HomeMy WebLinkAboutC-2176 - Agreement for Non-Standard Improvements for 1804 South Bay FrontAGREEMENT FOR NON-STANDARD IMPROVEMENTS
THIS AGREEMENT, made and entered into this / ----day of )74.A.
1987, by and between WILLIAM G. JACKSON, hereinafter referred to as "OWN R", 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";
WITNESSETH
WHEREAS, OWNER desires to construct non-standard improvements in the
public right-of-way adjacent to 1804 South Bay Front, Balboa Island, in said
City; and
WHEREAS, CITY desires to condition approval of construction of said
non-standard improvements in said public street; 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:
I. It is mutually agreed that "non-standard improvements" shall be
defined as a brick planter, not exceeding twenty (20) inches in height, and
encroaching no more than 6.5 feet into the public right-of-way adjacent to 1804
South Bay Front.
II. 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.
CITY will further allow OWNER to take all reasonable measures necessary or con-
venient in accomplishing the aforesaid activities.
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III. OWNER and CITY further agree as follows:
A. OWNER shall maintain the aforesaid non-standard 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 OWNER to maintain, replace or repair any
CITY -owned pipeline, conduit or cable located in or under said non-standard
improvements.
B. Should CITY be required to enter onto said public right-of-way
to exercise its rights, including, but not limited to, the maintenance, removal,
repair, renewal, replacement or enlargement of the existing or future facili-
ties, CITY may remove portions of the non-standard improvements, as required,
and in such event:
1. CITY shall notify OWNER of its intention to accomplish such
work, if an emergency situation does not exist.
2. OWNER shall be responsible for arranging for any renewal or
restoration of the non-standard improvements affected by such work by CITY;
3. OWNER agrees to pay all costs for renewal or restoration of
the non-standard improvements.
C. OWNER agrees to indemnify and hold harmless, its officers,
agents and employees, from any and 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.
IV. OWNER agrees that this Agreement shall remain in full force
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and effect from execution thereof; shall be binding upon the heirs, successors,
and assigns of OWNER's interest in the land whether fee or otherwise.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed on the day and year first above written.
APPRED AS TO FORM:
Atto
CITY OF NEWPORT BEACH,
a Municipal Corporation
By 1)Q ((4,2 C(!,
City Manager
WILLIAM G. JACKSON, OWNER
AT
S T :,
STATE OF CALIFORNIA) ) s s .
COUNTY OF 'RAN )
By,
Title
4pog
if4 As
0 efore me, the ndersigned, a / ar
Public it a'd fo y said State, personally appeared
, known to me (or proved to me on t'e bas of
satisfactory evidence) to be the person(s) described in, and whose ..me(s) is
(are) subscribed to the within instrument and acknowledged that he/she executed
the same.
OFFICIAL SEAL
DANA L. PERIS!
Ni; . AR'{ PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Exp. July 11, 19&9
Notary Public in and for said State
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