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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: Iof5 v. • t �...-. r{-i 1,., • !1,-�.,.-rc ra nl+�...,.,a+, f-_V �,- n--Tn 1 QRd Ann7R9 A- 9 --F 7 From: 714 800-4749 To: Paul Page: 9/14 Date: 4/2/2002 2:11:30 PM z f $-400786 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 2 of 5 ,-, n--Tn i oaQ ann7QA� n�..o • 9 -F 7 From: 714 800-4749 To: Paul Page: 10/14 Date: 4/2/2002 2:11:31 PM 84-400786 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, t 3of5 n--Tn ioae Ann7R-- V.-- Q --F 7 From: 714 800-4749 To: Paul Page: 11/14 Date: 4/2/2002 2:11:31 PM 25, 84-404786 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._.. �e�t�h ....�. ... and todgq _ . n,,,,rn 1 oaa AIV)70F D�.,a • e -c 7 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 r,. r n,-.-- r-a n. ,, a fi_v n--Tn yoRe en1)7Q,< D­ 9 --F 7 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" n=�21 n--Tn 1QQA AI)f)7.Qg V­ 9 --F 7 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 5of5 n--Tn 9 Qnd enn7Q9 7:).-- 7 --F 7