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Home My WebLink AboutC-9154-1 - Encroachment Agreement (for Newport Hills Drive West and Newport Hills Drive East)RECORDING REQUESTER JD WHEN RECORDED RETURN TO: 0— Public Works Department City of Newport Beach V Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 Recorded in the � unty of Orange, California Gary L. Granville,Clerk/Recorder Fee IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIII1IIIIII 19910 122508 1116am 03/18/97 005 20010364 20 28 Al2 6 7.00 15.00 0.00 0.00 0.00 0.@0 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT THIS AGREEMENT is made and entered into this Az2 day of %%%r6& , 1997, by and between Harbor View Community Associations (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 the existing non-standard improvements located within Newport Hills Drive West and Newport Hills Drive East street right-of-way, Newport Beach, California., inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; WITNESSETH: WHEREAS, OWNER desires to allow and maintain\modify existing non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within in the center landscaped medians and parkways located within Newport Hills Drive West and Newport Hills Drive East right-of-way (1 iereinafter "RIGHT-OFAVAY") that is located within the Harbor View Community Association, Newport Beach, California and legally described as Newport Hills Drive West and Newport Hills Drive East, Tract 6621 and Tract 6623 as shown on a map recorded in Book 244, pages 1 to 6 and Book 247, pages 16 to 20, respectively; inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, 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; 1 NOW, THEREFORE, .., consideration of the mutual promis.:s, the parties hereto agree as follows: 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as grouted "Bouquet Canyon" stone pilasters and monument signage with lighting, and appurtenances in the right -of -away within the Newport Hills Drive West and Newport Hills Drive East 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 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 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 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 2 public facilities or impro\,cments, CITY may remove portions of the PERMITTED 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, construction, maintenance, or continued existence of the PERMITTED IMPROVEMENTS. 3 7. OWNER agrees Tat 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. APPROV�P AS TO FORM: By: J City Attorney ATTEST: �. City Clerk CITY OF NEWPORT BEACH, a Municipal corporation R%L 9 1/0 I! X •R► OV Patrick M. DiGiAcomo, President Harbor View Commmunity Association STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) Od Pal'C4 3 1997 befo me, G ✓� personally appeared C 2LI- / ,c , 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. U o-� aK Shauna Lyn Oyler 3 - Comm #1002681 (ry " NOTARY PUBLIC CALIFORNI/Q ij �° ORANGE COUNTY k) Y trr'o ` Comm Expires Aug. 22, 1997 -4 4 Notary Public in an for aid Sta (This area for official notarial seal) 4 STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On gf /a , 1997, before Me, GGi? personally appeared !J r Alj personall known to me (or proved to me on the ba s of satisfactory evidence) to be the perso s whose nam ) i ubscribed to the within instrument and ackn wledged to me that h sV ey as cu7the same in his/her t it authorized capacity ies and that by his/her Ignatur (s n the instrument the per so s or the entity upon be a f of which the person cted, execute the instrument. WITNESS my hand and official seal. Shauna Lyn Oyi - ,� F r RE, . N U Comm. #1002681 ^ (\-C•� �r o NOTARY PUBLIC CALIFORNIAU^J j '� ORANGE COUNTY r F✓ 4 F K Comm Expires Aug 22, 1997 Notary Public in and for id State (This area for official notarial seal) F:\GROUPS\PUBWORKS\ENCROACH\HARBOR97.DOC EP97-74 5 Y P FC K \eq {ice( M t V% AN DECOR SURFA( MOUNT LIGHT F TO BE —CORN BOAF ENTRANC>E VIEW CCC 01 III nlKlf CC/`TIn KI MEa�AN SIDE VIEW 'PER MTL VNSPOUT. :H-TOP DR W/ ICCO O/ METAL LOUVER CONCRETE ROOF TILES COPPER GUTTER SMOOTH TROWEL -FINISH EXT. CEM. PLAS. OVER 3/8" CDX PLYWD SHEATH'G AND PAPER -BACKED WIRE LATH ON EXTERIOR. EXT. CEM. PLASTER OVER PAPER -BACKED WIRE LATE ON BUILDINGS INTERIOR. DECORATIVE SURFACE - MOUNTED LIGHT FIXTURE TO BE SELECTED. x/-/iB i i -',47