HomeMy WebLinkAboutC-1395(A) - Encroachment Agreement (for 633 Via Lido Soud)RECORDING REQUESTED ANJ
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
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Ora County, California
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ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into this �.4day
, 1995, by and between 633 Lido Partners, L.L.C.
WNER"), and the City of Newport Beach, California, a munic
organized and existing under and by virtue of its Charter arA
Constitution and the laws of the State of California, (herei
WITNESSET H:
WHEREAS, OWNER desires to construct certain non-standard improvements
(hereinafter "PERMITTED IMPROVEMENTS") within a portion of an existing 4-
foot public utility easement serving Lot 11, Tract 907 (hereinafter
"EASEMENT"), as shown on a map recorded in Book 28, Page 28 inclusively of
Miscellaneous Maps in the office of the County Recorder of Orange County,
California; also known as 633 Via Lido Soud, Newport Beach, California; and
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 the Easement; 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:
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1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be
defined as grouted used brick over 3.5" thick concrete driveway approach and
appurtenances 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 the Easement, 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.
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c. If Cit; r other public facilities o_ mprovements 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 Easement to
exercise its primary rights associated with said Easement, 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 EASEMENT 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.
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6. OWNER shall i smnify and hold harmless CIT 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:
ATTEST:
City Attorney
City Clerk
CITY OF NEWPORT BEACH,
a Municipal corporation
By:
OWNER:
By:
633 Lid• Partne s, L.L.C.
4
STATE OF CALIFORNIA
) SS:
COUNTY OF ORANGE )
On f /�% ' - / d , 1995, b f r@ me,/62a4a ` / %7 ' `
personally appeared �a/Y/P.S , %'/Cc/1 ('o�//jfspersonally known to me (or proved
on the basis of satisfactory evidence) to be the personNwhose
name are subscribed to the within instrument and acknowledged to me
that � iher/they executed the same iher/their authorized
capacity(i,),, and that by(her/their signature `s) on the instrument the
person or the entity upon behalf of which the persons acted, executed
the instrument.
to me
WITNmy hand and officiseal.
Notary Public ina for maid State
STATE OF CALIFORNIA )
SS:
COUNTY OF ORANGE )
Shauna Lyn Oyler g
Comm #1002681 �
NOTARY PUBLIC CALIFORNI `q„"
ORANGE COUNTY ll))
Comm. expel) Aug. 22, 1907 ;+
(This area for official notarial seal)
On / 99sT 119y, be owe me\
personal appeared / jr°sonally known to e (or proved
to me on he basis of satisfac ory evidence) to be the perso s) whose
name`s is re subscribed to the within instrument and acknowledged to me
that his
executed the same i is/her e authorized
capacit.( - and that by his/hey '- signature ��i on the instrument the
perso tepor the entity upon behalf of which the persons (is acted, executed
the instrument.
WITNESS hand and official seal.
Notary Public in and f said ate
seal)
F:\WP51\GILBERT\AG\LLC.95
Le-coa__
Shauna Lyn Oyler?
Comm #1002681
NOTARY PUBLIC CALIFORNI
ORANGE COUNTY l)
Comm Expires Aug. 22, 1997 "
(This area for official notarial seal)
5
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