HomeMy WebLinkAboutC-2242 - Site Plan Review 25WHEN RECORDED RETURN T0:
.t y Clerk
di"y of Newport Beach
Hwy 3,300 Newport Boulevard
,Q Newport Beach, CA 92663
27752
.,
a
EXEMPT
C 7,
BK 13939P 698
F p:AM
III
TY C RE
FO ylA
-g�MQRaoLEE COunty ,81
Recorder
SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY
LICENSE AGREEMENT
THIS AGREEMENT is made and entered into this .ylAre;w
day of
J'Yb►�Vpy / 1981, by and between the CITY OF NEWPORT BEACH, hereinafter
referred to as "CITY" and /-/X&jArtl', Axg soa,•4 r.aS
hereinafter referred to as "OWNER"
W I T N E S S E T H
WHEREAS, the OWNER desires to construct permanent improvements over
City Easements for drainage and utility purposes (hereinafter "easement") along
the northerly and easterly property lines on the attached Exhibit "A", located
in Lot A of Tract 919 as shown on a map filed in Book 29, Pages 31 through 34, of
Miscellaneous Maps, Records of Orange County, California; also known as 2244 West
Coast Highway, Newport Beach, and hereinafter referred to as BUSINESS: and
WHEREAS, the parties hereto desire to execute agreement providing for
the construction of permanent improvements within the Easement;
NOW, THEREFORE, in consideration of their mutual promises, the parties
hereto agree to the following:
1. DEFINITIONS
"Permanent improvements" shall be defined to include paving, curbs,
walkways, masonary and non-masonary walls, ground cover and low shrubs.
2. RIGHTS OF OWNER
Owner may construct, reconstruct, install, maintain, use, operate,
repair and replace said improvements, all in substantial conformance with plans
and specifications therefore on file in the City's Public Works Department, in,
on and across those certain easements described in Exhibit "A" hereto. Trees
shall not be planted within the easement.
3. RESTORATION
Should City be required to enter onto the easement to construct,
maintain, remove, repair, renew, replace or enlarge public facilities, the City
may remove all or part of the permanent improvements and in such event:
BSC 1 3989Po 699
(a) City agrees to bear the portion of the costs of the restoration
of the permanent improvements (except for walls and landscaping)
to the extent such costs would have been incurred had standard
asphalt paving improvements been installed by Owner;
(b) Owner agrees to pay any costs of restoration of walls and land-
scaping and the cost of restoration of the permanent improvements
in excess of the costs to be paid by City.
4. OWNER agrees to indemnify and hold harmless CITY, its officers, agents
and employees from all demands, claims, losses or liability on account of injury or
damage to persons or property on account of injury or damage suffered as a result of
the existence and use of the aforementioned "permanent improvements".
5. It is mutually agreed that this Agreement shall remain in full force
and effect from execution thereof; shall run with the land; shall be binding upon
the heirs, successors, and assigns of OWNER's interest in the Business, and shall be
recorded in the Office of the County Recorder of Orange County, California.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
made and entered into the day and year first above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
� 4v�,t�,
City Attorney
CITY OF NEWPORT BEACH
a Municipal Corporation
i
0,r�
i
�4�By
��
f
y
(Partnership)
STATE OF CALIFORNIA
COUNTY OF Orange
BK 1 3989p 709 �A�TRUST INSURANCE
SS. Ancon COMPANY
On January 9, 1981
before me, the undersigned, a Notary Public in and for said State,rsonally appeared int
Rudolph F Baron, Jr known ro me to be Managg ar ner
of Newport Mariners Plaza Associates
to be one of the partners of the partnership
that executed the within instrument, and acknowledged to me
that such partnership executed the same. +e••+•+++++++++®++�� +®+Does*
WITNESS my hand and official seal.
;r r
Signature
OFFICIAL SEAL
+ DOROTHY L. PALEN
`e
• NOTARY PUBLIC CALIFORNIP
e
♦ „„ PRINCIPAL OFFICE IN
•
• ORANGE COUNTY
•
My Commission Expires Feb. 9, 1981
•
♦••ee•��•S��•♦•e♦♦+�+�♦tee♦+•di
(This area for official notarial seal)
In,
1111 P
qFi Ar E=
�I 1
1
$`�W _is
-
�'
i; ''13 n Sit
A44 �'h .3 � k' l� g( kse 4a :q ye7
9 ! G` S 993
_
1
L qy' 1
_ ps g F
}} g 1. G��� � '� g�G
_ -
_
_ �S=W$ w =- <
_ - .s -- '-
a'l-
3�'s � SfS�3I#B �A to 1 pig
3 ji a d^ Ya Esq 5 3§ £_i4a
mqu
lm
g
s f=
1 HUM
RN
3a
P
pG2
m 5 i 5
4fc
�a
F
yyj
ut
i
a
H
14•.
La 3i.1::T
C7
� ��i
o sz9 i
0
tt
i �yy
Z
li5�
p4
4�n2
I ��!
2V,
-
444111 I
L,
i
_
K
L 5
•V,
YaS gs p # S
Nilmm
-vat
c1
J1_
4t i� i
poll - S d.: - - PH! ill °; 11 11 _ [in!
'g neo ;
W1a 1� 3a -- - ion -
fir SO - 7a - - _ _ 4o i O< cW _ q -
a Spa
w - i
W W - -_ R SON
Egli
_
- yLg
ng
aa��a .. a.. w�Mrs
E. i
<N .<e r... c°.c
1111 P
qFi Ar E=
Rio<Z
$`�W _is
-
�'
i; ''13 n Sit
A44 �'h .3 � k' l� g( kse 4a :q ye7
9 ! G` S 993
_
_ _
-
_ ps g F
}} g 1. G��� � '� g�G
_ -
_
_ �S=W$ w =- <
_ - .s -- '-
a'l-
3�'s � SfS�3I#B �A to 1 pig
3 ji a d^ Ya Esq 5 3§ £_i4a
mqu
lm
g
s f=
1 HUM
RN
3a
P
pG2
m 5 i 5
4fc
�a
p33c,�i s 1
yyj
i
a
H
\!
poll - S d.: - - PH! ill °; 11 11 _ [in!
'g neo ;
W1a 1� 3a -- - ion -
fir SO - 7a - - _ _ 4o i O< cW _ q -
a Spa
w - i
W W - -_ R SON
Egli
_
- yLg
ng
aa��a .. a.. w�Mrs
E. i
<N .<e r... c°.c
1.
�Z - �
iy
a
< �
€i
Si
-1
ME
tic s -
in
Yaw
Rn
mqu
lm
1.
�Z - �
iy
a
< �
€i
Si
NSA
mqu
lm
oil �qY"
1 HUM
RN
yy
P
�a
yyj
i
a
H
\!
La 3i.1::T
yl 5j}Yz-j,y3e
� ��i
)+
" t'
i
�yyy
oil �qY"
4 }In
9
Oro p .
yy
hi c
�a
yyj
i
a
H
\!
y
o sz9 i
tt
i �yy
Z
li5�
p4
4�n2
I ��!
2V,
-
444111 I
L,
i
_
K
L 5
•V,
-vat
c1
I Ii
4t i� i
" t'
t�'IIEIv RECORDED REI —A TO*
BK 3 9 8 Q P O
CITY OF NEI%TORT BEACH
3300 Newport Blvd.
9X660
Ne1N Elort BeH Cit, �, c� �� v ,
Attn: CjTy CLERK
j city Clerk
cb
, ice =N4 $ RECEIVED
CITY CLERK
MAR 3 01981 d `
CITY OF
nEWPORT BEACH,
GRANT OF EASEMENT CALIF.
NEWPORT 1I;IARiNERS PLAZA ASSOCIATES, a general partnership, as owners of
certain herein -after described real property, hereby grants to the CITY OF NEWPORT
BEACH, a municipal corporation, the following easement for public utility purposes
j- over real property situated in the City of Newport Beach, County of Orange, State of
California, described as follows:
That portion of the northwesterly 100.78 feet of the southeasterly 600.78 fee` of
Lot A of Tract No. 919, as shown on a map recorded in Book 29, Pages 31, 32, 33
and 34 of Miscellaneous Maps, records of Orange County, California, said 600.78
feet and said -1 100.78 feat tieing measur<d along the northeasterly line of the
California State Highway as shown on said map, and the northwesterly line and
the southeasterly line of said northwesterly 100.78 feet being parallel with the
southeasterly line of said Lot A.
Being described as follows:
Beginning at the southernmost corner of said parcel;
thence N. 39° 43' 30" E. 27.18 feet along the southeasterly line thereof to the
beginning of curve concave southwesterly having a radius of 2062.00 feet, a
radial a said point bears N. 32° 56' 51" E.,
thence :;Crthwesterly along said curve through a central angle of 20 46' 47" a
dista-_e
:--,41 100.04 fee,_ to a point on the northwesterly line thereof, a radial at
said pol-:t ':•ears N. 3V 1 �' 04" E.,
thence— 390 43' 30" V1. 31.74 feet along o said northwesterly line to the
sou th c� e `ernmost corner thereof, thence S. 61 00' 30" E. 100.78 feet along the
soutl-jwelSzerly line thereof to the point of beginning.
ExccDti7i� therefrom that portion lying within West Coast Highway right-of-way,
100.00 feet wide, as described in deed to the State of California recorded in
Book -,"JI, =age 219, of Official Records of said County.
Said is shoa:n on a drawing which is for the salve of convenient
identificatic; r:.;arked Exhibit "A" and attached hereto and made a part hereof by this
reference.
Date: Y
' GENE��1L 11-IAIV46VA/G f i C'Ti1
4 VV
BK It 389po
This is to certify that the interest in real.property conveyed by the
deed or grant dated February 6, 1981 from NEWPORT MARINERS
PLAZA ASSOCIATES
to the City of Newport Beach, a municipal corporation, is hereby accepted by
the City Manager on. the 12th day of February 19. 81
and the grantee consents to recordation thereof by its duly authorized
officer.
7.0J
ROBERT L. WYNN, CITY MANAGER
Dated February 12, 1981
Authorized by City Council Resolution No. 6773
— J-0'. to-7at -
(Partnership)
t_
TMLE INSURANCE
STATE OF CALIFORNIA
AND TRUST
,COUNTY OF Oran�e � SS.
Ancon coy PAW,
On February 69 1981
r
before me, the undersigned, a Notary Public in and for said State,rsonall
Rudolph F. Baron, Jr
1� y appeared_
W
known to me to
be Managing Partner
w
y
_ n,_,f Rlpwnrt Nar4nprs Plaza.. AcSnriates
wknown
to me
One
ato
be of the partners of the partnership
N
that executed the within instr- rnent, and acknowledged to me
that such partnership execute;; ahe same.
`'A Q�'� "� �� 4Q`�'� ° Pa
WITNESS my hand and official seal.
OFFICIAL SEAL
��°i-�
> �; DOROTHY L. PALEN
N0TAk:Y ?LiJi.1C CALlF'0P Jft
OF FfCE ItJ
d� '
7
F'Fi idGF' L
g OkAPlGE COUNTY
�.
(Signature�..L'2 ���`%ice
a My Comr fission Expires Feb. 9, 181
1
t
/'`�
$4'",¢.Z`p�'vrd.'rY8'"o"'J"�'SsJi�'y��'��'V+J `°✓v, 6ti �i'�k�'J 1'
(This area for official notarial seal)
13989pG 704
WHEN RECORDED RETURN TO:
CITY OF NEI PORT .._AC11
3300 Newport Blvd.
Neuport Beach, CA 92660
Attn: +GtTy GL_F_RS.
% �t ie T
13 Deed•
t
o.
rn
VIM rz�
EXEMPT
c�
GRANT OF EASEMENT
BK 13989PG 701
NEWPORT MARINERS PLAZA ASSOCIATES, a general partnership, as owners of
certain hereinafter described real property, hereby grants to the CITY OF NEWPORT
BEACH, a municipal corporation, the following easement for public utility purposes
over real property situated in the City of Newport Beach, County of Orange, State of
California, described as follows:
The northwesterly five feet of the southeasterly ten feet of the following
described parcel of real property:
The northwesterly 100.78 feet of the southeasterly 600.78 feet of Lot A of Tract
No. 919, 'as shown on a map recorded in Book 29, Pages 31, 32, 33 and 34 of
Miscellaneous Maps, records of Orange County, California, said 600.78 feet and
said 100.78 feet being measured along the northeasterly line of the California
State Highway as shown on said map, and the northwesterly line and the
southeasterly line of said northwesterly 100.78 feet being parallel with the
southeasterly line of said Lot A.
Excepting therefrom the northeasterly rectangular 150.00 feet.
Also excepting therefrom that portion lying within West Coast Highway right-of-
way, J.10 feet wide, as described in deed to the State of California recorded in
Booms: z-1.Page 219, of Official Records, of said County.
Said easement is shown on a drawing which is for the salve of convenient
identification, miarked Exhibit "A" attached hereto and made a part hereof by this
reference.
Date:,''
t
/1.14.elmfws /L.9ZA �45,5ocl gTES
/LI"4 Z"'��ezrz�,
GElV? p_4L MAA1,46/A/G Pq �T/UE�2
200
GK I3989PG 705
This is to certify that the interest in real property conveyed by the
deed or grant dated February 6, 1981, from , NEWPORT MARINERS
PLAZA ASSOCIATES, a general partnership
to the City of Newport Beach, a municipal corporation, is hereby accepted by
the City Manager on the 12th day of February 1981
and the grantee consents to recordation thereof by its duly authorized
officer.
Dated February 12, 1981
Authorized by City Council Resolution No. 6773
ROBERT L. WYNN, CITY MANAGER
o
TO 1946 CA (B-74)
`(Partnership)
ME AIdGc
AND TRUST
• (S
STATE OF CALIFORNIA
ATICOR COMPAW
.{
Orange ss.
COUNTY OF
On February 6, 1981
,
before me the undersigned, a Notary Public in and for said State, personally appeared
II
Rudolph F. Baron, Jr. known to me to
be Managing Partner
W
a
—
of NPUlpnrt Harinpr; Plaza Aesoriatps
w
M
known to me
W
D-
to be -0.11-e . --of the partners of the partnership
F
that executed the within instrument, and acknowledged to me
N
that such partnership executed the same.
�r Ori iCif.L SEAL
.i'
fi
WITNESS my hand and ocial seal.
is CO O i HY :"�_ _N
L
�.
nora4; r r.i 1. C
�
My Commission Expires Feb. 9, 11,181Signature
s
t / I p
�1
o 4.404�1-,#�3&•0�13�4144,44 44000,4#
r
(This area for official notarial seal)
•
11
p �b V -
WHEN RECORDED RETFI�N TO:
CITY �OF NEWPORT BEACH .t 78
3300 Newport Blvd,.
Newport Beach, CA 92660
Attn: CITY CLERK
f 1Jrl
1 Deed
No./
EXEMPT
GRANT OF EASEMENT
BK 1 3989P 708
• y�- A
FOR A VALUABLE CONSIDERATION, receiptof which.is hereby
acknowledged, NEWPORT MARINERS PLAZA ASSOCIATES, a general partner-
ship, DO HEREBY GRANT to the CITY 01' NEWPORT BEACH, a municipal
corporation, the following easement for storm drain purposes in
the City of Newport Beach, County of Orange, State of California,
described as follows:
That portion of Lot A, Tract No. 919 as per map recorded
in Book 29, Pages 31 thru 34 of Miscellaneous Maps in the
office of the County Recorder of Orange County, California,
described as follows:
Beginning at the most southerly corner of Parcel 6 as shown on the
Parcel Map recorded in Book 56, Page 49 of Parcel Maps in the office
of the County Recorder of said county; thence N 50° 15' 10" E 20.31
feet to the most easterly corner of that certain parcel of land as
described in Parcel 1 in the deed to W. J. Richardson and Ivo Ruth
Richardson recorded in Book 7046, Page 439 of official records of
Orange County, said easterly corner being the True Point of
Beginning; thence S 39° 43' 30" W 25.00 feet along the southeasterly
line of said parcel of land as described in the deed to Richardson;
thence N 5° 16' 30" W 14.14 feet to a line parallel with and 15.00
feet southwesterly measured at right angles from the southwesterly
line of said parcel map; thence 50° 15' 10" W 89.03 feet along said
parallel line to the northwesterly line of said parcel of land as
described in the deed to Richardson; thence N 39° 43' 30" E 15.00
feet to the most northerly corner of said parcel of land as
described in the deed to Richardson being on the southwesterly line
of said Parcel Map; thence S 500 15' 10" E 99.03 feet along said
southwesterly Line to the True Point of Beginning.
Said easement is shown on the attached drawing marked Exhibit "A"
for illustrative purposes only.
� -- ___)_ - 8_/
Date NEWPORT MARINERS PLAZA
ASSOCIATION
General Managing Pa- ner
BK 13989, P6 709
This is to certify that the interest in real property conveyed by the
deed or grant dated January 21, 1981_, from NEWPORT MARINERS
PLAZA ASSOCIATES, a general partnership
to the City of Newport Beach, a municipal corporation, is hereby accepted by
the City Manager on the 12th day of February 19 81 ,
and the grantee consents to recordation thereof by its duly authorized
officer.
ROBERT L. WYNN, CITY MANAGER
Dated February 12, 1981
Authorized by City Council Resolution No. 6773
TO 1946 CA (8.74)
•Tn-t:.- iNSURAWA
(Partnership)
:;_ AND TRUST
STATE OF CALIFORNIA
ATTR COMP''
SS
COUNTY OF Orange
29,
On .January .1981
the undersigned, a Notary Public in and for said State,
personally appeared
before me,
Vii 1l iam F. Schwarz
W
W
W
X
known to me
t e genera maof el aartne�s otje rartnership
a
to be.9
Nthat
executed the within instrument, and acknowledged to mer�r.�
OFFICIAL ;EAL y
that such partnership executed the same.`
-0
^. t w `� i �j! '
WITNESS my hand and o1;,ciai seal.PAL
r�
'
IN
�•�
�R ,yfr'
t IANC& COTNry t.1
tiY �{,,"ifl!SM')3 �.
T �:
awl 9 Gs U^tl #d �'a.Ai %•k
£m aF.x G9 29 '�+ aM "'.°'i +'Yrr..u^a rv.'G4 +st as'a s ^+.`
/
i
� .—l. ..-G.--`.
Signature
*
(ihi3 area for official notarlal xai)
e
�y.
BK i 3989PO 7 1 9
0
• BK 13939PG 709
This is to certify that the interest in real property conveyed by the
deed or grant dated January 21 1981 , from NEWPORT MARINERS
PLAZA ASSOCIATES, a general partnership
to the City of Newport Beach, a municipal corporation, is hereby accepted by
the City Manager on the 12th day of February 19 81 ,
and the grantee consents to recordation thereof by its duly authorized
officer.
ROBERT L. WYNN, CITY MANAGER
Dated February 12, 1981
r
Authorized by City Council Resolution No. 6773
ro „ne ce 4.`.'
( Partnership)
sy TRI.E INSURANCE
w-: ANDTRUW
STATE OF CALIFORNIA
AMOK CO4MNr
COUNTY OF Orange
On January 29 1981
before me, the undersigned, a Notary Public in and for said State, personally appeared
William F. Schwarz
W
C
W
S
known to me
n
t e genera ma 19,1Pn ar %e r
to be o� atn�rs oe
t
partnership
that executed the within instrument, and acknowledged to me
M o-b>
m.�ma„n ay ma n.ma..0
m
that such partnership executed the same.
`J
7 1
C "R Lt, N GI IDI: g
WITNESS my hand and onciai seal.
r 'v ..
fl
r __ !ti 8
I
c.
Signature �r' .��—�
k,= .,.,.,,:,•:�.,..... s„�y,..�.:.,.m1�-
..,..,e..,o..
�
(Thi, arcs for of ial
e
noudil &eat)
February 2, 1981
CITY 0I4 NEI /` *ORT BEACH
Lee A. Branch
County Recorder
P.O. Box 238
Santa Ana, California 92702
OFFICE OF THE CITY CLERK
(714) 640 -2251
Attached for recordation is License Agreement (C -2242)
between the City of Newport Beach and Newport Mariners Plaza Associates
Authorized by Resolution No. 9972 adopted by the Council of the
City of Newport Beach on' January 26 , 1981.
WANDA E. ANDERSEN
City Clerk
WA:da
encl.
('in I hall • 3:M() \cwpmi Bcwlc\arcl. Ncc�(wn Bc;wh. ( ;ililurni;i 926(.;;i
e -aay�
TO: CITY COUNCIL
hk "'Public Works Department
By tna�}j�Y +ICU PLAN REVIEW NO. 25
CITY Or RT 1S1FA�`H
LOCATION: A portion of Lot A, Tract
Highway, on the northerly
Tustin Avenue on Mariners
SUBDIVIDER: Rudy Baron
RECOMMENDATIONS:
DISCUSSION:
January 26, 1981
CITY COUN L AGEND
ITEM N0. a
No. 919, located at 2244 West Coast
side of the street, easterly of
Mile
Adopt a resolution (a) approving a subdivision agreement
guaranteeing completion of the public improvements required
with Site Plan Review No. 25; and (b) authorizing the Mayor
and the City Clerk to execute the agreement.
2. Adopt a resolution (a) approving a license agreement with
Newport Mariners Plaza Associates; authorizing the Mayor and
the City Clerk to execute the agreement; and authorizing and
directing the City Clerk to have the agreement recorded with
the Orange County Recorder.
On July 10, 1980, the Planning Commission conditionally approved
Site Plan Review No. 25. The conditions of approval included:
Construction of 10- foot -wide concrete sidewalk and re-
placement of an unused drive approach with curb, gutter
and sidewalk.
Execution of a license agreement by the property owner and
City covering the improvements in the easements.
The subdivider desired to obtain a building permit prior to com-
pletion of the public improvements and has deposited a certificate of deposit
(Certificate No. 11015 - 00296) in the amount of $6,100 with the City Clerk to
guarantee the completion of the public improvements so that a building permit
could be issued prior to the execution of an appropriate subdivision agreement
and accompanying bonds. Upon approval of the subdivision agreement, the City
Clerk will release the certificate of deposit. The subdivider has executed an
appropriate agreement and provided the accompanying security in the form of
bonds (Bond No. 1000955).
0 0
January 26, 1981
Subject: Site Plan Review No. 25
Page 2
The subdivision agreement establishes the subdivider's obligation
to complete the public improvement construction. The faithful performance bond
and the labor and materials bond are in the amount of $3,050 each, which is 50%
of the estimated cost of the improvements.
The license agreement will allow the owner to construct improvements
over the existing utility easements as approved by the Public Works Department,
and protect the City from liability.
An exhibit is attached for reference.
J, )�4
Benjamin B. Nolan
Public Works Director
RLH:jd
Att.
6�g� � t�
r I ; p, !�
II .III
Ypi I I
111 a
�I����
✓ sl ! se
1t13i�iJ��3
� '
ION ie ' a J
Ogg
t, !
�1 ll
Ali I yy 8
S � I � � q �' ✓ql G'�.p _ ., ��e a v R�
it I OR
Q
Y t
' 99
is t %!. 3 �e9 ii iCE
!! � iAl it i' A s1 � � ✓ � � ���3� I
!81 €- M. 1 a e
;�
4it x`- age € R 11 .6 EJiJl2 E Es l; sr E ; -i• a
�b;x jar x t s.l 0
Ea 3 p i r €l�s hiss€ Ij �E e: 3J1 I� i /• 2 i
, A I €I [ s a 1 3� ��
pa
A,`eo 9Z3 g'�3tl 8a zF$ s sj Eb1 ys [I31e !`7!`1 p1p �A �' -2i li E id �G `5 / l €� t i
e AS ll5 iE�l�l�6i r d
a£:6 Y< £'��a� p. Q li5 g3 Fyt 2 1 ` _. A y
211 B a Fe
008kC48 M 11
H � X21 - „i �J -” ` elis oe� 4s4 {gr A yP 3 a
a;b :i Y d 1S a 11 4 H a11 kk `s ?aif a
3
yP a 4xE'3 g • xpe i a € �u c e 2 :cs € S p :�:F8y e ? ia asc r € �°� a , gSx$ax e ss:n,e � e 1gFg e eq €g € Ey § �px € e� ys C 4 $ € € as g1 1 k N A [ a
@ x ; a § ?2a ° € :N:Noc'@ °Q.a � I
. a vigil 111 .e n € x aY 9 d t€ e
a ig Y R e °
U ! 5
l� �l
_
aea xe x€
` as N 3R � $sS�s�Y 3a€�a ?; f i n?, k € . I ap�€ s .a ; a
? W a €g ¢ :y 1 € x ; ee s € s. . Fa�p� Y ? � a� &a s , 25 y s0 C 3� sg
1,
0
CITY OF NEWPORT BEACH
TO: Public Works Department
FROM: City Clerk
SUBJECT: Contract No. C -2242
OFFICE OF THE CITY CLERK
(714) 640 -2251
Date February 2i 1A81
W13 �*10 q i?CaAW5
Project A license agreement between the City of Newport Beach
and Newport Mariners Plaza Associates in connection
with the public improvements required with Site Plan
Review No. 25.
Attached is signed copy of subject contract for transmittal
to the contractor.
Contractor: Newport Mariners Plaza Assoc.
660 Newport Center Dr., Ste 750
Address: Newnort Beach. CA 92660
Amount: $
Effective Date: January 9. 1981
Resolution No. 9972
Wanda Andersen
Attachment
cc: Finance Department
Cily Mall • 3300 Newport Boulevard, Newport Beach, California 92663
Ir
0
AGREEMENT FOR CONSTRUCTION
OF IMPROVEMENTS
(SITE PLAN REVIEW NO. .15-
)
THIS AGREEMENT, made and entered into this yri,j day of ,j ,
19 91 , by and between �l/ w /oar Msrt Acocc PLayA Aunc.ezFx, whose busi ess
address is t Igo Iv�cwyobc /F �r£2 S:riirF 7o'a N i3 , and if an individual,
whose residenc Aress is
hereinafter referred to as "Subdivider," and the CITY OF NEWPORT BEACH, a municipal
corporation, organized and existing under and by virtue of its Charter and the Constitution
and the laws of the State of California, hereinafter referred to as "City ";
WITNESSETH:
WHEREAS, Subdivider proposes to subdivide land within the City of Newport
Beach to be known as ; and
Site Plan Review No.
WHEREAS, Subdivider proposes to construct street and other public improvements
in connection with said subdivision as required by the Newport Beach Municipal Code and
as hereinafter %provided, which work and improvements, without limitation by enumeration,
consists of: LtI/�� G�T�i/Ti =-'2 -i S�G7� =c..:A �-K� 1 iv.= 1)Bi,2 .,✓ {�A/1T�.>i�,i .6t»/,
The above enumeration of items is understood to be only a general designation of the work
and improvements, and not a binding description thereof; and
WHEREAS, the provisions of Section 19.16.160 of the Newport Beach Municipal.,.._
Code provide for an agreement containing certain provisions as hereinafter set out,
NOW, THEREFORE, in consideration of their mutual promises, the parties hereto
agree as follows:
1. Subdivider agrees to complete all improvement work in accordance with
plans and specifications approved by the Public Works Director, including all improvements
required by the Municipal Code which were not specifically waived by the Planning
Commission or City Council in approving the subdivision, plus any additional improvements
required by the Planning Commission or City Council as a condition of approving the sub-
division. The conditions imposed by the Planning Commission or City Council are incor-
porated herein by reference and made a part hereof as though full set forth. Subdivider
agrees to complete said improvements within a period of I months from the date
hereof, unless such time be extended by the City upon written application of the Sub-
divider. It is understood that by providing security for this agreement, the surety
consents in advance to any extension of time as may be given by the City to the Sub-
divider and waives notices of such extension. The making of an application for an exten-
sion of time by the Subdivider shall, upon the granting of the application by the City,
constitute a waiver by the Subdivider and by the surety of all defenses of laches,
estoppel, statutes of limitations, and other limitations of action in any action or
proceeding filed by the City within the period of four (4) years immediately following
the date to which the time of performance was extended.
2. Said improvements shall be completed to the satisfaction of the Public Works
Director of City, and Subdivider shall pay the costs of inspection of said work in
accordance with the established schedule of charges for inspection heretofore adopted and
on file in the Director of Public Works' Office.
3. If Subdivider shall fail to complete said improvements within the period set
out above, City may resort to any security deposited by Subdivider in accordance with
Section 19.16.170 of the Newport Beach Municipal Code or call upon the surety for Sub-
divider to pay for said improvements or to supply the money for the completion of said
improvements in accordance with this agreement and the provisions of the Newport Beach
Municipal Code. Subdivider shall also be responsible for said improvements and the cost
thereof.
1 of 2
E
4. It is further understood and agreed that upon default of any obligation
hereunder, and at any time after any such default, the City may make written demand upon
the Subdivider or surety or both to immediately remedy the default or complete the work.
If said remedial activities or completion of work are not commenced within seven (7) days
after such demand is made and are not thereafter diligently prosecuted to completion and
fully completed within thirty (30) days after the making" of such demand (or such other time
as may be contained in said demand), the City may then complete or arrange for completion
of all remaining work or conduct such remedial activity as in the sole judgment of the City
may be required, all at the full expense and obligation of the Subdivider and surety and
all without the necessity of giving any further notice to the Subdivider or surety
before the City performs or arranges for performance of any remaining work or improvements,
and whether or not the Subdivider or surety have constructed any of the required improve-
ments at the time. In the event the City elects to complete or arrange for completion of
remaining work and improvements the Public Works Director, upon such election, may require
all work by the Subdivider or surety to cease in order to permit adequate coordination by
the City for completing any remaining work and improvements not yet completed.
5. The Subdivider shall provide security in the amount of 7�eu 44,4,,,,,,(
do] ats$ .39�- — ) to guarantee the performance of tni agreeme t. In addit o the
Su�Gdivi er shall provide security in the amount of
dollars to guarantee pay n any
contractors, subcontractors, and persons furnishing labor, materials and equipmen to them
for the performance of the work herein described. Said security shall be in the form of
a
6. The Subdivider promises and agrees to maintain all of the improvements to be
constructed under this contract in a state of good repair, until all of the work and
improvements are completed and accepted by or on behalf of the City and until the security
for the performance of this agreement is released. Said maintenance shall include, but
shall not be limited to, repair of pavement, curbs, gutters, sidewalks, parkways, sewers,
and removal of debris from sewers and storm drains; said maintenance shall also include,
but not be limited to by this enumeration, sweeping, repairing and maintaining in good
and safe condition all streets and street improvements. It shall be the Subdivider's
responsibility to initiate this work, but if he should fail to do so, he shall promptly
perform such maintenance when notified to do so by the Public Works Director of the City.
Upon failure of the Subdivider to properly maintain, the City may do all necessary work
required by this paragraph, the cost thereof being chargeable to the Subdivider and his
surety under this agreement.
7. Subdivider agrees to indemnify and hold harmless City and its officers,
agents and employees from all demands, claims, losses or liability on account of injury
or damage to persons or property suffered or claimed to be suffered in, on or around the
subdivision by any person as a result of any act or omission by Subdivider or his agents
or employees between the date Subdivider begins work on the subdivision and the date the
improvements are completed and accepted by City.
8. If the Subdivider and the surety fail to install all or any part of the
improvements required by this agreement within the time set forth herein, or fail to
comply with any other obligation contained herein, they shall be jointly and severally
liable to the City for any administrative expenses and attorney's fees incured in obtain-
ing compliance with this agreement and any such expenses and fees incurred in processing
any action for damages or for any other remedies permitted by law.
IN WITNESS WHEREOF, Subdivider has executed this agreement and the City of
Newport Beach has caused its corporate name and seal to be affixed by its Mayor and City
Clerk thereunto duly authorized as of the day and year first above written.
Approved as to Sufficiency:
Z w
City Manager
App ,ved as to For
C ty Attorney
CITY OF NEWPORT BEACH
Z
X
CITY
By
By
SUBDIVIDER
CL -ACI 11/78 2 of 2
P
AGREEMENT FOR CONSTRUCTION
OF IMPROVEMENTS
(SITE PLAN REVIEW NO.-1S )
THIS AGREEMENT, made and entered into this 9AAr�N, day of
19 91 , by and between /(1L64.,/oar r4A1,1j RS1nr�AT)C1 ,whose busi ess
address is Ut,o Mjrwyoac- 7a-p. N•fj. and if an individual,
whose residence address is ,
hereinafter referred to as "Subdivider," and the CITY OF NEWPORT BEACH, a municipal
corporation, organized and existing under and by virtue of its Charter and the Constitution
and the laws of the State of California, hereinafter referred to as "City ";
WITNESSETH:
WHEREAS, Subdivider proposes to subdivide land within the City of Newport
Beach to be known as and
Site Plan Review No.
WHEREAS, Subdivider proposes to construct street and other public improvements
in connection with said subdivision as required by the Newport Beach Municipal Code and
as hereinafter provided, which work and improvements, without limitation by enumeration,
consists of: �u/_�6. Cyr rr <--2., s�v..= .�a1.e. 1-a21K' �41? <'i' � ,d' -e-
The above enumeration of items is understood to be only a general designation of the work
and improvements, and not a binding description thereof; and
WHEREAS, the provisions of Section 19.16.160 of the Newport Beach Municipafi
Code provide for an agreement containing certain provisions as hereinafter set out,
NOW, THEREFORE, in consideration of their mutual promises, the parties hereto
agree as follows:
1. Subdivider agrees to complete all improvement work in accordance with
plans and specifications approved by the Public Works Director, including all improvements
required by the Municipal Code which were not specifically waived by the Planning
Commission or City Council in approving the subdivision, plus any additional improvements
required by the Planning Commission or City Council as a condition of approving the sub-
division. The conditions imposed by the Planning Commission or City Council are incor-
porated herein by reference and made a part hereof as thou h full set forth. Subdivider
agrees to complete said improvements within a period of ►V months from the date
hereof, unless such time be extended by the City upon written application of the Sub-
divider. It is understood that by providing security for this agreement, the surety
consents in advance to any extension of time as may be given by the City to the Sub-
divider and waives notices of such extension. The making of an application for an exten-
sion of time by the Subdivider shall, upon the granting of the application by the City,
constitute a waiver by the Subdivider and by the surety of all defenses of laches,
estoppel, statutes of limitations, and other limitations of action in any action or
proceeding filed by the City within the period of four (4) years immediately following
the date to which the time of performance was extended.
2. Said improvements shall be completed to the satisfaction of the Public Works
Director of City, and Subdivider shall pay the costs of inspection of said work in
accordance with the established schedule of charges for inspection heretofore adopted and
on file in the Director of Public Works' Office.
3. If Subdivider shall fail to complete said improvements within the period set
out above, City may resort to any security deposited by Subdivider in accordance with
Section 19.16.170 of the Newport Beach Municipal Code or call upon the surety for Sub-
divider to pay for said improvements or to supply the money for the completion of said
improvements in accordance with this agreement and the provisions of the Newport Beach
Municipal Code. Subdivider shall also be responsible for said improvements and the cost
thereof.
1of2
1 .
4. It is further understood and agreed that upon default of any obligation
hereunder, and at any time after any such default, the City may make written demand upon
the Subdivider or surety or both to immediately remedy the default or complete the work.
If said remedial activities or completion of work are not commenced within seven (7) days
after such demand is made and are not thereafter diligently prosecuted to completion and
fully completed within thirty (30) days after the making" of such demand (or such other time
as may be contained in said demand), the City may theut complete or arrange for completion
of all remaining work or conduct such remedial activity as in the sole judgment of the City
may be required, all at the full expense and obligation of the Subdivider and surety and
all without the necessity of giving any further notice to the Subdivider or surety
before the City performs or arranges for performance of any remaining work or improvements,
and whether or not the Subdivider or surety have constructed any of the required improve-
ments at the time. In the event the City elects to complete or arrange for completion of
remaining work and improvements the Public Works Director, upon such election, may require
all work by the Subdivider or surety to cease in order to permit adequate coordination by
the City for completing any remaining work and improvements not yet completed.
5. The Subdivider shall provide security in the amount of 70°,_ ;Zte .,, ,(
to guarantee the performance of thi agreeme t. In addit'o , the
Su divi er shall provide security in the amount of
dollars ($��p, to guarantee paygtnt any
contractors, subcontractors, and persons furnishing labor, materials and equipmen to them
for the performance of thLg work herein described. Said security shall be in the form of
Zcorpo t, surety bonds, (rcash deposits, etc.
6. The Subdivider promises and agrees to maintain all of the improvements to be
constructed under this contract in a state of good repair, until all of the work and
improvements are completed and accepted by or on behalf of the City and until the security
for the performance of this agreement is released. Said maintenance shall include, but
shall not be limited to, repair of pavement, curbs, gutters, sidewalks, parkways, sewers,
and removal of debris from sewers and storm drains; said maintenance shall also include,
but not be limited to by this enumeration, sweeping, repairing and maintaining in good
and safe condition all streets and street improvements. It shall be the Subdivider's
responsibility to initiate this work, but if he should fail to do so, he shall promptly
perform such maintenance when notified to do so by the Public Works Director of the City.
Upon failure of the Subdivider to properly maintain, the City may do all necessary work
required by this paragraph, the cost thereof being chargeable to the Subdivider and his
surety under this agreement.
7. Subdivider agrees to indemnify and hold harmless City and its officers,
agents and employees from all demands, claims, losses or liability on account of injury
or damage to persons or property suffered or claimed to be suffered in, on or around the
subdivision by any person as a result of any act or omission by Subdivider or his agents
or employees between the date Subdivider begins work on the subdivision and the date the
improvements are completed and accepted by City.
8. If the Subdivider and the surety fail to install all or any part of the
improvements required by this agreement within the time set forth herein, or fail to
comply with any ether obligation contained herein, they shall be jointly and severally
liable to the City for any administrative expenses and attorney's fees incured in obtain-
ing compliance with this agreement and any such expenses and fees incurred in processing
any action for damages or for any other remedies permitted by law.
IN WITNESS WHEREOF, Subdivider has executed this agreement and the City of
Newport Beach has caused its corporate name and seal to be affixed by its Mayor and City
Clerk thereunto duly authorized as of the day and year first above written.
Approved as to Sufficiency:
City Ma0ger _ 0
App ved as to m:
ity Attbrney
CITY OF NEWPORT BEACH
By
J Mayor
BY
City Clerk
CITY
By
By
SUBDIVIDER
CL -ACI 11/78 2 of 2
Bond No. 1000955
CITY OF NEWPORT BEACH 49 rremlum: yol.uu
UBDIVISION FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Newport Beach, County of Orange, State
of California, and /VEo,PeRr /Y1ae.wrf4s A.,,#24 Ass�.grrs , hereinafter designated as
"Principal," are about to or have entered into an agreement pursuant to the State of
California Subdivision Map Act and the Newport Beach Municipal Code whereby Principal
agrees to install and complete certain designated public improvements as required by
the Newport Beach Municipal Code, which said agreement, dated TA.JK,oA-f 9 , 19 8� ,
and identified as Agreement for Construction of Improvements (Site Plan Review
No. 9-K- ), is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish
a bond for the faithful performance of said agreement,
NOW, THEREFORE, we, the Principal and AMWEST SURETY INSURANCE COMPANY ,
whose place of business is 6301 Owensmouth Ave. #304 19oodland Hi "lls CA 91367 ,
a corporation organized and doing business under and by virtue of the aws of the State
of Sa 'f"rn;a , and duly licensed by the State of California for the purpose
of making, guaranteeing, or becoming sole surety upon bonds or undertakings required or
authorized by the laws of the State of California, as Surety, are held and firmly bound
unto the City of Newport Beach, hereinafter called "City," in the penal sum of
-M t? 9,C 1r+0 it w.�0 F, c-r•� Dollars ($3,o So.oc ), lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, successors, executors, and administrators, jointly and severally, firmly by
these presents.
The condition of this obligation is that if the above bound Principal, his or its
heirs, executors, administrators, successors, or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants, conditions and provi-
sions in the same agreement and any alteration thereof made as therein provided, on his
or their part, to be kept and performed at the time and in the manner therein specified,
and in all respects according to their true intent and meaning, and shall indemnify and
save harmless City, its officers, agents, and employees, as therein stipulated, then
this obligation shall become null and void; otherwise, it shall be and remain in full
force and effect.
As part of the obligation secured hereby and in addition to the face amount speci-
fied therefor, there shall. be included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by City in successfully enforcing such obligation,
all to be taxed as costs and included in any judgment rendered.
The Surety and Principal further agree that in the event the work and improvements
are not completed with the time allowed by the said agreement or any extention or
extensions thereof as may be granted by the City, the City may, at its option, and in
addition to any other remedies available by law, complete or arrange for completion of
said work and improvements, and all costs and expenses therefor shall become a debt due
and owing said City, as set forth in said agreement.
The Surety hereby stipulates and agrees that no change, extensions of time, altera-
tion or addition to the terms of the agreement or to the work to be performed thereunder
or the specifications accompanying the same shall in anywise affect its obligations on
this bond, and it'does hereby waive notice of any such change, extension of time, altera-
tion or addition to the terms of the agreement, or to the work, or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named on N-J V AP �q `t 19 8l
VVPORT
r' O MARINERS TES
By
' 'Principal
ti
Approved as to Sufficiency: By
Principal
ANWEST SURETY INSURANCE COMPANY
City verger Surety
' Approved as to Form: By
Joseph Panarisi
Attorney -in -fact
City Attorney
CL- R /T -FPB 11178
a
sue.
7
w
O
G
d
d
b
d
3
0
c
U
d � L
a ..
a LL
i0 c u
C �
N 0 L
6 q
Y ~
d
E
o
d o
a d
a rn
E d
0 3
c
Y
0
A
c �
a
0
U
N
.ti
a N C
a � �
cz K
H
C C Np
~O A 0)
=O
U G w
`o T
`nU 0
N
C
E
7
L
c
c
s
K
��rtt E
L lam'
u
a
a
I
Q�
U
a 2
!!
§
§
X22
rn y«�\ a'
2��
}W
}
E
#
ol
[/
�
\}
(a
0
\
\
(
&
±
/
f
)
�
gi
\
Ja
q
/co
#¥
a
Bond No. 10009SS
• CITY OF NEWPORT BEACH • Premium: $61.00
SUBDIVISION FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Newport Beach, County of Orange, State
of California, and n1EwPeRr 1a" 4r-vs , hereinafter designated as
"Principal," are about to or have entered into an agreement pursuant to the State of
California Subdivision Map Act and the Newport Beach Municipal Code whereby Principal
agrees to install and complete certain designated public improvements as required by
the Newport Beach Municipal Code, which said agreement, dated TA,1tto CY 9 , 19 81 ,
and identified as Agreement for Construction of Improvements (Site Plan Review
No. 2.5- ), is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish
a bond for the faithful performance of said agreement,
NOW, THEREFORE, we, the Principal and AMWEST SURETY INSURANCE COMPANY ,
whose place of business is 6301 Owensmouth Ave. 1111 Woodland Hills CA 91367 ,
a corporation organized and doing business under and by virtue of the aws of the State
of California , and duly licensed by the State of California for the purpose
of making, guaranteeing, or becoming sole surety upon bonds or undertakings required or
authorized by the laws of the State of California, as Surety, are held and firmly bound
unto the City of Newport Beach, hereinafter called "City," in the penal sum of
TH R6E 1,•tc 14 InIP f- c-r-� Dollars ($ 3.os -o.00 ), lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, successors, executors, and administrators, jointly and severally, firmly by
these presents.
The condition of this obligation is that if the above bound Principal, his or its
heirs, executors, administrators, successors, or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants, conditions and provi-
sions in the same agreement and-any alteration thereof made as therein provided, on his
or their part, to be kept and performed at the time and in the manner therein specified,
and in all respects according to their true intent and meaning, and shall indemnify and
save harmless City, its officers, agents, and employees, as therein stipulated, then
this obligation shall become null and void; otherwise, it shall be and remain in full
force and effect.
As part of the obligation secured hereby and in addition to the face amount speci-
fied therefor, there shall. be included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by City in successfully enforcing such obligation,
all to be taxed as costs and included in any judgment rendered.
The Surety and Principal further agree that in the event the work and improvements
are not completed with the time allowed by the said agreement or any extention or
extensions thereof as may be granted by the City, the City may, at its option, and in
addition to any other remedies available by law, complete or arrange for completion of
said work and improvements, and all costs and expenses therefor shall become a debt due
and owing said City, as set forth in said agreement.
The Surety hereby stipulates and agrees that no change, extensions of time, altera-
tion or addition to the terms of the agreement or to the work to be performed thereunder
or the specifications accompanying the same shall in anywise affect its obligations on
this bond, and it does hereby waive notice of any such change, extension of time, altera-
tion or addition to the terms of the agreement, or to the work, or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named on Sg VA,��„ , 19 31
PT MARINERS �P/LA/ ASSOCIATES
By
'Principal
Approved as to Sufficiency: By
Principal
R•AW q ,=
City Manager
Approved as to Form-
City Attorney
CL- R /T -FPB 11/78
AMEST SURETY INSURANCE CCtVANY
Surety
Joseph Panarisi
Attorney -in -fact
7.
qCT
O
yv
6
W
N
D
e
C
W
C_
� U
M
r- a
L A
b o
C W
7 O
m
z
E
i
t I
Si
E �
C
i C
Y
r
N
�i
N
L_
ul o
V
v
ac
m
1 L
gfil
C R
y «L
t�
E
U
y W
d y
r
W
F
N
g
W
E
W
0
♦
Z ♦
i
wo?rm i
♦ J
J LL W ♦
W
a 4 � �
♦
�
ou
♦ �
J d
V
♦ ¢
� W LL
♦ u
♦4
Tma v ^,n
= =M1ZN
O
�
♦
2 N ♦
♦
E ♦
♦ o
♦ U
h..
a
L
w
Q
�1+
c
d
d
Ol
d
U
2
A �
i t
O A
;o O
U o
O
d j
is p
U) U
d `o r
T T X
A C d
C w d
y O L
w QY
CL q
d L
EY
O
y O
� y
E D
d
O 30
Y
a
c .D
Y O
m
h O
U
m
c
2
c
C
.0
I
v
u
d
a
o,
N
Ln
U
Bond No. 1000955
. 0 Premium included in
CITY OF NEWPORT BEACH Performance Bond
SUBDIVISION LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Newport Beach, County of Orange, State
of California, and NfwPokr r»AR.NE2 04A21 .46soc. , hereinafter designated as
"Principal," are about to or have entered into an agreement pursuant to the State of
California Subdivision Map Act and the Newport Beach Municipal Code whereby Principal
agrees to install and complete certain designated public improvements as required by
the Newport Beach Municipal Code, which said agreement, dated J-4 4& 4
and identified as Agreement for Construction of Improvements (Site Plan Re-
view No. ,2s- ), is hereby referred to and made a part hereof; and
WHEREAS, under the terms of said agreement, Principal is required, before
entering upon the performance of the work, to file a good and sufficient payment bond
with the City of Newport Beach to secure the claims to which reference is made in
Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of
the State of California,
NOW, THEREFORE, said Principal and ANWEST SURETY INSURANCE COMPANY , whose
place of business is 6301 Owensmouth Ave., 9304, Woodlan ll
d His, CA 91367_, a corporation
organized and doing business under and by virtue of the awl s of the State of California
and duly licensed by the State of California for the purpose of making, guaranteeing, or
becoming sole surety upon bonds or undertakings required or authorized by the laws of
the State of California, as Surety, are held firmly bound unto the City of Newport Beach
and all contractors, subcontractors, laborers, materialmen, and other persons employed
in the performance of the aforesaid agreement and referred to in the aforesaid Code of
Civil Procedure in the sum of T'Nee�; n+oushfja Fr� Dollars ($3,os�.00 ) for
materials furnished or labor thereon of any kind, or for amounts due under the Unemploy-
ment Insurance Act with respect to such work or labor, that said surety will pay the same
in an amount not exceeding the amount hereinbefore set forth, and also if case suit is
brought upon this bond, will pay, in addition to the face amount thereof, costs and
reasonable expenses and fees, including reasonable attorney's fees incurred by City in
successfully enforcing such obligation, to be awarded and fixed by the court, and to be
taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the bene-
fit of any and all persons, companies, and corporations entitled to file claims under
Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as
to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall
become null and void; otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of said agreement or the specifications accompanying
the same shall in any manner affect its obligations on this bond, and it does hereby
waive notice of any such change, extension, alteration or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named on January 9 , 19 81
NEWPORT MARINERS PLAZA ASSOCIATES
B)
Principal
By _
Principal
AMWEST SURETY INSURANCE COMPANY
Surety
Approved as to Sufficiency: By i
Joseph 1. Panarisi
Attorney -in -fact
City Manager
i
Approved as to Form:
s
Ci y Atto ney —
CL- R /T -LMB 11/78
E d
p
Y C
� r
G
m
w
y
y �
N
�
a �
m
i
V
�
y
d
m z°
m
in
m
L
O
r6
0
-00
m
i y
7
v
—
c
m
V
� v
m
m � Z
It
z i♦ Zs ♦
Z
♦ Ol ♦
_f 4 r
J Q J W _ ♦
V
♦ IJ Q' 4 � 01
� U'L
♦ J
♦ G V IL ♦
♦ V im4[i y ♦
d Z d
♦ LL =
] 4 .a
O Z
K S W
♦ Z N
♦ E
♦ � ti. \. E
ie
H O
H ii
/
)
ol
\
CL
} \?
\
�
■±f
\
■
°�
�
.w
§
)
'
E
&
�
7
§
it=
§
) ®
\
\
o »/
(/
(§)
^n
/ \)
ƒ/
»//
u%
-
{
c
,
\J
2
y »}\
/
)
ol
\
BOND NO. 1000955
Premium included in
CITY OF NEWPORT BEACH Performance Bond
SUBDIVISION LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Newport Beach, County of Orange, State
of California, and "Lvpp smoQ..Ea ?1424 Ar-cor _, hereinafter designated as
"Principal," are about to or have entered into an agreement pursuant to the State of
California Subdivision Map Act and the Newport Beach Municipal Code whereby Principal
agrees to install and complete certain designated public improvements as required by
the Newport Beach Municipal Code, which said agreement, dated T4,.u4.ty 9
and identified as Agreement for Construction of Improvements (Site P1an Re-
view No. ,)s ), is hereby referred to and made a part hereof; and
WHEREAS, under the terms of said agreement, Principal is required, before
entering upon the performance of the work, to file a good and sufficient payment bond
with the City of Newport Beach to secure the claims to which reference is made in
Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of
the State of California,
NOW, THEREFORE, said Principal and AMWEST SURETY INSURANCE COMPANY , whose
place of business is 6301 Owensmouth Ave., 304, Woodland Hills, CA 91367 , a corporation
organized and doing business under and by virtue of the laws of the State of California
and duly licensed by the State of California for the purpose of making, guaranteeing, or
becoming sole surety upon bonds or undertakings required or authorized by the laws of
the State of California, as Surety, are held firmly bound unto the City of Newport Beach
and all contractors, subcontractors, laborers, materialmen, and other persons employed
in the performance of the aforesaid agreement and referred to in the aforesaid Code of
Civil Procedure in the sum of i-Necc TtleuSr.,.,n F,cry Dollars ($3,orv.00 ) for
materials furnished or labor thereon of any kind, or for amounts due under the Unemploy-
ment Insurance Act with respect to such work or labor, that said surety will pay the same
in an amount not exceeding the amount hereinbefore set forth, and also if case suit is
brought upon this bond, will pay, in addition to the face amount thereof, costs and
reasonable expenses and fees, including reasonable attorney's fees incurred by City in
successfully enforcing such obligation, to be awarded and fixed by the court, and to be
taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the bene-
fit of any and all persons, companies, and corporations entitled to file claims under
Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as
to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall
become null and void; otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of said agreement or the specifications accompanying
the same shall in any manner affect its obligations on this bond, and it does hereby
waive notice of any such change, extension, alteration or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named on January 9 19 81
NE 0 MARINERS PLAZA ASSSOCIATES
By ✓ n-A
Principal
— r
0
ncipa
AMWEST SURETY INSURANCE COMPANY
Surety
Approved as to Sufficiency: By
Joseph . Panarisi
Attorney -in -fact
City Manag
Approved as to Form:
' City Attorney
r
CL- R /T -LMB 11/78
a
c
Y• C
NO
3.
yL
r
o
r �
A
y
S:
y
a � H
`e
�
� w
w
O
S-
E
c
w I -
M
v
m
o.
x
O
i
O
�0
O
0
8
=
7
C
c
L � O
v
E
�
A
L_
C v
L vet m C
N
Y
d
y
A W
a v �
z
• Z¢ ♦
i WOZ rn i
�w aauz�
"wo i
♦"
♦4 =mazy♦
ii` I- azz�a�
N
a
O
♦ z y
8
a
r.
4r
O
i+
C
d
d
3
O
C
V
2
R
C C
L
0
qO
Up
O
.d.. C
A O
V`5 U
d O L
A C V
T a X
G O1
� a
O •_
pw
fL j0
E y E
Y
0 O
y O
a u
d m
" E �
� O
C
3 q
O
C �p
. � C
R
m ro
a
h �
m
C
O
C
E
7
L
_C
C
3
s a
x � -
�zcaV
oUC �GTT e
C
Y
i
1
�J
J
�J
1
U
D
7
a
i
N
-
U
do
March 31, 1981
CITY OF NEWPORT BEACH
Newport Mariners Plaza Associates
660 Newoort Center Drive, Suite 750
Newport Beach, California 92660
OFFICE OF THE CITY CLERK
(714) 640 -2251
.Subject: Surety Corporate Surety Company
Project License agreement between the City of
Newport Beach and Newport Mariners Plaza
Associates in connection with the public
improvements required with Site Plan No. 25
Contract No: 2242
The City Council on January 26, 1981, authorized the City Clerk
to have the license agreerient (C -2242) recorded with the
Orange County Recorder. The agreement (C- 2242). was filed with
the Orange County Recorder on March 20, 1981 in Book 13989,
Page 693.
Fri 'V1k F... Fi�DERSEN
City Clerk
WFA:da
cc: P ^tilic Wbrks Department
ri January 21, 1981
TO: (1) CITY ATTORNEY
(2) CITY MANAGER
(3) CITY CLERK
FROM: Public Works Department
SUBJECT: AGREEMENT AND SURETY FOR SITE PLAN REVIEW N0. 25
Attached are the following:
1. Original and two copies each of a Subdivision Agreement, a
Subdivision Faithful Performance Bond and Subdivision Labor
and Materials Bond.
2. Original and two copies of a License Agreement.
The Public Works Department has reviewed the agreement and bonds
and has found them to be in order and sufficient to cover the cost of the
required improvements. A check in the amount of $305 has been deposited to
cover the cost of inspection fees and plan checking.
Action requested:
1. City Attorney
a. Approve License Agreement and Subdivision Agreement
and bonds as to form.
b. Forward all copies to City Manager.
c. Prepare resolution authorizing the Mayor and
the City Clerk to execute agreements.
2. City Manager
a. Approve License Agreement and Subdivision Agreement and bonds
as to sufficiency.
b. Forward all copies to the City Clerk.
3. City Clerk
•,✓a. Present agreements to City Council for approval.
V b. Have Mayor execute the agreements.
Have License Agreement recorded in the office of the County
Recorder of Orange County, California.
d. Retain original' of agreements and bonds for your files
l� /J and return all copies to Public Works Department.
Benjamin B. Nolan
Public Works Director
RLH:jd
Att.
1
r CITY CAF NEB . R'-.I- BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
February 2, 1981
Lee A. Branch
County Recorder
P.O. Box 238
Santa Ana, California 92702
Attached for recordation is License Agreement (C -2242)
between the City of Newport Beach. and Newport Mariners Plaza Associates
Authorized by Resolution No, 9972 ____ adopted by the Council of the
City of Newport Beach on' January 26 , 1981.
WANDA E. ANDF,RSEN
City Clerk
V:A:da
encl.
('1u { Lill • 3:1)00 Nc%% )ii Bmdc%anl. Nt-wp in BcacL, ('al)lmm;i 0260:t
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
LICENSE AGREEMENT
THIS AGREEMENT is made and entered into this n. ,-aen/ day of
rVA,zy / 9t / , 1981, by and between the CITY OF NEWPORT BEACH, hereinafter
referred to as "CITY" and P"rsr* #ksoc,,4TES >
hereinafter referred to as "OWNER ".
W I T N E S S E T H
WHEREAS, the OWNER desires to construct permanent improvements over
City Easements for drainage and utility purposes (hereinafter "easement ") along
the northerly and easterly property lines on the attached Exhibit "A ", located
in Lot A of Tract 919 as shown on a map filed in Book 29, Pages 31 through 34, of
Miscellaneous Maps, Records of Orange County, California; also known as 2244 West
Coast Highway, Newport Beach, and hereinafter referred to as BUSINESS: and
WHEREAS, the parties hereto desire to execute agreement providing for
the construction of permanent improvements within the Easement;
NOW, THEREFORE, in consideration of their mutual promises, the parties
hereto agree to the following:
1. DEFINITIONS
"Permanent improvements" shall be defined to include paving, curbs,
walkways, masonary and non - masonary walls, ground cover and low shrubs.
2. RIGHTS OF OWNER
Owner may construct, reconstruct, install, maintain, use, operate,
repair and replace said improvements, all in substantial conformance with plans
and specifications therefore on file in the City's Public Works Department, in,
on and across those certain easements described in Exhibit "A" hereto. Trees
shall not be planted within the easement.
3. RESTORATION
Should City be required to enter onto the easement to construct,
maintain, remove, repair, renew, replace or enlarge public facilities, the City
may remove all or part of the permanent improvements and in such event:
i1`
: 0 SKI
(a)= City agrees to bear the portion of the costs of the restoration
of the permanent improvements (except for walls and landscaping)
to the extent such costs would have been incurred had standard
asphalt paving improvements been installed by Owner;
(b) Owner agrees to pay any costs of restoration of walls and land-
scaping and the cost of restoration of the permanent improvements
in excess of the costs to be paid by City.
4. OWNER agrees to indemnify and hold harmless CITY, its officers, agents
and employees from all demands, claims, losses or liability on account of injury or
damage to persons or property on account of injury or damage suffered as a result of
the existence and use of the aforementioned "permanent improvements ".
5. It is mutually agreed that this Agreement shall remain in full force
and effect from execution thereof; shall run with the l old; shall be binding upon
the heirs, successors, and assigns of OWNER's interest in the Business, and shall be
recorded in the Office of the County Recorder of Orange County, California.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
made and entered into the day and year first above written.
ATTEST:
1
City Clerk
APPROVED AS TO FORM:
,
To 447 c
(Individual)
CITY OF NEWPORT BEACH
a Municipal Corporation
9 B �Gyc•p
yo zw Odle 1'r„tt4 k5t)C /4-(W
By v i
M/YwlAGih/G 1'14- 0-A/r/L
TI
STATE: 01-' C.ALIPORNI:\
n
COUNTY 01,'—
O" —
j_ <<-•-A`�'i' —_ :� I,rlurl' Ino, 1C
Statu,
Illr5l`r.in rl Ufl. II _Mfl' v Puldie in and {OI Said
IICr60nall}' aptipared
) '
............
J_ ... _ ._
a In Lr• the prr.on whwe natn, sub- crih„d
kNRp11 20 mC
F —
N In ihr rcidlio in.Irunrenr and ack"ou'Icdg,d that 6� ^
c no. I -�. -.. _. .... ..
cpcculcd tL =m
VV'I 1•A 1'..�) my 1larid "oI oRnial seal.
♦eee1e10 e0eeeee ee °'Ae�e'��OOeeP�
f
OFFICIAL SAL
DOROTHY L. PA EN
o
natm'c —_l�, v _L.Lh�1_ -.� \� :_.� �•`
NOTARY p!,7L,C CILi V,?N!
i
/, /}-
♦ % I'i?INC12AL or,lclt IN
ORANGE COUNI�
e
�,�^ 111 L =n
Feb. 9, 1981
(, ^- --
I. 1P
Name P' ed or 1'riuled)
s My Comrnissicn Expires
s
issoseooeooseeeeeeeeeoeeassoa.+
(This area for oMOial notarial neap
hl;
8
17
Se-
0
to
................
j, 7f
- rTf�
Pnn.
r�
11 Sri
It
LU
q
ad
I If PR pub
41
[�
12 :600; 1
in
!Y
iy
p gap MP
tf 1 Q G
0 N ru
sts its it 5
Rf 01 1, A
gy,
If 0
pe i hy
VIVO
lr LL
- .1 -� -
1 g, P jug'
U .1 ADO V!
y ; map R
ji,
Se-
0
to
................
kWh
ii�. "Aff
-------------------
tit
trill,
1 vNi
I it
Ems,
11 3
iY r
j, 7f
- rTf�
Pnn.
r�
11 Sri
It
af -.z
q
ad
I If PR pub
-11 A
[�
12 :600; 1
in
p
21 1 i�i :y t'
tf 1 Q G
0 N ru
sts its it 5
Rf 01 1, A
gy,
, fif
kWh
ii�. "Aff
-------------------
tit
trill,
1 vNi
I it
Ems,
11 3
iY r
j, 7f
- rTf�
r�
11 Sri
� �A /�%�/ v�.c� ✓/4 Ki
i aay4 W. CeNY
i CITY OF NEWPORT BEACH RECEIPT 1
7 O4 �'Ew ?Oqr I
NEWPORT BEACH CALIFORNIA 92663
I No. 15507 M
1
I
i
i
I
i
i
i
4
x
ACCOUNT NO. ACCOUNT NO
•�'� / �� -00 <� l O DEPARTMENT
G !% GLL 41 t7 C GO BY
i
6-35171220
�+� PAYyTO' - F3':m 4k{...y{�jip,yMlW - . • �'
DOLLARS
n NEWPORT CORPORAT FFICE
LLOYDS BANK CALIFORNIA
4400 MacArthur Blvd., Newport Beach. CA 92660
- P�gl/ CN�CK .t /n/SP,ECT /o�/ �C�E � � �_ ��A.,✓ 13""
606411100 56611'
r,
PAY TO THE
ORDER OF_
® NEWPORT CORPORATE OFFICE
MKS LLOYDS BANK CALIFORNIA
4400 MacArthur Blvd., Newport Beach. CA 92660
i0641M00S6611'
}
. I 16351/1220,
"AQ"= "-�•.fiHiQ+:' / M:ryyv':ni�st%
.;
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
T0: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. C -2242
Description of Contract License Agreement:
public improvements required with Site Plan Review No. 25
Effective date of Contract January 9, 1981
Authorized by Resolution No. 9972 , adopted on Jan 26, 1981
Contract with N=c)r N=or Mariners Plaza Assoc.
Adress 660 Newport Center Dr „ Ste. 750
Newport Beach, CA 92660
Amount of Contract $3,050.00
Wanda E. Andersen
City Clerk
WEA:bf
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
,rte
40-
AGREEMENT FOR CONSTRUCTION
OF IMPROVEMENTS
(SITE PLAN..REVIEW NO. .75-
)
* * * * * * * * **
THIS AGREEMENT, made and entered into this 9 I/ day of .1`
r ,
19 B 1 by and between w �o�r .oar,l6,cs c whose busi ess
address is �o N ,,, 2 ..� 7a —p. Av,.n. , and if an individual,
whose residence address is ,
hereinafter referred to as "Subdivider," and the CITY OF NEWPORT BEACH, a municipal
corporation, organized and existing under and by virtue of its Charter and the Constitution
and the laws of the State of California, hereinafter referred to as "City ".;
WITNESSETH:
WHEREAS, Subdivider proposes to subdivide land within the City of Newport
Beach to be known as and
Site Plan Review No.
WHEREAS, Subdivider proposes to construct street and other public improvements
in connection with said subdivision as required by the Newport Beach Municipal Code and
as hereinafter sprovided, which work and improvements, without limitation by enumeration,
consists of: GLi�B L�TUr�i= �� Sip <= wAa�e� 1'�,��__ AeJ -Ic >.✓ N icy,
i
The above enumeration of items is understood to.be_ only a. general designation of f4te work
and improvements, and not a binding description thereof; and
WHEREAS, the provisions of Section 19.16.160 of the Newport Beach Municipal
Code provide for an agreement containing certain provisions as hereinafter set out,
NOW, THEREFORE, in consideration of their mutual promises, the parties hereto
agree as follows:
1. Subdivider agrees to complete all improvement work in accordance with
plans and specifications approved by the Public Works Director, including all improvements
required by the Municipal Code which were not specifically waived by the Planning
Commission or City Council in approving the subdivision, plus any additional improvements
required by the Planning Commission or City Council as a condition of approving the sub-
division. The conditions imposed by the Planning Commission or City Council are incor-
porated herein by reference and made a part hereof as though full set forth. Subdivider
agrees to complete said improvements within a period of Iti/ months from the date
hereof, unless such time be extended by the City upon written application of the Sub-
divider. It is understood that by providing security for this agreement, the surety
consents in advance to any extension of time as may be given by the City to the Sub-
divider and waives notices of such extension. The making of an application for an exten-
sion of time by the Subdivider shall, upon the granting of the application by the City,
constitute a waiver by the Subdivider and by the surety of all defenses of laches,
estoppel, statutes of limitations, and other limitations of action in any action or
proceeding filed by the City within the period of four (4) years immediately following
the date to which the time of performance was extended.
2. Said improvements shall be completed to the satisfaction of the Public Works
Director of City, and Subdivider shall pay the costs of inspection of said work in
accordance with the established schedule of charges for inspection heretofore adopted and
on file in the Director of Public Works' Office.
3. If Subdivider shall fail to complete said improvements within.the period set
out above, City may resort to any security deposited by Subdivider in accordance with
Section 19.16.170 of the Newport Beach Municipal Code or call upon the surety for Sub-
divider to pay for said improvements or to supply the money for the completion of said
improvements in accordance with this agreement and the provisions of the Newport Beach
Municipal Code. Subdivider shall also be responsible for said improvements and the cost
thereof.
1 of 2
0
a-
4. It is further understood and agreed that upon default of any obligation
hereunder, and at any time after any such default, the City may make written demand upon
the Subdivider or surety or both to immediately remedy the default or complete the work.
If said remedial activities or completion of work are not commenced within seven (7) days
after such demand is made and are not thereafter diligently prosecuted to completion and
fully completed within thirty (30) days after the making' of such demand (or such other time
as may be contained in said demand), the City may then complete or arrange for completion
of all remaining work or conduct such remedial activity as in the sole judgment of the City
may be required, all at the full expense and obligation of the Subdivider and surety and
all without the necessity of giving any further notice to the Subdivider or surety
before the City performs or arranges for performance of any remaining work or improvements,
and whether or not the Subdivider or surety have constructed any of the required improve-
ments at the time. In the event the City elects to complete or arrange for completion of
remaining work and improvements the Public Works Director, upon such election, may require
all work by the Subdivider or surety to cease in order to permit adequate coordination by
the City for completing any remaining work and improvements not yet completed.
5. The Subdivider shall provide security in the amount of 7V4.
dol a7's $ .3V a o. — ) to guarantee the performance of thi agreeme t. In addit o the
Su divi er shall provide security in the amount of ,,u ,e,,���
dollars ($�j�o. to guarantee paypntp any
contractors, subcontractors, and persons furnishing labor, materials and equipment to them
for the performance of the worksherein described. Said security shall be in the form of
surety bonds,gcasn depos
6. The Subdivider promises and agrees to maintain all of the improvements to be
constructed under this contract in a state of good repair, until all of the work and
improvements are completed and accepted by or on behalf of the City and until the security
for the performance of this agreement is released. Said maintenance shall include, but
shall not be limited to, repair of pavement, curbs, gutters, sidewalks, parkways, sewers,
and removal of debris from sewers and storm drains; said maintenance shall also include,
but not be limited to by this enumeration, sweeping, repairing and maintaining in good
and safe condition all streets and street improvements. It shall be the Subdivider's
responsibility to initiate this work, but if he should fail to do so, he shall promptly
perform such maintenance when notified -to do so by the Public Works Director of the City.
Upon failure of the Subdivider to properly maintain, the City may do all necessary work
required by this paragraph, the cost thereof being chargeable to the Subdivider and his
surety under this agreement.
7. Subdivider agrees to indemnify and hold harmless City and its officers,
agents and employees from all demands, claims, losses or liability on account of injury
or dao::ge to persons or property suffered or claimed to be suffered in, on or around the
subdivision by any person as a result of any act or omission by Subdivider or his agents
or employees between the date Subdivider begins work on the subdivision and the date the
improvements are completed and accepted by City.
8. If the Subdivider and the surety fail to install all or any part of the
improvements required by this agreement within the time set forth herein, or fail to
comply with any other obligation contained herein, they shall be jointly and severally
1iF5le to the City for any administrative expenses and attorney's fees incured in obtain-
ing compliance with this agreement and any such expenses and fees incurred in processing
any action for damages or for any other remedies permitted by law.
IN WITNESS WHEREOF, Subdivider has executed this agreement and the City of
Newport Beach has caused its corporate name and seal to be affixed by its Mayor and City
Clerk thereunto duly authorized as of the day and year first above written.
Approved as to Sufficiency:
City Manager' -�
Appy,'PAved as to For
i
cz
City Attorney
CITY OF NEWPORT BEACH
L
LE
CITY
By ` i�Y�/�JTiio'v�Z%
MAW,9GsNG Pin'✓
By
SUBDIVIDER
CL -ACI 11/78 2 of 2
- 'BANKOFAMERICA
729327-1
ACCOUNT NUMBER 11015 -00296
'IRVINE INDUSTRIAL ' BRANCH -,NEWPORT BEACH
CALIFORNIA
DATE JAN. 20, 1981
-T6Hii posTm II
*S*TA)t DEPOSITED IN THIS BANK
S *6100.00**
U
00
DOLLARS',
PAY TO A CITY OF NEWPORT BEACH
Upon Maturity and UPon Surrender of This Certificate Prowly Erdwsed.
SEE IMPORTANT NOTICE ON REVERSE"
-------------
----------------------------
'The maturity of this Cialibcate is --- IL-daY-a--trm date.
interest at the rate GL5k—% WW be paid or credited in accordance with your instructions,
Note: No interest accrues on this certificate after maturity'
Aoe
G
SEE IMPORTANT NOTICE ON REVERSE
/Authorized
Signat"Aank of Artistic NT&SA
Duo 11110 153x.
110 IS41,C)o
-
qp u
IT) C-1
0> Z
:9
qr)>—m
zm
0 -4
Z
x C�l -4
Cc
rn
>ox' 0
M DD
JT
j Ix Z
C:Mrr >
m C:)
>
r,
0 x W 3
-ra > r- ITI
mm> 0
:M--0
r"N
=m0
C
-J M q o
Z� n-
Z m >
0
0W
C m
r- rn
-4 C) >,
Mr-
C, m m >
0-<C -im
m
m 0 0
mo
C:
Do-;x OT
.gym
M>xo
<-Z 0
cx
ITT m X
cn M
0
zS
mommy
o n
m> m a
'cl c)
m
Om
<
0
0 cm V?
C 0>
I,
.-*Uu Cn
OAn
en
Zj 4
R,
Mm>
m
m
C
m C)Z
0
W>>
AGREEMENT FOR CONSTRUCTION
OF IMPROVEMENTS
(SITE PLAN REVIEW NO. ?S'
* * * * * * * * **
THIS AGREEMENT, made and entered into this yny day of TgAI&4 ,
19 911 by and between .YEwpogr Mg2iNEQS OVA Asaoc , whose business
address is (,�, NEVr CEA)r6,e 'DR.3rs 7 -c _ IEvPoRr "4cii , and if an individual,
whose residence a�ress is
hereinafter referred to as "Subdivider," and the CITY OF NEWPORT BEACH, a municipal ,
corporation, organized and existing under and by virtue of its Charter and the Constitution
and the laws of the State of California, hereinafter referred to as "City ";
WITNESSETH:
WHEREAS, Subdivider proposes to subdivide land within the City of Newport
Beach to be known as ; and
Site Plan Review No.
WHEREAS, Subdivider proposes to construct street and other public improvements
in connection with said subdivision as required by the Newport Beach Municipal Code and
as hereinafter provided, which work and improvements, without limitation by enumeration,
consists of:
The above enumeration of items is understood to be only a general designation of the work
and improvements, and not a binding description thereof; and
WHEREAS, the provisions of Section 19.16.160 of the Newport Beach Municipal
Code provide for an agreement containing certain provisions as hereinafter set out,
NOW, THEREFORE, in consideration of their mutual promises, the parties hereto
agree as follows:
1. Subdivider agrees to complete all improvement work in accordance with
plans and specifications approved by the Public Works Director, including all improvements
required by the Municipal Code which were not specifically waived by the Planning
Commission or City Council in approving the subdivision, plus any additional improvements
required by the Planning Commission or City Council as a condition of approving the sub-
division. The conditions imposed by the Planning Commission or City Council are incor-
porated herein by reference and made a part hereof as though full set forth. Subdivider
agrees to complete said improvements within a period of rL months from the date
hereof, unless such time be extended by the City upon written application of the Sub-
divider. It is understood that by providing security for this agreement, the surety
consents in advance to any extension of time as may be given by the City to the Sub-
divider and waives notices of such extension. The making of an application for an exten-
sion of time by the Subdivider shall, upon the granting of the application by the City,
constitute a waiver by the Subdivider and by the surety of all defenses of lathes,
estoppel, statutes of limitations, and other limitations of action in any action or
proceeding filed by the City within the period of four (4) years immediately following
the date to which the time of performance was extended.
2. Said improvements shall be completed to the satisfaction of the Public Works
Director of City, and Subdivider shall pay the costs of inspection of said work in
accordance with the established schedule of charges for inspection heretofore adopted and
on file in the Director of Public Works' Office.
3. If Subdivider shall fail to complete said improvements within the period set
out above, City may resort to any security deposited by Subdivider in accordance with
Section 19.16.170 of the Newport Beach Municipal Code or call upon the surety for Sub-
divider to pay for said improvements or to supply the money for the completion of said
improvements in accordance with this agreement and the provisions of the Newport Beach
Municipal Code. Subdivider shall also be responsible for said improvements and the cost
thereof.
1 oft
4. It is further understood and agreed that upon default of any obligation
hereunder, and at any time after any such default, the City may make written demand upon
the Subdivider or surety or both to immediately remedy the default or complete the work.
If said remedial activities or completion of work are not commenced within seven (7) days
after such demand is made and are not thereafter diligently prosecuted to completion and
fully completed within thirty (30) days after the making" of such demand (or such other time
as may be contained in said demand), the City may then complete or arrange for completion
of all remaining work or conduct such remedial activity as in the sole judgment of the City
may be required, all at the full expense and obligation of the Subdivider and surety and
all without the necessity of giving any further notice to the Subdivider or surety
before the City performs or arranges for performance of any remaining work or improvements,
and whether or not the Subdivider or surety have constructed any of the required improve-
ments at the time. In the event the City elects to complete or arrange for completion of
remaining work and improvements the Public Works Director, upon such election, may require
all work by the Subdivider or surety to cease in order to permit adequate coordination by
the City for completing any remaining work and improvements not yet completed.
The Subdivider shall provide security in the amount of r.va r,f
dollars (b AS0.00 ) to guarantee the performance of this agreement. In addition, the
Subdivider shall provide security in the amount of SEE rya us o /'4
dollars ($,3,o ro.00 to guarantee payment t any
contractors, subcontractors, and persons furnishing labor, materials and equipment to them
for the performance of the work herein described. Said security shall be in the form of
Cast SuR6 D
corporate surety bon s, cas deposits, etc.
6. The Subdivider promises and agrees to maintain all of the improvements to be
constructed under this contract in a state of good repair, until all of the work and
improvements are completed and accepted by or on behalf of the City and until the security
for the performance of this agreement is released. Said maintenance shall include, but
shall not be limited to, repair of pavement, curbs, gutters, sidewalks, parkways, sewers,
and removal of debris from sewers and storm drains; said maintenance shall also include,
but not be limited to by this enumeration, sweeping, repairing and maintaining in good
and safe condition all streets and street improvements. It shall be the Subdivider's
responsibility to initiate this work, but if he should fail to do so, he shall promptly
perform such maintenance when notified to do so by the Public Works Director of the City.
Upon failure of the Subdivider to properly maintain, the City may do all necessary work
required by this paragraph, the cost thereof being chargeable to the Subdivider and his
surety under this agreement.
7. Subdivider agrees to indemnify and hold harmless City and its officers,
agents and employees from all demands, claims, losses or liability on account of injury
or damage to persons or property suffered or claimed to be suffered in, on or around the
subdivision by.any person as a result of any act or omission by Subdivider or his agents
or employees between the date Subdivider begins work on the subdivision and the date the
improvements are completed and accepted by City.
8. If the Subdivider and the surety fail to install all or any part of the
improvements required by this agreement within the time set forth herein, or fail to
comply with any other obligation contained herein, they shall be jointly and severally
liable to the City for any administrative expenses and attorney's fees incured in obtain-
ing compliance with this agreement and any such expenses and fees incurred in processing
any action for damages or for any other remedies permitted by law.
IN WITNESS WHEREOF, Subdivider has executed this agreement and the City of
Newport Beach has caused its corporate name and seal to be affixed by its Mayor and City
Clerk thereunto duly authorized as of the day and year first above written.
Approved as to Sufficiency:
Ti ty ana er-
Appr d as to rm:
City tto ney
CL -ACI 11/78
CITY OF NEWPORT BEACH
CITY
By 4Le2 -
M, A-1,4414C E.f
Owwnwrr„s.�r�r-
2of2
SUBDIVIDER
0 40
CITY OF NEWPORT BEACH
SUBDIVISION LABOR AND MATERIALS BOND
Bond No. 1000955
Premium included in
Performance Bond
WHEREAS, the City Council of the City of Newport Beach, County of Orange, State
of California, and PlA24 4dsoc. , hereinafter designated as
"Principal," are about to or have entered into an agreement pursuant to the State of
California Subdivision Map Act and the Newport Beach Municipal Code whereby Principal
agrees to install and complete certain designated public improvements as required by
the Newport Beach Municipal Code, which said agreement, dated J o. 0,42ti °+ 19 € I ,
and identified as Agreement for Construction of Improvements (Site Plan Re-
view No. 2s ), is hereby referred to and made a part hereof; and
WHEREAS, under the terms of said agreement, Principal is required, before
entering upon the performance of the work, to file a good and sufficient payment bond
with the City of Newport Beach to secure the claims to which reference is made in
Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of
the State of California,
NOW, THEREFORE, said Principal and AMWEST SURETY INSURANCE CO PANY , whose
place of business is 6301 Owensmouth Ave.. #304, Woodland Hi11s rA 91367 a corporation
organized and doing business under and by virtue of the laws of the State of California ,
and duly licensed by the State of California for the purpose of making, guaranteeing, or
becoming sole surety upon bonds or undertakings required or authorized by the laws of
the State of California, as Surety, are held firmly bound unto the City of Newport Beach
and all contractors, subcontractors, laborers, materialmen, and other persons employed
in the performance of the aforesaid agreement and referred to in the aforesaid Code of
Civil Procedure in the sum of TNecr rNeusrnrn F.c 71 Dollars ($ 3,o ro.co ) for
materials furnished or labor thereon of any kind, or for amounts due under the Unemploy-
ment Insurance Act with respect to such work or labor, that said surety will pay the same
in an amount not exceeding the amount hereinbefore set forth, and also if case suit is
brought upon this bond, will pay, in addition to the face amount thereof, costs and
reasonable expenses and fees, including reasonable attorney's fees incurred by City in
successfully enforcing such obligation, to be awarded and fixed by the court, and to be
taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the bene-
fit of any and all persons, companies, and corporations entitled to file claims under
Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as
to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall
become null and void; otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of said agreement or the specifications accompanying
the same shall in any manner affect its obligations on this bond, and it does hereby
waive notice of any such change, extension, alteration or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named on January 9 1981
NEWPORT MARIpNERS PLAZA ASSOCIATES
B �,T
Principal
LiA
Approved as to Sufficiency:
e.!_ W
City Manager
Approved as to Form:
e
Cit Attorney
c CL- R /T -LMB 11/78
ncipa
AMWEST SURETY INSURANCE COMPANY
Surety
Joseph"M. Panarisi
Attorney -in -fact
r
s
y C
�
�
c
� C
Y C
CqT
P
6
L
N
Y
N
v
V
H
e
0
H
D
E
n
c
m
�
M
9
�
`
d
e
tB
C
7
m
m I
E
m
y
ti
m
m
m
m
° s
g
v
o
4
C
E
y
C
�
I
F
O
of
Fy
E
♦ s
Zc m •
♦
♦ J °-z
d d
♦ N V LL U ♦
♦ LL 'J n ♦
♦ � J O U a
♦ a = u LL
♦ V } m 4 Z N
♦LL =�nZN ♦
N
♦ 4 F- d V x .x
♦ p � Z
I x
�
♦ r
o
♦ O0° c
O
♦ Dp o♦
_E
� E �
O
-- d
\\ 6 }
\
)
%
\
,8 =g §/
0 VA
«B\i!
|§&72�
. a.
\ <
1 }/
� � 0� .
to f
fir\
}(�
x
k0 x
�)
�0w
» '
'■2
E °
°0
ƒ \
\k)
% .
.]r
2
§
\ �
� \
� e
e
k
n
n %
�� )
§ \a
�{
2
_ 2
\ a
\
0
a� \
\
)
%
\
,8 =g §/
0 VA
«B\i!
|§&72�
. a.
\ <
1 }/
� � 0� .
Bond No. 1000955
CITY OF NEWPORT BEACH Premium: $61.00
SUBDIVISION FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Newport Beach, County of Orange, State
of California, and iriggm.E s QiA:a �4ss�,gr -sS , hereinafter designated as
"Principal," are about to or have entered into an agreement pursuant to the State of
California Subdivision Map Act and the Newport Beach Municipal Code whereby Principal
agrees to install and complete certain designated public improvements as required by
the Newport Beach Municipal Code, which said agreement, dated J- A-iKAay 9 , 19 8/ ,
and identified as Agreement for Construction of Improvements (Site Plan Review
No. 2 s- ), is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish
a bond for the faithful performance of said agreement,
NOW, THEREFORE, we, the Principal and AMWEST SURETY INSURANCE COMPANY ,
whose place of business is 6301 Owensmouth Ave. 1304 Woodland Hills CA 91367 ,
a corporation organized and doing business under and by virtue of the aws of the State
of California , and duly licensed by the State of California for the purpose
of making, guaranteeing, or becoming sole surety upon bonds or undertakings required or
authorized by the laws of the State of California, as Surety, are held and firmly bound
unto the City of Newport Beach, hereinafter called "City," in the penal sum of
_TJ_4REE I ieuS*110 F, a-r•> Dollars ($ 3,os-o.00 ), lawful money of the
United States, for the payment of Which sum well and truly to be made, we bind ourselves,
our heirs, successors, executors, and administrators, jointly and severally, firmly by
these presents.
The condition of this obligation is that if the above bound Principal, his or its
heirs, executors, administrators, successors, or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants, conditions and provi-
sions in the same agreement and any alteration thereof made as therein provided, on his
or their part, to be kept and performed at the time and in the manner therein specified,
and in all respects according to their true intent and meaning, and shall indemnify and
save harmless City, its officers, agents, and employees, as therein stipulated, then
this obligation shall become null and void; otherwise, it shall be and remain in full
force and effect.
As part of the obligation secured hereby and in addition to the face amount speci-
fied therefor, there shall, be included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by City in successfully enforcing such obligation,
all to be taxed as costs and included in any judgment rendered.
The Surety and Principal further agree that in the event the work and improvements
are not completed with the time allowed by the said agreement or any extention or
extensions thereof as may be granted by the City, the City may, at its option, and in
addition to any other remedies available by law, complete or arrange for completion of
said work and improvements, and all costs and expenses therefor shall become a debt due
and owing said City, as set forth in said agreement.
The Surety hereby stipulates and agrees that no change, extensions of time, altera-
tion or addition to the terms of the agreement or to the work to be performed thereunder
or the specifications accompanying the same shall in anywise affect its obligations on
this bond, and it does hereby waive notice of any such change, extension of time, altera-
tion or addition to the terms of the agreement, or to the work, or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named on 5P,, VaP- C„ 't 19 81
NEWPJ#T MARINERS PLAZA ASSOCIATES
Approved as to Sufficiency:
City Manager
Approved as to Form:
.s
L
Citp Attorney
s.
CL- R /T -FPB 11/78
LOA
K. .i
ncipa
AMST SURETY INSURANCE COWANY
Surety
By
Jos ph M. Panarisi
Attorney-in-fact
,i
d C
Y C
N
3
G
d
Y
d
w
N
N
a v
e
S-
N
O
n
N L
d W
ry
S-
V_
U
N N y
>1
S-
ro
o
z
O
�r
�
@ y
Lys
V
L` d O
�
I y C
N
d
C
rd pp C
Y y
d
Y
� W
♦ ZXz
• wo_ �,
IN u�o ♦ f
� � J o u d ♦
V W
I a J w
lIl
• u r ¢a z m
m ♦
ILL =7 -R L
Io ff =z�W
QOR 0♦
Z N
• E i
N
T
iaa
I,^�^
VJ
4+
id
a
E
a
al
-o
a
3
0
c
d O L
s. r
A ..
ro c u
_a a X
G N
4 N
VQI O i3
� ¢ i
ydi Y
O �
y O
d
O �
~ V C
O1
~ O �
C �
- Y C
A
T
ti g
U
N
O � u
a N cC
C N
P. H
7
O
D
ro
c
3
H
d
V
y
U
m
L_
C
C
ro
a
ro
d
0
0
ro
ro
r
T
E1
w i
O;
d
L.
Q
d
d
3
N
C
SyE
5 Y1
P
u
7
R.
T
+0
z
U
4
Q O N
N
i-�
£
q O O
N
Uo
H
��
O i Y
C
7
in U O
Y
3
7
O
D
ro
c
3
H
d
V
y
U
m
L_
C
C
ro
a
ro
d
0
0
ro
ro
r
T
E1
w i
O;
d
L.
Q
d
d
3
N
C
SyE
5 Y1
P
u
7
R.
T
+0
z
U
4
0 a
RESOLUTION NO. 9972
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A LICENSE AGREEMENT AND
A SUBDIVISION AGREEMENT BETWEEN THE CITY OF
NEWPORT BEACH AND NEWPORT MARINERS PLAZA
ASSOCIATES IN CONNECTION WITH THE PUBLIC
IMPROVEMENTS REQUIRED WITH SITE PLAN REVIEW
NO. 25
WHEREAS, there has been presented to the City Council of
the City of Newport Beach a certain License Agreement between the
City of Newport Beach and Newport Mariners Plaza Associations in
connection with Site Plan Review No. 25; and
WHEREAS, there has been presented to the City Council of
the City of Newport Beach a certain Subdivision Agreement between
the City of Newport Beach and Newport Mariners Plaza Associates
in connection with the public improvements required with Site
Plan Review No. 25; and
WHEREAS, the City Council has reviewed the terms and
conditions of said agreements and finds them to be satisfactory
and that it would be in the best interest of the City to execute
said agreements,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the agreements above described are
approved, and the Mayor and City Clerk are hereby authorized and
directed to execute the same on behalf of the City of Newport
Beach.
I//