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HomeMy WebLinkAboutC-4696 - Agreement for Non-Standard Improvements (for 3317 Ocean Boulevard)RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk/J '` City of Newport Belch Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92658-8915 EXEMPT RECORDING REQtl, PER GOVERNMENT CODE 6103 EXEMPT C14 89-318832 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 3:00 J U N 1 6 1989 P.M. c?; _ a. C743AcwARECORDER Space above this line for Recorder's use only. AGREEMENT FOR NON-STANDARD IMPROVEMENTS THIS AGREEMENT is made and entered into this 3/314- day of 4 RECEIVED .9JN 30 1989 r= «m, CLERK CM NEWPORTeEAa < / , 1989, by and between Worth T. Probst whose mailing address is 311 Goldenrod Avenue, Corona del Mar, California, 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 improvements (hereafter "non-standard improvements") within the Parkway (hereafter "EASEMENT") adjacent to Lot 2, Tract 1257 as per map filed in Book 38, Page 25 of Maps, Records of Orange County, California; also known as 3317 Ocean Boulevard, Corona del Mar, California; hereafter referred to as "RESIDENCE"; and WHEREAS, said improvements may interfere with CITY's ability to construct, operate, maintain, and replace CITY facilities within EASEMENT; and WHEREAS, CITY desires to condition approval of construction of said non-standard improvements within EASEMENT; 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 the mutual promises, the parties hereto agree as follows: 1. It is mutually agreed that "non-standard improvements" shall be defined as small retaining walls, planter, stairs and patio encroaching no more than 27 feet into said Ocean Boulevard as shown on Exhibit "A" (consisting of 2 pages); and any additional landscaping or improvements other than ground cover or standard concete patio or flatwork at grade. 1 of 3 rz 89.318832 2. CITY w. i allow OWNER to construct, rec ;truct, install, maintain, use, operate, repair and replace said non-standard improvements and all facili- ties and appurtances necessary and incidental thereto, over CITY's facilities, all in substantial conformance with plans and specifications therefor 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. OWNER may construct and install non-standard improvements and all facilities and appurtenances necessary and incidental thereto, in substan- tial conformance with plans and specifications therefor on file in the CITY's Public Works Department, and as described on Exhibit "A" hereto attached. Trees or other deep root growths are specifically excluded from the definition of non- standard improvements and shall not be planted in or on the EASEMENT under any circumstances whatsoever. b. 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 sonstrued to required OWNER to maintain, replace or repair any CITY -owned pipeline, conduit or cable located in or under said non-standard 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 or future facilities, CITY may remove portions of the non-standard improvements, as required, 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; (iii) CITY agrees to bear the portion of the costs of any removal of the non-standard improvements. (iv) OWNER agrees to pay all costs for renewal or restoration of the non-standard improvements. 2 of 3 89=318832 d. OWNER shall indemnify and hold harmless (ATY, its City Council, boards and commissions, officers and employees from and 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 or renewal of the non-standard improvements. 4. 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 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: By ity Attorney ATTEST: STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On in and for d"e State, wn,to m- to bp, t City of Newport Beach, to the within instrument, CITY OF NEWPORT BEACH, a Municipal Corporation By Mayor By d&-ev Worth T. Probst 7 , 1981', before me, th- der d, a Not Public personally appeared 1%`wGtQ .,eu-c-Q-dd "ayor o the City of Newport Beach and , known to me to be the City Clerk of the III '2'1, SEAL r'� LER CRNIA d,R,V. CCL.,:JiY My Comm. E4ire: J.-A. 16, 1993 n to me to be the persons whose names are subscribed and acknowledged to me that they executed the same. d and STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) official seal. OFFICIAL SEAL SHAUNA LYN OYLER NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My Comm. Exaires Jan. 16, 1993 On (7?CLLJ 3/ , 1987, before me, the undersigned, a Notary Public in and for said State, personally appeared i .i o,^--J1 T- f t obS-{- --- , 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 M. EILEEN FARRELL Notary Public-Califomia ORANGE COUNTY My Comm. Exp. Oct 10, t992 Notary Public in and for said State 3 of 3 Y 89=3I8832 a• 1/ 0 2 0 a v Z 'ti UI � e J 4 IL J 1t[ a3 u 11 ( I °-3 - D a n u1 "Z. z of z v 5 1s`D� �zoZ`_ q Q V og A\ UI 3 _ t >?1 I-d- i11 I- z� j I - n.4( 11.11 1� J _ .` EXH IB IT lI ^ N PAGE 2, 89=3I8832 war-i` Per ThININ� T' VV?-I/ NG APPI-1AT I oN z � J _ kai g 0 1 of-01 rAs(/14-- 12 ex 1971146 plzivE•WAY "16: yo Tv!, P 0. 00'TyJ to. j Tv Sao. 00 I � I 15 PU6�.tC R/W OcEI414 $LVD. ! 1 � I ��. 10 FI.AIT,z Oa- PO xiflOo MGT F