Loading...
HomeMy WebLinkAboutC-9070-1 - Encroachment Agreement EPN N99-170 for 1444 West Bay AvenueRECORDING REQUESTED `ND Q WHEN RECORDED RETUF,. , TO: r Q Public Works Department City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 Recorded in the Cc y of Orange, California Gary L. Granvil— , Clerk/Recorder 1111111111111111111 Jill 24 , 00 005 19010043 199990448205 2;52pm 06/16/99 33 Al2 7 6.00 18.00 0.00 0.00 0.00 0.00 Space above this line for Recorder's use only. gr "jS ENCROACHMENT AGREEMENT �jsp�. f rl (EP99-170) r t THIS AGREEMENT is made and entered into this day of C ttw , 1999, by and between Fred Woodworth; hereinafter "OWNER", ind the City of Newport Beach, California, a municipal corporation organized and existinr; ender 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 1444 West Bay Avenue, Newport Beach, California and legally described as Lot 1, Block 1, Tract 626, as shown on a map recorded in Book 30, Pages 40 and 41 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; W I T N E S S E I H: WHEREAS, OWNER desires to construct and maintain certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within 15th Street right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to 1444 West Bay Avenue, Newport Beach, California; WHEREAS, said PERMITTED IMPROVEMENTS may inrk:.rfere in the future with CITY'S ability to restore beach, construct, operate, maintain, arl:, replace storm drain and other CITY and public fac:.ities 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 and maintain said PERMITTED IMPROVEMENTS; 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 12- inch high masonry planter, landscaping, and appurtenances in 15th Street right -of -away as 1 shown on EXHIBIT "A" atta ,d hereto, conform to City Council ilicy L-8, and as approved by the City Engineer. In addition, all landscaping (including the planter) shall have a maximum height of 24-inches. In addition, the proposed PERMITTED IMPROVEMENTS may vary at the time of construction. Hence, any changes must be approver; ;jy 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. OWNED 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. That 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 maintenance, removal, repair, renewal, replacement or enlargement of existing or future 2 public facilities or impro nents, CITY may remove poi ns 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 re ,oval 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 defend, indemnify and hold harmless CIT`!, its City Council, boards and commissions, officers and employees from and against any ar,� all loss, damage, liability, claims, suits, costs and ;xpenses 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 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 WHE OF, the parties hereto have ca 31 this Agreement to be executed on the day and year first -above written. APPROVED AS TO FORM: City Attorney City Clerk F:\USERS\PBW\GWONG\WP51WG\WOOL XORTHEP99-170BP.DOC CITY OF NEWPORT BEACH, a Municipal corporation OWNER: I-- role'* -City anager By, Fred Woodworth N -L kQ 7-77 i � Ito, TH 1-5 -5 T. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } County of �Q`"r` c'�- ss. J n C�, T ` On � I 1 , before me, Date Nam and Title of Officer (e.g., "Jane Doe, Notaryfu is") personally appeared Name(s) of Signer(s) CATHY FISHER t Commission # 1174329 1Z Notary Public - California Orange County \ ? . fia h.1y Comm, Expires Feb 21, 2002 X proved to me on the basis of satisfactory evidence to be the person(sy whose nameN(S)/are subscribed to the within instrument and acknowledged to me thaGei /the/they executed the same in is er/their authorized capacity(ie�j, and that by Q'her/their signature(kon the instrument the person, or the entity upon behalf of which the personN acted, executed the instrument. WI SS my hand and official seal. Place Notary Seal Above Signa re of otary ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: _ ment C\v Document Date: `"�� V )v - --- , Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: v Number of Pages: CA? gii-00 RIGHT THUMBPRINT OF SIGNER .. of thumb here © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of UraVl� ss. On 6'�" 1� before me, �ei l%n� V • + I I V Date 1_,, I / d �,�,,nName and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared N�vy►�i� V i✓W AO Name(s) of Signer(s) LEILANI V. INES Commission # 1170960 9 No-aryPUoIIC - Cdlifornia i Z " ` _7 Orange County NAv �rr. Expires Jon 25, 2002 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s}- whose name(* is/are subscribed to the within instrument and acknowledged to me that he/s� executed the same in his/48 if authorized capacityoesj- and that by hislherlthQ+l; signature(F+on the instrument the person(4&), or the entity upon behalf of which the person(4 acted, executed the instrument. WITNESS my hand and official seal. y. 4w,�7 Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document �� �� J l Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827