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Home My WebLink AboutC-4700 - Agreement for Non-Standard Improvements (for 1023 East Balboa Boulevard)RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk /ZT /). City of Newjort Bach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 90=305340 evto $13.00 C10.. RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA P m JUN 8 1990 �2e� l_Q. K `� RECORDER Space above this line for Recorder's use only AGREEMENT FOR NON-STANDARD IMPROVEMENTS THIS AGREEMENT is made and entered into this a-2 day of ROY BATELLI, whose mailing ✓address is 1023 E. Balboa Boulevard, 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 owns Lot 12, Block 16, East Side Addition to the Balboa Tract, as per map recorded in Book 4, Page 20 of Miscellaneous Maps, Records of Orange County, California), and OWNER desires to construct certain „on -standard improvements (hereinafter "PERMITTED IMPROVEMENTS") adjacent to his property within the public right-of-way of Ocean Front (30 feet in width) (shown on said map of East Side Addition to the Balboa Tract as Surf Avenue, 30 feet in width) (hereinafter "RIGHT-OF-WAY"); 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 that RIGHT-OF- WAY is reserved for public use or open space and that the rights of the public in RIGHT-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; 1990, by and between 1 NOW, THEREFOR in consideration of the '=ual promises, the parties hereto agree as follows: 1. It is mutually agreed that RIGHT-OF-WAY is defined as Ocean Front (30 feet in width), adjacent to Lot 12, Block 16, said East Side Addition to The Balboa Tract; and PERMITTED IMPROVEMENTS shall be defined as portland cement concrete sidewalk, brick pavement, or stamped concrete pavement in RIGHT-OF-WAY as shown on EXHIBIT "A" attached hereto. 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 2 STATE OF CALIFORNIA ss: COUNTY OF ORANGE On , 1990, before me, the undersigned, a Notary Public in 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. WITNESS my hand and official seal. STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE Notary Public in and for said State On �2 .3d , 1990, before me, the undersigned, a � ry ub is in and for the State, personally appeared 4,244, known to me (or proved to me on the basis of sat actory evidence) to be the person whose name is subscribed to the within instruction and acknowledged that he executed the same. OFFICIAL, SEAL SHAUNA LYN OYLER NOTARY PUBLIC • CALIFORNIA ORANGE COUNTY kV Comm. Exairos Jan. 16.1993 Notary Public in an for sd State 4 future public faci ties or improvements, CITY" lay remove portions of the PERMITTED IMPROVEMENTS, as required, and in such event: (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 Attor ATTEST: 3 CITY OF NEWPORT BEACH, a Municipal corporation By: OWNER By: STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE On ;2 , 1990, before me, the undersigned, a Notary Public 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. OFFIC SEAL SHAUNA LYN OYLER NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY a ' My Comm_ Exires J:n. 13. 19D3 11, STATE OF CALIFORNIA COUNTY OF ORANGE d official ss: Notary Public in (nd for, On ,36 , 1990, before me, the undersigned, a ry ub is in and for the State, personally appeared 4,...4� , known to me (or proved to me on the basis of sat actory evidence) to be the person whose name is subscribed to the within instruction and acknowledged that he executed the same. OFFICIAL SEAL SHAUNA LYN OYLER NOTARY PUBLIC • CALIFORNIA ORANGE COUNTY *comm. Expires Jan. 16.1993 Notary Public in an•/ or sd State 4 107718 LOCATION - 2C-3 C-1CJC-1I 1 9 C 3 C.�7 U C_1tOtAt o BBCBOG P/R P/L -\ P /L p /L <, PUBLIC n 1,1w VICINITY MAP EAST BALBOA BLVD ENCROACHMENT 7.5' INTO PUBLIC R/W E.P. 90-120 APPLICANT: ROY BATELLI 1023 E. BALBOA BLVD CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT EP 90-120 1023 E. BALBOA BLVD NO SCALE DRAWN JW DATE 4/18/90 APPROVED PUBLIC WORKS DIRECTOR R.E. NO DRAWING NO. EXHIBIT"°A"