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HomeMy WebLinkAboutC-2580 - Agreement for Non-Standard Improvements (for 2916 Clay Street)RECORDING REQUESTED BY ,,ND WHEN RECORDED RETURN TO: EXEMPT RECORb,ING REQUEST PL. 88=617651 GOVERNMENT CODE 6103 City ClerkN7Ct ' 'Z- City of Newport Be ch Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92658-8915 NO CONSIDERATION EXEMPT ci RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA PM 4:00 N O V 2 8 1988 Space above this line for Recorder's use only. AGREEMENT FOR NON-STANDARD IMPROVEMENTS THIS AGREEMENT, made and entered into this /,day of COUNTY QerIPMP0- • RDER fCrr Di , 1988, by and between DONAL!) KROTEE hereinafter referred to as "OWNER", CITY OF NEWPORT BEACH, a municipal corporation, organized and existin by virtue of its Charter and the Constitution and the laws of the California, hereinafter referred to as "CITY"; WITNESSETH and the WHEREAS, OWNER owns a parcel of real property located in the City o Newport Beach, County of Orange, State of California, described as follows: "The easterly 67.00 feet of Lots 1 and 2, Block 32, First Addition to Newport Heights, as per map recorded in Book 4, Page 94 of Miscellaneous Maps, in the office of the county recorder of said county." Said parcel of real property is commonly known as 2916 Clay Street, Newport Beach, California; and said parcel is identified on the 1988-89 City/District Parcel List of the County Accessor of said Orange County as Parcel No. 049-022-23; and WHEREAS, OWNER desires to construct certain improvements (hereafter "non-standard improvements") within the public right of way of Clay Street, a public street; and WHEREAS, said improvements may interfere with CITY's ability to construct, operate, maintain, and replace CITY facilities within said RIGHTS -OF -WAY; and WHEREAS, CITY desires to condition approval of construction of said non-standard improvements within said RIGHTS -OF -WAY; and Page 1 of 3 88:617651 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 their mutual promises, the parties hereto agree as follows: 1. It is mutually agreed that for the purposes of this agreement, that "non-standard improvements" shall he defined as fences, bollards, a gate, a mailbox, and non-standard pavement. Said fences, bollards, gate, and mailbox may not exceed 4 feet 6 inches in height measured from the top of the adjacent curb. Said fences, bollard and gate may not encroach more than four (4) feet into said public right-of-way of Clay Street. 2. CITY will allow OWNER to construct, reconstruct, install, maintain, use, operate, repair and replace non-standard improvements and all facilities and appurtenances necessary and incidental thereto, over CITY's facilities, all in substantial conformance with plans therefor on file in the CITY's Public Works Department and as shown on Exhibit "A" hereto attached. 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 substan- tial conformance with 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. That should CITY be required to enter onto said RIGHTS -OF -WAY owned by CITY to exercise its primary rights associated with said RIGHTS -OF -WAY, including, but not limited to, the maintenance, removal, repair, renewal, replace- ment or enlargement of the existing or future facilities, CITY may remove por- tions of the non-standard improvements, as required, and in such event: 1. CITY shall notify OWNER of its intention to accomplish such work, if an emergency situation does not exist. 2. OWNER shall be responsible for arranging for any renewal or restoration of the non-standard improvements affected by such work by CITY; 3. OWNER agrees to bear the portion of the cost of any removal of the non-standard improvements. Page 2 of 3 4. OWNER agrees to pay all costs for renewal or restoration of the non-standard improvements. d. OWNER shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorney's fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to 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 be binding upon the heirs, successors, and assigns of OWNER'S interest in the land whether fee or otherwise. 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: ATTEST: 1ty C erk STATE OF CALIFORNIA) ) ss COUNTY OF ORANGE ) CITY OF BEA a Munk C..r or, By / ?Mayo OWNER: 17 I al Krotee Kin01.1' On h�,L� , 198' efore me, the undersigned, a Notar Public in and for skid State personally appeared , known to me to be the City Clerk of the L,.� P kn wn to me to by the Maya Hof the C'ty f Newport Beach and � ; 1/1-ct t,P, qw„ City of Newport Beach, known to megiio be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. 147MPSC OFFICIAL SEAL DOROTHY L. PALEN NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp. Apr. 5, 1989 hand and official seal. SIM Oh ALU-URN1,Q ) ss. COUNTY OF ORANGE ) Notary Public ir'and for said State On NolVemp., 3 , 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared VokiALis {Rol - known to me (or proved to me on the basis of satisfactory evidence) to be the personj`s. whose name N.) is re) subscribed to the within instrument and acknowledged that he/ii.e executed the same. OFFICIAL SEAL JUDITH A ESTEV'EZ NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm. expires OCT 27, 1989 Notary Public in and for said estate Page 3 of 3 FOR OTHER TECHNICAL NFORMATION SEE 811EET A—t 88=617651 (vtA t L Box - (1SNli1 - -- - t W 17-0• REVSED NotJ-ST4)JDARP PAv .--me Fs" MCA,/ '71<IP REVISED APPROXIMATE LOCATION OF Pl. AND RA.W. B' 9. REVISED rJ(il ( FOITURt C I (r i - VICTOF AN METAL FENCE I 1 VICTORIAN BOLLARD LJ H ALLEY '1 The Donald 14ol ee Partnership The Amj+e Riding • Site ',00 515 tNitorth Main Street • Santa Ma • CaYiorTlia • 92701.714.547.762t ALTERNATE CONCRETE PAVING PLAN - A CXU1Rr-r U n" RECORDING REQUESTED B' 1D EXEMPT RECORDING REQUEST Pi. 88=617651 WHEN RECORDED RETURN TO: GOVERNMENT CODE 6103 City Clerkiey-7,1,ts, City of Newport Belch Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92658-8915 O CONSIDERATION EXEMPT ilJ, RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 4.on NOV 2 8 1988 PM Space above this line for Recorder's use only."-! AGREEMENT FOR NON-STANDARD IMPROVEMENTS THIS AGREEMENT, made and entered into this/,day of 1988, by and between DONALD KROTEE hereinafter referred to as "OWNER", and the CITY OF NEWPORT BEACH, a municipal corporation, organized and existin0• IlL by virtue of its Charter and the Constitution and the laws of the California, hereinafter referred to as "CITY"; WITNESSETH WHEREAS, OWNER owns a parcel of real property located in the City o Newport Beach, County of Orange, State of California, described as follows: "The easterly 67.00 feet of Lots 1 and 2, Block 32, First Addition to Newport Heights, as per map recorded in Book 4, Page 94 of Miscellaneous Maps, in the office of the county recorder of said county." Said parcel of real property is commonly known as 2916 Clay Street, Newport Beach, California; and said parcel is identified on the 1988-89 City/District Parcel List of the County Accessor of said Orange County as Parcel No. 049-022-23; and WHEREAS, OWNER desires to construct certain improvements (hereafter "non-standard improvements") within the public right of way of Clay Street, a public street; and WHEREAS, said improvements may interfere with CITY's ability to construct, operate, maintain, and replace CITY facilities within said RIGHTS -OF -WAY; and WHEREAS, CITY desires to condition approval of construction of said non-standard improvements within said RIGHTS -OF -WAY; and '; Page 1 of 3 000If03I WHEREAS, the ties hereto desire to execute agreement providing for fulfillment of the conditions required by CITY to permit OWNER to construct said non-standard improvements; NOW, THEREFORE, in consideration of their mutual promises, the parties hereto agree as follows: 1. It is mutually agreed that for the purposes of this agreement, that "non-standard improvements" shall be defined as fences, bollards, a gate, a mailbox, and non-standard pavement. Said fences, bollards, gate, and mailbox may not exceed 4 feet 6 inches in height measured from the top of the adjacent curb. Said fences, bollard and gate may not encroach more than four (4) feet into said public right-of-way of Clay Street. 2. CITY will allow OWNER to construct, reconstruct, install, maintain, use, operate, repair and replace non-standard improvements and all facilities and appurtenances necessary and incidental thereto, over CITY's facilities, all in substantial conformance with plans therefor on file in the CITY's Public Works Department and as shown on Exhibit "A" hereto attached. 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 substan- tial conformance with 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. That should CITY be required to enter onto said RIGHTS -OF -WAY owned by CITY to exercise its primary rights associated with said RIGHTS -OF -WAY, including, but not limited to, the maintenance, removal, repair, renewal, replace- ment or enlargement of the existing or future facilities, CITY may remove por- tions of the non-standard improvements, as required, and in such event: 1. CITY shall notify OWNER .of its intention to accomplish such work, if an emergency situation does not exist. 2. OWNER shall be responsible for arranging for any renewal or restoration of the non-standard improvements affected by such work by CITY; 3. OWNER agrees to bear the portion of the cost of any removal of the non-standard improvements. Page 2 of 3 8B6i7651 4. ,,.,IJER agrees to pay all costs for renewal or restoration of the non-standard improvements. d. OWNER shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorney's fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to 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 be binding upon the heirs, successors, and assigns of OWNER'S interest in the land whether fee or otherwise. 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: ATTEST: "City Clerk STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) On �A -), J . 2_ � , 198:, •efore me, the undersigned, a_ Notar Public in and for sa.;d State, personally appeared C_- y. _ , kn wn to me to by the May of the City .of Newport Beach and tV, �y,�,,,.: , e ,,f , known to me to be the City Clerk of the City of Newport Beach, known to me10 be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. CITY OF BEA a Mun:' Crpor By f : OWNER: 0.0ro al Krotee hand and official seal. OFFICIAL SEAL DOROTHY L. PALEN NOTARY PUBLIC C.1LIFORNIA PRINCIPAL O:CE IN ORANGE COUNTY My Commission Exp. Apr. 5, 1989 ) ) ss. COUNTY OF ORANGE Notary Public On Nov6}n(2;y? ?, , 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared f-1)0 A-1A L-D K'Rot C-E known to me (or proved to me on the basis of satisfactory evidence) to be the person N whose name(`s..) is ('a -ram) subscribed to the within instrument and acknowledged that he/ executed the same. OFFICIAL SEAL JUDITH A ESTEVEZ NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm. expires OCT 27, 1989 Notary Public in and for said tate Page 3 of 3 FOR OTHER TECNN:AL INFORMATION SEE BHEET A-t 88=617651 �- APPROXIMATE LOCATION OF PL AND RO.W. 1.7-0• REVISED M�cr_ f O% - w F NoN-STQJDAV PAW. ma „ rnA,, twin-' REVISED 9'-9' REVISED VICTORVW BOLLARD r VILTORAN METAL FENCE I.. .1 LJ H FiiCPG6ED LONf FIXTURE ALLEY The Donald Notee Partnecst The Arcade Building • S(ute 200 • 515 hizrth Man Street • Santa Area • CaNponiia • a27ot • 7 4.54F/1621 ALTERNATE CONCRETE PAVING PLAN - A CXU IRiT " A"