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.
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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.
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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
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