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Home My WebLink AboutC-3627 - Encroachment Agreement for 2101 East Coast Highway�.:G; RDING t<EQUESTED BY AND ',:THEN RECORDED RETURN TO: -City Clerk City of Newport Beach ZD 3300 Newport Boulevard `'N Newport Beach, CA 92663-3884 NO CONSIDERATION Marsh Exempt `ecmQtno ee pe? Gove'Code EXEMPT C 1.4 84--193019 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA -L 00 PM MAY 9'84 Space above this line for Recorder's use onl ENCROACHMENT AGREEMENT , THIS AGREEMENT is made and entered into this 21 st , 1984, by and between the CITY OF NEWPORT BEACH, a mun- icipal corporation, hereinafter referred to as "CITY," and the BANK OF NEWPORT, hereinafter referred to as "OWNER." W I T N E S S E T H: WHEREAS, CITY owns certain public street rights -of -way (hereinafter referred to as "RIGHTS -OF -WAY") located in the City of Newport Beach, County of Orange, State of California, which "RIGHTS -OF -WAY" are more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein; and WHEREAS, OWNER owns that certain real property located at 2101 East CoastC„ Highway in th Git;, of Newport R t n� St b � y. �i.tj Li..., City ��'r""��: f �. �Gv County of ....^.. rSg' y .. ..�+� nf r.l i fn-ni _ which real property is more particularly described as Parcel 1 of Resubdivi- sion 659, as shown on a map filed in Book 152, pages 28 and 29, of Parcel Maps, Records of Orange County, California, and which real property is contiguous to the aforesaid RIGHTS -OF -WAY; and WHEREAS, these RIGHTS -OF -WAY also contain public utility easements; and WHEREAS, CITY has water, sewer, street light, and storm drain facili- ties located within said RIGHTS -OF -WAY; and WHEREAS, CITY desires to,condition approval of construction of a pri- vate storm drain over a portion of said RIGHTS -OF -WAY containing said utility facilities; and WHEREAS, 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 private storm dain; NOW, THEREFORE, in consideration of their mutual promises, the parties hereto agree as follows: 1 of 4 1. DEFINITION 94-193019 "Private storm drain" (hereinafter "improvements") shall be defined to include a 6-inch diameter storm drain and appurtenances jn Avocado Avenue. 2. RIGHTS OF OWNERS 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 CITY's Public Works Department, in, on, and across those certain RIGHTS -OF -WAY described in Exhibit "A" hereto, subject to CITY's issuing encroachment permit to perform the aforementioned work. 3. OWNER'S DUTIES 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 maintain the improvements properly and/or regularly, CITY may at its option, after 30 days written notice or during an emergency, assume the maintenance of the improvements and OWNER agrees to pay all costs incurred by CITY in maintaining the improvements. 4. 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 reimburse CITY promptly for the reasonable costs and expenses incurred by CITY in effecting such repairs. 5. RESTORATION Should CITY be required to construct, maintain, remove, repair, renew, replace or enlarge the water, sewer, storm drain or other public facilities within said RIGHTS -OF -WAY, CITY may remove all or part of the improvements; and, in such event, a. OWNER shall restore the improvements to their condition prior to re►ioval by CITY, said restoration to be completed within sixty (60) days from notice to owner that CITY has completed its work; and b. OWNER agrees to pay any costs of restoration of the improvements. 6. INDEMNIFICATION OWNER agrees to indemnify, defend, and hold CITY, its officers, agents and employees from all demands, claims, losses or liability 2 of 4 84-133013 that arise out of or that are in any way related to the construction, use, maintenance or restoration of the improvements. 7. 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 remove all or part of the improvements instaled by OWNER within RIGHTS -OF -WAY. Termination because of breach shall be upon a minimum of thirty (30) 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. 8. SEVERABILITY The provision 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 enforce- ability of any other provisions hereof. 9. 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, and all their benefits and burdens, shall run with the land, pursuant Section 1468 of the Civil Code of the State of California. 10. ASSIGNMENT to The terms and conditions of the 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. 11. NOTICE When notice is to be given pursuant to this Agreement, it shall be addressed as follows: CITY City of Newport Beach Office of City Attorney 3300 Newport Boulevard Newport Beach, CA 92663-3884 Bank of Newport 2101 East Coast Highway PO Box 7890 Newport Beach, CA 92660 DIANE M. STENGE Assistant Vice President 3OF4 84--193018 Notice shall be deemed given as of the date of mailing when notice is properly addressed and mailed with first class postage prepaid. EXECUTED the day and year first above written at Newport Beach, California. ATTEST: City Clerk ROVED AS TO ORM: City Attorney STATE OF CALTFORNIA ) ) ss. COUNTY OF ORANGE ) CITY OF NEWPORT BEACH, a Municipal Corporation BANK OF NEWPORT By idL„.L.--ik,1 By Diane M. Stenge Assistant Vice President Richard P. Ritter Executive Vice President On `"Y em4 7 / i./ before me, the uilc-^giiC-d, iiUd?y Public in and for said State, personally .,ap�peared .� known to me to be the P/to i.(v., —Mayor and usta.Uco«,. . known to me to be he , City Clerk of the Municipal Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the Municipal Corporation therein named, and acknowledged to me that such Municipal Corpora- tion executed the within Instrument pursuant to a resolution of its City Council 4pyind and official seal. OFFICIAL SEAL DOROTHY L. PALEN NOTARY PUBL!%":i.if (erh iA PRINCIPAL (`FIGS l ORANGE COUNT My Commission Expires April 5, 1S85 o ary Pub i'c`in and State STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On A 7 / /Qj% , before me, the undersigned, a Notary Public in and or said State, personally appeared ,4 known to me to be the tdi�,—A;Lj,— \� President, and ,gIL0 /J, k-E , known to me to be the Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within Instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. OFFICIAL SEAL MICHELLE F DEAN NOTARY PUBLIC CALIFORNIA ORANGE COUNTY My comm. expires JAN 2, 1988 4 of 4 - Q _X A ji2) Notary Public in and for said State ---;. J3u.L`� E. COAST o K hvA E DR. 6" E /60 PVC. 1 1 1 1 Q 34L- V MO! a FOURTH v AVE. -.a itCfl SECOND AVE / RFRotli rpR, CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT STORM 40,12A4N de-A/c-R.44CN.4 CRAWIT ASREE i NtT DRAWN PM. M. DATE 4/i3/81 APPROVED PUBLIC WORKS DIRECTOR R.F. NO DRAWING NO. EX///8/T