HomeMy WebLinkAboutC-2158 - License Agreement (for Non-Standard Street Improvements for 1543 Serenade Terrace)eo
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LICENSE AGREEMENT
THIS AGREEMENT, made and entered into this 714, day of
1985, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter
referred to as "CITY," and DAVID W. CONOVER and CAROL CONOVER, hereinafter referred
to as "OWNER," is made with reference to the following facts:
A. CITY controls a certain public street right-of-way (hereinafter "EASE-
MENT") located in the City of Newport Beach, County of Orange, State of California,
which EASEMENT is known as Ramona Terrace.
B. OWNER owns certain real property located at 1543 Serenade Terrace in
the City of Newport Beach, County of Orange, State of California, which real property
is more particularly described as Lot 46 , Tract 1701,, as shown on a map filed in
Book 52, Page 10, of Miscellaneous Maps, Records of Orange County, California; and
said real property owned by OWNER is contiguous to EASEMENT;
C. OWNER is desirous of constructing certain non-standard street improve-
ments and structural encroachments, hereinafter "IMPROVEMENTS," which IMPROVEMENTS
are defined for the purpose of this Agreement to consist of a retaining wall forty
feet in length and varying in height from zero to a maximum height of 2.5 feet
(measured from the top of the existing sidewalk) and which encroaches 2.5 feet into
EASEMENT. IMPROVEMENTS are described on the site plan and drawing which is identi-
fied as Exhibit "A" and which is attached to this Agreement and incorporated herein
by reference.
D. CITY desires to condition its approval of the construction of IMPROVE-
MENTS as set forth in Exhibit "A" and the parties agree that an Agreement providing
for the fulfillment of these conditions, imposed by CITY on OWNER, is appropriate to
guarantee performance as follows:
NOW, THEREFORE, in consideration of the mutual promises, the parties hereto
agree as follows:
1. RIGHTS OF OWNER
CITY hereby grants to OWNER the right to construct, reconstruct, install,
maintain, use, operate, repair and replace the IMPROVEMENTS, all in substantial con-
formance with said Exhibit "A," in, over and across EASEMENT.
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Space Above This Line For Recorder's Use Only
LICENSE AGREEMENT
THIS AGREEMENT, made and entered into this % day of
1985, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter
referred to as "CITY," and DAVID W. CONOVER and CAROL CONOVER, hereinafter referred
to as "OWNER," is made with reference to the following facts:
A. CITY controls a certain public street right-of-way (hereinafter "EASE-
MENT") located in the City of Newport Beach, County of Orange, State of California,
which EASEMENT is known as Ramona Terrace.
B. OWNER owns certain real property located at 1543 Serenade Terrace in
the City of Newport Beach, County of Orange, State of California, which real property
is more particularly described as Lot 46 , Tract 1701, as shown on a map filed in
Book 52, Page 10, of Miscellaneous Maps, Records of Orange County, California; and
said real property owned by OWNER is contiguous to EASEMENT;
C. OWNER is desirous of constructing certain non-standard street improve-
ments and structural encroachments, hereinafter "IMPROVEMENTS," which IMPROVEMENTS
are defined for the purpose of this Agreement to consist of a retaining wall forty
feet in length and varying in height from zero to a maximum height of 2.5 feet
(measured from thetop of the existing sidewalk) and which encroaches 2.5 feet into
EASEMENT. IMPROVEMENTS are described on the site plan and drawing which is identi-
fied as Exhibit "A" and which is attached to this Agreement and incorporated herein
by reference.
D. CITY desires to condition its approval of the construction of IMPROVE-
MENTS as set forth in Exhibit "A" and the parties agree that an Agreement providing
for the fulfillment of these conditions, imposed by CITY on OWNER, is appropriate to
guarantee performance as follows:
NOW, THEREFORE, in consideration of the mutual promises, the parties hereto
agree as follows:
1. RIGHTS OF OWNER
CITY hereby grants to OWNER the right to construct, reconstruct, install,
maintain, use, operate, repair and replace the IMPROVEMENTS, all in substantial con-
formance with said Exhibit "A," in, over and across EASEMENT.
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2. OWNER'S DUTIES
OWNER shall properly and regularly maintain IMPROVEMENTS and shall
timely pay all costs and expenses incurred during said maintenance. In the
event that OWNER fails to properly and/or regularly maintain IMPROVEMENTS, and,
in addition to the other rights and remedies that CITY may have pursuant to this
Agreement or pursuant to the laws of the State of California, CITY may, at its
option, remove IMPROVEMENTS or assume the maintenance of IMPROVEMENTS, and
OWNER agrees to pay all costs incurred by CITY in removing or maintaining said
IMPROVEMENTS, should CITY assume its right to do so, pursuant to this paragraph.
3. TERM OF THE AGREEMENT
Rights granted under this Agreement shall terminate twenty (20)
years from the date of this Agreement unless earlier terminated as provided herein.
In the event that CITY desires to use EASEMENT for street or public purposes, CITY
may terminate this Agreement by giving sixty (60) days' notice of its intention to so
do, specifying in said notice the date of termination. CITY shall incur no liability
whatsoever in the event of any early termination of this Agreement and the consequent
removal of IMPROVEMENTS by the CITY.
4. REPAIRS
CITY has the right to make such repairs to IMPROVEMENTS as it deems
necessary for the protection of the general public, health, safety and welfare.
Ancillary to the right to make such repairs, OWNER hereby grants to CITY the right
of entry onto the property of OWNER as is necessary for CITY to make repairs as
provided herein, or to remove IMPROVEMENTS in the event of an early termination of
this Agreement, because of the need of the CITY to use said EASEMENT for street
or public purposes.
5. INDEMNIFICATION
OWNER agrees to indemnify and defend CITY and its officers and
employees, against and hold CITY, its officers and employees harmless from, any
and all demands, claims, losses or liability that arises out of or is in any way
related to, the construction, use, maintenance or repair of said IMPROVEMENTS.
6. BREACH
In the event either party breaches any material provision of this
Agreement, the other party, at its option, may, in addition to other legal remedies
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available to it, terminate this Agreement, and, in the event the breaching party
is OWNER, CITY may enter upon the EASEMENT and remove all or part of IMPROVE-
MENTS installed by OWNER pursuant to this Agreement. Termination because of breach
shall be upon a minimum of ten (10) days' Notice, with the Notice specifying the
date of termination.
7. SEVERABILITY
The provisions of this Agreement are independent and severable and
the invalidity or partial invalidity or unenforceability of any one provision or
portion thereof shall not affect the validity or enforceability of any other pro-
vision hereof.
8. RECORDATION
Each of the parties hereto specifically consents to the recordation
of this Agreement in the Office of the County Recorder in and for the County of
Orange, State of California, and all the covenants, restrictions and changes here-
under and all their benefits and burdens shall run with the land, pursuant to
Section 1468 of the Civil Code of the State of California.
9. ASSIGNMENT
The terms and conditions of this Agreement shall be binding upon the
successors and assigns of OWNER and shall also be binding upon owners who take
title to the property by reason of foreclosure, trustee's sale or otherwise.
10. NOTICE
When notice is to be given pursuant to this Agreement, it shall be
addressed as follows:
CITY
City of Newport Beach
Office of the City Attorney
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92658-8915
OWNER
David W. Conover
1543 Serenade Terrace
Corona del Mar, CA 92625
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Notice shall be deemed given as of the date of mailing and notice shall
be addressed as above and mailed first class, postage prepaid thereon.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed on the day and year first above written
ATTEST:
City Clerk
APPROVED AS TO FORM:
1fttorney
STATE OF CALIFORNIA )
)ss
COUNTY OF ORANGE )
CITY OF NEWPORT BEACH,
a Muni-e-i-•.1 Corporation
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By
Carol Conover
On if-/7"_ , before me, the undersigned, a Notary Public
in and for said State, personally appeared ZWW,,Z& 44%•-e%,",,e)f/2 2:
and G'•.a/4 e.. , known to me to be the persons whose names are sub-
scribed to the within instrument and acknowledged to me that they executed the same.
WITNESS my hand and official seal.
OFFICIAL S
JAMES FRANCIS EGNER
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My Comm. Expires Aug. 19, 1986
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SKETCH FOR ENCROACHMENT PERMIT No.EP ,f 4q7a
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Applicant`s Signature
Please make a sketch of your immediate vicinity showing all dimensions and
location of trees, light standards, fire hydrants, parking meters or other
obstructions existing on parkway, which might concern this application.
Work shall be done according to city specifications and is subject to city
inspection.
Sketch to be drawn in uuplicate.
Ex R t5ir "A"