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Home My WebLink AboutC-4101(A) - Encroachment Agreement (for 3000 West Coast Highway)RECORDING REQUESTED iD WHEN RECORDED RETURN TO: (3 City Clerk r.. City of Newport Beach Post Office Box 1768 3300 Newport Boulevard U Newport Beach, CA 92659-1768 Recorded in t! County of Orange, California Gary L. Gray.✓ille, Clerk/Recorder ui 111111 IIII IIIII 11 I HUI II II 25.00 19960611744 3:29pm 12/03/96 008 14007481 14 23 Al2 7 7.00 18.00 0.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT rl/ THIS AGREEMENT is made and entered into this /6 , day of G2G 7: 5,e , 1996, by and between Wayne M. and Carol E. Minor dba Sterling BMW,(hereinafter "OWNER") whose business address is 3000 West Coast Highway, Newport Beach, CA, and whose residence address is 4080 Park Avenue, Hemet CA 92544, 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 3000 West Coast Highway, Newport Beach, CA and legally described as Parcel 1 of Parcel Map 87-106, recorded in Book 227, page 10, of the Miscellaneous Maps in the office of the County Recorder of Orange County. WITNESSET H: WHEREAS, OWNER desires to construct certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within the West Coast Highway frontage right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to Parcel 1, of Parcel Map 87-106, as shown on a map recorded in Book 227, Page 10, of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 3000 West Coast Highway, Newport Beach, California; and WHEREAS, City has no obligation to permit OWNER to place the permitted improvements in the public RIGHT-OF-WAY and said PERMITTED IMPROVEMENTS may interfere in the future with CITY'S ability to enlarge, construct, operate, maintain, and replace the public roadway and other public facilities and improvements within RIGHT-OF-WAY; and 1 WHEREAS; the ,arties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to construct and maintain said PERMITTED IMPROVEMENTS. CITY would not permit OWNER to do so without OWNERS agreement to the conditions stated herein; NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a monument sign, 23 feet tall and seven feet (7') two and one half inches (2 1/2") wide and appurtenances to be located 10 feet behind existing sidewalk in the West Coast Highway 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 30 days' written notice that the CITY intends to utilize that portion of the property on which the sign is installed for street or other public purposes. 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. 2 b. OWN—< 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- WAY, including but not limited to, the maintenance, removal, repair, renewal, replacement or enlargement of existing or future public road right-of-way or other public facilities or improvements, OWNER agrees to remove 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 the removal and relocation of the PERMITTED IMPROVEMENTS affected by such work by CITY; (iii)OWNER agrees to pay all costs for relocation and 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. 3 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. 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 : City Attorney ATTEST: By: (' 1 l''70-) 1\1016,,, City Clerk CITY OF NEWPORT BEACH, a Municipal corporation By: 4 STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE On (AC / (p , 1996, before me, L-i/7d , „ W0°/-r»A^✓ personally appeared L(Jfk ,� e 7?2 inl o e personally known to me (or provda 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. GC (L.,,„J Notary Puin and for said State STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE (This area for official notarial seal) CINDY ELLERMAN COMM.#1071794 Notary Public California al ORANGE COUNTY My Camission 6q).1O1O6I99 K On oClo rlt-� ,,, 1996, fore me, (17;cly 2/4'97i77,4"K personally appeared l _ _Ok, / 02 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. in and for said State F:\WP51\GILBERT\AG\sterling.96 (This area for official notarial seal) CINDY ELLERMAN COMM.#1071794 Notary Public California N, ORANGE COUNTY My Co nassonbp.1O/O6/99 K 5 Other: State of California County of Orange On ,�/"a-% before me, Irene Butler, Notary Public, personally appeared personally known known to me - OR - Comm. 01008878 TARY PUBLIC CALIF ORANGE COUNTY Comm. Expires Nov. 11, 1997 i X proved to me on the basis of satisfactory evidence to be the person() whose name(s) is!are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(sion the instrument the person(5), orthe entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Limited Partner General Partner Attorney -in -Fact Trustee(s) Guardian/Cdnservator 44/4C(e-eZ Date of Document Title or Type of Docu ent c Signor is Representing: Number of Pages Signer(s) Other Than Named Above L— e • �I. yl a-n F-.9 �-s PROPOSED SIGN LOCATION