HomeMy WebLinkAboutC-4613 - Agreement for Non-Standard Improvements (for 1620 Kings Road)•89-575366
RECORDING REQUESTED BY 'IND
WHEN RECORDED RETURN TO:
City Clerk Ae` Vt >L -
City of Ne p t/Bea
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658-8915
$11 00
C14
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
3:00 OCT 2 5 1989
P.M.
0.7 RECORDER
address
Space above this line for Recorder's use only.
AGREEMENT FOR NON-STANDARD IMPROVEMENTS
HIS AGREEMENT is made and entered into this 25 y of
1989, by and between Donna McHone Ruzicka, whose mailing
is 1620 Kings Road, 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 ITNESSET H:
WHEREAS, OWNER desires to construct certain improvements (hereafter
"non-standard improvements") within the Parkway (hereafter "EASEMENT") adjacent
to Lot 12, Tract 1221 as per map filed in Book 41, Page 11 of Maps, Records of
Orange County, California; also known as 1620 Kings Road, Newport Beach,
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 retaining walls, planters and stairs, no more than 2 feet in height
(measured from the top of the adjacent curb), and encroaching no more than 4
feet into said Kings Road as shown on Exhibit "A".
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2. CITY will a Jw OWNER to construct, reconstr 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 shal. indemnify and hold harmless CI1r, 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
as 1
.City Attorne
ATTEST:
City Cler
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANG
OWNER
CITY OF NEWPORT BEACH,
a Municipal Corporation
By
Mayor
Donna Mc o e 'uzic a
On 25 , 198r, before me the si ned Notary Public
in and for t e a e, personally appeared u /r.� ,
known to me be the �M or of the City of Newport Beach and
(k-i f- a , known to me to be the City Clerk of the
City of Newport Beach, k 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 .r said tate
,. 0 ' ' CIAL SEAL
• z _sfrrrf ' *:, SHAUNA LYN OYLER
4 E' y'•` NOTARY PUBLIC • CALIFORNIA
Vi�, ORANGE COUNTY
,,;; ^ r i�r Comm. Expres Jan. 16,1993
On I ' I / 198% before me, undersigned,/a Notar Publi
in and for sal tate, personally appeared Q'hjy26..,V%
, known to me (or proved to me on the bassof
satisfactory evidence) to be the person whose name(s) is (are) subscribed to
the within instrument and acknowledge • y� t he/sxecuted the ame.
OFFICIAL SEAL
SHAUNA LYN OYIER
NOTARY PUBUC . CALIFORNIA
ORANGE COUNTY
My Comm. Expires Jan. 16. 1993
Notary Pu • l i c in an. ;'or sal • /a e
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