HomeMy WebLinkAboutC-4528 - Agreement for Non-Standard Impovements (for 1702 South Bay Front)RECORDING REQUESTED BY AND
WHEN RECORDED RETURN T0:
EXEMPI RECORDING REQUEST PEN
GOVERNMENT CODE 6103
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City Clerk /+ 7)`
City of Newport Beach'
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658-8915
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LL°bfiSON
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RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
2:30 JAN 9 1989
P.M.
a C/ RRECORDER
Space above this line for Recorder's use only.
AGREEMENT FOR NON-STANDARD IMPROVEMENTS
THIS AGREEMENT, made and entered into this /rl day of DCCt-'"+,
1988, by and between GARY P. WILDER AND RITA J. WILDER, husband and wife, as
joint tenants, hereinafter referred to as "OWNERS," 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, OWNERS own a parcel of real property located in the City of
Newport Beach, County of Orange, State of California, described as follows:
Lot 2 and the westerly one-half of Lot 3, Block 3, Section 5, Balboa
Island, as per map recorded in Book 8, Page 9 of Miscellaneous Maps, in
the office of the county recorder of said county."
Said parcel of real property is commonly known as 1702 South Bay Front,
Balboa Island, California; and said parcel is identified on the 1988-89
City/District Parcel List of the County Accessor of said Orange County
as Parcel No. 050-183-11; and
WHEREAS, OWNERS desire to construct certain improvements (hereafter
"non-standard improvements") within the public right of way of South Bay Front,
a public street; and
WHEREAS, said improvements may interfere with CITY's ability to
construct, operate, maintain, and replace CITY facilities within said
RIGHTS -OF -WAY; and
WHEREAS, CITY desires to condition approval of construction of said
non-standard improvements within said RIGHTS -OF -WAY; and
Page 1 of 3
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RECEIVED
FEB 6 1989
CITY CLERK h
CITY OF
FWPORT BEACH
.�. UJ_U I i .,l" -r
WHEREAS, the p?''ies hereto desire to execute an reement providing
for fulfillment of the conditions required by CITY to permit OWNERS to construct
said non-standard improvements;
NOW, THEREFORE, in consideration of their mutual promises, the parties
hereto agree as follows:
1. It is mutually agreed that for the purposes of this agreement, that
"non-standard improvements" shall be defined as a fence 1.5 feet in height with
pilasters not to exceed 3 feet in height, and non-standard pavement; all
encroaching 7 feet 7 inches into the public right-of-way of South Bay Front
adjacent to said parcel of property. All heights shall be measured from the top
of the adjacent public sidewalk.
2. CITY will allow OWNERS to construct, reconstruct, install, maintain,
use, operate, repair and replace non-standard improvements and all facilities
and appurtenances necessary and incidental thereto, over CITY's facilities,
all in substantial conformance with plans therefor on file in the CITY's Public
Works Department and as shown on Exhibit "A" hereto attached. CITY will further
allow OWNERS to take all reasonable measures necessary or convenient in
accomplishing the aforesaid activities.
3. OWNERS and CITY further agree as follows:
a. OWNERS may construct and install non-standard improvements and
all facilities and appurtenances necessary and incidental thereto, in substan-
tial conformance with Exhibit "A" hereto attached.
b. OWNERS 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.
c. That should CITY be required to enter onto said RIGHTS -OF -WAY
owned by CITY to exercise its primary rights associated with said RIGHTS -OF -WAY,
including, but not limited to, the maintenance, removal, repair, renewal, replace-
ment or enlargement of the existing or future facilities, CITY may remove por-
tions of the non-standard improvements, as required, and in such event:
1. CITY shall notify OWNERS of its intention to accomplish such
work, if an emergency situation does not exist.
2. OWNERS shall be responsible for arranging for any renewal or
restoration of the non-standard improvements affected by such work by CITY;
3. OWNERS agrees to bear the portion of the cost of any removal
of the non-standard improvements.
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4. OWNERS agree to pay all costs for renewal or restoration of
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the non-standard improvements.
d. OWNERS 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 attorney's 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. OWNERS agrees that this Agreement shall remain in full force and
effect from execution thereof; shall be binding upon the heirs, successors, and
assigns of OWNER'S interest in the land whether fee or otherwise.
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:
(.01---Q
City Attorney
CITY OF NEWPORT BEACH,
a Municipal Corporation
By L„,L44�
Mayor
OWNER' :
Gary'. Wilse /
, \k\,,
\\N\IA )\,\N
Rita J. Wilder
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
On , 1988, before me, the und9.rsigned, a Notary
Public in and for said State, personally appeared 4;.c: ,-,.((„: ( C i..:- L -.�•. _.
, known to me to by the Mayor of the City of Newport
Beach and t�:,.,`�t.:_ , known to me to be the City Clerk of the
City of Newport Beach, known tdime to be the persons whose names are subscribed
to the within instrument, and acknowledged to me that they executed the same.
OFFICI y
DOROTH FSS r tt 1
NOTARY PUHLIC • CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Exp. Apr. 5, 1589
STATE OF CALIFORNIA
hand and official seal.
)
ss.
COUNTY OF ORANGE )
Notary Public* and for said State
On I)(t M,C 1`1 1988, before me, the undersigned, a Notary Public in
and for said State, personally appeared 1>..Atj.)I742.. V.I-IA\ , `twS ram'? " >>
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
DEON FICKER
NOTARY PON.IC-CALIFORNIA
PRiNC!P I. O FICE IN
ORANGE COUNTY
My Commission Expires Sept. 16, 1991
/ �?
Notary Public in and for said State
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