HomeMy WebLinkAboutC-2479 - Agreement for Non-Standard Improvements (for 2616 Clay Street)RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk /i, 71�`i�'L
`-- City of Newport Beach
-� Post Office Box 1768
N 3300 Newport Boulevard
Newport Beach, CA 92658-8915 EXEMPT
V C11
O CONSIDERATION
EXEMPT RECORDING REQUEST
GOVERNMENT CODE 6103
88-364349
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
-4 0o PM JUL 2 7 '88
aY�L�COUNTY
RECORDER
Space above this line for Recorder's use only.
AGREEMENT FOR NON-STANDARD IMPROVEMENTS
THIS AGREEMENT, made and entered into this 18th day of July
1988, by and between ROBERT HAMMER, hereinafter referred to as "OWNER", and the
CITY OF NEWPORT BEACH, a municipal corporation, organized and ex
by virtue of its Charter and the Constitution and the laws of
California, hereinafter referred to as "CITY";
WITNESSETH
WHEREAS, OWNER owns a parcel of real property located in the City of
Newport Beach, County of Orange, State of California, described as follows:
The easterly half of Lots 1 and 2, Block 35, First Addition to Newport
Heights, as per map recorded in Book 4, Page 94 of Miscellaneous Maps, Records
of Orange County, California. Said real property is commonly known as 2616 Clay
Street, Newport Beach, California; and
WHEREAS, OWNER desires to construct certain improvements (hereafter
"non-standard improvement") 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 easements;
and
WHEREAS, CITY desires to condition approval of construction of said
non-standard improvements within said easements; 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 their mutual promises, the parties
hereto agree as follows:
Page 1 of 3
8&-364349
1. It is mutually agreed that "non-standard improvements" shall be
defined as a mailbox; a retaining wall with no more than 3 feet in height
measured from the top of the adjacent curb; and Bouquet Canyon stone walkway
surfacing, all as shown on Exhibit "A" attached to and incorporated by reference
as a part of this agreement.
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. However, nothing herein
shall be construced to require 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 EASEMENT owned
by CITY to exercise its primary rights associated with said EASEMENT,
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
(
88-3649
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:
/0i
City Attorney
ATTEST:
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
ROBERT HAMMER
y4! 0 N
On � ore me, the and signed, a Not
Public in and,)for, aid State, personally appeared
, known to me to by the M yor of the'Cit9 of Newport
Beach and ���_ ��e; E; , known to me to be the City Clerk of the
City of Newport Beach, knovto me to be the persons whose names are subscribed
to the within instrument, and acknowledged to me that they executed the same.
DOROTHY' L: PAC
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Exp. Apr, 5, 1939
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE
and and official seal.
On •,� /e5' , 1988, before me, tie under igned, a Notary Public in
and for said S.ta'.•, personally appeared
known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged that he/she executed the same.
OFFICIAL SEAL
DOROTHY L. PALEN
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Exp. Apr. 5, 1989
(Pce-&,,
Notary Publicn and for said State
Page 3 of 3
88-364349
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EXHIBIT"A"
CLAY STREET