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HomeMy WebLinkAboutC-2251 - Encroachment Agreement Resubdivision No. 724 for 600 Edgewater PlaceRECur DT, ...'7.QUES ; ED BY AND _,_,'WHE,N RECORDED RETURN TO: City Clerk/1 ',' /''' �`` 'City of Newport Beach \v 3300 Newport Boulevard (� Newport Beach, CA 92663-3834 IEXEMPT. C1 CONSIONTRIN EXEMPT RECORDING RE QUEST PER GOVERNMENT CODE 6103 - ,CCS UPS 2- ¢ c; 'EC -CA EQ 1N OFFICIAL RECORns OF ORANGE COUNTY CALIFORNIA -1 19 PM JAN 2 7 '86 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT RE-Sc./SO/1 / / 3/ 0A/ N '. 724 f 03/cf Fixt-eA CITY OF i4EV 9RT BEACH, 4,Ritf. FEB 1018861. RECEIVED CITY CLERK1 c I THIS AGREEMENT, made and entered into this c�y day of j4„3.497 1936, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY," and BALBOA FUN ZONE, INC., hereinafter referred to as "OWNER," is made with reference to the following facts: A. CITY has easements over certain public street rights of way (hereafter "EASEMENTS") located in the City of Newport Beach, County of 0ranae, State of California, which EASEMENTS are more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein. B. OWNER owns that certain real property located at 600 Edgewater Place in the City of Newport Beach, County of Orange, State of California, which real property is more particularly described as Lots 1 - 7, Block B, Balboa Bayside Tract, and portions of Section 35, Township G South Range 10 West, San Bernardino Meridian. C. This EASEMENT also contains public utility easements. D. CITY has water, sewer, street lighting and storm drain facilities located within said EASEMENT. E. CITY desires to condition approval of construction of non-standard street improvements over a portion of said street EASEMENT containing said utility facilities. F. The parties hereto desire to execute an agreement providing for fulfillment of the conditions imposed by CITY on OWNER as a precondition for the granting of permission to construct the non-standard street improvements. NOW, THEREFORE, in consideration of their mutual promises, the parties hereto agree as follows: 1 of 4 1. DEFINITIONS "Non-standard street improvements" (hereafter "IMPROVEMENTS") shall be defined to include landscaped areas, trash receptical, bike racks, non- standard street lights, benches, tables and chairs, painted railing along the Edgewater Place bulkhead and street or sidewalk surfacing which is not con- structed of natural colored Portland cement concrete and/or finished in a customary fashion. 2. TERM Rights granted under this Agreement may be termrrnated in the event that CITY desires to use the EASEMENT for street purposes. CITY may terminate this Agreement by giving 60 days' notice of its intention to do so, specifying in said notice the date of termination. CITY shall incur no liability what- soever in the event of the termination of this Agreement, or subsequent removal of improvements by CITY. 3. RIGHTS OF OWNER OWNER may construct, reconstruct, install, maintain, use, operate, repair and replace said improvements, all in substantial conformance with plans and specifications therefor on file in the CITY's Public Works Department, in on and across those certain easements described in Exhibit "A" hereto. 4. OWNER'S DUTIES a. OWNER shall properly and regularly maintain the improvements and shall timely pay all costs and expenses incurred in doing so. In the event that owner fails to properly and/or regularly maintain the improvements, CITY may, at its option, assume the maintenance of the improvements and OWNER agrees to pay all costs incurred by CITY in maintaining the improvements. b. OWNER shall maintain improvements in an open manner so that the general public has free access to the easement area with no contraints placed on access to the pubic easement area. 5. REPAIRS CITY has the right to make such repairs to the improvements as it deems necessary for the protection of the public health, welfare and safety. OWNER agrees to promptly reimburse CITY for the reasonable costs and expenses incurred by CITY in effecting such repairs. 2 of 4 6. RESTORATION Should CITY be required to enter onto the easements to construct, maintain, remove, repair, renew, replace or enlarge the water, sewer, street light, or storm drain facilities, CITY may remove all or part of the improve- ments and in such event: a. OWNER shall restore the improvements to their condition prior to removal by CITY, said restoration to be completed within 60 days from notice to OWNER that CITY has completed its work: b. CITY agrees to bear the portion of the costs of the restoration of the improvements to the extent such costs would have been incurred had stan- dard street improvements been installed by OWNER. c. OWNER agrees to pay any costs of restoration of the improve- ments in excess of the costs to be paid by CITY. 7. INDEMNIFICATION OWNER agrees to indemnify, defend, and hold CITY, its officers, agents and employees harmless from all demands, claims, losses or liability that arise out of or that are in any way related to the construction, use, main- tenance or restoration of the improvements. 8. BREACH In the event either party breaches any material provision of this Agreement, the other party at its option may, in addition to the other legal remedies available to it, terminate this Agreement, and, in the event the breaching party is OWNER, CITY may enter upon the EASEMENT and remove all or part of the improvements installed by OWNER. Termination because of breach shall be upon a minimum of ten (10) days' notice, with the notice specifying the date of termination. In the event of litigation commenced with respect to any term or condition of this Agreement, the prevailing party shall be entitled to reasonable attorney fees and costs incurred. 9. SEVERABILITY The provisions of this Agreement are independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provisions hereof. 3 of 4 10. RECORDATION Each of the parties hereto specifically consents to the recordation of this License Agreement in the Office of the County Recorder of Orange County, California, and the covenants, restrictions and charges hereunder, benefits and burdens, shall run with the land, pursuant to Section Civil Code of the State of California. and all their 1468 of the 11. ASSIGNMENT The terms and conditions of this Agreement shall be binding upon the successors and assigns of OWNER, and shall also be binding upon owners who take title to the property by reason of foreclosure, trustee's sale, or otherwise. 12. NOTICE When notice is to be given pursuant to this Agreement, it shall be addressed as follows: CITY City of Newport Beach Office of the City Attorney 3300 Newport Boulevard Newport Beach, CA 92663-3884 OWNER Balboa Fun Zone, Ltd. 600 East Bay Balboa, CA 92661 Notice shall be deemed given as of the date of mailing when notice is properly addressed and mailed with first class postage prepaid. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. ATTEST: • ,e(-2 City Clerk CITY B 4CH, a unicip;� Cor.oration BALBOA FUN ZONE, LTD'. By By 4 of 4 STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) On , 1936, before me, the undersigned, a Notary Public in and for said 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 , 1985, before me, the undersigned, a Notary Public in and for said State, personally appeared and personally known to me (or proved to me on the basis of satisfactory evidence) to be the and , respectively, of , the corporation that executed the within instru- ment 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 CAT. NO. NN00630 TO 21946 CA (1-83) (Partnership) STATE OF CALIFORNIA COUNTY OF Q Anli(.E TICOR TITLE INSURANCE On Fit..) j ,Gi Rt before me, the undersigned, a Notary Public in and for said State, personally appeared in hl /A &,: K personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as C= r ACV ri• of -the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Signature (.(,LC.Q e41. v OFFICIAL SEAL. BRUCE LAWRENCE WANK h; NOTARY PUBLIC - CALIFORNIA I{ ORANGE COUNTY My comm. expires JUL 8, 1933 (This area for official notarial seal) 311N3AY AY8 1SY3 m 0 m m r NVld 1N31Nd 4.� 0 P c.l. PALM STREET is 0 it?) f I I.. ' 111 I, ,?�; n ) k c L ' � I �� tL1, I�' _ f r %+_ — —iI I e •m c.i. WASHINGTON STREET e>` 9Fr- .I • ti r- i7 C d `' on -- ASSOCIATES •.;.� ARCHITECTS NOT in. Avr mu, BALBOA FUN. ZONE SITE DEVELOPMENT PLAN 600 EAST BAY AVENUE, NEWPORT BEACH A COMMERCIAL DEVELOPMENT FOR: YAVAR 6UDUSTRIES, R. E. 660 NEWPORT CENTER DRIVE, SUITE 216 NEWPORT BEACH, CA 62660 EX1//B / T iq " SWEET / m P3' `Mrrn ' 10 3>r Z' =0 0 ® G 00 0000 VI r.F.F rir '" rTr. ;fl „. 7. - Z rz- 7 F I IS•01 •All••••1•0 1110 •11•16.1, ckiytori - AS SOCIATES , •••• A RC H IT ECTS , 1 - • rn 1 0 9:1 co 0 Z o •4' 7 - • • • 7 cI 0 r- 1. -- CI tL • 0 13 •• •• -.1.,L \ I 1 71 l'i rT1 "LI ' 11 -,- -, 8,- i BALBOA FUN ZONE 600 EAST BAT AVENUE. NEWPORT BEACH A COMMERCIAL DEVELOPMENT FOR: YAVAR INDUSTRIES, R. E. 680 NEWPORT CENTER DRIVE, SUITE 215 NEWPORT REACH, CA 92680 FERRIS WHEEL r ?' 1r; 15 4-x,v/i7" 5,4'.4c-4.1=7- 3 oic- .1 rl 1mi z I El c L Re rP) Ra P • { 1 • TRr F:_ Id y;`IkI ,,F� Se{' o- • O) P `— m Li a ,i p 4 .av • • ^1 6.1 \. LEyto1 1 -- ASSOCIATES it am a ,�....��.� ARCHITECTS A s BALBOA FUN ZONE 600 EAST BAY AVENUE, NEWPORT BEACH A COMMERCIAL DEVELOPMENT FOR; YAVAR INDUSTRIES, R- E. 1660 NEWPORT CENTER DRIVE, SUITE 215 11 SITE DETAILS NEWPORT BEACH. CA 52560 I E x,U/,o/ r 4 ..c464-4,-7- -2 OF- J