The URL can be used to link to this page

Home My WebLink AboutC-1139 - Indemnity Agreement (for Non-Standard Improvements for 607 Kings Road)RECORDING REQUESTED: BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach CO P.O. Box 1768 3300 Newport Boulevard UNewport Beach, California 92663 83-18610E CITY OF EWPORT BEACH, MAY 17 i983 '11- RECEIVErii Cif LEEK <�� Space above this 1 —fbf der's use only. INDEMNITY AGREEMENT ECORDED IN OFFICIAL RECORDS } OF ORANGE COUNTY, CALIFORNIA -11 sQ AM MU 3 '83 LEE A. BRANCH, County Recorder made and entered into this 41day of and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY" and RICHARD W. HORMUTH, herein- after referred to as "OWNER". WITNESSETH WHEREAS, CITY administers a certain public right-of-way which is known as Kings Road, and which is located in the City of Newport Beach, County of Orange, State of California, and is shown on Exhibit "A" attached hereto, and by this reference incorporated herein; and WHEREAS, OWNER owns real property located at 607 Kings Road in the City of Newport Beach, County of Orange, State of California, which real prop- erty is more particularly described as Lot 17, Block E, Tract 1219, as shown on a map filed in Book 38, page 27 of Miscellaneous Maps, Records of Orange County, California, and which real property is contiguous to said public right-of-way; and WHEREAS, said Lot 17 is hillside property located below the top of the existing curb on the southerly side of said Kings Road, and the finished floor elevations of the garage floors and the main entry level of the house which has recently been constructed for OWNER are lower in elevation than the top of said curb; and WHEREAS, OWNER has applied to CITY for an encroachment permit to con- struct non-standard improvements in that portion of the public right-of-way of said Kings Road that abuts said Lot 17; and said non-standard improvements in- clude driveway surfacing of a material and at a slope not approved by CITY for standard improvements in the public right-of-way; and WHEREAS, OWNER desires to maintain said non-standard improvements in that portion of said public right-of-way that is contiguous to his property; and 1 of 3 83-18610° WHEREAS, CITY desires to condition construction of said private en- croachments, and desires to avoid incurring any liability as a result of sur- face water being diverted from said Kings Road through said driveways or from persons being injured from falling on said non-standard surfaces; and WHEREAS, OWNER has agreed to indemnify and hold harmless CITY as a condition of being allowed to maintain said non-standard improvements; NOW, THEREFORE, in consideration of their mutual promises, the par- ties hereto agree as follows: 1. It is mutually agreed that "private encroachments" shall be limited to a brick stairway; handrails; a brick mailbox; planters; and two driveways constructed of "Turfstone." 2. CITY will allow OWNER to install, maintain, use, repair and replace said private encroachments in said public right-of-way all in substan- tial conformance with plans and specifications therefor on file in CITY's Public Works Department. a. OWNER shall maintain said private encroachments in accor- dance with general prevailing standards of maintenance, and pay all costs and expenses incurred in doing so. b. If CITY is required to enter onto said public right-of-way to exercise its primary rights, including, but not limited to, the maintenance, removal, repair, renewal, replacement or enlargement of the public sidewalk, CITY may remove portions of said private encroachments. In such event, CITY shall notify OWNER of its intention to accomplish such work; and OWNER shall be responsible for arranging for any renewal or restoration of the non-standard street improvements affected by such work by CITY. 3. a. OWNER agrees not remove or alter the rolled curb and gutter which presently exist in said public right-of-way adjacent to OWNER's property. b. OWNER agrees to indemnify and hold harmless CITY , its of- ficers, agents and employees from all demands, claims, losses or liability on account of injury or damage to persons or property suffered or claimed to be suffered as a result of the construction, use, maintenance or renewal of said private encroachments. 4. No breach of the covenants, conditions or restrictions herein contained shall defeat or render invalid the lien of any deed of trust, lease or lawful encumbrance made in good faith and for value, but all of said cove- nants, conditions and restrictions shall be binding upon and effective against any owner whose title is derived through foreclosure or trustee's sale or otherwise. 2 of 3 83-1861''2 5. These restrictions, covenants and agreements may be modified, amended or terminated jointly by the parties hereto, or their heirs, assigns or successors, expressed in writing and recorded in the office of the County Recorder of Orange County, California. 6. The provisions hereto shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any other pro- visions hereof. 7. It is mutually agreed that this Agreement shall be binding upon the heirs, successors and assigns of OWNER. 8. Each of the parties hereto specifically consents to the recorda- tion of this "Indemnity Agreement" in the office of the County Recorder of Orange County, California, and the covenants, restrictions and charges hereunder, and all their benefits and burdens shall run with the land as contemplated pur- suant to Section 1468 of the Civil Code of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and entered into the day and year first above written. ATTEST: Wanda Andersen, City Clerk APPROVED AS TO FORM: City Attorney CITY OF NEWPORT BEACH, a Municipal Corporation BY%� 11 --- Mayo r OWNER By Richard W. Hormut 3 of 3 ,,A_spa) 83-18610u STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On 4-(P.lC k3 , 1983, before me, the undersigned, a Notary Public in and for said State, personally appeared R known to me to be the Mayor, and " , known to me to be the City Clerk of the Municipal Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the Municipal Corporation therein names, and acknowledged to me that such Municipal Corporation executed the within Instrument pursuant to a resolution of its City Council. WITNESS my hand and official seal. OFFICIAL SEAL DOF OTHY L. PALEN NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Canmis.on Expires Apri! 5, 1985 STATE OF CALIFORNIA ) ) sc. COUNTY OF ORANGE ) Notary Publi n and for said State On (', 1983, before me, a undersigned, a Notary Public in and for said State, personally appeared 1CR7_D L. Zrl whose name is subscribed to the within Instrument and acknowledged that he executed the same. OFFICIAL SEAL DAWN A. PFAFF NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My Comm. Expires Aug. 12, 1985 Notary Public in an s id State 83-180 . 8 CL /FF K/NGS BY AGREEMENTAREA COVERED SCALE all I" =100 ti 607 KINGS ROAD EX/-//8/ T "A" CITY OF N EW PORT BEACH PUBLIC WORKS DEPARTMENT DRAWN R.G. DATE 3/2//83 APPROVED AGREEMENT FOR PRIVATE ENCROACHMENTS IN PUBLIC R/W 607 KINGS ROAD PUBLIC WORKS DIRECTOR R.E. NO DRAWING NO. M-5227-L