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HomeMy WebLinkAboutHB CO - 1975-01-01 (5)ic TEMPORARY WALKWAY ON EAST SIDE GOLDENWEST STREET Nr4qTH OF PALM AVENUE a PERMISSION TO USE HUNTINGTOX BEACH COMPANY (herej.ri called "Company") hareby gives to the CITY OF HUNTINGTON BEACH (herein called "City") permission, subject to the terms and conditions hereinafter set forth, to use as a temporary pedestrian walkway that portion of the property described in Attachment 1 hereto. 1. During the period that this permission shall remain in farce City shall perform at Cityrs sole cost and expense all work necessary to construct, rerai.r and maintain said tem-, porary pedestrian; walkway. 2. city stall be responsible for any damage to or loss of property, or injury to or death of any person, that directly oil indirectly may be caused, by or arose or vesult From the exercise or enjoyr_nnt of any of the rights herein granted, and shall hold Company harmless from and indemnify it against any and all claims therefor. City agrees to hold Company harmless from and to indemnify it aZRinst any claim for damage to or loss- of property of City in, on and about` temporary pedestrian walkway herei.li described. The responsibility of �,l.ty hereunder shall terminate as of the termination of this agreement as per pamptraph 5 herein except as to those claims, losses, damages., or injuries covered hereunder which arise out of events which occur pricer to ,final. P,areement as per paragraph 5 herein. If .. - P..�a e. _ e`ciyf„ z^:.'.3 L•`a. ~pY �,,� L«ia.F3S?.%' l bear full responsibility dui .ng the restoration work until its completion for the obligations covered by this paragraph. 3. Nothing herein contained or done hereunder shall be deemed or construed to vest in City any right, title or irterest in or to the lands traversed by said temprrary pedestrian walk- way, and City hereby recognizes Company's title to the lands traversed by said temporary pedestrian walkway and City agrees never to assail or resist Company's interest 'eherein, 4. City shall not permit any lien or encumbrance to be filed on said land traversed by said turporary pedestrian walkway by reason of City's constructdng, repairing or maintain- ing same oP in connection with the use of same and City agrees to pay and, discharge such liens and. hold Company free and harmless of and from any liability in cannect:i.on therewith. 5. She permission herein given may be terminated at any time by ed.ther party upon. fifteen (15) day`{ written notice, Upon such termination City shall,, at Cumpany's request and at City's sole cost and expense, remove all paving and other con- struction material From the premises and restore all premd ses to their original. 6ondition. IN WITNESS 'WHEREOF, the parties hereto have caused thi z agreement to be executed this ___A(r day cfr�'"...-., 1974, by their offt.,ers thereunto duly authorized. HUNTINGTON BEACH COMMY' ATTACHMENT 1 That certain real property in the City of -untington Beach,, County of Orange, State of California, described as follows: Those portions of Lot B, Tract No. 260, as said Tract is shown on a map recorded in Book 13, Page 34 of Miscellaneous Maps, in the Office of the County Recorder of said County, more particularly described as follows: PARCEL A A strip of land 10.00 feet wide being a portion of Parcel 2 of a Parcel. Map recorded in Book 40, Page 40 of Parcel Maps, in the Office of the County Recorder of said County, the northwesterly line of said 10-foot strip being the southeasterly lire of Gol.den.,est Street, 105 feet wide; the north- easterly terminus of said 1:0-foot strip being the southwesterly lane of Deep Harbor Drive as shown on a Map of Tract No. 7473 recorded in Book 293, Pages 33 through 40 of Miscellaneous Maps, in the Office of the County Recorder of Maid County; the southwesterly terminus of said 10 -foot strip being the northeasterly line of Parcel 3 of said Parcel Map PARCEL B strip of land 10�00 zeet wide being a portion of Parcel 3 of said Parcel Map, the northwesterly line of said 10-foot strip being the southeasterly line of Goldenwest Street, 105 feet wide; the northeasterly terminus of said 10-foot, strip being the northeasterly line of said Parcel 3; the southwesterly terminus of said 10-foot strip, being the northeasterly line of Palm Avenue C 4 �µ45� �ity of Huntington F,.'Br .t P.O. Box 190 CALIFORNIA 92648 Jt2nilnry 17 0I4 k E Honorable Mayor and City Council v" City of Hunt,i.ngton Beach Atter,tion: David D— Rowlands City Administrator Subject: Huntington Beach Co. Agreement Gentlemen: _ Transmitted herewith Is an agreement for permission to use Huntington Beach Company owned property located � ' along the easterly side of Goldenwest Street northerly of Palm Avenue. This agreement is nacessary for the construction of a temporary pedestrian wa I kway It Is recommended that your Honorable Sousa approve the agreement, authorize the Mayor and City Clerk to execute same, and instruct the City Clerk to file one copy and return aa executed copy to the Huntington Beach Company, 'i The agreement has been approved as to form by the City. Att-orney-'� Very truly yours, Director of Public Works HEH : BPC t - 1 Trans. �l r. r 5r 1 I FlUNTIN TO EACH COMPANY 2110 MAIN FJ'Sk2EET-¢'kiLDNE t71 1 536-GZSI HU2W'fifPelG` ON BEACH, CALIFORNIA 02646 August 5, 1974 .,rot, N 8,tdcar, c'4 J pus atslltt NEF��un m .y ~` I3un3. gton Beach, � �lP\ 'F ` �ttention: Mr. H. E. Hartge f' Director of Public W61cs / b Gentlemen: Enclosed is a letter agreement dated u� 2E a 1974 granting to the City of Huntington Beach a temporary e ent for an asphalt sidewalk in the tixcinity of Colderwest Street d P lm avenue. This agreement replaces the grant o easement dated June 1 197a which was returned to us with your .letter dated Fully 1 ,, 1974.,. untington Beach Company does not wish to have temporary ea ements of s type placed on the County Records, and at the sugges on of the Cit Clerk, we have re- drafted the document in its Ares nt form. If the ocument is accept,abler please have it executed in dupli� ate,by the City o Huntington Beach and return one copy to us. Very truly yours, t JESS W. DAVIS' t JWD/h M F+11ClflSki;'ee rt� C:Ut L-rd".'.ty Clerk wf J0 a a N HUNTINGTON ]BEACH COMPANY 2110 MAIN 197CRELT - PHONE (714) 536-8581 k][U1Y'X`YPdG'1 O N ]F EAC.-H, +LALIVOYc2NLA 92646 July 26, 1974 Tr:APCRARY WALKWAY ON BAST SIDE OF GOLDENWEST STREET NORTH OF PAIM AVENUE City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 A�-t anti.on; Mr. H. E. Hartg'e, Director of Public Works G8i3 tEs�*ar> Huntington Beacn vt?�-u E' fvl 4,�.'L , of Huntington Beach (herein called C,iuy )and conditions hereinafter 'set forth, to rise as a temporary pedestrian walkway that portion of our property dpscrabed in Attachment 1 to this letter. 1. During the period that -this permission shall remain in force City shall perform at C,ty's sole cost 'andsxpense all work necessary to construct, repair and maintain said temporary pedestrian walkway. 2. City shall be responsible for, and'shall pa-- the party or parties entitled to payment for, any damage to or loss of property, or injury to or death of person, that directly or indirectly may be caused by or arise or result ,from the (-*xlrcise or enjoyment of any of the rights herein granted, And shall hold. Company harmless from and indemnify it against any and all claims therefore, irrespective of any negligence of Company, such damage or loss, if suffered by Company and if not mutually agreed upon, shall be ascertained and determined by three disinterested persons, one thereof to be appointed by Company, one by City and the third by the twu so appointed as f'oresaid, and the award of such three persons, or any two of them, shall be final and conclusive. City agrees to hold Company harmless from and to indemnify it against any claim for damage to or loss of property o4 City in, on and about the temporary pedestrizo Walkway herein desorabed, or injury to or death of any person on said temporary pedestrian walkway on behalf of or at the invitation of City, whether "such claim arise out of the negligence of Company or otherwise. I �3 City of Huntington: Beach Page 2 July 26, 1974 3..Aothing herein contained or done hereunder shall be deemed or construed to vest in City any right, title or interest in or to the lands traversed by said temporary pedestrian walkway, and City hereby recognizes Company's title to the lands traversed by said temporary pedestrian walkway and City agrees never to assail or resist Company's interest therein. 4. City shall not pexmit any lien or encumbrance to be fled on said land traversed by said temporary pedestrian walkway by reason of City's constructing, repairing or maintaining same or in connection with the use of same and City agrees to pay and discharge such liens and hold Company fret: and harmless of and from any liability in connection therewith. � S. The permission herein given may be terminated at any time by either party upon 15 days written notice. Upon such. termination City shall, at CompanyPs request, and at City's sole cc.at and expense, remove all paving �._ and other construction material from the premises and restore :he premises — iainal f ndition, _- kgiwf�;, rfi�rG V a 4 i��� ¢��p �a� u. x� �� �'��"' � ar �an � n the 41 -.z 4Aaipf Very txuay HMTINGTON UACH COM1.'MY r .�" ' By ApI?ROVPD AND ACCEPTED THIS � DAY OF f 19741 CIr4IY p�F HUNTINGIY'N BEACH F y, . e f Attachplon i City of Huntington: Beach Page 2 July 26, 1974 3..Aothing herein contained or done hereunder shall be deemed or construed to vest in City any right, title or interest in or to the lands traversed by said temporary pedestrian walkway, and City hereby recognizes Company's title to the lands traversed by said temporary pedestrian walkway and City agrees never to assail or resist Company's interest therein. 4. City shall not pexmit any lien or encumbrance to be fled on said land traversed by said temporary pedestrian walkway by reason of City's constructing, repairing or maintaining same or in connection with the use of same and City agrees to pay and discharge such liens and hold Company fret: and harmless of and from any liability in connection therewith. � S. The permission herein given may be terminated at any time by either party upon 15 days written notice. Upon such. termination City shall, at CompanyPs request, and at City's sole cc.at and expense, remove all paving �._ and other construction material from the premises and restore :he premises — iainal f ndition, _- kgiwf�;, rfi�rG V a 4 i��� ¢��p �a� u. x� �� �'��"' � ar �an � n the 41 -.z 4Aaipf Very txuay HMTINGTON UACH COM1.'MY r .�" ' By ApI?ROVPD AND ACCEPTED THIS � DAY OF f 19741 CIr4IY p�F HUNTINGIY'N BEACH F y, . e f Attachplon i ,, x;:i}y�.; Y ,«e.j a., ,�1� `�?.".'' � .i :�•::�; t1�;'3n �:r�F K. ta; � �tw�Z;:a %��' ,,'�t� � : . ,1� t{��h�» 3 \ y! i$ Y� ri?�,,+ r x w ' '.1.1 .s+9i ATTACHMENT 1 to Letter Agreement dated July 26, 1974 between Huntington Beach Company and City of Huntington Beach That certain real property in the City of Huntington De%.;ch, County of Orange, State of California, described as follows: Those portions of Lot B, Tract No. 260, as sa;.d Tract is shown on a map recorded in Book 13, Page 34 of Miscella�w-.ous maps, in the office of the County Recorder of said C.,ianty, more particularly described as follows: PARCEL A A. strip of Land 10.00 feet wide being a portion, of Parcel 2 of a Parcel Map recorded in Book 40o Page 40 of Parcel maps, in the office of the County Recorder of said County, the northwesterly lane of said 10-foot strip being the south- ` easterly line of Goldenwest Street, 105 feet wide; the northeasterly terminus of said. 10-.foot strip being the southwesterly line of Deep Harbor Drive as shown on a, map of Tract No,, 7473 recorded in Book. 293, Pages 33 through 40 of Miscellaneous Maps, in the Office of the Counts Recorder of said County; the southwesterly terminus of said 10-foot line of Parcel. 3 of said Parcel. PARCEL - A ship Of land 10.00 feet wide being a portion of Parcel 3 of said Parcel. Map* the northwesterly line of said 10-foot strip being the southeasterly line of Goldenwost Street, 1.05 feet widot the northeasterly terminus of said 10M.foot strip being the northeasterly line of said Parcel, 31 the south- westerly terminus of said 10wfoot strip, being the northeasterly line of -Palm Avenue.