HomeMy Public PortalAbout1969-05-06 Marquee Agreement - Felix Stein A G R E E M E N T
THIS AGREEMENT, made and entered into this l �., day of
1969.
BY AND BETWEEN CITY OF FULLERTON, a body
politic and a municipal
corporation of the State
of California, hereinafter
referred to as "CITY"
AND FELIX STEIN, hereinafter
referred to as "OWNER"
W I T N E S S E T H:
WHEREAS, South Harbor Boulevard, formerly known as South Spadra
Road 80.00 feet wide was dedicated as a public street by the recorda-
tion of the "Townsite of Fullerton" as per map recorded in book 22,
page 3 et seq. of Miscellaneous Records of Los Angeles County,
California.
WHEREAS, the street improvements initially constructed within
the street easement consisted of curb and a 12-foot wide sidewalk on
each side of the street with 56 feet of asphalt pavement between curbs.
WHEREAS, the Owner being fullyavere of his and the City' s rights
in the area encumbered by said public street easement has constructed
building improvements, including an 8-foot wide marquee in said area.
The rights exercised by Owner in constructing said improvements are
not inconsistent with the rights possessed by the City.
WHEREAS, the City Council on December 5, 1967 adopted Resolution
No. 4737 adopting Specific Plan SP-35 governing the development of the
Harbor Boulevard Underpass.
WHEREAS, on May 14, 1968, by Decision No. 74097 the Public Utili-
ties Commission authorized the City to proceed with the construction
of said Underpass.
WHEREAS, the construction of the Underpass, which includes the
widening of South Harbor Boulevard in front of the Owner' s property
would create a conflict with the existing marquee and would cause said
marquee to endanger life, and therefore, it must be removed.
NOW, THEREFORE, in consideration of the premises and the covenants
and promises herein contained, the parties hereto agree as follows :
1. Both parties agree that the full amount of damages that will
be suffered by the Owner by the removal of said marquee including the
value and loss of use thereof, any replacement thereof at a different
place not in conflict with said Underpass or any of its approaches or
in conflict with any law, the cost of the removal and all other damages
resulting to the Owner or his property from the removal thereof will
be fully compensated and dischar. ed by the payment to the Owner by the
City of the sum of $ , �1Q G? f
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2. City agrees to pay said sum to the Owner within 30 days from
the execution of this agreement.
3. Owner agrees to remove said marquee on or before June 1 , 1969.
4. Owner agrees that if the removal of said marquee is not
accomplished on or before June 1, 1969, for any reason whatsoever, that
the City or its authorized agent shall be permitted to enter upon
Owner' s property, if necessary, to remove, dispose of or destroy said
marquee, as the property of the City and the Owner agrees to reimburse
to the City its actual incurred costs to accomplish said removal in an
amount not to exceed $300.00.
5. Nothing in this agreement shall be construed as a waiver or
alteration of any requirements , regulations or standards which City has
or may wish to adopt for the development of said Underpass in the best
interest of the public, nor shall the City be required to replace the
said marquee at any other place or location, or permit it to be replaced
or installed at any other place or location in conflict with the said
underpass or its approaches or in conflict with any law.
6. The parties have herein set forth the whole of their agree-
ment. The performance of this agreement constitutes the entire consi-
deration and shall relieve the City of all further obligation or claims
on this account, or on account of the location, grade or construction
of the Harbor Boulevard Underpass.
7. The Owner shall be indemnified from and held free and harmless
by the City from all costs and expenses , including attorney fees , and
all liability and claims and demands of others , for loss of or damage
to property, or injury to, or death of persons , which may result directly
or indirectly from the City doing or causing to be done , the work of
removing the said marquee under this agreement.
IN W�INESS WHEREOF, the parties hereto have executed this agreement
on '= 1969.
CITY OF FULLERTON
APPROVED AS TO CONTENT: ATTEST:
1. }
City Clem.
Director of 'Public Worl
APPROVED AS )TO FORM: Owner
City Aytorndy--
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