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HomeMy WebLinkAboutC-1950 - Encroachment Agreement (for 2660 East Coast Highway)RECORDING REQUESTED 4D WHEN RECORDED RETURN TO: City Clerk City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 V/ Recorded in the_,County of Orange, California Gary L. Gr' jlle, Clerk/Recorder III 111 11 111111 III I I II 22.0@ 19970020039 2:50pm 01/14/97 008 14007928 14 23 Al2 6 7.00 15.00 0.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT P05?9 61svb THIS AGREEMENT is made and entered into this .-4 day of 40tLd-11/ , 1999 , by and between Keith Dawson of "Crown Properties" ('ereina "'er "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 2660 East Coast Highway, Newport Beach, California and legally described as Lot 5, Block "L", Tract No.323, as shown on a map recorded in Book 40, Pages 40 and 41 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; W I T N E S S E T H: WHEREAS, OWNER desires to construct certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within the Fernleaf Avenue right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to 2660 East Coast Highway, 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. It is mut.11y agreed that PERMITTED .IPROVEMENTS shall be defined as a stairway with 3'high stucco and handrail and appurtenances in the Fernleaf 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. That should CITY be required to enter onto said RIGHT- OF-WAY to exercise its primary rights associated with said RIGHT-OF- 2 WAY, including but it limited to, the maintena__Je, 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: (i) CITY shall notify OWNER of its intention 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 indemnify 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. 3 7. OWNER agre, that this Agreement shall _main 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. APPROVED AS TO FORM: By: ATTEST: City Attorney City Clerk CITY OF NEWPORT BEACH, a Municipal corporation By: OWNER: By: 4 STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE On , 1996 before mG=! personally appeared - aw personally known to me ( er-p-r-c ed to me on_ the ba, s o€-satiof a -e cvidense) to be the person(s) whose name(--) is/are-subscribed to the within instrument and acknowledged to me that he/chc/thcy has executed the same in his/ber,Lthe4r authorized capacity(ies), and that by his/he.r4thelr signature(-9- on the instrument the person(-s-) or the entity upon behalf of which the person acted, executed the instrument. WITNESS mhansi and official seal. ary Public in and for said State STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE Charles B. Rubel Comm. #1009696 ARY PUBLIC - CALIFORNIA ORANGE COUNTY Comm. Expires Nov. 19. 1997 (This area for official notarial seal) 7 On 199 : , before a Jg.ENE gj personall ppeared personally known to me ( • �. .!"^tee• o e on me basis o saw sfa evidence) to be the persons whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they haSeexecuted the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the personLs1 or the entity upon half 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) F:\WP51\GILBERT\AG\DAWSON96.DOC Comm.01008878 A NOTARY PUBLIC • CALIFORNIAQ ORANGE COUNTY ((JJ Comm. Expires Nov. 11, 1997 5 ye-11-o" O �13 2" i 15 -rRPI•D C I I" 121 tarvel" SEcopm FL' ' • .—L.V,LilO1J - - T114Go ?b hVilGH r.X16T1N6 FUR — UT "DcK)111-4eo *UPR RT CoLLN\ To Ma1r4-I L)(15111J& S'1.1Cco, AGM/ 2 x 14 Pa*, FLt2 YraIN 12. 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