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Home My WebLink AboutC-9210-1 - Encroachment Agreement EPN EP97-276 for 1200 West Bay AvenueRECORDING REQUESTEL ,-:ND WHEN RECORDED RETURN TO: Public Works Department Cr City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder 1111111111IIIII IIII 1111 No Fee 19980901278 09 ; 24am 12/30/98 005 29010410 29 57 Al2 6 6.00 15.00 0.00 0.00 0.00 0.00 Space above this line for Recorder's use only. I ENCROACHMENT AGREEMENT (EP97-276) THIS AGREEMENT is made and entered into this I`? �� day of �?,''C-1n1��'' 1997, by and between Ron Labowe; hereinafter "OWNER", and the City of Newport Beach, California, a municipal corporation organized and existing under 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 1200 West Bay Avenue, Newport Beach, California and legally described as Lot 11, Block,; 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; WITNESSETH: WHEREAS, OWNER desires to construct and and maintain certain non-standard Impro�/elrlerltJ (here lnallel "i ��iV11T I LD IMP \V V LIVII-N 1 J"� �Vltl Iln West LSay 'venue and 12th Street right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to 1200 West Bay Avenue, 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 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 1. It is mutually agreed that PERMITTED IMPROVElviENTS shall be defined as grouted stone masonry with 12" concrete bands driveway approach/sidewalk, landscaping (3- feet maximum height), and appurtenances in West Bay Avenue and 12th Street right -of -away as shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. 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 OVA/NFR 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 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 reaUired 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 public facilities or improvements, CITY may remove portions of the PERMITTED IMPROVEMENTS, as required, and in such event: 2 (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, 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. IN WITNESS WHEREOF, the parties executed on the day and year first -above written. hereto have CaL!sed this Agreement to be 3 APPROVED AS TO FORM: By: City Attorney City Clerk CITY OF NEWPORT BEACH, a Municipal corporation OWNER: By - City Manager By:z� - Ron Labowe 4 STATE OF CALIFORNIA ) ss: COUNTY OF 1 On Sc_PItem beP- 1997, before me, q)o,2 o T H J M CC A W personally appeared ton" I� '7 Le bows personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they has executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. r oak'� -14 c-, cA----' Notary Pu Ic in and for said State (This area for official notarial seal) STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) DOR07HY MC LAIN Commisslon # 1129304 NarosAngeWs � QMWOPROPMUM - — %wCMMBVrftMar11,20D1 On before me 1�;1�it�ii `I �✓l�s personally appeared personally known to me (cif-pr-ev� te--me---an-the-bas-i-s--ef-s��->evideme) to be the person(owhose names) is/are-subscribed to the within instrument and acknowledged to me that he/sha4hey has executed the same in his/her-f#heir-authorized capacity(i&s-); and that by his/hedtheir signature(s) on the instrument the person( or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. d ' -1, j' XGvv� � , c vv�'� Notary Public in and for said State F:\USERS\PBW\GWONG\WP51\AG\LABOBP97.DOC (This area for official notarial seal) i4r/I►��A LEILANI V. INES Commission # 1170960 No-ary PurAc - California Orange County ir OMY C"Xnm. Expires Jan 25, 2CQ2 E NEW ')RT BAY j BL IC EACH .. > 2 STORY RESIDENCE OAC Ac (' J LANDSCAPE i 1200 WEST BAY AVE. PACER =TFC-fS STONE MASONRY AT rIRLDS, TYP. 1 12" WIDE C-ONI '. BANnB, TYP. . SOS 3OTI< ST. 707 .O...ujNER: PON TRANA LA50WE HC -POHT CC.CN ti0 12614 NESBY < < , ��NORTH HOLLYWOOD, CA gl6ml 1213) 8-1i-1629 (71-1 675 94.60 ,5XHIBI T "A "