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Home My WebLink AboutC-2305 - License Agreement (for Storm Drain Improvements for 930 Mariners Drive)Exm Pet RECORDING !,,EQUEFTED BY AND ao°�a� mmemtcdrequest3 WHEN RECORDED RETURN TO: BK 1 4 2 9 3 P G 1 3 3 4 City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 UONSINERATION RFC WE q zs �� DEC 2 1987 >ja f f f f Vf - NE4YPelu B RC61,, Il 19406 EXEMPT �7 -4 00 PM NOV 1.7 '81 U pace above this line for Recorder's use only LICENSE AGREEMENT THIS AGREEMENT, made and entered into this day of 1981, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY," and J. H. HANDY, hereinafter referred to as "OWNER," is made with reference to the following facts: A. CITY owns certain public street rights-of-way (hereinafter referred to as "rights-of-way") located in the City of Newport Beach, County of Orange, State of California, which "rights-of-way" are more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein. B. OWNER owns that certain real property located at 930 Mariners Drive in the City of Newport Beach, County of Orange, State of California, which real property is more particularly described as Parcel 1 of Resub- division 559, as shown on a map filed in Book 129, page 4, of Parcel Maps, Records of Orange County, California, and which real property is contiguous to the aforesaid rights-of-way. C. These rights-of-way also contain public utility easements. D. CITY has water, sewer, street light, and storm drain facilities located within said rights-of-way. E. CITY desires to condition approval of construction of a private storm drain over a portion of said rights-of-way containing said utility facilities. F. 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 private storm drain. NOW, THEREFORE, in consideration of their mutual promises, the parties hereto agree as follows: - 1 - BK 1 4293P 1335 1. DEFINITION "Private storm drain" (hereinafter "improvements") shall be defined to include a 12 -inch -diameter reinforced concrete pipe storm drain and appurtenances. 2. RIGHTS OF OWNERS 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 rights-of-way described in Exhibit "A" hereto, subject to CITY's issuing an encroachment permit to perform the aforementioned work. 3. 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 OWNER fails to maintain the improvements properly and/or regularly, 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. 4. 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 reimburse CITY promptly for the reasonable costs and expenses incurred by CITY in effecting such repairs. 5. RESTORATION Should CITY be required to construct, maintain, remove, repair, renew, replace or enlarge the wager, sewer, storm drain or other public facili- ties within said rights-of-way, 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 sixty (60) days from notice to OWNER that CITY has com- pleted its work; and (b) OWNER agrees to pay any costs of restoration of the improvements. - 2 - BK 14293po 1336 6. 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. 7. BREACH 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 remove all or part of the improvements installed by OWNER within rights-of-way. 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. 8. SEVERABILITY The provisions of this Agreement are independent and severable, and the invalidity or partial invalidity or unenforceability of any one pro- vision or portion thereof shall not affect the validity or enforceability of any other provisions hereof. 9. RECORDATION Each of the parties hereto specifically consents to the recorda- tion 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. 10. 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. 11. NOTICE When notice is to be given pursuant to this Agreement, it shall be addressed as follows: - 3 - CITY City of Newport Beach Office of City Attorney 3300 Newport Boulevard Newport Beach, CA 92663 BK 1 4293P 133 OWNER J. R. Handy 711 West 17th Street Costa Mesa, CA 92627 Notice shall be deemed given as of the date of mailing when notice is properly addressed and mailed with first class postage prepaid. EXECUTED the day and year first above written at Newport Beach, California. ATTEST: City Clerk APPROVED AS TO FORM: C ty Attorney -4- CITY OF NEWPORT BEACH, a Municipal Corporation J. R. HANDY RLH/i d 10/14/81 BK 1 4293p 1333 STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE ) On llyl� O, 1978, before me, the under- signed, a o, y Nblic in and for said State, personally appeared 1. , known to me to be the v. M or nd 4i _ known to me t e th City Clerk oT he Municipal Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the Municipal Corporation therein named, and acknowledged to me that such Municipal Corporation executed the within Instrument pursuant to a resolution of its City Council. and official seal. /6WD�, otary Publio5rin and for sa tate On , 1978, before me, the under- signed, a Notary Public in and for said State, personally appeared known to me to be the President and , known to me to be the Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE ) On 1978, before me, the undersigned, a Notary Public in and for said State, personally appeared , whose name is subscribed to the within Instrument and acknowledged that executed the same. WITNESS my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE ) Zi �•Y �6F p^u�•J �F S3. .•✓ DORM H7 L P I ''-�N NOTARp�Y! 111j5 ICU �J%HA 19 v , before me, the undersigned, a No ary P blic in and for said State, My Corlmi=ion Fx ;ti! 5, 1565 6 C. STATE OF CALIFORNIA) Instrument and acknowledged ) ss: COUNTY OF ORANGE ) and official seal. /6WD�, otary Publio5rin and for sa tate On , 1978, before me, the under- signed, a Notary Public in and for said State, personally appeared known to me to be the President and , known to me to be the Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE ) On 1978, before me, the undersigned, a Notary Public in and for said State, personally appeared , whose name is subscribed to the within Instrument and acknowledged that executed the same. WITNESS my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE ) l On 19 v , before me, the undersigned, a No ary P blic in and for said State, personally appeared 6 C. , whose name is subscribed to the within Instrument and acknowledged that _ executed the same. Y CrFICs_AL SEAL LZ yEP, " LAM/`,R H ST EWART 'Notary -Public in and for said State 5 a w ,y NOTARY PUBLIC - CALIFORNIA ORARNOE COUNTY Ply comm. expires JAN 17, 1985