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Home My WebLink AboutC-2323 - Agreement for Non-Standard Improvements (for Backflow Fence at Intersection of Edgewater Avenu and Island Avenue)88-192826 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 EIEMPT RECORDR4 REQUEST PI GOVERNMENT CODE 6103 EXEMPT 1 G10 RECORDED IN OrF;CIAL R <.,OrADS� OF ORANGE COUNTY CALIFORNIA. 1 4 S PM APR 2.7 '88 U GOUT TV NO CONSIDERATION Space above this line for Recorder's use only. AGREEMENT FOR NON-STANDARD IMPROVEMENTS THIS AGREEMENT, made and entered into this / ,L day of 1988, by and between BAY ISLAND CLUB, INC., hereinafter referred to as "CLUB", and the CITY OF NEWPORT BEACH, a municipal corporation, organize"d -a�nd existing under and by virtue of its Charter and the Constitution and.th&1 aws of th,e� State of California, hereinafter referred to as "CITY"; / C WITNESSETH WHEREAS, ASSOCIATION desires to construct non-stanAard improvements in Marine Avenue, a public street in said CITY, and WHEREAS, CITY desires to condition approval of construction of said non-standard improvements in said public streets; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit CLUB 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 grapestake fence, approximately four -and -one -half -feet -high around an existing backflow prevention device located in the public right-of-way at the intersection of Edgewater Avenue and Island Avenue in the City of Newport Beach, California. II. CITY will allow CLUB 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 and specifications therefore on file in the CITY's Building Department. CITY will further allow CLUB to take all reasonable measures necessary or convenient in accomplishing the aforesaid activities. 1 of 3 III. CLUB and CITY further agree as follows: 88-192826 A. CLUB shall maintain the aforesaid non-standard improvements and all 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 required CLUB to maintain, replace or repair any CITY -owned pipeline, conduit or cable located in or under said non-standard improvements. B. That should CITY be required to enter onto said public street to exercise its primary rights associated with public streets, including, but not limited to, the maintenance, removal, repair, renewal, replacement or enlargement of the existing or future facilities, CITY may remove portions of the non-standard improvements, as required, and in such event: 1. CITY shall notify CLUB of its intention to accomplish such work, if an emergency situation does exist. 2. CLUB shall be responsible for arranging for any renewal or restoration of the non-standard improvements affected by such work by CITY; 3. CLUB agrees to pay all costs for renewal or restoration of the non-standard improvements. C. CLUB 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. CLUB agrees that this Agreement shall remain in full force and effect from execution thereof; shall be binding upon the successors and assigns of CLUB and shall be recorded in the Office of the County Recorder of Orange County, California. 2 of 3 88-192826 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH, APPROVED AS TO FORM: a Municipal Corporation City Attorney ATTESTED,: City Clerk STATE OF CALIFORNIA) COUNTY OF ORANGE ) By ` `f,C(. , Cit By Man. OTC :Y IS ND CLUB, INCORPORATED By Title On February 5, , 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared sally W. F1PfichPr ** and * * * * * * * * * * * * , known to me (or proved to me on the basis of satisfactory evidence) to be the personal whose name(s) is Om) subscribed to the within instrument and acknowledged that he/she executed the same. T{,Iit.r^'� OFFnc4AL SEAL ANNE WARD Notary Public -California ORANGE COUNTY My Comm. Exp. Oct. 8, 1991 WITNESS my hand and official seal. 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