HomeMy WebLinkAboutC-2688 - Encroachment Agreement (for 2711 Ocean BoulevardRECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
biC # 95 0242875
08--JU —1995 1O 29 AM
Recorded in Official Records
of Orange County, California to��
Gary L. Granville, Clerk -Recorder
Pa?e 1 of 6 Fees: $ 22.00
Tax: $ 0.00
Space above this line for Recorder's use only.
THIS AGREEMENT
J
"OWNER"
ENCROACHMENT AGREEMENT
is made and entered
into this 29---9 day of
, 1995, by and between Jack Caldwell (hereinafter
, and the City of Newport Beach, California, a munici
corporAtion organized and existing under and by virtue of.;
Charter and the Constitution and the laws of the State of/
1�.
California, (hereinafter "CITY");
WI T N E S S E T H:
WHEREAS, OWNER desires to construct certain non-standard —
improvements (hereinafter "PERMITTED IMPROVEMENTS") within the
Ocean Boulevard right-of-way (hereinafter "RIGHT-OF-WAY") that is
located adjacent to a portion of Block 033, Map
Mar, as shown on a map recorded in Book 3, Page
inclusively of Miscellaneous Maps in the office
of Corona del
41 & 42
of the County
Recorder of Orange County, California; also known as 2711 Ocean
Boulevard, (Parcel"B", Resub 79) Newport Beach, California; and
WHEREAS, said PERMITTED IMPROVEMENTS may interfere in the
future with CITY'S ability to construct, operate, maintain, and
replace CITY and other public facilities and improvements within
RIGHT-OF-WAY; and
WHEREAS; the parties hereto desire to execute an agreement
providing for fulfillment of the conditions required by CITY to
permit OWNER to reconstruct and maintain said PERMITTED
IMPROVEMENTS;
1
NOW, THEREFORE, in consideration of the m1_aal promises, the
parties hereto agree as follows:
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall
be defined as 4' high by 11' wide wooden access bridge with
plaster finish, grouted slate pavers, and low voltage lighting
(of which joins at existing stairway/walkway to Ocean Boulevard);
8'-2" high copper awning, concrete stairway; 4'-8" high
reinforced concrete block retaining wall with stucco finish; 4'-
wide concrete walkway; and appurtenances in the Ocean Boulevard
right -of -away as shown on EXHIBIT "A" attached hereto and as
approved by the City Engineer.
2. CITY will permit OWNER to construct, reconstruct,
install, maintain, use, operate, repair and replace said
PERMITTED IMPROVEMENTS and appurtenances incidental thereto,
within a portion of RIGHT-OF-WAY, all in substantial conformance
with plans and specifications on file in the CITY. CITY will
further allow OWNER to take all reasonable measures necessary or
convenient in accomplishing the aforesaid activities.
3. Rights granted under this Agreement may be terminated by
CITY at any time by giving 60 days' notice,
notice the date of termination.
whatsoever
subsequent
CITY shall
specifying in said
incur no liability
in the event of the termination of this Agreement,
removal of improvements by CITY.
4. OWNER and CITY further agree as follows:
or
a. OWNER may construct and install PERMITTED
IMPROVEMENTS and appurtenances incidental thereto, in substantial
conformance with plans and specifications therefor on file in the
CITY's Public Works Department, and as described on Exhibit "A"
hereto attached.
b. OWNER shall maintain the PERMITTED IMPROVEMENTS in
accordance with general prevailing standards of maintenance, and
2
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 PERMITTED IMPROVEMENTS, except as
otherwise provided herein.
c. If City or other public facilities or improvements
are damaged by the installation or presence of PERMITTED
IMPROVEMENTS, OWNER shall be responsible for the cost of repairs.
d. That should CITY be required to enter onto said
RIGHT-OF-WAY to exercise its primary rights associated with said
RIGHT-OF-WAY, including but not limited to, the maintenance,
removal, repair, renewal, replacement or enlargement of existing
or future public facilities or improvements, CITY may remove
portions of the PERMITTED 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 PERMITTED IMPROVEMENTS
affected by such work by CITY;
(iii) CITY agrees to bear only the cost of any
removal of the PERMITTED IMPROVEMENTS affected by such work by
CITY;
(iv) OWNER agrees to pay all costs for renewal
or restoration of the PERMITTED IMPROVEMENTS.
5. In the event either party breaches any material
provision of this Agreement, the other party at its option may,
in addition to the other legal remedies available to it,
terminate this Agreement, and, in the event the breaching party
is OWNER, CITY may enter upon the RIGHT-OF-WAY and remove all or
3
part of the improvements installed by OWNER. ,Termination because
of breach shall be upon a minimum of ten (10) days' notice, with
the notice specifying the date of termination. In the event of
litigation commenced with respect to any term of condition of
this Agreement, the prevailing party shall be entitled to
reasonable attorneys fees and costs incurred.
6. OWNER shall indemnify and hold harmless CITY, its City
Council, boards and commissions, officers and employees from and
against any and all loss, damage, liability, claims, suits, costs
and expenses whatsoever, including reasonable attorneys' fees
(when outside attorneys are so utilized), regardless of the merit
or outcome of any such claim or suit arising from or in any
manner connected with the design, construction, maintenance, or
continued existence of the PERMITTED IMPROVEMENTS.
7. OWNER agree 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
OWNERS' 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:
By:
City Attori7ley
ATTEST:
CITY OF NEWPORT BEACH,
a Municipal corporation
By:
OWNER:
Mayor
Jack Caldwell
STATE OF CALIFORNIA
ss :
COUNTY OF ORANGE
On - r S 995 before me,
personally appeared - ,�C C, cue;J ,te .6(
personally known to me (ay proved to me —on— -he--b-a a sf-aetory
evidooee) to be the person(s) whose name(s) is/a e subscribed to the
within instrument andacknowledgedto me that he/cic��iay has executed
the same in his/h TLe-ir authorized capacity(ies), and that by
his/h the4r signature(s) on the instrument the person(s) or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in a4 r said State
B.GOOFREY
NOTARY PUBLIC - CAUFORNIA
COMMISSION 11017979
ORANGE COUNTY
My Comm. Exp. Feb. 13.1998
(This area for official notarial seal)
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE
�/%
On 622' -� , 19.9 ,,- before me;f� ` /7(l%7C� C�,(�//l
personally appeared <, ' /7 " /I(-'/ , t ' . ,
personally known to me (or proved tb me on -.the basis of satisf4Ctory
evidence) to be the person whose name(s)-i are%subscribed to the
within instrument and acknowledged to me that h ,LsheOhey'has executed
the same in -his/her/heir- authorized capacit (s)-, ar'rd " that by
his/herl/their/signature((s)"on the instrument eh -person s) or the
entity Upon behalf of which the persons).acted, execut a the
instrument.
WITNESS my hand and official seal.
/ % / /
Notary Public in and'for said State
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