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Home My WebLink AboutC-4449 - Encroachment Agreement (for 515 Kings Place)RECORDING REQUESTEL AND WHEN RECORDED RETURN TO: City Clerk 914-. City of Newpo Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 1 3--SEP"' 1 9 ~8.` e ='2_ Recorded in Official :3c•_:.i U of !1 3.. se County,: Ri:California ! e A: BrAn Fib ,;flinty_f i i::�ft; s_Yr Psse a of v f $ O°O Space above this line for Kecoraer•s use only. ENCROACHMENT AGREEMENT THIS AGREEMENT is made and entered into this /1 T� day of /9v�vr� , 1993, by and "OWNER"), and the City of between Tim Harold (hereinafter Newport Beach, California, a municipal corporation organized and existing under and by virtue of Charter and the Constitution and the laws of the State of California, (hereinafter "CITY"); W ITNESSET H: its PM 4 RECEIVED SEP 29 1993 CITY CURIE CITY OF NEWPORT BEACH WHEREAS, OWNER desires to construct certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within the ‘G1NGS ?Lf4cE Sylvia Lane right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to Lot 70, Tract 1218, as shown on a map recorded in Book 37, Pages 47, 48, and 48 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 515 Kinas Place, Newport Beach, California; and WHEREAS, said PERMITTED IMPROVEMENTS may interfere in the future with CITY'S ability to construct, operate, maintain, and replace CITY and other public facilities and improvements within RIGHT-OF-WAY; and WHEREAS; the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to reconstruct and maintain said PERMITTED IMPROVEMENTS; NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a grouted brick walkway (5 feet wide) with two (2) 43 inches high and 22.5 inches square grouted brick pillars with low voltage lightings adjacent to grouted brick walkway, and redwood fence (30 inches high), and appurtenances as shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. 2. CITY will permit OWNER to construct, reconstruct, install, maintain, use, operate, repair and replace said 1 PERMITTED IMPROVEM�IJTS and appurtenances inciaental 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. Rights granted under this Agreement may be terminated by CITY at any time by giving 60 days' notice, specifying in said notice the date of termination. CITY shall incur no liability whatsoever in the event of the termination of this Agreement, or subsequent removal of improvements by CITY. 4. OWNER and CITY further agree as follows: a. OWNER may construct and install PERMITTED IMPROVEMENTS and appurtenances incidental thereto, in substantial conformance with plans and specifications therefor on file in the CITY's Public Works Department, and as described on Exhibit "A" hereto attached. b. 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. c. OWNER shall maintain the existing four (4) private -owned trees located in the public right-of-way, approximately 5 feet behind the back of curb. 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, construction, and enlargement of existing sidewalk, future sidewalk, public facilities or improvements, CITY may remove all or 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. (ii) OWNER shall be responsible for arranging for any renewal or restoration of the PERMITTED IMPROVEMENTS affected by such work by CITY; 2 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. 5. In the event either party breaches any material provision of this Agreement, the other party at its option may, in addition to the other legal remedies available to it, terminate this Agreement, and, in the event the breaching party is OWNER, CITY may enter upon the RIGHT-OF-WAY and remove all or part of the improvements installed by OWNER. Termination because of breach shall be upon a minimum of ten (10) days' notice, with the notice specifying the date of termination. In the event of litigation commenced with respect to any term of condition of this Agreement, the prevailing party shall be entitled to reasonable attorneys fees and costs incurred. 6. 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. 7. OWNER agree 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 Atto ney ATTEST: 3 CITY OF NEWPORT BEACH, a Municipal corporation By: OWNER: By: -�....-, Tim Harold STATE OF CALIFORNIA ss: COUNTY OF ORANGE On ,qV5 // , 1993, before me, ief 1JC- 14- AC/7 "-- personally appeared Kevin Murphy personally known to me to be the City Manager 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 (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 to me that his/her/their executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the persons(s) acted, executed the instrument. WITNESS my hand and official seal. Signature, seal) STATE OF CALIFORNIA COUNTY OF ORANGE On Av(c►a .T / / (This area for official notarial PAT .) LA HUM- COti,iM. # 983739 Moto y Public — a. U OMY ORANGE COUNTY comm. Ex pires MAR 21, 1997 SS: , 1993, before me, C.. jc -o �M k0 L1 eF 4, , known to me (or proved to me on the basis of satisfactory evidence) to be the person(*) whose name(g) is/awe subscribed to the within instrument and acknowledged to me that h/�e.ir executed the same in his/h-r authorized capacity(i , and that by his/her/thcix signature(*) on the instrument the person(a) or the entity upon behalf of which the persons(t-)- acted, executed the instrument. personally appeared WITNESS my hand and official seal. Signature C. JANDRO COMM. #869686 r- Notary Public -California cc; ORANGE COUNTY t^ My Commission Expires April22, 1994 34Gwvwv (This area for official notarial seal) 4 s.csvd VYOM 21'X SIC RELWGdD RAILINGS -- 7' n z ,{tip c /� cn a a a �, `a a1 ,p o r0 rr n �m E£ m , o � • o 0. Orgaiff r";