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Home My WebLink AboutC-9034-1 - Encroachment Agreement EPN N99-396 for 3 Half Moon Bay Driver RECORDING REQUESTFE ND WHEN RECORDED RET-A',RN TO: 67 Public Works Department I City of Newport Beach V Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 Recorded in the County of Orange, California Gary L. Granville,IIIIIIIIIIIIIIII IIIIIIIIIIIIIIIII Clerk/RecorderOFee IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 952 2:18 19990828 m 12/03/99 p 005 14029642 14 61 Al2 6 6.00 15.00 0.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENTAGREEMENT (EP99-396) eo THIS AGREEMENT is made and entered into this ' day of %� 0 1999, by and between Burt Rahavi (hereinafter "OWNER"), and the City of Newport Beach, California, a municipal corporation organized and existing under art by virtue of its Charter and the Constitution and the laws of the State of California, (hereir,� fter "CITY"). "OWNER" is the owner of property located at 3 Half Moon Bay Drive, Newport Each, California and legally described as Lot 43, Traci 7510, as shown on a map recorded in Book 292, Pages 17 to 21 inclusively of Miscellaneous 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 the Half Moon Bay Drive right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to 3 Half Moon Bay 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 par ies hereto desire to execute an agreeiiient 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 1. It is mutually G,,reed that PERMITTED IMPROVEK._NTS shall be defined as a grouted stone over 3.5-inches of concrete landing, stone masonry mailbox, and appurtenances in the Half Moon Bay Drive right-of-way as shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. 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" .)cans. 2. CITY will perms. OWNER to construcqt, 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 will" plans and specifications therefor on file in the CITV3 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. In addition, no landscaping shall obstruct view to the adjacent residents. 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 R GHT-OF-WAY to exercise its primary rights associ-a-ied with said RIGHT-OF-WAY, including but not limited to, tile maintenance, removal, repair, renewal, replacement or enlargement of existing or future public 2 facilities or improvements, t,. i'Y may remove portions of the PE, _.,,IITTED 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 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 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, cor,!�:ruction, maintenance, or continued existence of the PERMITTED IMPROVEMENTS. 7. OWNER shall accept the fact that surface drainage water may enter onto the "SUBJECT PROPERTY" from "RIGHT-OF-WAY" located in the City of Newport Beach, County of Orange, State of California, as depicted on Exhibit "A" attached hereto, whether naturally or as a result of the development or improvement of the "RIGHT-OF-WAY". 8. OWNER shall accept and waive any and all liability for any damages to the "SUBJECT PROPERTY" caused by the flow of such surface drainage water onto the "SUBJECT PROPERTY". OWNER shall defend, indemnify, waive, and hold harmless CITY, its 3 City Council, boards and cu,,imissions, officers and employees „,)m 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 zo surface drainage water entering the "SUBJECT PROPERTY" from the "RIGHT-OF-WAY". 9. OWNER agrees, that this Agreement shall remain in lull 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: n `PORN" City Clerk CITY OF NEWPORT BEACH, a Municipal corporation OWNER: By: )4j Y. City Plan4ger By: Burt Rahavi rd STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On / — , 1999, before personally appeared personally known to me (or roved to me on the basis of satisfactory evidence to be the persoro qsrson se name(0 i /are subscribed to the within instrument and acknowledged to me that she/they ha executed the same in his/ er/their authorized capacity>�, and that by her/their signature(') on the instrument a person(* or the entity upon behalf of which the acted, executed the instrument. WITNESS my hand and official seal. otary Public in and for said State (This area for official notarial seal) STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) ,,(��p��Y'•Z DONNA L. HOKANSON Comm. #1176900 CJ IH NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY „a r My Comm. Expires Mar. 20, 2002 On ovtm%i / , 1999,/ before me I lI(�►�'� 4- � 3 personally appeared A v K. HV V S5 personall. known to me ( to be the person( whose name( is/ & subscribed to the within instrument and acknowle ed to me that he/she/ a has executed the same in his/her hei authorized L.,apacit ie , and that by his/her eir ignatur s n the instrument the perso s) r the entry upon behalf of which the person cted, executed the instrument. WITNESS my hand and official seal. - - - - - - - - > LEILANI V. INES Commission # 1170960 z Z ,F_ No,aryPublic - California D GQ, Orange County My Notary Public in and for said State C vnm. Expires Jan 25, 2002 (This area for official notarial seal) F:\USERS\WP51\GILBERTIAG\RAHAVIEP99-396SPYGLASS.DOC 5 Esi �c tu A 7-� x x cl 5XI-11BIT IA"