HomeMy WebLinkAboutC-4890 - Agreement for Non-Standard Improvements (for 2515 Holly Lane)5C)
90-114834
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
$9.00
C15
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
12:00
P.M. MAR - 5 1990
474 aL64,1WA6 RECORDER
Space above this line for Recorder's use only
AGREEMENT FOR NON-STANDARD IMPROVEMENTS
'HIS AGREEMENT is made and entered into this
, 1990, by and between RICHARD J.
day of
SHAPIRO, whose
mailing address is 2515 Holly Lane, Newport Beach, California
92663, hereinafter referred to as "OWNER", and the CITY OF NEWPORT
BEACH, a municipal corporation, organized and existing under and by
virtue of its Charter and the Constitution and the laws of the
State of California, hereinafter referred to as "CITY";
W I T N E S S E T H:
WHEREAS, OWNER desires to construct certain improvements
(hereinafter "non-standard improvement") within the right-of-way of
Holly Lane (hereinafter "EASEMENT") adjacent to Lot 3, Tract 1702,
as per map filed in Book 56, Page 8 of Maps, Records of Orange
County, California; and
WHEREAS, said non-standard improvements may interfere with
CITY's ability to construct, operate, maintain, and replace CITY
facilities within EASEMENT; and
WHEREAS, CITY desires to condition approval of construction of
said non-standard improvements within EASEMENT; and
WHEREAS, the parties hereto
providing for fulfillment of the
desire to execute an agreement
conditions required by CITY to
permit OWNER to construct said non-standard improvements;
NOW, THEREFORE, in consideration of the mutual promises, the
parties hereto agree as follows:
1. It is mutually agreed that "non-standard improvements"
shall be defined as driveway approach in the public right-of-way of
Holly Lane constructed of stamped portland cement concrete
pavement, and any additional landscaping or improvements, other
than ground cover or standard concrete patio or flatwork at grade.
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2. CITY will allow OWNER to construct, reconstruct, install,
maintain, use, operate, repair and replace said non-standard
improvements and all facilities and appurtenances necessary and
incidental thereto, over CITY's facilities, all in substantial
conformance with plans and specifications therefor on file in the
CITY. 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. Trees or other deep root growths are specifically
excluded from the definition of non-standard improvements and shall
not be planted in or on the EASEMENT under any circumstances
whatsoever.
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 construed 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, replacement or enlargement of the existing or
future facilities, CITY may remove portions of the non-standard
improvements, as required, and in such event:
(i) CITY shall notify OWNER of its intention to accomplish
such work, if any emergency situation does not exist.
(ii) OWNER shall be responsible for arranging for any
renewal or restoration of the non-standard
improvements affected by such work by CITY;
(iii) CITY agrees to bear the portion of the costs of any
removal of the non-standard improvements.
(iv) 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
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Council, boards and commissions, officers and employees from and
against any and all loss, damage, 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 the non-standard improvements.
4. 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 Recorded of Orange County,
California.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the day and year first -above written.
APPROV$1b AS TO FORM:
City Attorney
ATTEST:
By:
CITY OF NEWPORT BEACH,
a Municipal corporation
Richard J. Shapiro
STATE OF CALIFORNIA )
ss:
COUNTY OF 0 GE
On.oc, , 1990, before me, the undersigned, a
Notary Public in and for the State, personally appeared
Ruthelyn Plummer, known to me to be the Mayor of the City of
Newport Beach and Wanda E. Raggio, 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.
1TW 4.Itw .,hand..
OFFICIAL SEAL
SHAUNA LYN OYLER
NOTARY PUBUC - CALIFORNIA
ORANGE COUNTY
My Comm. Expires Jan. 16.1993
d official seal.
Notary Public i /and f•/ said State
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE
On 2ti , 1990, before me, the undersigned, a
Notary Public in and for the State, personally appeared
Richard J. Shapiro, known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to
the within instruction and acknowledged that he executed the same.
OFFICIAL SEAL
SUSAN WERNET
NOTARY PUBLIC - CALIFORNIA l'
ORANGE COUNTY
My com•m. expires MAY 14, 1993 3
Notary Public in and for said State