HomeMy WebLinkAboutC-1205(B) - Right of Entry agreement, Construction of Jamboree Road, Palisades, MacArthur extensionr
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 0.1205
Description of Contract
crostraction of Jamboree Poad, PaUsades to
MacArthur, C -1205
Authorized by Resolution No. 7186 , adopted on Mm 25, 1970
Effective date of Contract May $8. 3.970
Contract with THE IgyiIE 00l9?ANY
Address 550 Nmwport Center Drava
Newport Beach, CA 92860
Amount of Contract _ n
city tie R
t
1.
2'
3
4
5
6
7
8
9
10
11
12',
13'
14I
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
321
..k>
0
ENTW AGREEMENT
This Entry Agreement was made as of this -,)Je&1Z,_ day of
1970, by and between THE IRVINE COMPANY,
hereinafter called "Owner ", and the CITY OF NEWPORT BEACH, herein-
after called "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 Jamboree Road, lying between Mac Arthur Boulevard and
San Diego Creek, hereinafter called the "Premises ". City desires
to enter upon the premises to.grade slope banks, remove two
buildings, construct culverts and maintain said culverts upon the
following terms and conditions.
WITNESSETH:.
1, Owner hereby grants the right of entry, to City to
enter upon the premises adjacent to the right of way as it exists
at the time of award of.Contract 1205 for the improvement of
Jamboree Road.
2, Said entry permit is limited to entry for the purpose
of construction and maintenance adjacent to Jamboree-Road in accordance
with the plans and specifications for Contract 1205, City of Newport
Beach Drawing R- 5168 =5, Sheets 1 -1b, dated AMfsrt�i 1970. Said
construction and maintenance will include:
(a) Construction of slope banks, both cut and fill.
(b) Construction of culverts and down drains upon, and /or
under said slope banks.
(c) Maintenance of said culverts.
(d) Removal of two buildings.
3. Owner agrees to permit City to remove two buildings, their
associated improvements, including the filling of septic tanks, and any
other improvements which may exist on Owner's property. as shown on
1
2
3
4
5
6
7
8
9
10
11
i2
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
u zw•N. v.: a zxa :3
City of Newport Beach Drawing R- 5168 -S., Sheet 10, and relieves City of
any obligation to replace same.
4. In connection with the buildings which are to be
removed, Owner agrees to have all utilities disconnected and /or
removed on or before June 1, 1970,
5, The term of this entry.permit for Items 2(a) and 2(b)
shall be until construction is complete, but in no.event later
than June 30, 1971,
6. This entry permit as applied to Item 2(c) shall
remain in force and effect until such time as said culverts are
removed or this agreement is mutually modified by the parties
hereto, and until such time City shall maintain said culverts.
7. Owner shall not be liable for any loss, damage or
injury of any kind or character to any person or property caused
by or arising from any act or omission of City or any of its agents
or employees and City, as a material part of the consideration for
this agreement, hereby agrees to indemnify and hold..Owner free and
harmless from all liability for any such loss, damage or injury.
8. 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 author-
ized by this agreement; and 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 i'ndeinnify 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 here- inabove 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
2.
I
r
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
may be rendered thereon before the enforcement thereof against Owner
or the premises,.upon the condition that,'if Owner shall require,
City shall furnish 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 hereafter 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' °l�ns'br claims.
IN WITNESS WHEREOF, the parties hereto have executed this
entry agreement as of the day and year first above written.
THE IRVINE' COMPANY
President "I
By , �: ��
s tan ecrat
ON SEAL
CITY OF NEWPORT BEACH --
SST VIR�
By_.._..
—�F av rr
APPROVED AS TO FORM: ATTEST:
(;I ty erk
TULLY H.0KYMUUR CITY
City Attorney
3.
k
N.''..n
A
0
0
BF:: ounimi No, a 18 6
A RE3OLUTION OF THE CI: ,3U&CIL OF THE CITY
OF NkWIPORT BEACH AUMORI2:IW, THE LUCUTION OF
A RIGHT -OF -ENTRY AME=NT BETWEEN THE CITY
OF NELtPcOPT BEACH AND THE IRVINE CtS+LYANY IN
CONNECTION WITH THE CONSTRUCTION OF JAMSMEE
ROAD FROM PALISADES .ROAD TO MAC ART;= BOULVAPD9
CONTRACT 1205
61ciERFAS, there has been presented to the City Council
Of the City of Newport Beach a certain agreement between the
City of Newport Beach and The Irvine Company whereby the City
is granted the right of entry to the premises adjacenL to
Jamboree Road for construction and maintenance purposes in
connection with Contract 1205; and
WHKRFAS9 the City Council has considered the terms
and conditions of said right -of -entry agreement and found them
to be fair and equitable;
NOWT THEREFORE, BE IT RESOLVED that said entry
agreement above described is approved, and the Mayor aad City
Cleric are hereby authorized and directed to execute the same
on vehalf of the City of Newport Beach.
ADOPTED this 25th day of Mary, 1970.
mayor
ATTEST:
My Clark —
THS:mh
5122%70
1 ENTRY AGREEMENT
2
a This Entry Agreement.was made as of this day of
Z. 1970, by and between THE IRVINE COi^PANY,
.5 reinafter called "Owner ", and the CITY OF NEWPORT BEACH, herein-
6 i after called "City ".
rl
RECITALS
2 Owner is the owner of certain real property in the City
9 of Newport Beach, County of Orange, State of California, located
adjacent to Jamboree Road, lying between Mac Arthur Boulevard and
11 San Diego Creek, hereinafter called the "Premises ". City desires
12 to enter upon the premises to grade slope banks, remove two
13 buildings, construct culverts and maintain said culverts upon the
iL r'ollowing terms and conditions.
15 : WITNESSETH:
16 1. Owner hereby grants the right of entry to City to
17 e;iter upon the premises adjacent to the right of way as it exists
15, at the time of award of Contract 1205 for the improvement of
�9 Jaa,bo'ree Road.
�C 2. Said entry permit is limited to entry for the purpose
21 o° construction and maintenance adjacent to Jamboree Road in accordance
22 v,ith the plans and specifications for Contract 1205, City of Newport
2" each Drawing R- 5168 -S, Sheets 1 -16, dated April , 1970. Said
24 construction and maintenance will include:
2 (a) Construction of slope banks, both cut and fill.
26 (b) Construction of culverts and down drains upon, and /or
�7 rder said slope banks.
28 (c) Maintenance of said culverts.
29
(d) Removal of two buildings.
30 3. Owner agrees to permit City to remove two buildings, their
associated improvements, including the filling of septic tanks, and any
02 ot�ar improvements which may exist on Owner's property as shown on
City of Newport Beach Drawing R- 5168 -S, Sheet 10, and relieves City of
2' a,ry obligation to replace same.
3 4. In connection with the 'buildings which are to be
4 removed, Owner agrees to have all utilities disconnected and /or
removed on or before June 1, ;970.
6
S. The term of this entry permit for items 2(a) and 2(b)
7 ` s'r.all be until construction is complete, but in no event later
8 than June 30, 1971.
9 6, This entry permit as applied to Item 2(c) shall
1U remain in force and effect until such time as said culverts are
re-;oved or this agreement is mutually modified by the parties
12 ;; reto, and until such time City shall maintain said culverts.
7. Owner shall not be liable for any loss, damage or
14, injury of any kind or character to any person or property caused
10 by or arising from any act or omission of City or any of its agents
or employees and City, as a material part of the consideration for
17 ti ^is agreerent, hereby agrees to indemnify and hold Owner free and
13 - r�less from all liability for any such loss, damage or injury.
19 8. City shall not suffer or permit to be enforced against
23 ' t. °.z premises covered by this entry agreement, or any part thereof, any
21 z -cc anics', materialmen's, contractors.' or subcontractors' liens
22 arising from or any claim for damage growing out of the work author -
20 ized by this agreement; and City shall pay or cause to be paid all
2,� o-l° said liens; claims or demands before any action is brought to
20 enforce the same against said land; and City agrees to indemnify and
26'' h3-.d Owner and said land free and harmless from all liability for
27 : any and all such liens, claims and demands, together with reasonable
28 attorneys' fees and all costs and expenses in connection therewith.
29
.3t-Withstanding anything to the contrary hzreinabove contained, if '
30. Citq shall in good faith contest the validity of any such lien, claim
31 or demand, then City shall, at its expense, defend itself and Owner
32 against the same and shall pay and satisfy any adverse judgment that
2,
l.; -.ay be rendered thereon before the enforcement thereof against Owner
2 : or the premises, upon the condition that, if Owner shall require,
3.. City shall furnish to Owner a surety bond satisfactory to Owner in
un &;count equal to such contested lien, claim or demand indemnifying
jlinar against liability for the same, and holding the premises free
5 from the effect of such lien or claim or, if Owner shall request, City
`r s &ll procure and record the bond provided for in Section 1193 -2
a
Of the California Code of Civil Procedure, or any comparable
9 statute hereafter enacted providing for a bond freeing the premises
10, from the effect of such lien or claim or action thereon. Owner
it reserves the right at any time and from time to time to post and
12 c,aintain on the premises such notices as may be necessary to
13 : protect Owner against liability for all such liens or claims.
i4 IN WITNESS WHEREOF, the parties hereto have executed this
e,.ry agreement as of the day and year first above written.
�6 THE IRVINE COMPANY
'7
la : By
President
20
21
22
23
24'
25
26
27
A ?5ROVEO AS TO FORM:
2a
9 "LLY H. �YMOUR
2 C4 y Attorney
30
31
32
By
Assistant Secretary
OWNER
CITY OF NEWPORT BEACH
By
Mayor
ATTEST:
3.
City Clerk
CITY
7
W`( 1] Y.itlG i ISO. 7 18 6
A R ,SV uM ILTl GV 7U2 CIL i CCS XIL 07 THE CITY
A P.IG•.x� v',: ::1 ..;,..,.�. JIM i;d; CIJ.i
�i�•pptER, TC�t��2c/^�yCilO:. /eO� ^�J').)''�t: } �) ^�
L�tii53� 4.•. i7i'..:' '156 0140 R1NL'l� TO c:A C A 1 44i1t { GJUV,1z0*
=`.Xi:.ACT 3205
VT1!'.' AJv there has been presented to the City Council
of the City DC iticwport raacii a cep Lain &Z;rce `nt between t.%3
City of Ne- vS?ort Beach and The Irvine Company whereby the City
Is grslted the right of entry to the premises adjacent to
`,e
,m,boree Road for construction and maintenance purposes in
connection with Contract 1205; and
MIEREAa^, the City Council has considered the terms
and conditions of said right -of -entry agreement and found theta
to be fair and equitable;
t30'va, T,"XI u ?, BL IT RSa40LVBD that said entry
agreement above described is approved, and the Mayor and City
Clerk are hereby authori.ed and directed to execute the same
on vehalf of the City of Newport Peach.
AD041TED' this 25th day of May, 1970.
e .vL
l:aycr
'In
T"ZGT:
�-.-,S j
7 :r '.i
5/4"2/70