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Home My WebLink AboutC-2271 - Agreement (For Non-Standard Improvements for Alleys in Block 26, East Side Addition to Balboa Tract)RECORDING REQUESTED BY AND WHEN RECORDED RETURN T0: City Clerk%- fit7a-'77, City of Newport Beach P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92658-8915 EXEMPT RECORDING REQUEST P.... GOVERNMENT CODE 6103 88-102530 EXEMPTC2 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA -2n PM MAR 7'88 RECO%aDER C NSIDF AT Space above this line for Recorder's use only. AGREEMENT THIS AGREEMENT, is made and entered into this 4/ day of March 1988, by and between GARY VOSE (hereinafter referred to as "OWNER"), owner of Lots 3 and 4 in Block 26, the East Side Addition to the Balboa Tract as per map recorded in Book 4, Page 20 of Miscellaneous Maps, Records of Or California; and the CITY OF NEWPORT BEACH, a municipal corporatib-n4. organized and existing under and by virtue of its Charter and the Constitution and the_ .MAR �'419 laws of the State of California (hereinafter referred to as "CITY"). WITNESSETH WHEREAS, OWNER is owner of certain real property in said Block 26, East Side Addition to Balboa Tract, and; , WHEREAS, OWNER desires to construct non-standard improvements and install conduits for underground utilities in the alleys in said Block 26, East Side Addition to the Balboa Tract, as shown on Exhibit "A" attached hereto; and WHEREAS, CITY desires condition approval of construction of non- standard improvements in public alleys and alley approaches; 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: I. It is mutually agreed that "non-standard improvements" shall be as brick pavement constructed by OWNER on top of portland cement concrete alley pavement and alley approach at Balboa Boulevard constructed by CITY. 1 of 4 88-102530 II. CITY will allow OWNER to construct, reconstruct, install, maintain, use, operate, repair and replace non-standard improvements over CITY's facilities, all in substantial conformance with plans and specifications there- for on file in the CITY's Public Works Department and as shown on Exhibit "B' attached hereto. CITY will further allow OWNER to take all reasonable measures necessary or convenient to accomplish the aforesaid activities. III. OWNER and CITY further agree as follows: required; and A. CITY will replace City -owned water lines and sanitary sewers as B. CITY will construct new portland cement alley pavement and alley approach at Balboa Boulevard; and C. CITY will leave the top of said new portland cement concrete alley pavement and alley approach at Balboa Boulevard three inches below the finished surface so that OWNER may construct said brick pavement to the finished grade shown on approved plans on file in the office of CITY's Public Works Department. D. OWNER shall construct and install non-standard improvements and all facilities and appurtenances necessary and incidental thereto. E. 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 construed to require OWNER to maintain, replace or repair any CITY -owned pipeline, conduit or cable located in or under said non-standard improvements. F. That should CITY be required to enter into said public alleys and alley approach at Balboa Boulevard owned by CITY to exercise its primary rights associated with said alleys and alley approach at Balboa Boulevard, including, but not limited to, the maintenance, removal, repair, renewal, re- placement or enlargement of the existing or future facilities, CITY may remove portions 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 of 4 88-102530 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 pay all costs for renewal or restoration of the non-standard improvements. 4. CITY agrees to bear the portion of the costs of any such renewal or restoration of the non-standard street improvements not in excess of the cost which would be incurred for the restoration or renewal of standard street improvements in the same location. 5. OWNER agrees to pay any costs of renewal or restoration of the non-standard improvements in excess of the costs to be paid by CITY. G. 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 attorneys' 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 said non-standard improvements. OWNER shall indenmify 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 attorneys' fees, accruing or resulting to any and all per- sons, firms, or corporations owning real property in Block 26, East Side Addition to the Balboa Tract, as shown on Exhibit "A" attached hereto arising from or in any manner connected to the construction, use, maintenance or renewal of said non-standard improvements. IV. 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. V. 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. 3 of 4 63-10253] 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: Y1� City Clerk STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) On /1L , 1988, before me, the under igned, a Notary Public in and for said State, personally appeared , knojn to me to be the Mayor of the City of V Newport _a ,Sea _And JJ—�� cam,— , known to me to be theAtity 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. CITY OF NEWP a Municipal By By By Gary Vos BEACH, oratio « FICIKi • n. an DOROTHY L. PALEN NOTARY PUBLIC • CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp. Apr. 5, 1989 official seal. Notary Public it and for said State STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) On kzA4L4,L.1988, before me, the undersigned, a Notary Public in and for said State, personally appeared %ey- , �'�' , , known to me (or proved to me` on the basis of satisfactory evidence) to be the person(s) described in, and 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 Notary Public Wand for said State 4 of 4 z/ /' / X 1./ ^ /4\;P/ /Alt° t• /,")'\ z k z.e \VI % D A • • Z/z(\ / ZA / / o / z c. 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