HomeMy WebLinkAboutC-5626 - Encroachment Agreement EP99-447 for 888 San ClementeI
RECORDING REQUESTE .ND
WHEN RECORDED RETURN TO
Public Works Department
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
v
Recorded in the County of Orange, California
3ary L Granville, Clerk/Recorder
No Fee
004 00025124 20000021385 2;11P1 01/12/00
003 06 0 0.00 0.00 0.00 0.00 0.00 0.00
8.00 0.00
hoc Types: 003
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(EP99-447)
THIS AGREEMENT is made and entered into this � day of LGn._ ,
1999, by and between The Irvine Company, a Delaware Corporation, (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 and the laws of the State of California,
(hereinafter "CITY"). OWNER is the owner of property located at 888 San Clemente Drive,
Newport Beach, California and legally described as Parcels 1, 2, ar d 3 of Parcel Map 82-712,
as shown on a map recorded in Book 175, Pages 22 through 24 and inclusively of Parcel
Maps in the office of the County Recorder of Orange County, California.
WITNESSETH:
WHEREAS, OWNER desires to construct and maintain certain non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within San Clemente Drive,
Santa Barbara Drive, and Bombero Drive right-of-way (hereinafter "RIGHT-OF-WAY") tha' is
located adjacent to 888 San Clemente 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 agreen-,�nt 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
iov
'�, f'
1. It is mutually . greed that PERMITTED IMPROVL..,ENTS shall be defined as
landscaping (i.e. trees, &irubs, ground cover, and irrigation), and appurtenances in the San
Clemente Drive, Santa Barbara Drive, and Bombero Drive right -of -away as shown on EXHIBIT
"A" attached hereto, subject to conformance to City Council Policy, and as approved by the
City Engineer. In addition, all shrubs shall have a maximum height of 30-inches. In addition,
the proposed PERMITTED IMPROVEMENTS may vary at the time of construction. Hence,
any changes must be approved by the City Engineer and shall be shown on the "As Built"
plans.
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 private -owned or CITY -owned pipeline, conduit or cable located in or under said
PERMITTED IMPROVEMENTS, except as otherwise provided herein.
c. If private -owned, 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. Should the 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
2
maintenance, removal, reps, , renewal, replacement or enlarger,_. it 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; if and to the extent desired by the OWNER and approved by
the CITY.
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 or condition of this Agreement, the prevailing party shall be entitled to reasonable
attorneys fees and costs incurred.
6. OWNER shall defend, 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, conf.,truction, maintenance, or
continued existence of the PERMITTED IMPROVEMENTS.
7. OWNER agrees 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.
3
IN WITNESS WHb aOF, the parties hereto have caused this Agreement to be
executed on the day and Year first -above written.
APPROVED AS TO FORM:
By:
f City Attorney
ATTEST:
City Clerk
CITY OF NEWPOR 1 BEACH,
a Municipal corporation
By: .
City anager
OWNER: The Irvine Company, a Delaware Corporation
(Authorized Signature/Title)
W.
as
Ronald J. Keith
Vice President of Development
Irvine Industrial Company,
a Division of The Irvine Company
wJames epan
ipresiden nd General Counsel
Irvine Office Company,
a Division (,,f The Irvine Company
STATE OF CALIFORNIA ',
)ss -
COUNTY
ss:COUNTY OF ORANGE )
On l'3 , 1999, before me, j�LhnvA-rf h. ?cj.pct-�j (,c)
personally appeared >QouA-Lo --i - kuo sjtwEs G. Snep,"j personally
known to me ( ) to be the person(s)
whose name(s) .-is/are s(.:bscribed to the within instrument and acknowledged to me that
he/s•h•e/they has executed the same in -het-/their authorized capacity(ies), and that by
h+s�/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. dbwd
DEBORAH A. DUNCAN
—j
Commission # 1171470
r Notary Public - California z
Z
Orange County
Notary Public in and for said StateLw.-q�� F
My Comm. Expires ion 29,2002
(This area for official notarial sea[)
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On AMIAf-q � Z -WO
1.99' , before
�
me, 1UANi V,
personally appeared � 0 mO— L. P>UnDMA
�OtI09 M 4Ak
` personally
known to me
�'
�i �; e) to be the person(p
whose na e is/ re ubscribed to
he/she/ he has the
the within instrument and acknowledged to me that
in his/her/
executed same
lei authorized
es
capacity and that by
his/her hei ignatur (s on the instrument the persos) r the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
? � t'
LEI V, NFS
Com ' sion # 170960
NO -0 PUDlic aliforn' z_
>
range Co my
Notary Public in and for said State
`.Expires1 5,2002
(This area for official notarial sea[)
LEILANI V. INES
Commission # 1170960 Z
No-ory Public - Californla
Orange County
My COmm. Expires Jan 25, 2002
3F:\USERS\PBW\GWONG\WP51 VWG\I RVI NECOEP99-447FASHION ISLAND. DOC
5
( .
Z z[ p F,t
t 5Z 1 cri
31N3W317
.,r I1. ;..-il l r ;i ll!il fi li :I —,r R„'a __=_ _-; — '•-.�
!' i ! i :til = — —' �T _ — '=�`•��r '•r:%a-�,.�-_� ,E_, r ;i,
. !.!. :..• ,.f — jam',:
� ! ,_ ,,' �_, rtiE4 I •I' j. _ o �'� ,fes- ,
F. F' S, I ,� — i ,ire• _ �±.'.
'14{! RA4 t-
: t: Cree- j
15
1ICS
tX
/ {
-- ,-� •� -jam .;� { � _`= `:� '�• I:'!-` �� _;<
i3F {:. r - f �- IAF$ \ ,� .-� �� \ �� • _sII : .r
c j � � a i gx ii � � k . � r t. ' � �` • `�
E Nor, a 1 � {. ! •: �-� :�` �-r� _rt -r. s ` • .� ��
��. ,� :• jl:u:. ,. I11 I i l 1
0