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HomeMy WebLinkAboutC-4101 - Encroachment Agreement (for 3000 West Coast Highway)88-16&43Z RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk% 2;% t;- City of Newport Beach Post Office Box 1768 ff 3300 Newport Boulevard EXEMPT i Newport Beach, CA 92658-8915 C15 EXEMPT RECORDii"i 7 REQUEST P. GOVERNMENT CODE 6103 rECORDED IN OFFICIAL RECORDS Or ORANGE COUNTY, CALIFORNIA -422 PM in 1 Z'88 COUNT ti s n Ttrro i':4 to- p 'lui.,4,..iii-7oiirA Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT /', THIS AGREEMENT is made and entered into this ,day of APR 2I,1988 ��,�� , 1988, by and between West Gilchrist Associates, A California l \ General Partnership, whose address is 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"; 3000 West Coast Highway, California, W I T N E S S E T H: WHEREAS, OWNER desires to construct certain improvements (hereafter "non-standard improvements") within a CITY easement for sewer and storm drain purposes (hereafter "EASEMENT") crossing Parcel 1 of Parcel Map 87-106 (Resubdivision No. 840) as said.Parcel is shown on a map filed in Book 227, Pages 9 and 10 of Parcel Maps, Records of Orange County, California; also known as 3000 West Coast Highway, Newport Beach, California; and WHEREAS, said 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 Decorative Brick Paving 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 OWNER to construct, reconstruct, install, maintain, use, operate, repair and replace said non-standard improvements and all facilities and appurtenance necessary and incidental thereto, over CITY's facilities, all in 1 of 3 88-166432 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, 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. 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 EASEMENTS 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 required 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 EASEMENTS owned by CITY to exercise its primary rights associated with said EASEMENTS, 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 an 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. (iv) OWNER agrees to pay all costs for renewal or restoration of the non-standard improvements. d. OWNER agrees to indemnify and hold harmless City, its Council, Boards and Commissions, officers, agents, and employees, from any and all demands, claims, losses, liability costs and expenses whatsoever including reasonable attorneys' fees, on account of injury or damage to persons or property suffered or claimed to be suffered as a result of the construction, use, maintenance or renewal of the non-standard improvements. 2 of 3 88- 166432 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 their 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 nave caused this Agreement to be executed on the day and year first above written. APPROVED AS TO FORM: y Attor ATTEST: cgr�`r STATE 0,w', IA ) ) ss. COUNTY OF ORANGE ) On , IL,7,L !I , 198*, before me, the undersigned a Notary Public in and for the State, personally appeared (�u� e. ('F, known to me to be the Mayor of the City of Newport Beach and /�%aN � � %fir. y'�/.� 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. CITY OF 1 '!' BEAC a Muni orat By OWNER /r(%E-sT CfL c, e/sr ,4-ssaci4TC-5 By By l_f(--sief WITNESS my hand and official seal.' STATE OF CALIFORR1A ) ) ss. COUNTY OF ORANGE ) t__, Notary Public in anid--for---said State OFFICIAL SEAL WILLIAM E. BROWN NOT PY PUSLIC - CALIFORNIA rR:; CtrAL OFFICE ORANGE COUNTY My Commission Exp. Aug, 26, 1913 On f,� Rd / 198i, before me, ,li vc),-F- ',tNi,✓'— Wy.4Tr , a Notary Public in and for said State, personally appeared , -, t') 4,,,c;s T , personally known to me (or proved to me on the basis of satisfactory evidence) to be one the partners of i✓.6-sT Gi.4C7,-/ 5T-- /9.017ci,4- 7-A-s the partnership that executed the within instrument and acknowledged to me that such partnership executed the same. My commission expires �cT li r.1- / 9 9/ Witness my hand and official seal: OFFICIAL SEAL LINDA C. GUNNING-WYATT Notary Public—Ca:;lornia RANGE COUNTY �y My Comm. Exp. Oct. 18. 1991 Notary Public n and f sa State r 2 88-166432 u1 ! � nevr' 1U0c1 :i3iJ 1 1. it is mutually agreed that "non-standard improvements" shall be Prick Pavinn within the EASEMENT as shown on Exhibit "A".