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Home My WebLink AboutC-4909 - Encroachment Agreement EP98-90 for 1801 Port CharlesRECORDING REQUESTED ;D 0 WHEN RECORDED RETURN TO: 7 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 III II 111 I I III 111 I II 1 II No Fee 005 29006862 29 5�9980478245 1:43pm 07/24/98 Al2 6 6.00 15.00 0.00 0.00 0.00 0.00 Space above this line for R_ ENCROACHMENT AGREEMENT (EP98-90) THIS AGREEMENT is made and entered into this /c day of 199?, by and between Michael J. Knitter; hereinafter "OWNER", 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 1801 Port Charles Place, Newport Beach, California and legally described as Lot 26, Tract 6622; as shown on a map recorded in Book 245, Page 22 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; WITNESSETH: WHEREAS, OWNER desires to construct and maintain certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within Port Charles Place right- of-way (hereinafter "RIGHT-OF-WAY") that is located between and adjacent to 1801 Port Charles Place, Newport Beach, California; WHEREAS, said 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 fulfillment of the conditions required by CITY to permit OWNER to reconstruct and maintain said PERMITTED IMPROVEMENTS; NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: 1 1. It is mutually ,dreed that PERMITTED IMPROVE Z.NTS shall be defined as grouted interlocking concrete pavers driveway approach/sidewalk and appurtenances in Port Charles Place 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 private -owned or CITY -owned pipeline, conduit or cable located in or under said PERMITTED IMPROVEMENTS, except as otherwise provided herein. c. If private -owned, 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. That should the 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 �ntion to accomplish such work, if any emergency 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 date 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 any and all loss, 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first -above written. 3 APPROVED AS TO FORM: By: � r City Attorny CITY OF NEWPORT BEACH, a Municipal corporation ATTEST: OWNER: City Clerk By: By: Michael J. Knitter 4 STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On _,t,c.�,--Q� %,..5 1998, before me, .�� personally ,/ appeared 7--../c 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/s19eLtbey has executed the same in his/hex/their authorized capacity(ies), and that by his/bar/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 STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On liAtd�' DIANE 8. PATTON Commission # 1154978 Notary PuOlic - Colifornici Orange County My Comm. Expires Sep 1 1, 2001 (This area for official notarial seal) , 1998, before me, 14 i ► v ' I GCS personally appeared 1(.0161 Vule.py-1 , personally known to me ) to be the personM whose name(» is/are subscribed to the within instrument and acknowledged to me that heisheithey has executed the same in his/ ier-/thei authorized capacity(l ), and that by his/her/their signatureM on the instrument the personK or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. vc41,tv2 Notary Public in and for said State (This area for official notarial seal) LEILANI V. INES Commission # 1170960 No-ary Puolic California Orange County My C mrn. Expires Jan 25, 2002 F:\USERS\PBW\GWONG\W P51 \AG\GRAYHARV98.DOC 6'-8" -I- L IS01 ate‹ - - - 1 4- EXISTING SLOPE OF OF EXISTING FOLIC, WALK AND DRIVENAY OVER R.O.W. TO REMAIN 1 1 1 - -1. 1 1 1 1 1 1 1 4- -1 1 PLANTER DRAIN - 2" Sf�ED-G PVG INTERLO6KIN6 PAVERS _YAP THRU GARDEN MALL EXISTING CORN LANDSGAPINW - PVC, OPENING TO SHEET FLOW OFF SITE GL. PORT GHARLES PLAGE EXHIBIT "A"