Loading...
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//