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Home My WebLink AboutC-9218-1 - Encroachment Agreement (for Colony Plaza, Lot 4)RECORDING REQUEST AND C WHEN RECORDED RETURN TO: { (�1 Public Works Department City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 Recoraea in Lne county or orange, calirornia Gary L. Granville, Clerk/Recorder 11111111111111 II1111 No Fee 19980626792 3:58pm 09/17/98 005 17009794 17 19 Al2 6 6.00 15.00 0.00 0.00 0.00 0.00 Space above this line for Recorder's use only. FXEMPT RECORDING REQUEST PER ENCROACHMENT AGREEMENT GOVERNMENT CODE 6103 THIS AGREEMENT is made and entered into this 24 day of July 1998, by and between Irvine Apartment Communities, L.P. (Richard E. Lamprecht) with a P mailing address; 550 Newport Center Drive, Suite 300, Newport Beach, CA. 92660-7011 (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 the Colony Plaza (private street, Lot 4) right-of-way constructed within Tract No. 15178, Newport Beach, Recorded in Book 737, Pages 45, 46, and 47 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; WITNESSETH: WHEREAS, OWNER desires to allow and maintain existing non-standard improvements and construct/maintain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within Colony Plaza easement/right-of-way (hereinafter "RIGHT-OF- WAY") that is located within Tract No. 15178, as shown on a map recorded in Book 36, Pages �9 and 20, inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; 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 construct, reconstruct and maintain said PERMITTED IMPROVEMENTS; 1 NOW, THEREFOK , in consideration of the mutual pr(- yes, the parties hereto agree as follows: 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as reinforced concrete decorative/enhance pavement, concrete curbs and gutter, and appurtenances in the Colony Plaza easement/right-of-way 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. If permitted improvements 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, then the 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 2 maintenance, removal, rep_.ir, renewal, replacement or enlarge._.ant of existing or future public facilities or improvements, 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, unless the breach is cured within such 10 day period, 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, waive, 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. 3 CITY OF NEWPORT BEACH, a Municipal corporation APPROVED AS TO FORM: By. By: City Attorney Mayor ATTEST I City Clerk OWNER: IRVINE APARTMENT COMMUNITIES, L.P., A Delaware Limited Partnership By: — Richard E. Lamprecht Senior Vice President and Irvine Ranch Division President 0 STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) On � , 1998, before me, personally a eare ivy Rd — . (-,w Re , personally known to me ( e) to be the person(s) whose name(s) Ism subscribed to the within instrument and acknowledged to me that �W§)Ce/t has executed the same in of Wlt�ir authorized capacity(ies), and that by �r/t r sigriature(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. OWM0s�t » My Cam+. HV. M AM s. 2M Notary Public in a d f r said State (This area for official notarial seal) STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On I T BIZ , 1998, before me, l EJL ) PJPS T4j0M _ personally appeared -& G EIDg - _ , personally known to me to be the person(i4 whose name) is/are subscribed to the within instrument and acknowledged to me that he/s� has executed the same in hisA494the+r authorized capacity0w, and that by his/bo4l4eir signatureX on the instrument the personm or the entity upon behalf of which the person acted, executed the instrument. 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