HomeMy WebLinkAboutC-2152 - Agreement for Non-Standard Street Improvements Tract Nos. 11604 and 121641 ExMnpt TVCOrding M.Q1 *ftf ppr
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk ��'j°2fH-
City of Newport Beach
3300 Newport Boulevard
P.C. Box 1768
Newport Beach, CA 92663-3884
and a copy to:
J.M. Peters Company, Inc.
1601 Dove Street, Suite 190
Newport Beach, CA 92660
C7.71TERATION
85--092819
RECORDED IN OFFICIAL F
OF ORANGE COUNTY CA
-4 oo PM MAR
1
Space above this line for Recorder's use only
AGREEMENT FOR NON-STANDARD STREET IMPROVEMENTS
TRACT NOS. 11604 AND 12164
THIS AGREEMENT is made and entered into this
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RECEIVED „Q
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, 1985, by and between the CITY OF NEWPORT BEACH,
a municipal corporation, hereinafter referred to as "CITY", and
u hereinafter referred to as "COMPANY".
WIT.NESSETH:
WHEREAS, COMPANY desires to construct non-standard street
improvements at certain locations on Bayridge
streets and public utility easements as shown
Drive and Hartford Drive, private
on a Map of Tract 11604, filed
in Book 529-,-pages 25 to 28 inclusive, of Miscellaneous Maps, Records of
Orange County, and as shown on a Map
29 to 32 inclusive, of Miscellaneous
and
of Tract 12164, filed in Book 529, pages
Maps, Records of Orange County, California;
WHEREAS, said lots are also public utility easements; and
WHEREAS, CI►Y has water and sewer facilities located within said
public utility easements; and
WHEREAS, CITY desires 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
construct said non-standard improvements.
NOW, THEREFORE, in consideration
parties hereto agree as follows:
1 of 3
by CITY to permit COMPANY to
of their mutual promises, the
1. It is mutually 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.
2. CITY will allow COMPANY to construct, reconstruct, install,
maintain, use, operate, repair and replace non-standard street improvements
and all facilities and appurtances necessary and incidental thereto, over
CITY's water and sewer facilities, all in substantial conformance with plans
and specifications therefore on file in the CITY's Public Works Department.
CITY will further allow COMPANY to take all reasonable measures necessary or
convenient in accomplishing the aforesaid activities.
3. COMPANY and CITY further agree as follows:
(a) COMPANY shall construct and install non-standard street
improvements and all facilities and appurtances necessary and incidental
thereto, in substantial conformance with plans and specifications therefor
on file in the CITY's Public Works Department.
(b) COMPANY shall maintain the aforesaid non-standard street
improvements and facilities in accordance with general prevailing standards
of maintenance, and to pay all costs and expenses incurred in doing so. How-
ever, nothing herein shall be construed to require COMPANY to maintain,
replace or repair any CITY -owned pipeline, conduit or cable in or under said
non-standard street improvements.
(c) That should CITY be required to enter onto any easements
owned by CITY to exercise its primary rights associated with said easements,
including, but not limited to, the maintenance, removal, repair, renewal,
replacement or enlargement of the water or sewer facilities, the CITY may
remove portions of the non-standard street improvements and in such event:
(.i) CITY shall notify COMPANY of its intention to
accomplish such work;
(ii) COMPANY shall be responsible for arranging for any
renewal or restoration of the non-standard street improvements affected by
such work by CITY:
2 of 3
(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) COMPANY agrees to pay any costs of renewal or restor-
ation of the non-standard street improvements in excess of the costs to be paid
by CITY.
(d) COMPANY agrees to indemnify and hold harmless CITY, its
officers, agents and employees from all demands, claims, losses or liability
on account of injury or damage to persons or property suffered or claimed
to be suffered as a result of the construction, use, maintenance or renewal
of the non-standard street improvements.
4. It is mutually agreed that this Agreement shall be binding
upon the heirs, successors and assigns of COMPANY, and shall be recorded in
the Office of the County Recorder of Orange County, California; provided, however,
that COMPANY may, without CITY's consent, assign its rights and upon such
assignment, COMPANY shall be relieved of any obligations to CITY hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed on the day and year first above written.
ATTEST:
APPFOVED AS TO FORM:
torney
CITY OF NEWPORT BEACH,
a Muni-ci p-a1 Corporation
By
Mayor
BAYRIDGE, a joint venture
By: J.M. PETERS COMPANY, INC.,
a California corporation
By
By
R�BERT J. TRH',' Vicee Pr, e;10
OBERT C. LIEWER,�Vi
3 of 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
SS.'
On , 1985, before me, the undersigned, a
Notary Public in and for the State, personally appeared
known to me to be the Mayor, and , known to me to
be the City Clerk of the Municipal Corporation that executed 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.
Notary Public in and for said State
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On January 29th , 1985, before me, the undersigned, a
Notary Public in and for the State, personally appeared Robert J. Trapp
and Robert C. Liewer , personally known to me or proved to me on the basis of
satisfactory evidence to be the persons who executed the within instrument as
Vice President and Vice President or on behalf of the J.M. PETERS COMPANY,
INC., a California corporation, and acknowledged to me that they subscribed the
name of the corporation, said corporation being one of the joint venturers of
BAYRIDGE, the joint venture therein named.
WITNESS my hand and official seal.
OOu SEAL
CHRISTINA E. lUEBL
wow weuc CALIFORNIA
PRINCIPAL ONCE M
ORANGE COUNTY
My Commission Exp. Nix 4.1988
EXHIBIT "A"
// Area of "non-standard street improvements"
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