The URL can be used to link to this page

Home My WebLink AboutC-3970 - Sewer Lateral Maintenance AgreementRECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach Post Office Box 17618 3300 Newport - Boulevard Newport Beach, CA 92659-1768 Recorded in the county Of orange, california Gary L Granville, Clerk/Recorder III11li113 111111111 No Fee 19990201603 1, 51pm 03/19/99 005 7020845 07 28 Al2 7 6.00 18.00 0.00 0.00 0.00 0.00 Space above this line for Recorder's use only. EXEMPT RECORDING REQUEST PER GOVERNMENT CODE 610,3 SEWER LATERAL MAINTENANCE AGREEMENT This Sewer Lateral Maintenance Agreement (hereinafter "Agreement") is made and entered into this day of 1 \1u ,r, 199 Gj , by and between the City of Newport Beach, a municipal corporation of the State of California (hereinafter "City") and Irvine Apartment Communities, L.P., a Delaware limited partnership (hereinafter "Owner"). RECITALS A. Owner is the owner of that certain apartment project within the city limits of City in Tract 14989 commonly known as the Baypointe Apartments (hereinafter "Project"). B. In connection with the development of the Project, various private sewer lateral lines (hereinafter "Laterals") were constructed by Owner within the Project. Although not constructed to City standards, the Laterals were permitted by City so long as Owner agreed to be responsible for the permanent maintenance and repair of the Laterals. C. The Laterals connect into the 8 inch public sewer lines throughout the Project. Maintenance of the public sewer lines (hereinafter "Main Sewer Lines") is not the responsibility of Owner. The depictions attached as Exhibit "A" and "B" to this agreement illustrate the typical locations of the laterals and of the Main Sewer Lines throughout the Project. D. City cannot release the bonds posted with the City in connection with the Project without Owner's agreement to be responsible for maintenance and repair of the Laterals. 110398-1631 / P90000-001 / 94989.4 -1- AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows: 1. Maintenance of Laterals. Owner agrees to provide, at its sole cost and expense, all necessary maintenance and repair of the Laterals for so long as the Project continues as apartments or condominiums on the Project site; provided, however, that if (a) Owner transfers or conveys its ownership interest in the Project (or in the case of a condominium project, transfers fee title to the common areas where the Laterals are located) and assigns to the transferee the maintenance and repair obligations of Owner under this Agreement, and (b) the transferee agrees to accept such assignment and assumes Owner's obligations under this Agreement, then Owner shall be relieved of such obligations as of the effective date of such assignment. Owner acknowledges that unless the agency or entity responsible for maintenance of the Main Sewer Lines agrees otherwise, no public agency or entity shall be responsible for the maintenance of the Laterals within the Project. 2. Compliance with Standards. In the performance of its obligation relating to the maintenance and operation of the Laterals, Owner shall comply with all applicable laws, ordinances, rules and regulations (collectively hereinafter, the "Standards") of City and/or the public agency responsible for maintenance of the Main Sewer Lines, Owner shall perform all maintenance and repair at a level consistent with the Standards. 3. No Rights in Public. Nothing herein contained shall be deemed a gift or dedication of any portion of the Project to or for the general public, It being the intention of the parties that this Agreement shall be strictly limited to and for the purpose herein expressed.' 4. Notices. All notices or other communications between the Parties shall be made by hand - delivery, prepaid first-class mall, or telecopies, as follows: If to City: City of Newport Beach Public Works Department 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 Attn: Development Engineer Fax No. (949) 644-3318 If to Company: Irvine Apartment Communities 550 Newport Center Drive Newport Beach, CA 92660 Attn: Richard E. Lamprecht Fax No. (949) 720-5550 All such notices shall be deemed to have been duly given: when delivered by hand, if personally delivered; two business days after being deposited in the mail, postage pre -paid, if mailed as aforesaid; and when receipt acknowledged, if telecopied. 110398-1631 / P90000-001 / 94989.4 -2- 5. Successors. This Agreement shall binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 7. Entire Agreement. This Agreement contains the entire agreement between the parties relating to the subject matter hereof. This Agreement supersedes all prior agreements and understandings between the parties with respect to such subject matter. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. APPROVED AS TO FORM: By: City Attorney ATTEST: By: City Clerk 110398-1631 / P90000-001 / 94989.4 -3- CITY OF NEWPORT BEACH a municipal corporation By: City Manager OWNER: Irvine Apartment Communities, L.P., a Delaware limited partnership By: Irvine Apartment Communities, Inc. , a Maryland corporation, genera partner By: Name: Title: By: Name: Title: Director, Development MPRECI IT Senior Vice President Irvine Ranch Division President CALIFORNIA ALL-PURPv,,.,,c ACKNOWLEDGMENT C��./Jl�'l./1../�1.,/l1�./l✓lilt./111./l./1./.r./lt./l./lIIJ/l�./f../Illl/l�ll./l./ll/./l./llJ.l k State of County of 0 On e_.,M 11 i' 6 98' Dateij� personally appeared KI Lg'personally known to me — OR — E proved ON EON JENSEN NOTARY PUBLIC - CALIFORNIA _; ` COMMISSION A 1122411 j itlwj ORANGE COUNTY 7e vy w`� My Comm. Exp. Ma oh 3, 2041 .CC before me, S LR- n lQJl VTh Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) 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 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(s) acted, executed the instrument. WITNESS my hand and official seal. ignat e of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: fY\, lTh K:k. Document Date: tez_22-�, � ct Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Number of Pages: Signer Is Representing: Signer's Name: • Individual E Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: OF SIGNER Top of thumb here f./Jl./il././lll./l./1.s*.//l./!Jl�✓.IJlt�llr/yJ✓./�^..�.J".�"l✓ "Ill!✓"1.�./".✓f./J1...r.J'"X✓✓/�/./" ✓t/"..✓`! O 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 STATE OF co\ . 5co c ) ) ss. COUNTY OF Public On �e1• 'Q , 19s, before me, ek;VV ` personally appeared �J �� to�e�e erso to the w i in instrument and acknowledged to me tha his/her '� uthorized capacit (ies and that by his/he perso :� or the entity upon behalf of which the perso r `Notary O�v-� personally known to me -or proved hose nam.' arsubscribed WITNESS my hand and official seal. (SEAL) STATE OF z z COUNTY OF CATHY FISHER Commission # 1174329 Norary Public - California Orange County My Comm. Ex*es F� 21, 2CC2 ) ss. ) z i - p e/she they execute ctt ne same in ignatur ) on the instrument the cted, executed the instrument. ry Public On , 1998, before me, , Notary Public, 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 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(s) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) 110398-1631 / P90000-001 / 94989.4 -4- Notary Public L'`()Cl" "Ji) Vfe' If Di 1 it . jXHIBIT 'A' CLEANOUT (TYP,) _ PRIVATELY MAINTAINED g'.-.PuaLJcJ SEWER LATERAL (TYP.) PR/VATELY WJNTAINED CLEANOUT (TYR) VATELY MAINTAINED PU6L1C-LSEWE 4SEWER LATERAL (1'YR) I PRIVATELY MAINTAINED Li er" LL 3' SEWER LATERALS (TYP.) ...._1= PRIVATELY MAINTAINED : 1 i r-* 3" SEWER LATERALS (IYP.) 4 = PRNATELY liAINTAINED — — — — PRNATELY MAINTAINED SANITARY SEWER LATERAL PUBLIC MAINTAINED SANITARY SEWER WIN LINE Anir Dr; JOB NO, 94-996 DATE: OCTOBER 28, 1996 ,7) EXHIBIT 'B' •e—rPUBLIC-5 WER 4' SEWER LATERAL (TYP.) _,-�'1 PRIVATELY MAINTAINED t yr- 3' C PRIVY (TYP-) AJNED CtE)NOUTn (TYP•) PRNa7ELY 'AINED Jl 4' SEWER LATERAL (TYP.) PRNATELY MAINTAINED 8'-1—PUBLIC—SEWER — — — — — — PRIVATELY MAINTAINED SANITARY SEWER LATERAL PUBLIC MAINTAINED SANTTARY SEWER MAIN LINE JOB NO. 94-996 DATE: OCTOBER 28, 1996 TOTAL • 03