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HomeMy WebLinkAboutC-4310 - Encroachment Agreement (for 700 West Coast Highway)Wtutve� 11 88-378555. RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk f f ? ' In; City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 i ° �` ii� '3.�`8'�i::iw�i�k i o J € IMPT RECORDING REQUEST PER GD ERNMEN 4 CODE 6103 Space above RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA -1 is PM AUG 3 '88 COUNTY RECORDER 4 RECEIVED JULta!1r 28 1981 cam CLfJtK is vine for Recorder's use only. 7 i' ENCROACHMENT AGREEMENT THIS AGREEMENT is made and entered into this day of , 1988, by and between McDONALD'S CORPORATION d/b/a A Delaware One McDonald's Plaza, Oak Brook, cDonal s Corporation, whose address is/88440-Carr1-e-D"r4ve3-Ski-ite--300T-Saxe Illinois 60521 Drege7-E-a4i#erfti-a-924-2-3, hereinafter referred to as "McDONALD'S," and the CITY OF NEWPORT BEACH, a municipal corporation, organized and existing under .:nd virtue of its Charter and the Constitution and the laws of the Staf:eo California, hereinafter referred to as "CITY"; WITNESSET H: WHEREAS, McDONALD'S desires to construct certain "non-standa ments" (hereafter referred to as "improvements") within a 12-foot-wide CITY easement for street and highway purposes (hereafter "EASEMENT") crossing Lots 18-23 of Tract 1210 as said lot is shown on a map filed in Book 41, Pages 45 and also known as 46 of Miscellaneous Maps, Records of Orange County, California; 700 West Coast Highway, Newport Beach, California; WHEREAS, CITY's Circulation Element of the General Plan provides for West Coast Highway to be widened by twelve (12) feet on the inland side across the frontage of the McDONALD'S property; and WHEREAS, CITY and/or State of California does not anticipate that said widening will occur prior to March 1, 1993; and WHEREAS, said improvements will interfere with CITY's and/or State of California's ability to widen West Coast Highway by twelve (12) feet and construct, operate, maintain, and replace CITY facilities within EASEMENT; and WHEREAS, CITY desires to condition approval of construction of said improvements within EASEMENT; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit McDONALD'S to 1 of 4 construct and utilize said improvements until such time as CITY and/or State of California widens West Coast Highway into the EASEMENT area; NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: 1. It is mutually agreed that "improvements" shall be defined as curbs, planters, railing and pavement within the EASEMENT as shown on Exhibit "A"; and any additional landscaping or improvements other than ground cover or standard concrete patio or walk flatwork. 2. CITY will allow McDONALD'S to construct, reconstruct, install, maintain, use, operate, repair and replace said improvements and all facilities and appurtenances necessary and incidental thereto, over CITY's EASEMENT, all in substantial conformance with plans and specifictions therefor on file in the CITY. CITY will further allow McDONALD'S to take all reasonable measures necessary or convenient in accomplishing the aforesaid activities. 3. McDONALD'S and CITY further agree as follows: a. McDONALD'S may construct and install improvements and all faci- lities and appurtenances necessary and incidental thereto, in substantial con- formance with plans and specifications therefor on file in the CITY's Public Works Department, and as described on Exhibit "A" hereto attached. b. McDONALD'S shall maintain the aforesaid improvements and faci- lities 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 EASEMENT owned by CITY to exercise its primary rights associated with said EASEMENT, to construct street and highway improvements, CITY may remove portions of the improvements, as required, and in such event: (i) CITY shall give McDONALD'S six (6) months' notice of its intention to accomplish such work. (ii) McDONALD'S shall be responsible for arranging for any re- model, renewal or restoration of restaurant and parking lot affected by such work by CITY; (iii) CITY agrees to bear the costs of any removal of the non - improvements within EASEMENT. (iv) CITY agrees to pay a pro rata share of the initial construction costs for restaurant remodeling and parking lot modifications if 2 of 4 CITY utilizes EASEMENT prior to March 1, 1993. The prorated cost shall be based on initial construction costs of $150,000. The CITY's total costs for complete removal of all improvements shall be $150,000 for removal from execution of this Agreement until March 1, 1989; $120,000 for removal from March 2, 1989, to March 1, 1990; $90,000 for removal from March 2, 1990 to March 1, 1991; $60,000 for removal from March 2, 1991 to March 1, 1992; and $30,000 for remo- val from March 2, 1992 to March 1, 1993, and nothing thereafter. d. McDONALD's shall have the right to utilize the dedicated prop- erty until receipt of Noitice of Intent to accomplish such work under Paragraph No. 3 C (i) from City or State. e. McDONALD'S shall indemnify and hold harmless CITY, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to the construction, use, maintenance or renewal of the non-standard improvements. 4. McDONALD'S agrees that this Agreement shall remain in full force and effect from execution thereof; shall run with the land; shall be binding upon the heirs, successors, and assigns of McDONALD'S interest in the land whether fee or otherwise, and shall be recorded in the Office of the County Recorder of Orange County, California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. PROVED AS TO FORM: (91 City Attorney CITY •• PO' B� a MuC$rpo' By cDONALD' S Corporation d/b/a Delaware McDot:ald's Corporation 3 of 4 stant Secret McDONALD'S (ACKNOWLEDGMENT) STATE OF ILLINOIS COUNTY OF DuPAGE SS: I, Sandra Bieschke , a Notary Public in and for the county and state aforesaid, DO HEREBY CERTIFY that Seymour Greenman, Vice -President, and Michael J. Sise, Assistant Secretary of McDonald's Corporation, a Delaware corporation, who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Vice -President and Assistant Secretary, respectively, appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act as such Vice -President and Assistant Secretary, respectively, and as the free and voluntary act of said corporation for the uses and purposes therein set forth. Given under my hand and notarial seal, this 21st day of April 19 88. My commission expires STATE OF COUNTY OF pi May 30, 1989 Notary Pub is Spa 42R StESCHK 010'rAg `e!;Lir n'o;w e.OF !Li lMO'S (ACKNOWLEDGMENT - INDIVIDUAL ) "f co .` Exp. '-4? v au9&9 SS: I, , a Notary Public in and for the county and state aforesaid, DO HEREBY CERTIFY that and of who (is)(are) per- sonally known to me to be the same person(s) whose name(s) (is)(are) subscribed to the foregoing instrument appeared before me this day in person and acknowl- edged that ( he)(they) signed, sealed and delivered the said instrument as (h )(their) free and voluntary act for the uses and purposes therein set forth. 19 Given under my hand and notarial seal, this day of • Notary Public My commission expires (ACKNOWLEDGMENT - CORPORATE) STATE OF COUNTY OF SS: I, , a Notary Public in and for the county and state aforesaid, DO HEREBY CERTIFY that , President, and , Secretary of , a(n) corporation, who are personally known to me to be the persons whose names are subscribed to the foregoing instrument as such President and Secretary, respectively, appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act as such President and Secretary, respectively, and as the free and voluntary act of said corporation for the uses and purposes therein set forth. 19 Given under my hand and notarial seal, this day of • My commission expires Notary Public McD-ACK-GS-9/85 7251J STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On , 198 , before me, the undersigned, a Notary Public in and for the State, personally appeared , known to me to be the Mayor of the City of Newport Beach and , known to me to be the City Clerk of the City of Newport Beach, known 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. Notary Public in and for said State STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) On , 1986, before me, the undersigned, a Notary Public in and for said State, personally appeared and , personally known to me (or proved to me on the basis of satisfactory evidence) to be the and the , respectively, of the corporation that executed the within instrument and known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument on behalf of said corporation and acknowledged to me that such corporation executed the same. WITNESS my hand and official seal: Notary Public in and for said State 4 of 4 a\- a. Ott Nz� II / • / / II � II II i ♦ d. t I t �_, Xpp