HomeMy WebLinkAboutC-9204-1 - Encroachment Agreement EPN EP98-106 for 545 Via Lido NordS
RECORDING REQUESTED AND
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WHEN RECORDED RETURN TO:
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Public Works Department
City of Newport Beach
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Post Office Box 1768
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3300 Newport Boulevard
Newport Beach, CA 92659-1768
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Recorded in the County of Orange, California
Gary L. Granville, Clerk/Recorder
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19980478243 1:43pm 07/24/98
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ENCROACHMENT AGREEMENT
(EP98-106)
THIS AGREEMENT is made and entered into this day
Of , 1998, by and between Jim Salomon, (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 545 Via
Lido Nord, Newport Beach, California and legally described as portion of Lot 513, Tract
No. 907, as shown on a map recorded in Book 28, Pages 31 inclusively of
Miscellaneous Maps in the office of the County Recorder of Orange County, California;
WITNESSETH:
WHEREAS, OWNER desires to construct certain improvements, (hereinafter
"PERMITTED IMPROVEMENTS") in the landscaped median located within Piazza Lido
right-of-way (hereinafter "RIGHT-OF-WAY"), Newport Beach, California and legally
described as Lot 787, Tract 907, as shown on a map recorded in Book 28, Page 31
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
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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, I.11EREFORE, in consideration of the mutual promises, the parties hereto
agree as follows.-
1 . It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined
as over hanging deck with tempered glass guard rail and appurtenances 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 IMPROVEMENT;: 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 ',n 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.
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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, replacenicmt or enlargement 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. Ire 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.
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6. OWNER shall indemni y anen fiord �armless 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 tnis Agreement to be
executed on the day and year first -above written.
APPROVED AS TO FORM:
ATTEST:
BytUB�.nc
City Clerk
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CITY OF NEWPORT BEACH,
a Municipal corporation
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Cit,my- �g_
OWNER:
By: '
7- Jim Salomon
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STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On e. 1998, before me Q personally
appeared 1,7
personal 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 entit"pon behalf of which the person acted, executed the instrument.
WITN mb my han an fficial sear
Notary Public in and for maid S
(This area for official notarial seal)
SHAUNA LYN OYL9��
Commission # 116
Z , •� Notary Public - Cotif
Orange County
Ivly Comm. Expires DeC
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On/w►� 1998, before me, ��`'� �1 ��� personally
appearea RUIN 1\111, -TMY ,
personally known to me (4 pFeved to- Me -on -the) to be
the personal whose name( is/are- subscribed to the within instrument and
acknowledged t;:) me that he/fey has executed the same in his/her/their authorized
capacity(l�s`), and that by his/ eO ho4 @natureX on the instrument the person.( or
the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(This area for official notarial seal)
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