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HomeMy WebLinkAboutC-3750 - Agreement for Non-Standard Improvements (Sea Island)Space above this line for Recorder's use only AGREEMENT FOR NON-STANDARD IMPROVEMENTS Agreement, made and entered into this r-) day of , 1987 , by and between The Lusk Company, herein- after referred to as "Developer", the Island Lagoon Homeowners Association, hereinafter referred to as "Owner", and the City of Newport Beach, a municipal corporation, organized and existing under and by virtue of its Charter and the Constitution and the laws of the State of California, hereinafter referred to as "City". RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 87-6177s/ PECgQ060: Nf5f87 This WITNEETH WHEREAS, Owner is a non-profit mutual benefit cooperation formed under the laws of the State of California, and is respon- sible for the repair and maintenance of certain common areas, including the private streets, located within the Sea Island residential Condominium subdivision, herein referred to as "Sea Island"; WHEREAS, Developer desires to construct certain improve- ments, hereinafter "non-standard improvements" within Sea Island as shown on Exhibit "A" attached hereto and made a part herein by this reference, located along Lot A (Sea Vista Drive), a private street of Tract 9676, owned by Owner and shown on a map filed in Dook 482, Page 1 to 6,, inclusive, of Miscellaneous Maps, Records of Orange County, California; and WHEREAS, underlying said lot is a public utility easement granted to City, hereinafter "Easement"; and WHEREAS, said non-standard improvements may interfere with City's ability to construct, operate, maintain, and replace City's public utility facilities within Easement, and WHEREAS, the underlying public utilities benefit the tract NOW, THEREFORE, in consideration of their mutual promises, providing for fulfillment of the conditions required by City to permit Developers to construct said non-standard improvements for the benefit of Developer and Owner, VOW,- in -nensid.sra ,ion of their mutual promises., the parties hereto agree as follows: 1. It is mutually agreed that non-standard improvements shall be defined as textured concrete pavement; guard gates;' and appurtenances within the Easement as shown on Exhibit "A"; and any additional landscaping or improvements other than ground cover of standard street improvements. 2. Should City be required to enter said Easement to exercise its primary rights associated with said Easement, including, but not limited to, the maintenance, removal, repair, renewal, replacement or enlargement of the existing or future public utility facilities, City may remove portions of the non --standard improvements, as required, and in such event: (a) City shall notify Owner of its intention to accomplish such work unless an emergency situation exists so that prior notice cannot be given; (b) Owner shall be responsible for arranging for any renewal or restoration of the non-standard improvements affected by such work by City; (c) City agrees to bear the portion of the costs of any such renewal or restoration of the non-standard improvements not in excess of the cost which would be incurred for the restoration or renewal of standard street improvements in the same location; and (d) Owner, from the date Owner accepts said non-standard improvements for maintenance and operation, and Developer, to said date of acceptance, agrees to pay any costs of renewal or restoration of the non-standard improvements in excess of the costs to be borne by City as provided in this Agreement. 3. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. AP ROVED AS TO FORM: obert H. Burnham, City Attorney CITY OF NEWPORTEACH, a Municipal Corporation By: Jo C. ox, Jr., Mayo -2- THE LUSK COMPANY, A California Corporation ISLAND LAGOON HOMEOWNERS ASSOCIA- TION, a California non-profit mutJal benefit corporation By: By: r STATE OF CALIFORNIA COUNTY OF ORANGE ) ) ) SS: On , 198, before me, the undersigned, a Notary Public in and for said State, personally appeared John C. Cox, known to me to be the Mayor of the City of Newport Beach, and Wanda E. Raggio, 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 in and for said State On April 27 , 1987, before me, the undersigned, a Notary Public in and for said State, personally appeared David M. Yeager , known to me to be the President and --- , known to me to be the --- of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. i OFFICIAL SEAL JACQUELINE F. COFFIN NOTARY PUBLIC • CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp. May 26, 1990 STATE OF CALIFORNIA COUNTY OF ORANGE CAT. NO. NN00737 TO 21945 CA (1-83) (Corporation) STATE OF CALIFORNIA COUNTY OF Orc-..✓ .3 I_- On y-I I c72 $, cJl 9 $1 before me, the undersigned, a Notary Public in and for said State, ersonally appeared E7 ►-tom l t s'4 1 ev s e ) ) ss: ) Not y / ublic in for said State }ss. personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrugnt as the V�>✓ President, and " ti r*0.ra "T. "De h., personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Secretary of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. WITNESS and and official seal. Signature TICOR TITLE INSURANCE OFFICIAL SEAL MELANIE FRENCH NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY My Commission Expires Apr. 8, 1989 (This area for official notarial seal) signed, hat O its d State CONSTRUCTION LEGEND (1) TYPICAL DOWNHILL UNIT ENTRY PLAN 2, BUILDING TYPE (» TYPICAL DOWNHILL UNIT ENTRY PLAN 3, BUILDING TYPE TYPICAL DOWNHILL UNIT ENTRY PLAN 1, BUILDING TYPE TYPICAL DOWNHILL UNIT ENTRY PLAN 2, BUILDING TYPE TYPICAL DOWNHILL UNIT ENTRY PLAN 3, BUILDING TYPE TYPICAL DOWNHILL UNIT ENTRY PLAN 1 - SEE SHEET U2 TYPICAL UPHILL UNIT ENTRY, PLAN 1, BUILDING TYPE ALB - (8) TYPICAL UPHILL UNIT ENTRY, PLAN 2, BUILDING TYPE B&C - 4) TYPICAL UPHILL UNIT ENTRY, PLAN 3, BUILDING TYPE A&C - 0' DRIVEWAY, EXPOSED AGGREGATE AND STAMPED CONCRETE - SEE 1• METAL REAR YARD FENCE, 42" HT. - SEE DETAI A7 METAL SIDEYARD FENCE, 6' HT. - SEE DETAIL i,2� RETAINING WALL WITH 6' METAL FENCE - SEE DETAIL RAISED PLANTER - SEE DETAIL - r 17. TURFBLOCK - SEE DETAIL S2-1 18 FIRE ACCESS GATE - SEE DETAIL 19 SLIDING ACCESS LATE - SEE DETAIL � •d1- 20 STAMPED CONCRETE FISHSCALE PATTERN SEE DETAIL PROJECT F.D. SIGN EXISTING WALL , PEDESTRIAN GATE - SEE DETAIL 49` SHOVEL CUT TURF EDGE - SEE DETAIL OFFSTREET PARKING - SEE DETAIL -- RETAINING WALL WITH HANDRAIL - SEE DETAIL MAILBOX - SEE DETAIL 29' STREET I.D. SIGN - SEE DETAIL 7-47_17 ENTRY AND STAIRWELL - SEE DETAIL T `ri: 12. a . RAISED CURB AND PAVING - SEE DETAIL; \3/ CAR WASH WATER SOURCE,- SEE DETAIL L1 rc:� • 33 � ENTRY PAVING STAMPED BRICK ELECTRICAL/MECHANICAL GATE (X Dim t- r�:mc•�ru� . , : .ter ; ... • . 1 1 1 13 1 1 5) RETAINING WALL - SEE DETAIL E I SIDEWALK AND DRIVE APRONS - SEE GRADING PLANS F - SEE SHEET U2 D - SEE SHEET U2 D&F - SEE SHEET U2 E - SEE SHEET U2 E - SEE SHEET U2 SEE SHEET U1 SEE SHEET U1 I SEE SHEET UI DETAIL h % I 2 ti/ 28 31 0