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HomeMy WebLinkAboutC-2639 - Encroachment Agreement Resubdivision No. 826 for 2306 West Ocean Frontk2a)RDING REQUESTED BY AN" WHEN RECORDED RETURN TO: City Clerk/ 7' / -24/ City of Newport Be ch P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92658-8915 �p�"¢¢C4�9Y7P �s�� t• rift EXEMPT RECORDING REQUEST P' GOVERNMENT CODE 6103 EXEMPT C14 86-5/ 1138 --- -,n RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA -115 PM NOV 20'86 cC. C c RECORDER Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT RESUBDIVISION NO. 826 CITY OF NEWPORT BEACH, CF:L Ir. DEC 919866' /7-ARECEIVED %`� CITY CLERK THIS AGREEMENT is made and entered into, this /a /Lday J/`r1 1986, by and between MERIDIAN MEDICAL, INC., Newport Beac whose business address is tit t at}/Sint bry+►r GDi'1 Newport Beach, California, NEWPORT BEACH, a municipal tue of its Charter and the hereinafter referred to as hereinafter referred to as "OWNER," and the CITY OF corporation, organized and existing under and by vir- Constitution and the laws of the State of California, "CITY"; WITNESSETti: WHEREAS, OWNER desires to construct certain improvements (hereafter "non-standard improvements") over the existing Ocean Front right of way (hereafter "EASEMENT") adjacent to Lots 3 and 4, Block 23, Newport Beach Tract, said lot is shown on a map filed in Book 3, Page 26 of Miscellaneous Maps, Records of Orange County, California; also known as 2306 West Ocean Front, Newport Beach, California; hereafter referred to as "BUSINESS"; 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 par- ties hereto agree as follows: 1. It is mutually agreed that "non-standard improvements" shall be defined as a second -story structural encroachment over the West Ocean Front boardwalk over the EASEMENT as shown on Exhibit "A". 2. CITY will allow OWNER to construct, reconstruct, install, maintain, use, operate, repair and replace said non-standard improvements and all facilities and appurtances necessary and incidental thereto, over CITY 1 of 3 EASEMENT, 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 acomplishing 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 Building and Public Works Departments, and as described in Exhibit "A" hereto attached. 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. c. OWNER agrees to fully protect CITY against any loss or damage from injuries that are in any way related to said non-standard improvements over EASEMENT and shall indemnify and hold harmless, its officers, agents and employees, from any and all demands, claims, losses or liability 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. 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: City Attorney ATTEST: Akv,,44 cc7 City Clerk C�IY"OF WPORTNBEACH, a Municip 1 ,Corpo tion AI 1 Mayor M'RIDIAN MEDICAL, C. (/ By_�'� By 2 of 3 STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) On , 1986, before me, the undersigned, a Notary Public in and for the State, personally appeared known to me to be the Mayor of the City of Newport Beach and , 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. Notary Public in and for said State STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On (�C�C�1� ��o , 1986, before me, the under0,i.gned, a Notary Public in and for said State, personally appeared (PiC•�V and------ — _ . personally k'n to me,(or proved to me on the basis of satisfactory evidence) to be the -t((!)-C3/ ) and , respectively, of MERIDIAN MEDICAL, INC., the corporation that executed the within instrument and known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument on behalf of said corporation and acknowledged to me that such corporation executed the same. WITNESS my hand and official seal. Notary Public in and for said State OFFICIAL SEAL MAI L SPENCER NOTARY PUBLIC - CALIFORNIA O^ANSE COUNTY Ply comm. expires ":N 31, 1989 3 of 3 I t • ; • I II • 'II • It III I ; • , _ • 1. I ' _ :LZ2_ . I _ • - - I! ' ; ; t •