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HomeMy WebLinkAboutC-4506 - Agreement for Non-Standard Improvements (for Lot 38, Tract 1219 on Kings Road)90-680218 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 $11 00 C14 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA Am30 . DEC 31 1990 c7Sta,rre.ZRECORDER Space above this line for Recorder's use only AGREEMENT FOR NON-STANDARD IMPROVEMENTS THIS AGREEMENT is made and entered into this day of 1990, by and between JACK C. EVANS, whose mailing address is 343 Via Lido Soud, 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 I T N E S S E T H: WHEREAS, OWNER owns Lot 38, Tract 1219, as per map recorded in Book 38, Pages 26 and 27 of Miscellaneous Maps, Records of Orange County, California), and OWNER desires to construct certain non- standard improvements (hereinafter "PERMITTED IMPROVEMENTS") adjacent to his property within the public right-of-way of Kings Road (60 feet in width); and WHEREAS, said PERMITTED IMPROVEMENTS may interfere with CITY's ability to construct, operate, maintain, and replace CITY facilities and improvements within RIGHT-OF-WAY; and WHEREAS, CITY desires to condition approval of construction of PERMITTED IMPROVEMENTS \,;ithin RIGHHT-OF-WAY to insure that RIGHT-OF- WAY is reserved for public use or open space and that the rights of the public in RIGHT-OF-WAY are not diminished by the installation of the PERMITTED IMPROVEMENTS; 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 PERMITTED IMPROVEMENTS; NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: 1. It is mutually agreed that RIGHT-OF-WAY is defined as Kings Road (60 feet in width), adjacent to Lot 38 of said Tract 1 1219; and PERMITTED IMPROVEMENTS shall be defined as portland cement concrete driveway with a minimum thickness of six inches with stone veneer on the surface. Improvements permitted under this agreement do not include trees of any sort. 2. CITY will allow OWNER to construct, reconstruct, install, maintain, use, operate, repair and replace said PERMITTED IMPROVEMENTS and appurtenances incidental thereto, within a portion of RIGHT-OF-WAY, all in substantial conformance with plans and specifications 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. It is mutually understood that the rights granted herein are non-exclusive, and the public is not to be excluded from any portion of said RIGHT-OF-WAY. b. OWNERS may construct and install PERMITTED IMPROVEMENTS and appurtenances incidental thereto, in substantial conformance with a plan attached to Encroachment Permit No. 370 on file in the CITY's Public Works Department. c. OWNER shall maintain the PERMITTED IMPROVEMENTS 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 PERMITTED IMPROVEMENTS, except as otherwise provided herein. EP 90- d. If City or other public facilities or improvements are damaged by the installation or presence of PERMITTED IMPROVEMENTS, OWNER shall be responsible for the cost of repairs. e. That should CITY be required to enter onto said RIGHT-OF-WAY to exercise its primary rights associated with said RIGHT-OF-WAY, including but not limited to, the maintenance, removal, repair, renewal, replacement or enlargement of existing or future public facilities or improvements, CITY may remove portions of the PERMITTED 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. 2 (ii) OWNER shall be responsible for arranging for any renewal or restoration of the PERMITTED IMPROVEMENTS affected by such work by CITY; (iii) CITY agrees to bear only the cost of any removal of the PERMITTED IMPROVEMENTS affected by such work by CITY; (iv) OWNER agrees to pay all costs for renewal or restoration of the PERMITTED IMPROVEMENTS. 4. 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 (when outside attorneys are so utilized), regardless of the merit or outcome of any such claim or suit arising from or in any manner connected with the design, construction, maintenance, or continued existence of the PERMITTED IMPROVEMENTS. 5. 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 OWNERS' 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: City Attorney 3 CITY OF NEWPORT BEACH, a Municipal corporation OWNER By: STATE OF CALIFORNIA ) ss: COUNTY OF NGE 0 /Y , 1990, before me, the undersigned, a Notary Public in and for the State, personally appeared Phil Sansone, 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 seal. OFFI SEAL SHAUNA LYN OYLER NOTARY PUBUC - CALIFORNIA ORANGE COUNTY My Comm. Expires Jan. 16. 1903 STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ota i Notary Public in and for said State On CX2eG�iz�� , 1990, before me, the undersigned, a in and for the State, personally appeared , known to me (or proved to me on the basis of atisfactory evidence) to be the person whose name is subscribed to the within instruction and acknowledged that he executed the same. y _ Public • FFICIAL SEAL SHAUNA LYN OYLER NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My Comm. Expires Jan. 16, 1993 Notary Public inC�nd for said State said 4