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Home My WebLink AboutC-2158 - License Agreement (for Non-Standard Street Improvements for 1543 Serenade Terrace)eo ±:7.CODINGREOUFSTED BYANDMAftTO J, 0- Please Return To ...' City Clerk/� 2L.-/ `. N Croy of i\lu.,:port Beach V 3300 Newport Blvd. Newport Beach, CA 92663-3884 Space Above 85 08524-5 F zernpt ocording r equesf per Gnvnr nrnnnt Coon RHl9 EXEMPT ell v41"11'. CORDED ;N Ur-FiCt;,l hrFL__ ORANGE COUNTY CAL:z-O;iNlk -11 15A M MAR 1 Y ova%� ��,,,r��. - �� fa};CCrfiNF-n This Line For Recorder's Use Only LICENSE AGREEMENT THIS AGREEMENT, made and entered into this 714, day of 1985, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY," and DAVID W. CONOVER and CAROL CONOVER, hereinafter referred to as "OWNER," is made with reference to the following facts: A. CITY controls a certain public street right-of-way (hereinafter "EASE- MENT") located in the City of Newport Beach, County of Orange, State of California, which EASEMENT is known as Ramona Terrace. B. OWNER owns certain real property located at 1543 Serenade Terrace in the City of Newport Beach, County of Orange, State of California, which real property is more particularly described as Lot 46 , Tract 1701,, as shown on a map filed in Book 52, Page 10, of Miscellaneous Maps, Records of Orange County, California; and said real property owned by OWNER is contiguous to EASEMENT; C. OWNER is desirous of constructing certain non-standard street improve- ments and structural encroachments, hereinafter "IMPROVEMENTS," which IMPROVEMENTS are defined for the purpose of this Agreement to consist of a retaining wall forty feet in length and varying in height from zero to a maximum height of 2.5 feet (measured from the top of the existing sidewalk) and which encroaches 2.5 feet into EASEMENT. IMPROVEMENTS are described on the site plan and drawing which is identi- fied as Exhibit "A" and which is attached to this Agreement and incorporated herein by reference. D. CITY desires to condition its approval of the construction of IMPROVE- MENTS as set forth in Exhibit "A" and the parties agree that an Agreement providing for the fulfillment of these conditions, imposed by CITY on OWNER, is appropriate to guarantee performance as follows: NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: 1. RIGHTS OF OWNER CITY hereby grants to OWNER the right to construct, reconstruct, install, maintain, use, operate, repair and replace the IMPROVEMENTS, all in substantial con- formance with said Exhibit "A," in, over and across EASEMENT. ten' ?C '' /. c:" 1 of 4 Space Above This Line For Recorder's Use Only LICENSE AGREEMENT THIS AGREEMENT, made and entered into this % day of 1985, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY," and DAVID W. CONOVER and CAROL CONOVER, hereinafter referred to as "OWNER," is made with reference to the following facts: A. CITY controls a certain public street right-of-way (hereinafter "EASE- MENT") located in the City of Newport Beach, County of Orange, State of California, which EASEMENT is known as Ramona Terrace. B. OWNER owns certain real property located at 1543 Serenade Terrace in the City of Newport Beach, County of Orange, State of California, which real property is more particularly described as Lot 46 , Tract 1701, as shown on a map filed in Book 52, Page 10, of Miscellaneous Maps, Records of Orange County, California; and said real property owned by OWNER is contiguous to EASEMENT; C. OWNER is desirous of constructing certain non-standard street improve- ments and structural encroachments, hereinafter "IMPROVEMENTS," which IMPROVEMENTS are defined for the purpose of this Agreement to consist of a retaining wall forty feet in length and varying in height from zero to a maximum height of 2.5 feet (measured from thetop of the existing sidewalk) and which encroaches 2.5 feet into EASEMENT. IMPROVEMENTS are described on the site plan and drawing which is identi- fied as Exhibit "A" and which is attached to this Agreement and incorporated herein by reference. D. CITY desires to condition its approval of the construction of IMPROVE- MENTS as set forth in Exhibit "A" and the parties agree that an Agreement providing for the fulfillment of these conditions, imposed by CITY on OWNER, is appropriate to guarantee performance as follows: NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: 1. RIGHTS OF OWNER CITY hereby grants to OWNER the right to construct, reconstruct, install, maintain, use, operate, repair and replace the IMPROVEMENTS, all in substantial con- formance with said Exhibit "A," in, over and across EASEMENT. 1 of 4 2. OWNER'S DUTIES OWNER shall properly and regularly maintain IMPROVEMENTS and shall timely pay all costs and expenses incurred during said maintenance. In the event that OWNER fails to properly and/or regularly maintain IMPROVEMENTS, and, in addition to the other rights and remedies that CITY may have pursuant to this Agreement or pursuant to the laws of the State of California, CITY may, at its option, remove IMPROVEMENTS or assume the maintenance of IMPROVEMENTS, and OWNER agrees to pay all costs incurred by CITY in removing or maintaining said IMPROVEMENTS, should CITY assume its right to do so, pursuant to this paragraph. 3. TERM OF THE AGREEMENT Rights granted under this Agreement shall terminate twenty (20) years from the date of this Agreement unless earlier terminated as provided herein. In the event that CITY desires to use EASEMENT for street or public purposes, CITY may terminate this Agreement by giving sixty (60) days' notice of its intention to so do, specifying in said notice the date of termination. CITY shall incur no liability whatsoever in the event of any early termination of this Agreement and the consequent removal of IMPROVEMENTS by the CITY. 4. REPAIRS CITY has the right to make such repairs to IMPROVEMENTS as it deems necessary for the protection of the general public, health, safety and welfare. Ancillary to the right to make such repairs, OWNER hereby grants to CITY the right of entry onto the property of OWNER as is necessary for CITY to make repairs as provided herein, or to remove IMPROVEMENTS in the event of an early termination of this Agreement, because of the need of the CITY to use said EASEMENT for street or public purposes. 5. INDEMNIFICATION OWNER agrees to indemnify and defend CITY and its officers and employees, against and hold CITY, its officers and employees harmless from, any and all demands, claims, losses or liability that arises out of or is in any way related to, the construction, use, maintenance or repair of said IMPROVEMENTS. 6. BREACH In the event either party breaches any material provision of this Agreement, the other party, at its option, may, in addition to other legal remedies 2 of 4 available to it, terminate this Agreement, and, in the event the breaching party is OWNER, CITY may enter upon the EASEMENT and remove all or part of IMPROVE- MENTS installed by OWNER pursuant to this Agreement. Termination because of breach shall be upon a minimum of ten (10) days' Notice, with the Notice specifying the date of termination. 7. SEVERABILITY The provisions of this Agreement are independent and severable and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other pro- vision hereof. 8. RECORDATION Each of the parties hereto specifically consents to the recordation of this Agreement in the Office of the County Recorder in and for the County of Orange, State of California, and all the covenants, restrictions and changes here- under and all their benefits and burdens shall run with the land, pursuant to Section 1468 of the Civil Code of the State of California. 9. ASSIGNMENT The terms and conditions of this Agreement shall be binding upon the successors and assigns of OWNER and shall also be binding upon owners who take title to the property by reason of foreclosure, trustee's sale or otherwise. 10. NOTICE When notice is to be given pursuant to this Agreement, it shall be addressed as follows: CITY City of Newport Beach Office of the City Attorney 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658-8915 OWNER David W. Conover 1543 Serenade Terrace Corona del Mar, CA 92625 3 of 4 Notice shall be deemed given as of the date of mailing and notice shall be addressed as above and mailed first class, postage prepaid thereon. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written ATTEST: City Clerk APPROVED AS TO FORM: 1fttorney STATE OF CALIFORNIA ) )ss COUNTY OF ORANGE ) CITY OF NEWPORT BEACH, a Muni-e-i-•.1 Corporation f ( )_•• By Carol Conover On if-/7"_ , before me, the undersigned, a Notary Public in and for said State, personally appeared ZWW,,Z& 44%•-e%,",,e)f/2 2: and G'•.a/4 e.. , known to me to be the persons whose names are sub- scribed to the within instrument and acknowledged to me that they executed the same. WITNESS my hand and official seal. OFFICIAL S JAMES FRANCIS EGNER NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My Comm. Expires Aug. 19, 1986 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SKETCH FOR ENCROACHMENT PERMIT No.EP ,f 4q7a Loth Block Tract /70 f b61.4)44.K Job Address /43 Sc 7t14be Tc—?z1--mac Owner .+-Yid + C 7 uQ i�a --- (fx.Telephone 8_3 22-0 (W& ) t `Uz-zj/ 3z_tx � 2�•x /7-4 CS7-7r1r0z- l�!/7-6i #4 R ' Se-C-710h D' 0°'t �•�I�.LL HT VARIES- r8u k( Existing Curb and Gutter bia Lg. • T 1 1 ?AMA vetv�� a661" mac_._ Date /� �/ — Applicant`s Signature Please make a sketch of your immediate vicinity showing all dimensions and location of trees, light standards, fire hydrants, parking meters or other obstructions existing on parkway, which might concern this application. Work shall be done according to city specifications and is subject to city inspection. Sketch to be drawn in uuplicate. Ex R t5ir "A"