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 -
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APPROXIMATE LOCATION OF Pl. AND RA.W.
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VICTORIAN BOLLARD
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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
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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% -
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NoN-STQJDAV PAW. ma
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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
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