HomeMy WebLinkAboutC-2251 - Encroachment Agreement Resubdivision No. 724 for 600 Edgewater PlaceRECur DT, ...'7.QUES ; ED BY AND
_,_,'WHE,N RECORDED RETURN TO:
City Clerk/1 ',' /'''
�`` 'City of Newport Beach
\v 3300 Newport Boulevard
(� Newport Beach, CA 92663-3834
IEXEMPT.
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CONSIONTRIN
EXEMPT RECORDING RE QUEST PER
GOVERNMENT CODE 6103
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'EC -CA EQ 1N OFFICIAL RECORns
OF ORANGE COUNTY CALIFORNIA
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ENCROACHMENT AGREEMENT
RE-Sc./SO/1 / / 3/ 0A/ N '. 724
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CITY OF
i4EV 9RT BEACH,
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FEB 1018861.
RECEIVED
CITY CLERK1
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THIS AGREEMENT, made and entered into this c�y day of j4„3.497
1936, by and between the CITY OF NEWPORT BEACH, a municipal corporation,
hereinafter referred to as "CITY," and BALBOA FUN ZONE, INC., hereinafter
referred to as "OWNER," is made with reference to the following facts:
A. CITY has easements over certain public street rights of way
(hereafter "EASEMENTS") located in the City of Newport Beach, County of 0ranae,
State of California, which EASEMENTS are more particularly described in Exhibit
"A" attached hereto and by this reference incorporated herein.
B. OWNER owns that certain real property located at 600 Edgewater
Place in the City of Newport Beach, County of Orange, State of California, which
real property is more particularly described as Lots 1 - 7, Block B, Balboa
Bayside Tract, and portions of Section 35, Township G South Range 10 West, San
Bernardino Meridian.
C. This EASEMENT also contains public utility easements.
D. CITY has water, sewer, street lighting and storm drain facilities
located within said EASEMENT.
E. CITY desires to condition approval of construction of non-standard
street improvements over a portion of said street EASEMENT containing said
utility facilities.
F. The parties hereto desire to execute an agreement providing for
fulfillment of the conditions imposed by CITY on OWNER as a precondition for the
granting of permission to construct the non-standard street improvements.
NOW, THEREFORE, in consideration of their mutual promises, the parties
hereto agree as follows:
1 of 4
1. DEFINITIONS
"Non-standard street improvements" (hereafter "IMPROVEMENTS") shall
be defined to include landscaped areas, trash receptical, bike racks, non-
standard street lights, benches, tables and chairs, painted railing along the
Edgewater Place bulkhead and street or sidewalk surfacing which is not con-
structed of natural colored Portland cement concrete and/or finished in a
customary fashion.
2. TERM
Rights granted under this Agreement may be termrrnated in the event
that CITY desires to use the EASEMENT for street purposes. CITY may terminate
this Agreement by giving 60 days' notice of its intention to do so, specifying
in said notice the date of termination. CITY shall incur no liability what-
soever in the event of the termination of this Agreement, or subsequent removal
of improvements by CITY.
3. RIGHTS OF OWNER
OWNER may construct, reconstruct, install, maintain, use, operate,
repair and replace said improvements, all in substantial conformance with plans
and specifications therefor on file in the CITY's Public Works Department, in on
and across those certain easements described in Exhibit "A" hereto.
4. OWNER'S DUTIES
a. OWNER shall properly and regularly maintain the improvements
and shall timely pay all costs and expenses incurred in doing so. In the event
that owner fails to properly and/or regularly maintain the improvements, CITY
may, at its option, assume the maintenance of the improvements and OWNER agrees
to pay all costs incurred by CITY in maintaining the improvements.
b. OWNER shall maintain improvements in an open manner so that the
general public has free access to the easement area with no contraints placed on
access to the pubic easement area.
5. REPAIRS
CITY has the right to make such repairs to the improvements as it
deems necessary for the protection of the public health, welfare and safety.
OWNER agrees to promptly reimburse CITY for the reasonable costs and expenses
incurred by CITY in effecting such repairs.
2 of 4
6. RESTORATION
Should CITY be required to enter onto the easements to construct,
maintain, remove, repair, renew, replace or enlarge the water, sewer, street
light, or storm drain facilities, CITY may remove all or part of the improve-
ments and in such event:
a. OWNER shall restore the improvements to their condition prior
to removal by CITY, said restoration to be completed within 60 days from notice
to OWNER that CITY has completed its work:
b. CITY agrees to bear the portion of the costs of the restoration
of the improvements to the extent such costs would have been incurred had stan-
dard street improvements been installed by OWNER.
c. OWNER agrees to pay any costs of restoration of the improve-
ments in excess of the costs to be paid by CITY.
7. INDEMNIFICATION
OWNER agrees to indemnify, defend, and hold CITY, its officers,
agents and employees harmless from all demands, claims, losses or liability
that arise out of or that are in any way related to the construction, use, main-
tenance or restoration of the improvements.
8. BREACH
In the event either party breaches any material provision of this
Agreement, the other party at its option may, in addition to the other legal
remedies available to it, terminate this Agreement, and, in the event the
breaching party is OWNER, CITY may enter upon the EASEMENT and remove all or
part of the improvements installed by OWNER. Termination because of breach
shall be upon a minimum of ten (10) days' notice, with the notice specifying the
date of termination. In the event of litigation commenced with respect to any
term or condition of this Agreement, the prevailing party shall be entitled to
reasonable attorney fees and costs incurred.
9. SEVERABILITY
The provisions of this Agreement are independent and severable, and
the invalidity or partial invalidity or unenforceability of any one provision or
portion thereof shall not affect the validity or enforceability of any other
provisions hereof.
3 of 4
10. RECORDATION
Each of the parties hereto specifically consents to the recordation
of this License Agreement in the Office of the County Recorder of Orange County,
California, and the covenants, restrictions and charges hereunder,
benefits and burdens, shall run with the land, pursuant to Section
Civil Code of the State of California.
and all their
1468 of the
11. ASSIGNMENT
The terms and conditions of this Agreement shall be binding upon
the successors and assigns of OWNER, and shall also be binding upon owners who
take title to the property by reason of foreclosure, trustee's sale, or
otherwise.
12. NOTICE
When notice is to be given pursuant to this Agreement, it shall be
addressed as follows:
CITY
City of Newport Beach
Office of the City Attorney
3300 Newport Boulevard
Newport Beach, CA 92663-3884
OWNER
Balboa Fun Zone, Ltd.
600 East Bay
Balboa, CA 92661
Notice shall be deemed given as of the date of mailing when notice is properly
addressed and mailed with first class postage prepaid.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first above written.
ATTEST:
• ,e(-2
City Clerk
CITY B 4CH,
a unicip;� Cor.oration
BALBOA FUN ZONE, LTD'.
By
By
4 of 4
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
On , 1936, before me, the undersigned, a Notary
Public in and for said State, personally appeared
, known to me to be the Mayor of the City of
Newport Beach, and , known to me
to be the City 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.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
On , 1985, before me, the undersigned, a Notary
Public in and for said State, personally appeared
and
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the and , respectively, of
, the corporation that executed the within instru-
ment and known to me (or proved to me on the basis of satisfactory evidence) to
be the persons who executed the within instrument on behalf of said corporation
and acknowledged to me that such corporation executed the same.
WITNESS my hand and official seal.
Notary Public in and for said State
CAT. NO. NN00630
TO 21946 CA (1-83)
(Partnership)
STATE OF CALIFORNIA
COUNTY OF Q Anli(.E
TICOR TITLE INSURANCE
On Fit..) j ,Gi Rt before me, the undersigned, a Notary Public in and for
said State, personally appeared in hl /A &,: K
personally known to me or
proved to me on the basis of satisfactory evidence to be
the person who executed the within instrument as
C= r ACV ri• of -the partners of the partnership
that executed the within instrument, and acknowledged
to me that such partnership executed the same.
WITNESS my hand and official seal.
Signature (.(,LC.Q e41. v
OFFICIAL SEAL.
BRUCE LAWRENCE WANK h;
NOTARY PUBLIC - CALIFORNIA I{
ORANGE COUNTY
My comm. expires JUL 8, 1933
(This area for official notarial seal)
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BALBOA FUN. ZONE SITE DEVELOPMENT PLAN
600 EAST BAY AVENUE, NEWPORT BEACH
A COMMERCIAL DEVELOPMENT FOR:
YAVAR 6UDUSTRIES, R. E.
660 NEWPORT CENTER DRIVE, SUITE 216
NEWPORT BEACH, CA 62660
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BALBOA FUN ZONE
600 EAST BAT AVENUE. NEWPORT BEACH
A COMMERCIAL DEVELOPMENT FOR:
YAVAR INDUSTRIES, R. E.
680 NEWPORT CENTER DRIVE, SUITE 215
NEWPORT REACH, CA 92680
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BALBOA FUN ZONE
600 EAST BAY AVENUE, NEWPORT BEACH
A COMMERCIAL DEVELOPMENT FOR;
YAVAR INDUSTRIES, R- E.
1660 NEWPORT CENTER DRIVE, SUITE 215
11 SITE DETAILS
NEWPORT BEACH. CA 52560
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