HomeMy WebLinkAboutC-9166-1 - Encroachment Agreement EPN N2002-0223 for 1666 San Miguel DriveRECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
Post Office Box 1768
Newport Beach, CA 92659-1768
Recorded in Official Records, County of Orange
Darlene Bloom, Interim Clerk -Recorder
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ENCROACHMENT AGREEMENT
(EPN2002-0223)
THIS AGREEMENT is made and entered into this ,P�,7%� day of
2002, by and between The Irvine Company (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"). The Irvine Company. 550 Newport Center Drive, P.O. Box I, Newport
Beach, CA 92660 and is the OWNER of the property located at 1666 San Miguel Drive,
Newport Beach, California 92660 (Union Bank building) and legally described as Parcel 4 of
Resubdivision Number 284, as shown on a map recorded in Parcel Map Book 35, Pages 1-2,
inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County,
California.
WITNESSETH:
WHEREAS, OWNER desires to construct certain non-standard improvements
(hereinafter "PERMITTED IMPROVEMENTS") within the San Miguel Drive right-of-way
(hereinafter "RIGHT-OF-WAY") that is located adjacent to Parcel 4, Resubdivision 284, as
shown on a map recorded in Parcel Map Book 35, Pages 1-2, inclusively of Miscellaneous
Maps in the office of the County Recorder of Orange County, Califomia; 92660 also known as
1666 San Miguel Drive, Newport Beach, California 92663; and
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. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as, 1
Y2" diameter Steel hand rail (not to exceed 34" in height), Concrete monument sign and
appurtenances in the San Miguel Drive right-of-way as shown on EXHIBIT "A" attached hereto
and as approved by the Public Works Department. In addition, the proposed PERMITTED
IMPROVEMENTS may vary at the time of construction. Hence, any changes must be
approved by the Public Works Department 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. OWNER may construct and install PERMITTED IMPROVEMENTS and
appurtenances incidental thereto, in substantial conformance with plans and specifications
therefore 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
2
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 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 a
public facilities or improvements, CITY may remove portions of the PERMITTED
L
IMPROVEMENTS, as required, and in such event:4-1
(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, 4E
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replacement, or restoration of the PERMITTED IMPROVEMENTS t T
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affected by such work by CITY.
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(iii) CITY agrees to bear only the cost of any removal of the
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PERMITTED IMPROVEMENTS affected by such work by CITY. D s
(iv) OWNER agrees to pay all costs for renewal, replacement, or 0 g
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restoration of the PERMITTED IMPROVEMENTS.
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5. In the event either party breaches any material provision of this Agreement, t eh
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 hereto have caused this Agreement to be
executed on the day and year first above written.
APPROVED AS TO FORM:
By.
AT
By
City Clerk
STATE OF CALIFORNIA )
CITY OF NEWPORT BEACH,
a Municipal corporation
By. /� �-
City yanager
P PP,p
The ine C mpany ��
By:
Russel H. Lowe
Senio ice President, Retail Properties
By. -
Lee Burckle
Assistant Secretary, The Irvine Company
d
STATE OF CALIFORNIA
) ss:
COUNTY OF ORANGE )
On August 27, , 2002, before me, Ana R. Gutierrez
personally appeared Russell H. Lowe and Lee Burckle personally
known to me ( to be the person(s)
whose name(s) 4sL� subscribed to the within instrument and acknowledged to me that
hefshe/ has executed the same in -hi~t�eu�authorized capacity(ies), and that by
his/fter/ heir ignature(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
C'�" �� - (!�� - /
Notary Public in and for said to
STATE OF CALIFORNIA
ANA R. GUTIERREZ
Commission # 1194206 [[
Notary Public - Califomia i
Change County
P.Ry Comm. Explras Sep 18, 20J
(This area for official notarial seal)
) ss:
COUNTY OF ORANr,G�E, �j) On /4� �`� , 2002, before me, 14 66 I • b 6mWpq pu miri
personally appeared N�►m�i ��yWV �A 01�V1�/%�i 1r�jf3S personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person
whose nam (s is/�i subscribed to the within instrument and acknowledged to me that
he/she/ ey has executed the same in his/her/ heir authorized capaci oies and that by
his/her thei signature on the instrument the persorbs�or the entity upon behalf of which the
person acted, executed the instrument.
LEILANI I. BROWN
Commission # 1336673 Z
WITNESS my hand and official seal. Z `s Notary Public - California ;
Orange County
My Comm. Expires Jan 25, 2006
Notary Public in and for said State
(This area for official notarial seal)
F:\USERS\PBW\Shared\ENCROACH\ROW Agreements\2002\2002-0167 714 St James Rd.doc
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