HomeMy WebLinkAboutC-2207 - License Agreement (for Non-Standard Street Improvements for 418 Carnation Avenue)0
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RECORDING REQUESTED BY AND
WHEN <CORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
WE Space
CITY CLERK l ;,
OCT 15 1981 P
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LICENSE AGREEMENT
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CALIF,
HIS AGREEMENT, made and entered into this �_ day of
1981, by and between the CITY OF NEWPORT BEACH, a municipal corporation, here-
inafter referred to as "City," and LEO AND KATHLEEN TURGEON, hereinafter
referred to as "Owner," is made with reference to the following facts:
A. City owns certain public street rights-of-way (hereinafter "easements")
located in the City of Newport Beach, County of Orange, State of California,
which easements are more particularly described as First Avenue.
B. Owner owns that certain real property located at 418 Carnation Avenue
in the City of Newport Beach, County of Orange, State of California, which
real property is more particularly described as Lot 20, Block 331, Corona del
Mar as shown on a map filed in Book 3, page 41, of Miscellaneous Maps, Records
of Orange County, California, which real property is contiguous to the
aforesaid easements.
C. City desires to condition approval of construction of any nonstandard
street improvements and structural encroachments over a portion of said
street easement.
D. The parties hereto desire to execute an agreement providing for
fulfillment of the conditions imposed by City on Owner as a precondition for
the granting of permission to construct the nonstandard street improvements and
structural encroachments.
NOW, THEREFORE, in consideration of their mutual promises, the parties
hereto agree as follows:
1. DEFINITIONS
"Nonstandard street improvements" (hereafter "improvements") shall be
defined to include landscaped areas, and street or sidewalk surfacing which
is not constructed of asphaltic concrete or natural colored Portland cement
concrete and/or finished in a customary fashion, and "structural encroachments"
shall be defined to include steps and a walkway parallel to said easements,
which encroach one foot into said easements. �1 1
2. TERM
BK 144p -G 1490
Rights granted under this agreement shall terminate twenty (20)
years from the date of execution, unless earlier terminated as provides
herein. In the event that City desires to use the easement for street
purposes, City may terminate this agreement by giving 60 days' notice of
its intention to do so, specifiying in said notice the date of termination.
City shall incur no liability whatsoever in the event of the termination of
this agreement, early or otherwise, and/or consequent removal of improvements
by City.
3. RIGHTS OF OWNER
Owner may construct, reconstruct, install, maintain, use, operate,
repair and replace said improvements, all in substantial conformance with
plans and specifications therefor on file in the City's Public Works
Department, in, on and across those certain easements described in paragraph
"A" above.
4. OWNER'S DUTIES
Owner shall properly and regularly maintain the improvements and
shall timely pay all costs and expenses incurred in doing so. In the event
that owners fail to properly and/or regularly maintain the improvements, City
may at its option, assume the maintenance of the improvements and Owner, agrees
to pay all costs incurred by City in maintaining the improvements.
5. REPAIRS
City has the right to make such repairs to the improvements as it
deems necessary for the protection of the public health, welfare and safety.
Owner agrees to promptly reimburse City for the reasonable costs and expenses
incurred by City in effecting such repairs.
6. RESTORATION
Should City be required to enter onto the easements to construct,
maintain, remove, repair, renew, replace or enlarge said improvements and
structural encroachments, the City may remove all or part of the improvements
and in such event:
(A) Owner shall restore the improvements to their condition prior
to removal by the City, said restoration to be completed within 60 days
from notice to Owner that City has completed its work;
(B) City agrees to bear the portion of the costs of the restoration
of the improvements to the extent such costs would have been incurred
had standard street improvements been installed by Owner;
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(C) Owner agrees to pay any costs of restoration of the improvements
in excess of the costs to be paid by City.
7. INDEMNIFICATION
Owner agrees to indemnify, defend, and hold City, its officers,
agents and employees harmless from all demands, claims, losses or liability
that arise out of or that are in any way related to the construction, use,
maintenance or restoration of the improvements.
8. BREACH
In the event either party breaches any material provision of this
— agreement, the other party at its option may,i'n 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 or condition of this agreement, the prevailing party shall be
entitled to reasonable attorney fees and costs incurred.
9. SERVABILITY
The provisions of this agreement are independent and servable,
and the invalidity or partial invalidity or unenforceability of any one
provision or portion thereof shall not affect the validity or enforceability
of any other provisions hereof.
10. RECORDATION
Each of the parties hereto specifically consents to the recordation
of this License Agreement in the office of the County Recorder of Orange
County, California, and the covenants, restrictions and charges hereunder,
and all their benefits and burdens, shall run with the land, pursuant to
Section 1468 of the Civil Code of the State of California.
11. ASSIGNMENT
The terms and conditions of this agreement shall be binding upon the
successors and assigns of Owner, and shall also be binding upon owners who
take title to the property by reason of foreclosure, trustee's sale, or
otherwise.
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