Landscaping costs will be budgeted in FY 96/97. • A preliminary appraisal documenting the purchase price of $300,000 as fair market value. The property has been preliminarily appraised at $300,000- $325,000. Mr. Thompson has pledges for approximately $160,000, and would like to begin collecting those funds, but wants to be assured that the City will go forward with the project, given some recent information regarding the property's contamination problems. Since the last Council action, the County Health Care Agency says they cannot provide final toxic clearance to the site at this time, based on the most recent data provided by Chevron, and probably will not close the site for 1 -3 years unless Chevron can provide more specific monitoring data regarding benzene levels at the site. The Health Care Agency has assured the City that the benzene contamination can be mitigated, and the Agency will continue to work with Chevron to close the site as quickly as possible. 0 Also since the last Council action, the Public Works Department has been working with the Orange County Sanitation District to relocate an existing pump station now located directly across the street from the proposed park site. The Sanitation District is interested in relocating the station to the proposed park site, where most of the equipment would be underground. This would allow the entryway park to be built, while still accommodating the pump station. If the pump station is built on the site, the Sanitation District would help defray the cost to develop the park. Because development of the parcel will be complicated by the contamination problem, staff has had preliminary discussions with both Chevron and the seller's representative that would allow us to continue to move forward on purchasing the property, while safeguarding the City with regard to the toxic problem. Chevron and the City Attorney's office are now working on an indemnification agreement that relieves the City of all mitigation and liability problems for the future. Staff has also proposed to the seller's representative that of the $300,000 purchase price, only $200,000 be paid directly to the sellers and the remaining $100,000 be put into an escrow account to be drawn down on for any necessary technical or consulting services required to develop the parcel, given its contamination problem. Any funds remaining from the $100,000 would be paid to the seller once the parcel is completely developed. RECOMMENDATION If the Council wishes to proceed with the purchase and landscaping of the entryway park, it is recommended that the Council authorize the following actions: • That the City negotiate an indemnification agreement with Chevron that relieves the City of all future mitigation and liability costs associated with the toxic contamination of the property. • That the City execute an escrow agreement with the sellers that stipulates $100,000 of the total $300,000 purchase price be placed into an escrow account to cover costs associated with development of the contaminated site. • That the authorization of $150,000 of Park In -Lieu Reserves be extended to March 1, 1997. DATE: TO: FROM: SUBJECT: �7 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER September 9, 1996 r i Jy N' • - C&o_2) . BY 'E CITY COUNCIL CrOF NEWPORT BEACH SEP g Honorable Mayor and Members of the City Council Peggy Ducey, Assistant to the City Manager Park Development at 3531 Newport Boulevard BACKGROUND On June 10th, the City Council conceptually approved the donation of a passive park located at 3531 Newport Boulevard, with the following contingencies: • Receipt of a formal offer of donation of the fully developed park. • Receipt of all necessary County and State clearance documents verifying the property is free of soil and groundwater contamination. • Execution of an agreement with the Chevron Company to remediate any soil and groundwater problems that might arise in the next twenty years. Mr. Jim Thompson, a Newport Beach resident, is coordinating the fundraising effort for this entry -way park. Based on input from the Sister Cities Association and Lido Island businesses and residents, Mr. Thompson has included the small parcel on the northeast corner of Newport Blvd. and Via Lido (3600 Newport Boulevard) in his fundraising efforts as well. Caltrans currently owns the parcel and has established a sale price of $14,000. Upon Council approval on June 10th, Mr. Thompson established a fundraising committee composed of members of BPPAC, the Sister Cities Association, and other interested Newport Beach residents. Both BPPAC and the Sister Cities Association had expressed interest in landscaping the parcels to beautify the Peninsula. Mr. Thompson also developed a brochure about the proposed park sites and a pledge agreement which he has used for mail solicitations as well as presentations to local community groups and organizations. To date, Mr. Thompson has raised approximately $50,000 toward his goal. Contributors include both private individuals as well as corporate and business sponsors. The escrow agreement to purchase 3531 Newport Boulevard stipulates that the funds must be raised by early September. Given the short time frame, Mr. Thompson does not feel the remaining funds can be secured by the escrow deadline. One option is that the City match the privately donated funds for up to half the total 0 0 purchase price of the properties. This would mean that the City contribute $157,000 toward the total purchase price of $314,000 for both properties. The City would then budget the funds in FY 97/98 to landscape the parcels as passive parks. Park In -Lieu funds could be used for the purchase. The current estimated amount in the Park In- Lieu Reserve is $400,000. This is the projection for the remaining balance after all approved 1996/97 park expenditures are made, including the construction of Bob Henry Park, Castaways Passive Park, and the Hoag Linear Park. Mr. Thompson is currently negotiating with the property owners to reduce the sale price of the larger parcel. Any participation by the City, either as a financial contributor or by accepting the park donation, would necessitate an appraisal to verify the properties' worth. RECOMMENDATION Approve the expenditure of $157,000 from Park In -Lieu Reserves to be used as matching funds to purchase 3531 and 3600 Newport Boulevard for passive parks. l AUG-29-96 THU 8)8,22 AM THOMPSON:CLASSIC • 7147240804 r� GATEWAY TO Lei EWFORT'S JUALBOA PENINSULA cCITIZEN'S COMMITTEE James E. Thompson Chairman Tim Collins John L. Curci Fritz Duda Wendell Fish Russ Flueter Bill Hamilton Stephanie Houghton Helen Japenga George Mc Gaffigan Don Merritt Murt Munson Jerry Richards Tony Shaw Committee Contact James E. Thompson 3804 Sundune Lane Corona del Mar, CA 92625 (714) 759 -1018 Fax(714)724 -0804 "A PARK TS FOREVER" r c,L��.D• u� �'a . > i, •b i/ Y sp s.`t' i, �wr AUG -29 -96 THU 0B U � gej ,,p 69 O U O CD Q o C O o 1--1 Uw3 OO 7 z 0 9 O O � tl cp o to O N o c "a � U c 0 N ap 5 .. y., G p O O O C .0 O O > pO y „z�� o ro y 0 V Q x 7 0. C T f.L G 0 a a, .G Oo d .O > 0 *0 u p O � ; y H S, €-° a h a a .5 3 AM TROMPS ON.:CLASSIC 7147240804 P.03 • 7 R � N 4A IS F'a q P ' d 0� U% yA$'c U Vs P G W $ W a 0� o + as � ' ao q a a .. rA a s I � C) 1 V1 •� y V L. F' pp vl N w b a� : M �p oEll) U c`* 0 3 0 0 6U C �L: 3 Cd GO OU 3r SIlk O�U� U � 0 u go a � U a a3 d p Y (ti U AS A m oai� z o ° a vjA O v 0 p w a bob H p �_ as �oHS g v S i�� ° o+ H W >1 GG V) `a 12 u a � � vy Awe Ham . AUG-29-96 THU 08:24 TH PSON:CLASSIC -en 11 Pledge Agreement 7147240804 . -, P. 04 Uwe would like to contribute to the beautification of the entry to Balboa Peninsula. Itwe hereby pledge S to help purchase and develop the property at 3531 Newport Blvd. and the small parcel on Newport Blvd. at Via Lido, in the City of Newport Beach, as landscaped park areas. Signature Printed Name Address City Zip Code Phone Fax Date I understand the funds are due and payable to a neutral escrow within 10 days of notification that the requirements of the City of Newport Beach have been met. Please return by mail or fax to: Gateway To Newport's Balboa Peninsula Citizen Committee 3804 Sandune Lane Corona del Mar, CA 92625 Phone 714- 759 -1018 Fax 714- 724 -0804