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HomeMy WebLinkAbout105-2723-2727State of California . The Resources Arnold Schwarzenegger, Governor DEPARTMENT OF PARKS AND RECREATION Orange Coast District 3030 Avenida Del Presidente San Clemente CA 92672 (949) 492-0802 June 13, 2005 Chris Miller, Supervisor Harbor Resources Division City of Newport Beach 829 Harbor Island Dr. Newport Beach CA 92660 Dear Mr. Miller: Ruth G. Coleman, Director Corona Del Mar State Beach is owned by the State, of California, Department of Parks and Recreation. This State Beach is operated..by the City of Newport Beach under an operating agreement. A portion of the State Beach is submerged and located near "China Cove" which is on the bay near the mouth of the harbor. We have reviewed the proposal presented to the Harbor Resources Division for a new pier and dock at 2727 Shell Street in Corona Del Mar. The attached documents within the file show past discussions regarding previous requests for dock structures at this location and an adjacent property. We understand that a pier was located at this address before purchase by the State, and that it has subsequently been destroyed by wave action. We thank you for your research into the property in question, and fielding the request to build a pier and dock at this location, but State Parks is opposed to the construction of a private pier across its property. If you have any further questions regarding Corona Del Mar State Beach, please give me a call at (949) 492-0802. Sincerely, Blank Page 1 of 1 Ure, Mike From: Ure, Mike Sent: Friday, January 20, 2006 4:28 PM To: Carney, Seanne Subject: Pier Permit Cancellation Seanne, Please cancel the pier permit 105-2723 for 2727 Shell Street, CDM. The pier no longer exists and wont be able to be rebuilt in the area any time soon. Call with any questions, Thanks Mike Ure Harbor Resources 949.718.1844 office 949.355.9061 mobile 01 /20/2006 WORKSHEET FOR BUILDING / FIRE PERMIT APPLICATION � CITY OF NEWPORT BEACH m =sr.BUILDING DEPARTMENT y[spR. PI _FASF PRINT AR TYPF 1. PROJECT ADDRESS (NOT MAILING ADDRESS) � � � � FLOOR SUITE NO. LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT 2. DESCRIPTION OF WORK :17n s A i i /r/ I ',)( 3e, USE 04Wr 4OAl- r f D Pit%I / ZS i �. i tie # OF STORIES 1 36 VALUATION $ NEW x ADD ❑ ALTER ❑ DEMO ❑ SQ FT (NEW/ADDED/EXTG) Check Appropriate Box for Applicant ❑ 3. OWNER'S NAME L ST FIRST SDI OWNER'S ADDRESSOWNER'S -a-7 E-MAIL ADDRESS CITY STAT ZIP PHO ENO. � 31 - 31 ❑ 4. ARCHITECT/DESIGNER'S NAME LAST FIRST LIC. NO. ARCHITECT/DESIGNER'S ADDRESS ARCHITECT/DESIGNER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. ❑ 5. ENGINEER'S NAME ST FIRST STATE LIC. NO. ENGINEER'S ADDR,,ES/S ENGIN ER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. 3ra s'y�- 313 ❑ 6. CO TRACT O NAME l ,I BUS NE>PSS LIC. STATE LIC. f/✓ 1 f[ C 4�73 No. Class CONTRACTOR'S ADDR CONTRACTOR'S E-MAIL ADDRESS CITE,. STAT ZI HON O OFFICE USE ONLY MAR 112005 PERMIT NO. TYPE OF CONSTRUCTION PLAN CHECK NO. ( (p I - 7-00 PLAN CHECK FEE $ 2 q ITY OF NEWPORT �Er OCCUPANCY- GROUP C}� PLAN CHECK ENG. FormskBida aoo ica ion 8127/04 PLEASE PRINT OR TYPE 1. PROJECT ADDRESS (NOT MAILING ADDRESS) FLOOR SUITE NO. LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT 2. DESCRIPTION OF WORK �r t'1 I/ ' y 39, USE 0400-r 4,9-4 - L. # OF STORIES V dp VALUATION $ ' 6�(/Ae9v SQ FT / , le l NEW ADD ❑ ALTER ❑ DEMO ❑ (NEW/ADDED/EXTG) Check Appropriate Box for Applicant ❑ 3. OWNER'S NAME L ST FIRST OWNER'S ADDRESS OWNER'S E-MAIL ADDRES§ r CITY STATE ZIP PHONE NO.- 3 1 l ❑ 4. ARCHITECT/DESIGNER'S NAME LAST FIRST LIC. NO. ARCHITECT/DESIGNER'S ADDRESS ARCHITECT/DESIGNER'&E-MAIL ADDRESS CITY STATE ZIP PHONE NO. ❑ 5..ENGINEER'S NAME ST FIRST STATE LIC. NO. ENGINEER'S ADDRESS v�r%� r ,/, ENGIN ER'S E-MAIL ADDRESS` CITY STATE ZIP PHONE NO. ❑ 6. COFTTRACTO .-S NAMEI a �_.� j / BUS NESS LIC. STATE LIC. (+ ` 1tc 73Y Clas No. s - CONTRACTOR'S ADDRE S f ' CONTRACTOR'S E-MAIL ADDRESS CI STATE ZI _ PHONE NO. OFFICE USE ONLY �An TYPE OF CONSTRUCTION a"►din '�o� PERMIT NO. PLAN CHECK NO. o Vl I - 7 0Cti5 PLAN CHECK FEE $ -2 aa-q ,?,,o OCCUPANCY - GROUP CITY . PLAN PLAN CHECKENG. ormsitsiag_appiicapon r+ `WORKSHEET FOR BUILDING 1 FIRE PERMIT APPLICATION CITY OF NEWPORT BEACH BUILDING DEPARTMENT PLEASE PRINT OR TYPE__ 1. PROJECT ADDRESS (NOT MAILING ADDRESS) FLOOR SUITE NO. LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT 2. DESCRIPTION OF WORK i�I <_4 3g ' USE _-y1 r.,j r IMA I' ' .f . 1,, # OF STORIES VALUATION $ 6r dit✓(/v NEW �r ADD ❑ ALTER ❑ DEMO ❑ SQ FT (NEW/ADDED/EXTG) Check Appropriate Box for Applicant 3. OWNER'S NAME LAST FIRST OWNER'S ADDRESS/ /;}/fj OWNERS E-MAIL ADDRESS CITY STATE ZIP PHONE NO. 4. ARCHITECT/DESIGNER'S NAME LAST FIRST LIC. NO. ARCHITECT/DESIGNER'S ADDRESS ARCHITECT/DESIGNER'S.'E-MAILADDRESS t CITY STATE ZIP PHONE NO. 5. ENGINEER'S NAME LAST FIRST 1. STATE LIC. NO. tvk ENGINEER'S ADDRESS ENGINEERS E-MAIL ADDRESS ('a A z /6 CITY - STATEZIP PHONE NO. 6. CO RACTOR'S NAME BUSINESS LIC. STATE LIC � ,. C)t C 2-7 No. y Class CONTRACTOR'S ADDRSS CONTRACTOR'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. OFFICE USE ONLY _ ? PERMIT NO. TYPE OF CONSTRUCTION MAR 112005 PLAN CHECK NO. PLAN CHECK FEE $� OCCUPANCY- GROUP CITY OF NEWPORT BEACH PLAN CHECK ENG. Formsuda aDo Ica Ion - - .. ... :, �-•—�-.-� lam:.: r n .,._, Ii }" maw q. ilk -CC, NIPL-P liT. MAY, CALW WIFIRIA ,�'� .-- - F .,Offp' \ < ✓ / / �� ' `;7 ._, jP 36. 0 47 j 2^ 1D Stec " /0�fe x8'P�e►^ `K 2.y 3 �, ttcl P�Pt P;le t2 5 ao • ii ;i Date: Inspection Requested By: Inspector: Pier Address: Pier Transfer INSPECTION FORM Harbor Resources Department z 72--� Seel) Sfi. �P��fi ChannQ) Ylee�) Don Duffy Reinspectio.n GFI Present Yes Need None Needed Yes Need Anti -Siphon / Backflow Present Other Comments Eelgrass Yes No Present Pump Out Pier Location Yes No Operational—� Recommended Action. Encroachmenet Address of Complaining Party Boat Description -.CF .Number Location on Dock Comments / Observations Other Request I Mr. Charles A. DaTurk artment of Parks �n Di ri. ion of Boaches and Post office Box 2390 Sacramento, California Dear Mr. DeTur -0 February VeF Chief Recreation on arks 9 811 Reference is made to your setter of November - 1965 i ,whi h . you inquired about the status of a pier locates adjacent to 2727 Shell Avenue, _and the pro o d construc- tion of }pier to be located adjacent to 2 Shell Avenue in the City of Newoort Bench. In your letter you: raised a question as to mhother the exist- ing pier extends across a portion of the property adq%dred by the State for an additiim to Corona Dal Mar State Beach Park and also whether the proposed pier would extend across State property. The answers to both of your questions are s. We have determined that the existing pier ad jacent to 727 Shell Avenue encroaches across Lot 1Block 330 for distance of approximately forty feet. That pier was con- structed pursuant to permit No. A-401 which was approved by the City Council on July 12, 1948 (copy enclosed) . We note that the State acquired title to Lot 10g Block D-33t by final order of condemnation entered by the court on April 100 1 610 in Superior Court Action No, 93944. tinder the terms Othe permit the City reserves the right to remake the past and to compel removal of the pier. Also enclosed is a copy, of Cbpter 4 of Article X of the Newport leach m Mmicipal Cody eretn it is provided at section 10403( ) that the City Council may revoke any Veit to maintain a pier upon the ground that "the apace occupied by such work or structure is over publiely owned land and such apace to to be d ot+*d to public use' It therefore appears that the City council has the authority to revoke the pelt and to compel rowel of the pier, Hoer, in view of the fact that the pier was constructed in apparent d faith and does not at present interfere with the use of the property by the Mr. Charles A. DeTurk -*2w February 2 * 1966 jublic. we would reo ad that such action be deferredo t any time that the State determines that the encroachment is inoompatible with a publics use of the propertyO its real could be swiftly accomplished. With respect to the reposed pier adjacent to 2723 Shell Avenue] we have determined that if the pier were built in accordance with the application submitted to the City it would resultin an encroacbient across Lot Ilo Bloch D►33, which is wed by the State. ince this ,application was approved by the City Council upon the condition that the consent of the State be obtained, and aftee your letter indicates that the State i opposed to the construction,of the pier across its property, the applicant will not be allowed to proceed. In the future you may rest assured that the City will not ap- prove applications for pier permits involving construction on State -mad property, if you _should desire additional informa- tion, please lot me know. Very truly yours Tully 1. Seymour THS:mec City Attorney Eno s o cc - City Eger Public Vora Director December 1t 1965 Mr. Charles A. DeTurkt Chief Department of Park and Recreation Division of Beaches and Parks Post Office Box 2390 Sacramento, California 9 811 Dear Hr. Tarr: This will ackrawled 0 receipt of Yom letter dated November 2, 1565 c ace=%ln , the existing pier located adjacent to 2127 Shell Avenue, and the proposed installation of a pier to be located adjacent to 272 Shell Avenue in the City o New- port 'Beach This office is reviewing the information Con- tained in your letter. Vo will be in touch with Vou again after have completed our reviewof the questions you have raised. Very truly yes Tully H. aur City Attorney Oct City Manager Public Works v' - STATE OF CALIFORNIA—RESOURCES AGENCY EDMUND G. BROWN, Governor DEPARTMENT OF PARKS AND RECREATION DIVISION OF BEACHES AND PARKS - P. O. BOX 2390 SACRAMENTO 95811 i November 2, 1965 1 City of Newport Beach 3300 West Newport Boulevard Newport Beach, California j Gentlemen: i You have, we understand, approved (conditioned upon our consent) the construction and installation of a pier to extend southwesterly from the residence located at 2723 Shell Avenue, Newport Beach. We also understand that { there is an existing pier extending southwesterly from I the residence located at 2727 Shell Avenue, Newport Beach. While we do not have engineering information (a plat of survey or field notes) to support our position, we are informed that the pier, or piers, may extend onto the property acquired by us for an addition to Corona Del Mar State Beach. This, State property is described in the instruments by.which we acquired title, copies of which are attached. Under the terms of the operating agreement under which you are operating Corona Del Mar State Beach, these a lands may be used only for State park.purposes. We, therefore, do not believe, by reason of the provisions of Section 5003 of the Public,Resources Code, that we have authority to allow either of the owners of the residences to attach to, imbed in, or otherwise affix to,this State park property, any structure or facility intended for private use. To the extent that either of the owners have so affixed structures or facilities to this State park property, without prior right to do so, you are asked to take such action as you think appropriate under the terms of our operating agreement to have such structures and facilities removed. Since.you have primary operational responsibility, we do not believe State should bear the -expense of any survey, you determine is necessary, to establish the location of the structures or facilities in question., fames Whitehead$ Superintendent District 6 RECEIVED JUL 13,1985 PUBLIC WORKS DER Alm94 July 9* 1965 Corona Dal Mar Proposed Construction Lowiso Robert 0. ,D. V. muxo, Super -visor Road rr"erty Management UmWgN RRmnR,c 2410 NEWPORT BLVD. _.-.--------.------- - FLOATS AND .BULKHEADS NEWPORT BEACH, CALIF. GENERAL ENGINEERING CONTRACTORS PIERS, PILE DRIVING ETC 92660 PHONE 673-1960 — Area Code 714 May 14., 1965 State of California Division of Beaches & Parks 1416 Ninth Street Sacramento, Calif. Gentlemen: We have processed with the City of Newport Beach an application for permission to install a pier, ramp, float and pilings for Robert C. Lewis, MD. who resides at 2723 Shell St., Corona del Mar, Calif., and have been advised by the City that said app- lication has been approved subject to receipt of a letter from the State of California consenting to the installation. The proposed installation is located bayward from Lot's No. 11 and 4s Block No. C-33, Resubdivision of Corona del Mar, on submerged land which we understand is under State control. Copies of letter from the City of Newport Beach and drawing enclosed. An early reply to this request will be appreciated. Yorurs v vai �-- , y % i.L,U_Lfy, Encl. TRAUT'IN BR bpi Ala 1 Shave , Partner MAY 12., 1965 DR. koacRT Lewis C/O TRAUTWE f N SRO MAR i NE CONTRACTORS 2410 NeWPORT ROUt.�vAR NEWPORT DCACH, CALIFORNIA SUBJECT: HARBOR PERMIT No. A-1389-R $0JECT 14At BOB PERMIT WAS APPROVED DY THE CITY COUNCIL MAY 101 1965, suaje cT To THE C4NR t T 1 O ''HAT THE APPLICANT F t LIZ W I Tt THE CITY A LETTER rROM THt STATE OP CALIFORNIA COtaSM t NCB TO THE CON$TitUCT t oN OF' THE: P t CR AND F't.QAT. THE PM1 1 T WILL NOT DE t SUM UNTIL SA t P LETTER IS FILED WITH THE.CITY- IF` THERE ARE ANY FURTHER OtIEST IONS, PLEASE CALL HE AT 673- 211Cp EXTENSION 27, VtRY TRULY YOURA) ) KENNETH L. PERRY AsS1$TANT CITY ENG1 tep K or j MAY 10, 1965 TO., CITY COUNCIL FROM: PUBLIC WORKS DIRECTOR SUBJECT: HARBOR PERMIT APPLICATION NO. A-1389-R APPLICANT: ROBERT C. LEWIS., M.D. / 2723 SHELL STREET CORONA DEL MAR, CALIFORNIA LOCATION OF WORK: BAYWARD OF 2723 SHELL STREET, CORONA DEL MAR APPLICATION TO: REVISE EXISTING PIER PERMIT TO MOVE FLOAT BAYWARD RECOMMENDATION: THAT THE APPLICATION BE APPROVED SUBJECT TO THE APPLICANT FILING WITH THE CITY A LETTER FROM THE -STATE -OF CALIFORNIA CONSENTING TO THE CONSTRUCTION OF THE PIER AND FLOAT. REMARKS: 1. PRIOR APPROVAL OF THE CITY COUNCIL IS REQUIRED BECAUSE SECTION`23(T) OF THE ADOPTED HARBOR PERMIT POLICIES REQUIRE THAT PIERS BETWEEN U.S. BULKHEAD STATIONS NO. I04 AND NO. 106 ARE SUBJECT TO SPECIAL PERMITS AP-. PROVED BY THE CITY COUNCIL. 2. THE PROPOSED CONSTRUCTION IS BEHIND THE U.S. BULKHEAD LINE, BUT OVER A DEDICATED PUBLIC RIGHT OF WAY, ROCK STREET, AND LOT 11, BLOCK D-33, RESUBDIVISION OF CORONA DEL MAR, WHICH IS OWNED BY THE STATE OF CALIFORNIA AND LEASED TO THE CITY OF NEWPORT BEACH. 3. THE PIER PERMIT AUTHORIZED BY THE CITY COUNCIL MAY II, 1964.9 SHOWED THE END OF THE FLOAT TO BE LOCATED 72 FEET BAYWARD OF THE PRO- PERTY LINE. 4. THE PRESENT APPLICATION IS TO EXTEND THE PIER SO THAT THE END OF THE FLOAT IS 98 FEET BAYWARD OF THE PROPERTY LINE. AN APPLICATION DRAWING SUBMITTED TO THE CITY COUNCIL APRIL 26, 1965, INCORRECTLY SHOWED THE END OF THE FLOAT TO BE LOCATED 85 FEET BAYWARD OF THE PROPERTY LINE. 5. APPLICANT STATES THAT HE DESIRES TO MOVE HIS FLOAT BAY - WARD BECAUSE A SAND BAR HAS DEVELOPED THAT MAKES IT IMPRACTICAL TO INSTALL HIS FLOAT AS PER THE EXISTING PERMIT. SEP T. DEVLIN BLIC K5 DIRECTOR :BE ATTS. APRIL 26, 1965 TO: CITY COUNCIL FROM: PUBLIC WORKS DIRECTOR SUBJECT° HARBOR PERMIT APPLICATION NO. A-1389-R APPLICANT: ROBERT C. LEWIS, M-oD. 2723 SHELL STREET CORONA DEL MAR., CALIFORNIA LOCATION OF WORK- BAYWARD OF 2723 SHELL STREET, CORONA DEL MAR APPLICATION TO: REVISE EXISTING PIER PERMIT TO MOVE FLOAT BAYWARD 13 FEET RECOMMENDATION: THAT THE APPLICATION BE APPROVED SUBJECT TO THE APPLICANT FILING WITH THE CITY A LETTER FROM THE STATE OF CALIFORNIA CONSENTING TO THE CONSTRUCTION OF THE PIER AND FLOAT. REMARKS: 1. PRIOR APPROVAL OF THE CITY COUNCIL IS REQUIRED BECAUSE SECTION 23(T) OF THE ADOPTED HARBOR PERMIT POLICIES REQUIRE THAT PIERS BETWEEN U.S. BULKHEAD STATIONS NO. Io4 AND NO. 106 ARE SUBJECT TO SPECIAL PERMITS APPROVED BY THE CITY COUNCIL. 2. THE EXISTING PIER PERMIT ALLOWED THE END OF THE FLOAT TO BE LOCATED 72 FEET BAYWARD OF THE PROPERTY LINE. 3. THE PRESENT APPLICATION IS TO EXTEND THE PIER 13 FEET SO THE END OF THE FLOAT IS 85 FEET BAYWARD OF THE PROPERTY LINE. 4. APPLICANT STATES THAT HE DESIRES TO MOVE HIS FLOAT BAY - WARD BECAUSE A SAND BAR HAS DEVELOPED THAT MAKES IT IMPRACTICAL'%TO IN- STALL HIS FLOAT AS PER THE EXISTING PERMIT. 5. THE PROPOSED CONSTRUCTION IS BEHIND THE U.S. BULKHEAD LINE. SEPH DEVLIN BLIC` RKS DIRECTOR :BE ATT S CITY OF NEWPORT BEACH — PUBLIC WORKS DEPARTMENT APPL I CATION .FOR, IWAR M. PERM I-T DATE April 5 19 65 CITY OF NEWPORT BEACH CALIFORNIA GENTLEMEN: APPLICATION IS HEREBY MADE FOR PERMISSIONTO APPLICANT WILL DESC0,i,BE'-FIERE,"FULLY' WHAT!HE W3SHES,jTO',D0:'.AND;;P.U'R"R0S 'IOFOIMPROVEMENT under existing permit No. A-1382-R COUNCI--® 5 p i CPfISIT 0cJ Iv THE UNDERSIGNED AGREES TO DO THE WORK IN 'ACCORDANCE WITH THE RULES' REGULATIONS AND SPECI- FICATIONS AND SUBJECT TO THE INSPECTION AND APPROVAL OF THE CITY OFNEWPORTBEACH AND ACKNOWLEDGES THAT THE APPLICATI-ON AND PERMIT ARE SUBJECT TO THE GENERAL PROVISIONS FOR HARBOR PERMITS ON THE REVERSE SIDE HEREOF AND TO ANY SPECIAL CONDITIONS IMPOSED. PI-bert 0. Lewis, M.D. CONTRACTORS TRAUTIATEIN BROTHERS REC'D FEE$ c�1. a�SIGNATURE OF APPLICANT CHECK No. a l3 DATE" 6 ' 2723 Shell.. Sto Ooroaa del Mar FROM MAILING ADDRESS 675-1762 PHONE APPLICATION SHALL BE 1N DUPL.ILATE N0. kff / - GENERAL PROVISIONS NOR HARBOR PERMITS W-AcCEPTANCE OF PROVISIONS: IT IS UNDERSTOOD AND AGREED BY THE PERMITTEE THAT THE DOING OF ANY WORK UNDER THIS PERMIT SHALL CONSTITUTE AN ACCEPTANCE OF ALL OF THE PROVISIONS. 2. PERMIT FROM OTHER AGENCIES: THE PARTY OR PARTIES TO WHOM THIS PERMIT IS ISSUED SHALL, WHENEVER THE SAME 13 REQUIRED BY LAW, SECURE THE WRITTEN ORDER OR CONSENT TO ANY WORK HEREUNDER FROM THE U.S. CORPS OF ENGINEERS OR ANY OTHER PUBLIC BODY HAVING JURISDICTION, AND THIS PERMIT SHALL BE SUSPENDED IN OPERATION UNLESS'AND UNTIL SUCH ORDER OR CONSENT 13 OBTAINED. 3. TRARSVIRR INO REIM I T: TH i s- PERM'.- S. 1_" _�( , TRA,N Sf CONSENT OF TH&COY MUNCh OF W"CITY OF NEWPORT BEACH. 4. INSPECTION: THE WORK SHALL BE &UBJT17 Tpj THE OF THE PUBLIC WORKS DEPARTMENT. THE PERMITTEE SHALL NOTIFY THE PUBLIC WORKS DiPARTMENT AT LEAST 3 DAYS IN ADVANCE OF THE DATE WORK IS TO BEGIN AND BEFORE ITS COMPLETION. 57 PROTECTION OF TRAFFIC: ADEQUATE PROVISIONS SHALL BE MADE FOR THE PROTECTION OF THE TRAVELING PUBLIC..BARRICADES SHALL BE PLACED ON STREETS, W!TH LIGHTS AT NIGHT, ALSO FLAGMEN EMPLOYED, ALL AS MAY aE,REQU!RCD BY THE PARTICULAR WORK IN PROGRESS, THE PERMITTEE SHALL NOT ATTEMPT TO FORBID THE FULL AND FREE USE BY THE PUBLIC OF ALL NAVIGABLE WATERS AT OR ADJACENT TO THE WORK OR STRUCTURE. IF THE DISPLAY OF LIGHTS AND SIGNALS ON ANY WORK HEREBY AUTHORIZED IS NOT OTHERWISE PROVIDED BY LAW, SUCH LIGHTS AND SIGNALS, AS.MAY BE PRESCRIBED BY BUREAU OF LIGHT HOUSES, DEPARTMENT OF COMMERCE, SMALL BE INSTALLED AND MAINTAINED AT THE ZXPENCE OF THE PERMITTEE STRUCTURES SHALL BE SO CONSTRUCTED AS NOT TO OBSTRUCT? INTERFERE WITH OR PREVENT THE FREE USE OR PASSAGE OF ANY SIDEWALKS, STREZT, ALLEY, PUBLIC WAY OR NAVIGABLE CHANNEL. 0. LIABILITY FOR DAMAGES: THE PERMITTZE IS RESPONSIBLE FOR ALL LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE WHICH MAY ARISE OUT OF WORK HEREIN PERMITTED, OR WHICH MAY ARIab OUT OF THE USE OR POSSE5SVON OF SAID WORKS, AND IN THE EVENT ANY CLAIM IS MADE AGAINST THE CITY OF NEWPORT WAS OR ANY DEPARTMEN!, OFFICER; OR EMPLAW THEREOF, THIROUGhs BY REAQYIOT3�9R jyC,fWORK, PERMITTEE SHALL DEFEND., INDEMNIFY AND HOLD THEM, AND EACH OF TMEM, HARMLESS FROM SUCH CLAIM. E7- IF T. 1 REVOCATION OF PERMIT: THE RIGHTS GIVEN UNDER THIS ���ER M 1 T ��ER M I��SS I V E ONLY AND THE CITY OF NEWPORT BEACH R15510RVES FULL RIGH7, POWER AND AUTHORITY TO REVOKE THIS PERMIT AT ANY TIME. IN THE EVENT TH! PERM 177EF FAILS TO REMOVE SAID WORKS WITHIN THE TIME SPECIFIED, THEN THE CITY WINEER SHALL HAVE THE RIGHT TO .IMMEDIATELY REMOVE SAME AT THE COST AND EXPENSE OF THE PERMATTE1. zjR,spAiRb:d-vTWE).PERMiTTEE SHALL KEEP THE STRUCTURES IN GOOD REPAIR AT ALL TIMES. FAILURE TO"EPAIR, WHEN ORITTEN NOTICE HAS a0N GIVEN" '�-,' . 0 1.To a! L VA: SAW E . j, SHALL, BE CAUSE FOR THE REVOCA7100 OF THE PERMIT. r 0 I 0 � I t67F, '. TIS IN FoZMATION Sc. --'V oFF AMAL Pf4o7oGt?,9Pk r&r?- ioCATIoN of 12L" A,"V Pt.OAT. FLEX AND Fl-OAT- WeZE MEASUPF-D IN F>LACJ5 BY WELVENJ IC EsORKE40., Aaj5 - k=�*s> Pjiw4(o fiPiejL laf ObllF, ?-A ttte AAu) 1=60AT AO-C- Mc:� Is 30 30 30 30 30 q - 14 p a 14 AS, 5F,6L :73-3-1- -0- RONA- -DE l-"'m 149 1+ s ser- A,F, oi,�,tQr 0. C.7 Xx 19' RAMP :z 70.4 7 klAMP A" ck, - 40.7 -CoRzIV4 1 ,&-7 - I 30. MY DATE PUBLIC WORKS-DMEr4OR R.E. NO. DRAWING NO. :�A---- PUBLIC WORKS JAN. 5, 1966 CITY ATTORNEY PUBLIC WORKS DIRECTOR IIARBOR PERMIT NO. ` A-4ol (BAYWARD OF LOT 3, BLOCK C-33, CORONA DEL MAR ON JUL.Y 6, 1948, MR. W ILL tAN S. K I LPATR I CKO 1100 E. 33RD STREETS Los ANCsELES, CALIFORNIA, MADE APPLICATION TO nCONSTRUCT PIER. ON JULY 12, 1948, THE CITY COUNCIL AUTHORIZED SUBJECT PERMIT TO: CONSTRUCT A PLEASURE PIER IN FRONT OF LOT 3, BLOcK,C-33 IN ACCORDANCE WITH THE PLANS SHOWN ON THE DRAWING ATTACHED ENTITLED "PROPOSED PIER - WM. S. KILPATRICK 7-3-4&" ,COPY OF THE APPLICATIONS APPLICATION DRAWING, AND PERMIT ARE AT FOR YOUR USE., NO RECORD CAN,BE FOUND I:N ANY CITY RECORDS. PERMIT TO REVISE THE PIER FROM THAT SHOWN OR GPA.-r g, FOR ANY OWN ON THE D IN -�p -7 r 3 _ 4 IN DECEMIBERs 1965, PERSONNEL OF THIS DEPARTMENT MEASURED THE HARBOR INSTALLATION BAYWARD OF LOT 3t BLOCK C-31°,4CORONA DEL MARp AND FOUND THAT IT Did NOT CONFORM TO THE APPROVED PERMIT. A COPY OF A DRAWING IS ATTACHED SHOWING THE PIER AND FLOAT AS IT EXISTS Now. AS YOU CAN SEES CONSIDERABLE CONSTRUCTION HAS BEEN DONE WITHOUT PERMIT FROM THE PUBLIC WORKS DEPARTMENTS EXTENDING THE FLOAT SAYWARD APPROXIMATELY 50 FEET INTO LOT 10,.BLOCK D-33S CORONA DEL MAR. THE ORIGINAL PERMIT SHOWED THE FLOAT TO EXTEND APPROXIMATELY 14 FEET INTO SAID, LOT 10., J. T. DEVLIN KLP:VR ATTS. i harei n ore ra.Cerred to mvi l amirArter dosaxi%d la rewired Is ftr the "tension, improv=erat, and davclopmont of the state to The proporty ho ir.ahovo torra /is all that cert�. 'tnd l in tho County or Cm-k;o,# State of Callron'da, more particularly described as tonows, , to wits -a la 2, 30 60 9 wad; 10 In tlook D-33 of Corona da Ty r, In the city of 1a n port Fkaa.c ix county of zr%-,op atata or C liromia., az por map recorded In book 3 PQm,e 42 or Aiocol3ancous Maps, In the office or Via oo=ty rocorderr ..of Bald county. Lots 3' and 4 in block 2-33 or CorwA cool hex, in the o.lty ©r Nowport Beach,* cawaty o-C C-.ZoO otate of California, at; per map re cord ad in book 3 paGe 42 ®r PLI zeellaneous rhp6 j in the orfloo of the county recorder or said Cot t7v C�PPr any portion theroof lying 'balow tho line of tide as doscrlbad In the door** rondercd April 3, 1942, W 29 30 31 � BOG�569� J, f,1t-i !6.9g � t� - ra t..'.c�-t County of., tel:? L`1C;,1' i�. :..�..�.�.�.�::? ..:1.� Ut`-.•, ,�� . 1 T��. l,�urJ'�, t.a L::,: :� ��:::.�.o�• Coua:•t of.�.c. �,:�"; ;f G:�2S,;o,'�1a in Gaza 5w v:�ia-,:li.;j of Gi;fz::', V.. C�::'L.1.1'LL� 2i f: •i:l.t.r..�� kaa ,'•G'CG�'l�L'101 fiY)r l 3, ' 1942 ill ✓v`,�.. ] yA.l 24`!v:�% 1>.]J G+�; 1C lial Rccord3. '.[[.t C{dT- 71.' Vs� 4� 47ii.uJ. a apolitical, mt d1'.V1L11o.3 of tzdo st"'t�a Of. C"Jito.�.aJ rL:ad the CI:'Y 0: .'�'.�.. c"'t ii�i` . ;irAi, a ";-- UU lclpal co)-poration., :42va Ondy r:uc h S ticrcaL` in su'a a.°t P Oj,3ortf as may arl w by rc-3on of undar and purmL11-it to s,�� ;tion 4)::6 of tae Rovo -.uc grid CcdC wn-d PUrz;L1ZL'-t to ctl'-pul a.tion 11-r-tors i'ilect; IT 13 1;iira� '.VaLa�:.+� vl t frcca *Li13 monoyd taro in Court C. a purcLa3r+t to uaid jud"'::'10-at tlw C 0 L UY AU(Uto-'y '�'10 C'ov.nty Clark, dnd th (:o,=ty T1,0acu.:.�ov 01f too'Of eac.11 of t'Ic.t, pay and exaze to bz% ♦♦A a�yyy a{yi{,.'ili - - C;ULL1,� �Uk 3'. 4 Of , 1�r .i.T ' .pW .• l�f `• "P «+, ,�' ���'• i� 4V h{� l c1ty of .1.. • air '41i•---"� for 4 4 A .:.: i, M \ Y:. J.�, x•I w J )� Aa.JY X ,J�.J 9 t� { \..�IY�I I..wIL U lt t ha County 01 o.Y'iry Altt►.a t.. a yai • li •. •_Lui�C'L-' fll 1, CU•,nt-y of of 'cho ms pay td to VIC {:C _"t;:1t;�:t►, Y ;.r d �,.. •,� n•va✓ rf Y»r E7. Y�..,.; • :.� +. , i .o.r a ! b .1.A.:.� L ► �y1' A. 1.ov:.d r-+�.`..� �' .1..1 -a 6 f'�•. �. a of. V-ii..., rsti (j: to q �.� tip.' , ,;TY p°�v°...�:, jLa l3ii J.++ 1. r.1.. 1. .►, 1:.�:x�. �y°tiaV��;Ity•' .6.La.'L.1.ai� fir. •a.r :�:r.' i�.. a.• VIN 0. w a i;c:rc in a�r ^ ��-° ' � be e .r 4i.Y a•.. ...4svla a:,. ...'4..6 .e aJ:.✓ w.1.a.�W V. '..• (11 �f•1', ."4 •l� W '0 'Clio tn'JcLr�" oP o: ui• t?'�"c. cou".1ty Gi' C1t;J Y'C;: ".L1 or z''tz:,i2t3 O C 1,—"Y.- IT IS iTU7l'L- r .- ..�i !L.., 4.a.Jy AND n+ r. n ..�,. �b-n.t f x`C::� i s 2 aaroonn : ion,, all c oa.at "t.,%Yna for 'uzO ciu'rezit �'f'-.acal yc3x 4 h(3rain acquJa." Obi by .Uie plaIntIff, PeOP .0 Of IMO StaU Of forrda Z11 C "XI, this • Ir ag I KA;RL LYNN DAVIS i T�Q 1� THE i=ORU',WdC INmUm�Ri ►s �C+fiRC.C'i Go"I�fi �lia�. 6diilglri,AL are FILE rr� 7s-li�•Ca��lC6" alai �..Aa 13 rc /A4L,L'AQ G , .,. C4erk ,pt" ¢he 14 g01�§69r court b& tV7e in ror1Q t1N Q Gbi!n 4r �r �•., J i� ° .. D9pui'4 III 1 3.7 20 RECORDED AT REQUEST OF 22 STATE Of CAlffoRNLA I ti C.I f 1CI-r,L.. i3CCURDS OF 2 ORANGE COUNTY, CALIF. APR 14 1961 . !�AA 24 RIJ13Y McFA,"U,0, County Recorder I 26 27 28 29 30 i use, care maintenance and control of said real property, for the purposes of the State Park System, be placed under the jurisdiction of said City of Newport Beach; NOW THEREFORE-, in consideration of the mutual covenants herein- after contained, the parties hereto agree as follows: 1. That said City of Newport Beach shall have, for a period of fifty (50) years from August 193% 1949, the care, maintenance and control of the'real properties hereinafter identified, for the purposes of the State Park System, and to that end and during said period of years, the said .City given jurisdiction and control of said properties for thou oses is herebygi __.. --.-_._,_ _ T of develoying,--mmaa-nta3.nan controlling, using,and operating the same or lay rounc"C� recreationaY and "beac"�i par�kPurposes�,,. an,T at dur ni g ..said— P,,., ,.� yg . �,... w_ ,, ._ µ .. M4,., w_., .. eriod said City shall pay all the costs of _developing, maintaining, con- froilirig,"using and operating said beach properties for said purposes and the State shall not, during said period, be called upon or be liable for the cost of said development, maintenance, control, use or operation. It is understood and agreed that said City shall have the right to renew this lease at the end of said period for an additional like pod of time. Notwithstanding anything herein contained to the contrary, this agreement may be terminated and the provisions of this agreement may be altered, changed, or amended, by mutual consent of the parties hereto. 2. While this lease a reement, ,.:is in force „ andr of fect,H said _-g.... properties shall at all times be acc essible and subject to the use and en ent of all citizens of*the State of C,ali,fornia, _,an_d all other persons _ J __ym. entitled to use and enjoy the,.same,TM subject, however, in the matter of such`A use --and enp—.MentT; to Mthe jurisdiction of said City in conformity with this lease agreement. In this respect said City is hereby authorized to grant such concessions of special benefit to the public using said. beach areas to the end that greater use and enjoyment thereof will be derived. Such con- cession agreements shall be submitted to and receive the approval of the State Park Commission prior to the effective date thereof. The rights of the public to the use and enjoyment of said beach areas shall thereupon become subject to such concession agreements or to such rules or regulations as may be promulgated by said City for the use and enjoyment of such areas. Any such rules promulgated by said City shall conform to and be consistent. iom with the rules and regulations promulgated by the said State Park Commiss and generally applicable to the State Park System. The properties herein after identified shall not be used for any other purpose than the purposes herein enumerated. 3. Said City shall maintain and keep in good order and repair any and all buildings or other structures that are now located on said beach premises or that may hereafter be constructed thereon. In connection j with such buildings or structures as are now located on said beach premises, it is understood and agreed that any liability which may arise or be ad- judged, decreed, or declared, shall be assumed by the City if such liability ' should arise or grow out of the neglect and failure of said City to keep 1 said structures in proper condition and repair. 4. Said City may, subject to the approval of .the State Park Commission, grant concessions in or'upon said State Park:areas consistent with the use thereof for park and playground purpose s9 such concessions t® be primarily for the benefit and enjoyment of the public using said beach 12- i park areas and not for the profit or revenue purposes to said City. If any profit is derived therefrom, such profit or the profits from other charges for special services or accommodations collected by said City of Newport Beach shall be paid into the treasury of the City of Newport Beach for general recreation and park purposes within the City of Newport Beach,-in eluding the cost of policing, maintenance and improvement by said City of anyCity park or beach. "It is agreed and understood between the parties hereto that any such charges, fees, or collections made by the City for services, benefits, or accommodations to the general public in connection with the operation, control, care, and management of said State beach areas shall be limited as far as practicable to actual needs for maintenance, safety, sanitation and bodily comfort, and that commercialization for profit, other than as herein provided, shall not be engaged in by.said City. 5. It is further agreed and understood between the parties here- to that any development, beach erosion, control, or protection work which may be undertaken by the State or the United States of America, along or on said State beach areas, in the manner provided by law or under the rules of the Commission, shall not, in any way, be construed as constituting a termination of this lease agreement or in any way affecting the same. The State Park Commission shall have the right to enter into agreements for such work during the term hereof and -to go upon said beach parks or to authorize any person, firm or corporation to go upon the same for the purpose of such construction, beach erosion, protection or control work, or the doing of other public work for the improvement or development of said State beach areas. 6. It is further agreed that any and all development, construc- tion or improvement other than the -above mentioned shall be under the supervision, control and subject to the approval of, the State Park Com- mission 7. (Deleted by mutual agreement on November 15, 1950)_. S. It is further agreed by and between the parties hereto that the books, records, and accounts applying to the operation of said beaches kept by the City shall always be open for audit and inspection by the State Park Commission. Upon the termination of this lease agreement all improvements and other installations shall be the property of the State of California, .and the City shall not be entitled to any reimbursement for payment -for any work, labor, or material placed in or upon properties. 9. It is understood and agreed by and between the parties here- to that the City of Newport Beach and the State Park Commission intend to acquire additional beach properties within the City of Newport Beach on a matching basis, and any additional properties acquired by the State Park Commission in this or any other manner in the City of Newport Beach may be leased to the City of Newport Beach under this base lease agreement, under' the same terms and conditions, when (a.) the City Council of the City of Newport Beach, by resolution, requests that said additional property be made a part of this lease agreement, and (b) the State Park Commission, by, order, approves the inclusion of.said properties within this lease agreement. 10. The real properties owned by the State of California, the control, jurisdiction, care and' maintenance of which are by this lease agreement given over to the City, shall be known as the "Corona Del mar, -3- State and City Beach Park', and are identified"as follows: (See map attached) IN WITNESS WHEREOF9 the parties hereto have executed this Lease Agreement in triplicate on the day, month, and year first above written. STATE PARK COMMISSION OF THE STATE OF CALIFORNIA By_/s/ J. R. Knowland Carman ATTEST: / J . H. Covington ,Ls Executive Secretary APPROVED: /s/ Warren T. Hannum Director or Natural Resources -.,::=APPROVED BY: /s/ D. H. Blood _ Deputy Director -Controller CITY OF NEWPORT.BEACH By_ / % Dick Drake - Mayor ATTEST: 1 / C..K. Priest City Clerk- (SEAL)' �I 1 AMENDMENT NO. 3 TO OPERATING AaRN3' ! between the 3 STATE OF CALIFORNIA, Acting '.through a Its Department of Natural Resources i and the d CITY OF NEWPORT BEACH 7 e THIS AaRZ101ENT, made and entered into this 8th day of 9 February, 1961, by and between the STA72 OF`CALIFORNIA# acting 10 through its Department of. Natural Resources# hereinafter referred 11 to as. "State" and the CITY OF NNWPORT BBACH` aMunicipal` Corpora- 12 tion, : hereinafter referred to as "City"; 13 WITNIS82TH: 14 15 WiZFMAS, State and -City entered into an operating agree- ld went under date of August 19, 1949i relating to the developments 17 maintenance and control of certain lands located in the City of 16 Newport Beach for, recreational and park purposes; and 19 WHEREAS, specific provision is made in said operating 20 agreement of August 19, 1949, for the inclusion of additional 21 properties; and 92 WHEREAS, State has acquired certain additional real 23 property in the City of Newport Beach, hereinafter more parti- cularly described, and 25 WHEREAS, it is the intent of the parties hereto.to in-` .1 2i elude the land herein described in the current operating agree- 27 went referred.to above; i 28 NOWn THI FORE,, in consideration ' of the mutual covenants, 29 and benefitaia the parties hereto.agiree to amend said operating 30 agreement of August 19 a 1949 to include the land des oribed as 31 follows r o . `r �-� - <� . t ` W1411c • Y ec t/24/61' (12Y I 1 ; RESOLUTION NC. 2 A RESOLUTION OF THE CITY COUNCIL OF TILE CITY OF 14EWPORT BEACH AUTHORIZING THE EXECUTION OF AMENDMENT :NO,, 3 TO OPERATING AGREEM NT WITH RESPECT TO THE CORONA DEL MAR STATE AND CITY 4 !: BEACH PARK i' 6,. WHEREAS, there has been presented to the City Council of 7 the City of Newport Beach a certain agreement dated the }tea day of 8 February, 1961, entitled "AMENDHENT NO. 3 TO OPERATING AGREEMENT 9!; between the STATE OF CALIFORNIA, Acting through its Departmrt of i 10! Natural Resources and the CITY OF NEWPORT BEACH". amending t`he a 11, operating agreement dated August 190 1949, between the State.eizd 1 12' City relating to certain property ;chow n as the Corona dal mar 13 State and City Beach Park to include therein upon Its acquisition 14 by State the land described as follow 15� DESCRIPTION: (Jack A. Beaver, et al. Parcel) 161 Parcel 1. Lots 11 20 30 39 9 and 10 in Block U-33 17 of Corona del Isar, in the city of Newport Beach, county of. Oraage, State of California, as per map recorded in book. 3 page 42 of Miscellaneous MAps t 18 in the office of the county recorder of said county. i 19' Parcel 2. Lots 3 and 4 in block E-33 of corona del Max, in the city of.Newport asach, cowity of 20. Orange, state of California, as per map recorded La book 3 page 42 of Miscellaneous Maps, in the office 21, of the county recorder of said county. 22' EXCEPT any portion thereof 1y4% below the line of wear. h1gh tide as described in the decree rendered 23' Apr i 94? i a e ! p i 3, 1 , n an action nLitle county of Orange,, Plaintiff, vs. Shirley H. Willits, and others, 24 de.feadaatst Cage-,aI+o. 40024 in the Superior Court of the State of California in and for the count? of 25i Oram e a certified toy of which was recorded 26 27 281 29 '* 30 31' 32. 1 a ad Apr Li , 1942 in book 1141 page 353 of. Official Records; tMEItI:AS the City Council has considered the terms and conditions of said agreewnt and found them to be reasonable and equitable and in tha ,interests of the City; approved, NOW, T;MRSFORB, BE IT RESOLVED ti-mt said agreement . be and the Mayor and City Cleric are hereby authorized and i 1., directed to execute the same on behalf of the City of Newport'Beac.. 2 ADOMD this 27th day of ebruary, 96 3 41 mayor 5 ; A EST 0 6� �,,4 7City clarx 9 10; 11� 12 13, 14 3 15 a y 16 17 .18 19 20 21 g. 221 23' 2526 r, ®r�:: 27 DEFA. �TeV:r�sT OF'I* ^R.��,I��1= 2e.;: JUL 61962 29 . CHAMPION, DIrecaor 30 IHALE BY ORIGINAL SIGNED By i EMiI A RElA7 5m or Counsel 31, 32: 1 a. 2• s STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH I, MARGEM SCHROUDER, City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution _ _ No # 5372 was duly and regularly adopted, passed, and 'approved by the City Council of the City of Newport Beachl California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 27th day of February 19`� by the following voto., to wit: AYES j COUNCILMEN: Kingsley, Atkinson, Cook, Stoddard, Hart, L6rens, Soarers NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None, Dated this 6th day of March 19 G1 y er an x- c o Clerk o e City Council, City of Newport Beach, State of California., I ■ 1 AMENDMT NO. 4 TO OPERATING AGREEMENT 2 between the 3 STATE OF CALIrCRNIA, Acting ' by and through 4 Its Department of Natural Resources 5 and the $ CnIY OF NEWPORT BEACH 7 8 THIS AGREEMENT, made and entered into this 6th day 9 of February, 1961, by and between the STATE OF CALIFORNIA, acting 10 - by and through its Department of Natural Resources, hereinafter 11 f referred to .as .KStateeand the CITY OF NEWPORT BEACH, a Municipal 1g Corporation, hereinafter referred to as *City*; 13 WITNESS ITH': 14 WHEREAS, State and City entered into an operating 16 agreement under date of August 19, .1949 as -amended by Amendment 16 No. 2 to operating agreement dated August 22, 1960 relating to the 17 development, maintenance and control of certain lands located in 19 the City of Newpw t Beach for recreational and park purposes; and 19 WHEREAS, specific provision is made in said operat- 20 ing agreement of August 19, 1949, for the inclusion of additional 21 properties; and 22 . WHEREAS, State has acquired, or is -,in the process 23 of acquiring, for park and recreational purposes certain addi- 2a a tional real properties in the City of Newport Beach hereinafter P P y 96 more particularly described; and 26 WHEREAS, it is the intent of the parties hereto to 97 include the land herein described in the current operating agree 98 vent referred to above; 29 NOW, THEREFORE, inconsideration of the mutual' 30 covenants and benefits the parties hereto agree to amend said 31 operating agreement of August l9, 1949a to include the land 3 2f 24/61 (12) - 1 ; JESOLt1TION NO. 5373 2 (' A RESOLUTION OF THE CITY COUNCIL OF THE CITY ii OF NEWPORT BEACH AUTHORIZING TIC EXECUTION OF. .3'!!; AMEiVMEWL NO, 4 TO OPERATING AGREEMENT WITH RESPECT TO TiM CORONA DIIL MAR STATE AND CITY. 41. 'BEACH PAllz WHEIfhAS. there has been presented to the City 'Council of 7� the City of Newport Beach a certain agrent dated t'ie Sth day of 8 ; February, 19610 entitled "AMENDF�'.tar �fU. 4 TO OPERATI;gG AGREEWNr 9I hetween the STATE OF CALIFORNIA, Acting by a:ad through Its D? part- 101 went o± Natural Resources and the CITY OF NEWPORT ARACH"s amending 11 ! o the operating agreement dated August 199 19490 between the State 12 , and City relating to certain property '.;.noun as the Corona del Haar 13 State and City Beach Parc to include therein upon its acquisition 14 , ►,y Stato , the land descritl ed as follows: (Previous owner: Ronald 151 Cr Davis, et al) 16 ' All that certain property situate in Vte City of Newport 3each, County of Orange, , State of 1" - Californis, wre particularly d-,ar�r .'red as follows s 18! Lots 4 and 11 in Block D-33 of Coroaa del Mar 19 as shows on the ma recorded in Boo 3 pages 41 skid ,42 of Misc2laneous !Maps, records of 20 : Oran e, Cou.�►ty, Californ La; 21` and 22 W�iEREAS, than City Council has cous idered 'the tenet and 23 { coa unions of said agreement and found these '"- he reasonable and „ 24 equitable and in t'ie interests of Lhe City; i 25 ` NOW, Tlik.11ErORE, BE IT R'ESOLInD that said agreeriant be s 26 i arpproved, and the Playor and City C1er�• are hereby a.sthorized and 271 dtrec ted to execute Vho- same err, behalf of the City of Newport i 28' Beach 29: ADOPTED this. 27th day of :.truary, 1 1. 30; 31 Mayor sT; 3 ty C erk r