HomeMy WebLinkAboutC-2089 - Agreement for non-Standard Improvements (for 10 Hillsborough)RICORDIING REQUESTED BY AND
ALDIJIE.CORDED RETURN TO
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City Clerk / ';� / /
City of Newport Beach
3300 Newport Boulevard
P. 0. Box 1768
L3 Newport Beach, CA 92658-8915
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RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
-2 io PM JUL 12'85
Space above this line for Recorder's use onl
AGREEMENT FOR NON-STANDARD IMPROVEMENTS
THIS AGREEMENT, made and entered into this
is
I;--,
1,
c-!: -, 4d ay of
, 1985, by and between MIKE GALARDO , whose address
#10 HILLSBOROUGH
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";
WITNESSETH
WHEREAS, OWNER desires to construct non-standard parkway improvements
along the Hillsborough frontage, a private street and public utility easement,
recorded as Document Number 84-21208 in Official Records, Records of Orange
County, California; also known as #10 Hillsborough, Newport Beach, California,
hereafter referred to as "RESIDENCE";
WHEREAS, CITY has water, sewer, storm drain and street light 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 concrete decorator planters, entry stairs and appurtenances within the
EASEMENT as shown on Exhibit "A".
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO
City Clerk
. City of Newport Beach
3300 Newport Boulevard
P. 0. Box 1768
Newport Beach, CA 92658-8915
Space above this line for Recorder's use only.
AGREEMENT FOR NON-STANDARD IMPROVEMENTS
THIS AGREEMENT, made and entered into this c 7L day of
, 1985, by and between MIKE GALARDO , whose address
is
#10 HILLSBOROUGH
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";
WITNESSETH
WHEREAS, OWNER desires to construct non-standard parkway improvements
along the Hillsborough frontage, a private street and public utility easement,
recorded as Document Number 84-21208 in Official Records, Records of Orange
County, California; also known as #10 Hillsborough, Newport Beach, California,
hereafter referred to as "RESIDENCE";
WHEREAS, CITY has water, sewer, storfi drain and street light 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 concrete decorator planters, entry stairs and appurtenances within the
EASEMENT as shown on Exhibit "A".
1 of 4
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.
3. OWNER and CITY further agree as follows:
(a) OWNER shall construct and install non-standard improvements and
all facilitis and appurtenance necessary and incidental thereto, in substantial
conformance with plans and specifications therefor on file in the CITY's
Works Department and as described in Exhibit "A" hereto attached.
other deep root growths are specifically excluded from the definition of
Public
Trees or
per-
manent improvements above and shall not be planted in or on the EASEMENT under
any circumstances whatsoever.
(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 i
ncurred 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 requiredto 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.
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(iv) OWNER agrees to pay any costs of renewal or restoration of
the non-standard improvements.
(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. OWNER agrees that this agreement shall remain in full force and
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.
ATTEST:
e%4eA4
City Clerk
APPRO)hED AS TO FORM:
ity Attorney
11.
CITY OF NEWPORT BEACH,
a Municipal Corporation
Mayo
OWNER
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STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
On , 1985, before me, the undersigned, a Notary
Public in a 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 instrument, and
acknowledged to me that they executed the same.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
On , 1985, before me, the undersigned, a Notary
Public in a for said S ate, personally appeared &X,,,,/ ��,��C6 ,
C' ae / lT 474/4 ,.46 , known to me (or prove to me on -t-he basis of
satisfactory evidence) to be the person(s) described in, and whose name(s) is
(are) subscribed to the within instrument and acknowledged that he/she executed
the same.
NSF-ICfAL. SEAL
NARY E. BUTTS
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Exp. June 23, 1986
Notlic in and for said State
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