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HomeMy WebLinkAboutC-3631 - Agreement for non-Standard Improvements (Locations along Hillsborough)4 3ccnr-�ect in Official Records, RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach t4' P.O. Box 1768 3300 Newport Boulevard C.3 Newport Beach, CA 92663 $�I - z5o 3'75 1vOS'PM tviI?,'24 . Os. e. -Rear-der Space above this line for Recorder's use only AGREEMENT FOR NON-STANDARD IMPROVEMENTS THIS AGREEMENT is made and entered into this 3/..4.12t day of , 1984, by and between the CITY OF NEWPORT BEACH, a municipal corf ration, hereinafter referred to as "CITY" and THE IRVINE COMPANY, INC., a Michigan Corporation, hereinafter referred to as "COMPANY." W I T N E S S E T H: WHEREAS, COMPANY desires to construct non-standard street improvements at certain locations along Hillsborough, a private street and public utility easement, recorded as Instrument No. gy _a,;V©g i of Orange County, California; and WHEREAS, CITY has sewer, water and storm drain facilities located within said easement; and WHEREAS, CITY desires to condition approval of construction of said non-standard improvements over said facilities; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit COMPANY to con- struct said non-standard improvements; 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 textured concrete pavement within the easement as shown on Exhibit "A". 2. CITY will allow COMPANY to construct, reconstruct, install, main- tain, use, operate, repair and replace non-standard improvements and all facili- ties and appurtenances necessary and incidental thereto, over CITY's facilities, all in substantial conformance with plans and specifications therefor on file in the CITY's Public Works Department. CITY will further allow COMPANY to take all reasonable measures necessary or convenient in accomplishing the aforesaid activities. records 3. COMPANY and CITY further agree as follows: (a) COMPANY shall construct and install non-standard improve- ments and all facilities and appurtenances necessary and incidental thereto, in substantial conformance with plans and specifications therefor on file in the CITY's Public Works Department. (b) COMPANY shall maintain the aforesaid non-standard improve- ments and facilities in accordance with general prevailing standards of main- tenance, and to pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require COMPANY to maintain, replace or repair any CITY -owned pipeline, conduit or cable in or under said non-standard street improvements. (c) That should CITY be required to enter onto said easements owned by CITY to exercise its primary rights associated with said easements, including, but not limited to, the maintenance, removal, repair, renewal, re- placement or enlargement of the existing facilities, CITY may remove portions of the non-standard improvements, and in such event: (i) CITY shall notify COMPANY of its intention to accomplish such work, if an emergency situation does not exist. (ii) COMPANY shall be responsible for arranging for any re- newal or restoration of the non-standard improvements affected by such work by CITY. (iii) 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. (iv) COMPANY agrees to pay any costs of renewal or restoration of the non-standard improvements in excess of the costs to be paid by CITY. (d) COMPANY agrees to indemnify and hold harmless CITY, its officers, agents and employees from 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. 4. It is mutually agreed that this Agreement shall be binding upon the heirs, successors and assigns of COMPANY, and shall be recorded in the office of the County Recorder of Orange County, California, provided, however, 2 of 4 that COMPANY may, without CITY's consent, assign its rights and obligations under this Agreement to a community association responsible for the main- tenance of said grounds, and upon such assignment, COMPANY shall be relieved of any obligations to CITY hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. ATT ST City Clerk APPROVED ATOIFORM: City Attorney STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. CITY OF NEWPORT BEACH, a Municipal Corporation By M yor THE IRVINE a Mich.�cd By By NY, INC. poration On _ 1984, before me, the undersigned, a )Notary Public in and said State, personally appeared (,�L�eQq _ i , 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 exe- cuted the same. WITNESS my hand and official seal. OFFICIAL SEAL -DOROTHY L. PALEN NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN ORANGE COL%iY My Commission Expires April 5.1985 Notary Public 3 of 4 0).'pe„ STATE OF CALIFORNIA) COUNTY OF ORANGE ) On 1/4,64_ G 9-?, 1984, before me, the undersigned, a Notar ss. Publ;c in and for said State, person 1-ly ap eared r known to me to be the>a_ij V i i % '� " and ? Li Gam/ Pam_ known to me to be the f the corporation that executed the within instrument, on behalf of the co ''a oration therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. OFFICIAL SEAL KATH1 L. ABRAMSON NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN aN`P ORANGE COUNTY MY COMMISSION EXPIRES FEB. 9, 1988 4 of 4 EXHIBIT A \ \ 11 01°1- 0�. EXISTING TREE (TYP.) PA dOlS 22 SPY GLASS HILL ROAD ri 12. c ckfFP, n-� a 7' = 20': ltrs.Tr 1 Cf -TE2rriN. Ya- EXISTI