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Home My WebLink AboutC-3842 - Agreement for Non-Standard Improvements (2244 West Coast Highway)RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk ` 4- 1 City of Newport Beach P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92658-8915 NO CONSIDERATION 8T-5862T6 wrincomeammiks GOVERN= DX 6103 I- EXEMPT C2 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY' �i P CL NIA -2PM OCT 2 0'87 c- a couary RECORDER Space above this line for Recorder's use only. AGREEMENT FOR NON-STANDARD IMPROVEMENTS SITE PLAN REVIEW NO. 25 REEMENT, made and entered into thisAay of d between Lawrence J. and Eileen O'Rourke, whose address West Coast Highway, 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"; WITNESSETH WHEREAS, OWNER desires to construct certain improvements, hereinafter "non-standard improvements", within a 12-foot-wide ease- ment for public utility purposes portion of Lot A of Tract 919 as in Book 29, Pages 31, 32, 33 and (hereafter "EASEMENT") crossing a said lot is shown on a map filed 34 of Miscellaneous Maps, Records of Orange County, California; also known as 2244 West Coast Highway, Newport Beach, California herein referred to as "COMMERCIAL BUILDING"; and WHEREAS, said non-standard improvements may interfere with CITY's or public utility companies' ability to tain, public utilities within EASEMENT; WHEREAS, the parties hereto desire construct, operate, and main - and to execute an agreement pro- viding for fulfillment of the conditions required by CITY to permit OWNER to construct 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 a sign within the EASEMENT as shown on Exhibit "A", hereto attached and made a part of this Agreement. 87-58627E 2. CITY will allow OWNER to construct, reconstruct, install, maintain, use, operate, repair and replace said non-standard improve- ments and all facilities and appurtances necessary and incidental thereto, all in substantial conformance with plans and specifications therefor on file in the CITY. 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 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, and as described in Exhibit "A" hereto attached. b. OWNER shall maintain the aforesaid non-standard im- provements and facilities in accordance with general prevailing standards of maintenance, and pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require OWNER to maintain, replace or repair any CITY -owned pipeline, conduit or cable located in or under said non-standard improvements. c. That should CITY or other public utility company be required to enter onto said EASEMENT owned by CITY to exercise their primary rights associated with said EASEMENT, including, but not limited to, installation, maintenance, removal, repair, renewal, re- placement or enlargement of future utilities, OWNER shall remove the non-standard improvements at no cost to CITY or public utility company, and in such event: (i) OWNER shall be responsible for arranging for any renewal or restoration of the non-standard improvements affected by such work. (ii) OWNER agrees to pay all costs for renewal or restoration of the non-standard improvements at no cost to CITY or public utility company. d. OWNER agrees to indemnify and hold harmless, its officers, agents and employees, from any and 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 con- struction, use, maintenance or renewal of the non-standard improve- ments. -2- 87.-5862Tr. 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: STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE CITY OF NEWPORT BEACH, a Municipal Corporation On L, ,Jt&L't /�- , 198 ( , before me, the undersigned, a Notary Publiin a d for the State, personally appeared , known to me.)to be the Mayor of the City of I4wport Beac a ��,it„4, .. ;`3� - , known to me to be the City Clerk of the City of Newport(ach, 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. OFFICIat. SEAL Dr,` OTHY L. PALEN ;,RV PUBLIC - CALIFORNIA rRINC:PA.L OFFICE IN C°R.ANCE COUNT,' •o '7 :0 Cortniission E. Apr. 5, 1989 STATE OF CALIFORNIA ss: COUNTY OF ORANGE �! Notary Public4n and for said State On June 26 , 1987, before me, the undersigned, a Notary Public in and for said State, personally appeared Larry O'Rourke and known to me (or proved to me on the basis of satisfactory evidence) to be the person(z) whose name(*) is (aim) subscribed to the within instrument and acknowledged that he/ executed the same. WITNESS my hand and official seal. OfF:O AL SEAL NADINE A. BOMGREN t NOTARY PUBLIC CALIFORNIA PR4NCIPAi OFFICE IN ORAL COUNTY �Ay Catr ntssr)9 E . Set:' �['�o�. al„M1.9...•- a, �J-T .... yea..►\ Notary Public in and f o� said id State Nadine A. Bomgren -3- 8T-58627 0 DR. WEST HWY e'A5EA4ENT eweRaeicAeez, BY Afea/V- 57,9A✓O4RD /MIPRa✓EM/5=N%S (A gU5/A/ SS S'&A/) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DRAWN , 44.41• DATE 6/29/87 NON- STANDARD /M ab/eA4SN7S W/T///N ie4 EN APPROVED PUBLIC WORKS DIRECTOR R.E. NO. DRAWING NO. AX1//13/T ' 4"