HomeMy WebLinkAboutC-4534 - Agreement for Non-Standard Improvments (for 101 North Bayfront)90-4 72325
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk / i?
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
11:30 S E P - 5 1990
A.M.
4- Q- 93142.4eRECORDER
Space above this line for Recorder's use only
AGREEMENT FOR NON-STANDARD IMPROVEMENTS
THIS AGREEMENT is made and entered into this / 5" day of
` / 64ez S✓
1990, by and between RICHARD MILLER, whose
mailing address is 101 NORTH BAYFRONT, Balboa Island, California
92662, 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";
WITNESSETH
WHEREAS, OWNER desires to construct certain improvements
(hereinafter "non-standard improvement") within the right-of-way of
North Bayfront and Park Avenue adjacent to Lot 1, Block 2,
Re^.:bdiv ision of Section One, Balboa Island, as per map filed in
Book 6, Page 30 of Maps, Records of Orange County, California; and
WHEREAS, said non-standard 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 no more than nineteen (19)
inches in height (measured from the top of the adjacent sidewalk)
projecting no more than twenty four (24) inches into Park Avenue
and thirty four (34) inches into North Bayfront; and steps no more
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than nineteen (19) inches in height (measured from the top of the
adjacent sidewalk) projecting no more than thirty four (34) inches
into North Bayfront.
2. CITY will allow OWNER to construct, reconstruct, install,
maintain, use, operate, repair and replace said non-standard
improvements and all facilities and appurtenances 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. 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 construed to require
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 any 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.
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(iv) OWNER agrees to pay all costs for renewal or
restoration of the non-standard improvements.
D. OWNER shall indemnify and hold harmless CITY, its City
Council, boards and commissions, officers and employees from and
against any and all loss, damage, 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: r% C a/oC
ATTEST:
By:
`2�L City Attorney
City Clerk/
CITY OF NEWPORT BEACH,
a Municipal corporation
By:
OWNER
By:
aybr
Richa 'd Miller
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STATE OF CALIFORNIA )
ss:
COUNTY OF ORAN
On F / , 1990, before me, the undersigned, a
Notary Public i /.nd for the State, personally appeared
Ruthelyn Plummer, known to me to be the Mayor of the City of
Newport Beach and Wanda E. Raggio, 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 sez�l.
STATE OF CALIFORNIA )
COUNTY OF 6RANG )
Rivers19 �-
ss:
`Notary Public in a for / aid State
On e- / - , 1990, before me, the undersigned, a
Notary Public in and for the State, personally appeared
Richard Miller, known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to
the within instruction and acknowledged that he executed the same.
OFFICIAL SEAL
SHE LA HOBBS
NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
RIVERSIDE COUNTY
My Commission Expires May 26, 1994
C%✓ll✓.l1.11./✓✓l✓r.�/'J./-..I./o++�ll../✓_/Y"✓J'..
Not Public /in and for said State
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