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Home My WebLink AboutC-1045 - Entry agreement adjacent to Palisades Roadx r ENTRY AGREEMENT THIS ENTRY AGREEMENT made as of this day of 1966, by and between THE IRVINE COMPANY, hereinafter 'Owner" and THE CITY OF NEWPORT BEACH, hereinafter "City." RECITALS Owner is the owner of certain real property in the City of Newport Beach, County of Orange, State of California, located adjacent to Palisades Road, lying generally between the intersections of Palisades Road and MacArthur Boulevard, and Palisades Road and Jamboree Boulevard, hereinafter "the premises." City desires to enter upon the premises to grade slope banks and plant suitable ground cover upon the following terms and conditions. W I T N E S S E T H• 1. Owner hereby grants the right of entry to the City of Newport Beach to enter upon the premises as delineated in red on Exhibit "A" attached hereto and by this reference incorporated herein. 2. Said entry permit is limited to entry for the purpose of construction of slope banks adjacent to Palisades Road in accordance with the plans and specifications of Palisades Road Project, Contract No. 1009, Drawing R- 5041 -S, Sheets 1 -6, dated March 30, 1966. 3. City agrees to plant and cultivate without cost to Owner, until growth is established, suitable ground cover as mutually approved by the parties hereto. 4. The term of this entry permit shall be until said ground cover shall be established, but in any event shall terminate not later than January 1, 1967 5. Owner shall not be liable for any loss, damage or -1- injury of any kind or character to any person or property arising from entry upon or construction operations on the premises or caused by any defect in any building, structure or other improvement thereon or caused by or arising from any act or omission of City or any of its agents, employees, licensees, or invitees or by or from any accident on said premises or any fire or other casualty thereon or occasioned by the failure of City to maintain the premises in safe condition, or arising from any other cause whatsoever and City, as a material part of the consideration of this entry agreement, hereby waives on its behalf all claims and demands against Owner for any such loss, damage or injury of City and hereby agrees to indemnify and hold Owner entirely free and harmless from all liability for any such loss, damage or injury of other persons and from all costs and expenses arising therefrom. 6. City shall not suffer or permit to be enforced against the premises covered by this entry agreement, or any part thereof, any mechanics', materialmen's, contractors' or subcontractors' liens arising from or any claim for damage growing out of the work or any other claim or demand howsoever the same may arise, but City shall pay or cause to be paid all of said liens, claims or demands before any action is brought to enforce the same against said land; and City agrees to indemnify and hold Owner and said land free and harmless from all liability for any and all such liens, claims and demands, together with reasonable attorneys' fees and all costs and expenses in connection therewith. Notwithstanding anything to the contrary hereinabove contained, if City shall in good faith contest the validity of any such lien, claim or demand, then City shall, at its expense, defend itself and Owner against the same and shall pay and satisfy any adverse judgment that may be rendered thereon before the enforcement thereof against Owner or the premises, upon the condition that if Owner shall require, City shall furnish da' r" '''CS: to Owner a surety bond satisfactory to Owner in an amount equal to such contested lien, claim or demand indemnifying Owner against liability for the same, and holding the premises free from the effect of such lien or claim or if Owner shall request, City shall procure and record the bond provided for in Section 1193 -2 of the California Code of Civil Procedure, or any comparable statute here- after enacted providing for a bond freeing the premises from the effect of such lien or claim or action thereon. Owner reserves the right at any time and from time to time to post and maintain on the premises such notices as may be necessary to protect Owner against liability for all such liens or claims. IN WITNESS WHEREOF, the parties hereto have executed this entry agreement as of the day and year first above written. '4\NE coM SEAL APPROVED AS'1 0 t.1 Dated: M� 171 66 CITY_ATTORTVEY By �...1 L�• -cwL IRVINE COMPANY Assistant Secretary THE CITY OF NEWPORT BEACH By A\ (�kl`��,IJUI�J1t1l Vice -Mayor By Deputy City Verk -3- rt iL G�)LIAI` •. 0-6�.D . \ oeo, -10 L::zj 144 EXHIBIT TO: Finance Director FROM: City Clerk SUBJECT: Contract Contract No. C -1045 is Date June 13, 1966 Authorized by Resolution No. 6363 . adopted on May 23d, 1.966 Date Mayor and City Clerk executed Contract May 25, 1966 Effective date of Contract May 25, 1966 Contract with The Irvine pay Address P. 0. Box 37 Irvine, California 92664 Brief description of Contract- ]�jjtry Aareement in mmeation with Paligildmig Amount of Contract _ _ _ Cil Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28,, 29 30 31 32 (12) RESOLUTION SO, 6363 A RESOLUTION 0" ,roi CtTy CWHCIL Oy THE CiTy Op NV4MT BEACH Ai 11Ok NG THE LULUTION OF AN ENTRY AG ENT WITWTHS IRVINE CWANY WHEREAS, The Irvine Company is the c.Niner of certain real p.operty adjacent to palieades Road in the viciaity of its intersections with Jamboree Road and MacArthur 1Boulsvard upon which premises the City desires to enter for the purpose of grad- in& slope banks and plaa,ting groaad cover, and 16WAUS, there has been presented to the City Gourcil an Entry Agree"at under which The Irvine Company grants to the City the right to enter upon said premises for the purposes specified; and WHBBEAB, the City Council has considered the terns and conditions of the agreement and found them to be fair and equitable; NOWO TMEFM# BE FT RESOLVED that said Entry Agreement is approved and the Mayor and City Clerk are authorised and dir- ected to execute the same on behalf of the City of Newport Beach. ADOPTED this . 3d day of Mav , 19". Vice Mayor AWEST: Deputy C . Ity C The Irvine Company Irvine, California 92664 Attention: Gordon B. Jones Project Manager • May 27, 1966 Subject: Palisades Road Entry Permit Gentlemen: Enclosed is a duly executed copy of subject Entry Agreement between The Irvine Company and the City of Newport Beach which was authorized by the Council of the City of Newport Beach on May 23, 1966 by the adoption of Resolution No. 6363, copy of which is attached. lcl Encl. Yours very truly, MARGERYSCHROUDER City Clerk Deputy City Clerk • • MAY 23, 1966 , — /1,q) TO: CITY COUNCIL FROM: PUBLIC WORKS DIRECTOR SUBJECT: ENTRY AGREEMENT WITH THE IRVINE COMPANY FOR THE PALISADES ROAD PROJECT RECOMMENDATION: ADOPT A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ENTRY AGREEMENT WITH THE IRVINE COMPANY. DISCUSSION: THE NEW SECTION ON PALISADES ROAD WILL HAVE SHOULDERS EXTENDING TO THE CITY'S RIGHT —OF —WAY LINE (SEE ATTACHED TYPICAL SECTION). THIS CONDITION CAUSES THE FILL AND CUT SLOPES TO ENCROACH UPON IRVINE COMPNAY PROPERTY NECESSITATING THE SUBJECT AGREEMENT. THIS PROJECT IS BEING ADMINISTERED BY THE ORANGE,000NTY ROAD DEPARTMENT AND CONSTRUCTION IS EXPECTED TO BEGIN IN APPROXIMATELY TWO WEEKS. EPH" Te \DEVL IN LIC W6 5 DIRECTOR ill.J: NAJ ATT: • J N� i nn0, `n VZ N - k jm 0 Q ,U rrw^ N VJ W a h o CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT T Y,o/C.4G S7;2E'E T C.20 SS sEC T /O.c/ SA4 1S40ES .POA0 DRAWN W. O DATE APPROVED PUSUC WORKS DIRECTOR R.E. NO. — DRAWING NO. CITY OF NEWPORT BEACH CITY ATTORNEY To: City Clerk From: City Attorney May 19, 1966 Subject: Entry Agreement with The Irvine Company Transmitted are the original and three copies of an Entry Agree- ment between The Irvine Company and the City. All of these have been executed on behalf of The Irvine Company and approved by me as to form. Also forwarded is a letter dated May 5, 1966, from The Irvine Company to the City with reference to their execution and distribution. The Public Works Department has the fifth copy of the agreement. The attached resolution, if adopted by the City Council, will. approve the document and authorize its execution on behalf of the City. THS:mec Atts. cc - City Manager Public Works Director lATully Se City Attorne THE IRVINE COMPANY IRVINE, CALIFORNIA 92664 (714) 644 -0120 May 5, 1966 City of Newport Beach 3300 West Newport Boulevard Newport Beach, California Attention Mr. B. B. Nolan Subject: Palisades Road Entry Permit Gentlemen: a Enclosed for your execution are five copies of an Entry Agree- ment allowing the City of Newport Beach to construct slopes on certain Irvine property and plant them without the need of ob- taining slope easements. After these copies have been executed and dated, please return the copy marked "The Irvine Company - Copy" to this office. GBJ /cjz Encl. Very truly yours, Gordon B. Jo 4. Project Manager RECEIVED MAY 6 1966 PUBLIC Wohlis DEPT.