HomeMy WebLinkAboutC-5819 - Letter of Understandingv
LETTER OF UNDERSTANDING
THIS LETTER OF UNDERSTANDING has superceded the previous LETTER OF
UN4.ERJSTANDING executed May 8, 2002, is made and entered into this t' day of
f�i6itrn y 2003, by and between Little Balboa Island Property Owner
Association, a !California non profit corporation, (hereinafter "OWNER"), and the City of
Newport Beach, California, a municipal corporation organized and existing under and by virtue
of its Charter and the Constitution and the laws of the State of California, (hereinafter "CITY").
This "Letter of Understanding" is a condition of the City of Newport Beach Encroachment
Permit No. N2002-0043 to allow the installation of four each 6-foot tall lighthouses with low
voltage lighting in the medians located within Park Avenue right-of-way legally described in
Tract 742 Map of Resubdivision Section One of Balboa Island; as shown on a map recorded
in Book 6, Page 30 inclusively of Miscellaneous Maps in the office of the County Recorder of
Orange County, California;
OWNER and CITY agree as follows:
1. OWNER desire to provide the four each 6-foot tall lighthouses to the CITY, to be
installed by the CITY, (hereinafter "PERMITTED IMPROVEMENTS") within Park Avenue right-
of-way (hereinafter "RIGHT-OF-WAY) in the locations shown on Exhibit "A" hereto attached.
CITY traffic engineer has reviewed the plan for the PERMITTED IMPROVEMENTS and
approved the design and location as provided in Permit No. N2002-0043 and General
Services Department.
OWNER shall maintain the PERMITTED IMPROVEMENTS in accordance with general
prevailing standards of maintenance. OWNER shall be responsible for all required repairs,
and at OWNER's option, replacement of the PERMITTED IMPROVEMENTS as necessary
due to vandalism or damage.
2. Upon the request of OWNER, CITY will coordinate with CITY's landscape
maintenance contractor to arrange for installation of seasonal color plants in the medians.
OWNER shall be responsible for paying the CITY's landscape maintenance contractor directly
for periodic seasonal color plants and installation cost. All periodic seasonal landscaping
within the median shall be maintained at a maximum height of 24-inches.
3. In the event either party breaches any material provision of this "Letter of
Understanding", the other party at its option may terminate this "Letter of Understanding". In
the event the breaching party is OWNER, CITY may enter upon the RIGHT-OF-WAY and
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remove all or part of the PERMITTED IMPROVEMENTS installed by the CITY. Termination
because of breach shall be upon a minimum of ten (10) day notice, with the notice specifying
the date of termination.
Rights granted under this "Letter of Understanding" may be terminated by CITY at any time by
giving 60 days' notice, specifying in said notice the date of termination. CITY shall incur no
liability whatsoever in the event of the termination of this "Letter of Understanding", or
subsequent removal of improvements by CITY.
4. OWNER has designated the Association President as administrator to ensure
compliance with the provisions of this Agreement. Owner will designate replacement
successor administrators from time to time and will notify City administrator of these changes
in a timely manner. All notices to OWNER shall be addressed to: Little Balboa Island
Property Owner Association, P.O. Box 74, Newport Beach, California, 92662 (949-723-6416
phone). CITY as designated Marcy Lomeli (Park & Tree Superintendent, General Services
Department) as administrator to ensure compliance with the provisions of this agreement. API
notices to CITY shall be addressed to: City of Newport Beach, General Services Department,
3300 Newport Boulevard, P.O. Box 1768, Newport Beach, California 92658-8915 (949-650-
5643 fax, 949-644-3069 phone).
IN WITNESS WHEREOF, the parties hereto have caused this "Letter of
Understanding" to be executed on the day and year first -above written.
APPROVED AS T,@ FORM:
By:
ATTEST:
CITY OF NEWPORT BEACH,
a Municipal corporation
By:
Attorney City Manager
cL.�1��
City Clerk
OWNER: Little Balboa Island
Property O - ner Associatio
By:
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EX/-I/BIT "A"
Man Marvicsin
HAND. PAINTED & VINYL LETTERING
WOOD SIGNS•TRUQ(S,BANNERS•BQATS
'' a , a924-2907
7 -888-S16NS25
The Wooden base is 2" thick,
with a 6" hale in the center far the GFI eutiet.
In a 6 inch radius, use threaded rod
whatever diameter yeu like, this will have
9/2 inch lilut hales drilled but you may
redrill if needed. The lhthouse will be
easily mounted onto the wooden base
ardund the bettSm edge when rSy.
6" radius for mounting rod
Total height 72"
ANCHQB NUTS wim WASHERS
2 OF Z
EXH/B) T "A"