HomeMy WebLinkAboutC-3082(A) - Agreement for Non-Standard Street Improvements Tract Nos. 10987RECORDING REOUESTED BY AND
WHEN RECORDED RE'N T0:
— 35 O 3
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
and
J.M. Peters Company
1601 Dove St., Suite 190
Newport Beach, California 92660
1-r.cro P m . O ci 1, �2
of
municipal
Space above this line for recorder's use only
AGREEMENT FOR NON-STANDARD STREET IMPROVEMENTS
TRACT NO. 10987
THIS AGREEMENT is made and entered into this
�✓ day
1982, by and between the CITY OF NEWPORT BEACH, a
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 C (Southampton Court, a
private street) of Tract 10987 as shown on a map filed in Book 477, pages 31
to 36, inclusive 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 construct 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
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 improvements and all facilities and appurtenances necessary and in-
cidental 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. However
nothing herein shall be construed to require COMPANY to maintain, replace 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 renewal 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
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;
(iv) COMPANY agrees to pay any costs of renewal or res-
toration of the non-standard street improvements in excess of the costs to be
paid by CITY.
2
(d) COMPANY agrees to indemnify and hold harmless CITY, its
officers, 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:
City Clerk
APPROVED AS TO FORM:
1✓ YikaL
rA s-s-t- Ci ty Attorney
THE J.M. PETERS COMPANY, A
California Corporation
By
By
Thorax over, Vice President
Secretary
-3-
STATE OF CALIFORNIA)
) ss:
COUNTY OF ORANGE )
On October 1 , 1982, before me, the undersigned, a
Notary Public in and for said 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 acknow-
ledged to me that such Municipal Corporation executed the within Instrument
pursuant to a resolution of its City Council.
WITNESS by Hand and Official seal.
OFFICIAL SEAL
DCROTHY- L. PALEN
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Expires April 5, 1985
♦s••+,-4+
STATE OF CALIFORNIA
COUNTY OF ORANGE
LI7d, C24(Aalf•
Notary Pt61i c in and for said State
On September 3 , 1982, before me, the undersigned,
a Notary Public in and for said State, personnaly appeared Thomas Hover ,
known to me to be the Vice President and James B. Fleiq ,
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.
1
WITNESS my hand and official seal.
;OFFICIAL SEAL)
CONNEE J. McDONALD
NO AY PUBLIC - CALIFORNIA
SAN CLRNARDINO COUNTY
My Commission Expires Jan. 20, 1984
01)"&(__
Notary Public in did for said State
O 5C m TID :N am
SCALE iw FEE
EXHIBIT
5HOfING NON-5TANOAPO IMPROVEMENTS
WITHIN PUB:.IG EA5EMENT5
&xh,b,7 A
LEGEND
TEXTURED ROADWAY
Arr?It G, ILL