HomeMy WebLinkAboutC-6246(B) - Agreement for Ticonderoga Street - 1984From: 714 800-4749 To: Paul Page: 8/14 Date: 4/2/2002 2:11:30 PM 1^ Ate, h
84-400786
7- RECORDING REQUESTED BY AND
WHEN RECOROED RETURN TO RECOADEa Ik OFFICIAL RECORDS
City Clerk OF ORANGE COUNTV-CALWORNIA
City of Newport Beach -PLO PM W 26'84
3300 Newport Boulevard
V Newport Beach, California 92663-3884 coy"tv
£?C� M�PT c�-G',/.��-
Space above Viis line for recorder's use only.
AGREEMENT FOR TICONDEROGA STREET
THIS AGREEMENT is made and entered into this /%:�6 day of
1�_,4�A'A � , 1984, by and between the CITY OF NEWPORT BEACH, a munici-
pal corporation, hereinafter referred to as "CITY" and the NR)PORT CREST
HOMEOWNERS ASSOCIATION, hereinafter referred to as "ASSOCIATION."
WITNES.SETH•
W_tEREAS, ASSOCIATION desires to enter into an Agreement with CITY
to satisfy the conditions of approval for the vacation of Ticonderoga Street
as required by Resolution 84-38 and to construct non-standard street improve-
ments at certain locations on Ticonderoga Street, a private street and public
utility easement recorded as Instrument No. 9!�.. 4 VZ-4¢ of Official Records
of Orange County, California; and
WHEREAS, "he ASSOCIATION is authorized, under its Bylaws and Articles
of Incorporation, to writer*into this Agreement, and to perform aTi of the duties
and obligations required of the Agreement; and
WHEREAS, the ASSOCIATION has, in accordance with its Bylaws and
Articles of Incorporation, duly authorized the President and Secretary of the
Association to execute this Agreement; and
WHEREAS, CITY and utility companies have underground and above ground
utilities located within said public utility easement; and
WHEREAS, CITY desires to enter into an Agreement with the ASSOCIATION
as required by Resolution 84-38, and 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 the City Council under Resolution
No. 84-38 and to permit ASSOCIATION to construct said non-standard improvements;
NOW, THEREFORE, in consideration of their mutual promises, the parties
hereto agree as follows:
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1. The ASSOCIATION shall maintain a policy of insurance with CITY as
an additional insured, that provides coverage in the sum of One Million Dollars
($1,000,000) or more with respect to any loss, damage or injury, which arises
4_
out of, or is in any way related to the use of Ticonderoga Street subsequent
to the date on which the Resolution of Vacation is recorded; and ASSOCIATION
shall require insurance carrier to provide 30 days' notice to CITY prior to the
cancellation of any such policy of insurance;
2. The ASSOCIATION shall indemnify, hold harmless, and defend the
CITY with respect to any loss or injury that arises out of, or is in any way
related to the use of Ticonderoga Street subsequent to the date of vacation;
�Ctd�'t0 exceed three million dollars, either individually or totally, per incident;
3. The ASSOCIATION shall maintain Ticonderoga Street in good condi-
tion and repair;
4. The ASSOCIATION shall pay 25% of the cost of a traffic signal to
be constructed at the intersection of Ticonderoga Street and Superior Avenue
and prior to vacation, the ASSOCIATION shall deposit, or bond for the amount of
Twenty Thousand Dollars ($20,000), which represents approximately 25% of the
cost of the signal;
5. The ASSOCIATION shall allow Ticonderoga Street to be extended
westerly and connected with 15th Street at such time as 15th Street and Bluff
Road are constructed to connect to Coast Highway;
6. The ASSOCIATION shall obtain approval of CITY through the Public
Works Department for the design and installation of a guard gate or gates on
Ticonderoga Street;
7. It is rmtually 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 and any planters, minor structures or guard gates
within the public utility easement.
S. CITY reserves the right to enter onto Ticonderoga for purposes
of fire protection, law enforcement, or utility repair, maintenance, renewal,
replacement or enlargement of those facilities under its responsibility.
9. CITY will allow ASSOCIATION 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
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storm drain, water, sewer, and street lighting facilities, all in substantial
conformance with plans and specifications therefor on file in CITY's Public
Works Department. CITY will further allow ASSOCIATION to take all reasonable
measures necessary or convenient in accomplishing the aforesaid activities.
It will be necessary for the ASSOCIATION to obtain separate authorization for
the construction of non-standard improvements over the facilities of the various
utility companies.
10. ASSOCIATION and CITY further agree as follows:
(a) ASSOCIATION shall construct and install non-standard street
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) ASSOCIATION shall obtain an Encroachment Permit from the
Public Works Department for work within said easement over CITY utilities and
shall obtain permission from the utility companies to perform work which may
affect their respective facilities.
(c) ASSOCIATION shall maintain the existing Ticonderoga Street
asphalt roadway improvements westerly of Intrepid Street westerly entrance.
(d) ASSOCIATION shall maintain paved service access to all CITY
and utility company facilities at all times.
(e) CITY shall permit ASSOCIATION to construct a block wall at
the westerly end of Ticonderoga Street as approved by the Public Works Depart-
ment provided the ASSOCIATION shall cause wall to be removed (at ASSOCIATION
cost) when Ticonderoga Street is extended.
M ASSOCIATION shall maintain the aforesaid non-standard street
improvements and facilities in accordance with general prevailing standards of
maintenance, 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 or utility -owned pipeline, conduit or cable in or under said
non-standard street improvements unless ASSOCIATION or its contractors are re-
sponsible for the damaged facility.
(g) That should CITY or utility company be required to enter onto
any easements owned by CITY to exercise its primary rights associated with said
ease*nfs, including, but not limited to, the maintenance, removal, repair,
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renewal, replacement or enlargement of their utility lines, CITY or the utility
company may remove portions of the non-standard street improvements and in such
event:
(I) CITY or utility company shall notify ASSOCIATION of its
intention to accomplish such work provided an emergency does not exist.
.(ii) ASSOCIATION shall be responsible for arranging for any
renewal or restoration of the non-standard street improvements affected by such
work by CITY or utility company.
(iii) CITY agrees to bear the portion of the costs of any 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
i
street Improvements in the same location;
(iv) ASSOCIATION agrees to pay any costs of renewal or restora-
tion of the non-standard street improvements in excess of the costs to be paid
by CITY.
11. Should the ASSOCIATION breach the Agreement, CITY shall, at its
option, have the right to obtain a court order for specific performance.
12. It is mutually agreed that this Agreement shall be binding upon
the heirs, successors and assigns of ASSOCIATION 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.
ATTES -
C ty C erk�`—
CITY OF NEWPORT BEACH,
a Municipal Corporation
BY
yor
STAR Of ettFMuL 64-400786
mmn Orange-- I
August 31, IQ 84
before me, the undea Notary Pub in
Ridardw lliams ands Al L44 4h!" r, rrs=osl
. known to me Or prove _ to me tilt � .
ca f'ICF�C!_Rry ey'idenet —'
e to be the Person. whops + yN
DMOTW OFFMA � and aCMfttdged to me that ._k&_ executed the same.
MIX IX . CALNG10 li
MUNR
GRANGE i� N NdiNES� mi' i�t and afhcia! seat
obCannimianE y INS
Dorothy L. Palen
AM._..
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From: 714 800-4749 To: Paul Page: 12/14 Date: 4/2/2002 2:11:31 PM
1 Y I
84--400786
renewal, replacement or enlargement of their utility lines, CITY or the utility
company may remove portions of the non-standard street improvements and in such
event:
(i) CITY or utility company shall notify ASSOCIATION of its
intention to accomplish such work provided an emergency does not exist.
.(ii) ASSOCIATION shall be responsible for arranging for any
renewal or restoration of the non-standard street improvements affected by such
work by CITY or utility company.
(III) CITY agrees to bear the portion of the costs of any 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; f
(iv) ASSOCIATION agrees to pay any costs of renewal or restora-
tion of the non-standard street improvements in excess of the costs to be paid
by CITY.
11. Should the ASSOCIATION breach the Agreement, CITY shall, at its
option, have the right to obtain a court order for specific performance.
12. It is mutually agreed that this Agreement shall be binding upon
the heirs, successors and assigns of ASSOCIATION 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.
CITY OF NEWPORT BEACH,
a Municipal Corporation
ATTES
City C erk
APPROVED AS TO FORM:
'Uity Attorney
4 of s
NEWPORT CREST HOMEOWNERS ASSOCIATION
Presi ent
BY ��
v Secretary
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From: 714 800-4749 To: Paul Page: 13/14 Date: 4/2/2002 2:11:31 PM
84-400786
renewal, replacement or enlargement of their utility lines, CITY or the utility
company may remove portions of the non-standard street Improvements and in such
event:
(i) CITY or utility company shall notify ASSOCIATION of its
intention to accomplish such work provided an emergency does not exist.
. (ii) ASSOCIATION shall be responsible for arranging for any
renewal or restoration of the non-standard street improvements affected by such
work by CITY or utility company.
(iii) CITY agrees to bear the portion of the costs of any 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) ASSOCIATION agrees to pay any costs of renewal or restora-
tion of the non-standard street improvements in excess of the costs to be paid
by CITY.
11. Should the ASSOCIATION breach the Agreement, CITY shall, at its
option, have the right to obtain a court order for specific performance,
12. It is mutually agreed that this Agreement shall be binding Upon
the heirs, successors and assigns of ASSOCIATION 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.
CITY OF NEWPORT BEACH,
a Municipal Corporation
BY 440r4�
City Clerk
n% OF MIFMis. 64-400786
CNN" OraMe
before
Fed no fil tal for said State red
The undersigned A aA(' ightner, I
Ri hard I
Known to me Mrsoftni—T—W
v _w me on tne basis o,
-------- -1&tt%fdCtUy_eyidence kmwn to IM',
_ON�0909600___ to be tk PffSQR_'%_ Wba
-DORwmasmEM moe--S- Are toga WN" hl*WeK
OTW Ind ackmmWSW to me ttQt they
N exeMed the Um
now KewL 1PIANLL- CA140"No
M11111CM WME IN MR= 07hand and official uat
of C-AbdW EoiMra APO & M
Dorothv L. Palen
�M'-4wn rep.2334W. 3"
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From: 714 800-4749
STR`.-E OF CALMR711A }
} ss:
CVVITY OF ORAZNGE }
To: Paul Page: 14114 Date: 4/2/2002 2:11:31 PM
-400786
On September 19, , I9L4, before ire, the undersigned a ;rotary
Pubf'c in saie_State, nersonaTly appeared
Evelyn R. Hart , knot -in to me to be the
Mayor and WaAWT7. Raggio known to me to be the
ity Clerk of the Municipal
/ Corporation that executZd the within Instrument, known to me to be the
/ persons who executed the within instrument on behalf of the Municipal
Corporation therein named, and acknowledged to me that such Municipal
Corporation executed the within instrument pursuant to a resolution of its
City Council.
WITNESS my hand and official seal.
------------
GMM SEAL
OollOtfiv t. PME"
riaRrana. ors ur
ter rMst05
STATE OF CALIFORNIA )
ss:
COUNTY OF )
atary u -n an ka State
OROTHY L. PALEN
On this day of , 1994, before me,
a Notary u is in and or say ta�te, personally appeare personally
and + p
no1rn to me or prove to me on the basis o sags actory e— ence) to be the
President and Secretary, respectively, of Newport Crest Homeowners Association,
that executed the within instrument 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, kid said corporation being known
to me (or proved to me on the basis of satisfactory evidence) to be one of
the joint ventures of , the joint venture
that executed the within instrument and acknowledge to me that such corpora-
tion executed the same both individually and as joint venture of said joint
venture and that such joint venture also executed the same.
Not u tc n and or sal State
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