HomeMy WebLinkAboutC-4592 - Agreement for Non-Standard Improvements (for 33 Bodega Bay Drive)89-511229
RECORDING REQUESTED BY ANu
WHEN RECORDED RETURN TO:
City Clerk/i/7(larlt
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658-8915
C7
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
11: 30 OCT 2 6 1989
A.M.
a.. `i RECORDER
Spate -above this---Tine-forRecorder's use only.
AGREEMENT FOR NON-STANDARD IMPROVEMENTS
THIS AGREEMENT is made and entered into this &/.p day
, 1989, by and between Robert C. McClean whose mailing
33 Bodega' Bay Drive, 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";
4
RECEIVED
NOV 15 1989
W ITNESSET H:
c lm LCITY OF
._
REV/PORT BEACH /-.
WHEREAS, OWNER desires to construct certain improvements (hereafter
"non-standard improvements") within the Parkway (hereafter "EASEMENT") adjacent
5
to Lot:203 Tract 7844 as per map filed in Book 314, Page 33 of Maps, Records of
Orange County, California; also known as 33 Bodega Bay Drive, 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 raised planters, pilasters and steps, not exceeding 3 feet in height
(measured from the top of the nearest adjacent public sidewalk) and not
encroaching more than 3.50 feet into said Bodega Bay Drive as shown on Exhibit
"A"; and any additional landscaping or improvements other than ground cover or
standard concete patio or flatwork at grade.
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2. CITY will allow OWNER to construct, reconstruct, 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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89»STf229
d. OWNER shall indemnify and hold harmless CITY, 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.
APPROVER'S TO FORM:
By
ty Attorney
ATTEST:
City Cler
STATE OF CALIFORNIA )
) ss.
COUNTY OF 0 GE )
0�/ 3/ , 19
in and for personally
known to �e.}ie ��, or, of
OWNER
CITY OF NEWPORT BEACH,
a Municipal Corporation
By -
By
Mayor
Robert C. McClean
under
ch an
o me to be the y Clerk of the
Ci o Newport Bea %y% to me to e persons who - ames are subscribed
to the within in rument, and ackna" edged to me tha hey executed the same.
a NPublic
WITNESS my hand and official seal.
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
Notary Public in an
or: sal 'i State
OFFICIAL SEAL
SHAUNA LYN OYLER
NOTARY PUBUC • CALIFORNIA
ORANGE COUNTY
My Comm. Expires Jan. 16,1993
0 , 1989, before me, the undersigned, a Notary Publi
in and for i S te, personally appeared ) J. 2L7-' "ZE4V
, known to me (or proved to me on the basis of
satisfactory evidence) to be the person (-s-) whose name(-&) is (-al..) subscribed to
the within instrument and acknowledg, that he/she ex cut the same.
OFFICIAL SEAL
MELINDA L. EHRHART
NOTARYGRANGE COUNTY
PUBLIC-CALIFORNIA
My ComnU$S On exp. June 11.1990
4/ _A, A4O,V.Z
otary Public i an or said State
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c.
A!I AV8 v03009
)`•
PROP TY LIN
STATE OF CALIFORNIA,
COUNTY OF
Orange
On thiz3/-s-day of
Notary Public in and f
to me to be the Mayor
me to be the City Clerk
who executed the within
acknowledged to me that
ri
ss.
0
0
0
89-5T(22,
1
d EXHIBIT "A"
• %I
—14:4
5
, in the year/9? befo
\t0 saTdStte, personally appeare
the Ci y of Newport Beach an a
of the City of Newport Beach and known to me to
instrument on behalf of said governmental agency,
such governmental agency executed the same.
WITNESS my hand and official seal.
undersigned a
known
, known to
the persons
and
Notary Public in and for said
ate.
SHAUNA LYN OYLER
NOTARY PUBUC • CALIFORNIA
ORANGE COUNTY
My Comm Ex:Are:Jan. 16. 1993