HomeMy WebLinkAboutC-2011 - Agreement for non-Standard Street Improvements Resubdivision No. 752 (for Center Drive)�� _
City CIerk//�V /'''^� /
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA`92663
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OFORANGE COUNTY CAupDnm/A
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AGREEMENT FOR NON-STANDARD STREET IMPROVEMENTS
RESUODIVI3I0N NO. 752
THIS AGREEMENT is made and entered into this day of
. .'
1986, by and between THE IRVINE COMPANY, INC., a Michigan
corporeLf�n, hereinafter referred to as ''COMPANY" and the CITY OF NEWP0RT
O[A[U, a 'xuoicipnl corporation, hereinafter referred to as "CITY";
UlTNES3ETH:
U|\[OEAS, LOMPANY desires to: (l) construct non-standard street
Wrove.nnts at certein locations in Center Drive, a private drive, including
ulthin existing water line easement as shown on Parcel Map 83-715 (Renubdivi-
s\nn Co. 752) filed in Rook 190, pages 13 to 18 inclusive, Of Parcel Maps,
Q/zonis of Crcngs County, /2\ construct non-standard Sidewalk improvements
within existing sidewalk sasenent as Shown on said Parcel Map 83-716. General
locations Of said non-standard improvements are shown on Exhibit xAx attached
hereto and made a part Of this aqreeoent.
WHEREAS, said water line easement is within Center Drive; and
WHEREAS, CITY has water facilities located within said water line
casement'` and
WHEREAS, QT/ desires to condition approval of construction of
nid s.r_standnrd 0rEet Onrnvenents ove'' said water lioo facilities, and
construction of non-standard sidewalk improvements within said sidewalk
P8emenq V:J
WHEREAS, thp parties hereto desire to execute an agreement pr0vidin�
for fulfillment of Chr 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 improvements" shall be
defined as any street or sidewalk surfacing within or over public easements
which are not asphaltic concrete, or portland cement concrete with only a
"broom" or trowel finish,
2. CITY will allow COMPANY to construct, reconstruct, install, main-
tain, use, operate, repair and replace non-standard improvements and all faci-
lities and appurtenances necessary and incidental thereto, over CITY's water
facilities, and within City's sidewalk easement, 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 improvements
and all facilities and appurtenances necessary and incidental thereto, in
substantial conformance with plans and specifications therefor on file in CITY's
Public Works Department.
b. COMPANY shall maintain the aforesaid non-standard 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 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 facilities or addition of new utilities, CITY may
remove portions of the non-standard improvements and in such event:
(1) CITY shall notify COMPANY of its intention to accomplish
such work;
(2) COMPANY shall be responsible for arranging for any re-
newal or restoration of the non-standard improvements affected by such by
CITY;
(3) CITY agrees to bear the portion of the costs of any
such renewal or restoration of the non-standard improvements not in excess
of the cost which would be incurred for the restoration or renewal of standard
improvements in the same locations;
(4) COMPANY agrees to pay any costs of renewal or restora-
tion of the non-standard improvements in excess of the costs to be paid by
CITY.
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 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 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.
APPROVED AS TO FORM:
City Attorney
ATTEST:
CITY OF NEWPORT BEACH,
nice al Corporation
Mayor
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By
MPANY
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Assist t Secretary
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
On , 1986, before me, the undersigned, a Notary
Public in and for said State, personally appeared
, known to me to be the Mayor of the City of
Newport Beach, and , known to me
to be the City Clerk of the City of Newport Beach, known to me to be the
persons whose names are subscribed to the within instrument, and
acknowledged to me that they executed the same.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
On / 0 1>/ / , 1986, before me, the undersigned, a Notary
Public in and for said State, personally appeared
yes T. Mf IL/./ and bo,t)A-6 C _ re.o4S�-ni
personally known to me (ee-.p'c-v-ed te-rye on the basis of satisfactory Lide4Ge)
to be the /C/ Si,0414J7" and 4SSi. ,S/ Cif4.772147 respectively, of
-rfel)i,u/I- 60a, 4,c)f, the corporation that executed the within instru-
ment and known to me (or proved to me on the basis of satisfactory evidence) to
be the persons who executed the within instrument on behalf of said corporation
and acknowledged to me that such corporation executed the same.
WITNESS my hand and official seal.
titi
OFFICIAL SEAL,
CLAIRE L. ALTMAN
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My Comm. Expires Oct. 10, 1989
Notary Public in and for said State
SOYA SSSSS 0
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NOTE: THIS DRAWING IS A REDUCTION.
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