Loading...
HomeMy WebLinkAboutC-3843 - Agreement for Non-Standard Improvements (Island Lagoon Drive)CO 00 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 LXEMPT C1 >% CSR%Yti4�Sr4i ffiuh 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 Z .GAND .4 quo,✓ 0�,�.�J 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 RFCQYEp �-CLEtt) J U N 2 6 1987 „City". WITNESSETH (211 Calif ' 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 t • :2 .,„, v. i ..11--q-----P.1\ivoi tl 1 `61-\-k .4 ' t i;-• ...-... t:: V ‘er ii •. '11.d I '1. .*.s:.-..,17"±,:,.: - ti3 ',,i-li' ;:d:'.'• .' .1,..q _ .'.,- 1? 0\ •.,:.:-.1 -----7-k '' -•.. ----14 .'•i I r..i;:[•'''. ::::-4, l',-1•1" v4 ••• , '1;10 9 :.i k.Z,1 i 1 II:' 'if li • - 4:- .i .11" ) ,717-j1 LI •.• \• :: „Ii- I .•('''' --,I .i.. ; .;;..,, ih,..,: ! ...,,A. •. ..- -n, 4 S., i ri A f V •1 , : , i 0 - • %.7 i,., 4 :LI I ''(,i) i 1- r 417-••-7--;'' ...t.1A : I \ • t'• I !- ! 1 0 e'r. I lai.... —1 ; :Z 1 10 I \ • 1 CD 47- I ,11, 1.- t• 4 zaw4tri r. 4. z