HomeMy WebLinkAboutC-4887(I) - Agreement for Non-Standard Improvements (for 3601 Finley Street)90-190235
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY CLERK/-rj 7EA
NEWPORTCITY OF B CH
3300 NEWPORT BOULEVARD
P.O. BOX 1768
NEWPORT BEACH, CA 92658-8915
F 'JADED IN OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
-2 39 PM APR 11'90
cA,..tayte,4 RECORDER
Space above this line for Recorder's use only.
AGREEMENT FOR NON-STANDARD IMPROVEMENTS
TRACT
4
MED
APR 24 1990
CITY CLERK
CITY Of
NEWPORT BEACH
THIS AGREEMENT, made and entered into this (,T! day of
FEBRVARY , 198 9 , by and between GEORGE A, f3 i a,E r NER
whose mailing address is 360/ FINLEY AVENUE
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 ITNESSETH
WHEREAS, OWNER has allowed to be constructed certain
improvements (hereinafter "nonstandard improvements") within the
public right-of-way adjacent to OWNER's property, Lot j , Block
436 , of Canal Section as shown in Book 4, Page 98, of
Miscellaneous Maps and Records of Orange County, California, with
street address known as 360/ F/NGEY ,qVE_
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
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 92658-8915
Space above this line for Recorder's use only.
AGREEMENT FOR NON-STANDARD IMPROVEMENTS
TRACT
THIS AGREEMENT, made and entered into this (,�� day of
PEBRVARY , 1989 , by and between GEORGE A. B/ 0E r NER
whose mailing address is 360/ FINLEY AVEuvE
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 has allowed to be constructed certain
improvements (hereinafter "nonstandard improvements") within the
public right-of-way adjacent to OWNER's property, Lot j , Block
4.36 , of Canal Section as shown in Book 4, Page 98, of
Miscellaneous Maps and Records of Orange County, California, with
street address known as 364/ F/Nz.EY AVE.
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. 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-ownedpipeline, 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
2
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.
6. OWNER shall furnish CITY with certificate of liability
insurance on or before the commencement of the term of this
Agreement showing the type, amount, class of operations covered,
effective dates and dates of expiration of insurance coverage in
compliance with minimum coverage as shown below. Said insurance
shall cover all loss, damage, liability, claims, suits, costs and
expenses arising from or in any manner connected to the
construction, use, maintenance, repair or renewal of the non-
standard improvements, use of said public right-of-way for non-
standard improvements and all responsibilities of OWNER under this
Agreement.
It is agreed that OWNER shall maintain in force at all
times during the performance of this Agreement all appropriate
coverage of insurance required by this Agreement with an insurance
company that is acceptable to CITY and licensed to do insurance in
the State of California.
Minimum Liability Insurance Coverage
Comprehensive general coverage that has a minimum liability
limit of $500,000.
OWNER agrees that in the event of loss due to any of the perils
for which it has agreed to provide comprehensive general liability
insurance, that OWNER shall look solely to its insurance for
recovery. OWNER hereby grants CITY, on behalf of any insurer
providing comprehensive general liability insurance to either
OWNER or CITY with respect to the services of OWNER herein, a
waiver of any right of subrogation which any such insurer of said
OWNER may acquire against CITY by virtue of the payment of any
loss under such insurance.
7. 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
3
be recorded in the Office of the County
California.
IN WITNESS WHEREOF, the parties
Agreement to be executed on the day and
APPROVED AS TO FORM:
6-6-tA,0
a,`/( CITY ATTORNEY
ATTEST;
Ci.tyCle
Ca-a-aezz`J
4
Recorder of Orange County,
hereto have caused this
year first above written.
CITY OF NEWPORT BEACH,
a municipal corporation
By:
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE
On Oam 520
D
, 19 , before me, the unders)ned, a Notary
is in and for the State, personally appeared
nown t e o be the Mayor of the City c tNewport
Beach and , known to me to be the
apjCity 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.
and se
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STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE
Notary Public in an
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id State
On FEBRUARY 6, , 1988, before me, the undersigned,
Notary Public in and for said State, personally appeared
GEORGE A. BLOECHER and , known to
proved to me on the basis of satisfactory evidence) to
person(s) whose name(s) is (are) subscribed to the
instrument and acknowledged that he/she executed the same.
WITNESS my hand and official seal.
G`rlCl`19 i.
LELLA MAE POZDY
1.10TARY p.'SLIC- C.111FC;t.fliA
cn.aC:COSIITY t MY C ?`;f ;,v;,i.N :j''. th Y 31, 19:1
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me (or
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within
ary Public in and for said State
5
EXHIBIT A
Description of nonstandard improvements within the public right—of—way:
One foot (1') wide grouted brick strip.
Location of Encroachments:
Grouted brick strip encroaches 4.5' into public right—of—way joining existing
P.C.C. curb and gutter, and is located in the center of driveway.
PROJECTED LOT LINE
BACK OF CURB -�
3801
-- PUBLIC RIGHT-OF-WAY -
----- 1 '
EX. P.C.C. DRIVEWAY AND SIDEWALK
•
�`-- EXISTING P.C.C. CURB AND GUTTER
FINLEY AVENUE
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