HomeMy WebLinkAbout09 - Tract 15387 Release of BondsAugust 13, 2002
CITY COUNCIL AGENDA
ITEM NO. 9
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: RELEASE OF BONDS FOR NON - STANDARD IMPROVEMENTS -
TRACT NO. 15387
LOCATION: EASTERLY SIDE OF JAMBOREE ROAD BETWEEN FORD ROAD AND
BISON AVENUE
DEVELOPER: PACIFIC BAY HOMES, NEWPORT BEACH
RECOMMENDATIONS:
1. Approve an Agreement with One Ford Road Homeowners Association for
construction and maintenance of non - standard curbs, gutters, sidewalks, guard
house, landscape, and gate improvements in Lot E (Southern Hills Drive) and tree
landscape in Lot H (Troon Drive) in the private streets constructed with Tract No.
15387.
2. Authorize the Mayor and City Clerk to execute the Agreement and direct the City Clerk
to have the Agreement recorded with the Orange County Recorder.
3. Approve an Agreement with One Ford Road Homeowners Association for
construction and maintenance of non - standard wood fence, pilasters, freestanding
fountains, and landscape improvements in a sewer easement located in Lot 11 of
Tract 15387 and Parcel 4 of Lot Line Adjustment 99 -04 constructed with Tract No.
15387.
4. Authorize the Mayor and City Clerk to execute the Agreement and direct the City Clerk
to have the Agreement recorded with the Orange County Recorder.
5. Approve the improvement plans and specifications and accept the public
improvements constructed in conjunction with Tract No. 15387.
6. Authorize the City Clerk to release the faithful performance bond for on -site
improvements (Bond No. 5907679).
7. Authorize the City Clerk to release the labor and material bond for on -site
improvements (Bond No. 5907679) in six months provided no claims have been
filed.
DISCUSSION:
Non - Standard improvements were constructed within the private street/public easement
of Tract No. 15387. The non - standard improvements include patterned pavement, curbs,
SUBJECT: RELEASE OF BONDS FOR NON - STANDARD IMPROVEMENTS - TRACT NO. 15387
DATE: AUGUST 13, 2002
PAGE 2
gutters, sidewalks, guard house, gates, wood fences, pilasters, free standing fountain,
landscape, and appurtenances. These Agreements permit the construction of the non-
standard improvements as approved by the Public Works Department and require the
One Ford Road Homeowners Association (HOA) and their successors in interest be
responsible for maintenance and restoration of the improvements. The Agreements also
protect the City from liability associated with the presence of these non - standard
improvements.
The private improvements constructed in conjunction with Tract No. 15387 include the
construction of curb, gutter, sidewalk, street light, street paving, and storm drain
improvements. These improvements will be maintained by the HOA.
The public improvements constructed in conjunction with Tract No. 15387 have been
inspected and are satisfactory for acceptance. The public improvements include the
construction of water and sewer improvements. These improvements will be
maintained by the City.
An exhibit is atta showing the non - standard improvements and the location of the
subject proje
M
aaum
Director
Pfstadt, P.E.
Engineer
Attachments: Exhibit
Encroachment Agreements
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RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659 -1768
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(Tract 15387, Lot 11 and Parcel 4, Lot Line Adjustment 99 -04)
THIS AGREEMENT is .made and entered into this / 7 710 v
day of 4 y , 2002, by
and between One Ford Road Homeowners Association (hereinafter "ASSOCIATION "), and the City of
Newport Beach, California, a municipal corporation organized and existing under and by virtue of its
Charter and the Constitution and the laws of the State of California, (hereinafter "CITY "),
"ASSOCIATION" is entering into an agreement relating encroachments into easements dedicated to
CITY in Tract 15387 as shown on a map recorded in Book 761, Pages 35 through 38 inclusively of
Miscellaneous Maps in the office of the County Recorder of Orange County, California;
WITNES.SETH:
WHEREAS, Pacific Bay Properties developed Tract No. 15387; and
WHEREAS, Pacific Bay Properties has permitted construction of certain non - standard
improvements (hereinafter "PERMITTED IMPROVEMENTS ") over a sewer easements in Tract No.
15387 Newport Beach, California (hereinafter "EASEMENT') and legally described as a 25 -foot sewer
easement located in Lot No. 11 in Tract 15387 (hereinafter "SUBJECT PROPERTY "), as shown on a
map recorded in Book 761, Pages 35 through 38 inclusively of Miscellaneous Maps in the office of the
County Recorder of Orange County, California; and Parcel 4, Lot Line Adjustment 99 -04
WHEREAS, An encroachment agreement is required by the CITY prior to construction of non-
standard improvement within public easements and ASSOCIATION did not obtain approval of required
encroachments and did not notify individual property owners of such requirement; and
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
EASEMENT; and
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WHEREAS; the parties hereto desire to execute an agreement providing for fulfillment of the
conditions required by CITY to permit construction, reconstruction and maintenance said PERMITTED
IMPROVEMENTS;
NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as
follows:
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a wooden
fence, pilasters, freestanding fountain and landscape improvements and appurtenances as shown on
EXHIBIT "A" attached hereto and as approved by the City Engineer.
2. CITY will permit the construct, reconstruct, install, maintain, use, operate, repair and
replace said PERMITTED IMPROVEMENTS and appurtenances incidental thereto, within a portion of
EASEMENT, all in substantial conformance with plans and specifications on file in the CITY
3. ASSOCIATION and CITY further agree as follows:
a. PERMITTED IMPROVEMENTS and appurtenances incidental thereto, shall be
constructed in substantial conformance with plans and specifications on file in the CITY's Public Works
Department, and as described on Exhibit "A" hereto attached.
b. If City or other public facilities or improvements are damaged by the installation or
presence of PERMITTED IMPROVEMENTS, DEVELOPER shall be responsible for the cost of repairs.
C. That should CITY be required to enter onto said EASEMENT to exercise its
primary rights associated with said EASEMENT, including but not limited to, the maintenance, removal,
repair, renewal, replacement or enlargement of existing or future public facilities or improvements,
CITY may remove portions of the PERMITTED IMPROVEMENTS, as required, and in such event:
(i) CITY shall notify owner and ASSOCIATION of its intention to
accomplish such work, if any emergency situation does not exist.
(ii) ASSOCIATION shall be responsible for arranging for any renewal or
restoration of the PERMITTED IMPROVEMENTS affected by such work by CITY;
(iii) CITY agrees to bear only the cost of any removal of the PERMITTED
IMPROVEMENTS affected by such work by CITY;
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(iv) ASSOCIATION agrees to pay all costs for renewal or restoration of the
PERMITTED IMPROVEMENTS.
5. ASSOCIATION shall defend, indemnify, waive, 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 the
PERMITTED IMPROVEMENTS.
6. ASSOCIATION agrees that this Agreement shall'remain in full force and effect from
execution thereof; shall run with the land; shall be binding upon the heirs, successors, and assigns of
OWNERS' interest in the land whether fee or otherwise, and shall be recorded in the Office of the
County Recorder of Orange County, California.
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:
By:
City Attorney
ATTEST:
By:
City Clerk
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CITY OF NEWPORT BEACH,
a Municipal corporation
Mayor
ASSOCIATION:
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By.
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STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On 2002, before me,
personally appeared personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is /are subscribed to the within instrument and acknowledged to me that
he /she /they has executed the same in his /her /their authorized capacity(ies), and that by
his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On
before
(This area for official notarial seal)
personally appeared uamet> 12. 1.0heeIer
known to me ( ,
whose name(a) Ware subscribed to the within instrument and
he /shaAheq has executed the same in hislba4their authorized
his/b.aLa @k- signatures) on the instrument the person('8) or the en
person acted, executed the instrument.
WITNESS my hand and official seal.
lJoWLI��
Notary Public in and for Vaid Mate
personally
4ence) to be the person(s)
acknowledged to me that
capacity(ies), and that by
:ity upon behalf of which the
AURORA GONZALEZ
Comm. #1214388
NOTARY PUBLIC -CALIFORNIA
In
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Orange County
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RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659 -1768
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(Tract No. 15387, Lot E and Lot H)
THIS AGREEMENT is made and entered into this day of
2002, by and between One Ford Road Homeowners Association (hereinafter
"ASSOCIATION "), and the City of Newport Beach, California, a municipal corporation
organized and existing under and by virtue of its Charter and the Constitution and the laws of
the State of California, (hereinafter "CITY "), "OWNER" is the owner of property located over
public utility easements in Tract No. 15387, Newport Beach, California and legally described
as Lot "E" (Southern Hills Drive) and Lot "H" (Troon Drive) all in Tract 15387, as shown on a
map recorded in Book 761, Pages 35 through 38 inclusively of Miscellaneous Maps in the
office of the County Recorder of Orange County, California;
WITNESSETH:
WHEREAS, OWNER has constructed certain non- standard improvements (hereinafter
"PERMITTED IMPROVEMENTS ") over public utility easements in Tract No. 15387 Newport
Beach, California (hereinafter "EASEMENTS ") and legally described as Lot "E" (Southern Hills
Drive) and Lot "H" (Troon Drive) all in Tract 15387 (hereinafter "SUBJECT PROPERTY "), as
shown on a map recorded in Book 761, Pages 35 through 38 inclusively of Miscellaneous
Maps in the office of the County Recorder of Orange County, California; and
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 EASEMENTS; and
WHEREAS; the parties hereto desire to execute an agreement providing for fulfillment
of the conditions required by CITY to permit ASSOCIATION to construct, reconstruct and
maintain said PERMITTED IMPROVEMENTS;
NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree
as follows:
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a
guard house, decorative paving entry gates, landscape, and appurtenances in Lot "E" (the
Southern Hills Drive Easement) and a tree and appurtenances in the cul -de -sac, Lot "H"
(Troon Drive) and as shown on EXHIBIT "A" attached hereto and as approved by the City
Engineer.
2. CITY will permit ASSOCIATION to construct, reconstruct, install, maintain, use,
operate, repair and replace said PERMITTED IMPROVEMENTS and appurtenances
incidental thereto, within a portion of EASEMENTS, all in substantial conformance with plans
and specifications on file in the CITY. CITY will further allow ASSOCIATION to take all
reasonable measures necessary or convenient in accomplishing the aforesaid activities.
3. If permitted improvements interfere in the future with CITY's ability to construct,
operate, maintain, and replace CITY and other public facilities and improvements within
EASEMENTS, then the rights granted under this Agreement may be terminated by CITY at
any time by giving 60 days' notice, 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.
4. ASSOCIATION and CITY further agree as follows:
a. ASSOCIATION may construct and install PERMITTED IMPROVEMENTS and
appurtenances incidental thereto, in substantial conformance with plans and specifications
therefor on file in the CITY's Public Works Department, and as described on Exhibit "A" hereto
attached.
b. ASSOCIATION shall maintain the PERMITTED IMPROVEMENTS in
accordance with general prevailing standards of maintenance, and pay all costs and expenses
incurred in doing so. In addition, any new and existing trees, shrubs, and landscaping that are
on the adjacent City property shall be maintained at the roof line of the existing structures at all
times. 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
PERMITTED IMPROVEMENTS, except as otherwise provided herein.
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c. If City or other public facilities or improvements are damaged by the
installation or presence of PERMITTED IMPROVEMENTS, ASSOCIATION shall be
responsible for the cost of repairs.
d. That should CITY be required to enter onto said EASEMENTS to exercise its
primary rights associated with said EASEMENTS, including but not limited to, the
maintenance, removal, repair, renewal, replacement or enlargement of existing or future public
facilities or improvements, CITY may remove portions of the PERMITTED IMPROVEMENTS,
as required, and in such event:
(i) CITY shall notify ASSOCIATION of its intention to accomplish
such work, if any emergency situation does not exist.
(ii) ASSOCIATION shall be responsible for arranging for any renewal
or restoration of the PERMITTED IMPROVEMENTS affected by such work by CITY;
(iii) CITY agrees to bear only the cost of any removal of the
PERMITTED IMPROVEMENTS affected by such work by CITY;
(iv) ASSOCIATION agrees to pay all costs for renewal or restoration
of the PERMITTED IMPROVEMENTS.
5. 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 ASSOCIATION, CITY may enter upon
the EASEMENTS and remove all or part of the improvements installed by ASSOCIATION.
Termination because of breach shall be upon a minimum of ten (10) days' notice, unless the
breach is cured within such 10 -day period, with the notice specifying the date of termination.
In the event of litigation commenced with respect to any term of condition of this Agreement,
the prevailing party shall be entitled to reasonable attorneys fees and costs incurred.
6. ASSOCIATION shall defend, indemnify, waive, 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 the PERMITTED IMPROVEMENTS.
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7. ASSOCIATION shall accept the fact that surface drainage water may enter onto
the SUBJECT PROPERTY from EASEMENTS located in the City of Newport Beach, County
of Orange, State of California, as depicted on Exhibit "A" attached hereto, whether naturally or
as a result of the development or improvement of the EASEMENTS.
8. ASSOCIATION shall accept and waive any and all liability for any damages to the
SUBJECT PROPERTY caused by the flow of such surface drainage water onto the SUBJECT
PROPERTY. ASSOCIATION shall defend, indemnify, waive 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 to surface drainage water
entering the "SUBJECT PROPERTY" from the EASEMENTS.
9. ASSOCIATION agrees that this Agreement shall remain in full force and effect from
execution thereof; shall run with the land; shall be binding upon the heirs, successors, and
assigns of OWNERS' interest in the land whether fee or otherwise, and shall be recorded in
the Office of the County Recorder of Orange County, California.
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:
By:
City Attorney
ATTEST:
By:
City Clerk
F:IUSERSIPBW1DHoffstadtWG\Enc Agt- Tr15387 -A.doc
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CITY OF NEWPORT BEACH,
a Municipal corporation
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City Manager
ASSOCIATION:
By:
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On 2002, before me,
personally appeared personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is /are subscribed to the within instrument and acknowledged to me that
he /she /they has executed the same in his /her /their authorized capacity(ies), and that by
his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On JlIhA lb
personally appeared
known to me
(This area for official notarial seal)
I t2A
, personally
=viderrce) to be the person(j
whose name(s) is /are subscribed to the within instrument and acknowledged to me that
he /shek#ey has executed the same in his /ha;Ff i& authorized capacity(ies), and that by
his /bar40ieir signature(g) on the instrument the person(pl) or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public i and for said-State
AURORA G...AL..
��rggp COMM. M14388 ��gg
"° NOTAAY PUBLIC CALIPOflNIA VI
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My Comm. Expires Mar. 2g, 2003 °+
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