HomeMy WebLinkAboutC-3843 - Agreement for Non-Standard Improvements (Island Lagoon Drive)CO
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RECORDING REQUESTED BY AND
V WHEN RECORDED RETURN TO:
City Clerkj /7/i
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658-8915
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EXE ' ' €rEC0 :0!NG RE( ST PER
COVERNMMENT CODE 6103
67.73 16Z79
Space above this line for Recorder's use only
AGREEMENT FOR NON-STANDARD IMPROVEMENTS
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This Agreement, made and entered into this c i day of
, 1987, by and between the Island Lagoon Homeowners
Assoc ation, 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
Nib
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY. CALIFORNIA
-4 ®2 PM JUN 4 '87
`` , ^ate R00UNC 7
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J U N 2 6 1987
„City".
WITNESSETH
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WHEREAS, Owner is a non-profit mutuaj1 benefit corporation
formed under the laws of the State of California, and is respon-
sible for the repair and maintenance of certain common areas,
including the private streets, located within the Sea Island
residential condominium subdivision, hereinafter referred to as
"Sea Island"; and
WHEREAS, Owner has constructed certain improvements,
hereinafter "non-standard improvements" within Sea Island as
shown on Exhibit "A", attached hereto and made a part herein by
this reference, located along Lot A (Island Lagoon Drive), a
private street of Tract 9676, as shown on a map filed in
Book 482, Page 1 to 6, inclusive, of Miscellaneous Maps, Records
of Orange County. California; and
WHEREAS, underlying said lot is a public utility easement
granted to City, hereinafter "Easement", and
WHEREAS, said r..cn-standard improvements may interfere with
City's ability to construct, operate, maintain and replace
City's public utility 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, guard gates,
guard structure, and appurtenances within the Easement as shown
on Exhibit "A", and any additional landscaping or improvements
other than ground cover or standard street improvements.
2. Should City be required to enter onto said Easement
f
owned by City to exercise its primary rights associated with
said Easement, including, but not limited to, the maintenance,
removal, repair, renewal, replacement or enlargement of the
existing or future public utility 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
Ge%r4e.
Wanda E. Raggio, Ci,'y" Clerk
ARPROVED AS TO FORM:
Robert H.
Attorney
rnham, City
CITY OF NEWPO,BEACH, a Municipal
Corpora bqn;
By:
Jgkn C . Cox, Jr., Mayo
ISLAND LAGOON HOMEOWNERS ASSOCIA-
TION, a California non-profit
mutiial benefit corporation
By: L 4v,,c4
By:
-2-
STATE OF CALIFORNIA
COUNTY OF ORANGE
)
)
)
ss:
On , 198_, before me, the undersigned,
a Notary Public in and for said State, personally appeared
John C. Cox, known to me to be the Mayor of the City of Newport
Beach, and Wanda E. Raggio, 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.
STATE OF CALIFORNIA
COUNTY OF ORANGE
)
) ss:
)
Notary Public in and for said State
On April 27 , 1987, before me, the undersigned,
a Notary Public in and for said State, personally appeared
David M. Yeager , known to me to be the President
and , known to me to be the --
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.
OFFICIAL SEAL
JACQUELINE F. COFFIN
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Ekp. May 26, 1990
yl
blic in /an?/for said State
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