HomeMy WebLinkAboutC-3911 - License Agreement (for Non-Standard Improvements - 522 North Newport Boulevard)RECORDING -REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
c' City of Newport Beach
3300 Newport Boulevard
0I Newport Beach, CA 92663-3884
Ba - 35 3Ta
Scotf-)re8.-
Lir co Pm Oc± -11 ® 2_
Space above this line for Recorder's use only
LICENSE AGREEMENT
THIS AGREEMENT is made and entered into this day of
, 1982, by and between the CITY OF NEWPORT BEACH, herein-
after referred to as "CITY" and EUGENE and SUSAN SPIRITUS, hereinafter referred
to as "OWNERS".
WITNESSETH
WHEREAS, OWNERS desire to construct non-standard improvements within
CITY's 15th Street right-of-way (hereinafter "Easement") along the northerly
property line of Lot 1 of Tract 443 as shown on a map filed in Book 17, Page 14,
of Miscellaneous Maps, Records of Orange County, California; also known as
522 North Newport Boulevard, Newport Beach, and hereinafter referred to as
BUSINESS; and
WHEREAS, the parties hereto desire to execute Agreement providing
for the construction of non-standard improvements within the Easement;
NOW, THEREFORE, in consideration of their mutual promises, the parties
hereto agree to the following:
1. DEFINITIONS
"Non-standard improvements" shall be defined to include concrete
and brick stairs and all appurtenances.
2. RIGHTS OF OWNERS
OWNERS may construct, reconstruct, install, maintain, use, operate,
repair and replace said improvements, all in substantial conformance with plans
and specifications therefor on file in CITY's Public Works Department, in, on
and across those certain easements described in Exhibit "A" hereto.
3. RESTORATION
Should CITY be required to enter onto the Easement to construct,
maintain, remove, repair, renew, replace or enlarge utilities, CITY may remove
all or part of the improvements and in such event:
1 of 2
(a) CITY agrees to bear the portion of the costs of the restora-
tion of the improvements to the extent such costs would have
been incurred had standard concrete walk improvements been
installed by OWNERS;
(b) OWNERS agree to pay any costs of restoration of the improve-
ments in excess of the costs to be paid by CITY.
4. OWNERS agree 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 on account of injury or damage suf-
fered or claimed to be suffered as a result of the existence and use of the
aforementioned "non-standard improvements".
5. It is mutually agreed 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 OWNERS' interest in the
BUSINESS, 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 made and entered into the day and year first above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
hi 74e-eA
City Attorney
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE
CITY OF NEWPORT BEACH,
a Municipal Corporation
SUSAN SP .V US
/Susan Spiritus
On , 1982, before me the undersi ned, a Notary Public
in and for said S te, personally appeared 44-6z ci .,c- )
and .c pc_ J , 47 � , whose'names are sutlsc ibed to the within
Instrument, and acVnowledged that they executed the same.
Notary PiAbll` F"IT
e ldejniStaiI muq
CLAIRE A. BIGGINS
NOTARY PUBLIC — CALIFORNIA
PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
Nly CommiR*inn
2 of 2
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
On this
1st
day of October
, in the year
1982 , before me the
undersigned, a Notary Public in and for said State, personally appeared
Jacqueline E. Heather , known to me to be the Mayor of the City of Newport
Beach and Wanda E. Andersen , known to me to be the City Clerk of the City
of Newport Beach and known to me to be the persons who executed the within
instrument on behalf of said governmental agency, and acknowledged to me that
such governmental agency executed -the same.
WITNESS my hand and official seal.
Signature
OFFICIAL SEAL
DOROTHY L. PALEN
NOTARY PUBLIC • CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Expires April 5, 1985
3 x 6 7/ .dJ ryq
LT--r ? 4... .1 4.. iytay
w.---v
b ,•••A"--
+. iA _ .�_•
._ .
:01
• i j..i a_
. _— c..o.-<i a,_ 1•lA L.--- L. - -
/VOA/ -STANDARD //?9,4Fo//,4%Yl./.5.4/T D7- /_
4
4
rt
;;
i
u
11Aribr-Ask. 114a
rie• p-AIL +31i1
AVOVE NOroI
OP. Tt - Al'
x (/
TlL a
ALLEY
'<oLore 1.1
tP1-1ILV14 �pOT1'IZINT
L a N Ir;'�GA r — --�
LA
rt
•
Brion S. Jeannette & Assocs., Inc.
Architects Planners
470 Old Newport Blvd. 714-645-5854
NEWPORT BEACH, CA 92663
OLD
• NEWPORT
BLVD.
EXNIBI T /4