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Home My WebLink AboutC-4798 - Agreement for Non-Standard Improvements (for 505 36th Street)90-190233 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY CLERK ,/ ft CITY OF NEW RT B CH 3300 NEWPORT BOULEVARD P.O. BOX 1768 NEWPORT BEACH, CA 92658-8915 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA -239PM APR11'90 421/4,h RECORDER Space above this line for Recorder's use only. AGREEMENT FOR NON-STANDARD IMPROVEMENTS TRACT 4 RF ,EI\E0 APR 24 1990 CITY C IERK CITY OF NEWPORT BEACH THIS AGREEMENT, made and entered into this 13th day of FEBRUARY , 1989 , by and between FREDERICK F. GOUGH whose mailing address is 505 36th ST. Newport Beach, California, 92663, 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"; WITNESSETH WHEREAS, OWNER has allowed to be constructed certain improvements (hereinafter "nonstandard improvements") within the public right-of-way adjacent to OWNER's property, Lot 3 , Block 536 , of Canal Section as shown in Book 4, Page 98, of Miscellaneous Maps and Records of Orange County, California, with street address known as 505 36th ST., NEWPORT BEACH, CA 92663 ; and WHEREAS, said non-standard improvements may interfere with CITY'S ability to construct, operate, maintain, and replace CITY facilities within the public right-of-way; and WHEREAS, said improvements may interfere with the general public's ability to freely use the public right-of-way for its intended use; and WHEREAS, CITY desires to condition approval of said non- standard improvements to remain; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to 1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY CLERK CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD P.O. BOX 1768 NEWPORT BEACH, CA 92658-8915 Space above this line for Recorder's use only. AGREEMENT FOR NON-STANDARD IMPROVEMENTS TRACT THIS AGREEMENT, made and entered into this 13th day of FEBRUARY , 1989 , by and between FREDERICK F. GOUGH whose mailing address is 505 36th ST. Newport Beach, California, 92663, 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"; WITNESSETH WHEREAS, OWNER has allowed to be constructed certain improvements (hereinafter "nonstandard improvements") within the public right-of-way adjacent to OWNER's property, Lot 3 , Block 536 , of Canal Section as shown in Book 4, Page 98, of Miscellaneous Maps and Records of Orange County, California, with street address known as 505 36th ST., NEWPORT BEACH, CA 92663 ; and WHEREAS, said non-standard improvements may interfere with CITY'S ability to construct, operate, maintain, and replace CITY facilities within the public right-of-way; and WHEREAS, said improvements may interfere with the general public's ability to freely use the public right-of-way for its intended use; and WHEREAS, CITY desires to condition approval of said non- standard improvements to remain; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to fi- ( permit OWNER to permit said non-standard improvements to remain within the public right-of-way; and NOW, THEREFORE, in consideration of their mutual interests, the parties hereto agree as follows: 1. It is mutually agreed that the non-standard improvements and appurtenances within the public right-of-way adjacent to OWNER's property are defined in Exhibit A which is attached hereto and incorporated herein by this reference. 2. OWNER shall maintain the non-standard improvements in accordance with general prevailing standards of maintenance and in conformance with plans and specifications to be approved by City Building and Public Works Department and shall 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 the non- standard improvements. 3. CITY and OWNER agree that the non-standard improvements shall be removed from the public right-of-way if either of the following occur: a. The City Council determines that it is in the best interests of the public to have the non-standard improvements removed from the public right-of-way; or b. The CITY is required to enter into the Public right- of-way owned by CITY to exercise its primary rights associated with the public right-of-way, including, but not limited to the maintenance, removal, repair, renewal, replacement or enlargement of the existing or future facilities. 4. The following is the procedure to be followed if removal of the non-standard improvements is required: (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; (iii) CITY agrees to bear the portion of the costs solely allocated to any removal of the non-standard improvements. (iv) OWNER agrees to pay all costs for renewal, restoration or replacement of the non-standard improvements. 5. OWNER shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and 2 against any and all loss, damages, 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, repair or renewal of the non-standard improvements and use of the public right-of-way for non-standard improvements. 6. OWNER shall furnish CITY with certificate of liability insurance on or before the commencement of the term of this Agreement showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with minimum coverage as shown below. Said insurance shall cover all loss, damage, liability, claims, suits, costs and expenses arising from or in any manner connected to the construction, use, maintenance, repair or renewal of the non- standard improvements, use of said public right-of-way for non- standard improvements and all responsibilities of OWNER under this Agreement. It is agreed that OWNER shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to CITY and licensed to do insurance in the State of California. Minimum Liability Insurance Coverage Comprehensive general coverage that has a minimum liability limit of $500,000. OWNER agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general liability insurance, that OWNER shall look solely to its insurance for recovery. OWNER hereby grants CITY, on behalf of any insurer providing comprehensive general liability insurance to either OWNER or CITY with respect to the services of OWNER herein, a waiver of any right of subrogation which any such insurer of said OWNER may acquire against CITY by virtue of the payment of any loss under such insurance. 7. OWNER agrees that this Agreement shall remain in full force and effect from execution thereof; shall run with the land; shall be binding upon the heirs, successors, and assigns of OWNER's interest in the land whether fee or otherwise, and shall 3 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; City Clerk( 4 CITY OF NEWPORT BEACH, a municipal corporation By: OWNER: STATE OF CALIFORNIA ) ss. On [aAi - c20 , t -8,8-, before me, the unders' ed, a otary in and for the State, personally appeared ,) wn to me o be the Mayor of the ity of N ort Beach and A-C., J , known to me to be the City Clerk of the City o 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. COUNTY OF ORANGE OFFICIAL SEAL SHAUNA LYN OYLER NOTARY PUBLIC • CALIFORNIA ORANGE COUNTY My Comm. Expires Jan. 16,1993 STATE OF CALIFORNIA ) COUNTY OF ORANGE official seal ss. Notary Public in and' or sari State 89 On February 13 , 1912, before me, the undersigned, a Notary Public in and for said State, personally appeared Frederick F. Gough and , 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 instrument and acknowledged that he/she executed the same. OFFICIAL SEAL JUNE I JOHNSON NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm. expires MAR 31, 1992 WITNESS my hand and official seal. ary Public "a 5 EXHIBIT A Description of nonstandard improvements within the public right—of—way: Grouted brick driveway and grouted brick sidewalk. 1.ocat i on o EncrogchmentA : Grouted brick driveway and grouted brick sidewalk encroach 4.5' into right—of—way joining existing P.C.C. curb and gutter. The limits of the encroaching brick riveway and sidewalk is from the N'ly projected lot line to the S'ly projected lot line of said property. PROJECTED LOT LINE w z -J F- O J 505 PUBLIC RIGHT-OF-WAY r BACK OF CURB T T_ r fLILJ _ 1� PROJECTED LOT LINE _E_E LI11=L_ ____i_ BRICK DRIVEWAY AND SIDEWALK EXISTING P.C.C. CURB AND GUTTER 36TH STREET