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HomeMy WebLinkAbout13 - Tract 15391 Release of BondsAugust 13, 2002 CITY COUNCIL AGENDA ITEM NO. 13 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: RELEASE OF BONDS FOR NON - STANDARD IMPROVEMENTS - TRACT NO. 15391 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 landscape improvements, wrought iron fence, pilasters, lighting, and appurtenances in the sewer easement in Lot 31 constructed with Tract No. 15391. 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 the improvement plans and specifications and accept the public improvements constructed in conjunction with Tract No. 15391. 4.. Authorize the City Clerk to release the faithful performance bond for on -site improvements (Bond No. 5907683). 5. Authorize the City Clerk to release the labor and material bond for on -site improvements (Bond No. 5907683) in six months provided no claims have been filed. DISCUSSION: Non - Standard improvements were constructed within the private street/public easement of Tract No. 15391. The non - standard improvements include patterned pavement, curbs, gutters, sidewalks, and appurtenances. This Agreement permits the construction of the non - standard street improvements as approved by the Public Works Department and requires One Ford Road Homeowners Association (HOA) and their successors in interest be responsible for maintenance and restoration of the improvements. The Agreement also protects the City from liability associated with the presence of these non - standard improvements. SUBJECT: RELEASE OF BONDS FOR NON STANDARD IMPROVEMENTS - TRACT NO. 15391 August 13, 2002 Page 2 The private improvements constructed in conjunction with Tract No. 15391 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. 15391 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 attached showing the non - standard improvements and the location of the subject project. Steak;G. Badum is Works Director By: Richard L. Hoffstadt, P.E. Development Engineer Attachments: Exhibit Encroachment Agreement i ¢ .� \ J�. I o r. L 5 %` 2 `O < � Qp'y9�0 SD \� ♦ it C z 1 `� h e5 $d i 66 `% J 1 ao 6" 6p i co 0 o � rl 1 0 .� 3Aaa Ave a3.s,w O N N E U N n °� N `\ 1 M r � -- In 1 M 0 � N N N cNj W I n n I to 8 I E p ' m LO i N N N M M PA $ 1 ^ v c - 3va0 ssvaJMvs . i m y^ 1 1 CO M M M M N M 93 1 7 O 00 Of M g * a v 3NtlQ Qp���Q3 � _ n C 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 fine for Recorder's use only. ENCROACHMENT AGREEMENT (Lot 31, Tract 15391) THIS AGREEMENT is made and entered into this day of i ULY , 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 easement dedicated to CITY located in Lot No. 31, Tract 15391, as shown on a map recorded in Book 761, Pages 40 through 44 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; WITNESS WHEREAS, Pacific Bay Properties developed Tract No. 15391; and WHEREAS, Pacific Bay Properties has permitted construction of certain non - standard improvements (hereinafter "PERMITTED IMPROVEMENTS ") over a sewer easement in Tract No. 15391 Newport Beach, California (hereinafter "EASEMENT') and legally described as a 36 -foot sewer easement located in Lot No. 31 in Tract 15391 (hereinafter "SUBJECT PROPERTY "), as shown on a map recorded in Book 761, Pages 40 through 44 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; and 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 1 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; follows: NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a wrought iron fence, pilasters, landscape lighting, 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; 2 (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 FAUSERS1P6W0HoHstsdMGEnc Agt- Tr15391-Lot 31 -2.dm Q CITY OF NEWPORT BEACH, a Municipal corporation 0 Mayor 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 (This area for official notarial seal) STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On JMA 16 2002, before me, Aurora b0r1Z41e2. personally appeared nmf-s R. wyleeler , personally known to me ( snce) to be the person(g) whose name(g) is /ar-e: subscribed to the within instrument and acknowledged to me that he /sbaAlaey has executed the same in his/be4heir authorized capacity(ies), and that by his /bo4i4eif signature(w) on the instrument the person(g) or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and fcY said State all a�P� =�* —Ay��- AURORA GON2ALE2 �� rti =� Comm. N1214388 iip� G(` � , NOTARY PUALIC- CALIFORNIA b� �� Orange County "° n. MY Comm. Ezpires Mar.29, 200: � (This area for official notarial seal) EXHIBIT `A' TRACT 15391 SHEET 1 OF 1