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Home My WebLink AboutC-1436 - Hold Harmless Agreement for Temporary Sign at 16th Street West & Dover Drive/37v MAY 71973 BY the CITY COUNCIL :ITY AG "mvrV^X`r 46ACH TO: CITY COUNCIL May 7, 1973 CITY COUNCIL AGENDA ITEM NO. G-1 FROM: Public Works Department SUBJECT: REQUEST OF BANK OF NEWPORT TO INSTALL A SIGN IN THE SOUTH PARKWAY ON 16TH STREET WEST OF DOVER DRIVE RECOMMENDATION: If approved, the permit be subject to the condition that the sign be relocated at the bank's expense at the time 16th Street is widened. DISCUSSION: Attached is a letter of request from Mr. Ronald L. Rogers, President of the Bank of Newport, requesting permission to install a sign in the parkway on 16th Street. The proposed sign will contain a directional arrow and the message: "Auto Teller ". The purpose of the sign is to prevent general customers of the bank from driving into the driveway reserved for the drive -in customers, and then backing out into 16th Street if they don't wish to wait until they can drive ahead. Private signs are not normally permitted in the public right -of -way, but there appear to be mitigating circumstances here: 1. The use is temporary pending street widening. 2. The parkway is unusually wide. 3. There is a potential traffic hazard which will be reduced by the sign. 4. The bank dedicated the parkway for street widening purposes. It seems fair that they should be allowed to use it until such time as the City is prepared to widen 16th Street. �pseph T. Devlin Public rks Director `, K P:hh Att. Of .�... Newport MAY 71973 BY Me CITY COUNCIL CITY ®a Aa,'nrngpr R6ACII April 26, 1973 The City Council City of Newport Beach Newport Beach City Hall 3300 West Newport Boulevard Newport Beach, California 92660 Honorable Sirs: We respectfully request an encroachment permit for a directional type traffic control sign, to be located in the public right -of -way adjacent to our property on Sixteenth Street, as indicated on the enclosed plot plan and sketch. Your consideration is very much appreciated. Very tr your Ronald L. Rodg President RLR:vj enclosures cc Public Works Department : G'/ =' ii Nawo lw,.e] Publie W.A. Directs Viunvi& Directoll � wuncumeu: ,+ j DOVER AT SIXTEENTH STREET • NEWPORT BEACH, CALIFORNIA 92660.645 -5333 ,17 Y/ G - ) 10 March 31, 1972 PUBLIC WORKS DEPARTMENT Attention: Ken Perry CITY CLERK BANK OF NEWPORT TEMPORARY SIGN 167H STREET AND DOVER DRIVE, C -1436 Enclosed are two signed copies of an indemnity agreement in connection with subject encroachment. This hold harmless agreement was authorized by the City Council on March 27 by the adoption of Resolution No. 7655. Please send a copy of the agreement to the Bank of Newport. Laura Lagios LL::;wk enc. 2 March 27, 1972 MAR V IM TO: CITY COUNCIL By +he CITY COUNCIL CITY LJl: FJpWwPow4T 0SA.CH FROM: Public Works Department SUBJECT: REQUEST OF BANK OF NEWPORT TO INSTALL A TEMPORARY SIGN IN THE PARKWAY ON 16TH STREET WEST OF DOVER DRIVE RECOMMENDATIONS: la That the request be approved. 2. Adopt a resolution authorizing the Mayor and City Clerk to enter into an "encroachment and hold harmless" agreement with the Bank of Newport to permit a sign to be constructed in the parkway on 16th Street, subject to the following conditions: (a) No part of the sign may be closer than 5 feet to the existing curb face. (b) The sign must conform to all applicable regulations except location. (c) The bank will maintain the sign and will remove the sign at no cost to the city within 30 days after written notice is given by the city. DISCUSSION: �— Attached is a letter of request from Mr. Ronald L. Rodgers, President of the new Bank of Newport which is located at the southwest corner of 16th Street and Dover Drive. The bank requests permission to install a sign in the parkway on 16th Street until such time as 16th Street is widened. %37z The bank has offered to dedicate 12 feet of additional right of way on the south side of 16th Street at no cost to the city. The widening of the street is the responsibility of the city, but it is not proposed in the immediate future. The bank is constructing its sidewalk in a location that will permit the widening without moving the sidewalk. Recommendation for approval of the request is based upon the fact that the dedication of additional right of way for street widening has resulted in a larger than normal dimension from the existing travelled way to the private property, where the sign would normally be located. The sign would be moved to its permanent location when the street is widened. Att An exhibit will be on display in the Council Chambers 2 1.Q�, eph T. Pevlin lic W6vks Director /bg ., I,. Bank of Newpoft (in organization) Planning Department City of Newport Beach Newport Beach, California n „ c February 28, 1972 Reference Sign Permit number 48082 Gentlemen- We are requesting that the City of Newport Beach permit the installation of our sign on Sixteenth Street near Dover Drive be approved as relocated on the attached drawing. The new location is necessary due to the extreme distance between the existing curb and the new property line. The area between the curb and property line has been dedicated to the City for future street widening which is sometime in the future. The Bank of Newport will, of course, relocate the sign to the original position at the time of the widening and street improvement. There would be no expense to the City for the moving at that time, upon thirty days notification to the Bank. We would appreciate your favorable review of this condition and a reply at your earliest possible convenience/) Very Ronald L. President enclosure 2152 DUPONT DRIVE, SUITE 212 • NEWPORT BEACH, CALIFORNIA 92664 • 833 -8740 scA L E .. 11 1001 i 1 1 1 1 1 r p O 'r A r rA 1@ i -------- - - - - -- 200 P2O1005E0 Z06A7r-1oN 5105W-449) O a V `AAA r� 1 i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TAL L 4 7101 OF TEitifPORAIF' Y 5 16N PAk1ewA Y OF 16TH 5'7z,EE7- APPROVED r1, 11 \r 1 DATE PUBLIC WORKS DIRECTOR R.E. NO. — DRAWING NO. March 23, 1972 G -y TO: CITY CLERK FROM: Public Works Department SUBJECT: INDEMNITY AGREEMENT WITH BANK OF NEWPORT (SIGN IN PARKWAY AT SOUTHWEST CORNER OF 16TH STREET AND DOVER DRIVE) Attached is the original and two copies of the signed agreement with the Bank of Newport, to be executed by the City after approval by Council. The Public Works Department will be sending a memo to City Council on March 27, 1972 relative to this agreement. If there are any questions, please give me a call. Kenneth L. Perry Assistant City Engineer KLP /bg Att. t of , homm Newport March 22, 1972 Mr. Ken Perry Public Works Department City of Newport Beach 3300 Newport Blvd. Newport Beach, California Dear Mr. Perry: We are enclosing the Indemnity Agreement dated March 22, 1972, executed by Bank of Newport, in triplicate. As you know this Agreement indemnifies the City of Newport Beach in certain areas as it pertains to our sign, etc. Please let us know if you require additional information. Enclosures NEM:ma Sincerely L Norman E. Miller Vice President & Cashier DOVER AT SIXTEENTH STREET • NEWPORT BEACH, CALIFORNIA 926601645-5333 i 4 CITY OF NEWPORT BEACH TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1436 Description of Contract Authorized by Resolution No. Effective date of Contract Contract with Address Amount of Contract CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE April 4, 1972 6 Bank of Newport Ta%xrexy Sign Indemity Agrmmant 7655 , adopted on Mn ch 279 1972 26th of March, 1972 Bank of Newport Dover at 16th Street Newport Beach, CA 92660 ity Clerk INDEMNITY AGREEMENT r5 t� THIS AGREEMENT is made this day of Ate}- -, 1972, by and between the BANK OF NEWPORT, hereinafter called "Indemnitor ", and the CITY OF NEWPORT BEACH, hereinafter called "Indemnitee ": RECITALS A. Indemnitor is the owner of certain real property at the southwest corner of 16th Street and Dover Drive, in the City of Newport Beach, on which the Bank of Newport is located; B. In connection with the proposed street widening of 16th Street, Indemnitor has dedicated the necessary right of way to the City of Newport Beach, which, at present, has resulted in a larger than normal dimension from the existing traveled way to the private property of Indemnitor; C. Indemnitor has requested permission from Indemnitee to install a temporary sign in the parkway such time as 16th Street is widened by the at which time the sign would be removed to on the private property of Indemnitor; sak on the attached drawing marked Exhibit "A" by this reference. on 16th Street until City of Newport Beach, its permanent location 3 encroachment is shown and made a part herein THE PARTIES HERETO AGREE AS FOLLOWS: 1. In consideration of the City of Newport Beach permitting the installation of a temporary sign in the public right of way as shown on the attached Exhibit "A" referred to above, Indemnitor undertakes to indemnify and save harmless Indemnitee from any liability or damage Indemnitee may suffer as a result of any claims, demands, costs or judgments against it arising out of any injury or damage to persons or property caused -1- Y by the sign encroaching on public property. 2. No part of the pr4'Ssed temporary sign may be closer than five (5) feet to the existing curb face; 3. The sign must conform to all applicable regulations except location; 4. Indemnitor wall maintain the sign, and will remove the sign at no cost to Indemnitee within thirty (30) days following receipt of written notice from Indemnitee. 5. The indemnity herein provided for will extend from the date of this Agreement, and for so long as the sign shall encroach into the public right of way. EXECUTED on the day and year first above writ APPROVE AS TO RM: Ci�V Attorney C. CITY OF WWPORT BEACH By: 1; 't Mayor ATTEST: �4�N,c- ✓•�ll�s -La• -� City Clerk INDEMNITEE By: -2- Title: DON:mh 3/21/72 0 0 - ScAl F- /001 �, 11 1 1 �1 1 1 11 O 1 111 m 11 1 1�A 1\ ZOO TN i PROP05ED LOC477 -10N � l5'�Acc� c,�' SioEV ✓lc��} � � 8 r 11 1` 1 1 �n �c �m 1 1 4 1 CiTY OF PUSS iC !CRKS DEPARTIMENT /NSTALLgT /O/✓ O� /rte ,�,s,Qi� r� ✓,� v o,�- r� Th' sT,�� E r �1 1 DRAWN DATE APPROVED PUBLIC WORKS DIRECTOR R.E. NO. DRAWING NO. WvWrnym uau