HomeMy WebLinkAboutC-4914 - Encroachment Agreement EP98-191 for 2600 East Coast HighwayRECORDING REQUESTEL ,VD
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
Recorded in the County of Orange, California
Gary L. Granville Clerk/Recorder
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ENCROACHMENT AGREEMENT
(EP98-191)
THIS AGREEMENT is made and entered into this /5-V day of
1998, by and between First Team Real Estate (Bill Plattos); hereinafter "OWER", and the
City of Newport Beach, California, 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
"CITY"), "OWNER" is the owner of property located at 2600 East Coast Highway, Newport
Beach, California and legally described as lot 1, Block "L", Tract 323, (hereinafter ("SUBJECT
PROPERTY") as shown on a map recorded in Book 14, Pages 40 and 41 inclusively of
Miscellaneous Maps in the office of the County Recorder of Orange County, California;
WITNESSETH:
bt
WHEREAS, OWNER desires to construct and maintain certain non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within the Dahlia Avenue right-
of-way (hereinafter "RIGHT-OF-WAY") serving of lot 1, Block "L", Tract 323, as shown on a
map recorded in Book 14, Pages 40 and 41, inclusively of Miscellaneous Maps in the office of
the County Recorder of Orange County, California; and
WHEREAS, sa'd PERMITTED IMPROVEMENTS may interfere in the future with
CITY'S ability to construct, operate, maintain, and replace CITY and other public facilities and
improvements within RIGHT-OF-WAY; and
WHEREAS; the parties hereto desire to execute an agreement providing for fulfillmmnt
of the conditions required by CITY to permit OWNER to recon:..,ruct and maintain said
PERMITTED IMPROVEMENTS;
NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree
as follows:
1
1. It is mutually aed that PERMITTED IMPROVEML .TS shall be defined as two
fabric awnings and appurtenances in the Dahlia Avenue right -of -away as shown on EXHIBIT
"A" attached hereto and as approved by the City Engineer.
2. CITY will permit OWNER to construct, reconstruct, install, maintain, use, operate,
repair and replace said PERMITTED IMPROVEMENTS and appurtenances incidental thereto,
within a portion of RIGHT-OF-WAY, all in substantial conformance with plans and
specifications on file in the CITY. CITY will further allow OWNER to take all reasonable
measures necessary or convenient in accomplishing the aforesaid activities.
3. Rights granted under this Agreement may be terminated by CITY at any time by
giving 60 days' notice, specifying in said notice the date of termination. CITY shall incur no
liability whatsoever in the event of the termination of this Agreement, or subsequent removal
of improvements by CITY.
4. OWNER and CITY further agree as follows:
a. OWNER may construct and install PERMITTED IMPROVEMENTS and
appurtenances incidental thereto, in substantial conformance with plans and specifications
therefor on file in the CITY's Public Works Department, and as described on Exhibit "A" hereto
attached.
b. OWNER shall maintain the PERMITTED IMPROVEMENTS in accordance
with general prevailing standards of maintenance, and 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 said PERMITTED
IMPROVEMENTS, except as otherwise provided herein.
c. If City or other public facilities or improvements are damaged by the
installation or presence of PERMITTED IMPROVEMENTS, OWNER shall be responsible for
the cost of repairs.
d. Thar. should CITY be required to enter onto said RIGHT-OF-WAY to exercise
its primary rights associated with said RIGHT-OF-WAY, including but not limited to, the
maintenance, removal, repair, renewal, replacement or enlargement of existing or future
public facilities or improvements, CITY may remove portions of the PERMITTED
IMPROVEMENTS, as required, and in such event:
2
(i) .ITY shall notify OWNER of its i. :ntion to accomplish such
work, if any emerce,icy situation does not exist.
(ii) OWNER shall be responsible for arranging for any renewal or
restoration of the PERMITTED IMPROVEMENTS affected by such work by CITY;
(iii) CITY agrees to bear only the cost of any removal of the
PERMITTED IMPROVEMENTS affected by such work by CITY;
(iv) OWNER agrees to pay all costs for renewal or restoration of the
PERMITTED IMPROVEMENTS.
5. In the event either party breaches any material provision of this Agreement, the
other party at its option may, in addition to the other legal remedies available to it, terminate
this Agreement, and, in the event the breaching party is OWNER, CITY may enter upon the
RIGHT-OF-WAY and remove all or part of the improvements installed by OWNER.
Termination because of breach shall be upon a minimum of ten (10) days' notice, with the
notice specifying the d ate of termination. In the event of litigation commenced with respect to
any term of condition of this Agreement, the prevailing party shall be entitled to reasonable
attorneys fees and costs incurred.
6. OWNER shall defend, indemnify, waive, and hold harmless CITY, its City Council,
boards and commissions, officers and employees from and against ary and all Toss, damage,
liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees
(when outside attorneys are so utilized), regardless of the merit or outcome of any such claim
or suit arising from or in any manner connected with the design, construction, maintenance, or
continued existence of the PERMITTED IMPROVEMENTS.
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 OWNERS' interest in the land whether fee or otherwise, and shall be recorded in
the Office of the County Recorder of Orange County, California.
8. 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 OWNERS' interest in the land whether fee or otherwise, and shall be recorded in
the Office of the County Recorder of Orange County, California.
3
IN WITNESS WHET _OF, the parties hereto have ca ed this Agreement to be
executed on the day and year first -above written.
APPROVED AS TC FORM:
By:
City Att me
ATTEST:
(iN/A( /91 (1)(1-dig,
CITY OF NEWPORT BEACH,
a Municipal corporation
OWNER:
City Cie•k
Bv:
B
4
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
On ✓Q/V6 /S , 19 8, before me, &&r61 i -6! /77
personally appeared /3/c..Z- F'G,g-TTOS
personally 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 and acknowledged to me
that he/she/they has executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(This area for official notarial seal)
BETH DUNCOMBE
COMM. # 1063334
Notary Public — California
(MANGE COUNTY
My Comm. Expires JUL 7.1999
c1 (>1 , 1998, before me, �G` A- ,r .) L
personally appe- i red " .'3\.+&,5 C (-L...E.c).k,:,,� c[\ ' '4- Lk- OLd- v ( `tt , Viz,.,--t, (4,>
perso llyd tt known tom provem n t" of=-sa# actcfr� evfe ef�ce)- to be the
persons) h e nam (s)' s/ subscribed to the w' i i instrument and ack • (edged to me
that he/ they)has execute• the same in his/her/ eir .authorized capacit (ies), and that by
his/her heir ignatuvr-.��s) n the instrument the persor the entity upon be alf of which the
person acted, execute the instrument.
WITNESS my hand acid official seal.
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On 'a(.;
Notary Public a d fo- said State
(This area for official notarial seal)
F:\USERS\PBW\G W ONG\W P51 \A(.\\FIRSTTEAMCDMB. DOC
CA
Commissio• # 1 174329
Notary PuDlic - California
Orange County
My Comm, Expires Feb 21, 2002
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