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Home My WebLink AboutC-2688 - Encroachment Agreement (for 2711 Ocean BoulevardRECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 biC # 95 0242875 08--JU —1995 1O 29 AM Recorded in Official Records of Orange County, California to�� Gary L. Granville, Clerk -Recorder Pa?e 1 of 6 Fees: $ 22.00 Tax: $ 0.00 Space above this line for Recorder's use only. THIS AGREEMENT J "OWNER" ENCROACHMENT AGREEMENT is made and entered into this 29---9 day of , 1995, by and between Jack Caldwell (hereinafter , and the City of Newport Beach, California, a munici corporAtion organized and existing under and by virtue of.; Charter and the Constitution and the laws of the State of/ 1�. California, (hereinafter "CITY"); WI T N E S S E T H: WHEREAS, OWNER desires to construct certain non-standard — improvements (hereinafter "PERMITTED IMPROVEMENTS") within the Ocean Boulevard right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to a portion of Block 033, Map Mar, as shown on a map recorded in Book 3, Page inclusively of Miscellaneous Maps in the office of Corona del 41 & 42 of the County Recorder of Orange County, California; also known as 2711 Ocean Boulevard, (Parcel"B", Resub 79) 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; 1 NOW, THEREFORE, in consideration of the m1_aal promises, the parties hereto agree as follows: 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as 4' high by 11' wide wooden access bridge with plaster finish, grouted slate pavers, and low voltage lighting (of which joins at existing stairway/walkway to Ocean Boulevard); 8'-2" high copper awning, concrete stairway; 4'-8" high reinforced concrete block retaining wall with stucco finish; 4'- wide concrete walkway; and appurtenances in the Ocean Boulevard right -of -away 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 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. Rights granted under this Agreement may be terminated by CITY at any time by giving 60 days' notice, notice the date of termination. whatsoever subsequent CITY shall specifying in said incur no liability in the event of the termination of this Agreement, removal of improvements by CITY. 4. OWNER and CITY further agree as follows: or 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 2 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. 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. d. 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 an 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; (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. 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 3 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 Attori7ley ATTEST: CITY OF NEWPORT BEACH, a Municipal corporation By: OWNER: Mayor Jack Caldwell STATE OF CALIFORNIA ss : COUNTY OF ORANGE On - r S 995 before me, personally appeared - ,�C C, cue;J ,te .6( personally known to me (ay proved to me —on— -he--b-a a sf-aetory evidooee) to be the person(s) whose name(s) is/a e subscribed to the within instrument andacknowledgedto me that he/cic��iay has executed the same in his/h TLe-ir authorized capacity(ies), and that by his/h the4r signature(s) on the instrument the person(s) or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in a4 r said State B.GOOFREY NOTARY PUBLIC - CAUFORNIA COMMISSION 11017979 ORANGE COUNTY My Comm. Exp. Feb. 13.1998 (This area for official notarial seal) STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE �/% On 622' -� , 19.9 ,,- before me;f� ` /7(l%7C� C�,(�//l personally appeared <, ' /7 " /I(-'/ , t ' . , personally known to me (or proved tb me on -.the basis of satisf4Ctory evidence) to be the person whose name(s)-i are%subscribed to the within instrument and acknowledged to me that h ,LsheOhey'has executed the same in -his/her/heir- authorized capacit (s)-, ar'rd " that by his/herl/their/signature((s)"on the instrument eh -person s) or the entity Upon behalf of which the persons).acted, execut a the instrument. WITNESS my hand and official seal. / % / / Notary Public in and'for said State F:\WP51\GILBERT\AGT95.CAL EP-95-73 0 Shauna Lyn OylerC81 (� �� gNOTARY mm I PUBLIC oC6 �ijORANGE COUNTY CALIFORNIA,", • Comm Expires Aug 22. 1997 -L v v✓G v lar.v v vvvt♦ (This area for official notarial seal) 5 • 0 o 30N301S3U c r 0 2 1 rn fr, c 0 0 pi 7- r- `-; rn • (11 • z 5-4 • -< A o