HomeMy WebLinkAboutC-3907 - Agreement for Non-Standard Improvements (1720 Kings Road)RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
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O City Clerk/�� ; 1
City of Newport Beach
('ri P.O. Box 1768
1 3300 Newport Boulevard
V Newport Beach, CA 92658-8915
NO CONSJDERATION
EXEMPT RECORDING REQUEST PER
GOVERNMENT CODE 6103
RECORDED IN 01-FICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
-315 PM MAR 27 '87
a R
D J couNN
ECARDER
AGREEMENT FOR NON-STANDARD IMPROVEMENTS
THIS AGREEMENT is made and entered into this ,22ft day of
Y[' Aj , 1987, by and between PHILLIP A. PETTY, whose address is
1720 Kings Road, Newport Beach, California, hereinafter referred to as "OWNER,"
and the CITY OF NEWPORT BEACH, a municipal corporation, organized and existing
under and by virtue of its Charter and the Constitution and the laws of the
State of California, hereinafter referred to as "CITY";
W ITNESSET H:
WHEREAS, OWNER desires to construct non-standard parkway improvements
in the public right-of-way of Kings Road (60 feet in width) adjacent to Lot 15,
Tract 1221 as per map recorded in Book 42, Page 11 of Miscellaneous Maps in the
office of the County Recorder of Orange County, California; and
WHEREAS, CITY desires to condition approval of construction of said
non-standard improvements within public rights -of -way; 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 the mutual promises, the par-
ties hereto agree as follows:
1. It is mutually agreed that:
a. "Non-standard improvements" shall be defined as a brick stair-
way and landing; appurtenant low retaining walls and railings; two ornamental
light fixtures; and a mailbox; and
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b. Retaining walls and other raised portions of the improvements
shall not encroach within four (4) feet of the back of the curb on Kings Road.
2. CITY will allow OWNER to construct, reconstruct, install, maintain,
use, operate, repair and replace said non-standard improvements. CITY will
further allow OWNER to take all reasonable measures necessary or convenient in
accomplishing the aforesaid activities.
3. OWNER and CITY further agree as follows:
a. OWNER may construct and install non-standard improvements and
all facilities and appurtenances necessary and incidental thereto as shown on
said Exhibit "A" hereto attached.
b. OWNER shall maintain the aforesaid non-standard improvements
in accordance with general prevailing standards of maintenance, and pay all
costs and expenses incurred in doing so.
c. Should CITY be required to enter onto said public rights -of -
way owned by CITY to exercise its primary rights associated with said public
rights -of -way, 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:
(i) CITY shall notify OWNER of its intention to accomplish such
work, if an emergency situation does not exist.
(ii) OWNER shall be responsible for arranging for any renewal or
restoration of the non-standard improvements affected by such work by CITY.
(iii) OWNER shall pay any costs of renewal or restoration of the
non-standard improvements.
d. OWNER 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.
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4. 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.
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:
CITY OF NEWPO ACH,
a Municipal •y ati
Mayo
PH
By
PETTY
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
On i?L,i°:i JJ, 1987, before me, the undersigned, a Notary
Public in and for said State, personally appeared
, known to me to be t4 Mayor4', of the City of j'
Newport Beach, and ; (/w' r� , % <<.�, , known to me
to be the City Clerk of the City of Newport Beaoi(jjknown to me to be the
persons whose names are subscribed to the within instrument, and
acknowledged to me that they executed the same.
14iIiiCJJ 1n9
OFFICIAL SEAL
DOROTHY L. PALEN
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Exp. Apr. 5, 1989
hand and official seal.
Notary Public ingand for said State
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
1987
On 13arch 16 , klEgc, before me, the undersigned, a Notary
Public in and for said State, personally appeared Phillip A. Petty
, 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/ghg executed
the same.
(GP
Notary Pub
and for said State
OFFICAL >
JUNE I. Jl1HiVSiiit
NOTARY PUBLIC; . CALIFS RMA
ORANGE COUNTY V
My Comm. E%plrc; Feb. 4, 14SE
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