HomeMy WebLinkAboutC-2223 - Agreement for Non-Standard Improvements ( for Parkway/Center Median of Port Sutton Dr and San Miguel Dr)AGREEMENT FOR NON-STANDARD IMPROVEMENTS
THIS AGREEMENT, made and entered into this 2\ day of tsly:(
1987, by and between NEWPORT HILLS COMMUNITY ASSOCIATION, whose address is in
care of Villageway Management, Inc., P.O. Box 4708, Irvine, California 92716,
hereinafter referred to as "ASSOCIATION", and the CITY OF NEWPORT BEACH, a muni-
cipal corporation, organized and existing under and by virtue of its Charter and
the Constitution and the laws of the State of California, hereinafter referred
to as "CITY";
WITNESSETH
WHEREAS, ASSOCIATION desires to construct non-standard improvements in
the parkways and center median strip of Port Sutton Drive, a public street, near
its intersection with San Miguel Drive, both public streets in said CITY, and
WHEREAS, CITY desires to condition approval of construction of said
non-standard improvements in said public streets; and
WHEREAS, the parties hereto desire to execute an agreement providing
for fulfillment of the conditions required by CITY to permit ASSOCIATION to
construct said non-standard improvements;
NOW, THEREFORE, in consideration of their mutual promises, the parties
hereto agree as follows:
I. It is mutually agreed that "non-standard improvements" shall be
defined as two columns each three (3) feet six (6) inches square and eleven (11)
feet six (6) inches in height; four ornamental lights; plus logos, signs, and
approximately fifty (50) trees as shown on Exhibit "A" hereto attached.
II. CITY will allow ASSOCIATION to construct, reconstruct, install,
maintain, use, operate, repair and replace non-standard improvements and all
facilities and appurtenances necessary and incidental thereto, over CITY's
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facilities, all in substantial conformance with plans and specifications there-
for on file in the CITY's Building Department. CITY will further allow
ASSOCIATION to take all reasonable measures necessary or convenient in
accomplishing the aforesaid activities.
III. ASSOCIATION and CITY further agree as follows:
A. ASSOCIATION shall construct and install non-standard improve-
ments and all facilities and appurtenances necessary and incidental thereto, as
described in Exhibit "A" hereto attached.
B. ASSOCIATION shall maintain the aforesaid non-standard improve-
ments and facilities in accordance with general prevailing standards of main-
tenance, and pay all costs and expenses incurred in doing so. However, nothing
herein shall be construed to require ASSOCIATION to maintain, replace or repair
any CITY -owned pipeline, conduit or cable located in or under said non-standard
improvements.
C. That should CITY be required to enter onto the parkways and
center median strip owned by CITY to exercise its primary rights associated with
said parkways and center median strip, including, but not limited to, the main-
tenance, removal, repair, renewal, replacement or enlargement of the existing or
future facilities, CITY may remove portions of the non-standard improvements, as
required, and in such event:
1. CITY shall notify ASSOCIATION of its intention to accom-
plish such work, if an emergency situation does not exist.
2. ASSOCIATION shall be responsible for arranging for any
renewal or restoration of the non-standard improvements affected by such work by
CITY;
3. ASSOCIATION agrees to pay all costs for renewal or restora-
tion of the non-standard improvements.
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D. ASSOCIATION agrees to indemnify and hold harmless, its offi-
cers, agents and employees, from any and all demands, claims, losses or liabi-
lity 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 improvements.
IV. ASSOCIATION agrees that this Agreement shall remain in full force
and effect from execution thereof; shall be binding upon the heirs, successors,
and assigns of ASSOCIATION's interest in the land whether fee or otherwise.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed on the day and year first above written.
APPROVED AS TO FORM:
Atto ney
CITY OF NEWPORT BEACH,
a Municipal Corporation
By
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NEWPORT HILLS COMMUNITY ASSOCIATION
By
Title
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EL E VA T/ON
NOT TO SC L E
- INTERIOR STREET /N
HARBOR V/EW HIL L S -IPA`
PROPOSED 3'- 6 "SQUARE
X S'- O" H/GH STRUCTURE
(TWO PER INTERSECTION)
CENTER MEDIAN
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ELEVATION
EXH/B/T "A"