HomeMy WebLinkAboutC-4715 - Agreement for Non-Standard Impovements (for 2000 East Ocean Front)90= 305339 OF ORANGE COUNTY, CALIFORNIA
RECORDING REQUESTEL Y AND
WHEN RECORDED RETURN TO:
City C1erk/( r- A
City of Newport Bach $15.00
C1O I
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
4
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PM JUN 81990
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RECORDER
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JUN 19
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CRY CLERK
CITY OF
AGREEMENT FOR NON-STANIXEMTBMPROVEMENTS
THIS AGREEMENT is made and entered into this C/ day of
1990, by and between BRUCE KARATZ, whose
mailingaddressis 2000 E. Ocean Front, 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";
W I T N E S S E T H:
WHEREAS, OWNER desires to construct certain non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within the L
Street and the alley public right-of-way (hereinafter "RIGHT-OF-
WAY") that is located adjacent to property owned by OWNER; and said
oroperty owned by OWNER is described as Lot 1, Block D, Tract 518
as per map recorded in Book 17, Page 33 of Maps, Records of Orange
County, California; and
WHEREAS, said PERMITTED IMPROVEMENTS may interfere with CITY's
ability to construct, operate, maintain, and replace CITY
facilities and improvements within RIGHT-OF-WAY; and
WHEREAS, CITY desires to condition approval of construction of
PERMITTED IMPROVEMENTS within RIGHT-OF-WAY to insure the RIGHT-OF-
WAY is reserved for public use or open space and that the RIGHTS -
OF -WAY are not diminished by the installation of the PERMITTED
IMPROVEMENTS; 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 PERMITTED IMPROVEMENTS;
NOW, THEREFORE, in consideration of the mutual promises, the
parties hereto agree as follows:
1. It is mutually agreed that RIGHT-OF-WAY is defined as the
alley that is adjacent to said Lot 1, Block D, Tract 518, the
complete intersection of L Street with said alley, and the L-Street
1
end between the alley and beach as shown on Exhibit "A" attached
hereto; and PERMITTED IMPROVEMENTS shall be defined as brick
pavement constructed over a minimum of six inches of portland
cement concrete pavement, landscaping irrigation system, and
limestone and concrete walkway in RIGHT-OF-WAY.
2. CITY will allow OWNER to construct, reconstruct, install,
maintain, use, operate, repair and replace said PERMITTED
IMPROVEMENTS and appurtenances incidental thereto, within a portion
of RIGHT-OF-WAY, all in substantial conformance with plans and
specifications on file in the CITY. 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. It is mutually understood that the rights granted
herein are non-exclusive, and the public is not to be excluded from
any portion of said RIGHT-OF-WAY.
b. OWNERS may construct and install PERMITTED
IMPROVEMENTS and appurtenances incidental thereto, in substantial
conformance with plans and specifications therefor on file in the
CITY's Public Works Department, and as described on Exhibit "A"
hereto attached.
c. OWNER shall maintain the PERMITTED IMPROVEMENTS 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 OWNERS to maintain, replace or
repair any CITY -owned pipeline, conduit or cable located in or
under said PERMITTED IMPROVEMENTS, except as otherwise provided
herein.
d. If City or other public facilities or improvements
are damaged by the installation or presence of PERMITTED
IMPROVEMENTS, OWNER shall be responsible for the cost of repairs.
e. That should CITY be required to enter onto said
RIGHT-OF-WAY to exercise its primary rights associated with said
RIGHT-OF-WAY, including but not limited to, the maintenance,
removal, repair, renewal, replacement or enlargement of existing or
future public facilities or improvements, CITY may remove portions
of the PERMITTED IMPROVEMENTS, as required, and in such event:
2
(i) CITY shall notify OWNER of its intention to
accomplish such work, if any emergency situation does not exist.
(ii) OWNER shall be responsible for arranging for
any renewal or restoration of the PERMITTED IMPROVEMENTS
affected by such work by CITY;
(iii) CITY agrees to bear only the cost of any
removal of the PERMITTED IMPROVEMENTS affected by such work by
CITY;
(iv) OWNER agrees to pay all costs for renewal or
restoration of the PERMITTED IMPROVEMENTS.
4. OWNER shall indemnify and hold harmless CITY, its City
Council, boards and commissions, officers and employees from and
against any and all loss, damage, liability, claims, suits, costs
and expenses whatsoever, including reasonable attorneys' fees (when
outside attorneys are so utilized), regardless of the merit or
outcome of any such claim or suit arising from or in any manner
connected with the design, construction, maintenance, or continued
existence of the PERMITTED IMPROVEMENTS.
5. 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 OWNERS'
interest in the land whether fee or otherwise, 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.
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:
By:
City Attdrney
ATTEST:
3
CITY OF NEWPORT BEACH,
a Municipal corporation
By:
OWNER
By:
Bruce Karatz
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE
On691 , 1990, before me, the undersigned, a
Notary Public i and for the State, personally appeared
Ruthelyn Plummer, known to me to be the Mayor of the City of
Newport Beach and Wanda E. Raggio, 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.
SHAUNA LYN OYLER
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My Comm. Expires Jan. 16. 19'n
and official sa
Notary Public in g nd fo F' said State
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
On 7 ( , 1990, before me, the undersigned, a
tary Public G(9 n and for the State, personally appeared
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(,{ e ' XVc:ra , known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to
the within instruction and acknowl aged that he executed the same.
NEC SEAL
i
SHAUNA LYN OYLER
NOTARY PUBLIC - CALIFORNIA
•` ORANGE COUNTY
My Comm. Expires Jan. 16. 1993 1(
Notary Public i and fo said State
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