HomeMy WebLinkAboutC-4887(G) - Agreement for Non-Standard Improvements (for 516 1/2 35th Street)90-I90224
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY /a CLERK 7,
CITY OF NEWPORT BEACH
3300 NEWPORT BOULEVARD
P.O. BOX 1768
NEWPORT BEACH, CA 92659-1768
2:30
P.M. APR 1 1 1990
a. (7.3REcoRoER
Space Above This Line For Recorder's Use Only
AGREEMENT FOR NON-STANDARD IMPROVEMENTS
THIS AGREEMENT, made and entered into this
��"�^` by and between
CCSPj c ^J L cam. whose mailing address is L
4geKcIt GA-6-04L5 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";
4
_RECEIVED
APR 24 1990
WYCLERK
NEWPORr8EACH
WITNESSETH
WHEREAS, OWNER desires to retain certain existing improvements
(hereinafter "nonstandard improvements") within the public right-
of-way adjacent to OWNER's property, Lot g
Canal Section as shown in Book 4, Page 98, of Miscellaneous Maps
and Records of range unty, California, with street address
known as 5/(p 2 35 Stree-i' Newport- � � eEaGf/ 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.
CITY OF NEWPORT BEACH,
a municipal corporation
APPROVED AS TO FORM:
CITY ATTORNEY
OWNER:
ATTEST:
3
Pktmt4vtdk—
STATE OF CALIFORNIA
COUNTY OF ORANGE
)
)
)
ss.
On /2 424/. vo�0 , Rg90 , before me, the undersigned, a
Not Publi i• for the tate, personally appeared
Jy, known to me to b the Mayor of the
Cit of Newp rt Bea h 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 entitled Agreement for Non-standard Improvements and
acknowledges to me that they executed the same.
WITNESS my hand and official seal
STATE OF CALIFORNIA
COUNTY OF ORANGE
On
ss.
)
Notary Public in an • / or sail/ State
, 19M, before me, the undersigned, a
Notaryn Publi in and for said State, personally appeared
and
known to me ( 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/she executed the same.
WV&fl7CY
WITNESS my hand and official seal.
Notary Publ
I:'FICI AI_ SF. `,
CH,�!STINF FAU FIT
r?oT {RY PiJEL;C - CALIF CCr.!'a
C';..;;CF T.CUNTY
My comm. exp;.e, JUL 16, . ;;
4
1
in anc' for/laid State
EXHIBIT R
Description of nonstandard improvements within the public right-of-way:
Two (2) each Ficus Benjamian Trees.
Location of Encroachment:
The two (2) Ficus Benjamian trees (trunk) encroach 1' and 1.5', respectively,
into the 35th Street public right-of-way.
PROJECTED LOT LINE
BACK OF CURB-
LOT LINE
518 1
PUBLIC RIGHT-OF-WAY
EXISTING P.C.C. SIDEWALK
EXISTING P.C.C. CURB AND GUTTER
35TH STREET
PROJECTED LOT LINE