HomeMy WebLinkAboutC-1620 - Jamboree Road slope construction, Right of Entry agreementclot
May 15, 1974
Attention: Lon Webb
IEFUTY CITY CLEW
RIGM OF ENTRY AC TT WITH 21E IRVINE CWANY
POR JAMBOREE ROAD SLOPE OM&?f X=C N q C -1620
Attached are two copies of the above agreement which
have bean executed by the Mayor and the Deputy City Cleric.
We agre mt was authorised Match 25, 1974 by the adoption
of Resolution No. 5223.
forward The Irvine Compmy's copy to them.
Bwk
(handed to Bill Dye earlier today)
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AGREEMENT
(Right of Entry)
THIS AGREEMENT, made and entered into this IOth day of
May , 1974, by and between the CITY OF NEWPORT BEACH, a municipal
corporation, hereinafter designated as "CITY," and THE IRVINE COMPANY, a West
Virginia corporation, hereinafter designated as "COMPANY."
WITNES5ETH:
WHEREAS, the existing roadway section for the westerly side of
Jamboree Road between Eastbluff Drive North and University Drive North has
not been constructed to the ultimate master planned width; and
WHEREAS, CITY proposes to construct the ultimate roadway fill and
include a bicycle trail on the westerly side of Jamboree Road between the
aforementioned limits; and
WHEREAS, since the property over which the fill slope is to be con-
structed is owned by COMPANY, CITY requires a right of entry to construct fill
slopes; and
WHEREAS, CITY and COMPANY wish to more specifically define the condi-
tions under which the right of entry is granted to the CITY.
NOW, THEREFORE, IN CONSIDERATION of the foregoing, it is hereby agreed
by and between the parties hereto as follows:
1. COMPANY hereby grants to CITY, its agents and employees, the right
to enter upon that portion of COMPANY's property adjacent to the westerly side of
Jamboree Road between Eastbluff Drive (North)and University Drive North as shown
on Exhibit "A" which is attached hereto and by this reference made a part hereof.
The purpose of the right of entry is to construct and maintain the ultimate fill
slopes for Jamboree Road including a bicycle trail on the westerly side. The
CITY shall provide initial erosion control planting on slope. This right of entry
shall not be exercised unless the slope grading is done and a bicycle trail is
constructed in general conformance with the cross sections shown on Exhibit "B"
which is attached hereto and by this reference made a part hereof. Said right
of entry for slope construction shall terminate either upon acceptance of the
work by the City Council or on January 1, 1976, whichever occurs first. The
entry permit for slope maintenance shall remain in force and effect until such
time as this agreement is mutually modified by the parties hereto, and until such
-1-
time City shall maintain slopes.
2. COMPANY 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 COMPANY free and harmless from all liability for any such
loss, damage or injury.
3. 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 arising from or any
claim for damage growing 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 lien, and CITY agrees to
indemnify and hold COMPANY 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. COMPANY
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 COMPANY against
liability for any and all such liens or claims.
IN WITNESS WHEREOF, the parties hereto have executed this Right of
Entry Agreement as of the day and year first above written.
ATTEST:
THE IRVINE COMPANY
By:
% 1AVI e President
By
Assistant Secretary
COMPANY
CITY OF NEWPORT BEACH
ByN�ir
City Clerk Mayor
CITY
APPROVED AS TO FORM:
hs t City Attorney
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See Contract File for
Jamboree Road
Alternative Trail Location
(Exhibit "B ")
q�AR 2 5 1974 RESOLUTION NO. 2
By the CITY COUNCIL
(-;;TK. Rr �'cueawPi gFl�.CI RESOLUTION OF THE CITY CO IL OF THE CITY
OF NEWPORT BEACH AUTHORIZI THE EXECUTION
OF A RIGHT -OF -ENTRY AGREEMENT BETWEEN THE CITY
OF NEWPORT BEACH AND THE IRVINE COMPANY FOR
SLOPE CONSTRUCTION -- JAMBOREE ROAD BETWEEN
EASTBLUFF DRIVE NORTH AND UNIVERSITY DRIVE
NORTH
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain right -of -entry agreement
between the City of Newport Beach and The Irvine Company for
slope construction -- Jamboree Road between Eastbluff Drive
North and University Drive North; and
WHEREAS, the City Council has considered the terms
and conditions of said right -of -entry agreement and found them
to be fair and equitable, and in the best interests of the
City;
i'fa
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that said right -of -entry 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 25th day of March, 1974.
ATTEST:
City Clerk
Mayor
DON:mh
3/19/74