HomeMy WebLinkAboutC-3749 - Agreement for Non-Standard Improvements (400 Santa Ana Avenue)RECORDING REQUESTED BY HND
WHEN RECORDED RETURN TO:
City Clerk/VP1
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport -Beach, Ca 92658-8915
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EXEMPT RECORDING REQUEST PL._
GOVERNMENT CODE 6103
IEXEMPT
RECORDED IN OFFICIAL' RECORDS
OF ORANGE COUNTY, CALIFORNIA
-31s PM NOV 16 '87
`OUPlT;
Q RECCORDER
Space above this line for Recorder's use only.
AGREEMENT
FOR NON-STANDARD IMPROVEMENTS
AGREEMENT is made and entered into this % D-day of
1987, by and between Brion S. Jeannette, whose address is
401 Santa Ana Avenue, Newport Beach, California, hereinafter referred to as
"OWNER," and the CITY OF NEWPORT BEACH, a municipal
existing under and by virtue of its Charter and the
the State of California, hereinafter referred to as
W ITNESSET H:
corporation, organized and
Constitution and the laws of
"CITY";
WHEREAS, OWNER desires to construct certain improvements (hereafter
"non-standard improvements") in the public street right-of-way (hereafter
"EASEMENT") adjacent to Lot 1, Block 13, First Addition to Newport Heights Tract
as said lot is shown on a map recorded in Book 4, Page 94 of Miscellaneous Maps,
Records of Orange County, California; also known as 400 Santa Ana Avenue,
Newport Beach, California; hereafter referred to as "RESIDENCE"; and
WHEREAS, said improvements may interfere with CITY's ability to
construct, operate, maintain, and replace CITY facilities within EASEMENT; and
WHEREAS, CITY desires to condition approval of construction of said
non-standard improvements within EASEMENT; 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 the mutual promises, the par-
ties hereto agree as follows:
1. It is mutually agreed that "non-standard improvements" shall be
defined as masonry walls not exceeding three (3) feet -in -height and walkways
with tile finish within the EASEMENT as shown on Exhibit "A" and any additional
landscaping or improvements other than ground cover or standard concrete patio
or walk flatwork.
2. CITY will allow OWNER to construct, reconstruct, install,
maintain, use, operate, repair and replace said non-standard improvements and
all facilities and appurtenances necessary and incidental thereto, over CITY's
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facilities, all in substantial conformance with plans therefor on file in the
CITY'S Public Works Department and as shown on Exhibit "A" hereto attached.
CITY will further allow OWNER to take all reasonable measures necessary or
convenient in acomplishing the aforesaid activities.
3. OWNER and CITY further agree as follows:
a. OWNER may construct and install non-standard improvements
and all facilities and appurtenances necessary and incidental thereto, in
substantial conformance with plans therefor on file in the CITY's Public Works
Department, and as shown on Exhibit "A" hereto attached.
b. OWNER shall maintain the aforesaid non-standard improvements
and facilities in accordance with general prevailing standards of maintenance,
and 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 located in or under said non-standard
improvements.
c. That should CITY be required to enter onto said EASEMENT owned
by CITY 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 facilities, CITY may remove portions of
the non-standard improvements, as required, 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 removal
of the non-standard improvements.
(iv) OWNER agrees to pay all costs for renewal or restoration of
the non-standard improvements.
d. OWNER agrees to indemnify and hold harmless, its officers,
agents and employees, from any and 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. OWNER agrees that this Agreement shall remain in full force and
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effect from execution thereof; shall run with the land; shall be binding upon
the heirs, successors, and assigns of OWNER's interest in the land whether fee
or otherwise, 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.
APPROVED AS TO FORM:
City Attorney
ATTEST:
/4/A4,?4,;_,
City Clerk
CITY OF NEWPORT BEACH,
a Municipal Corpo ation
""IAR4
By
May
r
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
r�
On f,,+-g.y � 4 / , 1987, before me, the undprsi geed, a ` otary
Public in and for the State, personally appeared c'-,, L U��.
, knowp to me to be the Mayor of the City of ewport Beach
and (c,t- /Lct , known to me to be the City Clerk of
the City of Newport Beach, kin 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.
OFfIciALSEAL
DOROTHY L. PALEN
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Exp. Apr. 5, 1989
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
and for said State
On 66. 1 /3, 1981, before me, the undersigned, a Notary
Public in and for said State, personally appeared 8, ''j,y ,74--,4-,/, /e
, known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is (are) subscribed to
the within instrument and acknowledged that he/she executed the same.
,,.Notary Publ i cull-- and for said State
3 of 3
OFFICIAL SEAL
JUNF_t,)OHNSON
NOTARY FUGLIC • CALIFORNIA
)ORANGE COUNTY
My Comm. Expires Feb. 4, 1988
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FRONT YARD
LANDSCAPE PLAN
BRIM JEAMIETTE & AllOCIRTE/ Inc
ARCHITECT! " PLAAAER/
' ""-°""X'"=11-•
JEANNETTE RESIDENCE
400 SANTA ANA AVE.
INEIIVA:;..LRT BEACH. CA
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