HomeMy WebLinkAboutC-2126 - Agreement for Non-Standard Improvements (for 1617 East Bay Avenue)RECORDING 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 -'�_, day of
, 1985, by and between MR. HENRY T. SEGERSTROM, whose residence
is 1617 East Bay Avenue, 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 improve-
ments at certain locations along the alley between 1617 East Bay Avenue
and 1618 East Balboa Boulevard, a public street and public utility easement
(hereinafter "Easement") in the parkway adjacent to Lots 20 and 21 and part
of Lots 8, 9, 10, and 11 of Block 25 of East Side Addition to Balboa Tract,
as shown on a map filed in Book 4, Page 20, of Miscellaneous Maps, Records
of Orange County, California, also known as 1617 East Bay Avenue and
1618 East Balboa Boulevard, Newport Beach, and hereinafter referred to as
RESIDENCE: and
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 pro-
viding for fulfillment of the conditions required by CITY to permit OWNER to
construct said non-standard improvements;
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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 seven ducts crossing under the alley between
1617 East Bay Avenue and 1618 East Balboa Boulevard within the Easement
as shown on Exhibit "A".
2. CITY will allow OWNER to construct, reconstruct, install,
maintain, 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
therefor on file in CITY's Public Works Department. CITY will further allow
OWNER to take all reasonable measures necessary or convenient in accom-
plishing 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
substantial conformance with plans and specifications therefor on file in
CITY's Public works Department.
(b) OWNER shall maintain the aforesaid non-standard improve-
ments 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 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 facilities, CITY may remove por-
tions 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
renewal or restoration of the non-standard improvements affected by such
work by CITY.
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(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 stan-
dard street improvements in the same location.
(iv) OWNER agrees to pay any costs of renewal or restora-
tion 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
officers, agents, and employees from all demands, claims, losses or liabi-
lity 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.
APPROVED AS TO FORM:
ATTEST:
y Attorney
This is to certify that this Agreement between Mr. Henry T. Segerstrom and
the City of Newport Beach, a municipal corporation is hereby accepted by the
Mayor of the City of Newport Beach on the G %%, day of
Date: � ..y,�- "�` fig(c
ATTEST:
, 1985.
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STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
On a , 1985, 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.
Notary Public in and for said State
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
On rug 24 , 1985, before me, the undersigned, a Notary
Public in and for said State, personally appeared ( vay 7= Scc ilAdq ,
, known to me to be the person whose name is
subscribed to the within instrument and acknowledged that he executed
the same.
WITNESS my hand and official seal.
.r.
P}', CC: T . C;' .
Advej
i1.
Notary Pu lic i(v and
:or said State
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO
City Clerk //.9 71 6
City of Newport Beach
P.O. Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658-8915
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(10,ofnment Coca 6103
EXEMPT I
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RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
-12 02 PM JUN 6'85
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RECORDER
/ CO OF