HomeMy WebLinkAboutC-2973 - Agreement for Non-Standard Improvements ( for 111 Shorecliff Road)Docu mot/ /lo.
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
P.O. Box 1768
3300 Newport Boulevard
Newport Beach, CA 92663
Space above this line for Recorder's use only
AGREEMENT FOR NON-STANDARD IMPROVEMENTS
THIS AGREEMENT is made and entered into this _ ?�
day of
, 1984, by and between the CITY OF NEWPORT BEACH, a
municipal corporation, hereinafter referred to as "CITY" and JOHN E. WERTIN,
hereinafter referred to as "OWNER."
W I T N E S S E T H:
WHEREAS, OWNER desires to construct non-standard improvements within
CITY'S Shorecliff Road right-of-way (hereinafter "EASEMENT") along the northerly
property line of Lot 118 of Tract 1116 as shown on a map filed in Book 36, Pages
19 and 20 of Miscellaneous Maps, Records of Orange County, California; also known
as 111 Shorecliff Road, Newport Beach, and hereinafter referred to as RESIDENCE;
and
WHEREAS, CITY has sewer, water and storm drain facilities located within
said easement; and
WHEREAS, CITY desires to condition approval of construction of said non-
standard improvements over said facilities; and
WHEREAS, the parties hereto desire to execute an agreement providing
for fulfillment of the conditions required by CITY to permit OWNER to construct
said non-standard improvements;
NOW, THEREFORE, in consideration of their mutual promises, the parties
hereto agree as follows:
1. It is mutually agreed that "non-standard improvements' shall be
defined as a brick drive apron and appurtenances.
2. CITY will allow OWNER to construct, reconstruct, install, maintain,
use, operate, repair and replace non-standard improvements and all facilities
and appurtenances necessary and incidental thereto, over CITY'S facilities, all
in substantial conformance with plans and specifications therefor on file in the
CITY'S Public Works Department. CITY will further allow OWNER to take all
reasonable measures necessary or convenient in accomplishing the aforesaid
activities.
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3. OWNER and CITY further agree as follows:
(a) OWNER shall construct and install non-standard improvements
and all facilities and appurtenances necessary and incidental thereto, in
substantial conformance with plans and specifications therefor on file in
the CITY'S Public Works Department.
(b) OWNER shall maintain the aforesaid non-standard improvements
and facilities in accordance with general prevailing standards of maintenance,
and to pay all costs and expenses incurred in doing so. However, nothing
herein shall be construed to require OWNER to maintain, replace or repair
any CITY -owned pipeline, conduit or cable in or under said non-standard street
improvements.
(c) That should CITY be required to enter onto said easements
owned by CITY to exercise its primary rights associated with said easements,
including, but not limited to, the maintenance, removal, repair, renewal,
replacement or enlargement of the existing facilities, CITY may remove portions
of the non-standard improvements, and in such event:
(i) CITY shall notify OWNER of its intention to accomplish
such work, if an emergency situation does not exist.
(ii) OWNER shall be responsible for arranging for any renewal
or restoration of the non-standard improvements affected by such work by CITY.
(iii) CITY agrees to bear the portion of the costs of any such
renewal or restoration of the non-standard street improvements not in excess of
the cost which would be incurred for the restoration or renewal of standard
street improvements in the same location.
(iv) OWNER agrees to pay any costs of renewal or restoration
of the non-standard improvements in excess of the costs to be paid by CITY.
(d) OWNER agrees to indemnify and hold harmless CITY, its
officers, agents and employees from all demands, claims, losses or liability on
account of injury or damage to persons or property suffered or claimed to be
suffered as a result of the construction, use, maintenance or renewal of the
non-standard improvements.
4. It is mutually agreed that this Agreement shall be binding upon the
heirs, successors and assigns of OWNER, and shall be recorded in the office of
the County Recorder of Orange County, California.
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IN WITNESS WHEREOF, the parties hereto have cuased this Agreement to
be executed on the day and year first above written.
APP',� ED AS TO FORM:
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
ss
CITY OF NEWPORT BEACH,
a Municial Corporation
By
ayor
On , 1984, before me, the undersigned, a Notary Public
in and for said State, personnally appeared
known to me to be the Mayor of the City of Newport Beach, and
, known to me to be the City Clerk of the City of
Newport Beach, known to me to be the persons whose names are subscribed to the
within instrument, and acknowledged to me that they executed the same.
WITNESS my hand and official seal.
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
ss.
Notary Public
On , 1984, before me, the undersigned, a Notary Public
in and for said State, personally appeared
known to me to be the person whose name is subscribed to the within instrument
and acknowledged that they executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
DE€ -OGRE BAILEY
NOTARY PUBLIC . CALIFORNIA
PMNCIPAL OFFICE IN
ORANGE COUNTY
My Commission Exp. Dec. 4, 1987
Notary Public in and for said State
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