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Home My WebLink AboutC-1960 - Non-Standard Encroachment Agreement (for 900 West Coast Highway)1 U RECORDING REQUESTED AND 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 III IIIII II III II I III I IIII II 19.00 19970184246 04:30PM 04/22/97 005 24005847 24 16 $- •_V, n x:..•,Y., Al2 5 7.00 12.00 0.00 0.00 0.00 0.,r• Space above this line for Recorder's use only. NON-STANDARD ENCROACHMENT AGREEMENT PUBLIC WORKS NEWPORT BEACH, THIS AGREEMENT is made and entered into this /4tL day of C`�,��-�(� , 1997, by and between Levon Gugasian, as property owner, 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 is the owner of real property located at 900 West Coast Highway, Newport Beach, California 92663, and legally described as Lots 36 through 30, in Tract No. 1210, Newport Beach, as shown on a map recorded in Book 40, pages 45 and 46 inclusively. of Miscellaneous Maps if i the office ice of the County Recorder of Orange County, California, hereinafter referred to as "property", and; WHEREAS, OWNER desires to construct certain improvements at 900 West Coast Highway, Newport Beach, and; WHEREAS, OWNER proposes to install a 4-inch service connection in a non- standard arrangement which will be located adjacent to the easterly side of the building, a If non-standard location, these installations hereinafter referred to as "non-standard improvements", and; WHEREAS, the non-standard improvements constitute an abnormal burden upon the City's ability to maintain said fire service improvements. As a result, CITY requires the OWNER to assume all responsibility for certain piping downstream of the 4-inch branch valve located in West Coast Highway, Newport Beach, and; WHEREAS, OWNER and CITY desire to enter into a written agreement to set forth the conditions governing the maintenance responsibility for these non-standard improvements, and; NOW THEREFORE, the parties hereto do agree as follows: 1. It is mutually agreed that non-standard improvements shall be defined as all pipes, valves, devices and fittings and their appurtenances, that lie between the City's 4-inch diameter valve in the West Coast Highway, and the downstream side of the backflow prevention device located on OWNER's property. 2. OWNER agrees to maintain the aforesaid non-standard improvements and all related appurtenant facilities and surfaces in accord with general prevailing standards of maintenance, and shall pay all costs and expenses incurred in doing so, and ; 3. OWNER acknowledges and fully understands that OWNER is responsible for compliance with Title 17 of the California Administrative Code, which pertains to cross - connection control and the maintenance and testing and certification of backflow devices, and; 4. OWNER shall not be permitted by virtue of the Agreement, to install any additional, non-standard improvements between the backflow device and the City's branch valve in the CITY alley in the future, without first obtaining all required permits for such work as may be proposed and not without special permission from CITY, in writing, for any such additional installations or construction, and; 5. OWNER agrees to defend, indemnify and hold harmless CITY, its officers and employees with respect to any claim, damage or injury related to the non-standard improvements, provided that OWNERS shall have no such obligation if the claim, damage or injury was caused by any officer, employee or representative of City, and; 6. OWNER agrees that this written Agreement shall remain in full force and effect from the date first written above; shall run with the land; and shall be binding upon the heirs, successors, and assigns of OWNERS of the above referenced property. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day, month and year first above written. CITY OF NEWPORT BEACH, APPROVE TO FORM: a Municipal corporation By: City Attorney ATTEST: ,L tk„---Xe City Clerk F:\GROUPS\PUBW ORKS\ENCROACH\NONSTAND.DOC EP97-61 Y r/ dWO i Le on Ginn, Owner STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) On MAR/26 , 1997, before me, GAIL D. FOSTER, NOTARY PUBLIC personally appeared LEVON GUGASIAN 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. ry Public in and for said State STATE OF CALIFORNIA ) ss: 1 GALL D. FOSTER Comm #1013655 NOTARY PUBLIC CALIFORNI ORANGE COUNTY `1 Comm. Expires Jan. 17, 1998 ' V (This area for official notarial seal) COUNTY OF ORANGE ) On �j�—/6 — , 1997, before m , J1 ;vrw : ,� ll::fdC�' ��` personally appeared _ Y personally known to me (or pr ved to e on e asis 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, executod the instrument. WITNESS my hand and official seal. Notary Public in and for said State EP97-61 (This area for official notarial seal) 2 Comm. #1008878 NOTARY PUBUC - CALIF ORANGE COUNTY Comm. Expires Nov. 11, 1997 Sy t�wa�ri ‘ s R�SPoN6�i�.� c11.9 .sax. .V. f 7� '�i•1•Vr -r o pygjQ! .. ,` r, �iYY Wad ,M pti�N Cum •EXHi1 it 'A"'