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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