HomeMy WebLinkAboutC-3082(C) - Agreement for Non-Standard Street Improvements Tract No. 11785Er. r.'' rs+rx.,C' +,I ritcems' t'f
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F,XRECORDING-REQUESTED BY AND
o
EWHEN RECORDED RETURN TO:
City C1 erk�t,0
I City of Newport Beach
J P.O. Box 1768
3300 Newport Boulevard
Newport Beach, California 92663
Copy to: J.M. Peters Company, Inc.
1601 Dove Street Suite 190
Newport Beach, CA 92660 Attn:
EXEMPT
C11
Nancy Sparks
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
-4 no PM FEB 19'85
Space above this line for Recorder's use only
AGREEMENT FOR NON STANDARD IMPROVEMENTS
THIS AGREEMENT is made and entered into this 14th
February
COONTY
day of
, 1985, by and between the CITY OF NEWPORT BEACH, a munic-
ipal corporation, hereinafter referred to as "CITY" and the J. M. PETERS COMPANY,
INC., a California Corporation, hereinafter referred to as "COMPANY."
W I T N E S S E T H:
WHEREAS, COMPANY desires to construct non-standard street improvements
within a twelve -foot sewer easement located across Lot 1 of Tract 11785 as
shown on a map filed in Book 503, Page 30 of Miscellaneous Maps, records of
Orange County, California; and
WHEREAS, CITY has sewer facilities located within said sewer easement;
and
WHEREAS, CITY desires to condition approval of construction of said
non-standard improvements over said sewer facilities; and
WHEREAS, the parties hereto desire to execute an
agreement providing
for fulfillment of the conditions required by CITY to permit COMPANY to con-
struct 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 any garden walls, sidewalks, irrigation systems or landscape plant-
ings within the sewer easement. No deep -root growths or trees shall be planted
or maintained over said easement.
2. CITY will allow COMPANY to construct, reconstruct, install, main-
tain, use, operate, repair and replace non-standard improvements and all facili-
ties and appurtenances necessary and incidental thereto, over CITY's sewer
facilities, all in substantial conformance with plans and specifications there-
for on file in the CITY's Public Works Department. CITY will further allow
COPA:Y to take all reasonable measures necessary or convenient in accomplish-
ing the aforesaid activities.
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3. COMPANY and CITY further agree as follows:
(a) COMPANY shall construct and install non-standard improve-
ments 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) COMPANY shall maintain the aforesaid non-standard improve-
ments and facilities in accordance with general prevailing standards of main-
tenance, and to pay all costs and expenses incurred in doing so. However,
nothing herein shall be construed to require COMPANY 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 any easements
owned by CITY to exercise its primary rights associated with said easements,
including, but not limited to, the maintenance, removal, repair, renewal, re-
placement or enlargement of the sewer facilities, CITY may remove portions of
the non-standard improvements, and in such event:
(i) CITY shall notify COMPANY of its intention to accomplish
such work, if an emergency situation does not exist.
(ii) COMPANY shall be responsible for arranging for any re-
newal or restoration of the non-standard improvements affected by such work by
CITY:
(iii) COMPANY agrees to pay costs of renewal or restoration of
the non-standard improvements.
(d) COMPANY 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 COMPANY, and shall be recorded in the of-
fice of the County Recorder of Orange County, California; provided, however,
that COMPANY may, without CITY's consent, assign its rights and obligations
under this Agreement to a community association responsible for the maintenance
of said grounds and upon such assignment, COMPANY shall be relieved of any
obligations to CITY hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed on the day and year first above written.
APPIXOVED AS TO FORM:
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
ss.
CITY OF NEWPORT BEACH,
a Mu pal Corporation
By
Mayor
J. M. PETERS COMPANY, INC.,
a California Corporation
By
By
On , 1984, before me, the undersigned, a Notary
Public in and for said State, personally 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 instru-
ment, and acknowledged to me that they executed the same.
WITNESS my hand and official seal.
Notary Public
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
On November 21 , 1984, before me, the undersigned, a Notary
Public in and for said State, personally appeared Robert J. Trapp
known to me to be the Vice President and Robert C. Liewer
, known to me to be the Vice President
of the
corporation that executed the within Instrument, known to me to be the persons
who executed the within Instrument on behalf 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.
WITNESS my hand and official seal.
OFFICIAL SEAL
CHRISTINA E. LIEBL
NOTARY PUBLIC CAUFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Exp. Nov. 4, 1988
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