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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 a y'�J c , c/ co,, r; cr 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 1 of 3 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. 2 of 3 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 3 of 3 ;C4CJG./4-11 c' S/D VAL, 88-18l91 h 0 m z S*00T 14 BAYFRoNTI A RA5Lic wAY C , (!// trt O 9 .00 m a 0 80.oa' ALLY 6 co