HomeMy WebLinkAboutC-2061 - Agreement for Non-Standard Improvements (for 531 Santa Ana Avenue)AGREEMENT FOR NON-STANDARD IMPROVEMENTS
THIS AGREEMENT, made and entered into this to day of
1987, by and between RANDALL AND LYNDA STABLER, 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 improvements in the
public right-of-way adjacent to Lot 17, Block 31, First addition to Newport
Heights, as per map recorded in Book 4, Page 94 of Miscellaneous Maps, Records
of Orange County California; the common street address of said Lot 17 is 531
Santa Ana Avenue in said City; and
WHEREAS, CITY desires to condition approval of construction of said
non-standard improvements in said public street; 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:
I. It is mutually agreed that "non-standard improvements" shall be
defined as a wooden fence, not exceeding three (3) feet in height, along the
northerly and southerly side property lines, and parallel to the center line of
said Santa Ana Avenue but encroaching no closer than 8.0 feet from the face of
the curb in the public right-of-way adjacent to 531 Santa Ana Avenue, as shown
on said Exhibit "A" attached hereto.
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II. 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.
CITY will further allow OWNER to take all reasonable measures necessary or
convenient in accomplishing the aforesaid activities.
III. OWNER and CITY further agree as follows:
A. 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.
B. Should CITY be required to enter onto said public right-of-way
to exercise its rights, including, but not limited to, the maintenance, removal,
repair, renewal, replacement or enlargement of the existing or future facili-
ties, CITY may remove portions of the non-standard improvements, as required,
and in such event:
1. CITY shall notify OWNER of its intention to accomplish such
work, if an emergency situation does not exist.
2. OWNER shall be responsible for arranging for any renewal or
restoration of the non-standard improvements affected by such work by CITY;
3. OWNER agrees to pay all costs for renewal or restoration of
the non-standard improvements.
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C. 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.
IV. OWNER agrees that this Agreement shall remain in full force
and effect from execution thereof; shall be binding upon the heirs, successors,
and assigns of OWNER's interest in the land whether fee or otherwise.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed on the day and year first above written.
PROVED AS TO FORM:
lIC)1‘‘
City Attorney
CITY OF NEWPORT BEACH,
a Municipal Corporation
By � tdu'
71
City Manager
Li/
RANDALL AND LYNDA STABLER
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