HomeMy WebLinkAboutC-3855 - Agreement for Non-Standard Improvements (Corte Hermosa, Corte Portofino, and Corte San Rafael)� ^;RECORDING REQUESTED BY AND
U WHEN RECORDED RETURN TO:
City Clerk/C.;/"/
City of Newport Beach
P.O. Box 1768
3300 Newport Boulevard
U Newport Beach, CA 92658-8915
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EXEMPT RECORDING REQUEST PER
GOVERNMENT CODE 6103
EXEMPT
C8
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY. CALIFORNIA
-230 PM JAN 29 '87
Space above this line for Recorder's use only.
AGREEMENT FOR NON-STANDARD IMPROVEMENTS
TRACT 12271
THIS AGREEMENT, made and entered into this i day of
1981 by and between DONALD L. BREN COMPANY, a California Corporation, herein-
after referred to as "OWNER," and the CITY OF NEWPORT BEACH, a municipal cor-
poration, 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";
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FEB 251987
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WITNESSETH
WHEREAS, OWNER is responsible for the repair and maintenance of certain
common areas, including the private streets, located within Tract 12271, a resi-
dential subdivision, hereinafter referred to as Tract 12271; and
WHEREAS, OWNER desires to construct certain improvements, hereinafter
"non-standard improvements", within Tract 12271 as shown on Exhibit "A",
attached hereto and made a part herein by this reference, located along Lots I,
J and M (Corte Hermosa, Corte Portofino and Corte San Rafael) private streets
of Tract 12271, as shown on a map filed in Book 563, Page 1 to 8, inclusive, of
Miscellaneous Maps, Records of Orange County, California; and
WHEREAS, underlying said lot is a public utility easement granted to
the CITY, (hereinafter "EASEMENT", and
WHEREAS, said non-standard improvements may interfere with CITY's
ability to construct, operate, maintain, and replace CITY facilities within
EASEMENT; and
WHEREAS, the underlying public utilities benefit the Tract;
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 and appurtenances within the easement as
shown on Exhibit "A"; and any additional landscaping or improvements other than
ground cover or standard street improvements.
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
P.O. Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658-8915
Space above this line for Recorder's use only.
AGREEMENT FOR NON-STANDARD IMPROVEMENTS
TRACT 12271
THIS AGREEMENT, made and entered into this ,E% day of
2,4
1987, by and between DONALD L. BREN COMPANY, a California Corporation, here n-
after referred to as "OWNER," and the CITY OF NEWPORT BEACH, a municipal cor-
poration, 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";
WITNESSETH
WHEREAS, OWNER is responsible for the repair and maintenance of certain
common areas, including the private streets, located within Tract 12271, a resi-
dential subdivision, hereinafter referred to as Tract 12271; and
WHEREAS, OWNER desires to construct certain improvements, hereinafter
"non-standard improvements", within Tract 12271 as shown on Exhibit "A",
attached hereto and made a part herein by this reference, located along Lots I,
J and M (Corte Hermosa, Corte Portofino and Corte San Rafael) private streets
of Tract 12271, as shown on a map filed in Book 563, Page 1 to 8, inclusive, of
Miscellaneous Maps, Records of Orange County, California; and
WHEREAS, underlying said lot is a public utility easement granted to
the CITY, (hereinafter "EASEMENT", and
WHEREAS, said non-standard improvements may interfere with CITY's
ability to construct, operate, maintain, and replace CITY facilities within
EASEMENT; and
WHEREAS, the underlying public utilities benefit the Tract;
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 and appurtenances within the easement as
shown on Exhibit "A"; and any additional landscaping or improvements other than
ground cover or standard street improvements.
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2. Should CITY be required to enter onto said EASEMENT owned by CITY
to exercise its primary rights associated with said EASEMENT, including, but not
limited to, the maintenance, removal, repair, renewal, replacement or enlarge-
ment of the existing or future facilities, CITY may remove portions of the non-
standard improvements, as required, and in such event:
a. CITY shall notify OWNER of its intention to accomplish such
work, unless an emergency situation exists so that prior notice cannot be given.
b. OWNER shall be responsible for arranging for any renewal or
restoration of the non-standard improvements affected by such work by CITY.
c. 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.
d. OWNER agrees to pay any costs of renewal or restoration of the
non-standard improvements in excess of the costs to be borne by CITY as provided
in this agreement.
3. It is mutually agreed that this Agreement shall be binding upon the
heirs, successors, and assigns of OWNER, 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.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
DONALL. BREN COMPANY,
a Municipal Corporation
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STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
On , 1986, 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 6,66plt,111 , 1986, before me, the undersigned, a Notary Public
in and for said State, personally appeared t,6 ,
known to me to be the `AP.4.4, and
lam' al.r.4 , known to me to be the
(fit. , of the corporation 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.
r
WITNESS my hand and official seal.
OFFICIAL SEAL
ANN GRECO
��'� "'i? �► Notary Public -California
ORANGE COUNTY
My Comm. Exp. Mar. 18, 1990
Notary Public in and for said State
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