HomeMy WebLinkAboutC-4079 - Agreement (for Non-Standard Improvement - 411 N. Bay Front). RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
City Clerk// 7 4
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
90: 15383
$11.00
C18
RECORDED IN RECORDS
OF ORANGE COUNTYIAL, CALIFORNIA
2:30
P.M. FP P R. 2 4 1990
cet, RECORDER
Space above this line for Recorder's use only.
AGREEMENT
THIS AGREEMENT is made and entered into this o2,9ZL day of
, 1990, by and between JACK NORTHRUP and JOAN
NORTHRUP, husband and wife, (hereinafter "OWNERS"), and the City
of Newport Beach, California, 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 "CITY");
W I T N E S S E T H:
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WHEREAS, OWNERS desire to construct _certain non-standard
improvements (hereinafter "IMPROVEMENTS") within the public
right-of-way of Agate Avenue (hereinafter "EASEMENT") that is
located adjacent to Lot 6, Block 8, Resubdivision of Section One,
Balboa Island as per map recorded in Book 6, Page 30 of
Miscellaneous Maps in the office of the County Recorder of Orange
County, California, and
WHEREAS, said IMPROVEMENTS may interfere with CITY'S
ability to construct, operate, maintain, and replace CITY
facilities within EASEMENT; and
WHEREAS, CITY desires to condition approval of construction
of IMPROVEMENTS within EASEMENT; and
WHEREAS; the parties hereto desire to execute an agreement
providing for fulfillment of the conditions required by CITY to
permit OWNERS to construct IMPROVEMENTS;
NOW, THEREFORE, in consideration of the mutual promises, the
parties hereto agree as follows:
1. It is mutually agreed that IMPROVEMENTS shall be
defined as steps encroaching not more than two and one-half feet
into said EASEMENT; not exceeding thirteen (13) feet in width
measured parallel to the center line of said Agate Avenue; and
not more than one and one-half feet above the level of the
adjacent public sidewalk, as shown on EXHIBIT "A" attached
hereto.
2. CITY will allow OWNERS to construct, reconstruct,
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install, maintain, ,e, operate, repair and repia�e said non-
standard improvements and all facilities and appurtenances
necessary and incidental thereto, over CITY's facilities, all in
substantial conformance with plans and specifications therefor on
file in the CITY. CITY will further allow OWNERS to take all
reasonable measures necessary or convenient in accomplishing the
aforesaid activities.
3. OWNERS and CITY further agree as follows:
A. OWNERS may construct and install IMPROVEMENTS 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 on Exhibit "A" hereto attached.
B. OWNERS shall maintain the aforesaid IMPROVEMENTS
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 OWNERS to
maintain, replace or repair any CITY -owned pipeline, conduit or
cable located in or under said IMPROVEMENTS.
C. That 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 enlargement
of the existing or future facilities, CITY may remove portions of
the IMPROVEMENTS, as required, and in such event:
(i) CITY shall notify OWNERS of its intention
to accomplish such work, if any emergency situation does not
exist.
(ii) OWNER shall be responsible for arranging
for any renewal or restoration of the IMPROVEMENTS affected by
such work by CITY;
(iii) CITY agrees to bear the portion of the
costs of any removal of the IMPROVEMENTS.
(iv) OWNERS agrees to pay all costs for renewal
or restoration of the IMPROVEMENTS.
D. OWNERS shall indemnify and hold harmless CITY, its
City Council, boards and commissions, officers and employees from
and against any and all loss, damage, liability, claims, suits,
costs and expenses whatsoever, including reasonable attorneys'
fees, regardless of the merit or outcome of any such claim or
suit arising from or in any manner connected to the construction,
use, maintenance or renewal of the IMPROVEMENTS.
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4. OWNERS agithat this Agreement sha... 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 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:
By:
(, City Attorney
CITY OF NEWPORT BEACH,
a Municipal corporation
By:
eP EST: OWNE
• i
E OF CALIFORNIA )
COUNTY OF ORANGE
ss:
By:
May
On -7,Kki-c_z-e-d4 , 1990, before me, the undersigned, a
Notary Public in and for the State, personally appeared
Ruthelyn Plummer , known to me to be'the Mayor of the
City of Newport Beach and Wanda E. Raagio
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 se
OFFICIAL SEAL
SHAUNA LYN OYLER
1.4
4 ;`'F:iii:'' - RI, NOTARY PUBLIC - CALIFORNIA
y ^,� ORANGE CCUNTY
My Comm. Cx'"es Jcn 16, 1S9
STATE OF CALIFORNIA )
)
COUNTY OF ORANGE
SS:
Notary Public in an ror sa', State
OFFICIAL SEAL
SHAUNA LYN OYLER
NOTARY PUBLIC - CALIFORNL4
ORANGE COUNTY
My Comm. Expires Jan. 16.1993
On /2tQ 'e''// /. - , 1990, before me, the undersigned, a
Notary PublicAn and for the State, personally appeared
( 0e, re-T H-& a P sou) /02/�✓`�fi�cc%' , known
to me (or proved to me on the basis of satisfactory evidence) to
be the person(s) whose name(s) is (are) subscribed to the within
instruction and acknowledged that he/she/they exfecuted the same.
OFFICIAL SEAL
W.A. STEVENS
.1NOTAPY PUS! IC-CA_iFC3RN1A
ORANGE COUNTY
MY COMM. EXP. JAN. 25,1991
Notary Public in and for said State
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