Loading...
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. 1 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 2 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