HomeMy WebLinkAboutC-2126(A) - Agreement for Non-Standard Improvements (for 1617 East Bay Avenue)7—RETORDING REQUESTED BY ANDr—Nr
HEN RECORDED RETURN TO:
City Clerk - `7 c 1 Tla C
City of Newp rt Beach
P.O. Box 1768
-- 3300 Newport Boulevard
rt Newport Beach, CA 92658-8915
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RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
-12 Q9 PM FEB 13 '85
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Space above this line for Recorder's use only.
AGREEMENT FOR NON-STANDARD IMPROVEMENTS
HIS AGREEMENT, made and entered into thi
198 by and between Mr. Henry T. Segerstrom
day o
whose business address is
and if an individual, whose residence address is 1617 East Bayfront Drive
Newport Beach, CA , 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";
W ITNESSET H:
WHEREAS, OWNER desires to construct non-standard street improvements
at certain locations along 1617 and 1619 E. Bayfront Drive, and 1618
rl street address
East Blaboa.Blvd. , a Public street and public utility
public/private 20 & 21 and
easement (hereinafter "Easement") in the parkway adjacent to Lot of
part of lots 8,9,10 and 11 of Block 25 of E. Side Addition to
Tract Balboa , as shown; on a map filed in Book 4 Page(s) 20
of Miscellaneous Maps, Records of Orange County, California, also known as
16.17 and 1619 E. Bayfront Drive & 1618 E. Balboa Blvd., Newport Beach,
street address
and hereinafter referred to as Residence ; and
"Residence/Business"
WHnEAS, CITY has sewer, water and storm drain facilities located
within said easement; and
WHEREAS, CITY desires to condition approval of construction of said
non-standard improvements over said facilities; and
WHEREAS, the parties hereto desire to execute an agreement providing
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 Construction of new curbs, and new sidewalks, and alley
at 1617 & 1619 E. Bayfront Drive, and 1618 E. Balboa Blvd.
within the easement as shown on Exhibit "A".
1 of 4
CORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
P.O. Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658-8915
Space above this line for Recorder's use only.
AGREEMENT FOR NON-STANDARD IMPROVEMENTS
THIS AGREEMENT, made and entered into this
.."-;i2/47
19ac by and between Mr. Henry T. Segerstrom
whose business address is
and if an individual, whose residence address is 1617 East Bayfront Drive
day of
Newport Beach, CA , 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";
W I T N E S S E T H:
WHEREAS, OWNER desires to construct non-standard street improvements
at certain locations along 1617 and 1619 E. Bayfront Drive, and 1618
street address
East Blaboa-Blvd. , a Public street and public utility
'public/private 20 & 21 and
easement (hereinafter "Easement") in the parkway adjacent to Lot of
part of lots 8,9,10 and 11 of Block 25 of E. Side Addition to
Tract Balboa , as shown on a map filed` in Book 4 , Page(s) 20
of Miscellaneous Maps, Records of Orange County, California, also known as
1617 and 1619 E. Bayfront Drive & 1618 E. Balboa Blvd., Newport Beach,
street address
and hereinafter referred to as Residence ; and
"Residence/Business"
WHEREAS, CITY has sewer, water and storm drain facilities located
within said easement; and
WHEREAS, CITY desires to condition approval of construction of said
non-standard improvements over said facilities; and
WHEREAS, the parties hereto desire to execute an agreement providing
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 b(:::::::__
defined as Construction of new curbs, and new sidewalks, and alley
at 1617 & 1619 E. Bayfront Drive, and 1618 E. Balboa Blvd.
within the easement as shown on Exhibit "A".
1 of 4
2. CITY will allow OWNER to construct, reconstruct, install, main-
tain, use, operate, repair and replace non-standard improvements and all
facilities and appurtenances necessary and incidental thereto, over CITY's
facilities, all in substantial conformance with plans and specifications there-
for on file in CITY's Public Works Department. 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 shall construct and install non-standard improvements
and all facilities and appurtenances necessary and incidental thereto, in sub-
stantial conformance with plans and specifications therefor on file in CITY's
Public Works Department.
(b) OWNER shall maintain the aforesaid non-standard improvements
and facilities in accordance with general prevailing standards of maintenance,
and to 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 in or under said non-standard street im-
provements.
(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, re-
placement or enlargementiof the exist:Ingifacilities, CITY may remove portions
of the non-standard improvements, and in such event:
(i) CITY shall notify OWNER of its intention to accomplish
such work, if an emergency situation does not exist.
(ii) OWNER shall be responsible for arranging for any re-
•
newal or restoration of the non-standard improvements affected by such work by
CITY.
(iii) 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.
(iv) OWNER agrees to pay any costs of renewal 'or restoration
of the non-standard improvements in excess of the costs to be paid by CITY.
(d) OWNER agrees to indemnify and hold harmless CITY, its officer,
agents and employees from 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 construction, use, maintenance or renewal of the non-standard
improvements.
4. 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
City Clerk
APPRO ED AS TO FORM:
nn if
LC
City Attorney
This is to certify that this Agreement between Mr. Henry Segerstrom
and the City of Newport Beach, a municipal corpora-
tion is hereby accepted by the Mayor on tie, day of
Date:
F:E.i Ar5
Authorized by City Council Resolution No.
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
, 198
On , 198, before me, the undersigned, a Notary Public
in and for said State, personally appeared
known to me to be the Mayor of the City of Newport Beach, and
, 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.
3 of 4
Notary Public
STATE OF CALIFORNIA)
) ss
COUNTY OF )
On this
day of , 19 , before me,
, a Notary Public in and for said State , personally
appeared , and
, personally known to me (or proved to me on the basis of
satisfactory evidence) to the (Vice) President and (Ass't) Secretary, respec-
tively, of , the corporation that executed
the within instrument and known to me (or proved to me on the basis of satis-
factory evidence) to be the persons who executed the within instrument on
behalf of said corporation and acknowledged to me that such corporation
executed the same.
My commission expires . Witness my hand and official seal:
STATE OF CALIFORNIA)
COUNTY OF Orange)
Notary Public in and for said State
On this l4thday of January , 19 85, before me, Gail Ann
Miller , a Notary Public in and for said State, personally
appeared Mr. Henry T. Segerstrom and Renee M. Segerstrom
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person(s) described in, and whose ¶ame(s) is (are) subscribed to
within the instrument and he (she, they) acknowledged to me that he (she, they)
executed the same.
My commission expires
9- 15- 85 . Witness my hand and official seal:
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J. ( c!JA iTh )
Notary Public in a'nd for said State