HomeMy WebLinkAboutC-3082(B) - Agreement for Non-Standard Street Improvements Tract Nos. 11449, 11450, and 114511—‘ .COR SING RE0I ESTED BY AND
€WHEN RECORDED4RETURN TO:
_ , City Clerk`
City of Newport Beach
00 3300 Newport Boulevard
O P.O. Box 1768
l� Newport Beach, CA 92663-3884
and
J.M. Peters Company
1601 Dove St., Suite 190
Newport Beach, CA 92660
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4'. 00 P m Oct `1 2 Z
Space above this line for Recorder's use only
AGREEMENT FOR NON-STANDARD STREET IMPROVEMENTS
TRACT NOS. 11449, 11450, AND 11451
THIS AGREEMENT is made and entered into this � day of
; , 1982, by and between the CITY OF NEWPORT BEACH, a municipal
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corporation, hereinafter referred to as "CITY", and THE J.M. PETERS COMPANY,
INC., a California Corporation, hereinafter referred to as "COMPANY."
W I T N E S S E T H:
WHEREAS, COMPANY desires to construct non-standard street improvements
(Exhibit A) at certain locations on Lot D (Belcourt Drive North and Belcourt
Drive South, private streets) of Tract No. 11449, as shown on a map filed in
Book 491, pages 12 to 16 inclusive, of Miscellaneous Maps, Records of Orange County,
California; on Lot C (Belcourt Drive North, a private street) of Tract No. 11450,
as shown on a map filed in Book 491, pages 42 to 46 inclusive of Miscellaneous
Maps, Records of Orange County, California; and on Lot A (Landsdownne Drive, a
private street) of Tract No. 11451, as shown on a map filed in Book 491,
pages 47 and 48 of Miscellaneous Maps, Records of Orange County, California;
and
WHEREAS, said lots are also public utility easements; and
WHEREAS, CITY has water, sewer and storm drain facilities located
within said public utility easements; and
WHEREAS, CITY desires to condition approval of construction of said
non-standard street improvements over said utility facilities; and
WHEREAS, the parties hereto desire to execute an agreement providing
for fulfillment of the conditions required by CITY to permit COMPANY to con-
struct said non-standard improvements.
NOW, THEREFORE, in consideration of their mutual promises, the parties
hereto agree as follows:
1. It is mutually agreed that "non-standard street improvements"
shall be defined as any street or sidewalk surfacing within the public utility
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easement which is not asphaltic concrete or portland cement concrete with only
a "broom" or trowel finish.
2. CITY will allow COMPANY to construct, reconstruct, install,
maintain, use, operate, repair and replace non-standard street improvements
and all facilities and appurtenances necessary and incidental thereto, over
CITY's storm drain, water and sewer facilities, all in substantial conformance
with plans and specifications therefor on file in the CITY's Public Works
Department. CITY will further allow COMPANY to take all reasonable measures
necessary or convenient in accomplishing the aforesaid activities.
3. COMPANY and CITY further agree as follows:
(a) COMPANY shall construct and install non-standard street im-
provements and all facilities and appurtenances necessary and incidental
thereto, in substantial conformance with plans and specifications therefor on
file in the CITY's Public Works Department.
(b) COMPANY shall maintain the aforesaid non-standard street
improvements and facilities in accordance with general prevailing standards
of maintenance, and to pay all costs and expenses incurred in doing so. How-
ever, nothing herein shall be construed to require COMPANY to maintain, re-
place or repair any CITY -owned pipeline, conduit or cable in or under said
non-standard street improvements.
(c) That should CITY be required to enter onto any easements
owned by CITY to exercise its primary rights associated with said easements,
including, but not limited to, the maintenance, removal, repair, renewal,
replacement or enlargement of the water, sewer, or storm drain facilities,
the CITY may remove portions of the non-standard street improvements and in
such event:
(i) CITY shall notify COMPANY of its intention to accomplish
such work;
(ii) COMPANY shall be responsible for arranging for any re-
newal or restoration of the non-standard street improvements affected by such
work by CITY:
(iii) CITY agrees to bear the portion of the costs of any such
renewal or restoration of the non-standard street improvements not in excess
of the cost which would be incurred for the restoration or renewal of standard
street improvements in the same location;
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(iv) COMPANY agrees to pay any costs of renewal or restora-
tion of the non-standard street improvements in excess of the costs to paid
by CITY.
(d) COMPANY agrees to indemnify and hold harmless CITY, its of-
ficers, agents and employees from all demands, claims, losses or liability on
account of injury or damage to persons or property suffered or claimed to be
suffered as a result of the construction, use, maintenance or renewal of the
non-standard street improvements.
4. It is mutually agreed that this Agreement shall be binding
upon the heirs, successors and assigns of COMPANY, and shall be recorded in the
office of the County Recorder of Orange County, California; provided, however,
that COMPANY may, without CITY's consent, assign its rights and obligations under
this Assignment to a community association responsible for the maintenance of
said private streets and upon such assignment, COMPANY shall be relieved of any
obligations to CITY hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed on the day and year first above written.
CITY OF NEWPORT BEACH,
a Municipal Corporation
ATTEST:
THE J.M. PETERS COMPANY, INC.
a California Corporation
APPROVED AS TO FORM:
s
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City Attorney
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
On October 1. , 1982, before me, the undersigned, a Notary
Public in and for the State, personally appeared
Jacqueline E. Heather,
known to me to be the Mayor, and Wanda E. Andersen , known to me
to be the City Clerk of the Municipal Corporation that executed the within
Instrument, known to me to be the persons who executed the within Instrument
on behalf of the Municipal Corporation therein named, and acknowledged to me
that such Municipal Corporation executed the within Instrument pursuant to
a resolution of its City Council.
WITNESS my hand and official seal.
+•+••+•o♦•-r►
OFFICIAL SEAL
DOf OTHY L. PALE!'1
NOTARY PUBLIC • CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Expires April 5,1985
STATE OF CALIFORNIA
COUNTY OF ORANGE
)
) ss.
Notary Pc in and for said State
On September 3 , 1982, before me, the undersigned, a Notary
Public in and for said State, personally appeared Thomas Hover
known to me to be the Vice President and James B. Fleig
known to me to be the Secretary of the corporation that executed
the within Instrument, known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and acknowledged to me
that such corporation executed the within Instrument pursuant to its by-laws
or a resolution of its board of directors.
WITNESS my hand and official seal.
(OFFICIAL. SEAL)
CONNEE J. McDONALD
NOTARY PUBLIC - CALIFORNIA
SAN BERNARDINO COUNTY
My Commission Expires Jan. 20, 1984
-;tzwr
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ct.
Notary Public inf, nd for said State
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LEGEND
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