HomeMy WebLinkAboutC-1911 - Encroachment Agreement (for 630 Lido park Drive)RECORDING REQUESTED !D
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 th( Dunty of Orange, California
Gary L. Gran,11e, Clerk/Recorder
III IIIIIII 11111 III II III I II 22.00
005 12016105 12 229960610441 10:16am 12/03/96
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
THIS AGREEMENT is made and entered into this L/EJ day of
t�E,,ti�k✓, 1996, by and between Levon Gugasian (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 andthe laws of the State of California,
(hereinafter "CITY"), —OWNER" is the owner of property located at
630 Lido Park Drive, Newport Beach, California and legally described
as Lot 11, 12, 14, 15, 16, and 17, Tract 815; as shown on a map
recorded in Book 26, Pages 43 and 44, 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/maintain certain non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within the Lido
Park Drive right-of-way (hereinafter "RIGHT-OF-WAY") that is located
adjacent to 630 Lido Park Drive, 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
NOW, THEREFORE,
parties hereto agree
and maintain said PERMITTED IMPROVEMENTS;
in consideration of the mutual promises, the
as follows:
1
1. It is mutt, ily agreed
defined as a non-standard water
sprinkler system located in the
Drive right -of -away as shown on
approved by the City Engineer.
that PERMITTED PROVEMENTS shall be
service and appurtenances for a fire
seawall (bulkhead) in the Lido Park
EXHIBIT "A" attached hereto and as
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. In addition, the OWNER is responsible for said
PERMITTED IMPROVEMENTS and appurtenances from the non-standard water
service connection (outside of the seawall) to the building.
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.
2
d. That 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:
(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
3
the design, construt ion, maintenance, or conti AO existence of the
PERMITTED IMPROVEMENTS.
7. OWNER agree 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.
APPROVED AS TO FORM:
By:
ATTEST:
City Attorney
City Clerk
Cod
1/J FO.
MOP
CITY OF NEWPORT BEACH,
a Municipal corporation
By:
4
,STATE OF CALIFORNIA
COUNTY OF ORANGE
ss:
On ` ✓ '•/ 1996, before me,
personally .ppeared �,e 7/�)1,2.t 7• ►
personally known to me ory,
eyisderae.) to be the person (l whose name) is ubscribed to the
within instrument and acknowledged to me that he/she hey hd executed
the same in his/her/their authorized capacity(ies), anhat by
Ah.i-s fhei /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
JR NE LUTLER
(This area for official notarial seal)
On 76CAC US l '; , 1996, before me, Vit f)/ E° bei ('r. G�
personally appeared L VQ, fa h
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.
WITS S hand and official seal.
Notar Public/in nr- for said State
(This area for official notarial seal)
F:\WP51\GILBERT\AG\GUGASI96.DOC
BEACON 1
0 as ` ti Comm. t#99730$ ()
0 a8; NOTARY FUMY.; CALIFORNIA'',
ORANC_ COUNTY
Z � Comm Expire; Aug,,11 1997
5
g---erg:C1r-15
/
\
- • /
•\ •
/ 1 , 4:1E.: •
•
a
ec`
(JD
,e)
0 ri-
-<
0-)
0
c. g0a11 b. 00. 1011b.sotor•s
1.11.1 related 1.1.11.1=•••••••.• tbe arcbltaerer•
11•• )r4r •`..1""..• .•••••••clerrt 6alrala .04 ,
6.1 Is •Il c••••• '4.1'o • .osn.let may om-er. soe
fleet -toes ard note* od. t..\ • eravlbes. or bars.
architect 0.11 snItlei asa,S be .411 L‘tr.
c.,•P•000006ebsll Is straws. en. !rut
.• 1•41.•••4 tot ID.* case. et
6.1 %LI verbs...bit. sed s0s11 cosfore
Peach. "c• 1116 •ditloe. If rat or,
e., rs reee ebell uorbler alseasloes be seal.
8%3114-rural
,
.1 . Tire Seribbisr ST1i0*
• rec. addir.los see
corb.141•11 fir. •yriaklar contzarter.
nvtgt.-e
co.< stem.. m„„rs .„
_ .
• 717.
•
J
• i
IALI)(1' A.3-
/ • .
•-sr2rivt-,7
-17:711.^011-!
Wit$11.•,;g2ste at • •
4:;Cr aKollr,
•
-0E4 V:12 -
/ 7—