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HomeMy WebLinkAboutC-4887(H) - Agreement for Non-Standard Improvements (for 3607 Finley Street)r RECORDING REQUESTED BY AND CO WHEN RECORDED RETURN TO: v CITY CLERK/ --C` JCL CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD P.O. BOX 1768 NEWPORT BEACH, CA 92659-1768 90=I90225 $13.00 C18 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 2:30 PAL APR 1 1 1990 a.c-64,,e.4RECCMER Space Above This Line For Recorder's Use Only AGREEMENT FOR NON-STANDARD IMPROVEMENTS THIS AGREEMENT, made and entered into this as day*of , 19r{,O by and between ',k-Nw2-•\ >�\Yc\) whose mailing address is zj(op Newport keach, 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"; APR 24 1990 CITY CLERK CO OF NEWPORT BEAN WITNESSETH WHEREAS, OWNER desires to retain certain existing improvements (hereinafter "nonstandard improvements") within the public right- of-way adjacent to OWNER's property, Lot \\ , Block I_VI j(o , of Canal Section as shown in Book 4, Page 98, of Miscellaneous Maps and Records of Orange County, California, with street address known as '):.)(f Or ����,Ey �v�V��- ; 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 pl<bl ic' 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. CITY OF NEWPORT BEACH, a municipal corporation APPROVED AS TO FORM: � ,,"n� Wlt , CITY ATTORNEY ATTEST: OWNER: \\\NQK C)\SN7,;\)•k;F.\ 3 ) ) ) ss. STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) 9d On � odd , 19 before me, the undersigned, a Not Public in a for the State, personally appeared known to me be th M r of the City of Newach and y known to me to be tity 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. Notary Public in and rr said tate STATE OF CALIFORNIA COUNTY OF ORANGE On September 22 , 1989, before me, the undersigned, a Notary Public in and for said State, personally appeared Mary Ann Faubert a n d 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/shy executed the same. WTTNESS my hand and official sea OFFICIAL'SEAL NICOLA M COX NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY MY COMM. EXP. MAR. 13,1990 EXHIBIT A Description of nonstandard improvements within the public right-of-way: Brownish colored loose interlocking paving stone driveway and sidewalk over sandy base (compacted granite and dry portland cement mixture). Location of Encroachments: Brownish colored loose interlocking paving stone driveway and sidewalk encroach 4.5' into public right-of-way joining existing P.C.C. curb and gutter. The limits of the encroaching interlocking paving stone driveway and sidewalk is from the Wily bulkhead to the E'ly projected lot line of said property. PROJECTED LOT LINE BACK OF CURB Z H J 1- 0 J 360? PUBLIC RIGHT-OF-WAY INTERLOCKING STONE DRIVEWAY AND SIDEWALK EXISTING P.C.C. CURB AND GUTTER FINLEY AVENUE cc w S J C7 1-4 X H X L►J LT)