HomeMy WebLinkAbout202 BAY FRONT SOUTHRECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY OF NEWPORT BEACH
PO Box 1768
Newport Beach, California 92658-8915
Attention: City Clerk
(SPACE ABOVE TI4IS LINE FOR RECORDER'S USE) Assessor's Parcel No. 050-041-09
This Notice of Settlement and Release Agreement is
recorded at the request and -for the benefit of the City of
Newport Beach and is exempt from the payment of a
recording fee pursuant to Government Code §§ 6103 and
27383.
NOTICE OF SETTLEMENT AND RELEASE AGREEMENT
BETWEEN CITY OF NEWPORT BEACH AND
AND TOSEPH CIRAULO AND CAROLE CIRAULO
PLEASE TAKE NOTICE that effective October 15, 2007, Joseph Ciraulo and Carole
Ciraulo (collectively "Owners"), husband and wife, entered into a certain Settlement and Release
Agreement ("Agreement") with the City of Newport Beach, Melvin Fleener, Edward Hotz, Paul
Sobek and Harry Michael Dexter (collectively the "City") with respect to the real property
located at 202 South Bayfront, Balboa Island, Newport Beach, California, designated as Orange
County Assessor's Parcel No. 050-041-09 (the "Real Property").
The Agreement provides that the City may record a notice thereof in the office of the
County Recorder of the County of Orange, State of California.
The Agreement further provides that within two years of the effective date of the
Agreement, the Owners shall do the following:
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1. Remodel and rebuild the rooftop elevator structure located at the Real
Property so as to bring the elevator structure into full compliance with all
building and zoning codes and other applicable regulations of the City,
with the exception that the elevator vestibule that protects the elevator
opening from exterior exposure may remain in the size, condition and
dimensions shown on Exhibit 1 to the Agreement ("Exhibit 1"), a copy of
which is available for review and inspection at the offices of the City of
Newport Beach, 3300 Newport Boulevard, Newport Beach, California
51
. r
92663. As part of the remodeling and rebuilding of the elevator structure,
Owners shall remove the bathroom facilities (including the toilet, sink and
shower) and the fireplace on the roof. After the remodeling and rebuilding
of the elevator structure, the structure will consist of a 5-foot by 5-foot
enclosed elevator shaft (as shown by the bold solid line on Exhibit 1) with
an enclosed vestibule of approximately 5 feet by 5 feet on the door side of
the elevator shaft (as shown by the dashed line on Exhibit 1). All other
walls and architectual features (including the architectual features on the
front and side of the vestibule, the storage closet adjacent, to the vestibule,
the walls surrounding the bathroom facilities, and the wall adjacent to the
fireplace) connected to the existing elevator shaft at the roof deck level
will be removed (or reduced in height to comply with all building, zoning,
and other regulations) and all plumbing and electrical for the bathroom
and fireplace will be properly capped. The roof of the existing elevator
structure will be removed except directly over the elevator structure and
the vestibule.
2. Submit and have approved by the City a plan revision to the original
approved building plans that shows all modifications to the elevator
structure from the original plans and which is consistent with the
Agreement. Among other things, the plan revision shall show the addition
of three full height walls connected to the door side of the elevator shaft at
the roof deck level. These three walls with a door on one wall make up the
elevator vestibule to protect the interior -rated elevator door from the
elements. This revision will show the final as -built condition of the
elevator structure as a 5-foot by 5-foot elevator shaft with another
enclosed vestibule of approximately 5 feet by 5 feet on the door side of the
elevator shaft. This plan revision will also show that all other walls and
architectural features connected to the elevator shaft at the roof deck level
are removed (or reduced in height to comply with all building, zoning, and
other regulations) and all plumbing and electrical for the bathroom and
fireplace are properly capped.
3. Obtain all approvals and final inspections for work performed pursuant to
the Agreement to ensure conformance with the Agreement and
compliance with the building and zoning codes and other applicable rules
and regulations of the City.
4. Perform any further work that may be required to ensure that the work
performed pursuant to the Agreement conforms with the Agreement and
complies with the building and zone codes and other applicable rules and
regulations of the City.
In accordance with the terms of the Agreement, upon Owners' completion of the work set
forth above and the City's approval of such work, the City shall record a notice stating that
Owners have complied with the Agreement in full, and that the only remaining obligation of
Owners is to make no further improvements or modifications to the elevator vestibule unless said
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859558.0241/18106
improvements or modifications fully comply with the applicable codes, rules and regulations in
effect at such time.
The obligation of Owners under the Agreement to remodel and rebuild the elevator
structure in compliance with the Agreement constitutes a covenant that encumbers and runs with
the Real Property.
This Notice of Settlement Agreement and Release shall not be amended in any manner or
terminated without the prior written approval of the City nor without the recordation of any such
approval.
CITY:
By:
Romer Bludau
City o a t
Manager �
ATTEST &y - Z / ry/
LaVonne M. Harkless
City Clerk
STATE OF CALIFORNIA
Approved as to Form:
o,— C.
Aaron Harp
Assistant City Attorney
) SS.
COUNTY OF ORANGE )
Nbry�}�
p(JgUG
On o I— D before me, b I;A&1 M641V61- , personally appeared
HbMEP, L-- D , who proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and acknowledged to me that he executed
the same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. i7
N tar ub ' in and for said counjy and state
L. �WAS�HINGTON��
(seal) CommlagonN1b669b2 f
L16 Notary Public - calHomlo
Los Angola County
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