HomeMy WebLinkAboutC-2324 - Agreement for Non-Standard Improvements (for 808 South Bayfront)RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658-8915
EXEMPT RECORDING REQUEST PL
GOVERNMENT CODE 6103
EXEMPT
C10
88- 18T99 I
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
-1 is PM APR 2 5 '88
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NO CONSIDERATION
Space above this line for Recorder's use only.
AGREEMENT FOR NON-STANDARD IMPROVEMENTS
THIS AGREEMENT, made and entered into this-_ day of
1988, by and between JANET CURCI WALSH, hereinafter referred to as
whose address is 808 South Bayfront, Balboa Island, Newport Beach,
and the CITY OF NEWPORT BEACH, a municipal
under and by virtue of its Charter and the
corporation, organize
Constitution and t e` laws of the
California,
State of California, hereinafter referred to as "CITY";
WITNESSETH
MAC
WHEREAS, OWNER desires to construct certain improvements (:hereafter
"non-standard improvement") in the public street right-of-way (hereafter
"EASEMENT") adjacent to Lot 5, Block 3, Section II, Balboa Island, as said lot
is shown on a map recorded in Book 6, Page 31 of Miscellaneous Maps, Records
Orange County, California; also known as 808 South Bayfront, Balboa Island,
Newport Beach, California; hereafter referred to as "RESIDENCE"; and
WHEREAS, said improvements may interfere with CITY's ability to
of
construct, operate, maintain, and replace CITY facilities within EASEMENT; and
WHEREAS, CITY desires to condition approval of construction 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 to permit OWNER to
said non-standard improvements;
construct
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 22 inch high raised patio encroaching no more than five (5) feet into
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88-197991
South Bayfront, with 18 inch high railing on top of raised patio, as shown on
Exhibit "A" and any additional landscaping or improvements other than ground
cover, standard concrete patio or walk flatwork.
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 therefor on file in the CITY's Public
Works Department and as shown on Exhibit "A" hereto attached. 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 may construct and install non-standard improvements and
all facilities and appurtenances necessary and incidental thereto, in substan-
tial conformance with Exhibit "A" hereto attached.
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. However, nothing herein
shall be construced to require OWNER to maintain, replace or repair any
CITY -owned pipeline, conduit or cable located in or under said non-standard
improvements.
c. That should CITY be required to 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, replace-
ment or enlargement of the existing or future facilities, CITY may remove por-
tions 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 bear the portion of the cost of any removal
of the non-standard improvements.
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88-187991
4. OWNER agrees to pay all costs for renewal or restoration of
the non-standard improvements.
d. 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 attorney's 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 or renewal of the non-standard improvements.
4. 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.
APPROVED AS TO FORM:
ATTEST:
/477
City Clerk
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
On a , 1988, before me, the und-11si,ned, a Notary
Public in and f r said State, personally appeared
nown to me to by the M.' or of the City oiV Newport
Beach and (,{]an,CQ,tx„ e ;•• . , known to me to be the City Clerk of the
City of Newport Beach, known o m:4eo be the persons whose names are subscribed
to the within instrument, and acknowledged to me that they executed the same.
omWKRE,SS my
DOROTHY L. PALEN
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Exp. Apr. 5, 1989
STATE OF CALIFOR
COUNTY OF ORANGE
and and official seal.
) ss.
Notary Public
On /9`/°LiL, /( , 1988, before me, the undersigned, a Notary Public in
and for said State, personally appeared l ^/T- (' v,qe) kJ, - S/-- ,
known to me (or proved to me on the basis of satisfactory evidence) to be the
person(9 whose name(s4 is (a e-) subscribed to the within instrument and
acknowledged that he/she executed the same.
OFFrcIAL $EAl
ELEANOR J. GUY
NOTARY PUEJC CAUFORNIA
PRINCIPAL OFF;CL IN
ORANGE'uOUNTY
My +ornmissi5n Exp. riot. 8. 1989
N ary Public in or said ate
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