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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) .t 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 _2_ I t 66 1 66' wry ORIVE4 TN rFUTUQE� ZX"IB /T A " CITY OF A/E'6 PORT �CW ` "`°" "• "' PUMIC wry D6OAe7M4rnrr r vEo SLGPE CG�+1f�' 'T.�UCT /ON =A?O" e.4STBL41FF 4CAel A- 7V a�w/MS AGG_R W- ,:�: f I INV 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