HomeMy WebLinkAboutC-2271 - Agreement (For Non-Standard Improvements for Alleys in Block 26, East Side Addition to Balboa Tract)RECORDING REQUESTED BY AND
WHEN RECORDED RETURN T0:
City Clerk%- fit7a-'77,
City of Newport Beach
P.O. Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658-8915
EXEMPT RECORDING REQUEST P....
GOVERNMENT CODE 6103
88-102530
EXEMPTC2
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY. CALIFORNIA
-2n PM MAR 7'88
RECO%aDER
C NSIDF AT
Space above this line for Recorder's use only.
AGREEMENT
THIS AGREEMENT, is made and entered into this 4/ day of March
1988, by and between GARY VOSE (hereinafter referred to as "OWNER"), owner of
Lots 3 and 4 in Block 26, the East Side Addition to the Balboa Tract as per map
recorded in Book 4, Page 20 of Miscellaneous Maps, Records of Or
California; and the CITY OF NEWPORT BEACH, a municipal corporatib-n4. organized
and existing under and by virtue of its Charter and the Constitution and the_
.MAR �'419
laws of the State of California (hereinafter referred to as "CITY").
WITNESSETH
WHEREAS, OWNER is owner of certain real property in said Block 26,
East Side Addition to Balboa Tract, and;
,
WHEREAS, OWNER desires to construct non-standard improvements and
install conduits for underground utilities in the alleys in said Block 26,
East Side Addition to the Balboa Tract, as shown on Exhibit "A" attached hereto;
and
WHEREAS, CITY desires condition approval of construction of non-
standard improvements in public alleys and alley approaches; and
WHEREAS, the parties hereto desire to execute an agreement providing
for fulfillment of the conditions required by CITY to permit OWNER 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 as
brick pavement constructed by OWNER on top of portland cement concrete alley
pavement and alley approach at Balboa Boulevard constructed by CITY.
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88-102530
II. CITY will allow OWNER to construct, reconstruct, install, maintain,
use, operate, repair and replace non-standard improvements over CITY's
facilities, all in substantial conformance with plans and specifications there-
for on file in the CITY's Public Works Department and as shown on Exhibit "B'
attached hereto. CITY will further allow OWNER to take all reasonable measures
necessary or convenient to accomplish the aforesaid activities.
III. OWNER and CITY further agree as follows:
required; and
A. CITY will replace City -owned water lines and sanitary sewers as
B. CITY will construct new portland cement alley pavement and
alley approach at Balboa Boulevard; and
C. CITY will leave the top of said new portland cement concrete
alley pavement and alley approach at Balboa Boulevard three inches below the
finished surface so that OWNER may construct said brick pavement to the finished
grade shown on approved plans on file in the office of CITY's Public Works
Department.
D. OWNER shall construct and install non-standard improvements and
all facilities and appurtenances necessary and incidental thereto.
E. 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 construed to require OWNER to maintain, replace or repair any
CITY -owned pipeline, conduit or cable located in or under said non-standard
improvements.
F. That should CITY be required to enter into said public alleys
and alley approach at Balboa Boulevard owned by CITY to exercise its primary
rights associated with said alleys and alley approach at Balboa Boulevard,
including, but not limited to, the maintenance, removal, repair, renewal, re-
placement 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 OWNER of its intention to accomplish such
work, if an emergency situation does not exist.
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88-102530
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 pay all costs for renewal or restoration of
the non-standard improvements.
4. CITY agrees to bear the portion of the costs of any such
renewal or restoration of the non-standard street improvements not in excess of
the cost which would be incurred for the restoration or renewal of standard
street improvements in the same location.
5. OWNER agrees to pay any costs of renewal or restoration of
the non-standard improvements in excess of the costs to be paid by CITY.
G. 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 or renewal of said non-standard improvements.
OWNER shall indenmify 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, accruing or resulting to any and all per-
sons, firms, or corporations owning real property in Block 26, East Side
Addition to the Balboa Tract, as shown on Exhibit "A" attached hereto arising
from or in any manner connected to the construction, use, maintenance or renewal
of said non-standard improvements.
IV. 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.
V. 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.
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63-10253]
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
ATTEST:
Y1� City Clerk
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
On /1L , 1988, before me, the under igned, a Notary
Public in and for said State, personally appeared
, knojn to me to be the Mayor of the City of V
Newport _a ,Sea _And JJ—��� cam,— , known to me
to be theAtity Clerk of the City of Newport Beach, known to me to be the
persons whose names are subscribed to the within instrument, and
acknowledged to me that they executed the same.
CITY OF NEWP
a Municipal
By
By
By
Gary Vos
BEACH,
oratio
« FICIKi • n. an
DOROTHY L. PALEN
NOTARY PUBLIC • CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Exp. Apr. 5, 1989
official seal.
Notary Public it and for said State
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
On kzA4L4,L.1988, before me, the undersigned, a Notary
Public in and for said State, personally appeared %ey- , �'�' ,
, known to me (or proved to me` on the basis of
satisfactory evidence) to be the person(s) described in, and whose name(s) is
(are) subscribed to the within instrument and acknowledged that he/she executed
the same.
OFFICIAL SEAL #,
DOROTHY L. PALEN
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Exp. Apr. 5, 1989
Notary Public Wand for said State
4 of 4
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