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Home My WebLink AboutC-4887(E) - Agreement for Non-Standard Improvements (for 609 36th Street)RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY CLERK/ J - (L CITY OF NEWPORT BE CH 3300 NEWPORT BOULEVARD P.O. BOX 1768 NEWPORT BEACH, CA 92659-1768 90- 19022T $13.00 C18 RECORDED IN OFPCMI RECORDS OF ORANGE COUNTY, CALIFORNIA 2:30 P.M. APR 1 11990 e:4 a. 931404Z RECOVER 4 Space Above This Line For Recorder's Use Only AGREEMENT FOR NON-STANDARD IMPROVEMENTS THIS AGREEMENT, made and entered into this 2 2^'O day of S.EP7--"/7)a'.E2 , 19 89, by and between TNofig.gs G, T!/P,,JAN whose mailing address is 649 26 rHNeST. Beach, California, 92663, hereinafter referred to as "OWNER"port 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 2k 199° al -yam( NE4pORT BEACH WITNESSETH WHEREAS, OWNER desires to retain certain existing improvements (hereinafter "nonstandard improvements") within the public right- of-way adjacent to OWNER's property, Lots,4Pme.6, Block (034, , of Canal Section as shown in Book 4, Page 98, of Miscellaneous Maps and Records of Orange County, California, with street address known as 0, 3 rza" STREET ; 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 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY CLERK CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD P.O. BOX 1768 NEWPORT BEACH, CA 92659-1768 Space Above This Line For Recorder's Use Only AGREEMENT FOR NON-STANDARD IMPROVEMENTS THIS AGREEMENT, made and entered into this 2 2'`�° day 'of SEPTA/v,gF2 , 19 89, by and between THom.gs G, TvPin�nv whose mailing address is 649 36 Yam' sr. 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 S'& Pee.6, Block (9.3 6 , of Canal Section as shown in Book 4, Page 98, of Miscellaneous Maps and Records of Orange County, California, with street address known as 6O9 3 6, rzi STREET ; 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 piblic'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: 40tCITY ATTORNE OWNER: ATTEST: 3 STATE OF CALIFORNIA COUNTY OF ORANGE Not ss. On `"�G2.o26 , 19iv, before me, the undersigned, a Public and for the State, personally appeared known to to e the Mayor of the City of NeB ach and , known to me to be thity 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. AL- 1•+1• OFFICIAL SEAL LYN NOTARPUBLIC - CALIFORNIA AicNOTARY ORANGE COUNTY My Comm. Exaires Jan. 16,1993 STATE OF CALIFORNIA ss. Notary Public in a for d State On �� , 19T9, before me, the undersigned, a Notary Pub c i and for said State, personally appeared �yyt�-p pZ 0,1., � a n d known to me (or pr ved 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. WITNESS my hand and official seal. Notary Public in 'nd for said State OFFICIAL SEAL SHAUNA LYN OYLER NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My Comm. Exaires Jan. 16. 1993 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). 1.ocation 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 pavin? stone driveway and sidewalk is from the N'ly projected lot line to the S ly projected lot line of said property. PROJECTED LOT LINE BACK OF CURB z H J F- 0 J 1� 809 PUBLIC RIGHT-OF-WAY INTERLOCKING STONE DRIVEWAY AND SIDEWALK w Z H J F- 0 J �---- EXISTING P.C.C. CURB AND GUTTER 36TH STREET PROJECTED LOT LINE _