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Home My WebLink AboutC-1600(C) - Right of Way dedication and Right of Way slope constructionCITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE Nrimber 18, 1974 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. r_iann �c,-r, Description of Contract R4g t of FS,t= AgMU nt for Ford Road Widening for the Plaowwnt of Teq=wy Fill. Authorized by Resolution No. R977 adopted on November 11, 1974 Effective date of Contract XQ306wbev 11T197u Contract with M4* Ir4zia C=PgY anti Phjlry -Ford QmVc 3atim Address Nft;port Beach , -1A oIOaan Amount of Contract e„ ag a ent city clerk , i • i CITY CLERK November 19, 1974 PUBLIC WORKS TEPARTMENT Attention: Steve Bucia:am CITY CLERK t YI ' 1 • 1 1171 1 7 ti' /i�? IK : f i Attached are three executed copies of the subject agreement with The Irvine Company and Fhilco-Ford Corporation for transmittal to the proper parties. This agreement was authorized by Resolution No. P377. LL:swk enc. November 4, 1974 T0: CITY CLERK FROM: Public Works Department SUBJECT: FORD ROAD WIDENING - JAMBOREE ROAD TO MACARTHUR BOULEVARD (C -1600) ENTRY AGREEMENT Laura: Attached are four (4) copies of the subject agreement with The Irvine Company and Philco -Ford Corporation. We plan to go to Council for approval on November 11, 1974. Please have the agreements executed on behalf of the City and return.three copies to us for our files and for the parties to the aTm m' `— — If you you have any questions please give me a call on extension 274. Steve Bucknam Project Manager SB:hh Attachments 2 L/ R- S37 7 i 0 ENTRY AGREEMENT E THIS ENTRY AGREEMENT is made and entered into this i ITI'l I �,< 94r,&- day of Octchax 4- mlE- -�1eEFr , 1974, by and between THE IRVINE COMPANY, a West Virginia corporation, hereinafter referred to as "IRVINE "; PHILCO FORD CORPORATION, a Delaware corporation, hereinafter referred to as "PHILCO "; and the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY ". W I T N E S S E T H: WHEREAS, IRVINE is the owner and PHILCO is the lessee of certain real property ( "the premises ") in the City of Newport Beach, County of Orange, State of California, located adjacent to and northerly of Ford Road at its intersection with Jamboree Road as shown on Exhibit "A" which is attached hereto and by this reference made a part hereof; and WHEREAS, CITY desires to enter upon "the premises" to place a temporary fill to store excess earth from the Ford Road Widening Project (City Contract No. 1600) for future use as fill for widening of Jamboree Road from Eastbluff Drive to the San Diego Creek Bridge; NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: I. Right of Entry IRVINE and PHILCO hereby grant to CITY, its agents and employees, the right to enter upon "the premises" as delineated on Exhibit "A" and as it exists at the time of award of City Contract No. 1600 for the placement of the temporary fill. II. Construction and Maintenance Said entry permit is limited to entry for the purpose of placement of the temporary fill and the maintenance of the temporary drainage facilities and desilting basin in accordance with the plans -1- 0 0 and specifications for Contract 1600, and City of Newport Beach Drawing R- 5245 -5. Said placement of fill and maintenance will include: A. Placement of a temporary fill on the premises at the northeast corner of Ford Road and Jamboree Road. B. Construction of a temporary desilting basin and drainage facility to provide erosion control for the runoff from the temporary fill. C. Planting of temporary fill slope with native type perennial grasses. facility. D. Maintenance of the desilting basin and drainage E. Removal of temporary fill and grading of premises to its original state as it exists at the time of award of Contract C -1600. III. Term The term of this entry permit, as applied to items 2(a), 2(b) and 2(c) shall continue until construction is complete, but in no event later than July 1, 1975. This entry permit, as applied to item 2(d) shall remain in force and effect until such time as said improvements are removed or this agreement is mutually modified by the parties hereto. Until such time, CITY shall maintain said improvements. This entry permit, as applied to item 2(e) shall remain in force and effect until June 30, 1976, and CITY shall complete all work on the premises and return it to its original state prior to said date. IV. Hold Harmless IRVINE as owner and PHILCO as Lessee 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. CITY, as a material part of the consideration for this Agreement, hereby agrees to indemnify and hold IRVINE as owner and PHILCO as lessee free and harmless from all liability for any such loss, damage or injury. -2- V. Liens 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 sub- contractors' liens or any claim for damages arising out of the work authorized 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. CITY agrees to indemnify and hold IRVINE as owner, and PHILCO as lessee of said land free and harmless from all liability for any and all such liens, claims, or demands before any action is brought to enforce the same against said land. CITY agrees to indemnify and hold IRVINE as owner, and PHILCO as lessee of said land free and harmless from all liability for any and all such liens, claims and demands, together with reasonable attorney's fees and all costs and expenses in con- nection therewith. IRVINE and PHILCO reserve 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 IRVINE and PHILCO against liability for any and 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. ATTEST: Assistant City Attorney Attested -3- CITY OF NEWPORT BEACH THE IRVI COMP �.i By : Y. PHILCO -FORD CORPORATION I By: 7-4, -L 6a::�a_ Vice President By: AssistantSecretary -.- I i. H it i J5—x I 1 0 VVO�]<"S DEPAFITME-NT T OF ENTRY A RE.". Sc WOmRIX.3 i�;PEC70,2? EXCESS EART, H STOOAC` :-GFID POAD W I D) E.,; 1 G- - C -1500 ID CA, V; N 3 R/Yi- 5305 -L • RESOLUTION NO. 8 37 7 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE IRVINE COMPANY AND PHILCO FORD CORPORATION COVERING RIGHT OF ENTRY FOR EXCESS MATERIALS STORAGE ON PHILCO LEASE PROPERTY WHEREAS, 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 and.Philco Ford Corporation covering right of entry for excess materials storage on Philco lease property; and WHEREAS, the City Council has considered the terms and conditions of said agreement and found them to be fair and equitable, and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 11th day of November , 1974 Mayor ATTEST: City Clerk DDO /bc 11/6/74 Crnr Crux August 15, 1974 PUBLIC WOW DEPAR'TME'NT Attention: Steve Bucknam Attached am twee copies of the executed agrvement with Philco Ford and The Irvine Company. Please transmit copies to the parties involved. Laura Lagios City Clerk swk am. AGREEMENT (WIDENING OF FORD ROAD BETWEEN JAMBOREE ROAD AND A POINT 1015 FEET EASTERLY OF JAMBOREE RCAD) THIS AGREEMENT is made and entered into this /N Z7, day of u G U S 7" , 1974, by and between PHILCO FORD CORPORATION, a Delaware corporation, hereinafter referred to as "PHILCO "; THE IRVINE COMPANY, a West Virginia corporation, hereinafter referred to as "IRVINE "; and the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY ". W I T N E S S E T H: WHEREAS, CITY, PHILCO and IRVINE desire to widen that portion of the northerly side of Ford Road between Jamboree Road and a point 1015 feet more or less, easterly of Jamboree Road as delineated on a map attached hereto marked Exhibit "A" and by this reference made a part hereof; and WHEREAS, it is the mutual desire of the parties hereto to provide for dedication of the right -of -way necessary for the widening of the northerly side of Ford Road from Jamboree Road to a point 1015 feet, more or less, easterly of Jamboree Road as delineated on a map attached hereto marked Exhibit "B" and by this reference made a part hereof; WHEREAS, for the purposes of this agreement the northerly one -half or side of Ford Road shall be defined as that portion of the roadway lying northerly of the centerline as shown on the aforementioned Exhibit "A "; NOW, THEREFORE, in consideration of the foregoing, it is agreed as follows: 1. PHILCO and IRVINE hereby agree: A. To grant to CITY an easement for s`reet and highway purposes over a strip of land varying from -1- • 0 8 feet to 16 feet in width on the northerly side of Ford Road from Jamboree Road to a point 1015 feet, more or less, easterly of Jamboree Road, and one corner radius parcel at the northeast corner of Ford Road and Jamboree Road, all as delineated on Exhibit "B ". B. To grant a right -of -entry to CITY to enter upon the premises as delineated in red on Exhibit "B" for the purpose of constructing slope banks and modifying drainage facilities. The term of said entry shall terminate not later than 60 days after filing the Notice of Completion of work by CITY for the construction of Ford Road between Jamboree Road and a point 570 feet, more or less, westerly of MacArthur Boulevard (SH 73). 2. PHILCO further agrees that upon expiration of CITY's right -of -entry to reconstruct it shall to the extent that it property and for so long as it responsibility for maintenance facilities and slope plantings entry area. slopes and improve drainage facilities is in possession of the adjacent is in such possession assume full and repair of slopes, drainage within the above -noted right -of- 3. CITY hereby agrees: A. To widen Ford Road from Jamboree Road to a point 1015 feet, more or less, easterly of Jamboree Road as shown on Exhibit "A ". CITY shall grade the entire width of right -of -way adjacent to PHILCO property; reconstruct slope banks as necessary to grade the right -of -way; and improve drainage facilities, except as otherwise provided herein, within the right -of -entry area delineated on Exhibit "B ". B. To administer the preparation of plans and specifi- cations for the improvement of Ford Road and the construction contract for the improvements as shown on Exhibit "A ". C. That PHILCO shall not be held responsible for the cost of any improvements included in said construction contract, northerly of the existing centerline of Ford Road, within the -2- 0 • public right -of -way adjacent to PHILCO property, from Jamboree Road to a point 1015 feet, more or less, easterly of Jamboree Road. D. That IRVINE shall not be held responsible for the cost of improvements, northerly of the existing centerline of Ford Road, except as specifically set forth in an agreement between CITY and IRVINE for the "Improvement of Ford Road between Jamboree Road and a point 570 feet, more or less, westerly of MacArthur Boulevard" dated March 25, 1974. E. That CITY shall indemnify and hold PHILCO and IRVINE harmless from any liability imposed as a result of any alleged negligence by CITY or its employees or agents arising out of CITY's performance of this agreement. 4. It is further agreed by and between the parties hereto that IRVINE and PHILCO shall each be separately responsible for its own negligence arising out of its performance of this agreement and the negligence of its agents acting within the scope of their authority, and each shall indemnify and hold CITY harmless for any liability imposed as a result of its said separate negligence. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective officers, duly authorized, the provisions of which $V."nt':,are effective as of the date first above written. iM. r ATTEST; � ', ��w OF NEWPORT BEACH l lQL0.�d'!I y�iE�f! ` By: � y: City Clerk Mayor A�PRi?�ED F-,M �1 rr Assistant City Attorney TTEST PHILCO -FOR CORPORATI N By: is Pre Z:::- 44d t By: ssist a etary -3- C -1600 (C) See Contract File for Exhibit A Ford Road Improvements Jamboree Road to MacArthur Blvd. Proposed AHFP Project 1974 -75 5o NEA 'TeRLV{ LIME of JA 012EE 'ROAD PEtZ DE Mss O.R. 28492 'U ti (a = 88.52' 51.. L= 38.82' Q� T N.ad"22'4G'W. �j \00 a, T Wvc Llug PeR oa , i " -, t')EgTlCA►L potNT5 .4v �Ov �O S N c4- 'TS'QO1. - 2�GFlI AREA FORS,_ 5LOPS R7- C0957RUCTIoN k - a 84, a PmT Of t"mmince .Sf'38 d. R. 4i�p /a� U? C CITY OF NEWPORT BEACH DRAWN = �� - DAB PMLIC WORKS DEPARTMENT APPROVED ORD -RQA� FASEMEUCCF04�:STREET DRAWING PUBLIC WORKS DIRECTOR -- R.E. NO. - Ali la- �XlCi- H1t�lA`C=- �t3RPOSES- -:. .- - A ll- RCGHrDE=Et1TyC2Y- RARE;A- - - NO. -- S) 91151T =$-_ . •RESOLUTION NO. 8 3 2 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AUGia #v/ AND THE IRVINE COMPANY AND PHILCO FORD CORPORATION FOR RIGHT -OF -WAY DEDICATION AND RIGHT OF ENTRY FOR By Me CITY COUNCIL SLOPE CONSTRUCTION ON FORD ROAD CITY Of 0gW+_441464CH WHEREAS, 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 and Philco Ford Corporation for right -of -way dedication and right of entry for slope construction on Ford Road; and WHEREAS, the City Council has considered the terms and conditions of said agreement and found them to be fair and equitable, and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 12th day of August , 1974. Mayor ATTEST: City Clerk DDO/bc 8/7/74