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Home My WebLink AboutC-9648-1 - Encroachment Agreement EPN N2023-0577 for 94 Hartford Drive6/13/24, 4:19 PM Batch 17566423 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Attn: City Clerk's Office City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II 1 111 III I III I I III 1 III 11 11 28.00 *$ R 0 0 1 4 9 9 3 9 3 0 $ * 2024000147622 4:14 pm 061,3/24 440 CR-SC05 Al2 8 0.00 0.00 0.00 0.00 21.00 0.00 0.000.000.00 0.00 Space above this line for Recorder's use only. ENCROACHMENTAGREEMENT (Encroachment Permit Number N2023-0577) THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this 23rd day of May, 2024, by and between WSP USA Environmental & Infrastructure Inc., a Nevada Corporation ("Permittee"), and the City of Newport Beach, a California municipal corporation and charter city, organized and existing under and by virtue of its Charter and the Constitution, and the laws of the State of California ("City"). RECITALS WHEREAS, City is the owner of a public utility easement ("Easement") located upon the property commonly known as 94 Hartford Drive, Newport Beach, California, 92660, and legally described as Lot 4, of Tract 12164, as shown on a map recorded in Book 529, Pages 29 through 32 Inclusively, of Miscellaneous Maps in the office of the County Recorder of Orange County, County Assessor's Parcel Number 931-804-91 ("Property"); WHEREAS, Permittee desires to construct certain non-standard improvements as further described herein ("Permitted Improvements") within the Easement and the setback area located next to County Club Dr (hereinafter collectively, "Right -of -Way") that is located adjacent to the Property; 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; WHEREAS, the parties hereto desire to enter into this Agreement providing for fulfillment of the conditions required by City in connection with Limited Term Permit PA2022- 0180 to permit Permittee to construct and maintain said Permitted Improvements; and WHEREAS, Permittee shall be solely responsible to obtain any and all other rights, licenses, easements, permits, or other authorizations that may be necessary from any other parties or regulatory agencies to construct the Permitted Improvements. NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: WSP USA Environmental & Infrastructure Inc. Encroachment Agreement https://gs.secure-erds.com/Batch/Confirmation/l7566423 5/10 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Attn: City Clerk's Office City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (Encroachment Permit Number N2023-0577) THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this 23rd day of May, 2024, by and between WSP USA Environmental & Infrastructure Inc., a Nevada Corporation ("Permittee"), and the City of Newport Beach, a California municipal corporation and charter city, organized and existing under and by virtue of its Charter and the Constitution, and the laws of the State of California ("City"). RECITALS WHEREAS, City is the owner of a public utility easement ("Easement") located upon the property commonly known as 94 Hartford Drive, Newport Beach, California, 92660, and legally described as Lot 4, of Tract 12164, as shown on a map recorded in Book 529, Pages 29 through 32 Inclusively, of Miscellaneous Maps in the office of the County Recorder of Orange County, County Assessor's Parcel Number 931-804-91 ("Property"); WHEREAS, Permittee desires to construct certain non-standard improvements as further described herein ("Permitted Improvements") within the Easement and the setback area located next to County Club Dr (hereinafter collectively, "Right -of -Way") that is located adjacent to the Property; 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; WHEREAS, the parties hereto desire to enter into this Agreement providing for fulfillment of the conditions required by City in connection with Limited Term Permit PA2022- 0180 to permit Permittee to construct and maintain said Permitted Improvements; and WHEREAS, Permittee shall be solely responsible to obtain any and all other rights, licenses, easements, permits, or other authorizations that may be necessary from any other parties or regulatory agencies to construct the Permitted Improvements. NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: WSP USA Environmental & Infrastructure Inc. Encroachment Agreement City and Permittee acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 2. It is mutually agreed that Permitted Improvements shall be defined as: a. A temporary soil vapor extraction treatment system building encroaching up to four feet (4') into the Right -of -Way, as approved by the Public Works Department and as shown on Exhibit A, attached hereto and incorporated herein by reference. b. In addition, if any improvements actually built or installed during the time of construction vary from Permitted Improvements approved herein, such variations or changes must be approved in advance by the Public Works Department and shall be shown on the "As Built" plans. 3. City will permit Permittee to construct, reconstruct, install, maintain, use, operate, repair and replace said Permitted Improvements and appurtenances incidental thereto, within a portion of Right -of -Way, if in substantial conformance with the plans and specifications on file in City. City will further allow Permittee to take all reasonable measures necessary or convenient in accomplishing the aforesaid activities. 4. Rights granted under this Agreement may be terminated by City with or without cause and at any time without notice. City shall make good faith efforts to provide sixty (60) calendar days' notice in advance of termination, 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. 5. Permittee and City further agree as follows: a. Permittee may construct and install Permitted Improvements and appurtenances incidental thereto in substantial conformance with the plans and specifications on file in City's Public Works Department, and as described on Exhibit A. b. Permittee shall maintain Permitted Improvements in accordance with generally prevailing standards of maintenance and pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require Permittee 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, other public facilities, or privately owned improvements are damaged by the installation or presence of Permitted Improvements, Permittee shall be solely responsible for the cost of repairs and restoration of these facilities or improvements to their condition at the time of entry into this Agreement. d. 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 WSP USA Environmental & Infrastructure Inc. Encroachment Agreement 2 or future public facilities or improvements, City may remove portions of Permitted Improvements, as required, and in such event: (i) City shall notify Permittee in advance of its intention to accomplish such work, provided that an emergency situation does not exist. (ii) Permittee shall be responsible for arranging for any renewal, replacement, or restoration of Permitted Improvements affected by such work by City. (iii) City agrees to bear only the cost of any removal of Permitted Improvements affected by such work by City. (iv) Permittee agrees to pay all costs for the renewal, replacement, or restoration of Permitted Improvements. 6. 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 Permittee, City may enter upon Right -of -Way and remove all or part of the improvements installed by Permittee. Termination because of breach shall be upon a minimum of ten (10) calendar days' notice, with the notice specifying the date of termination. 7. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 8. Permittee 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 Permitted Improvements. 9. Permittee agrees that this Agreement shall remain in full force and effect from execution thereof; shall be binding upon the heirs, successors, and assigns of Permittee; and may be recorded in the Office of the County Recorder of Orange County, California. 10. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, California. 11. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. WSP USA Environmental & Infrastructure Inc. Encroachment Agreement 3 12. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 13. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 14. Permittee shall, at Permittee's own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 15. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. [SIGNATURES ON NEXT PAGE] WSP USA Environmental & Infrastructure Inc. Encroachment Agreement 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 22124 0- By: (C;' Aron C. Harp SMs y Attorney ATTEST: Date: CITY OF NEWPORT BEACH, a California Tunicipalorporation Date: By: Gr ce . Leung C anager OWNER(S): WSP USA Environmental & Infrastructure Inc. Date: By: abAi A Y B : y.I-rLC e iIZo�Tt Leilani I. BrownL e r U��PresidentJ0. City Clerk df-EK i' x !�R� Date: vT By: = Bradley q<i�pRN�P Secretary [END OF SIGNATURES] night Permittees must sign in the presence of notary public ATTACHMENTS: Exhibit A — Permitted Improvements Plan as Approved by Public Works WSP USA Environmental & Infrastructure Inc. Encroachment Agreement 5 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of 4; County of On �A 5 , 20.2Y before me, �/4�i� `�' �M= � , Notary Public, personally appeared L �,o'C- i o w T T 4• , who proved to me on the basis of satisfactory a idence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. f Lnl j Sq. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE S my hand and official seal. ignature Ilk ssioN��i-'' • -U••� HS = a '0tre:'(D -i_ _ �7Av .�.Z:•' GOB ACKNOWLEDGMENT 4D!`, A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of£afifxrria C��°«�•4 County of u L�� 1 On 0ci4 befo m J 1- Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be tV person(s) w e name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the �t�tg�A� California that the foregoing paragraph is true and correct. ��`�%� H SIiIf, WITNESS my hand and official seal. #OTA ip : 4t181. C' gnatu re - O •.,ti zati •• O -''�,�''' •'C�� 0UN'tV WSP USA Environmental & Infrastructure Inc. Encroachment Agreement 6 EXHIBIT A PERMITTED IMPROVEMENTS PLAN WSP USA Environmental & Infrastructure Inc. Encroachment Agreement A-1 a m I ---- Z-4 O X j.. i r�oozy 2�3 Z °Fw — 3 Z. m 7iLna g Dip rim I iar ; ca �, Oz N - g 41 o I i � i', / III $ m `'`' •*' •!• O Z s o l m 4 I i/ 3' 4 AO�B ili / iZo �A- P IS T y Or II zi S!p 9 - --I— —__w ll --- ail Sm ya ffi ----- I I � Nm° q tSW 113 € Tyv Imo .�N , o ' °°° mx F0 ono I I m D O O - • � �� g gc T sQ9 9g 9_� 0. O k° 2 co m r� 'ease I m m m G o O g o p'g m I Do �" l l / a g o§°�3 v II U E, Im — 1T I 80005 > f $ m I 285 z P Z. oil o� A gG9�pag° Zm (oo o=_rp"'�°m�m��T ��iyyeFmy- - m z r I \ ^ LLa m X J y 02gKm Ill 2 _off o: �$ moo i� I — ogp xP°> I E5 ym�F =� n D °� DRMDESIGN SIG EO%E1GN �I < 112223 ISSUE FOR CONSTRUCTION JENMICEBI CITY PLAN CHECK REV. 3 ENM CEB TREATMENT SYSTEM BUILDING z BH723 CRYPIANCHECKREV.2 ENM CEB I� � 1 7/1923 CRY PLAN CHECK REV.1 ENM CEO �4 ;^ SITE LAYOUT AND GRADING SITE ADDREP9: WHMTFOPO INMI` 6AYRIDGEPANICHOMEOWNERS ASSOOIAl10N WSP USA ENmRONMENT6 I. — RE D 122322 CRY PLAN CHECK NO. GATE REVISION BV APVO .Pi EE t2N SEee1, sMN2ts GR v.vaRPLAN ON 6YSlEx E1tmAcn (Me))08-ISM DSGN DR ENM, MIN CHK DD AC APVO CEB DEEIGNPROFESSOI- INREGPDNSIDLELRARGE n J Oe11v l6cw He. BIBW 161clEEYtYY FG ERFGRDAERGNH RGNIS PROPERTY �NENPORTBFACH, CAUFORNu