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Home My WebLink AboutC-4888 - Agreement for Non-Standard Improvements and Street Maintenance for Back Bay Drive Tract No. 1193700 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk/ ` `GL City of Newp' rt Bea' h Post Office Box 1768 U 3300 Newport Boulevard Newport Beach, CA 92658-8915 99-2388 3 $1.3.040 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA -lloa AM MAY 7'90 C12 Space above this line for Recorder's use only. RECORDER AGREEMENT FOR NON-STANDARD IMPROVVEMENTS AND STREET MAINTENA C,. RECEIVED VED FO BACK BAY DRIVE MAY 17 1990 CITY CLERK O CITY F TRACT NO. 11937 kEWCITYACH THIS AGREEMENT, made and entered into this / day of 90 1911r, by and between THE IRVINE COMPANY, a Michigan Corporation, hereinafter referred to as "OWNER", and the CITY OF NEWPORT BEACH, a municipal corporation, organized and existing under and by virtue of its Charter and the Constitution and the laws of the State of California, hereinafter referred to as "CITY"; WITNESSETH WHEREAS, the westerly half of Back Bay Drive from Jamboree Road to approximately 550 feet southerly of Jamboree Road and the full width of Back Bay Drive from approximately 550 feet southerly of Jamboree Road to its southerly. terminus approximately 950 feet southerly of Jamboree Road is a private street within the Tract 11937 boundary, with the remainder being a public street; and WHEREAS, Back Bay Drive provides vehicular access to Tract 11937 exclusively; and WHEREAS, OWNER is res'ponsible for the repair and maintenance of Back Bay Drive, a private street, located within Tract 11937, a residential subdivision, hereinafter referred to as Tract 11937; and WHEREAS, OWNER desires to construct certain improvements, hereinafter "NON-STANDARD IMPROVEMENTS", within Tract 11937 as shown on Exhibit "A", attached hereto and made a part herein by this reference, located along Back Bay Drive, a private street of Tract 11937, as shown on a map filed in Book45g Pages2¢to 29 , inclusive, of Miscellaneous Maps, Records of Orange County, California; and 1 of 3 WHEREAS, underlying said street is a public utility easement granted to the CITY, (hereinafter "EASEMENT"), and WHEREAS, said NON-STANDARD IMPROVEMENTS may interfere with CITY's ability to construct, operate, maintain, and replace CITY facilities within EASEMENT; and WHEREAS, the underlying public utilities benefit the Tract; NOW, THEREFORE, in consideration of their mutual promises, the parties hereto agree to follows: 1. It is mutually agreed that OWNER shall maintain the entire Back Bay Drive street improvements (curb, gutter, sidewalk and pavement improvements) both public and private, from Jamboree Road southerly approximately 950 feet to its southerly terminus as shown on Exhibit "A". 2. It is mutually agreed that NON-STANDARD IMPROVEMENTS shall be defined as textured paving & brick pavers and appurtenances within the easement as shown on Exhibit "A"; and any additional landscaping or improvements other than ground cover or standard street improvements. 3. Should CITY be required to enter onto said EASEMENT owned by CITY to exercise its primary rights associated with said EASEMENT, including, but not limited to, the maintenance, removal, repair, renewal, replacement or enlargement of the existing or future facilities, CITY may remove portions of the non-standard improvements, as required, and in such event: a. CITY shall notify OWNER of its intention to accomplish such work, unless an emergency situation exists so that prior notice cannot be given. b. OWNER shall be responsible for arranging for any renewal or restoration of the non-standard improvements affected by such work by CITY. c. 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. d. OWNER agrees to pay any costs of renewal or restoration of the non-standard improvements in excess of the costs to be borne by CITY as provided in this agreement. 4. OWNER shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all 2 of 3 loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorney's fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to the construction, use maintenance or renewal of the NON-STANDARD IMPROVEMENTS. 5. OWNERS agrees that this Agreement shall remain in full force and effect from execution thereof; shall run with the land; shall be binding upon the heirs, successors, and assigns of OWNER's interest in the land whether fee or otherwise, 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. ATTE City C erk APPR.Y3VED AS TO FORM: ttorney STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) TY OF NEWPORT BEACH, unic; pal Corpory tion ayor •,`THE IRVINE COMPANY, dba IRVINE PACIFIC By T, Patrick Smith, President ichard E Lamprecht, ssist. Secretary 90 On , 19iR, before , the undeysignddtary Public in and for t Stake, personally appeared ��(/ /� `�k own to m� to be the»yor o the City of Newport Beach and � C/Cc - Aft__ , known to me to be the City Clerk of the Cit of Newport Beach, n to me to be the persons whose names are subscribed Y p to the within instrument, and acknowledged to me that they executed the same. WITNESS my hand and official seal. Notar STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) d d ate OFFICIAL SEAL SNAUNA LYN OYLER NOTARYPI LC • CALIFORNIA ORANGE COUNTY M) Comm. Evokes Jan. 16,1993 On , 1989, before me, the undersigned a Notary Public in and for the State, personally appeared T. Patrick Smith and Richard E. Lamprecht known to me to be the President and Assistant Secretary of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal: OFFICiAL'SEAL MARIA ELIZABETH LANE;_ NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY MY COMM. EXP. JAN. 5, 1993 LO i P11 ' th ASZ Notary Public in)and for said State 3 of 3 1H ExH/Q/T A pF,2 Pob---N614//4',47 Ze/A/65 i ... :••• . ......... soA ... 7. . c..? •.... ';••• • ••••••••:: ier 13tA1/4i.1 . NeiNPI)ri Col°4'r .BACK BAY DR/YE (ROSZ./C STREET) 7W/$ RE-MAW/NS Pa51-/C Pt:JET/ON W/L-L A4A/N7-,4 /A/ED BY THE /RV/NE C0/11P/WY: 4.4CA' .43AY DR/YE (TO SE VACATED) BACH RA/ DR/XE (PRIVATE STREET) PERM //.937 044g( ::.•••:. \‘‘‘,\\‘‘‘\‘ v•t•••• ,\‘‘ \‘0, ‘,‘,•o,\, v,‘, ‘,,,‘ \\ ,\0 ,\ ,,, ,\0 ,\,,\,,‘,•,\,\ ••,...t: , .:••• •••5.1 •,\,,\,,\,,\, \\,s,Q‘s,, \\,,‘,,‘,,\,, ‘,\,,‘,\,, ..-•:••• ‘:\\‘\\\‘‘::\\\ : .... •. ...... i•:••• \\q\\,\:::::;‘\\\\\ \, ,q,\,\,‘,\; ‘‘ \oo , , \ \ 0 ,,,,‘,,‘, , \\,,‘\‘‘‘‘‘,‘\,.\‘‘.\‘‘,:‘\‘,\\‘‘\\;\‘‘‘‘‘‘\\\‘,.\\ ‘\,,,\,,\,\\\,q \\‘‘\\\‘,\\\\‘‘\\,\\\\‘‘‘‘‘\‘‘`\\;\\\`‘S‘\\‘ \\0\‘‘qq\‘ „‘,,,‘,‘,‘,,, \,,;,o‘ ..... . MINIWA111111111 tiVrAlktaillgE- Adams .* Streeter CIVIL ENGINEERS INC. 15 Corporate Pork Irvino, CA 92714 C7143 474-2330 EXHIBIT MAP PROPOSED STREET VACATION BACK BAY DRIVE J.N. DATE 4/20/89 SCALE := /00