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HomeMy WebLinkAboutC-4557(J) - Agreement for Non-Standard Improvements (for 617 Clubhouse Avenue){ I ! 90- 1 4E29 RECORDED IN OFFICIAL RECORDS r OF ORANGE COUNTY, CALIFORNIA RECORDING REQUESTED BY AND 2.30 WHEN RECORDED RETURN TO: P.M. APR 1 1 1990 CITY CLERK /- y -P4."¶ CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD [1:111 4 a. (r;3 ,6 RECORDER P.O. BOX 1768 NEWPORT BEACH, CA 92659-1768A. //tt'A' -E c y. E° Space Above This Line For Recorder's Use Only APR A a CITY OFK AGREEMENT FOR NON-STANDARD IMPROVEMENTS olli BEA01 THIS AGREEMENT, made and entered into this 3O day of At/GUST , 1989, by and between v)OLN E. MORRISON whose mailing address is 4/7 ��v fiQti-s_ iteE_Aal- 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"; WITNESSETH WHEREAS, OWNER desires to retain certain existing improvements (hereinafter "nonstandard improvements") within the public right- of-way adjacent to OWNER's property, Lot 9 , Block , of Canal Section as shown in Book 4, Page 98, of Miscellaneous Maps and Records of Orange County, California, with street ddress known as !�/7 Clut hoU5'e. Ar,fetw'e, hife4pert 13eacti ; and WHEREAS, said non-standard improvements may interfere with CITY'S ability to construct, operate, maintain, and replace CITY facilities within the public right-of-way; and WHEREAS, said improvements may interfere with the general public's ability to freely use the public right-of-way for its intended use; and WHEREAS, CITY desires to condition approval of said non- standard improvements to remain; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to permit said non-standard improvements to remain within the public right-of-way; and NOW, THEREFORE, in consideration of their mutual interests, the parties hereto agree as follows: 1 1. It is mutually agreed that the non-standard improvements and appurtenances within the public right-of-way adjacent to OWNER's property are defined in Exhibit A which is attached hereto and incorporated herein by this reference. 2. OWNER shall maintain the non-standard improvements in accordance with general prevailing standards of maintenance and in conformance with plans and specifications to be approved by City Building and Public Works Department and shall 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 the non- standard improvements. 3. CITY and OWNER agree that the non-standard improvements shall be removed from the public right-of-way if either of the following occur: a. The City Council determines that it is in the best interests of the public to have the non-standard improvements removed from the public right-of-way; or b. The CITY is required to enter into the Public right- of-way owned by CITY to exercise its primary rights associated with the public right-of-way, including, but not limited to the maintenance, removal, repair, renewal, replacement or enlargement of the existing or future facilities. 4. The following is the procedure to be followed if removal of the non-standard improvements is required: (i) CITY shall notify OWNER of its intention to accomplish such work, if an 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 solely allocated to any removal of the non-standard improvements. (iv) OWNER agrees to pay all costs for renewal, restoration or replacement of the non-standard improvements. 5. 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, repair or renewal of the non-standard improvements and use of the public right-of-way for non-standard improvements. 2 6. 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 int he Office of the County of Recorder 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. APPROVED AS TO FORM: CITY ATTORNEY ATTEST: City Clerk CITY OF NEWPORT BEACH, a municipal corporation /"‘1/4 By: Mayor OWNER: 3 STATE OF CALIFORNIA COUNTY OF ORANGE Not ) ) ss. On , 1976, before me, the undersigned, a ariv Public in d for the State, personally appeared z✓ r nown to e o be the Mayor of the City' of Neor ach and , known to me to be t 4 ity Clerk of the City of Newport Beach, known to me to be the persons whose names are subscribed to the within instrument entitled Agreement for Non-standard Improvements and acknowledges to me that they executed the same. WITNESS my hand and official seal. OFFICIAL SEAL SHAUNA LYN OYLER NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My Comm. Wires Jan. 16. 1993 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. Notary Public in and/ for slid State On August 30 , 1989, before me, the undersigned, a Notary Public in and for said State, personally appeared **Viola E. Morrison** and 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 entitled Agreement for Non -Standard Improvements and acknowledged that he/he executed the same. WITNESS my hand and official seal. iNeNewiewww OFFICIAL SEAL LYNNE E. BRIGGS NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY MyCommission Ex . Oct. 16. 1990 • WNWWWWWWn W4WWWL Notar is in and or s �° d4 Sta 4 EXHIBIT R Description of nonstandard improvements within the public right—of—way: Encroachment 11: Corner of building, 5" high grouted brick planter, and roof overhang. Encroachment #2: Corner of building with decorative grouted brick and roof overhang. Location of Encroachments: Encroachment #1: The corner of building encroaches 0.3' into public right—of—way, the brick planter encroaches 0.6' into public right—of—way, and the roof overhang encroaches 2.4' into public right—of—way. The encroachments are located 62' S'ly from the BCR of Clubhouse Hvenue. Encroachment 12: The corner of building with grouted brick encroaches 1' into public right—of—way and the roof overhang encroaches 3.1' into public right—of—way. The encroachments are located 74' S'ly from the BCR of Clubhouse Avenue. PUBLIC RIGHT-OF-WAY T-- \ BLDG. / - T • ROOF BACK OF CURB - OVERHANG 61? • BRICK PLANTER m V rY • EXISTING P.C.C. CURB AND GUTTER CLUBHOUSE AVENUE