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Home My WebLink AboutC-2330 - License Agreement (for Non-Standard Improvements for 224 48th Street)�RFCORDING REQUEST,F,D_ _BY AND 82-174635 WHEN RECORDED " URNti_TO ,4_a,,._ftempt � W oft SIM City Clerk City of Newport Beach RECORD€F 3300 Newport Boulevard OF ORANGE P. 0. Box 1768 EXNPT PM Newport Beach, CA 92663-3884 C /_ A ' � RA ] LEE A. BRAN ,. SEAC�q, 9 4� ti m� pace aaove tnis line for reco LICENSE AGREEMENT is use only. • n" /,/THIS AGREEMENT is made and entered into this 12TH day of yt� i 1982, by and between the CITY OF NEWPORT BEACH, a municipal Corporation, hereinafter referred to as "CITY" and VINCENT. ZIMMERER, herein- after referred to as "OWNER" W I T N E S S E T H: WHEREAS, CITY administers a certain alley easement located in the City of Newport Beach, County of Orange, State of California, which easement is more particularly described in Exhibit "A" hereto and by this reference in- corporated within; and WHEREAS, OWNER owns that certain real property located on the corner of 48th Street and River Avenue in the City of Newport Beach, County of Orange, State of California, which real property is more particularly described as Lot 7, Block 47, River Section, as shown on a map filed in Book 4, page 25 of Miscellaneous Maps, Records of Orange County, California, and which real property is contiguous to the aforesaid alley easement as shown on Exhibit "A"; and WHEREAS, CITY desires to condition approval of construction of non- standard improvements over said alley easement; and WHEREAS, the parties hereto desire to execute an Agreement providing for fulfillment of the conditions required by CITY to permit OWNER to construct said non-standard improvements; NOW, THEREFORE, in consideration of their mutual promises, the parties hereto agree as follows: 1. It is mutually agreed that "non-standard improvements" shall be defined as any concrete block walls, landscaped planter areas and accompanying irrigation systems, patios and appurtenances within the alley easement. "Standard street improvements" shall be defined as asphalt concrete and/or portland cement concrete surfacing with only a "broom" or trowel finish. 2. CITY will allow OWNER to construct, reconstruct, install, maintain, use, operate, repair and replace said non-standard alley improvements and all facilities and appurtenances necessary and incidental thereto, all in substantial conformance with plans and specifications therefor on file in the CITY's Public Works Department of the City of Newport Beach, in, on, and across that certain alley easement described in Exhibit "A" hereto. CITY will further allow OWNER to take all reasonable measures necessary or convenient in accomplishing the afore- said activities. "J. OWNER and CITY further agree as follows: (a) OWNER shall construct and install non-standard alley improve- ments and all facilities and appurtenances necessary and incidental thereto, all in substantial conformance with plans and specifications therefor on file in the CITY's Public Works Department, in, on, and across those certain alley easement described in Exhibit "A" hereto. (b) OWNER shall maintain the aforesaid non-standard alley improve- ments and facilities in accordance with general prevailing standards of maintenance, and to pay all costs and expenses incurred in doing so. Should a dangerous or defective condition of said improvements occur, OWNER understands and agrees that they are responsible for such condition, and further agrees to proceed immediately to correct the condition.. CITY reserves to itself the right to make such emergency repairs to the improvements and facilities installed by OWNER pursuant hereto as it deems necessary for the immediate protection of the public health and safety. OWNER agrees to promptly reimburse CITY for the reasonable costs and expenses incurred by CITY in effecting such emergency repairs. (c) OWNER agrees to indemnify and hold harmless CITY, its officers, agents and employees from all demands, claims, losses or liability on account of injury or damage to persons or property suffered or claimed to be suffered as a result of the construction, use, maintenance or renewal of the non-standard street improvements. 4. OWNER agrees that if the CITY should ever need to use the easement over which the non-standard alley improvements are established, CITY can cause 82-174635 the improvements to be removed and face no liability to OWNER for the loss of use of the non-standard alley improvements. 5. deo breach of the covenants, conditions or restrictions herein contained shall defeat or render invalid the lien of any deed of trust, lease or lawful encumbrance made in good faith and for value, but all of said covenants, conditions and restrictions shall be binding upon and effective against any owner whose title is derived through foreclosure or trustee's sale or otherwise. 6. These restrictions, covenants and agreements may be modified, amended or terminated jointly by the parties hereto, or their heirs, assigns or successors, expressed. in writing and recorded in the Office of the County Recorder of Orange County, California. 7. The provisions hereto shall be deemed independent and severable, 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. 8. It is mutually agreed that this Agreement shall be binding upon the heirs, 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. 9. Each of the parties hereto specifically consent 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. 10. When notice is to be given pursuant to this Agreement, it shall be addressed as follows: City Owner City of Newport Beach Mr. Vincent H. Zimmerer Office of City Attorney 919 Bethany Road 3300 Newport Boulevard Burbank, California 91504 P. 0. Box 1768 Newport Beach, CA 92663-3884 82-174635 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. ATTEST: CITY OF NEWPORT BEACH a Municipal Corporation By Z��6 MaOr E o Tem City Clerk APPROVED AS TO FORM: City Attorney STATE OF CALIFORNIA) ) ss. COUNTY OF LOS ANGEL)s On March 12 , 1982, before me, the undersigned, a Notory Public in and for said State, personally appeared VINCENT' ZIMMERER, known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. Signature SEE ATTACHED JURAT ame (typed or Prin STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) On APPJC— 1?> 1982, before me, the undersigned, a Notary Public in and for said State, personally appeared WANDA ANDERSEN, known to me to be the City Clerk of the 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 there- in named, and acknowledged to me that such municipal corporation executed the within Instrument pursuant to its by-laws or a resolution of its Board of Directors. WITNESS my hand and official seal. Signature Name Typed or Printed AL DONALD (r DONALD L. WERR 1R. ' Notary Public - caiitornia � ORS NGS. CQUe$3Y o MCommission Expires Oct. 26,1983 if 82-174635 ASE' RAVER '=x r 1 /D.dO Fo4i ALLSY EA-MENT F wya ti• r � ��•:1,. .BLOCK WALL Ft SAH/GH STATE OF CALIFORNIA, ) COUNTY Orange } ss. of ) ON May 3, , 19_8 2 before me, the undersigned, a Notary Public in and for said State, personally appeared Evelyn Hart, Mayor Pro Tem known to me, y to be the person_ whose name_ is subscribed to the within Instrument, DCS®THY L. FI ,ALEN SEAL to and acknowledged to me that S he— executed the same. •ffi NOoAPY PUBLIC CALIFORNIA r, PRINCIPAL nFFi(l IN WITNESS my hand and official seal. My Comrniss Expires April 5, 1945 Notary Pub :i in and for said State. State of CALIFORNIA SS. County of LOS ANGELES GENERAL ACKNOWLEDGEMENT FORM Yl./'-/✓./ll-/-/l.%./l./✓'��✓_/.l�✓.l./✓.Y!./✓✓✓./lf,/./'.11llll.,/'J.11l./✓./' On this the 12th day of March before me, the undersigned Notary Public, personally appeared VINCENT H. ZIMMERER known to me to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto sgflpy hand and officials sw. y�r��o� rye OFFICIAL SEAL p JOSEPH C. SHELTON — NOTARY PUBLIC -CALIFORNIA Joseph , ,,Kelton PRINCIPAL OFFICE IN _ cqP LOS ANGELES COUNTY nR PdlyCommission Fxnirecl„wIa roan