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Home My WebLink AboutC-2368 - Encroachment Agreement (for 107 21st Place)RECORDING REQUESTED Bti .JD WHEN RECORDED RETURN T0: City Clerk41.111, >��!. City of Newport Beech P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92658-8915 NO CONSIDERATION EXEMPT RECORDING REQUEST F GOVERNMENT CODE 6103 jEXEMPT C2 88-419482 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA -3 so PM AUG 23'88 c a COUNTY RECOROES Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT THIS AGREEMENT is made and entered into this 3rd day of August , 1988, by and between Sidney L. Soffer, whose business address is 107 21st Place, Newport Beach, California, and home address is 900 Arbor Street, Costa Mesa, California, 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 Stat ��o�rnia, hereinafter referred to as "CITY"; W ITNESSET H: 5i HEREAS, OWNER has allowed to be constructed certain improv �Aqy (her-�. .cated between Newport Boulevard and Ocean Front (hereafter "Easement") er "non-standard improvements") within the 21st Place Right -of -Way adjacent to Lot 18, Block 21 of Newport tract as said lot is shown on a map filed in Book 3, Page 26 of Miscellaneous Maps, Records of Orange County, California; also know as 107 21st Place, Newport Beach, California; and WHEREAS, said improvements may interfere with CITY's ability to construct, operate, maintain, and replace CITY facilities within EASEMENT; and WHEREAS, said improvements may interfere with the general public's ability to freely use the rights -of -way for their intended use; and WHEREAS, CITY desires to condition approval of said non-standard improvements within EASEMENT; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY of OWNER to permit said non- standard improvements to remain; NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: 1 of 5 7/12/88 88-419482 1. It is mutually agreed that "non-standard improvements" shall be defined as: a. A front entry door with window for viewing pedestrians that opens 36" out onto the 21st Place Right -of -Way. b. A bench (without advertising) to be located adjacent to the front entry door. 2. OWNER shall provide and maintain a bench in the 21st Place Public Right -of -Way adjacent to the front entry door. Said bench shall be approved by the Public Works Department and shall not have advertising on it. 3. OWNER and CITY further agree as follows: a. OWNER may reconstruct, install, maintain, use, operate, repair and replace said non-standard improvements and all facilities and appurtenances necessary and incidental thereto, over CITY's facilities, all in conformance with plans and specifications to be approved by the City Building and Public Works Departments. CITY will further allow OWNER to take all reasonable measures necessary or convenient in accomplishing the aforesaid activities. Except that one or both of the non-standard improvements shall be removed from the right-of-way if any of the following occurs: 1. The City Council determines that it is in the best interests of the public to have one or both of non-standard improvements removed from the right-of-way; or 2. The building requires substantial structural alterations to the front wall; or 3. The building use changes so that the kitchen either is no longer needed in its present location or is no longer needed, the front door encroachment will be removed; or 4. The building requires reconstruction due to fire, earthquake, flood or other natural disaster or a change in use. b. 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. c. That should CITY remove or cause to be removed all non- standard lights, benches, bike racks, and planters from the 21st Place Right -of -Way, OWNER shall modify the front entry door so that it will not encroach in excess of one (1) foot into the 21st Place Right -of -Way upon 90 days written notice from the CITY. 2 of 5 88-41948Z d. That should CITY be required to enter into said EASEMENT owned by CITY to exercise its primary rights associated with said EASEMENT, including, but not limited to the maintenance, removal, repair, renewal, replace- ment 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; (iii) CITY agrees to bear the portion of the costs solely allo- cated to any removal of the non-standard improvements. (iv) OWNER agrees to pay all costs for renewal, restoration or replacement of the non-standard improvements. e. OWNER shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to the construction, use, maintenance, repair or renewal of the non-standard improvements and use of said Easement for non-standard improvements. f. OWNER shall furnish CITY with certificate of liability insurance on or before the commencement of the term of this Agreement showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with minimum coverage as shown below. Said insurance shall cover all loss, damage, liability, claims, suits, costs and expenses arising from or in any manner connected to the construction, use, maintenance, repair or renewal of the non-standard improvements, use of said Easement for non-standard improvements and all responsibilities of OWNER under this Encroachment Agreement. Such certificate, which does not limit OWNER's indemnification, shall also contain substantially the following state- ment: "Should any of the above insurance covered by this certificate be can- celled or coverage reduced before the expiration date thereof, the insurer afforded coverage shall provide fifteen (15) days' advance notice to the City of Newport Beach by certified mail, Attention: Public Works Department, Subdivision Section. 3 of 5 88--41948Z It is agreed that OWNER shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to CITY and licensed to do insurance in the State of California. Minimum Liability Insurance Coverage Comprehensive general coverage in the following minimum limits: Bodily Injury: $ 500,000 each occurrence $1,000,000 aggregate $1,000,000 aggregate Property Damage: $ 100,000 each occurrence $ 250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits shown above. OWNER agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general liability insurance, that OWNER shall look solely to its insurance for recovery. OWNER hereby grants CITY, on behalf of any insurer providing comprehensive general liability insurance to either OWNER or CITY with respect to the services of OWNER herein, a Waiver of any right of subrogation which any such insurer of said OWNER may acquire against CITY by virtue of the payment of any loss under such insurance. OWNER shall name City, its City Council, boards and com- missions, officers, and employees as an additional insured under all insurance coverages required by this Subsection (f). The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible por- tion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. In the event of cancellation of insurance, at least 30 days prior written notice shall be given to the CITY. 5. 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. 4 of 5 88-419482 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: City Attorney STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) CITY OF EWP RT BEACH, a M icip poras idney L. Soffer On August 3, , 1988, before me, the undersigned, a Notary Public in and for the Stat6,`personally appeared JOHN C. COX, JR. known to me to be the Mayor of the City of Newpdrt Beach WXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXOXcXMXX1X9( XtuXI( M(XCX)C ➢(XCX3(WX4Xft oftwoommomamax, known to me to be the person( whose name%Xiie subscribed to the within instrument, and acknowledged to me that Nie)( executed the same. WITNESS my hand and official seal. OFFICIAL SEAL DOROTHY L. PALES NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp. Apr. 5, 1989 STATE OF CALIFORNIA) COUNTY OF ORNAGE ) Notary Public and for said State , 1988, before me, the undersigned, a Notary Public in and for said Stath, personally appeared/5I0,-N� � (L_. and , known tome (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is (are) subscribed to the within instrument and acknowledged that he/she executed the same. OFFICIAL SEAL SUSANNE SARTLETT NOTARY PUBLIC - CALIFORNIA ORANGE COMM My COMM. expires MAR 3, 1992 WITNESS my hand and official seal. Not ary Public in and for said State 5 of 5 • •.� • • • • • ••• • . • • ••• ••o. • • •.• • ea • 88-4F3482 wtX O W 0 OS O W 6 W DESCRIPTION m W 0