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Home My WebLink AboutC-2462 - Finley Tract Street ReconstructionFebruary Z], 1989 \ LocnarJ��run6e FES � Ch��v�'an Iq Art Hicko-son V,c*C/`ai/mao City of Newport Beach �I WYc-inoz Public Works Department ., \' Mr. G. P. Duoigau, Jr., Field Engineer P. O. Box 1768 Newport Beach, California 92658-8915 Re: Bid information request on the following contractors: Valley Crest Landscape, Jerry Cross Paving and Harris Construction Dear @z. Duoigau: In response to your letters, dated February 16, 1989, enclosed are three checks, numbers 1158, 1159 and 1160, in the amount of $15.00 dollars each in exchange for bid information on the following projects: Balboa Peninsula Seawall (C-2662) Finley Tract Street Improvements (C-2462) Lincoln School Athletic Facilities (C-2653) Thank you for your cooperation in handling this matter. Should you have any questions, please contact the undersigned at (318) 792 - 1223. _� - �� o '/ / Cou�divatoc RL:mo Enclosure cc: Mr. John Carter, Department of Industrial Relations, OLSO Mr. Boger Fcommor, Attorney at Law via certified mail, return receipt requested ��li\�U� ��6Ol\5 )l AT��Y^��'�l `' ` `~� -V Sn'\]i tit ^oD February Z], 1989 \ LocnarJ��run6e FES � Ch��v�'an Iq Art Hicko-son V,c*C/`ai/mao City of Newport Beach �I WYc-inoz Public Works Department ., \' Mr. G. P. Duoigau, Jr., Field Engineer P. O. Box 1768 Newport Beach, California 92658-8915 Re: Bid information request on the following contractors: Valley Crest Landscape, Jerry Cross Paving and Harris Construction Dear @z. Duoigau: In response to your letters, dated February 16, 1989, enclosed are three checks, numbers 1158, 1159 and 1160, in the amount of $15.00 dollars each in exchange for bid information on the following projects: Balboa Peninsula Seawall (C-2662) Finley Tract Street Improvements (C-2462) Lincoln School Athletic Facilities (C-2653) Thank you for your cooperation in handling this matter. Should you have any questions, please contact the undersigned at (318) 792 - 1223. _� - �� o '/ / Cou�divatoc RL:mo Enclosure cc: Mr. John Carter, Department of Industrial Relations, OLSO Mr. Boger Fcommor, Attorney at Law via certified mail, return receipt requested CEMENT MASONS SOUTHERN CALIFORNIA NEGOTIATING COMMITTEE 1160 WORK PRESERVATION TRUST - PETTY CASH FUND 42 E. WALNUT, STE. 104 PASADENA, CA 91103 818-792-1223 301 S. LA CADENA DR. 714-825-2140 COLTON. CA 92324 February 20, 16-4 PAY 1220 TO THE ORDER OF CIty of Newport Beach $ 15,00 Fifteen dollars & .00/100 ------------ -- ------------- SECURITY PACIFIC NATIONAL RANK ES7 DOLLARS CORD, Otfc. #0309 315 N. _3 Cad,n, Ave. Cotton, CA 92324 Bid information On the Finley Tract Street — Improvements project fig D 0 1 1 P30 ill 1: 6 2 20000 t, 31 :309"10 2 2590 +1' CEMENT MASONS SOUTHERN CALIFORNIA NEGOTIATING COMMITTEE 1159 WORK PRESERVATION TRUST - PETTY CASH FUND 42 E. WALNUT, STE. 104 PASADENA, CA 91103 818-792-1223 301 S. LA CADENA DR. 714-825-2140 16-4 COLTON, CA 92324 February 20, 89 1220 -Ity JTHE City of Newport Beach ORDER OF-- —1 $ 15.00 Fifteen dollars & .00/100 cents ------------------------ DOLLARS SECURITY PACIFIC NATIONAL BANK Cotton Office 00309 315 N La Cadena Ave. Colton, CA 92324 information on the Balboa Peninsula Sewwall ect ':1220DDOL.31:309...0 2 2590t" CEMENT MASONS SOUTHERN CALIFORNIA NEGOTIATING COMMITTEE 1158 WORK PRESERVATION TRUST - PETTY CASH FUND 42 E- WALNUT, STE. 104 PASADENA, CA 91103 818- 792-1223 301 S. LA CADENA DR. 714-825-2140 16-4 PAY COLTON, CA 92324 Febru. a r y 2y, 19.. _9 1220 TO THE ORDER OF__CitY Of Newport Beach - - . ( $ Fifteen dollars & .00/100 cents ----------- . ....... --DOLLARS SECURITY PACIFIC NATIONAL BANK Colton Office #0309 315 N. L. C.den. Ave. Cotton, CA 92324 Sid information on the Lincoln School Athletic acilitieS project 11"001158ll" 1:12200001,31:309111022E,9010 TO: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 Newport Boulevard P.O. Box 1768 Newport Beach, Ca 92658 -8915 February 28, 1989 Jerry Cross Paving 777 West 19th Street, Suite H Costa Mesa, CA 92627 -- SUBJECT:,...,. TRACT STREET CONSTRU TION CONTRAC 1234 ........... We are transmitting the following: No. Copies Description 3 Progress Payment Request No.l REMARKS: Please sign and return two copies; the third may be retained for your files. BY: -- - - -- ----------------- G.P. Dunigan, Jr. Field Engineer - - -- ---v_-c -- -z l� O Contractor Field Engin_er CITY OF NEWPORT BEACH CONTRACT TY44, FINLEY TRACT STREET CONSTRUCTION Payment No. 1 BUDGET: See Below February 28, 1989 Oria.$ 446,974.00 Extras $ Total $ 446,974.00 Item Description Est Amt Units Bid Price Amt. Comp. Pont. Earned 1 Mobilization 1 L.S. $24,000 0.50 $12,000.00 2 Clear & Grub 1 L.S. 15775.00 0.20 3155,00 3 "A" Curb & Gutter 700 L.F. 15.30 0.00 4 "C" Curb & Gutter 200 L.F. 14.60 u.00 5 F'.C.C. Sidewalk 4000 S.F. .90 0.00 6 Str_et Pavement 5;:00 S.F. 2.45 0.00 7 P.C.C. Driveway 2500 S.F. 4,20 0.00 8 P.C.C. Cross Gutter 3100 S.F. 5.00 0.00 9 F.C.C. Alley Appr, 13200 S.F, 3.60 5380.00 19368.00 10 "B" Curb 90 L.F. 14.00 0.00 11 Repl. Curb & Gutter 4800 L.F. 15.25 0.00 12 Repl. Sidewalk 7000 S,F. 2.90 0.00 13 Repl. St. Paving 48000 S.F. 2.45 0.00 14 Abandon Drain 1 EA. 275.00 0.00 15 P.C,C. Curb Inlet 3 EA. 3850.00 0.00 16 15" Storm Drain 139 L,F. 76,00 0.00 17 S.D. Conn. Assy. 2 EA. 1700.00 0.00 18 Adj. Fire Hydrant 2 EA. 350.00 0.00 19 Adj. Valve Box, etc. 25 EA. 110.00 2 220.00 20 Adj. Manhole F & C 10 EA. 275.00 0.00 21 Adj. Meter Box 60 EA. 55.00 16 880.00 22 Rel, Water Service 1 EA. 850.00 0.00 23 Raised Pavenent Mkr. 12 EA. 20.00 0.00 24 Mod, Tidal Structure 1 L.S. 3300.00 0.00 25 6'' Water Main 250 L.F. 63.00 0.00 26 6" Butterfly Valve 2 EA. 1660.00 0.00 27 Temp. By -pass 1 L.S. 8400.00 0.00 28 Pressure Test 1 L.S. 1000.00 0.00 29 Curb Access Ramp 30 EA. 500.00 0.00 -------- - - $35,623.00 - - -- Budget No.: 02 -3397 -403: $31,060.7q %�._. 50 -9288 -001: 1,000.O0 Y Send payment to: Amount Earned $35,623.00 Jerry Cross Paving Retention 3,562.30 777 West 19th Street, Suite H Previous Pymt. Costa Mesa, CA 92627 AMOUNT DUE $32,060.70 - - -- ---v_-c -- -z l� O Contractor Field Engin_er 90- ! 902.4 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY CLERK CITY OF NEWP RWJB CH 3300 NEWPORT BOULEVARDaDD� P.O. BOX 1768 NEWPORT BEACH, CA 92659-1768 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTy, CALIFORNIA 2:30 P`M' APR 111990 --------------------------- Space Above This Line For Recorder's Use Only AGREEMENT FOR NON-STANDARD IMPROVEMENTS THIS AGREEMENT, made and entered into this y of ;. APR 24 1990 CITY CLERK CITOF NEWPORT y and between Pr I c, whose mailing addre s is California,ort Beach, 92663, hereinaf er-referred to _ "OWNER"pand 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"; W I T N E S S E T H WHEREAS, OWNER desires to retain certain existing improvements (hereinafter "nonstandard improvements") within the public right- of-way adjacent to OWNER's property, Lot 49 , Block of Canal Section as shown in Book 4Page 98, of Miscellaneous- , Maps and Records of Prange �punty, California, with street address known as 35 fi�►E!C'>{" Newt�p- t3E�iC1 and WHEREAS, said non-standard improvements may interfere with CITY'S ability to construct, operate, maintain, and replace CITY facilities within the public right-of-way; and WHEREAS, said improvements may interfere with the general public's ability to freely use the public right-of-way for its intended use; and WHEREAS, CITY desires to condition approval of said non- standard improvements to remain; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to permit said non-standard improvements to remain within the public right-of-way; and NOW, THEREFORE, in consideration of their mutual interests, the parties hereto agree as follows: 1 t1 a f 1. It is mutually agreed that the non-standard improvements and appurtenances within the public right-of-way adjacent to OWNER's property are defined in Exhibit A which is attached hereto and incorporated herein by this reference. 2. OWNER shall maintain the non-standard improvements in accordance with general prevailing standards of maintenance and in conformance with plans and specifications to be approved by City Building and Public Works Department and shall pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require OWNER to maintain, replace or repair any CITY -owned pipeline, conduit or cable located in or under the non- standard improvements. 3. CITY and OWNER agree that the non-standard improvements shall be removed from the public right-of-way if either of the following occur: a. The City Council determines that it is in the best interests of the public to have the non-standard improvements removed from the public right-of-way; or b. The CITY is required to enter into the Public right- of-way owned by CITY to exercise its primary rights associated with the public right-of-way, including, but not limited to the maintenance, removal, repair, renewal, replacement or enlargement of the existing or future facilities. 4. The following is the procedure to be followed if removal of the non-standard improvements is required: (i) CITY shall notify OWNER of its intention to accomplish such work, if an emergency situation does not exist. (ii) OWNER shall be responsible for arranging for any renewal or restoration of the non-standard improvements affected by such work by CITY; (iii) CITY agrees to bear the portion of the costs solely allocated to any removal of the non-standard improvements. (iv) OWNER agrees to pay all costs for renewal, restoration or replacement of the non-standard improvements. 5. OWNER shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to the construction, use, maintenance, repair or renewal of the non-standard improvements and use of the public right-of-way for non-standard improvements. 2 6. OWNER agrees 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 land whether fee or otherwise, and shall be recorded int he Office of the County of Recorder of Orange County, California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH, a municipal corporation APPROVED AS TO FORM: By: Mayor .CITY ATTORNEY OWNER: ATTEST: City Clerk I STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On �� (j jqqb, before me, the undersigned, a Not Publi i1 for the tate, personally appeared zd known to me to b the Mayor of the Cit of Newp rt B a h and known to me to be thoirity Clerk of the City of Newport Beach, known to me to be the persons whose names are subscribed to the within instrument entitled Agreement for Non -standard Improvements and acknowledges to me that they executed the same. WITNESS my hand and official seal �__., ___ VAMC iL SHAUNA LYN OYLER NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY Notary Public in an or sai State w Comm. Expires Jan. 16,1993 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On No Vtffikff 1 i9ol, before me, the undersigned, a Notary Publi iqNin and for said State, personally appeared _____ and Known to me ( proved__ to me o__n the basis of satisfactory evidence) to be the person(s) whose name(s) is (are) subscribed to the within instrument entitled Agreement for Non -Standard Improvements and acknowledged that he/she executed the same. WITNESS my hand and official seal. Not �I ruP � nt�t�tciAL �;; CHR!STINE FAUN HT '1!0T,",RY PUBLIC - CALIFCRN!A (I �✓y MY comm. exp, e, JUL 16�9�jt C! EXHIBIT R Ine _p Two (2) each Ficus Benjamian Trees. LocAtion of En —E ncapchmgm�s: The two (2) Ficus Benjamian trees, �(trunk) encroach V and 1.5', respectively, into the 35th Street public right-�of-way.| i [} �1�` ^J l ~ J +/ PDB| TC RIGHT—OF—WAY —J Cl- u� BACK OF CURB —` — ---- --�---_V- ___--- P.C.C. �T --~~� EXISTING .�"�� .^��.°��, ------------------------------ EXISTING ___ _________________EXTSTTNG P.C.C. CURB AND GUTTER 35TU [`7-D[[_T RECORDED IN OFFICIAL RECORDS g0 19®25 . OF ORANGE COUNTY, CALIFORNIA RECORDING REQUESTED BY AND 2,30 WHEN RECORDED RETURN TO: I. -M, APR 111990 CITY CLERK/%° "� ,- 6L� CITY OF NE WP`IR BE CH 3300 NEWPORT BOULEVARD"`�'� Q• RECORDER P.O. BOX 1768 $13.04 f NEWPORT BEACH, CA 92659-1768 C18 -------------------------------------- ----------------------- Space Above This Line For Recorder's Use OnlyCiTy CLERK AGREEMENT FOR NON-STANDARD IMPROVEMENTS COIR 9F EACH EAG4i THIS AGREEMENT, made and entered into this as day of 196 -� by and between whose mailing address is 0 Newport keach, California, 92663, hereinafter referred to as "OWNER" 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"; W I T N E S S E T H WHEREAS, OWNER desires to retain certain existing improvements (hereinafter "nonstandard improvements") within the public right- of-way adjacent to OWNER's property, Lot_, Block, of Canal Section as shown in Book 41 Page 98, of Miscellaneous Maps and Records of Orange County, California, with street address known as 1*1_)(00_N\_ ; and WHEREAS, said non-standard improvements may interfere with CITY'S ability to construct, operate, maintain, and replace CITY facilities within the public right-of-way; and WHEREAS, said improvements may interfere with the general public's ability to freely use the public right-of-way for its intended use; and WHEREAS, CITY desires to condition approval of said non- standard improvements to remain; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to permit said non-standard improvements to remain within the public right-of-way; and NOW, THEREFORE, in consideration of their mutual interests, the parties hereto agree as follows: 1 1. It is mutually agreed that the non-standard improvements and appurtenances within the public right-of-way adjacent to OWNER's property are defined in Exhibit A which is attached hereto and incorporated herein by this reference. 2. OWNER shall maintain the non-standard improvements in accordance with general prevailing standards of maintenance and in conformance with plans and specifications to be approved by City Building and Public Works Department and shall pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require OWNER to maintain, replace or repair any CITY -owned pipeline, conduit or cable located in or under the non- standard improvements. 3. CITY and OWNER agree that the non-standard improvements shall be removed from the public right-of-way if either of the following occur: a. The City Council determines that it is in the best interests of the public to have the non-standard improvements removed from the public right-of-way; or b. The CITY is required to enter into the Public right- of-way owned by CITY to exercise its primary rights associated with the public right-of-way, including, but not limited to the maintenance, removal, repair, renewal, replacement or enlargement of the existing or future facilities. 4. The following is the procedure to be followed if removal of the non-standard improvements is required: (i) CITY shall notify OWNER of its intention to a-complish such work, if an emergency situation does not exist. (ii) OWNER shall be responsible for arranging for any renewal or restoration of the non-standard improvements affected by such work by CITY; CITY agrees to bear the portion of the costs solely allocated to any removal of the non-standard improvements. (iv) OWNER agrees to pay all costs for renewal, restoration or replacement of the non-standard improvements. 5. OWNER shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to the construction, use, maintenance, repair or renewal of the non-standard improvements and use of the public right-of-way for non-standard improvements. 2 6. OWNER agrees 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 land whether fee or otherwise, and shall be recorded int he Office of the County of Recorder of Orange County, California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH, a municipal corporation APPROVED AS TO FORM: By: Mayor tom, CITY ATTORNEY ATTEST: City Clerk OWNER: 3 STATE OF CALIFORNIA SS. COUNTY OF ORANGE %l On 2,0 , 19�,&, before me, the undersigned, a Not y Public in aha, for the State, personally appeared "�-' }mown to meUz�� ofthe Cit of New or B ach and known to me to be t�ity Clerk of the City of Newport Beach, known to me to be the persons whose names are subscribed to the within instrument entitled Agreement for Non-standard Improvements and acknowledges to me that they executed the same. V*Iu AL fficial seal. SNAl1NA lYN QYIER NOTARY PUBLIC • CALIFORNIA ORANGE COUNTY OWCOMm. WiresJan.16,1993 Notary Public in and r said tate STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On September 22 , 1989, before me, the undersigned, a Notary Public in and for said State, personally appeared Mar Ann Faubert and ----------------- known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is (are) subscribed to the within instrument entitled Agreement for Non -Standard Improvements and acknowledged that he/sh executed the same. W?-TNESS my hand and official sea . a OFFICIAL SEAL / NICOLA M COX 1==?jNOTARY PUBLIC -CALIFORNIA Notary Public in and for sa'd State ORANGE COUNTY COMMI EXP, MAR. 13,1990 4 PqsqLtption of nonstandard improvements within the Public right—of—way: Brownish colored loose interlocking paving stone driveway and sidewalk over sandy base (compacted granite and dry Portland cement mixture). Lo—cat : Brownish colored loose interlocking paving stone driveway and sidewalk encroach 4.5' into public right—of—way joining existing P.C.C. curb and gutter. The limits of the encroachinginterlocking paving stone driveway and sidewalk is from the Wly bulkhead to the E'ly projected lot line of said property. Ld Ld —J M 0 —J 0 3GO7 C) I n/ PUBLIC RIGHT—OF—WAY 1.LZZ.Lr! '1»'t,1'1,.�Z �1"1,1'�;+,1i,.X11,.�'L't1'i1�.1�"l�j,1,LZ„�,�Z,�Z-��'1 BACK OF CURB — — — — — — — — — — — — — — — — — — — — — — — — — INTERLOCKING STONE DRIVEWAY RND SID — EXISTING P.C.C. CURB AND GUTTER FINLEY AVENUE 90-190Y f qr2, (e, RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY CLERK'' CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD $13°00 P.O. BOX 1768 �°i1 � NEWPORT BEACH, CA 92659-1768 ---------------------------------------- RECORDED IN OFRCIAL RECORDS OF ORANGE COUNTY, CAMRNtA 2:30 P.M. APR 111990 RECEIVED Space Above This Line For Recorder's Use Only API L4 19g0 CITY CLERK Clyle OF AGREEMENT FOR NON-STANDARD IMPROVEMENTS NEWPORTBEACH HI,S Ac�REEMENT, made and entered into this 1p2� " day o ®TP/!?�el_ , 19 b and between � y ✓�Ler� whose mailing address is �z_�r2 Newport Beach, California, 92663, hereinafter referred to as "OWNER" 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"; W I T N E S S E T H WHEREAS, OWNER desires to retain certain existing improvements (hereinafter "nonstandard improvements") within the public right- of-way adjacent to OWNER's property, Lot _4 , Block 6.�& , of Canal Section as shown in Book 4, Page 98, of Miscellaneous Maps and Records of Orange�punty, California, with street address known as epoz 1__$6°°,fi $7Ft"° ryF`, %1leWI ?er-1- Peach ; and WHEREAS, said non-standard improvements may interfere with CITY'S ability to construct, operate, maintain, and replace CITY facilities within the public right-of-way; and WHEREAS, said improvements may interfere with the general public's ability to freely use the public right-of-way for its intended use; and WHEREAS, CITY desires to condition approval of said non- standard improvements to remain; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to permit said non-standard improvements to remain within the public right-of-way; and NOW, THEREFORE, in consideration of their mutual interests, the parties hereto agree as follows: 01 1. It is mutually agreed that the non-standard improvements and appurtenances within the public right-of-way adjacent to OWNER's property are defined in Exhibit A which is attached hereto and incorporated herein by this reference. 2. OWNER shall maintain the non-standard improvements in accordance with general prevailing standards of maintenance and in conformance with plans and specifications to be approved by City Building and Public Works Department and shall pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require OWNER to maintain, replace or repair any CITY -owned pipeline, conduit or cable located in or under the non- standard improvements. 3. CITY and OWNER agree that the non-standard improvements shall be removed from the public right-of-way if either of the following occur: a. The City Council determines that it is in the best interests of the public to have the non-standard improvements removed from the public right-of-way; or b. The CITY is required to enter into the Public right- of-way owned by CITY to exercise its primary rights associated with the public right-of-way, including, but not limited to the maintenance, removal, repair, renewal, replacement or enlargement of the existing or future facilities. 4. The following is the procedure to be followed if removal of the non-standard improvements is required: (i) CITY shall notify OWNER of its intention to accomplish such work, if an emergency situation does not exist. OWNER shall be responsible for arranging for any renewal or restoration of the non-standard improvements affected by such work by CITY; (iii) CITY agrees to bear the portion of the costs solely allocated to any removal of the non-standard improvements. (iv) OWNER agrees to pay all costs for renewal, restoration or replacement of the non-standard improvements. 5. OWNER shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to the construction, use, maintenance, repair or renewal of the non-standard improvements and use of the public right-of-way for non-standard improvements. 2 6. OWNER agrees 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 land whether fee or otherwise, and shall be recorded int he Office of the County of Recorder of Orange County, California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, a municipal corporation By: _ P�� Mayor Cly, CITY ATTORNEY OWNER: ATTEST: City Clerk Com. ff-, J� 3 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE } On �� , 19/61 before me, the undersigned, a s i nd for the State, personally appeared iM&=* , known to m ?to.be the Mayor of the City of Ne orB ch and known to me to be t 1ty Clerk of the City of Newport Beach, known to me to be the persons whose names are subscribed to the within instrument entitled Agreement for Non-standard Improvements and acknowledges to me that they executed the same. WITNESS my hand and official seal. —boo l^b OFFICIAL SEAL SHAUNA LYN OYLER NOTARY PUBLIC • CALIFCRh'A ORANGE COUNTY Notary Public �inand for aid S to IFOR My Comm. Expires Jzn. 13, 1I)3y STATE OF CALIFORNIA ) ss. COUNTY OF O NGE ) pCr On l02 , 190 /, before me, the undersigned, a No y Pub &c in and for said State, personally appeared and known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is (are) subscribed to the within instrument entitled Agreement for Non -Standard Improvements and acknowledged that he/she executed the same. WITNESS my hand and official seal. lopOFFICIALSEAL Notary Public in d for id State SHAUNA LYN OYLER NOTARY PUBLIC • CAI.IFORRlA ORANGE COUNTY AAy Cm n. Expires Jan.1 G, I c r,3 "• . OFFICIAL SEAL SHAUNA LYN OYLER NOTARY PUBLIC • CALIFORNIA ORANGE COUNTY cq .F W Comm. Expires Jan. 16. 1993 4 Wos�-daqgreqate P.C.C. driveway and sidewalk with 1-1/2" wood spacers. LQa-tJLRn-2LEnar-QAQhm§-nAa: Exposed aggregate P.C.C. driveway and sidewalk encroach 4.5' into right--of-way d. oining existing P.C.C. curb and gutter. The limits of the exposed encroaching riveway and sidewalk is fromtheN'ly projected lot line tothe S'ly projected lot line of said property. z -J Z -J -J -J 0 _J F- LLJ I— WOOD SPACER a_ J PUBLIC RIGHT-OF-WAY • • •' • • + • e • • • �" ® • ® • • •s.ms�.®.s..' •win..�.Awmm.•.....•......e...-�• • • ,• Ln BACK OF CURB - EXPOSED AGGREGATE -P.-C.-C.- 1YRfVE`W• A -Y -AND -SIDEWALK ---- EXISTING P.C.C. CURB AND GUTTER RECORDED IN OFFICIAL FWCOADS OF ORANGE COUNTY, CAIWORRtJIA RECORDING REQUESTED BY AND 2:30 WHEN RECORDED RETURN TO: P.M. APR 111990 CITY CLERK �� 3,80 CITY OF NEWP RT BE CH C18 3300 NEWPORT BOULEVARD �• 5�'r FI=R..., P.O. BOX 1768 NEWPORT BEACH, CA 92659-1768 r ------------------------------------------------- Space Above This Line For Recorder's Use Only 2� AGREEMENT FOR NON-STANDARD IMPROVEMENTS 8F THIS AGREEMENT, made and entered into this2 Z"�� day*of 19 89, by and between TNp,�,,4s G, TvPrn,Q�v whose mailing address isrt+ S; . _________ Newport Beach, California, 92663, hereinafter referred to as "OWNER" 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"; W I T N E S S E T H WHEREAS, OWNER desires to retain certain existing improvements (hereinafter "nonstandard improvements") within the public right- of-way adjacent to OWNER's property, Lot y&,,W.6, Block 6-3.1, , of Canal Section as shown in Book 41 Page 98, of Miscellaneous Maps and Records of Orange County, California, with street address known as L,0,9 r& .S 7-R T and WHEREAS, said non-standard improvements may interfere with CITY'S ability to construct, operate, maintain, and replace CITY facilities within the public right-of-way; and WHEREAS, said improvements may interfere with the general public's ability to freely use the public right-of-way for its intended use; and WHEREAS, CITY desires to condition approval of said non- standard improvements to remain; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to permit said non-standard improvements to remain within the public right-of-way; and NOW, THEREFORE, in consideration of their mutual interests, the parties hereto agree as follows: 1 1. It is mutually agreed that the non-standard improvements and appurtenances within the public right-of-way adjacent to OWNER's property are defined in Exhibit A which is attached hereto and incorporated herein by this reference. 2. OWNER shall maintain the non-standard improvements in accordance with general prevailing standards of maintenance and in conformance with plans and specifications to be approved by City Building and Public Works Department and shall pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require OWNER to maintain, replace or repair any CITY -owned pipeline, conduit or cable located in or under the non- standard improvements. 3. CITY and OWNER agree that the non-standard improvements shall be removed from the public right-of-way if either of the following occur: a. The City Council determines that it is in the best interests of the public to have the non-standard improvements removed from the public right-of-way; or b. The CITY is required to enter into the Public right- of-way owned by CITY to exercise its primary rights associated with the public right-of-way, including, but not limited to the maintenance, removal, repair, renewal, replacement or enlargement of the existing or future facilities. 4. The following is the procedure to be followed if removal of the non-standard improvements is required: (i) CITY shall notify OWNER of its intention to accomplish such work, if an emergency situation does not exist. (ii) OWNER shall be responsible for arranging for any renewal or restoration of the non-standard improvements affected by such work by CITY; CITY agrees to bear the portion of the costs solely allocated to any removal of the non-standard improvements. (iv) OWNER agrees to pay all costs for renewal, restoration or replacement of the non-standard improvements. 5. OWNER shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to the construction, use, maintenance, repair or renewal of the non-standard improvements and use of the public right-of-way for non-standard improvements. 6. OWNER agrees 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 land whether fee or otherwise, and shall be recorded int he Office of the County of Recorder of Orange County, California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH, a municipal corporation APPROVED AS TO FORM: By:Mayor (CITY ATTORNE OWNER: ATTEST: --z City Clerk 3 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On c>? -U , 19??, before me, the undersigned, a No�M�/7 ic and for the State, personally appeared c.Grc c_e. c- known to to e the Mayor of the City of Ne or B ach and , known to me to be th�ity Clerk of the City of Newport Beach, known to me to be the persons whose names are subscribed to the within instrument entitled Agreement for Non-standard Improvements and acknowledges to me that they executed the same. WITNESS my hand and official seal. OFFIMO SEAL V k SHAUNA LYN OYLER NOTARY PUBLIC - CALIFORNIA r r ORANGE COUNTY Notary Public in a for id State A W Comm. Expires Jan. 16, 1993 STATE OF CALIFORNIA ss. COUNTY OF 9,RANGE ) On 190f, before me, the undersigned, a Notary Pub c in and for said State, personally appeared L� _2 �4 0�rryt, �uJ a n d known to me (or pr ved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is (are) subscribed to the within instrument entitled Agreement for Non -Standard Improvements and acknowledged that he/she executed the same. ` W]-TNESS my nand and official seal. OFFICE E y SHAUNA LYN OYLER ® NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY a Mly Comm, Expires Jan. 16, 1993 Notary Public in Ynd for said State 4 irow"i h colored loose interlocking paving stone driveway and sidewalk over sandy base (compacted granite and dry portland cement mixture). L-Q—WU mon—qf—Eughm-tA: Brownish colored tointerlocking paving stone driveway and sidewalk encroach 4.5 into public right—of—way joining existing P.C.C. curb and gutter. The limits of the encroaching interlocking pavin9 stone driveway and sidewalk is from the N'ly projected lot line to the S ly projected lot line of said property. Ld -J Z CD _J -J Q 0 i L1 -J CL PUBLIC RIGHT-OF-WAY W Z —J _J f4A CD -J 0 _J Ii If Ui U a_ MGM] 9OL2.8 RE RECORDING REQUESTED BY AND OFORAN!? Ct?U41"1',CA�.II�RMBtA WHEN RECORDED RETURN TO: 2.30 CITY CLERK�yg- _r� I.M. APR I 11990 CITY OF NET BE�YCH(��$ 3300 NEWPORT BOULEVARD P.O. BOX 1768 Q •�, NEWPORT BEACH, CA 92659-1768 -QED--------------------------------------------- - Space Above This Line For Recorder's Use Only APR ? i990 elly CLERK _ AGREEMENT FOR NON-STANDARD IMPROVEMENTS BMW + T S AGREEMENT, made and entered into this 2 day,of 19 (, by and between � s� whose mailing a dress is, ,-Lea -- --°,_ Newport Beach, Calif o nia, 9266, hereinafter referred to____ as "OWNER" and the CITY OF NE PORT 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"; W I T N E S S E T H WHEREAS, OWNER desires to retain certain existing improvements (hereinafter "nonstandard improvements") within the publiht- of-way adjacent to OWNER's property, Lot 7 , Block of Canal Section as shown in Book 41 Page 981 of Miscellaneous Maps and Records of Orange County C lifornia, with street address known as �a � 3 — _' &o.��,�� t ?,,' -6 4 and WHEREAS, said non-standard improvements may interfere with CITY'S ability to construct, operate, maintain, and replace CITY facilities within the public right-of-way; and WHEREAS, said improvements may interfere with the general public's ability to freely use the public right-of-way for its intended use; and WHEREAS, CITY desires to condition approval of said non- standard improvements to remain; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to permit said non-standard improvements to remain within the public right-of-way; and NOW, THEREFORE, in consideration of their mutual interests, the parties hereto agree as follows: 1 1. It is mutually agreed that the non-standard improvements and appurtenances within the public right-of-way adjacent to OWNER's property are defined in Exhibit A which is attached hereto and incorporated herein by this reference. 2. OWNER shall maintain the non-standard improvements in accordance with general prevailing standards of maintenance and in conformance with plans and specifications to be approved by City Building and Public Works Department and shall pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require OWNER to maintain, replace or repair any CITY -owned pipeline, conduit or cable located in or under the non- standard improvements. 3. CITY and OWNER agree that the non-standard improvements shall be removed from the public right-of-way if either of the following occur: a. The City Council determines that it is in the best interests of the public to have the non-standard improvements removed from the public right-of-way; or b. The CITY is required to enter into the Public right- of-way owned by CITY to exercise its primary rights associated with the public right-of-way, including, but not limited to the maintenance, removal, repair, renewal, replacement or enlargement of the existing or future facilities. 4. The following is the procedure to be followed if removal of the non-standard improvements is required: (i) CITY shall notify OWNER of its intention to a:complish such work, if an emergency situation does not exist. (ii) OWNER shall be responsible for arranging for any renewal or restoration of the non-standard improvements affected by such work by CITY; CITY agrees to bear the portion of the costs solely allocated to any removal of the non-standard improvements. (iv) OWNER agrees to pay all costs for renewal, restoration or replacement of the non-standard improvements. 5. OWNER shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to the construction, use, maintenance, repair or renewal of the non-standard improvements and use of the public right-of-way for non-standard improvements. 2 6. OWNER agrees 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 land whether fee or otherwise, and shall be recorded int he Office of the County of Recorder of Orange County, California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH, a municipal corporation APPROVED AS TO FORM: By; Mayor (!4; CITY ATTORNEY ATTEST: C i_ ty Clerk,,;�� OWNER: 3 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On � � bry 19 �') before me, the undersigned, a Not Public in ,Ind for the State, personally appeared G�yc.?� G _ known =2AL be the Mayor of the City of New or 'B ch and known 11 to me to be the ity Clerk of the City of Newport Beach, known to me to be the persons whose names are subscribed to the within instrument entitled Agreement for Non-standard Improvements and acknowledges to me that they executed the same. WITNESS m hand and official seal. FFICM SEAL SHAUNA LYN MER NOTARY PUBIfC • CALIFORNIA ORANGE COUNTY Notary Public in fo said State [Myr Comm. Wires Jan. 16,1993 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) F?o On , 19 , before me, the undersigned, a N tary P bl c•in and for said State, personally appeared and known to m (or pro ed to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is (are) subscribed to the within instrument entitled Agreement for Non -Standard Improvements and acknowledged that he/she executed the same. W7"TNESS my hand and official o. OFFICIAL SEAL. GCHRISTINE FAU�GHT �NOTARY PUBLIC - CALIFORNIAa QR'A�Nc'r^i9NiY ;' ICY c ,�m^at epires 4 JUL • � wy, 1, t U., Ptscrip:kion of nonstandard ..imp ovements within the bit c right—of—way: Encroachment #1: Reddish—brown colored loose interlocking brick driveway and sidewalk over sandy base (mixture of compacted granite and dry portland cement). Encroachment #2: Two foot by two foot (2' X 2') dirt planter. Encroachment #1: Reddish—brown colored loose interlocking brick driveway and sidewalk encroach 4.5' into public right—of—way joining existing P.C.C. curb and gutter. The limits of the encroaching interlocking brick driveway and and sidewalk is from the N'ly projected lot line to the S'ly projected lot line of said property. Encroachment #2: Dirt planter is flush with sidewalk, G' behind back of existing P.C.C. curb, and adjacent to N'ly lot line & power pole. kwo Ivi al. I+: 141 Moun7squ 0110,117 04101 1004 "NIMMOM" M IF' iilllll�i� POWER PO EXISTING P.C.C. CURB AND SM .71 M. h M M M I hi: 1 1 3111 . - - - - - - - - - - - - kwo Ivi al. I+: 141 Moun7squ 0110,117 04101 1004 "NIMMOM" M IF' iilllll�i� POWER PO EXISTING P.C.C. CURB AND 9&-190Z29 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY CLERK CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD P.O. BOX 17681S•Cfl NEWPORT BEACH, CA 92659-1768 C18 �J RE t O IIV OFFICIAL ACCO -DS OF ORANGE COUNTY, CAtfFORNfA 2:30 PM. APR 111990 Q. RECM ------------------ apace ADove Irni.s Line For Recorder's Use Only AP� 2� 19ga city P-LERx AGREEMENT FOR NON-STANDARD IMPROVEMENTS CIV OF tiEWPORT �ERCi1 THIS AGREEMENT, made and entered into this 3671- day of Avera 1969, by and between VioLA E M®RRiSON whose mailing address is /,/7 --------------------- Newport Newport Beach , California, 92663, hereinafter referred to as "OWNER" 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"; W I T N E S S E T H WHEREAS, OWNER desires to retain certain existing improvements (hereinafter "nonstandard improvements") within the public right- of-way adjacent to OWNER's property, Lot J9 , Block 4,55 , of Canal Section as shown in Book 4, Page 98, of Miscellaneous Maps and Records of Orange County, California, with streetddress known as 117 Cl ubho u 6d Averlae , NeWPOt-f Y fy ; and WHEREAS, said non-standard improvements may interfere with CITY'S ability to construct, operate, maintain, and replace CITY facilities within the public right-of-way; and WHEREAS, said improvements may interfere with the general public's ability to freely use the public right-of-way for its intended use; and WHEREAS, CITY desires to condition approval of said non- standard improvements to remain; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to permit said non-standard improvements to remain within the public right-of-way; and NOW, THEREFORE, in consideration of their mutual interests, the parties hereto agree as follows: 1 1. It is mutually agreed that the non-standard improvements and appurtenances within the public right-of-way adjacent to OWNER's property are defined in Exhibit A which is attached hereto and incorporated herein by this reference. 2. OWNER shall maintain the non-standard improvements in accordance with general prevailing standards of maintenance and in conformance with plans and specifications to be approved by City Building and Public Works Department and shall pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require OWNER to maintain, replace or repair any CITY -owned pipeline, conduit or cable located in or under the non- standard improvements. 3. CITY and OWNER agree that the non-standard improvements shall be removed from the public right-of-way if either of the following occur: a. The City Council determines that it is in the best interests of the public to have the non-standard improvements removed from the public right-of-way; or b. The CITY is required to enter into the Public right- of-way owned by CITY to exercise its primary rights associated with the public right-of-way, including, but not limited to the maintenance, removal, repair, renewal, replacement or enlargement of the existing or future facilities. 4. The following is the procedure to be followed if removal of the non-standard improvements is required: (i) CITY shall notify OWNER of its intention to accomplish such work, if an emergency situation does not exist. (ii) OWNER shall be responsible for arranging for any renewal or restoration of the non-standard improvements affected by such work by CITY; (iii) CITY agrees to bear the portion of the costs solely allocated to any removal of the non-standard improvements. (iv) OWNER agrees to pay all costs for renewal, restoration or replacement of the non-standard improvements. 5. OWNER shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to the construction, use, maintenance, repair or renewal of the non-standard improvements and use of the public right-of-way for non-standard improvements. 2 6. OWNER agrees 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 land whether fee or otherwise, and shall be recorded int he Office of the County of Recorder of Orange County, California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, a municipal corporation By : Mayor CITY ATTORNEY OWNER: ATTEST: City C l e r k_%« 3 STATE OF CALIFORNIA ss. COUNTY OF ORANGE On? d 19%, before me, the undersigned, a Not Public in� d for the State, personally appeared nown to e o be the Mayor of the Cit of New or ach and , known to me to be tYwity Clerk of the City of Newport Beach, known to me to be the persons whose names are subscribed to the within instrument entitled Agreement for Non-standard Improvements and acknowledges to me that they executed the same. WITNESS my hand and official seal. O7"'VTO IL SEAL SHAUNA LYN OYLER NOTARY PUBLIC • CALIFORNIA ORANGE COUNTY My Comm. Expires Jan. 16.1993 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) Notary Public in ari for id State -�t2 On August 30 , 1989, before me, the undersigned, a Notary Public in and for said State, personally appeared **Viola E. Morrison** and --------------------------- ------------------------— — known to me (or proved—To me on the basis of satisfactory evidence) to be the person(s) whose name(s) is (are) subscribed to the within instrument entitled Agreement for Non -Standard Improvements and acknowledged that he/Ahe executed the same. WITNESS my hand and official se Notar9Pdb/jic in and ro—r sdIdASta 4 OFFICIAL SEAL '• LYNNE E. BRIGGS NOTARY PUBLIC CALIFORNIA �e PRINCIPAL OFFICE IN ORANGE COUNTY espy Commission Exp. Oct. 16, 1990 Notar9Pdb/jic in and ro—r sdIdASta 4 Description of nonstandard improvements within the public right—of—wax: Encroachment #1: Corner of building, 5" high grouted brick planter, and roof overhang. Encroachment #2: Corner of building with decorative grouted brick and roof overhang. Location of Encroachments: Encroachment #1: The corner of building encroaches 0.3' into public rigght—of—way, the brick planter encroaches 0.6' into public right—of—way, and the roof overhang encroaches 2.4' into public right—of—way. The encroachments are located 62' S'ly from the BCR of Clubhouse Avenue. Encroachment #2: The corner of building with grouted brick encroaches 1' into public right—of—way and the roof overhang encroaches 3.1' into public right—of—way. The encroachments are located 74' S'ly from the BCR of Clubhouse Avenue. PUBLIC RIGHT -OF -WRY BLDG. l'1 617 r46 n" v co M CD mBRICK PLANTER BLDG. 62 �- ROOF % V BACK OF CURB--.� OVERHANG , _------------------------- - - - - - - _ --- - - - - -- -------------------- -- ------------------------------ EXISTING P.C.C. CURB AND GUTTER "LUDHOUSE AVENUE 90=190230 RECORDING REQUESTED BY AND RECORDED IN OFFICKRECORDS OF ORANGE COUNTY, CALIFORNIA WHEN RECORDED RETURN TO: 2:30 CITY cLERx. -rL r,M. APR 111990 CITY OF NEWPORT BEACH-F-�x 3300 NEWPORT BOULEVARD P.O. BOX 1768 C18 lel Q. C6141,eVZ RECf1RDER NEWPORT BEACH, CA 92659-1768 -----J r -------------------------------------------------------------- - ED Space Above This Line For Recorder's Use Only RICER APR 24 1990 AGREEMENT FOR NON-STANDARD IMPROVEMENTS C3lr Ct[RK 11", OF �y�9�i�S BEACH THIS AGREEMENT, made and entered into this Z/ -'5r day of V C-uS"i" 19 /, by and between %� e ,e' g°1u,,k- whose mailing address is5 Ydf --,:LT,e E�--------------------------------- Newport Beach, California, 92663, hereinafter referred to as "OWNER" 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"; W I T N E S S E T H WHEREAS, OWNER desires to retain certain existing improvements (hereinafter "nonstandard improvements") within the public right- of-way adjacent to OWNER's property, Lot _?, Block Gv 6 , of Canal Section as shown in Book 4, Page 98, of Miscellaneous Maps and Records of Orange C unty, California, with street address known as 605' 367& 5y`g�'�'jG, /t%uP1C1®�f l3�4C�7 ; and WHEREAS, said non-standard improvements may interfere with CITY'S ability to construct, operate, maintain, and replace CITY facilities within the public right-of-way; and WHEREAS, said improvements may interfere with the general public's ability to freely use the public right-of-way for its intended use; and WHEREAS, CITY desires to condition approval of said non- standard improvements to remain; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to permit said non-standard improvements to remain within the public right-of-way; and NOW, THEREFORE, in consideration of their mutual interests, the parties hereto agree as follows: 1 1. It is mutually agreed that the non-standard improvements and appurtenances within the public right-of-way adjacent to OWNER's property are defined in Exhibit A which is attached hereto and incorporated herein by this reference. 2. OWNER shall maintain the non-standard improvements in accordance with general prevailing standards of maintenance�'�and in conformance with plans and specifications to be approved by City Building and Public Works Department and shall pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require OWNER to maintain, replace or repair any CITY -owned pipeline, conduit or cable located in or under the non- standard improvements. 3. CITY and OWNER agree that the non-standard improvements shall be removed from the public right -of. -way if either of the following occur: a. The City Council determines that it is in the best interests of the public to have the non-standard improvements removed from the public right-of-way; or b. The CITY is required to enter into the Public right- of-way owned by CITY to exercise its primary rights associated with the public right-of-way, including, but not limited to the maintenance, removal, repair, renewal, replacement or enlargement of the existing or future facilities. 4. The following is the procedure to be followed if removal of the non-standard improvements is required: (i) CITY shall notify OWNER of its intention to accomplish such work, if an emergency situation does not exist. (ii) OWNER shall be responsible for arranging for any renewal or restoration of the non-standard improvements affected by such work by CITY; (iii) CITY agrees to bear the portion of the costs solely allocated to any removal of the non-standard improvements. (iv) OWNER agrees to pay all costs for renewal, restoration or replacement of the non-standard improvements. 5. OWNER shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to the construction, use, maintenance, repair or renewal of the non-standard improvements and use of the public right-of-way for non-standard improvements. 2 6. OWNER agrees 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 land whether fee or otherwise, and shall be recorded int he Office of the County of Recorder of Orange County, California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, a municipal corporation Mayor t1� tr— CITY ATTORNEY ATTE$T: City Clerk OWNER: 3 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On 2%JA2d,.CJ 19�?,O, before me, the undersigned, a Noy Public in,a d for the State, personally appeared 'r- „k nown to me to be the Mayor of the Cit of Ne ort B ch and f��_, known to me to be t�ty Clerk of the City of Newport Beach, known to me to be the persons whose names are subscribed to the within instrument entitled Agreement for Non-standard Improvements and acknowledges to me that they executed the same. WITNESS my hand and official seal. FFICIAI. SEAL SHAUNA LYN OYLER RID NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY otary Public in and for s d State My Comm. Expires J --n. 16,1993 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On 190before me, the undersigned, a Nota r Pub is dn.pnd for said State, personally appeared �� m�-�� know ----- '� (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is (are) subscribed to the within instrument entitled Agreement for Non -Standard Improvements and acknowledged that he/she executed the same. WITNESS my hand and official seal. aEK . y i OFFICIAL SEAL. AL�`A)q� DOROTHY L. FALEN Notary Publi in and for said State NOTARY PUBLIC - CALWORNiR ORANCE COLO^1TY +c F019 " Ply Comm. Expires May 25, 1993 4 Description of nonstandard improvements within the public right-of-7WAX: Encroachment #1: Exposed aggregate P.C.C. driveway and sidewalk with 1-1/2" wood spacers. Encroachment #2: 18' wide nonstandard P.C.C. driveway and sidewalk. Encroachment #3: 7' high grouted rock (base) and wood mailbox. Lo _ca I o_n _L -Ql--cLac4pn-�s: Encroachment #1: Exposed aggregate P.C.C. driveway and sidewalk encroach 3' into �ublic right-of-way joining nonstandard P.C.C. driveway and sidewalk. he limits of the encroachinexposed aggre ate P.C.C. drivewy and sidewalk is frm the N'ly projecteg aolot line to t9e S'ly projected lot line of said property, Encroachment #2: Nonstandard P.C.C. driveway and sidewalk encroach 4.5' into public right-of-way Joining exposed aggre ate P.C.C. driveway and sidewalk and existing P.C.C. curb and gutter. 1he limits of the nonstandard P.C.C. driveway and sidewalk is from the N'ly projected lot line to the S'ly projected lot line of said property. Encroachment #3: Mailbox is 2' from back of curb and adjacent to the projected S'ly lot line of said property. CURB WR W W z i -c> 605 0--1 4o f4gN WU C> 17 WOOD SPACER so / PUBLIC RIGHT—OF—WAY W M % -71 7 - ffX PREC ff.IVEW ONSTANDARD P.C.C. DRIVEWAY AND SIDEWALK EXISTING P.C.C. CURB AND GUTTE,.' THIS AGREEMENT, made and entered into th°s� day of, FEL'd.4/z Y , 198 by and between 11&jelo Q. whose mailing address is e Newport Beach, California, 92663, hereinafter referred to as "OWNER" 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"; W I T N E S S E T H WHEREAS, OWNER has allowed to be constructed certain improvements (hereinafter "nonstandard improvements")w thin the public right-of-way adjacent to OWNER's property, Lot , Block 4.3s , of Canal Section as shown in Book 4, Page 98, of Miscellaneous Maps and Records of Or ng�e// Coun , Cal°fornia, with street address known as / U (n � &-7� ; and WHEREAS, said non-standard improvements may interfere with CITY'S ability to construct, operate, maintain, and replace CITY facilities within the public right-of-way; and WHEREAS, said improvements may interfere with the general public's ability to freely use the public right-of-way for its intended use; and WHEREAS, CITY desires to condition approval of said non- standard improvements to remain; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to !L 90==190231 RECORDING REQUESTED BY AND AMC,EC()f!N"�►A OFL'ltlpgP►EA WHEN RECORDED RETURN TO: CITY CLER=K/--",- P•�APS 11990 CITY OFRT B CH _X1508 3300 NEWPORT BOULEVARD P.O. BOX 1768 t2-C4UW4aZRECGW NEWPORT BEACH, CA 92658-8915 Space above this line for Recorder's use only. 24 199Q APR AGREEMENT FOR NON-STANDARD IMPROVEMENTS c13Y CLERK CITY Cf tiEwPoRi BEACt� THIS AGREEMENT, made and entered into th°s� day of, FEL'd.4/z Y , 198 by and between 11&jelo Q. whose mailing address is e Newport Beach, California, 92663, hereinafter referred to as "OWNER" 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"; W I T N E S S E T H WHEREAS, OWNER has allowed to be constructed certain improvements (hereinafter "nonstandard improvements")w thin the public right-of-way adjacent to OWNER's property, Lot , Block 4.3s , of Canal Section as shown in Book 4, Page 98, of Miscellaneous Maps and Records of Or ng�e// Coun , Cal°fornia, with street address known as / U (n � &-7� ; and WHEREAS, said non-standard improvements may interfere with CITY'S ability to construct, operate, maintain, and replace CITY facilities within the public right-of-way; and WHEREAS, said improvements may interfere with the general public's ability to freely use the public right-of-way for its intended use; and WHEREAS, CITY desires to condition approval of said non- standard improvements to remain; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to !L �� t! WNttA*u permit said non -standard improvements to remain within the public right-of-way; and ;A%el T kiR�EFO E', in consideration of their mutual interests, the parties hereto agree as follows: tually agreed that the non-standard improvements and appurtenances within the public right-of-way adjacent to OWNER's property are defined in Exhibit A which is attached hereto and incorporated herein by this reference. 2. OWNER shall maintain the non-standard improvements in accordance with general prevailing standards of maintenance and in conformance with plans and specifications to be approved by City Building and Public Works Department and shall pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require OWNER to maintain, replace or repair any CITY -owned pipeline, conduit or cable located in or under the non- standard improvements. 3. CITY and OWNER agree that the non-standard improvements shall be removed from the public right-of-way if either of the following occur: a. The City Council determines that it is in the best interests of the public to have the non-standard improvements removed from the public right-of-way; or b. The CITY is required to enter into the Public right- of-way owned by CITY to exercise its primary rights associated with the public right-of-way, including, but not limited to the maintenance, removal, repair, renewal, replacement or enlargement of the existing or future facilities. 4. The following is the procedure to be followed if removal of the non-standard improvements is required: (i) CITY shall notify OWNER of its intention to accomplish such work, if an emergency situation does not exist. (ii) OWNER shall be responsible for arranging for any renewal or restoration of the non-standard improvements affected by such work by CITY; (iii) CITY agrees to bear the portion of the costs solely allocated to any removal of the non-standard improvements. (iv) OWNER agrees to pay all costs for renewal, restoration or replacement of the non-standard improvements. 5. OWNER shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and F, against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to the construction, use, maintenance, repair or renewal of the non-standard improvements and use of the public right-of-way for non-standard improvements. 6. OWNER shall furnish CITY with certificate of liability insurance on or before the commencement of the term of this Agreement showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance With minimum coverage as shown below. said insurance shall cover all loss, damage, liability, claims, suits, costs and expenses arising from or in any manner connected to the construction, use, maintenance, repair or renewal of the non- standard improvements, use of said public right-of-way for non- standard improvements and all responsibilities of OWNER under this Agreement. It is agreed that OWNER shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to CITY and licensed to do insurance in the State of California. Minimum Liability Insurance Coverage Comprehensive general coverage that has a minimum liability limit of $500,000. OWNER agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general liability insurance, that OWNER shall look solely to its insurance for recovery. OWNER hereby grants CITY, on behalf of any insurer providing comprehensive general liability insurance to either OWNER or CITY with respect to the services of OWNER herein, a waiver of any right of subrogation which any such insurer of said OWNER may acquire against CITY by virtue of the payment of any loss under such insurance. 7. OWNER agrees 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 land whether fee or otherwise, 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 executed on the day and year first above written. APPROVED AS TO FORM: CW -,CITY ATTORNEY ATTEST: CITY OF NEWPORT BEACH, a municipal corporation a—"- Mayor r OWNER: 4 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) /'9 rev On 07.( I , 1�I before me, the undersi ned A Npta�y Pu c in and flor the State, personally appeared known o me be the Mayor of the -City of Newport Beach and w , known to me to be the City Clerk of the City of N ort Beach, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. WITNESS my hand and official a u '-10OFFICIAL SEAL a -"- 41'� SHAUNA LYN OYLER Notary Public in and for said State ® NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY ,F Comm. Expires Jan. 16,1993 ss. COUNTY OF ORANGEAl ) O , before me, the unders ° gn�e�dO, a Notary Public i and for said S a e, personally appeared to �2- f1 r(f Orkand , known to e (or proved t m on the ba s of sati a ory evidence) to be the person(s) whose name(s) is (are) subscribed to the within instrument and acknowledged that he/she executed the same. WITNESS my hand and official seal. K OFFICIAL SEAL SHAUNA LYN OYLER m NOTARYPUBLIC- CALIFORNIA Notary Public in n for said State ORANGE COUNTY p My Comm. Expires Jan, 16,1993 5 L 471 -- 11 Descrigtion of nonstandard improvements� within the cub ij Encroachment #1: 3' high grouted used brick wall. Encroachment #2: Grouted used brick sidewalk. L2P-W! P—n-Q—fJEnu-q-ashmoD-U: Encroachment 41: Grouted used brick wall encroaches 1.5' into public right-of-way. The limits of the encroaching used brick wall is from the Wly projected lot line to t S'ly projected lot line of said property. Encroachment #2: Grouted used brick sidewalk encroaches 4.5' into public right-of-wa joiningexisting P.C.C. curb and gutter. The limits of the encroacKing grouted usebrick sidewalk is from the S'ly projected lot line to the 'ly projected lot line of said property. UJ M -J BACK OF CURB PUBLIC W RIGHT-OF-WAY -OM .Lk,r% 01JJF-"r1Lr% --'- - - - - - - - - - - - - - - - - - - - - - - - EXISTING P.C.C. CURE AND GUTTER IMMIRMWX1 RECORDING REQUESTED BY AND 902J2 WHEN RECORDED RETURN TO: CITY CLERK CITY OF �RT BEACH 3300 NEWPORT BOULEVARD P.O. BOX 1768 E$15j00 NEWPORT BEACH, CA 92658-8915 gECORDED IN OFFICIAL RECORDS JF ORANGE COUNTY, CALIFORNIA 2:30 P.M. APR 111990 Space above this line for Recorder's use only. AGREEMENT FOR NON-STANDARD IMPROVEMENTS THIS AGREEMENT, made and entered into this 1st day of February , 198-cL, by and between whose mailing address is P.O. Box 1464, Newport Beach, CA 92663 Newport Beach, California, 92663, hereinafter referred to as "OWNER" 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"; W I T N E S S E T H WHEREAS, OWNER has allowed to be constructed certain improvements (hereinafter "nonstandard improvements") within the public right-of-way adjacent to OWNER's property, Lot 2 , Block 535 , of Canal Section as shown in Book 4, Page 98, of Miscellaneous Maps and Records of Orange County, California, with street address known as 50215021-2 36th Street, Newport Beach, CA and WHEREAS, said non-standard improvements may interfere with CITY'S ability to construct, operate, maintain, and replace CITY facilities within the public right-of-way; and WHEREAS, said improvements may interfere with the general public's ability to freely use the public right-of-way for its intended use; and WHEREAS, CITY desires to condition approval of said non- standard improvements to remain; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to 1 permzt,.'OWNER .�to $6rmit said non-standard improvements to remain within the public right-of-way; and „NQW`�, THEFEFORE,.;,, in consideration of their mutual interests, the parties hereto agrree as follows: 1. It is mutually agreed that the non-standard improvements and appurtenances within the public right-of-way adjacent to OWNER's property are defined in Exhibit A which is attached hereto and incorporated herein by this reference. 2. OWNER shall maintain the non-standard improvements in accordance with general prevailing standards of maintenance and in conformance with plans and specifications to be approved by City Building and Public Works Department and shall pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require OWNER to maintain, replace or repair any CITY -owned pipeline, conduit or cable located in or under the non- standard improvements. 3. CITY and OWNER agree that the non-standard improvements shall be removed from the public right-of-way if either of the following occur: a. The City Council determines that it is in the best interests of the public to have the non-standard improvements removed from the public right-of-way; or b. The CITY is required to enter into the Public right- of-way owned by CITY to exercise its primary rights associated with the public right-of-way, including, but not limited to the maintenance, removal, repair, renewal, replacement or enlargement of the existing or future facilities. 4. The following is the procedure to be followed if removal of the non-standard improvements is required: (i) CITY shall notify OWNER of its intention to accomplish such work, if an emergency situation does not exist. (ii) OWNER shall be responsible for arranging for any renewal or restoration of the non-standard improvements affected by such work by CITY; (iii) CITY agrees to bear the portion of the costs solely allocated to any removal of the non-standard improvements. (iv) OWNER agrees to pay all costs for renewal, restoration or replacement of the non-standard improvements. 5. OWNER shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and 2 against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to the construction, use, maintenance, repair or renewal of the non-standard improvements and use of the public right-of-way for non-standard improvements. 6. OWNER shall furnish'CITY with certificate of liability insurance on or before the commencement of the term of this Agreement showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance With minimum coverage as shown below. Said insurance shall cover all loss, damage, liability, claims, suits, costs and expenses arising from or in any manner connected to the construction, use, maintenance, repair or renewal of the non- standard improvements, use of said public right-of-way for non- standard improvements and all responsibilities of OWNER under this Agreement. It is agreed that OWNER shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to CITY and licensed to do insurance in the State of California. Minimum Liability Insurance Coverage Comprehensive general coverage that has a minimum liability limit of $500,000. OWNER agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general liability insurance, that OWNER shall look solely to its insurance for recovery. OWNER hereby grants CITY, on behalf of any insurer providing comprehensive general liability insurance to either OWNER or CITY with respect to the services of OWNER herein, a waiver of any right of subrogation which any such insurer of said OWNER may acquire against CITY by virtue of the payment of any loss under such insurance. 7. OWNER agrees 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 land whether fee or otherwise, and shall 3 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 executed on the day and year first above written. CITY OF NEWPORT BEACH, a municipal corporation APPROVED AS TO FORM: By: s Mayor CITY ATTORNEY OWNER: ATTEST: 'a", &"—"'e� C i ty C l e r 4 STATE OF CALIFORNIA ss. COUNTY OF ORANGE ) X99 b On 1'9S8-, before me, the unders' e a otary P is in and for the State, personally appeared n wn to me b the Mayor of the City of N wport Beach and , known to me to be the City Clerk of the City of Newport Beach, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. OS FFI SSM offisis1 s 1 SHAIlNA lYN OYLER NOTARY PUBLIC • CALIFORNIA otar Public in an for sa ' State ORANGE COUNTY Y r �,F w My Comm. Euires.1 n. 1G, 10,93 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On_, 198j, before me, the undersigned, a Public Notary in and for said State, personally appeared 7� zze and , known to me ( or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is (are) subscribed to the within instrument and acknowledged that he/she executed the same. =ITN S my hand and official seal. =:�=' �IL'f'j Notary Public i nd fo said State 5 ri ■ D scription of nonstandard iAprovcments within the public right—of—way: Encroachment #l: 2.5' high grouted brick wall. Encroachment #2: Grouted brick sidewalk. LLqcf Encro_ a -limen : Encroachment #1: Grouted brick wall encroaches 6' into public right—of—way. The limits of the encroaching brick wall are 3' from the W ly projected lot line to 3'from the S ly projected lot line of said property. Encroachment #2: Grouted brick sidewalk encroaches 2' into public right—of—way. The limits of the encroachingg brick sidewalk is 3' from the W ly projected lot lot line to 3' from the S'ly projected lot line of said property. W z w � w z CD w�a ® ® ra W U PUBLIC RIGHT--OE-WAY --- - - a' BRICK WRLL BRICK WLL7T— 3/ 4'/ . LO • • BRICK SIDEWALK CURB EXISTING P.C.C. SIDEWALK• . EXISTING P.C.C. CURB AND GUTTER 36TH STREET 90-190233 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY CLERK l f CITY OF NEW RT B CH 3300 NEWPORT BOULEVARD $ P.O. BOX 1768 REGORGED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA -2 �o PM APR 11'90 4 Q `6RECORDER NEWPORT BEACH, CA 92658-8915 Space above this line for Recorder's use only. APR 24 1990 AGREEMENT FOR NON-STANDARD IMPROVEMENTS TyCIERK a� t4pne3ftT EACH TRACT THIS AGREEMENT, made and entered into this 13th day of FEBRUARY , 1989 , by and between FREDERICK F. COUCH whose mailing address is 505 36th ST. Newport Beach, California, 92663, hereinafter referred to as "OWNER" 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"; W I T N E S S E T H WHEREAS, OWNER has allowed to be constructed certain improvements (hereinafter "nonstandard improvements") within the public right-of-way adjacent to OWNER's property, Lot _3 , Block 536 , of Canal Section as shown in Book 4, Page 98, of Miscellaneous Maps and Records of Orange County, California, with street address known as 505 36th ST_. NEWPORT BEACH. CA 92663 ; and WHEREAS, said non-standard improvements may interfere with CITY'S ability to construct, operate, maintain, and replace CITY facilities within the public right-of-way; and WHEREAS, said improvements may interfere with the general public's ability to freely use the public right-of-way for its intended use; and WHEREAS, CITY desires to condition approval of said non- standard improvements to remain; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to 1 permit OWNER tojiermit said non-standard improvements to remain with n s?tlfte� pubjliiiright-of-way; and NOW, THEREFORE, in consideration of their mutual interests, the partied hereto agree as follows: 1. It is mutually agreed that the non-standard improvements and appurtenances within the public right-of-way adjacent to OWNER°s property are defined in Exhibit A which is attached hereto and incorporated herein by this reference. 2. OWNER shall maintain the non-standard improvements in accordance with general prevailing standards of maintenance and in conformance with plans and specifications to be approved by City Building and Public Works Department and shall pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require OWNER to maintain, replace or repair any CITY -owned pipeline, conduit or cable located in or under the non- standard improvements. 3. CITY and OWNER agree that the non-standard improvements shall be removed from the public right-of-way if either of the following occur: a. The City Council determines that it is in the best interests of the public to have the non-standard improvements removed from the public right-of-way; or b. The CITY is required to enter into the Public right- of-way owned by CITY to exercise its primary rights associated with the public right-of-way, including, but not limited to the maintenance, removal, repair, renewal, replacement or enlargement of the existing or future facilities. 4. The following is the procedure to be followed if removal of the non-standard improvements is required: (i) CITY shall notify OWNER of its intention to accomplish such work, if an emergency situation does not exist. (ii) OWNER shall be responsible for arranging for any renewal or restoration of the non-standard improvements affected by such work by CITY; (iii) CITY agrees to bear the portion of the costs solely allocated to any removal of the non-standard improvements. (iv) OWNER agrees to pay all costs for renewal, restoration or replacement of the non-standard improvements. 5. OWNER shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and E against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to the construction, use, maintenance, repair or renewal of the non-standard improvements and use of the public right-of-way for non-standard improvements. 6. OWNER shall furnish CITY with certificate of liability insurance on or before the commencement of the term of this Agreement showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance With minimum coverage as shown below. Said insurance shall cover all loss, damage, liability, claims, suits, costs and expenses arising from or in any manner connected to the construction, use, maintenance, repair or renewal of the non- standard improvements, use of said public right-of-way for non- standard improvements and all responsibilities of OWNER under this Agreement. It is agreed that OWNER shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to CITY and licensed to do insurance in the State of California. Minimum Liability Insurance Coverage Comprehensive general coverage that has a minimum liability limit of $500,000. OWNER agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general liability insurance, that OWNER shall look solely to its insurance for recovery. OWNER hereby grants CITY, on behalf of any insurer providing comprehensive general liability insurance to either OWNER or CITY with respect to the services of OWNER herein, a waiver of any right of subrogation which any such insurer of said OWNER may acquire against CITY by virtue of the payment of any loss under such insurance. 7. OWNER agrees 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 land whether fee or otherwise, and shall 3 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 executed on the day and year first above written. APPROVED AS TO FORM: CITY ATTORNEY ATTEST: C i; ty C i e r k(, CITY OF NEWPORT BEACH, a municipal corporation By: Mayor 4 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE Onal-tj. c U , IS6Q., before me, the unders: ed, a otary P 'c in and for the State, personally appeared( wn to me o be the Mayor of the bity of NeVport 0441 Beach and known to me to be the City Clerk of the City of Newport Beach, known to me to be the persons whose names arb subscribed to the within instrument, and acknowledged to me that they executed the same. Fpro% official seal LAL SEAL SNAUNA LYN OYLER IFMI OTARY PUBLIC • CALIFORNIAORANGE COUNTY Notary Public in ari or sa ' State *Comm, Expires Jan. 16,1993 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) 89 On February 13 , 1911, before me, the undersigned, a Notary Public in and for said State, personally appeared Fr ct�,-;ck F. Gough and known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is (are) subscribed to the within instrument and acknowledged that he/she executed the same. WITNESS my hand and official seal. OFFICIAL SEAL JUNE I JOHNSON ary Public and for said State m w NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm. expires MAR 31, 199'2 It 5 Description of nonstandard improvements within the public right—of—way: Grouted brick driveway and grouted brick sidewalk. Grouted brick driveway and grouted brick sidewalk encroach 4.5' into right—of—way ijoining existing P.C.C. cur and gutter. The limits of the encroaching brick riveway and sidewalk is from the Wly projected lot line to the S'ly projected lot line of said property. W :2'- C> UJ 0 EY- a - BACK OF CURB M1 IM 74^ n*rfll 1r ^r- Linv W :z Ld " —J CL LO - - - - - - - - - - - - - - - - - - - - -- - EXISTING P.C.C. CURB AND GUTTER THIS AGREEMENT, made and entered into this 1,3 day of AE; R Ry___, 198 9 , by and between 0A)pj E'. Me /,VrEe whose mailing address is ff A� �16*Y STREET Newport Beach, California, 92663, hereinafter referred to as "OWNER" 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"; W I T N E S S E T H WHEREAS, OWNER has allowed to be constructed certain improvements (hereinafter "nonstandard improvements") within the public right-of-way adjacent to OWNER's property, Lot 2 , Block 4EIt, , of Canal Section as shown in Book 4, Page 98, of Miscellaneous Maps and Records of Orange County, California, with street address known as Z 6 Ed s T. ; and WHEREAS, said non-standard improvements may interfere with CITY'S ability to construct, operate, maintain, and replace CITY facilities within the public right-of-way; and WHEREAS, said improvements may interfere with the general public's ability to freely use the public right-of-way for its intended use; and WHEREAS, CITY desires to condition approval of said non- standard improvements to remain; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to 1 90-� 190234 RECORDED IN OFFICIAL RECORDS RECORDING REQUESTED BY AND OF ORANGE COUNTY CALIFORNIA WHEN RECORDED RETURN TO: CITY CLERX/// � L� -2112 PM1 APR i �9Q CITY OF NEFTP_ RT B CH 15. a�y�e Q�RE�®BOER 3300 NEWPORT BOULEVARD C1 P.O. BOX 1768 NEWPORT BEACH, CA 92658-8915 use only. Space above this line for Recorder's AGREEMENT FOR cily tix NON-STANDARD IMPROVEMENTS�� TRACT THIS AGREEMENT, made and entered into this 1,3 day of AE; R Ry___, 198 9 , by and between 0A)pj E'. Me /,VrEe whose mailing address is ff A� �16*Y STREET Newport Beach, California, 92663, hereinafter referred to as "OWNER" 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"; W I T N E S S E T H WHEREAS, OWNER has allowed to be constructed certain improvements (hereinafter "nonstandard improvements") within the public right-of-way adjacent to OWNER's property, Lot 2 , Block 4EIt, , of Canal Section as shown in Book 4, Page 98, of Miscellaneous Maps and Records of Orange County, California, with street address known as Z 6 Ed s T. ; and WHEREAS, said non-standard improvements may interfere with CITY'S ability to construct, operate, maintain, and replace CITY facilities within the public right-of-way; and WHEREAS, said improvements may interfere with the general public's ability to freely use the public right-of-way for its intended use; and WHEREAS, CITY desires to condition approval of said non- standard improvements to remain; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to 1 permit OWNER to permit said non -standard improvements to remain within the publib right-of-way; and NOW, THEREFORE, in consideration of their mutual interests, the parties hereto agree as follows: 44 1. Tsfixtually agreed that the non -standard improvements and appurtenances within the public right-of-way adjacent to OWNER's property are defined in Exhibit A which is attached hereto and incorporated herein by this reference. 2. OWNER shall maintain the non-standard improvements in accordance with general prevailing standards of maintenance and in conformance with plans and specifications to be approved by City ]Building and Public Works Department and shall pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require OWNER to maintain, replace or repair any CITY -owned pipeline, conduit or cable located in or under the non- standard improvements. 3. CITY and OWNER agree that the non-standard improvements shall be removed from the public right-of-way if either of the following occur: a. The City Council determines that it is in the best interests of the public to have the non-standard improvements removed from the public right-of-way; or b. The CITY is required to enter into the Public right- of-way owned by CITY to exercise its primary rights associated with the public right-of-way, including, but not limited to the maintenance, removal, repair, renewal, replacement or enlargement of the existing or future facilities. 4. The following is the procedure to be followed if removal of the non-standard improvements is required: (i) CITY shall notify OWNER of its intention to accomplish such work, if an emergency situation does not exist. (ii) OWNER shall be responsible for arranging for any renewal or restoration of the non-standard improvements affected by such work by CITY; (iii) CITY agrees to bear the portion of the costs solely allocated to any removal of the non-standard improvements. (iv) OWNER agrees to pay all costs for renewal, restoration or replacement of the non-standard improvements. 5. OWNER shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and 'r; against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to the construction, use, maintenance, repair or renewal of the non-standard improvements and use of the public right-of-way for non-standard improvements. 6. OWNER shall furnish CITY with certificate of liability insurance on or before the commencement of the term of this Agreement showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with minimum coverage as shown below. Said insurance shall coverall loss, damage, liability, claims, suits, costs and expenses arising from or in any manner connected to the construction, use, maintenance, repair or renewal of the non- standard improvements, use of said public right-of-way for non- standard improvements and all responsibilities of OWNER under this Agreement. It is agreed that OWNER shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to CITY and licensed to do insurance in the State of California. Minimum Liability Insurance Coverage Comprehensive general coverage that has a minimum liability limit of $500,000. OWNER agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general liability insurance, that OWNER shall look solely to its insurance for recovery. OWNER hereby grants CITY, on behalf of any insurer providing comprehensive general liability insurance to either OWNER or CITY with respect to the services of OWNER herein, a waiver of any right of subrogation which any such insurer of said OWNER may acquire against CITY by virtue of the payment of any loss under such insurance. 7. OWNER agrees 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 land whether fee or otherwise, and shall 3 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 executed on the day and year first above written. CITY OF NEWPORT BEACH, a municipal corporation APPROVED AS TO FORM: By: Mayor a&4-. CITY ATTORNEY OWNE ATTEST 1� /91271,��7 City Clerk la�� 4 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On aC) 18, before me, the undersi ed a Notary Pubs -3i in and -for the State, personally appeared -' n to me be the Mayor of the ity of Xewport each and j , known to me to be the ( City Clerk of the City of Newport Beach, known to me to be the persons whose names ark subscribed to the within instrument, and acknowledged to me that they executed the same. O I��LS official s SHAUNA LYN OYLER Q " NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY otary Public in an or saSd State 4,,F a My Comm. Wires Jan. 16,1993 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On February 13, 1989 , 1, before me, the undersigned, a Notary Public in and for said State, personally appeared Garl Mcintee and , known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is (are) subscribed to the within instrument and acknowledged that he/she executed the same. WITNESS my hand and official seal. P� OFFICIAL SEAL , tary Public ' n and for said State JUNE I JOHNSON a m NOTARY PUBLIC - CALIFORNIA I' L ` ORANGE COUNTY �a�'" My comm. expires MAR 31, 1992 EXHIBIT R Descr 1otiQn of nonstandard im rovements within the Grouted used brick driveway and grouted used brick sidewalk. LQggLim ofEAcroachmfnt;: Grouted used brick driveway and routed used brick sidewalk encroach 4.5' into right—of—way joining existing M.C. curb and gutter. The limits of the encroaching brick driveway and sidewalk is from the N,ly projected lot line to the S'ly projected lot line of said property. Ld M i -A UJ -J 0 _J -J 0 W 503 Li C> I ry PUBLIC RIGHT -OF -WRY BACK OF CURB - :1. I�1�1-_I-�-�-',-1--,�L=t�-t-.L--t-.(.< -- - --. --- ------------------ BRICK DRIVEWAY AND SIDEWALK EXISTING P.C.C. CURB AND GUTTER 36TH STREET UJ 2: �-i _J UJ C5 M CL Ln BACK OF CURB - :1. I�1�1-_I-�-�-',-1--,�L=t�-t-.L--t-.(.< -- - --. --- ------------------ BRICK DRIVEWAY AND SIDEWALK EXISTING P.C.C. CURB AND GUTTER 36TH STREET s 90-190235. RECORDED IN OFFICIAL RECcPIM OF ORANGE COUNTY CALIFORNIA RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: „ 2,I0 PM AM 11,90 CITY CLERK/ / �F 5 CITY OF NEW RT BACH Q RECORDER 3300 NEWPORT BOULEVARD P.O. BOX 1768 NEWPORT BEACH, CA 92658-8915 Space above this line for Recorder's use only.ED SPR 24 1990 AGREEMENT FOR NON-STANDARD IMPROVEMENTS �gyCLERK t4,,.!T �iEACii %o THIS AGREEMENT, made and entered into this 67' day of FEBRUARY , 198_9 , by and between GEORGE R_ ��DECHER whose mailing address is 3601 .CINLEY AvE',vu_=. Newport Beach, California, 92663, hereinafter referred to as "OWNER" 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"; W I T N E S S E T H WHEREAS, OWNER has allowed to be constructed certain improvements (hereinafter "nonstandard improvements") within the public right-of-way adjacent to OWNER's property, Lot 1 , Block *.36 , of Canal Section as shown in Book 4, Page 98, of Miscellaneous Maps and Records of Orange County, California, with street address known as ,360/ F/N[. "?' AYE - and WHEREAS, said non-standard improvements may interfere with CITY'S ability to construct, operate, maintain, and replace CITY facilities within the public right-of-way; and WHEREAS, said improvements may interfere with the general public's ability to freely use the public right-of-way for its intended use; and WHEREAS, CITY desires to condition approval of said non- standard improvements to remain; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to 1 S a permit OWNER tQ- permit said non-standard improvements to remain within otbpe ,publ�,0_ right-of-way; and NOW, THEREFORE, in consideration of their mutual interests, the ,-,,parties hereto agree as follows: 1. It is mutually agreed that the non-standard improvements and appurtenances within the public right-of-way adjacent to OWNER's property are defined in Exhibit A which is attached hereto and incorporated herein by this reference. 2. OWNER shall maintain the non-standard improvements in accordance with general prevailing standards of maintenance and in conformance with plans and specifications to be approved by City Building and Public Works Department and shall pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require OWNER to maintain, replace or repair any CITY-owned.pipeline, conduit or cable located in or under the non- standard improvements.. 3. CITY and OWNER agree that the non-standard improvements shall be removed from the public right-of-way if either of the following occur: a. The City Council determines that it is in the best interests of the public to have the non-standard improvements removed from the public right-of-way; or b. The CITY is required to enter into the Public right- of-way owned by CITY to exercise its primary rights associated with the public right-of-way, including, but not limited to the maintenance, removal, repair, renewal, replacement or enlargement of the existing or future facilities. 4. The following is the procedure to be followed if removal of the non-standard improvements is required: (i) CITY shall notify OWNER of its intention to accomplish such work, if an emergency situation does not exist. (ii) OWNER shall be responsible for arranging for any renewal or restoration of the non-standard improvements affected by such work by CITY; (iii) CITY agrees to bear the portion of the costs solely allocated to any removal of the non-standard improvements. (iv) OWNER agrees to pay all costs for renewal, restoration or replacement of the non-standard improvements. 5. OWNER shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and E against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to the construction, use, maintenance, repair or renewal of the non-standard improvements and use of the public right-of-way for non-standard improvements. 6. OWNER shall furnish CITY with certificate of liability insurance on or before the commencement of the term of this Agreement showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with minimum coverage as shown below. Said insurance shall cover all loss, damage, liability, claims, suits, costs and expenses arising from or in any manner connected to the construction, use, maintenance, repair or renewal of the non- standard improvements, use of said public right-of-way for non- standard improvements and all responsibilities of OWNER under this Agreement. It is agreed that OWNER shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to CITY and licensed to do insurance in the State of California. Minimum Liability Insurance Coverage Comprehensive general coverage that has a minimum liability limit of $500,000. OWNER agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general liability insurance, that OWNER shall look solely to its insurance for recovery. OWNER hereby grants CITY, on behalf of any insurer providing comprehensive general liability insurance to either OWNER or CITY with respect to the services of OWNER herein, a waiver of any right of subrogation which any such insurer of said OWNER may acquire against CITY by virtue of the payment of any loss under such insurance. 7. OWNER agrees 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 land whether fee or otherwise, and shall 3 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 executed on the day and year first above written. CITY OF NEWPORT BEACH, a municipal corporation a��L= — APPROVED AS TO FORM: By: Mayor Lt°n�,- CITY ATTORNEY OWN ATTEST; C ilk CIe,r,k, 4 STATE OF CALIFORNIA ps-M COUNTY OF ORANGE On -ds; p 19 D , before me, the undersaa Notary ' Be, P is in and for the State, personally appeared, �� nown�t e o be the Mayor of the City ewport Beach and , known to me to be the Cit04j-y Clerk of the City of Newport Beach, known to me to be the persons whose names are subscribed to the within instrument, anq acknowledged to me that they executed the same. s�h official seWi FiJNnos-- Vj� aJItlx3 wusa3 Fyy 3JNVMo anMd AMOM tzcA---) 1VN0VNSNotary Public in an fors id State vs�i�a E66I'9i "uvr s8JiCx3 'wwao M AiNnoo 30NWd0 STATE OF CALIFORNIA ) vlNao31a onendAavtoa s s . HIA0 NAI VNflVNS COUNTY OF ORANGE ) Was IVIaiMO On FEBRUARY 6, , 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared GEORGE A. BLOECHER and , known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is (are) subscribed to the within instrument and acknowledged that he/she executed the same. WITNESS my hand and official seal. FMIAL SFAL �m R M IUC MY COMMON EXP. d31o19-3i Notary Public in and for said Staff 5 Description of nonstandard imorovements within the Public riaht—of—wav: One foot W) wide grouted brick strip. Location of En—crqachmenjLs: Grouted brick strip encroaches 4.5' into public right-of-way joining existing P.C.C. curb and gutter, and is located in the center of driveway. UJ m Ld :m -J LJ C) _J -J F— ' <D Q I I& <D UJ M '4 UJ I -- 3G01 01ti C1 PUBLIC RIGHT—OF—WAY 7 • Ln CURB—,, -- EX. P. C. C. DRIVEWAY AND SIDEWALK ----------------------------- EXISTING P.C.C. CURB AND GUTTER FINLEY AVENUE NEWPORT BEACH, CA 92658-8915 WED Space above this line for Recorder's use only. Ik tA AGREEMENT FOR NON-STANDARD IMPROVEMENTS t4;fi THIS AGREEMENT, made and enter` into th,-s' day of �_,. 198by and between ? whose mailing address is Newport Beach, California, 92663, hereinafter referred to as "OWNER" 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"; W I T N E S S E T H WHEREAS, OWNER has allowed to be constructed certain improvements (hereinafter "nonstandard improvements") within the public right-of-way adjacent to OWNER's property, Lot K , Block of Canal Section as shown in Book 4, Page 98, of Miscellaneous Maps and Records of Or nge.,aCounty, Californias, with street address known as «1�r_�, ;��, P,°;•.; and WHEREAS, said non-standard improvements may interfere with CITY'S ability to construct, operate, maintain, and replace CITY facilities within the public right-of-way; and WHEREAS, said improvements may interfere with the general public's ability to freely use the public right-of-way for its intended use; and WHEREAS, CITY desires to condition approval of said non- standard improvements to remain; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to 1 90-.190236 " � Cd��t3RM1A RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: 2:30 P.M. APR 11 19M CITY CLERK/Zy CITY OF NEWPORT BCH 3300 NEWPORT BOULEVARD C18 P.O. BOX 1768 NEWPORT BEACH, CA 92658-8915 WED Space above this line for Recorder's use only. Ik tA AGREEMENT FOR NON-STANDARD IMPROVEMENTS t4;fi THIS AGREEMENT, made and enter` into th,-s' day of �_,. 198by and between ? whose mailing address is Newport Beach, California, 92663, hereinafter referred to as "OWNER" 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"; W I T N E S S E T H WHEREAS, OWNER has allowed to be constructed certain improvements (hereinafter "nonstandard improvements") within the public right-of-way adjacent to OWNER's property, Lot K , Block of Canal Section as shown in Book 4, Page 98, of Miscellaneous Maps and Records of Or nge.,aCounty, Californias, with street address known as «1�r_�, ;��, P,°;•.; and WHEREAS, said non-standard improvements may interfere with CITY'S ability to construct, operate, maintain, and replace CITY facilities within the public right-of-way; and WHEREAS, said improvements may interfere with the general public's ability to freely use the public right-of-way for its intended use; and WHEREAS, CITY desires to condition approval of said non- standard improvements to remain; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to 1 AY':�rz # permit OWNER permit said non-standard improvements to remain w tth.ef-pub %c right-of-way; and NOW, THEREFORE, in consideration of their mutual interests, the ? rties tieretd-�,agree as follows: ,r 1. It is mutually agreed that the non-standard improvements and appurtenances within the public right-of-way adjacent to OWNER's property are defined in Exhibit --.A, which is attached hereto and incorporated herein by this reference. 2. OWNER shall maintain the non-standard improvements in accordance with general prevailing standards of maintenance and in conformance with plans and specifications to be approved by City Building and Public Works Department and shall pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require OWNER to maintain, replace or repair any CITY -owned pipeline, conduit or cable located in or under the non- standard improvements. 3. CITY and OWNER agree that the non-standard improvements shall be removed from the public right-of-way if either of the following occur: a. The City Council determines that it is in the best interests of the public to have the non-standard improvements removed from the public right-of-way; or b. The CITY is required to enter into the Public right- of-way owned by CITY to exercise its primary rights associated with the public right-of-way, including, but not limited to the maintenance, removal, repair, renewal, replacement or enlargement of the existing or future facilities. 4. The following is the procedure to be followed if removal of the non-standard improvements is required: (i) CITY shall notify OWNER of its intention to accomplish such work, if an emergency situation does not exist. (ii) OWNER shall be responsible for arranging for any renewal or restoration of the non-standard improvements affected by such work by CITY; (iii) CITY agrees to bear the portion of the costs solely allocated to any removal of the non-standard improvements. (iv) OWNER agrees to pay all costs for renewal, restoration or replacement of the non-standard improvements. 5. OWNER shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and 2 against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to the construction, use, maintenance, repair or renewal of the non-standard improvements and use of the public right-of-way for non-standard improvements. 6. OWNER shall furnish CITY with certificate of liability insurance on or before the commencement of the term of this Agreement showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with minimum coverage as shown below. Said insurance shall cover` all loss, damage, liability, claims, suits, costs and expenses arising from or in any manner connected to the construction, use, maintenance, repair or renewal of the non- standard improvements, use of said public right-of-way for non- standard improvements and all responsibilities of OWNER under this Agreement. It is agreed that OWNER shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to CITY and licensed to do insurance in the State of California. Minimum Liability Insurance Coverage Comprehensive general coverage that has a minimum liability limit of $500,000. OWNER agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general liability insurance, that OWNER shall look solely to its insurance for recovery. OWNER hereby grants CITY, on behalf of any insurer providing comprehensive general liability insurance to either OWNER or CITY with respect to the services of OWNER herein, a waiver of any right of subrogation which any such insurer of said OWNER may acquire against CITY by virtue of the payment of any loss under such insurance. 7. OWNER agrees 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 land whether fee or otherwise, and shall 3 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 executed on the day and year first above written. APPROVED AS TO FORM: C`4-�'J 2�� CITY ATTORNEY ' 0 ATTEST; City C e r k C' 4 CITY OF NEWPORT BEACH, a municipal corporation By: PL4,t� Mayor I ,0]fiIL11:4 � STATE OF CALIFORNIA ss. COUNTY OF ORANGE ) On1Y13-&, before me, the undersilped a Notary - P is in and for the State, personally appeared n wn to _t,,�o.jf be the Mayor of the ity of wport Beach and � i-[- j� , known to me to be the Y City Clerk of the City of Newport Beach, known to me to be the persons whose names are subscribed to the within instrument,. and acknowledged to me that they executed the same. official se IA +aSE" / SHAUNA LYN QYLIR 001NOTARY PMUC -CALIFORNIA Notary Public in arff for sx4id State ORANGE COUNTY Nhl Comm. Expires Jan. 16,1993 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE On1988, before me, the undersigned, a Notary Public in and for said State, personally appeared and known to me (or proved to me on the basisofsatisfactory evidence) to be the person ('tea whose names)s',� ( are) subscribed to the within instrument and acknowledged that he/she executed the same. WITNESS my hand and official seal. ay Notary Public in and for said'State J 5 description of nonstandard ,J!n1rovements within the u licright-of-sway: Encroachment #1: 15' high grouted used brick planter. Encroachment #2: Grouted used brick driveway and sidewalk. Encroachment #3: Nonstandard 11' wide P.C.C. driveway ramp. Locat_i on_ of roachmont-v Encroachment #1: Brick planter encroaches 3'-7' into public right—of—way and is adjacent to S'ly projected lot line and power pole. Encroachment #2: Brick driveway and sidewalk encroach 3'-7' into public right—of—way joining nonstandard F.C.C. driveway ramp. The limits of the encroaching brick driveway and sidewalk is from the N'ly projected lot line to the S'ly projected lot line of said property. Encroachment #3: The nonstandard P.C.C. driveway ramp encroaches 9,5' into public right—of—way, Dining existing P.C.C. curb and gutter. The limits of the encroacging nonstandard P.C.C. driveway ramp is from the N'ly projected lot line to the S'ly projected lot line of said property. -J iW-- / __.i W 1 ---�--�--- PUBLIC RIGHT-OF-WAY CL �'`�-- CL 19i a:IT L n m LRS BRICK DRIVEWRY HND SIDEWRLK +n Nr f POWER POLE' BACK OF CURB '- r _. '- NONSTHNDHRD P.C.- C. DRIVEWAY Rte' ` •M _ EXISTING P.C.C. CURB AND GUTTER 3GTH STREET LJ z LJ Z -J -J iW-- / __.i W 1 ---�--�--- PUBLIC RIGHT-OF-WAY CL �'`�-- CL 19i a:IT L n m LRS BRICK DRIVEWRY HND SIDEWRLK +n Nr f POWER POLE' BACK OF CURB '- r _. '- NONSTHNDHRD P.C.- C. DRIVEWAY Rte' ` •M _ EXISTING P.C.C. CURB AND GUTTER 3GTH STREET g�- 9023 © O E � Ti� , ;� � RECORDING;REQUESTED BY AND 2.30 WHEN RECORDED RETURN TO: �•M• APR 111990 CITY CLERK CITY OF N ZT B CH .,p 3300 NEWPORT BOULEVARD c4 Q• �i� RECt) M P.O. BOX 1768 i 0801 NEWPORT BEACH, CA 92658-8915 Space above this line for Recorder's use only. MNPR SPR 24 1990 AGREEMENT FOR NON-STANDARD IMPROVEMENTS 1,.M fit RK THIS AGREEMENT, made and entered into this ZZ__ day of , 198 , by and between 1 0 whose mailing address is Newport Beach, California, 92663, hereinafter referred to as "OWNER" 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"; W I T N E S S E T H WHEREAS, OWNER has allowed to be constructed certain improvements (hereinafter "nonstandard improvements") within the public right-of-way adjacent to OWNER's property, Lot (o , Block of Canal Section as shown in Book 4, Page 98, of Miscellaneous Maps and Records of Orange Coun , California, with street address known as (D11 ?>UtA 5 and WHEREAS, said non-standard improvements may interfere with CITY'S ability to construct, operate, maintain, and replace CITY facilities within the public right-of-way; and WHEREAS, said improvements may interfere with the general public's ability to freely use the public right-of-way for its intended use; and WHEREAS, CITY desires to condition approval of said non- standard improvements to remain; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to 1 r permit OWNER to permit said non-standard improvements to remain within the public right-of-way; and NOW, THEREFORE, in consideration of their mutual interests, the parties hereto.,agree as follows: 1. It is mutually agreed that the non-standard improvements and appurtenances within the public right-of-way adjacent to OWNER's property are defined in Exhibit A which is attached hereto and incorporated herein by this reference. 2. OWNER shall maintain the non-standard improvements in accordance with general prevailing standards of maintenance and in conformance with plans and specifications to be approved by City Building and Public Works Department and shall pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require OWNER to maintain, replace or repair any CITY -owned pipeline, conduit or cable located in or under the non- standard improvements. 3. CITY and OWNER agree that the non-standard improvements shall be removed from the public right-of-way if either of the following occur: a. The City Council determines that it is in the best interests of the public to have the non-standard improvements removed from the public right-of-way; or b. The CITY is required to enter into the Public right- of-way owned by CITY to exercise its primary rights associated with the public right-of-way, including, but not limited to the maintenance, removal, repair, renewal, replacement or enlargement of the existing or future facilities. 4. The following is the procedure to be followed if removal of the non-standard improvements is required: (i) CITY shall notify OWNER of its intention to accomplish such work, if an emergency situation does not exist. (ii) OWNER shall be responsible for arranging for any renewal or restoration of the non-standard improvements affected by such work by CITY; (iii) CITY agrees to bear the portion of the costs solely allocated to any removal of the non-standard improvements. (iv) OWNER agrees to pay all costs for renewal, restoration or replacement of the non-standard improvements. 5. OWNER shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and F, against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to the construction, use, maintenance, repair or renewal of the non-standard improvements and use of the public right-of-way for non-standard improvements. 6. OWNER shall furnish 'CITY with certificate of liability insurance on or before the commencement of the term of this Agreement showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with minimum coverage as shown below. Said insurance shall cover all loss, damage, liability, claims, suits, costs and expenses arising from or in any manner connected to the construction, use, maintenance, repair or renewal of the non- standard improvements, use of said public right-of-way for non- standard improvements and all responsibilities of OWNER under this Agreement. It is agreed that OWNER shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to CITY and licensed to do insurance in the State of California. Minimum Liability Insurance Coverage Comprehensive general coverage that has a minimum liability limit of $500,000. OWNER agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general liability insurance, that OWNER shall look solely to its insurance for recovery. OWNER hereby grants CITY, on behalf of any insurer providing comprehensive general liability insurance to either OWNER or CITY with respect to the services of OWNER herein, a waiver of any right of subrogation which any such insurer of said OWNER may acquire against CITY by virtue of the payment of any loss under such insurance. 7. OWNER agrees 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 land whether fee or otherwise, and shall 3 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 executed on the day and year first above written. APPROVED AS TO FORM: p1- CITY ATTORNEY ATTEST: City Clerk 4 CITY OF NEWPORT BEACH, a municipal corporation OWNER: 4,0 Lvqtsto A STATE OF CALIFORNIA ss. COUNTY OF ORANGE 199f, before me, the unders' ned, a Notary P lic in a d for the State, personally appeared -Gc� own to t be the Mayor of the City of Newport Beach and �- known to me to be the City Clerk of the City of Newport Beach, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. official se OFFICIALOFFICLAL SEAL SHAUNA LYN Offil 140TARYPow -CALIFORNIA Notary Public in an for &iid State ORANGE COUNTY *Comm, Expires Jan. 16.1993 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE On c� * eF� , 8, before me, the undersigned, a N tary Public i- and for said State, personally appeared and known to me ( or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is (are) subscribed to the within instrument and acknowledged that he/she executed the same. OFFICIAL SEAL CAROL PETERSON NOTARY PUBLIC. CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires Oct, 18, 1991 WITNESS my hand and official seal. � Notary Public in and for said State 5 Ma Description of nonstandard improvements —way : ,.Vrpv ments withi,n the pub) Encroachment #1: Reddish—brown colored loose interlocking brick driveway and sidewalk over sandy base (mixture of compacted granite and dry portland cement). Encroachment #2: Three foot by three foot (3' X 3') dirt planter with tree. Lon__qf �.Enq rp Agh-monnU: Encroachment #1: Reddish—brown colored loose interlocking brick driveway and sidewalk encroach 4.5' into public right—of—way joining existing P.C.C. curb and gutter. The limits of the encroaching interlocking brick driveway and and sidewalk is from the idly projected ]at line to the S'ly projected lot line of said property. Encroachment #2: Dirt planter is flush with sidewalk, G" behind back of existing P.C.C. curb, and adjacent to Wly lot line. W LJ W bi F- W UJ Z Z Z _J C> _J C) _J LLJ F- LLJ _J F- U CD CY- PUBLIC RIGHT-OF-WAY Lr) LO BACK OF CURB -- --------------------- INTERLOCKING BRIa< DRIVEWAY MD SIDMLK EXISTING P. C. C. CURB AND GUTTER RECORDING REQUESTED BY AND 90-190238 WHEN RECORDED RETURN TO: CITY CLERK �� CITY OF NEW P RT BaCH ga 3300 NEWPORT BOULEVARD P.O. BOX 1768 NEWPORT BEACH, CA 92658-8915 pE ORDD OICIAL RECOROs LINTY, CALIFOFJWA 2:30 IX APR 111990 Space above this line for Recorder's use only. AGREEMENT FOR NON-STANDARD IMPROVEMENTS Gwci;. %o THIS AGREEMENT, made and entered into this 13th day of February , 1989 , by and between Toby Edwards Trustee whose mailing address is 603 36th Street Newport Beach, California, 92663, hereinafter referred to as "OWNER" 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"; W I T N E S S E T H WHEREAS, OWNER has allowed to be constructed certain improvements (hereinafter "nonstandard improvements") within the public right-of-way adjacent to OWNER's property, Lot 2 , Block 636 , of Canal Section as shown in Book 4, Page 98, of Miscellaneous Maps and Records of Orange County, California, with street address known as 603 36th Street, Newport Beach. CA ; and WHEREAS, said non-standard improvements may interfere with CITY'S ability to construct, operate, maintain, and replace CITY facilities within the public right-of-way; and WHEREAS, said improvements may interfere with the general public's ability to freely use the public right-of-way for its intended use; and WHEREAS, CITY desires to condition approval of said non- standard improvements to remain; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to Ll permit, ,,OWk`t:q to permit said non-standard improvements to remain cathiri?the'`public right-of-way; and NOW, THEREFORE, in consideration of their mutual interests, the parti_es e •to agree as follows: 1. It is mutually agreed that the non-standard improvements and appurtenances within the public right-of-way adjacent to OWNER's property are defined in Exhibit A which is attached hereto and incorporated herein by this reference. 2. OWNER shall maintain the non-standard improvements in accordance with general prevailing standards of maintenance and in conformance with plans and specifications to be approved by City Building and Public Works Department and shall pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require OWNER to maintain, replace or repair any CITY -owned pipeline, conduit or cable located in or under the non- standard improvements. 3. CITY and OWNER agree that the non-standard improvements shall be removed from the public right-of-way if either of the following occur: a. The City Council determines that it is in the best interests of the public to have the non-standard improvements removed from the public right-of-way; or b. The CITY is required to enter into the Public right- of-way owned by CITY to exercise its primary rights associated with the public right-of-way, including, but not limited to the maintenance, removal, repair, renewal, replacement or enlargement of the existing or future facilities. 4. The following is the procedure to be followed if removal of the non-standard improvements is required: (i) CITY shall notify OWNER of its intention to accomplish such work, if an emergency situation does not exist. (ii) OWNER shall be responsible for arranging for any renewal or restoration of the non-standard improvements affected by such work by CITY; (iii) CITY agrees to bear the portion of the costs solely allocated to any removal of the non-standard improvements. (iv) OWNER agrees to pay all costs for renewal, restoration or replacement of the non-standard improvements. 5. OWNER shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and POI against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to the construction, use, maintenance, repair or renewal of the non-standard improvements and use of the public right-of-way for non-standard improvements. 6. OWNER shall furnish CITY with certificate of liability insurance on or before the commencement of the term of this Agreement showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with minimum coverage as shown below. Said insurance shall cover all loss, damage, liability, claims, suits, costs and expenses arising from or in any manner connected to the construction, use, maintenance, repair or renewal of the non- standard improvements, use of said public right-of-way for non- standard improvements and all responsibilities of OWNER under this Agreement. It is agreed that OWNER shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to CITY and licensed to do insurance in the State of California. Minimum Liability Insurance CoveracFe Comprehensive general coverage that has a minimum liability limit of $500,000. OWNER agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general liability insurance, that OWNER shall look solely to its insurance for recovery. OWNER hereby grants CITY, on behalf of any insurer providing comprehensive general liability insurance to either OWNER or CITY with respect to the services of OWNER herein, a waiver of any right of subrogation which any such insurer of said OWNER may acquire against CITY by virtue of the payment of any loss under such insurance. 7. OWNER agrees 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 land whether fee or otherwise, and shall 3 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 executed on the day and year first above written. APPROVED AS TO FORM: 04d -CITY ATTORNEY ATTEST: City C1 erk 4 CITY OF NEWPORT BEACH, a municipal corporation By: Mayor OWNER: til �P L��^:�. "m,,✓r�,,,a�C'�, TOBY EDWARDS TRUSTEE TO THE EDWARDS LAND HOLDING TRUST DATED 6/20/88 STATE OF CALIFORNIA COUNTY OF ORANGE p , 198'9,, before me, the undersig , a Notary Pub in an for the State, personally appeared k-pown to to be the Mayor of the Ci y of N wport Beach and A&-,., ��cc.� , known to me to be the G4j- City Clerk of the City of Newport Beach, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. ,� and OFFICIAL SEAL SNAUNA LYN OYLER NOTARY PUBLIC . CALIFORNIA ORANGE COUNTY My Comm, Exaires Jan. 16,1993 STATE OF CALIFORNIA ) COUNTY OF ORANGE official seal Notary Public in and foV said tate On February_ 13th -- , 1989, before me, the undersigned, a Notary Public in and for said State, personally appeared Toby Edwards Trustee 4ARIX , known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is (are) subscribed to the within instrument and acknowledged that he/she executed the same. P liiti:. n4fi LE P. v ® ' m �. NOTAid't FV Li' ss. a nA N^^E r OU"''T', �.,, ��,ra ` ��FOPNp MY COMMISSION My Comm. EX; ire 5 Jcn. 16, 1` On February_ 13th -- , 1989, before me, the undersigned, a Notary Public in and for said State, personally appeared Toby Edwards Trustee 4ARIX , known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is (are) subscribed to the within instrument and acknowledged that he/she executed the same. WITNESS my hand and official seal. Notary Public in and for saicT State 5 °�r� OFFICIAL SEAL a p DENEEN K. BERRY La o m Notary Public - California �.,, ��,ra ` ��FOPNp MY COMMISSION PRINCIPAL OFFICE IN ORANGE COUNTY EXPIRES APRIL 3, 1990 WITNESS my hand and official seal. Notary Public in and for saicT State 5 EXHIBIT R Description of nonstandard improvements within the public right—of—way: Grouted brick driveway and grouted brick sidewalk. Location of Encroachments: Grouted brick driveway and grouted brick sidewalk encroach 4.5' into public right—of—way joining existing P.C.C. curb and gutter. The limits of the encroaching brick driveway and sidewalk is from the Wly projected lot line to the S'iy projected lot line of said property. W M W �-A UJ -J C> F- 0 -J -J W i bi f4gN _J 4-o G33 C> I 1 C5 PUBLIC RIGHT-OF-WAY BACK OF CURB - - - - - - - - - - - - - - - - - - - - - BRICK DRIVEWAY AND SIDEWALK i- --- EXISTING P.C.C. CURB AND GUTTER f is • November' 13, 1989 CITY COUNCIL AGENDA ITEM NO. D -9 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: REPORT ON COST OF WORK ACCOMPLISHED UNDER CHAPTER 27 OF THE IMPROVEMENT ACT OF 1911 (FINLEY TRACT STREET RECONSTRUCTION, C -2462) RECOMMENDATIONS: 1. Hold public hearing to hear protests. 2. Close public hearing. 3. Revise, correct or modify report, if desired. r1, �NOV 13 1989 z 3 4. Adopt a resolution confirming the assessments; overruling any protests not allowed; assessing the cost against the benefitted properties; and providing that the assessments may be paid per attached payment schedule (Exhibit "A "), approved December 12, 1988 by the City Council. DISCUSSION: On November 14, 1988, the City Council directed City staff to use the pro- cedure of Chapter 27 of the Improvement Act of 1911 to construct P.C.C. improve- ments in Finley Tract. The public hearing recommended above is item 5 of the summary of the Chapter 27 outlined below: 1. If improvements have been completed in front of 50% of the frontage in a block, or if the City Council on its own motion orders the property owner to do so, the superintendent of streets may order the owners of property to construct improvements adjacent to their property. 2. The notice to construct shall specify that the improvements be constructed within 60 days after the date of the notice. The notice also specifies a time and place for a public hearing on the notice to • construct. 3. After the close of the public hearing, if the property owners do not complete the improvements within 60 days after the date of the notice, the City acquires jurisdiction to construct the improvements at the expense of the owner of the property and make the cost a lien on the owner's property. Subject November • Page 2 4. 0 0 REPORT ON COST OF WORK ACCOMPLISHED UNDER CHAPTER 27 OF THE IMPROVEMENT ACT OF 1911 (FINLEY TRACT STREET RECONSTRUCTION, C -2462) 13, 1989 The City constructs the Reconstruction, C -2462. August 14, 1989. improvements under Finley Tract Street The work was accepted by the City Council on 5. Upon completion of the work, the superintendent of street spreads the assessments and notifies the property owners of the time and place for a public hearing on the cost of the improvements (see attachments). 6. After the confirmation of the assessments by the City Council and the close of the public hearing, the property owners have 30 days to pay their assessments. A lien will then be placed on any property for which any portion of the assessments have not been paid by the close of business on December 13, 1989. Attached is a Summary of Individual Assessments with Exhibit "D ". The cost of the assessments was based on the amount of work done adjacent to the property, and the respective bid unit prices ($2.90 /S.F. for P.C.C. sidewalk and $4.20 /S.F, for P.C.C. driveway). A written notice (Exhibit "B") with "NOTICE OF COST" (Exhibit "C ") was sent to each assessed property owner. In addition, a • "NOTICE OF COST" was posted at each assessed lot. Benjamin B. Nolan Public Works Director GW:ljp Attachments CC -11- 13.4 &5 is • • • 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PO. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3311 To Property Owners Receiving "Notice to Construct ": In past assessment projects performed by the City, the City Council has offerr�d a financing option as a method to repay the final assessed cost. For assessment work to be performed in Finley Tract, staff intends to recommend to City Council, at its December 12, 1988 meeting, that the following financing option be offered: � � Final Assessed Cost Less than $1,000 more than $1,000 i 8enja 8, Nolan Public s Direc or LD:dw est Rate Te m 3 Years 5 years 3300 Newport Boulevard, Newport Beach IU Cl • October 10, 1989 TO: 0 SUBJECT: Finley Tract Street Reconstruction (C -2462) \ Dear Property Owner Attached is a "Notice of Cost" which sets a d e fora ublic hearing by the City Council upon the cost of constructiq�f i roveme s adjacent to your property. The public hearing will be held in he ncil hambers on November 13, 1989 at • 7:30 p.m.. Upon the City Council's co irma of ublic Works Director's report, you will be assessed the costs of con ctin PCC improvements adjacent to your property. If such costs are t paid within 30 days after confirmation, they shall constitute a 1 asse ment and lien against your property. In lieu of esh payment tf the costs within 30 days, the City Council has approved th att hed fi ancing option as a method to repay the assessed cost. If you desire o use t e financing option, the terms of payment shall be as follows: 1. Assessment shall be paid per attached rates, the first payment shall be due on November 13, 1990. 2. A lien shall be placed by the City on your property for which any portion of the assessment has not been paid by the close of business on December 13, 1989. If you have questions concerning this project that can be answered prior to the public hearing, please call me at (714) 644 -3311. • Very truly yours, Gilbert Wong Project Engineer GW:ljp Attachments LTRS -10.8 Y • • 0 5 NOTICE OF COST NOTICE ON THE REPORT OF THE PUBLIC WORKS DIRECTOR AND T TIME OF HEARING OBJECTIONS THEREON TO: Walter Herman Schinepp 515 36th Street New \ Newport Beach, 6A 92663 Street Address o Pr er 15 6t eet County Ass or' Par No, 3- 1 -7 Lo n Tr L t 8 8 ortion of Lot 7, B ck 536 Cana1 Sec. As ssmwt: $68 .00 NOTICE IS HEREBY GIVEN NOTICE That the Public Works Director of the City of Newport Beach, California, has filed with the City Council of the City of Newport Beach his report on the cost of constructing Portland cement concrete improvements within Finley Tract in the City of Newport Beach, California. NOTICE IS FURTHER GIVEN HEREBY that the City Council of the City of Newport Beach has set Monday, the 13th of November, 1989, at the hour of 7:30 P.M. as the time, in the Council Chambers located at 3300 Newport Boulevard, Newport Beach, for a public hearing upon the report of the Public Works Director for such construction, for hearing any objections or protests against the cost thereof, or for the levying of an assessment against said property for the purpose of paying the cost thereof. a4l. J Jl.4 Benjamin B. 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N d a ct V V cT -It V .10 ..a. i D N • Z_ W 2 O O m C M M a (-- r 4+ M M Cl) M M M M W l0 Y U rt O. t0 V V V cF O Q M.- CD 00 aa1' 01 Z W \ SH J U U U U U U U SS Z N Y O +D O O J-1 O O O O Z\ �O Or Or 0 Or Or Or Or O �-•ti N U m � J CO J M J m J m J m J m W LL •--I I Ii RESOLUTION NO. 89 -123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ASSESSING THE COST OF CONSTRUCTING IMPROVEMENTS AGAINST CERTAIN REAL PROPERTY FOR P.C.C. IMPROVEMENTS IN FINLEY TRACT, BOUND BY RIALTO CHANNEL, RIVO ALTO AND NEWPORT BOULEVARD; CONTRACT NO. 2462. WHEREAS, on November 14, 1988, the City Council directed the Public Works Director (acting as Superintendent of Streets) to notify the owners of the real property located in the Finley Tract to construct P.C.C. improvements in accor- dance with the procedure set forth in Chapter 27 of the Improvement Act of 1911 of the Streets and Highways Code; and WHEREAS, on the 13th day of November, 1989, the City Council held a hearing for the purpose of passing upon the report of the Superintendent of Streets and to hear any objections or protests by property owners liable to be assessed for such construction, and any other interested persons; NOW, THEREFORE, the City Council of the City of Newport Beach does hereby RESOLVE, DECLARE and ORDER, as follows: SECTION 1. The report filed by the Public Works Department dated November 13, 1989, concerning the work completed on the P.C.C. improvements in Finley Tract, bound by Rialto Channel, Rivo Alto, and Newport Boulevard, is hereby con- firmed, and all protests by persons owning property liable to be assessed for such work are overruled. SECTION 2. The cost of the construction is hereby assessed against the benefitted parcels of property fronting upon the improvements so constructed, which parcels are described by the County Assessor's parcel number, and the amounts of the assessment applicable to each parcel are hereinafter set forth: Assessment Assessor's Quantities Parcel No. in Sq. Ft. 423 -081 -7 SDWK 112 DRWY 86 Cost Assessed (P:X775idewalk $2.90 /S.F.) (P.C.C. Driveway $4.20 /S.F.) $ 686.00 423 -081 -9 SDWK 340 1,401.80 DRWY 99 SDWK 423 - 082 -13 SDWK 156.5 453.85 423 -084 -7 SDWK 495 1,763.10 DRWY 78 135 423 -084 -2 SDWK 135 391.50 423 - 085 -10 SDWK 382.5 1,109.25 423 -085 -8 SDWK 135 391.50 i 423 -085 -7 SDWK 135 391.50 i - 1 of 3 - N aAssessment • Assessor's Quantities Cost Parcel No. in Sq. Ft. Assessed (P.T-77$Tdewalk $2.90 /S.F.) (P.C.C. Driveway $4.20 1S.F.) 423 -085 -6 SDWK 135 391.50 423 -085 -4 SDWK 135 391.50 423 -085 -3 SDWK 35 101.50 423 - 085 -20 MY 96.75 406.35 423 -091 -7 SDWK 135 391.50 423 -091 -6 SDWK 135 391.50 423 -091 -5 SDWK 135 391.50 423 -091 -4 SDWK 135 391.50 423 -091 -3 SDWK 135 391.50 423 -091 -2 SDWK 135 391.50 423 -091 -1 SDWK 593.25 1,720.42 423 -102 -9 SDWK 115 332.55 423 - 102 -10 SDWK 229.35 665.12 423 -101 -6 SDWK 108 313.20 423 -101 -7 SDWK 240 696.00 423 -101 -8 SDWK 202.5 587.25 423 -101 -9 SDWK 135 391.50 423 - 101 -10 SDWK 76.5 221.85 423 - 101 -11 SDWK 135 391.50 423 - 101 -12 SDWK 135 391.50 423 - 101 -13 SDWK 135 391.50 423 - 101 -14 SDWK 186 794.55 DRWY 60.75 423 - 101 -15 SDWK 135 391.50 423 - 101 -16 SDWK 202.5 587.25 423 -083 -6 SDWK 45 130.50 423 -083 -8 SDWK 36 104.40 423 -097 -4 SDWK 112 324.80 423 -097 -3 DRWY 72 302.40 423 -096 -2 DRWY 90 378.00 423 -096 -1 DRWY 72 302.40 TOTAL: $ 19,646.54 SECTION 3. The assessments set forth in Section 2 hereof shall be a lien upon the respective parcel from the time of recordation of a Notice of Lien, - 2 of 3 - E which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record. SECTION 4. The City Council hereby determines (per payment schedule approved December 12, 1988 by the City Council) that the payment of the assessments set forth.in Section 2 may be paid as follows: A. The pay back period for assessments over $1,000 shall be five (5) years. The pay back period for assessments of $1,000 or less shall be three (3) years. B. The rate of interest to be charged for each assessed amount shall be 8% per annum. ADOPTED this 13th day of November, 1989. itwe ' MA YOR 1 11111 . nrvna -rvr rt Cwyf . City Attorney -3 of 3- • TO: CITY COUNCIL FROM: Public Works Department `lctober 9, 1989 - CITY COUNCIL AGENDA ITEM NO. F -13 'l F' iTY :OUNM z�6z OCT 9 1989 APPRO v a .i) SUBJECT: NON- STANDARD DRIVEWAY APPROACH AT 3607 FINLEY AVENUE RECOMMENDATIONS: Approve the execution of an Agreement for Non - standard Improvements. DISCUSSION: Attached is a copy of a letter from Mary Ann Faubert which was referred to Public Works Department for report at this Council meeting. Ms Faubert requests that the City permit her non - standard driveway approach to remain within the public right -of -way. Council Policy L -6, "Private Encroachments in Public Rights -of- Way," permits certain non - standard private encroachments to be built within the public • right -of -way subject to 1) executing an "Agreement for Non - standard Improvements" and 2) obtaining an Encroachment Permit from the Public Works Department. In this particular case, Ms Faubert hired a contractor working nearby to reconstruct her broken concrete driveway approach. The contractor proceeded to construct the non - standard approach absent the required agreement and permit. Public Works inspectors served Ms Faubert with a Correction Notice ( "Red Tag ") on August 17, and on that same date, she applied for an Encroachment Permit. Staff acknowledges that the driveway approach is located over a sandy area which has settled in recent years and which may settle again in future years, probably due to its proximity to a leaky bulkhead. In this driveway's out -of- the -way location, Staff does not anticipate public pedestrian traffic. The Public Works Department proposes to allow the non- standard driveway approach to remain in place since Ms Faubert has now executed an "Agreement for Non - standard Improvements" as requested in the attached letter of September 20, 1989. / Benjamin B. Nolan Public Works Director GW:so Attachment Mayor and' City Council 3300 Newport Boulevard Newport Beach, California 92658 -8915 Honorable Mayor. and City Council.Members: i :would 1ike,toirequest a:date after.October.lst.to appear before. ' you to reques- *_bapproval t.o .retain °my. "non - standard. drive -way improvement" across the public.: right-of - way...'... I have owned.•and.occupied the property at 3607 Finley Avenue' since: .19.73.:- Ihere- has:.beenran eroson /settlement : problem:at - :.the street''end.extending:.across ",our drive -way and into::the•garager . The., drive - way,•, al.though.r.epaired several; times,-,,vas-buckled ands •:; > .. ' rs':- back>point.where the .cty propert y jois;,oucracked, from: thy a n -a' cross .:.the.:xgara'ge.; °faoor.,• Iri`19,82, I paced' $ 3153; to':ha've;'a' °'cement /.., pozzolan- `gr.out,, injected ;linto�; the ;;voids.'undeizathe'drrive =wa '''Th'e.F: *8i•e y`,'.:,i ":;'.city .paid;r'the .same ; cons.truction eompany.: to :Ja' c' '.. the' bulkhead�sti ; the street; end. This, :.,past year "during the < - street' construction ?,.' the: 'city;,again.,in.je.cted grout into the street ;end.: : °_ I' have , % %ihstalle-d,,conc %ete:,paving stones':over a well; compacted i,'' .` base of ::granite and :'dry' gort land. ',cement 'mix,. ' ;vTheys arer•ery 4. k attracfiye .but: more t�,Jmpo'r.tant` allow repairs to.be:doneteaaily and_,.the °:pavers .replaac&d-- to:their original'.'apvearance without;4fhe�'' -,' need, of patching: The 'city' has, requested I pour a'5" concrete slab underneath the::`. pavers. They have allowed my to proceed without i.t;on a temporary basis until both sides can be.presented:to you I hope to produce evidence that the grout under the. drive =way is - a.'suitable sub -base and that the pavers set in a'dry base are the solution to an area with ..a soil stabilization problem. FI Respectfully yours, Mary Ann Faubert OFFICE OF T ! ' COPIES Sr Lff T0: �cilmen aneger Q. \Ita MfY OcIty clerk C! �� , .`A 9 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY CLERKS CITY OF NEWV RT B CH 3300 NEWPORT BOULEVARD P.O. BOX 1768 NEWPORT BEACH, CA 92659 -1768 aECOaoEO � aFFiciA� RECOROz no` 90225 of ORANGE COUNTY, CAUFOAMA P.M. APR 111990 $13.00 cis Space Above This Line For Recorder's Use Only AGREEMENT FOR NON - STANDARD IMPROVEMENTS THIS AGREEMENT, made and entered into this a_ day'of by and between �Q� p�t� � - T whose mailing address is _�j1 P__ Newport each, OF NEWPORT BEACH, a under and by virtue laws of the State "CITY"; APR 24 1990 NfwF'�1R' OEACH areinafter referred to as "OWNER" and the CITY municipal corporation, organized and existing of its Charter and the Constitution and the of California, hereinafter referred to as W I T N E S S E T H WHEREAS, OWNER desires to retain certain existing improvements (hereinafter "nonstandard improvements ") within the public right - of -way adjacent to OWNER's property, Lot \-\ _, Block �(,, of Canal Section as shown in Book 4, Page 98, of Miscellaneous Maps and Records of Orange County, California, with street address known as �(e�`1��1��V A��F_�VE and WHEREAS, said non - standard improvements may interfere with CITY'S ability to construct, operate, maintain, and replace CITY facilities within the public right -of -way; and WHEREAS, said improvements may interfere with the general public's ability to freely use the public right -cf -way for its intended use; and WHEREAS, CITY desires to condition approval of said non- standard improvements to remain; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to permit said non - standard improvements to remain within the public right -of -way; and NOW, THEREFORE, in consideration of their mutual interests, the parties hereto agree as follows: 1 ) 3 A 1. It is mutually agreed that the non - standard improvements and appurtenances within the public right -of -way adjacent to OWNER's property are defined in Exhibit A which is attached hereto and incorporated herein by this reference. 2. OWNER shall maintain the non - standard improvements in accordance with general prevailing standards of maintenance and in conformance with plans and specifications to be approved by City Building and Public Works Department and shall pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require OWNER to maintain, replace or repair any CITY -owned pipeline, conduit or cable located in or under the non- standard improvements. 3. CITY and OWNER agree that the non - standard improvements shall be removed from the public right -of -way if either of the following occur: a. The City Council determines that it is in the best interests of the public to have the non - standard improvements removed from the public right -of -way; or b. The CITY is required to enter into the Public right - of -way owned by CITY to exercise its primary rights associated with the public right -of -way, including, but not limited to the maintenance, removal, repair, renewal, replacement or enlargement of the existing or future facilities. 4. The following is the procedure to be followed if removal of the non- standard improvements is required: , (i) CITY shall notify OWNER of its intention to accomplish such work, if an emergency situation does not exist. (ii) OWNER shall be responsible for arranging for any renewal or restoration of the non - standard improvements affected by such work by CITY; (iii) CITY agrees to bear the portion of the costs solely allocated to any removal of the non - standard improvements. (iv) OWNER agrees to pay all costs for renewal, restoration or replacement of the non - standard improvements. 5. OWNER shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to the construction, use, maintenance, repair or renewal of the non - standard improvements and use of the public right -of -way for non - standard improvements. Pa MR.] 6. OWNER agrees 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 land whether fee or otherwise, and shall be recorded int he Office of the County of Recorder of Orange County, California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH, a municipal corporation APPROVED AS TO FORM: By: Lzu Mayor ATTEST: �2, >� City Clerk OWNER: 3 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On J/ aAAc'&o!6 _ , 19, before me, the undersigned, a Notgay Public in a�j� for the State, personally appeared w.uo J ]mown to me/�q/ be th M��YY��pr of the Cit of New r B ach and �,te '� C��1, known to me to be t ity Clerk of the City of Newport Beach, known to me to be the persons whose names are subscribed to the within instrument entitled Agreement for Non - standard Improvements and acknowledges to me that they executed the same. fficial seal. UkL S AL SNAUNA LYN OYLER NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY 01*1Camm.Wiresl=16.1993 Notary Public in and Vr said tate STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On September 22 , 1989, before me, the undersigned, a Notary Public in and for said State, personally appeared Maw Ann Faubert _ and ----------------- , known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is (are) subscribed to the within instrument entitled Agreement for Non- Standard Improvements and acknowledged that he /shp' executed the same. W "TNESS my hand and official f-'�'•` OFFICIAL SEAL J' NICOLA M COX •r ,'_,. -._y+ NOTARY PUBLIC.CALIFORNIA `'°;� ORANGE COUNTY MY COM. EXP. FIAR. 13,)990 sea Notary Public in and for said State EXHIBIT Description of_nonstandard_Jmprovements within the publ.ic_,r4t =of =way: Brownish colored loose interlocking paving stone driveway and sidewalk over sandy base (compacted granite and dry portland cement mixture). tLcation_of ncroachments: Brownish colored loose interlocking paving stone driveway and sidewalk encroach 4.5' into public right —of —way joining existing P.C.C. curb and gutter. The limits of the encroaching interlocking paving stone driveway and sidewalk is from the W'ly bulkhead to the E'ly projected lot line of said property. w_ H W Z Q Q f"' H .J ' LLJ -J ~ Q LA C U ' ! 3607 O I I X � 0- \� I H 1 X PUBLIC RIGHT -Of -WRY in :' • : 1 1E11sl11�11�11�11�1� ,1 11�11�11�ti�11�11�11„�1�,� 1�1 � 1 �7. 1 �1 1 X111 �1 1 1 1 1 aw 1,111 . - D• EXISTING P.C.C. RND GUTTER FINLEY AVENUE STATE OF CALIFORNIA am of the U�, ed States and a resident of the Coat-)• - :c :e i 1 atn ova- the aye of elghl�'rt = s and nD; a pal or interl in the balaw 7a'1= -', 1 a.T, a p-_M a! C' et" Of L`ee CJ r_- 7a Ccast DAILY PILOT. with which IS c: Dmbinerd the hElIS er of general or,= -r'atial punted and pub.sh_i in the C.rty of Cra a t'� Ccru niy of Orange. Sate of CaMou T?rp— and that m _ Nr%ti= Cd Public Hearing - of wtxC copy arta=hed hereto is a true and complate copy, WFS pru-rted and puhk'Shed :n the C:; to 1Aes? _ Ne' port FuccT:ain Vallery. Irvine, the Socrth Ccast eorur 1MiEi!!S -and La�Ltns _' =ad icvr!!s of said nt_- rao t tor 2 ca:s�ttive weeks to mE Me issuE's) of October 12 _Tgs9 October 15 -19r 9 Zgc t9E_ I9F I declare, under penalty of perjury, that the foreoainc is true and correct Exe=uied on October 15 _,198 9 at Costa Mesa, CatifofT /Tip 9- nature PilOOF OF nu2L lC,, i ll r- f PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold 0 public hearing re. 'garding the cost of work ac. - complished under the procedures of Chapter 27 of the Improvement Act o1 1911 for a portion of Finley Tract Street Reconstruction, Oprop.ct H0.2 NOTICE IS HEREBY FURTHER GIVEN that said Public hearing will be held on the 13th day of November 1989, at the hour of 7:3C P.M., in the City Hall Counci Chambers, located at 33OG Newport Boulevard, New. Pori Beach, California, at which time and placE interested persons may ap. pear and be heard thereon. Wends E. Regglo, City Clerk 'Published Orange Coast Daily Pilot October 12, 15, 1989 ThS82E • C • • TO: CITY COUNCIL FROM: Public Works Department wober 9, 1989 CITY COUNCIL AGENDA ITEM NO. F -10(b) P Fi Y - 0UNCIL ClTv OCT 9 1989 SUBJECT: FINLEY TRACT STREET RECONSTRUCTION - CONTRACT NO. 2462 RECOMMENDATIONS: Schedule a public hearing for 7:30 P.M. on November 13, 1989, to hear and pass upon a report by the Public Works Director on the cost of the construction, together with any objections or protests, concerning P.C.C. improvements in Finley Tract using the procedure of Chapter 27 of the Improvement Act of 1911. DISCUSSION: This project provided for the construction or reconstruction of street, alley, and storm drain improvements throughout Finley Tract, plus incidental water main replacement in Short Street. Additionally, a small portion of the project provided for 1) construction of PCC improvements which are the responsibility of the adjacent property, and 2) reconstruction of adjacent property owner's non - standard improvments. The recommended hearing pertains only to the latter 2 categories of work. On December 12, 1988, after a public hear! directed Staff to use the procedure of Chapter 27 of to construct PCC improvements where none exist. In non - standard improvements existed, the City Manager "Agreements for Non - standard Improvements" with each them to remain. In certain instances where property non - standard improvements to remain, the Chapter 27 reconstruct the improvements to City standards. ng, the City Council the Improvement Act of 1911 the instances where was authorized to execute property owner who desired owners did not desire their procedures were used to The project has been completed and was accepted at the City Council meeting of August 14, 1989. In accordance with the Improvement Act, a second public hearing must be held at which a report of construction costs will be presented, objections and protests may be raised, and the report shall be confirmed as submitted or revised. All property owners who are proposed to be assessed will be notified of the hearing by public notices and by mail. fa+- Benjamin B. Nolan Public Works Director GW:so ( "u) rte! • • is August 14, 1989 CITY COUNCIL AGENDA ITEM NO. F -10(d) Cliff r'CI T0: CITY COUNCIL AUG 14 1989 � J7- � >22.�� 2cLrr�t 'EJ FROM: Public Works Department SUBJECT: FINLEY TRACT STREET RECONSTRUCTION - CONTRACT NO. 2462 RECOMMENDATIONS: Schedule a public hearing for 7:30 P.M. on September 11, 1989, to hear and pass upon a report by the Public Works Director on the cost of the construction, together with any objections or protests, concerning the construction of P.C.C. improvements in Finley Tract using the procedure of Chapter 27 of the Improvement Act of 1911. DISCUSSION: This project provided for the construction or reconstruction of street, alley, and storm drain improvements throughout Finley Tract, plus incidental water main replacement in Short Street. On December 12, 1988, after a public hearing, the City Council directed the staff to use the procedure of Chapter 27 of the Improvement Act of 1911 to construct improvements where there were no existing improvements or where there were existing improvements not built to City standards. The work has been completed as indicated in another Council item of today's agenda titled "Acceptance of Finley Tract Street Reconstruction, C- 2462." A more detailed staff report and exhibit will be provided for the September 11, 1989, hearing. Benjamin B. Nolan Public Works Director GW:so 0 August 11, 1989 TO: City Clerk FROM: Public Works Department SUBJECT: Finley Tract Street Reconstruction - (C -2462) C Ivi9c.i/ cF (C 'i/i �• PI ase remove.Item.� NP. F -10(d) from the City Council agenda of August 14, 19891 Staff will require more time to resolve the matters of non - standard yl✓l5c encroachments into the public way, which in turn will delay the intended date n for the public hearing upon the cost of construction. 7 I Benjamin B. Nolan Public Works Director LD:so CIT, OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 September 19, 1989 Jerry Cross Paving Co. 777 W. 19th Street, Suite Costa Mesa, CA 92627 Subject: Surety: Bonds No.: Contract No.: Project: (714) 644 -3005 H CBIC Bonding CA1177 C -2462 Finley Tract and Insurance Company Street Reconstruction The City Council of Newport Beach on August 14, 1989 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice has been recorded in accordance with applicable sections of the Civil Code. The Notice was recorded by the orange County Recorder on August 25, 1989, Reference No. 89- 456165. Sincerely, i e �eB Assistant City Clerk IB:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN T0: MPT RECORDING REQUEST PER GOVERNMENT CODE-4kip _ . , City Clerk City of Newport Beach �`•' 3300 Newport Boulevard EXEMPT Newport Beach, CA 92663 `+8 1B��gqO NOTICF. OF CO T PUBLIC WORKS 419- 456165 81 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA 3:00 AUG 2 5 1989 P.M. 04 i2 �,7tmr*�RECORDER 1 o All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on June 1, 1989 the Public Works project consisting of Finley Tract Street Reconstruction Contract No. 2462 on which Jerry Cross PaN was the contractor, and CBI was the surety, was completed. I, the undersigned, say: Co. of Costa Mesa Insurance VERIFICATION CIT OF NEWPORT BFACH Public Works Director I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on August 24, 1989. at Newport Beach, California. a,-Jyet4 Public'Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on Angpar 14, 1989 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. l::xecuted on August 24 1989 at Newport Beach, California. City Clerk 0 *gust 14, 1989 CITY COUNCIL AGENDA ITEM NO. F -14 • TO: CITY COUNCIL FROM: Public Works Department UY'P- .iTV ti0!JNCIL CITY tr "::P,G SUBJECT: ACCEPTANCE OF FINLEY TRACT STREET RECONSTRUCTION CONTRACT NO. 2462 AUG 14 1989 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: The contract for the construction or reconstruction of street, alley and storm drain improvements in the Finley Tract has been completed to the satisfaction of the Public Works Department. • The Bid Price was $446,974.00 Amount of Unit Price Items constructed 440,583.00 Amount of Change Orders 8,158.97 Total Contract Cost 448,741.97 The decrease in the amount of the unit price items constructed was due primarily to an error in the estimated quantity of cross gutter to be constructed. Five Change Orders were issued. The first four, in the aggregate amount of $5,832.69, provided for the removal of additional concrete and asphalt and adjustment of grades to provide drainage from the adjacent properties. The fifth, in the amount of $2,326.28, provided for relocation of two sewer laterals to clear the new water main,and increasing the thickness of the tidal structure top to accommodate traffic loads. Funds for the project were budgeted in the General Fund, Account No. 02- 3397 -403 and in the Water Fund, Account No. 50- 9288 -001. The Contractor is Jerry Cross Paving, Co., of Costa Mesa. • The contract date of completion was June 1, 1989. The work was completed by May 26, 1989. Benjamin B. Nolan Public Works Director PD:so 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: February 10, 1989 SUBJECT: Contract No. C -2462 Description of Contract Finley Tract Street Reconstruction Effective date of Contract February 9, 1989 Authorized by Minute Action, approved on January 23, 1989 Contract with Jerry Cross paving Co. Address 777 W. 19th Street, Suite H Costa Mesa, CA 92627 Amount of Contract $446,974.00 " a �1' (�e / e Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach v' Ct +y NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CA 92658 -8915 until 11:00 A.M. on the _= day of January__, 1989, at which time such bids shall be opened and read for FINLEY TRACT STREET RECONSTRUCTI Title of Protect lkx 2462 Contract No. $500,000 Engineer's Estimate c � �P h � FO RN/ Approved by the City Council this 12thday of December , 1988. an a E. Raggio City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Gilbert Wong . at 644 -3311. Project Manager t X CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL FINLEY TRACT STREET RECONSTRUCTION CONTRACT NO. 2462 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 92658 -8915 Gentlemen: PR 1.1 The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete this Contract No. 2462 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit price for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @ Twenty Four Thousand Two Hundred Dollars and No-------------- ------------------ -Lents $ 24,?00.00 Per Lump Sum 2. Lump Sum Clearing and grubbing (includes removing landscaping, mailboxes, fences, planters, etc.) Seventy Five @ Fifteen Thousand Seven Hundred Dollars and No------- ----- ----- --------- - - - - -- -Cents $ 15,775.00 Per Lump Sum 3. 700 Construct Type "A" P.C.C. Lineal Feet Curb and Gutter @ Fifteen---------------------- - - - - -- Dollars and Thi rly---- --- --------------------- - -Cents $ 15.30 $ 10,710.00 Per Lines Foot • 0 PR 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 200 Construct Type "C" P.C.C. Lineal Feet Curb and Gutter @ Fourteen --------------------------- Dollars and Sixty------------------------ - - - - -- -Cents $14.60 $2,920.00 _ Per Lineal Foot 5. 4,000 Construct P.C.C. sidewalk Sq. Ft. @ Two -------------------------------- Dollars and Ninety----------------------- - - - - -- -Cents $2.90 $11,600.00 Per Square Foot 6. 5,200 Construct street pavement Sq. Ft. (4" A.C. /4" A.B.) @ Two -------------------------------- Dollars and Forty Five------------------- - - - - -- -Cents $2.45 $12,740.00 Per Square Foot 7. 2,500 Reconstruct existing non - standard driveway Sq. Ft. @ Four ------------------------------- Dollars and Twenty----------------------- - - - - -- -Gents $4.20 $10,500.00 Per Square Foot 8. 3,100 Construct P.C.C. cross gutter Sq. Ft. @ Five ------------------------------- Dollars and No--------------------------- - - - - -- -Cents $5.00 $15,500.00 Per Square oot 9. 13,200 Reconstruct P.C.C. alley pavement Sq. Ft. and approaches @ Three ------------------------------ Dollars and Sixty------------------------ - - - - -- -Cents $3.60 $47,520.00 Per Square Foot r � • 0 PR 1.3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 90 Construct Type "B" P.C.C. curb Lineal Feet @ Fnurteen ------- --- --- ------- - - - - -- Dollars and No-------------- ----- ----- - - - - -- Cents $ 14.00 $ 1,260.00 Per Lineal Foot 11. 4,800 Replace existing P.C.C. curb with Lineal Feet Type "A" P.C.C. curb and gutter @ Fifteen---- ----- -- ----- - -- -- -- ----Dollars and - --------------- - - - - - -- - Cents $ 15.25 $ 7,3 200.00 Per Linea Foot 12. 7,000 Replace existing P.C.C. /non- standard Square Feet sidewalk with Standard 4" thick P.C.C. sidewalk @ Twn ----------- ------ ------ -------- Dollars and Ninaty-- ------- ------------- - - - - -- Cents $ 2.90 $ 20,300.00 Per Square Foot 13. 48,000 Replace existing A.C. /P.C.C. street Square Feet pavement with 4" A.C. /4" A.B. @ Twn -------- ----------------- - - - - -- Dollars and Forty FivP------------------ - - - - -- -Lents $ 2.45 $ 117.600.00 Per Square Foot 14. 1 Remove or abandon existing drain Each @ Two Hundred Seventy Five ---- - - - - -- Dollars and No-------------------------- - - - - -- -Lents $5.00 $5.00 Per Each 15. 3 Construct P.C.C. curb inlet (includes Each local depression) @ ThrPP Thousand Fight Hundred FiftKDollars and Nn ---------- ________________------- Cents $ 3,850.00 $ 11,550.00 Per Each 0 0 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 139 Construct 15" diameter (1500 -D) Lineal Feet storm drain pipe @ Seventy Six ------------------- -_ -_ -- Dollars and No -------------------------- - - - - -- - Cents $ 76.00 $ 10,564.00 Per Lineal Foot 17. 2 Construct storm drain Each connection assembly @ One Thousand Seven Hundred-- - - - - -- Dollars and No -------------------------- - - - - -- - Cents $ 1,700.00 $ 31400.00 Per Each 18. 2 Adjust existing fire hydrant Each @ Three Hundred Fifty --------- - - - - -- Dollars and No-------------------------------- --Cents $ 350.00 $ 700.00 _ Per Each 19. 25 Adjust existing water valve, Each sewer cleanout, and monument frame and cover to finish grade @ One Hundred Ten ------------- - - - - -- Dollars and No -------------------------- - - - - -- - Cents $ 110.00 $ 2,750.00 20. 10 Adjust existing sewer and storm Each drain manhole frame and cover to finish grade @ Two Hundred Seventy Five---- - - - - -- Dollars and No -------------------------------- - Cents $ 275.00 $ 2,750.00 Per Each 21. 60 Adjust existing water meter and street Each light pull boxes to finish grade @ Fifty Five ------------------ - - - - -- Dollars and No -------------------------------- - Cents $ 55.00 $ 3,300.00 Per Each 0 0 PR 1.5 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 1 Relocate existing water meter boxes and Each service @ Eight Hundred Fifty-------- - - - - -- -Dollars and No-------------------------- - - - - -- -Cents $ 850.00 $ 850.00 23. 12 Furnish and install raised Each pavement markers @ Twenty--- --- --- ------------- - - - - -- Dollars and No-------------------------- - - - - -- -Gents $ 20.00 $ 240.00 24. Lump Sum Modify existing tidal structure @ Three Thousand Three Hundred - - - - -- Dollars and _ No --------------------------------- Cents $ 3,300.00 Per Lump Sum 25. 250 Remove existing 4" C.I.P. and replace Lineal Feet with 6" B.I.P./A.C.P. including temporary trench resurfacing (Short Street) @ Sixty Three----------------- - - - - -- Dollars and No-------------------------------- -Cents $ 63.00 $_1750.00 Per Lineal Foot 26. 2 Remove existing valve and replace Each with 6 -inch butterfly valve (Short Street) @ One Thousand Six Hundred Sixty - - -- Dollars and _ No --------------------------------- Cents $ 1660.00 $ 3,320.00 Per Each 27. Lump Sum Temporary by -pass water system @ Eight Thousand Four Hundred- - - - - -- Dollars and No------------------------ -------- -Cents $_8,400.00_ Per Lump Sum 0 0 PR 1.6 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 28. Lump Sum Pressure testing and disinfection @One Thousand----------------- - - - - -- Dollars and No------------------------- -------- -Cents $1,000.00 Per Lump Sum 29. 30 Construct Curb Access Ramp Each @ Five Hundred--------------- - - - - -- Dollars and No--------------------------------- -Cents $500.00 $15,000.00 Per Lac TOTAL PRICE WRITTEN IN WORDS Four Hundred Forty Six Thousand Nine Hundred Seventy Four Dollars and No-------------------------------------------------------- - -cents $446,974.00 1/12/89 Jerry Cross Paving Co. Date Bidder (714) 548 -8116 Bidder's Telephone Number k Dol inatu Vice President itie 532351 777 W. 19th Street, Suite H, Costa Mesa 92627 Contractor's License Number Bid er's Address and Classification INSTRUCTIONS TO BIDDERS 0 Page 2 Attached are samples of Certificate of Insurance and Endorsement documents (pages 12, 13 and 14) which shall be completed and executed by the successful bidder after he receives a letter of award from the City of Newport Beach. Since the City of Newport Beach will not permit a substitute format for the attached Certificate of Insurance and Endorsement documents, bidders are advised to review their content with insuring and legal agents prior to submission of bid. The successful bidder shall also supply a payment bond and a faithful performance bond before a purchase order is issued by the City. BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Register Circular 570. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to issuance of a purchase order. Bids shall be submitted on the attached PROPOSAL form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held respon- sible for bidder errors and omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice- President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. 532351 A Contr's Lic. No. & Classification 1/12/89 Date Jerry Cross Paving Co. Bidder t Frank Dolby, Vice President Authorized Signature /Title Page 3 DESIGNATION OF SUBCONTRACTOR(S) State law and /or City Specifications require the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the prime contractor's total bid. If a subcontractor is not listed, the prime contractor will be responsible for performing of that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. The bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with the applicable provisions of the City's Specifications. Subcontract Work Subcontractor Address �WITMM O -u-. .. .. Ml.MMsMMr.FN . .. 4. 5. 6. 7. 8. 9. 10. 11. 12. Jerry Cross Paving Co. BIDDER s /Frank Dolby, Vice President Authorized Signature /Title C • • BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, Page 4 That we, On-Site Contractors, Tnr_ DRA JArrV Crn�� PnVing _, as bidden and CBIC Bonding and Insurance Agency as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent of Amount Bid Not to Exceed Fifty ThnUcan(IDollars lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of 2462 —Finley Tract it e o ro�ect Contract No. Stre in the City of Newport Beach, is accepted by the City Council of said City, and if if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver to said City the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of contract documents for execution to the above bounden bidder by and from said City, then this obligation shall become null and void; otherwise it shall be forfeited to the said City. In the event that any bidder above named executed this bond as an individual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligation under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 10th day of January 19 89, On -Site Contractors, Inc. DBA Jerry Cross Paving Bidder (Attach acknowledgment of Attorney -in -Fact) s /R.L. Thiel s /Frank Dolby, Vice President Notary Public Authorized Signature Title Commission Expires: 7 -2 -90 CBIC Bonding and Insurance Agency Surety By: s /Barbara Thiel Title: Attorney -in -Fact Page 5 NON - COLLUSION AFFIDAVIT The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be suggested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Jerry Cross Paving Co. idder s /Frank Dolby, Vice President Authorized Signature /Title Subscribed and sworn to before me this 12thday of January 1989 . My commission expires: July 9, 1990 s —__� Notary Public Page 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. City of Newport Beach 1987/88 City of Costa Mesa 1987/88 Anaheim Union High School District 1987/88 Jerry Cross Paving Co. Bidder - - -- s /Frank Dolby, Vice President _ Authorized Signature /Title Ll 1] Page 7 NOTICE The following are contract documents which shall be completed and executed by the successful bidder after he receives a letter of award from the City of Newport Beach: PAYMENT BOND (pages 8 & 9) FAITHFUL PERFORMANCE BOND (pages 10 & 11) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 12, 13, 14) CONTRACT (pages 15 & 16) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Register Circular 570. INSURANCE COMPANIES shall be (1) licensed to conduct business in California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided for all TYPES OF INSURANCE checked on the CERTIFICATE OF INSURANCE. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the It S ecifications for Public Works Construction (latest edition adopte or use in the City of Newport Beach), except as supplemented or modified by the Special Provisions for this project. EXECUTED IN QUADRUP ,0TE • Page 8 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted January 23 1989 has awarded to Jerry Cross Paving ro. hereinafter designated as the "Principal ", a contract for Finley Tract Street Reconstruction f. -2462 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We JERRY CROSS PAVING CO. as Principal, and CBIC BONDING AND INSURANCE COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of FOUR M]NDRED FOR1Y SIX THOUSAND NINE HUNDRED SEVFNIY FOUR — — Do11ars ($ 446,974.00 ), said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the work contracted tob be done, or for any other work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 2 Page 9 -- Payment Bond (Continued) The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right to them or their assigns in any suit brought upon this bond, as required by the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 31ST day of JANUARY , 19-B4• JERRY CROSS PAVING CO. (Seal) Name of ra (Principal) Authorized Signature and Title L. Michael Barth , President Authorized Signature and Title CBIC BONDING AND INSURANCE COMPAN(Seal) Name of Surety 1850 E. 17TH STREET #102 SANTA ANA, CA 92701 Address of Surety Signature an Title o Authorized Agent BARBARA THIEL, ATTORNYE —IN —FACT 258 E. 9TH ST., UPLAND, CA 91785 Address of Agent (714) 834 -9339 Telephone No. of Agent 00 9 O ro I droro ro 42 X �--Il ME O droro ro 42 X �--Il ME ❑F 1213 Valley Street CBIC BONDING + Limited Seattle, WA. 98109 AND INSURANCE COMPANY Power of Attorney (206) 622 -7053 KNOW ALL MEN BY THESE PRESENTS that CBIC BONDING AND INSURANCE COMPANY, a corporation duty organized and existing under the laws of the State of Washington, and having its principal office in Seattle, King County, Washington, does by these presents make, consUlute and appoint BARBARATHIEL, of Santa Ana, California, h5 tme and lawlul a" Art-fact, with IuU power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: (1) SBA guaranteed performance and payment bonds not exceeding the penal sum of $1,250,000; (2) bid bonds forjobs where, if the contract is awarded, the SBAguarenteed performance aMbrpaymentbond(sl will not exceed $1,250,000; (3) all other bonds coded and classified by the Surety Association of America in its Rate Manual of Fidelity, Forgery and Surety Bonds (including future amendments thereto) as Judicial, Contract (excluding bid bonds), Miscellaneous, License and Permit, and Federal not exceeding the penal sum of $1500,000; (41 bid bonds for jobs written pursuant to the authority in clause (3) above where, if the contract is awarded, the performance and(or payment bond(s) will not exceed $1,500 000; and (5) all other bonds not exceeding the penal sum of $500,000. Provided, however, that BARBARA THIEL is granted power and authonty to exceed the applicable penal limit previously set form for any bond in an amount equal to the mount of any letter of credit, or similar security, received as collateralsecunty by the Company as an inducement to issue the bond; and to bind the Company thereby as fully and to the sameexlent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly affested by his Secretary; hereby ratifying and confirming all that the said attorney -in -fact may do in the premises. Said appointment is made under and by authority of the following resolutions adopted by the Board of Directors of the CBIC BONDING AND INSURANCE COMPANY on January 3,1989: RESOLVED that the President is authorized to Company BARBARA THIEL with power and authority to sign on behalf of the Company: will not exceed $1,250,000; (3) all other bonds coded and classified by the SuretyAssociation of America in its Rare Manual of Fidelity, Forgery and Surety Bonds (including future amendments thereto) as Judicial, Contract (excluding bid bonds), Miscellaneous, License and Permtr, and Federal not exceeding the penal sum of $1,50,000; (4) bid bonds for jobs written pursuant to the authority in clause (3) above where, if the contract is awarded, the performance and/or payment bond(s) will not exceed $1,500,000; and (5) all other bonds not exceeding the penal sum of $500,000. RESOLVED FURTHER that BARBARA THIEL is granted power and authority to exceed the applicable penal limit set forth in the preceding resolution for any bond in an amount equal to the amount of any letter of credit, or similar security, received as collateral security by the Company as an inducement to issue the bond. RESOLVED FURTHER that the authority of the Secretary of the Company to certify the authenticity and effectiveness of the foregoing two resolutions in any Limited Power of Attorney is hereby delegated to the following persons, the signature of any of the following to bind the Company with respect to the authenticity and effective -mess of the foregoing resolutions as ff signed by the Secretary of the Company: Donald Siddn, R. L. Thiel, Michael L. Johnson, Steven A. Gaines and Janet K. Lorraine. RESOLVED FURTHER that the signatures (including cettication that the Power of Attorney is still in force and effect) of the President, Notary Public and person certifying authenticity and effectiveness, and the corporate and Notary seals appearing on any Limited Power of Attorney containing this and the foregoing resolutions may be by facsimile. RESOLVED FURTHER that all resolutions adopted prior to today appointing the above named as attomey,in -fact for CBIC BONDINGAND INSURANCE COMPANY am hereby superseded. IN WITNESS WHEREOF, CBIC BONDING AND INSURANCE COMPANY has caused these presents to be signed by its President and its corporate seal to be hereto affixed this 3rd day of January, 1989. CBIC BONDING AND SEAL STATE OF WASHINGTON — COUNTY OF KING On this 3rd day of January, 1989, personally appeared STEVEN A. GAINES, to me known to be the President of the Limited Power of Attorney to be the free and voluntary act and dead of said corpomtion, for the uses and purposes m of Attorney. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above wt r otary Public in and for the State of Washington, residing at Sea e The undersigned, acmlg under authority of the Board of Directors of CBIC BONDING AND INSURANCE COMP) INSURANCE1,OFWAPiYrN he above and foregoing is a hull, true and correct copy of the Original Power olAtton is still in for o band lest. GIVEN under my hand a S A NA C ,this 31ST t PoaBT02.03- US010389 IN ring Limited Power of Attomey and acknowledged said that he is authorized to execute the said Limited Power NO 7-49 *robes, as or in lieu of Ceruficare of the Secretary of CBIC BONDING AND said Company, and does hereby further certify, that the said Power of Attorney day of JANUARY 19 89 EXECUTED IN QUADRUPLICA BON CA1177 PREF $8939.00 Page 10 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted danuar-y 27r 1989 has awarded to Jerry Cross Paving Co. hereinafter designated as the "Principal ", a contract for Finley Tract Street Reconstruction C -2462 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We JERRY CROSS PAVING CO. as Principal, and CBIC BONDING, AND INSURANCE COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of FOUR HUNDRED FORTY SIX THOUSAND NINE HUNDRED SEVINIY FOUR - - - Dollars ($ 446,974.00 said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well keep truly and perform the covenants, conditions, and agreements in the said contract 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 the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract Page 11- - - Faithful Performance Bond (Continued) or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. In the event that the principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 31ST day of JANUARY 1989 JERRY CROSS PAVING CO. Name o �t actor Princrpa ure ano iitie L. Michael Barth Authorized Signature and Title CBIC BONDING AND INSURANCE COMPANYSeal) Name of Surety 1850 E. 17TH STREET #102 SANTA ANA, CA 92701 Address of Surety Signature and Title of Authorized Agent BARBARA THIEL, ATTORNEY —IN —FACT 258 E. 9TH ST., UPLAND, CA 91785 Address of Agent (714) 834 -9339 Telephone No. of Agent § \ / \ \ \ \ k § \ � ■ k\7 jk} \\\ ! °g \§J 2�& �§2§ ^g§ \ Q rm @ \ \2 =a)} \ \� 7 �tf � =f2 )�)§ km 3 t I2;& § § , / � } t a § LZ �� \ n j « \ \ \ g \ \ k § \ � ■ k\7 jk} \\\ ! °g \§J 2�& �§2§ ^g§ \ Q rm @ \ \2 =a)} \ \� 7 �tf � =f2 )�)§ km 3 t I2;& § § , / � } t a § LZ �� ❑CBIC BONDING • AND INSURANCE COMPANY 0 Limited Power of Attorney 1213 Valley Street Seattle, WA 98109 (206) 622 -7053 KNOW ALL MEN BY THESE PRESENTS that CBIC BONDING AND INSURANCE COMPANY, a corporation duty organized and existing under the laws of the State of Washington, and having its principal office in Seattle, King County, Washington, does by these presents make, constitute and appoint BARBARATHIEL, of Santa Ara, California, its true and lawful attomey-in -fact, with full power and authority hereby contened In its name, place and stead, to execute, acknowledge and deliver: (1) SBA guaranteed performance and payment bonds not exceeding the penal sum of $1,250,000;(2) bid bonds for jobs where, if the contract is awarded, the SBA guaranteed performance ardlor payment bond(s) will not exceed $1,250,D00; (3) all other bonds coded and classified by the Surety Association of America in its Rate Manual of Fidelity, Forgery and Surety Bonds (including future amendments thereto) as Judicial, Contract (excluding bid bonds), Miscellaneous, License and Permit, and Federal not exceeding the penal sum of $1,500,000; (4) bd bonds for jobs written pursuant to the authority in clause (3) above where, if the contract is awarded, the performance and/or payment bond(s) will not exceed $1,500,000; and (5) all other bonds not exceeding the penal sum of $500,000. Provided, however, that BARBARA THIEL is granted power and authority to exceed the applicable penal knid previously set forth for anybond in an amount equal to the amount of any letter of credit, or similar securi y, received as collateral security by the Company as an inducement to issue the bond; anti to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duty attested by its Secretary; hereby ratifying and confirming all that the said attomey-infact may do in the premises. Said appointment is made under and by authonty of the following resolutions adapted by the Board of Directors of the CBIC BONDING AND INSURANCE COMPANY on January 3,1989; RESOLVED that the President is authorized to appoint as attorney -in -fact of the Company BARBARATHIEL with power and authority to sign on behalf of the Company: (1) SBA guaranteed performance andpaymembonds not exceeding the penal sum of $1,250.000; (2) bid bonds forjobs where. if the contract is awarded, the SBA guaranteedpedormanceand /orpaymentbond(s) will not exceed $1,250,000; (3) all other bonds coded and classified by the SuretyAssociationofAmerica in its Rate Manual of Fidelity, Forgery and Surety Bonds (including future amendments thereto) as Judicial, Contract (excluding bid bonds), Miscellaneous, License and Permit, and Federal not exceeding the penal sum of $1,500,000; (4) bid bonds forjobs wdfien pursuant to the authority in clause (3) above where, if the contract is awarded, the performance and/or payment bond(s) will not exceed $1,500,000; and (5) all other bonds notexoeeding the penal sum of $500,000. RESOLVED FURTHER that BARBARATHIEL is granted power and authority to exceed the applicable penal limit set forth in the preceding resolution for any bond in an amount equal to the amount of any lever of credit, or similar security, received as collateral security by the Company as an inducement to issue the bond. RESOLVED FURTHER that the authority of the Secretary of the Company to certify the authenticity and effectiveness of the foregoing two resolutions in any Limited Power of Attomey is hereby delegated to the following persons, the signature of any of the following to bind the Company with respect to the authenticity and effective -ness of the foregoing resolutions as if signed by the Secretary of the Company: Donald Sirkin, R. L. Thiel, Michael L. Johnson, Steven A. Gaines and Janet K. Lorraine. RESOLVED FURTHER that the signatures (including certification that the Power of Attorney is still in force and effect) of the President, Notary Public and person certifying authenticity and effectiveness, and the corporate and Notary seals appearing on any Limited Power of Attorney containing this aid the foregoing resolutions may be by facsimile. RESOLVED FURTHER that all resolutions adopted prior to today appointing the above named as attomey -in -fact for CBIC BONDING AND INSURANCE COMPANY are hereby superseded IN WITNESS WHEREOF, CBIC BONDING AND INSURANCE COMPANY has caused these presents to be signed by its President and its corporate seal to be hereto affixed this 3rd day of January, 1989. CBIC BONDING AND .00 SEAL STATE OF WASHINGTON—COUNTY OF KING rh qSH I Ni On this 3rd day of January, 1989, personally appeared STEVEN A. GAINES, to me krown to be the President of the corporation that executed the foregorg Limited Power of Attorney and acknowledged said Limited Power of Attorney to be the free and voluntary act and dead of said corporation, for the uses and purposes therein mention ath stated that he is authorized to execute the said Untied Power of Attorney. LEEN �. IN WITNESS WHEREOF, I have hereunto sat my hand and affixed my official seal the day and year first above written 'E;P�jM158rpye.7j�` NOT 'O xm �� 'ate y�:Al. eL IC 0: #pdv Lary Public in and for the Sate of Washington, residing at Sea �HG1�WxOr The undersigned, acting under authority of the Board of Directors of CBIC BONDING AND INSURANCE COMPANY, hereby certifies, as or in lieu of Cedificate of the Secretary of CBIC BONDING AND IN U IF&9QU2ANY that the above and foregoing is a full, true and correct copy of the Original Power of Attorey issued by said Company, and does hereby fuMercar6ty that the said Power of Attorney I s still inform ffect. GIVEN under my hand A NA CA ,mia 315T day of JANUARY ,1s ._$9. PoaBT02.03- US0103B9 .. . Kw n,: ,,tru. 7010 ; 314N-30—S9 M O N 1 : 3 4 1 ERTIFICATE HOLDER City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED — derxy.Cross -Pay W-1 "SMVIN _..Cos-ta..Mesa.. -CA .._92627 his is to certify that policies of in bove and are in force at this time, i OMPANY TYPES OF INSURANCE ETTER COVERAGE REQUIRED IFICATE OF INSURANCE 1- 1G- rGGGU�� y-lVGGJ,GG•R J • P 0 3 Pege 12 A Citation Insurance Company a wly B er any C er e y r D any E urance listed below have been issued to the insured named eluding attached endorsement(s). ra11cy Policy I Exp. No. Date Each lCompleted ~ GENERAL LIABILITY zl Comprehensive Form Bodily Injury $ $ x Premises - Operations Property Damage $ $ x Explosion b Collapse Hazar x Underground Hazard ' x Products /Completed Operations Bodily Injury Hazard i and Property x Contractual Insurance ; Damage Combined $ $ x Broad Form Property Damage' x Independent Contractors x Personal Injury 1 Marine i Personal Injury $ Aviation AUTOMOTIVE LIABILITY ❑x Comprehensive Form ; Bodily Injury $ Each Person [xQ Owned $ o y In ury Each Occurrence ❑x Hired i Proeerty Damage Bodily Injury and ❑x Non -owned Property Damage Combined $ EXCESS LIABILITY ❑ Umbrella Form (� Other than Umbrella Form A I and j CPOI0931 4/1/89 EMPLOYER'S LIABILITY i Bodily Injury and Property Damage Combined 1 $ $ 1,000, Accident) JTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. ;NCELLATION: Should any of the above }described policies be cancelled or coverage reduced before the expiration date thereof, the•Insurance Company affording coverage shall provide 30 days' �dvance notice to the City of Newport Beach by registered mail, attention: Public Works Department. D ve ate:_ January 31, 1289 escription of operations /locations /ve each by or on behalf of the named ins Finley Tract Street Reconstructi Agency: s1111"gn,&--Curtis TLIsurnrirp RLp} pYR Telephone:_ 714 -250 -7172 icles: All operations performed for the City of Newport red in connection with the following designated contract: n C -2462 Title and Contract Number OTICE: This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, tegn, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conbitions of such policies, including attached endorsements. • CE)�IFICATE OF.INSURANCE EFT— FT City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED _..Jerry Lross.Pay.tng _ 777-_k'_19th. St.r..e _Sosta Mes�,..CA_.92627 his is to certify that policies of in bove and are in force at this time, i OMPA.NYI TYPES OF INSURANCE ETTER COVERAGE REQUIRED A A -J7 E GENERAL LIABILITY Comprehensive Form x Premises - Operations x Explosion 8 Collapse Hazer x Underground Hazard ,x, Products /Completed Operati Hazard q , Ix insurance , Brcad For,^. ?rcperty Damace =Ersor.al .Lj:.ry Marine U Aviation �Y AUTOMOTIVE LIABILITY x Co .prehensive Form ',�x_3 Owned i x3 Hired [x Non- owned — EXCESS LIABILITY [] Umbrella Form,; [� Other than Umbrella Form Prge 12 INSURANCE COMPANIES AFFORDING COVERAGES Company A NEn HA-1 PS11= TNSUR7\NCE CO. Letter ny B ny C mpany D tter mpany E tter rance listed below have been issued to the insured named luding attached endorsement(s). rolicy Policy Exp. No. I Date 1/12/90 Each Completed Occurrence Operation Bodily Injury I S IS Property Damage Bodily Injury and Property DcT:a e Combined 1,000, iS 1,000, ers nai Injury 1$1,000, Bodily Injury 5 (Each Person) 6457156 1/12/90 000iiy injury S (Each Occurrence)I Doily ir3ury an- Property Damage Combined 51,000, Bodily Injury and Property Damage Combined 5 and I I 1 EMrLOYER S LIABILITY The Comprehensive General Liability ity and Automotive Liability policies are endorsed wish the attached City of fie'wpo,r6 Beach Endorsements. cider" ;tiCELLATiON: Srould any of the obove,d =_scribed policies be cancelled or coverage reduced before the expiration dte therEof, the-insurance Company affording coverage shall provide 30 days` 1; -4ice notice to the City of Newport Beach by �recistered mail, a;.tentlon: Public Works Deparinent. y: Aoency: BP,4- T=- SCFAFN1-l'Z & P.SEOC. , m1c- uthorizV_pr sen ative 444 ate: 1/30/89 _ Telephone: 714/3801800 escription of operations /locations /ve icles: All operations performed for the City of Newport ! each by or on behalf of the named in4red in connection with the following designated contract: Finley, Tact_ Street Reconstruction C -2462 Project Title and Contract Number) i� 07iC--: This certificate or verification of Insurance is not an insurance po icy and does not amend, extend or alter the co�,eraoe afforded by the policies listed herein. Notwith- standing any requirement, , term, or condition of any contract or other document with respect to which this certificate or verification of insurance nay be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. CITY OF NEWPORT BEACH AUTOMOTIVE.LIABILITY INSURANCE ENDORSEMENT It is agreed that: With respect to such insurance Property Damage Liability, the additional insureds but only wi the ownership, maintenance or u the named insured in connection extended by this endorsement to injury or property damage arisi the name of an additional insur or (3) operated by an additiona named insured(s) shall apply as by the City of Newport Beach wi provided by this policy. Page 13 I is afforded by the policy for Bodily Injury and ity of Newport Beach, its officers and employees are h respect to liability for damages arising out of e of automobiles (or autos) used by or on behalf of with the contract designated below. The insurance said additional insured does not apply to bodily g out of automobiles (1) owned by or registered in d, or (2) leased or rented by an additional insured, insured. The insurance afforded the additional primary insurance and no other insurance maintained 1 be called upon to contribute with insurance 2. The policy includes the followlg provision: "The insurance afforded b : the policy applies separately to each insured who is seeking coverage 6'r against whom a claim is made or suit is brought, exgept with respect to thle limits of the insurance Co-.pany's liability." 3, Tne limits of liability under this endorse -ent for the additional insureds n!m.ed in Paragraph 1 of this endorse -ent' shall be the limits indicated below for ctt`cr i"ulti- GI ;l r; t, ^1. �'e':e i ear oy the letter X 'In t ^e e Lints or Sin.�e Li i w,�i r s indi :ed ., box. ( ) Multiple Limits 0 1 .Injury abi it ty Property DamaoE Liability (M) Single Limit Bodily Injury Liability and Property Damage Liability Combined $ each occurrence 5 each occurrence S_I. no,non —each occurrence The limits of liability as stated in paragraph 3 of this endorsement shall not in- crease the total liability of he insurance Company for all damages as the result of any one accident or occurrengeillln excess of the limits of Liability stated in the policy as applicable to Automo,ile Liability Insurance. 4. Should the policy be cancelled or coverage reduced before the expiration date thereof, the insurance Company shall p+ide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 1. Desionated Contract: Tnis endorsement is effective ? . 176 Named Insured ^— JERBY CROSS F Name of Insurance Com an ' P Y_ t� L Street Reconstruction C -24 act —Tie and Contract No. . at 12:01 A.M. and forms a part cf CO. _ ,9dor5ement No. 1 -- iITE INSURANCE By _ Authorized epres. tai Le • y COMPREHENSIVE It is agreed that: • CITY OF NEWPORT BEACH ERAL LIABILITY INSURANCE ENDORSEMENT Page 14 1. With respect to such insurance�as is afforded by the policy for Comprehensive General Liability, the City of Newport!Beach, its officers and employees are additional in- sureds but only with respect tq liability arising out of operations performed by or on behalf of the named insured ini connection with the contract designated below or acts and omissions of the City of Newport Beach in connection with its general supervision of such operations. The insurance afforded said additional insured shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or su t is brought, except with respect to the limits of the Insurance Company's liab.lity." 3. The insurance afforded by the W icy for Contractual Liability Insurance (subject to the terns, conditions and exclusions applicable to such insurance) includes liability assumed by the na-ned insured under the indemnification or hold harmless provision con- tained in the written contract; designated below, between the vaned insured and the City o Newport 3each. 4. With respect to such insurance'as is af`orded by this policy, the exclusions, if any, pe"ttining to tie explosion hazard, col'layse hazard and unte-yrDunc pr psrty hazard (comsonly referred to as "XCU "hazardS) are deleted. 5. Tne limits of liability under phis endcrsement f ^r the additional insured named in paragraph I of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichel;er is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily injury Liability S each occurrence Property Dar„age Liability S each occurrence Vq Single Limit Bodily Injury Liability S 1,000,000. each occurrence and Property Damage 5iabillty Combined The applicable limit of the Insurance Company's liability for the insurance afforded for contractual liability shad be reduced by any amount paid as damages under this endorsement in behalf of the dditional insureds. The limits of liability as stated in this endorsement shall not increase the total liability of the insurance Cocioany for all dam.ages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to Comprehen- sive General Liability Insurance. 6. `should the policy be cancelleh or coverage reduced before the expiration date thereof, the Insurance Company shall ptovide 30 days' advance notice to the City of Newport beach by registered mail, Attention: Public Works Department i , 7. Designated Contract: Fi This endorsement is effective Policy No. CDO06457156 Named Insured JERRY CROSS ect iitie ano contrac CQ`iPAN`i t 12:01 A.M. and forms a part of :a me of Insurance Company 1 '.' HAL?PSHIRE I11SUP -ANCE Endorsement No. 2 - utnorize epresentative 0 0 0 0 Page 15 Von. 1,1_ra i THIS AGREEMENT, entered into this day of 'T� 19W. by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Jerry Cross Paving Co. hereinafter "Contractor," is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: Finley 1 ract Street Reconstruction - Tit e o Project ontract No. (b) Contractor has determined by City to be the lowest responsible bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifi- cations by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: Finley Tract S reet Reconstruction C.-PUP Title o Project Contract No. which project is more fully described in the contract documnts. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of Hundred __($aa6 gxa_on >• Nine This mpensation es includ ( ) any loss or da co mage arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work; (3) any expense incurred as a result of any suspension or discontinuance of the work; but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incor- porated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instructions to Bidders and (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and documents referenced therein Endorsement(s) 0 Page 16 (f) Plans and Special Provisions for Finley Tract Street Reconstruction C -2462 Title of Project Contract No. (g) This Contract. 4. Contractor shall assume the defense of, and indemnity and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage proximately caused by the sole negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. CITY OF NEWPORT BEACH ATTEST: ty Att rney �� 11 CITY JERRY CROSS PAVING CO. _ Name oT Contractor (Principal) Authors a Signature and i e VICE PRESIDENT FR K DOLBY Authorized Signature and Title 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FINLEY TRACT STREET RECONSTRUCTION CONTRACT NO. 2462 INDEX TO SPECIAL PROVISIONS SECTION PAGE I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. CLASSIFICATION OF CONTRACTORS LICENSE . . . . . . . . . . . . . . . 1 III. TIME OF COMPLETION AND SCHEDULE OF WORK . . . . . . . . . . . . . 1 IV. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 V. LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . . . . . . . . 3 VI. WATER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 VII. PUBLIC CONVENIENCE AND TRAFFIC CONTROL . . . . . . . . . . . . . . 4 A. Traffic Control Plans . . . . . . . . . . . . . . . . . . 4 B. "No Parking, Tow- Away" Signs . . . . . . . . . . . . . . . . . 5 C. Notification to Residents . . . . . . . . . . . . . 5 D. Emergency Vehicles and Trash Collection . . . . . . . . . . . 5 E. "No Parking" Signs . . . . . . . . . . . . . . . . . . . . . . 5 VIII. WATER SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 IX. TEMPORARY BY -PASS WATER SYSTEM . . . . . . . . . . . . . . . . . . 6 X. STEEL PLATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 XI. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . . . . . . . 6 XII. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . . . . . . . 6 A. Removals . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 B. Street and Alley Improvements . . . . . . . . . . . . . . . . 7 C. Water Main . . . . . . . . . . . . . . . . . . . . . . . . . . 8 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS • SP1of9 FINLEY TRACT STREET RECONSTRUCTION CONTRACT NO. 2462 SCOPE OF WORK The work to be done under this contract includes, but is not limited to (1) constructing P.C.C. improvements: cross gutters, sidewalk, and curb access ramps; (2) reconstructing P.C.C. improvements: alley approaches and pavement, curb and gutter, sidewalk and driveways; (3) constructing and reconstructing A.C. street pavement; (4) constructing and reconstructing storm drain systems; (5) replacing an existing water main; (6) adjusting existing utility frames and covers; and (7) performing other incidental items of work as necessary to complete the work in place. All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions, (2) the Plans (Drawing No. R- 5164 -S, (3) the City's Standard S ecial Provisions and Standard Drawings for Public Works Construction ( 988 Edition), and (4) the Standard Specifications for Public Works Construction (1988 Edition, including Supplements). Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Five Dollars ( 5.00). Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, telephone (213) 202 -7775. II. CLASSIFICATION OF CONTRACTORS LICENSE At the time of award the Contractors shall possess a General Engineering Contractor A license, a Specialty Concrete Contractor C -8 license, or a Specialty Earthwork and Paving Contractor C -12 license. III. TIME OF COMPLETION AND SCHEDULE OF WORK No work shall begin until a schedule of work has been approved by the Engineer. The Contractor shall submit his proposed construction sche- dule per Standard Specifications Section 6 -1 and Standard Special Provisions Section 2 -1.4. The proposed construction schedule shall satisfy the following requirements: A. All work under this contract shall be completed by June 1, 1989 Emergency vehicle access to and from Finley Tract shall be main- tained at all times. In addition, Finley Avenue and Short Street shall not be closed to traffic concurrently. • 0 SP 2 of 9 C. No two adjacent and /or adjoining streets and /or alleys shall be closed to traffic concurrently. 36th Street and Clubhouse Avenue shall each be constructed in two longitudinal phases. E. Work shall be planned so that demolition on the next work area shall not begin until the previous area is opened to traffic. F. A street and alley closure plan with schedule of closures shall be submitted to the City for review and approval. Closure dates shall be posted along each street or alley two weeks in advance of its closure. Closure signs shall be prepared similar to those specified in Subsection VII. B. below. The Contractor shall complete all work at each alley site within sixteen (16) consecutive calendar days after beginning work at that site. The term "work" as used herein shall include all removals, replacements, utilities adjustments, and construction of pavement, concrete improvements, and cleanup. Also included within the spe- cified period is curing time for the new P.C.C. improvements. In summary, this means that each alley site shall be returned to normal vehicular use within sixteen (16) consecutive calendar days from the day it is first closed to such use. The contractor shall therefore employ sufficient men and equipment to meet this schedu- le; otherwise, he will be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional men and equipment were required on the job. The Contractor will be assessed $100 per day (including Saturdays, Sundays and holidays) liquidated damages for each day in excess of the sixteen (16) consecutive days allowed for 100% completion of the construction work at each alley site. Additional liquidated damages, as covered in Section 6 -9 of the Standard Specifications, shall be assessed for failure to complete the project by June 1,� 1989, (See also Section V, Liquidated Damages, of the Special Provisions). The intent of this section of the Special Provisions is to emphasize to the Contractor the importance of prosecuting the work in an orderly, preplanned, continuous sequence so as to maximize access to dwellings for residents and emergency vehicles. H. For street work, substitute the words "twenty (20)" and "street site" in place of the words "sixteen (16)" and "alley site ", respectively, in Subsection II. G. above. The 1" A.C. finished course shall be constructed in two or more phases, after all other work has been completed. • • SP3of 9 J. The Contractor's schedule shall consider the phasing of water main construction, testing, disinfection, and connection to the existing system. The Contractor shall use the following guidelines in establishing this schedule: 1. No connections to existing water mains will be permitted until the new main has satisfactorily passed the hydrostatic test and has been disinfected. 2. Hydrostatic pressure testing will be permitted against new valves. The test pressure shall be 175 PSI. Any temporary bulkheads for thrust resistance will be the responsibility of the Contractor. 3. Cutting -in of new water mains shall be done at times resulting in the least disruption of water service. Shutdowns to residences of up to four hours during the day will be permitted and will not require a temporary by -pass. Operations requiring a longer shutdown period will require a temporary by -pass. The Contractor shall notify the City's Utilities Superintendent, Mr. Gil Gomez, (714) 644 -3011, at least 48 hours in advance of the need to shut down or connect to any existing water mains. No shutdown will be allowed on Fridays, Saturdays, Sundays, holidays or after 12:00 noon. The Contractor shall not operate existing water valves except in cases of extreme emergency. It will be the Contractor's responsibility to ensure the availability of all materials prior to the start of work. Unavailability of materials will not be sufficient reason to grant the Contractor an extension of time. IV. PAYMENT The unit price bid for each item of work shown on the proposal shall be considered as full compensation for all labor equipment, materials, and all other things necessary to complete the work in place, and no addi- tional allowance will be made therefor. Payment for incidental items of work proposal (i.e. removals, excavation, property corners, dewatering, etc.) bid for related items of work. not separately provided for in the sawcutting, patchback, protecting shall be included in the unit price Partial payments for mobilization shall be made in accordance with Section 10264 of the California Public Contract Code. V. LIQUIDATED DAMAGES Commencing on June 1, 1989, the Contractor shall pay to the City, or have withheld from monies due the Contractor, the daily sum of $250.00 in lieu of the daily sum of $100.00 specified in Section 6 -9 of the Standard Specifications. • VI. WATER • SP4of 9 If the Contractor desires to use City water, he shall arrange for a meter and tender a $500 meter deposit with the City. Upon return of the meter in good condition to City, the deposit will be returned to the Contractor, less a quantity charge for water usage. VII. PUBLIC CONVENIENCE AND TRAFFIC CONTROL A. Traffic Control Plans The Contractor shall submit to the Engineer traffic control plans which incorporate the following: 1. Traffic flow outside of a street or alley closure area shall be maintained. 2. The location and wording of all signs, barricades, delineators, lights, warning devices, temporary parking restrictions, and any other details required to assure that all traffic will be handled in a safe and efficient manner with a minimum of inconvenience to the motorists. 3. A complete and separate plan for each phase of construction shown in the proposed construction schedule showing all items listed under 1. above. Traffic control plans shall be prepared in accordance with WATCH and Sections 2 -5.3 and 7 -10 of the Standard Specifications. No work shall begin until traffic control plans have been approved by the Engineer. The majority of streets in Finley Tract have the following conditions: 1. On one side of the street there is no parking (red curb). 2. On the other side there is parking, except on Fridays from 8:30 a.m. until 12:30 p.m. due to street sweeping (See Section VII. E. herein). Alley 337 -A (s /o Finley Avenue only) is posted one -way (northbound). During construction the alley may be posted two -way temporarily to provide additional access. Contractor's equipment and vehicles shall not be left overnight on tract streets outside of a street or alley closure area. The Contractor shall provide and install devices to provide access to dewellings for residents. C. • SP S of 7 "NO PARKING. TOW- AWAY" Sians Wherever the Contractor is permitted temporary prohibition of parking during construction, the Contractor shall furnish, install, and maintain in place "NO PARKING" signs (even if streets have posted "NO PARKING" signs) which he shall post at least 40 hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (714) 644 -3740, for verification of posting at least 40 hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimension of 12 inches wide and 18 inches high; and (3) be similar in design and color to sign number R -38 on the Caltrans Uniform Sign Chart. The Contractor shall print the hours, day and date of "NO PARKING" in 2- inch -high letters and numbers. A sample of the completed sign shall be aooroved by the Enaineer prior to oostino. Notification to Residents Between 48 and 55 hours before closing a section of a street or alley or restricting vehicular access to garages or parking spaces, the Contractor shall distribute to each affected address a written notice stating when construction operations will start and approximately when vehicular access will be restored. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and time at the time he distributes the notices. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor renotification using an explanatory letter furnished by the Engineer. ncv Vehicles and Trash Collection The Contractor shall make every effort to provide access through the work area for emergency vehicles and for weekly trash collections on Tuesdays. If the Contractor's work will interfere with normal trash collection procedures in any manner, he shall effect alternative procedures with prior approval of the Engineer, and notify the affected residents of the change in writing. "No Parking" Signs The Contractor shall provide, install, and remove, at the appropriate times, covers or bags over City "No Parking" signs and street sweeping signs as directed by the Engineer, to allow uninterrupted public parking along the streets adjacent to streets or alleys under construction. • 0 SP 6 of 9 VIII. WATER SERVICE Water service shall be maintained at all times to residences except as permitted in Subsection III. J. The Contractor's methods of providing such continuous service shall be approved by the Engineer prior to construction. IX. TEMPORARY BY -PASS WATER SYSTEM The Contractor may obtain, at no cost, a temporary by -pass water system for use on this project. The Contractor shall make arrangements to obtain the by -pass from Mr. Gil Gomez, Utilities Superintendent, at (714) 644 -3011. The Contractor shall be responsible for transport to and from the jobsite and for application at the jobsite. The Contractor shall reimburse the City for all materials damaged or borrowed and not returned. X. STEEL PLATE The City can provide, free of charge, a limited quantity of 1" thick, 5' x 10' steel plates. These plates may be obtained from and shall be returned to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Gil Gomez, at (714) 644 -3011. XI. CONSTRUCTION SURVEY STAKING Field surveys for control of construction shall be the responsibility of the Contractor. All such surveys, including construction staking, shall be under the supervision of a California registered civil engineer or licensed surveyor. Staking shall be performed on all items ordinarily requiring grade and alignment at intervals normally required by the complexity or grades of the work, or by the trades involved. Payment for construction survey staking shall be considered as included in the various items of work and no additional allowance will be made therefor. If the Contractor disturbs a property corner, it shall be his responsibility to reinstall the property corner, and no additional allowance will be made therefor. XII. CONSTRUCTION DETAILS A. Removals This work shall be performed in accordance with the applicable requirements of the Standard Specifications, except as modified herein: Joins to existing pavement shall be made by sawcutting. 0 SP 7 of 9 2. Removal of existing homeowner improvements within the Right of Way that conflict with proposed improvements shall be coordinated with the owner. Homeowners shall be given the option to have the materials salvaged and placed in a location that is acceptable to them or to have the materials disposed of. Pavement and concrete that is removed shall become the property of the Contractor and shall be disposed of at the Contractor's expense in a manner and at a location acceptable to cognizant agencies. All costs for providing removal, salvage and disposal shall be included in the unit price bid for related items of work. 3. Special care should be exercised to protect in place the numerous existing meter boxes, manholes, clean -outs, power poles, and other surface and subsurface utilities. 4. Existing P.C.C. or A.C. improvements to be removed shall be sawcut at minimum two (2) inches deep along property lines and join lines as shown on the plans. Final removal at the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Final removal accomplished by other means, such as hard -blow pavement breakers and stompers, shall be approved by the Engineer. Street and Alley Improvements This work shall be performed in accordance with the applicable requirements of the Standard Specifications except as modified herein. 1. Street pavement section shall be 1" AC type III- C3- AR4000 over 3" AC type III- B2- AR4000 over 4" AB. 2. Sidewalk or driveway approaches that extend beyond the street or alley right of way shall have a cold joint at the right -of -way line, or if placed monolithic, a minimum 2- inch -deep sawcut at the right -of -way line within 24 hours of placement. 3. Concrete improvements shall be constructed with Class 560 -C -3250 concrete. Exposed concrete surface shall conform in grade, dimension, color and finish to adjoining P.C.C. improvements. 4. The item of work for construction /reconstruction of P.C.C. cross gutters and P.C.C. alley approaches shall also include curb returns. • SP 8 of 9 5. The Contractor shall adjust to finished grade all sewer manholes, sewer cleanouts, water valve covers, storm drain manholes, monuments and water meter and street light pull boxes. Utility adjustments shall conform to City of Newport Beach Standard Drawing Nos. Std. - 111 -L, Std.- 116 -L, Std. -205 -L and Std.- 511 -L. All water valves, sewer cleanouts, survey monument and water meter frames and covers damaged or damaged during adjustment operations will be replaced by the Contractor at his expense. The Contractor shall be responsible for any damages to all other existing utilities resulting from his operations. The bid item for such work shall include the replacement of all deteriorated or broken city owned meter boxes within the area of new construction. 6. Raised pavement markers for location of fire hydrants shall conform to C.N.B.- STD - 902 -L. 7. The proposed top of curb shall be equal to the existing top of curb unless otherwise noted. The gutter grades shown on the plans are achieved by varying the curb height. C. Water Main The Contractor shall use either ductile iron or asbestos cement pipe materials and shall use the material specified in the alternative exclusively for each item of work, except as required by Section 207 -7 of the Standard Specifications and Plans. 1. Ductile Iron Pipe (D.I.P. a. Pipe and Fittings Water pipe and fitting shall be ductile Iron Class 50. Pipe joints shall be rubber gasket push -on joint such as Tyton Joints manufactured by United States Pipe and Foundry Company. b. Encasement Ductile iron pipe shall be encased in minimum 8 -mil. polyethylene. c. D.I.P. Installation D.I.P. laying shall be performed in accordance with the recommendations of the manufacturer and as described in the most recent publication of AWWA C600 Installation guide. Care shall be used to prevent damage in handling, moving, and placing the pipe. It shall not be dropped, dragged, nor handled in such a manner as to cause scratches, bruises, cracks, or chips. • • SP 9 of 9 2. Asbestos Cement Pressure Pipe (A.C.P.) a. Pipe and Fittings Water pipe and fittings shall conform to Section 207 -7 of the Standard Specifications A.C.P. Installation A.C.P. laying shall be performed in accordance with the recommendations of the manufacturer as described in the most recent publication of "Installation Guide for Asbestos Cement Distribution and Transmission Pipe," published by CAPCO Pipe Company, Inc. Care shall be used to to prevent damage in handling, moving, and placing the pipe. It shall not be dropped, dragged, nor handled in such a manner as to cause scratches, bruises, cracks, or chips. Power driven saws with abrasive discs shall not be used for dry cutting or beveling asbestos cement pipe. Asbestos cement chips and cuttings from the field operations shall be disposed of in a manner that will not contribute airborne asbestos dust to the atomsphere. c. Closures The Contractor shall use C -900 PVC pipe for all closures equal or less than 3 feet 3 inches. d. Water Meter Boxes The Contractor shall salvage and reset existing concrete meter boxes. The City shall furnish to the Contractor, at no cost, meter boxes to replace those boxes which are identified on the plans to be substandard or broken prior to construction. Meter boxes provided by the City shall be picked up by the Contractor at the City's Utilities Yard at 949 West 16th Street. Boxes broken during the course of construction shall be replaced by the Contractor at his sole expense. 3. Temporary Resurfacing Paragraph 4, Section 306 - 1.5.1, "Temporary Resurfacing" of the Standard Specifications shall be deleted and the following added: The cost of furnishing, placing, maintaining, removing and disposing of temporary resurfacing shall be included in the unit costs to install the water main. Temporary resurfacing shall be 2" in thickness, and is required over all excavated pavement areas. • • • r *nuary 23, 1989 i.Y t` •iTY —Ul (jCITY COUNCIL AGENDA CITY )) :d200RT BEAtTEM NO. F -3(c) TO: CITY COUNCIL JAN 2 3 1989 —APP)- -- - -- FROM: Public Works Department SUBJECT: FINLEY TRACT STREET RECONSTRUCTION - CONTRACT NO. 2462 RECOMMENDATION: Award Contract No. 2462 to Jerry Cross Paving Company for the total bid price of $446,974.00 and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 a.m. on January 12, 1989, the City Clerk opened and read the following bids for this project: The low bid is 10.6% below the Engineer's estimate of $500,000.00. The low bidder, Jerry Cross Paving Co., is a well - qualified general engineering contractor who has satisfactorily performed previous contracts for the City. This project provides for the construction or reconstruction of street, alley, and storm drain improvements throughout Finley Tract; plus incidental water main replacement in Short Street. The project will improve the drainage, the enforcement of parking regulations, and the appearance, rideability and structural adequacy of streets and alleys within the tract. Funds for award are proposed from the following accounts: DESCRIPTION Finley Tract Street Improvements Water Main Replacement Program ACCOUNT NO. AMOUNT 02- 3397 -403 $416,974 50- 9288 -001 30,000 Plans and specifications for the project were prepared by staff and by Fuscoe, Williams, Lindgren and Short. The contract specifies completion of all work by June 1, 1989. Benjamin B. Nolan Public Works Director GW:so 3, r) BIDDER TOTAL BID PRICE Low Jerry Cross Paving Co. $446,974.00 2 Nobest Incorporated 458,459.00 3 Damon Construction Co. 467,510.00 4 Sully - Miller Contracting Co. 518,256.50 5 Griffith Co. 529,107.50 6 Excel Paving Co. 546,421.24 The low bid is 10.6% below the Engineer's estimate of $500,000.00. The low bidder, Jerry Cross Paving Co., is a well - qualified general engineering contractor who has satisfactorily performed previous contracts for the City. This project provides for the construction or reconstruction of street, alley, and storm drain improvements throughout Finley Tract; plus incidental water main replacement in Short Street. The project will improve the drainage, the enforcement of parking regulations, and the appearance, rideability and structural adequacy of streets and alleys within the tract. Funds for award are proposed from the following accounts: DESCRIPTION Finley Tract Street Improvements Water Main Replacement Program ACCOUNT NO. AMOUNT 02- 3397 -403 $416,974 50- 9288 -001 30,000 Plans and specifications for the project were prepared by staff and by Fuscoe, Williams, Lindgren and Short. The contract specifies completion of all work by June 1, 1989. Benjamin B. Nolan Public Works Director GW:so 3, r) AuthofRe(J to Publish Adverllsements of all k1bmcluding public notices by Decree of the Superior Court of Orange County. Catilomla. Number A -6214. dated 29 September. 1961, and A- 24631. dated 11 June. 1963 STATE OF CALIFORNIA County of Orange o oa eaau •emir p costa fly IMf xY1Wrn1 �i YI in r Cdlll w111 la pce COlum1, wUla I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which Is combined the NEWS- PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa. County of Orange. State of California, and that a Notice of Inviting Bids of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for two times consecutive weeks to wit the issue(s) of December 23, 24 8 198_ 198— 198_ 198- 198_ I declare, under penalty of perjury, that the foregoing is true and correct. Executed on December 24 , 198 8 at Cos Mesa, C4hfornia. ignatur G h °� 40 PUBLIC NOTICE NOTICE INVITING Bros Sealed bids may be re- celved at the office of the City Clerk, 3390 Newport Boulevard, P.O. Box 1768, Now 961`11 Beach, CA 92658-8915 until 11:00 a.m. on the 12th day of January, 1988, at Which time such bids shelf be opened and read for ovIld by the City I his 12th day of De- 1 . 1988. )a E. Reggio, City )active bidders may one set of of docu- it no cost at the of I" lublic Works Depert- 330 Newoprt ird, P.O. Box 1768, brt Beach, CA. Dally Pilot 1989 P200. G: r- 'f_lr.1TiCA F991 • TO: CITY COUNCIL FROM: Public Works Department SUBJECT: FINLEY TRACT STREET RECONSTRUCTION CONTRACT NO. 2462 RECOMMENDATIONS: 4tcember 12, 1988 CITY COUNCIL AGENDA ITEM NO. D -4 �Y ..I,7 ,':TY COUNCIL CITY ")I NEVRORT BEAM D ESCn 12 19E8`8 1. Hold public hearing to hear protests from anyone who does not desire the improvements. 2. Close public hearing. 3. Direct staff to continue the process of constructing P.C.C. improvements where none exist using the procedure of Chapter 27 of the Improvement Act of 1911. 4. Authorize the City Manager to execute an Agreement for Non - Standard Improvements with each property owner that desires • their non - standard, non - interfering improvements to remain in the public right -of -way. 5. Approve the plans and specifications. 6. Affirm the environmental assessments. 7. Authorize the City Clerk to •at �AQ►a•Janua�,�- �,�y�- •989: DISCUSSION: This project provides for the construction or reconstruction of street, alley and storm drain improvements throughout Finley Tract; plus incidental water main replacement in Short Street. The project will improve the drainage, the enforcement of parking regulations, and the appearance, ridability and structural adequacy of streets and alleys within the tract. Staff developed contact with interested individuals from Finley Tract during the Summer of 1987 in order to discuss some of the issues which were arising during design. As a by- product of these discussions, the Finley Tract • Homeowner's Association was formed by vote of the tract's property owners. Staff has been working with the Association's directors and membership to conclude upon the following issues: 1. Undergrounding Utilities and Installing Street Lighting The Association mailed notices to property owners and held public meetings concerning proposals to underground utilities and to install street lighting, which many members felt should be done prior to, or concurrent with, the reconstruction of streets and alleys within the tract. There was not adequate support for either proposal. Subject: Finley TracRtreet Reconstruction (C -2462) December 12, 1988 Page 2 • 2. Improving Street Ends At the request of the Association, the City Council agreed to improve three street -ends as a portion of the reconstruction project. (See attached Council memo dated November 23, 1987). 3. Decidino Locations for Continuous Sidewalks The Association's directors and staff have agreed as to the most desirable locations for continuous public sidewalks within the tract. The primary concern was to complete the project with at least one continuous and safe walkway along each street within the tract. Of secondary concern was to not disrupt private improvements and to not incur unnecessary expense to property owners or to the City. The agreed locations of sidewalks are shown on attachment Sheet No. 8. Access ramps will be built at each intersection along the continuous sidewalks. 4. Constructing Initial Street Improvements • Approximately $20,000 worth of driveway approach, curb, gutter and sidewalk within Finley Tract have not been constructed by adjoining property owners. As a result of City Council direction, staff has notified the property owners to construct in accordance with Chapter 27 procedures. (See attached Council memo dated November 14, 1988 and letter to Property Owner dated November 16, 1988). The estimated cost for constructing curb and gutter is $15.00 per lineal foot. Sidewalk construction is approximately $3.00 per square foot and driveway approach is approximately $4.00 per square foot. Staff recommends that assessed owners be allowed to finance their assessment through the City as indicated on attachment Sheet No. 10. 5. Encroaching Non - Standard Improvements Staff has located approximately 20 parcels which have non - standard improvements that encroach into the public right -of -way. Some of these improvements are broken, sunken or otherwise defective such • that the City may be exposed to liability in the event of a trip and fall. All of the owners of property containing encroaching non - standard improvements have been mailed the previously mentioned November 16, 1988, letter, plus the attached Agreement for Non - Standard Improvements and the Notice to Contruct. The owners have the option of executing the agreement (and repairing defects to the City's satisfaction, if necessary) if they wish to retain their non - standard improvements, or constructing standard improvements in place of their non - standard improvements. The City would Subject: Finley Tract�treet Reconstruction (C -2462) December 12, 1988 Page 3 is finance the replacement costs of non - standard improvements as described in Paragraph 4 above if the property owner desires; however, the replacement costs are indeterminate at this point and, as such, have not been included in the Engineer's estimate. Also during November, the Finley Tract Homeowner's Association conducted a formal mail survey of the property owners (see attached cover letter, information sheet, and sample response) regarding the project. Of the 113 questionaires mailed, the Association received a response from 53 owners, with 51 supporting the project, 1 against the project and 1 no decision. A Negative Declaration of Environmental Impact has been prepared and a Coastal Development Permit received for the construction of the three street ends. A Categorical Exemption of Environmental Impact has been prepared for the construction of initial street improvements and the reconstruction of the remainder of the tract. The Declaration and the Exemption have been approved by the Environmental Affairs Committee, and upon affirmation, will be published in our local newspaper and filed with the County Clerk. The Engineer's estimate for all work, excluding the indeterminate cost • of replacing an owner's undesired non - standard improvements, is $500,000. Adequate funds are available in the Finley Tract Street Reconstruction, Storm Drain Improvement, Water Main Replacement, and Street and Alley Replacement accounts to award this amount. Plans and specifications for the project were prepared by staff and by Fuscoe, Williams, Lindgren and Short. Barring unforeseen delays, work may begin in February and shall be completed by June 1, 1989. The work will be performed in staged construction so that reasonable access will be maintained to each residence during all phases of construction. �// - - 12X4 Benjamin B. Nolan Public Works Director LD:so List of Attachments Council Memo dated November 23, 1987 Council Memo dated November 14,1988 Letter to property owner dated November 16, 1988 Financing option for property owners Notice to Construct Agreement for Non - Standard Improvements Homeowner's Assoc. (Cover letter & info. sheet) Property Owner's sample response Attachment Sheet No. 1 through 5 6 through 8 9 10 11 12 through 14 15 and 16 17 November 23, 1987 CITY COUNCIL AGENDA ITEM NO. F -18 TO: CITY COUNCIL BY THE CITY COUNCIL CITY OF NEWPORT BEACH FROM: Public Works Department C " 2 L NOV 2 3 198T SUBJECT: FINLEY TRACT STREET END IMPROVEMENTS A PPR OATo RECOMMENDATION: If desired, authorize paving of the Finley Tract street ends at City expense, provided the property owners pay for landscaping at the end nearest the bulkhead and for the parkway improvements. DISCUSSION: Attached is a letter dated September 15, 1987, from Carl Krauschaar, President of Finley Tract Homeowners Association, requesting that the City construct and pay for street improvements at three unimproved streets within Finley Tract. The subject streets are 34th Street, 35th Street, and 36th Street between the Rivo Alto and Finley Avenue (see attached exhibit). At the Council meeting of October 12, 1987, the letter was referred to the Public Works Department for report back. City policy ordinarily provides that the initial construction of local public street improvements is the responsibility of the adjacent property owner. At the three locations involved in the Finley Tract, the adjacent street fron- tage (Finley Street) has been improved, but the numbered street end stubs extending to the Rivo Alto channel along the side lot lines have never been improved. Because the street end stubs are not needed for vehicular access to the adjacent properties, the adjacent owners have declined to fund the paving work; and the Homeowners' Association has turned to the City in an effort to resolve the problem. The Homeowners' Association feels that paving the street ends will help to alleviate a chronic public parking shortage in the area, and will aid in controlling encroachments into the public right of way. In addition, it is felt that the work would be esthetically beneficial. The staff concurs in these opinions. The street ends have a right -of -way width of thirty feet, and a pro- posed paved width of twenty feet. Thus parking could be provided on one side ( only. The length of the street ends will allow for three or four parking spa- ces, plus a short landscaped area at the end nearest the bulkhead on the Rivo Alto channel. It is proposed that sidewalks not be constructed as there is no need to accommodate pedestrians. Landscaping -7 the parkways and the unpaved area next to the bulkhead would be done by the adjacent property owners and /or the Homeowners' Association. A sketch of a typical street end is attached for reference. 1. 0 0 November 23, 1981 Subject: Finley Tract Street End Improvements. Page 2 • The estimated cost of paving and curbs is $8,000 each for the 35th and 36th Street ends and $6,000 for the 34th Street end, or a total of $22,000. If approved, the street end work should be combined with the currently budgeted project for street reconstruction and drainage improvements in the Finley tract. Plans for this work are being prepared, and the project should be ready for construction next spring. Existing funding does not include an allowance for the street end work, thus a budget amendment appropriating the additional funds would be presented for Council consideration at the time the !Be s are approv�a�orization to advertise for bids is obtained. njamin B. Nolan Public Works Director BBN:jd Att. • r� U 2, v «fl. F -4(a)/ FINLEY TRACT HOMEOWNERS ASSOCIATION 3507A Finley 1 $ Newport Beach, California 92663 �p September 15, 1987 .,, M arm � "SEE 2 3"!� a Honorable John Cox, Mayor' !_o cb+ Members of the City Council � / City of Newport Beach 3300 Newport Blvd. F Newport Beach, California 92663 Re: FINLEY TRACT STREET RECOJSTRUCTION (C -2462) Dear Mayor Cox and Members of the City Council: Our newly formed homeowners group has been meeting with you Public Works Staff concerning the above captioned project which has been budgeted for this fiscal year. We are all very excited about the prospects of having some work done in our area, which we all believe to be long overdue. However, there is one matter of concern which we would like to bring to your attention. This matter concerns the street ends at Finley and 34th, 35th, and 36th, respectively. None of these three street ends were improved when this tract was developed many years ago. Existing City policy is that the owners of adjoining properties must pay for any improvements to such areas. In our particular situation, we firmly believe that such improvements ought to be undertaken at City expense. We are making that request at this time and would appreciate your help in adding this item to the current project. Our rationale for requesting City assistance basically turns on the fact that we have a serious public parking shortage in our area, one that could be considered in the same light as Newport Island. The improvements to the street, ends could provide a number of critically needed parking spaces in the general area. Furthermore, improvements to the street ends would end the problem of encroachments into the public right of way once and for all. We believe this to be important. We hope that you will give this request tion. Sincerely Carl Kraushaar, President Finley Tract Homeowners Association your serious considera- C 00 000000 0 3. • • • O F J Q ZP 4 419 rc 421 6/9 � 41y w15. WI, 409- •607• 409 40f SHORT 514 S/S f� SI/• 504 607• • GOS- So9• •SO/ FINLEY RIVO ALTO EXISTING IMPROVED STREET END ® EX /STING UNIMPROVED STREET END ° 1 SCALE CITY OF NEWPORT BEACH DRAWN---R---G- DATE 9 2 8T PUBLIC WORKS DEPARTMENT APPROVED FINLEY TRACT PUBLIC WORKS STREET RECONSTRUCTION _ �V�I01T +, FF I 0 0 FMLEY s 4 A0,44ES & ?O'ZVAw i (j Z%owe69 1101 AVE.* I I I I I ( L_ L_ I I .L h sl 1 b h a Exiyl. ALa.Mi�va.M� CITY OF NEWPORT BEACH DRAWN R.G. DATIE 13'13.87 PUBLIC WORKS DEPARTMENT N"OVED TYPICAL STREET PUBLIC WORKS DIRECTOR — END EXHIBIT 5. iz 0 Oovember 14, 1988 • TO: CITY COUNCIL FROM: Public Works Department CITY COUNCIL AGENDA BY THE CITY COUNCILTEM NO. F -10(a) CITY OF NEWPORT BEACH NOV 141988 APPROVED SUBJECT: FINLEY TRACT STREET CONSTRUCTION - CONTRACT NO. 2462 RECOMMENDATIONS: 1.A. Direct the staff to use the procedure of Chapter 27 of Improvement Act of 1911 to complete construction of P.C.C. curb, gutter, and sidewalk where none exists, and B. Schedule a public hearing for 7:30 P.M. on December 12, 1988, to hear and pass upon a report by the Public Works Director on the cost of the construction, together with any objections or protests from anyone who does not desire these improvements; OR 2. The City absorb the construction cost for all assessments per Chapter 27. DISCUSSION: Chapter 27 of the Improvement Act of 1911 provides a procedure that can be used by the City to.complete improvements where there are no existing improvements. Under this procedure, the City may require the owners of property abutting unimproved portions to complete the improvements. If the owners fail to do so within 60 days after notice by the City, the City may cause the work to be done, and the cost made a lien on the properties. The procedure is as follows: 1. If improvements have been completed in front of 50% of the frontage in a block, or if the City Council on its own motion orders the property owner to do so, the superintendent of streets may order the owners of property to construct improvements adjacent to their property. 2. The notice to construct shall specify that the improvements be constructed within 60 days after the date of the notice. The notice • also specifies a time and place for a public hearing on the notice to construct. 3. After the close of the public hearing, if the property owners do not complete the improvements within 60 days after the date of the notice, the City acquires jurisdiction to construct the improvements at the expense of the owner of the property. 6, Subject: Finley Tra #treet Reconstruction (C -2462) November 11, 1988 Page 2 4. The City constructs the improvements. 5. The superintendent of street spreads the assessments and notifies the property owners of the time and place for a public hearing on the cost of the improvements. 6. The City Council may in its discretion allow the cost of the improvements to be paid over a period of years at a rate of interest established by the City Council. 7. After the confirmation of the assessments by the City Council and the close of the public hearing, the property owners have five days to pay their assessments. A lien will then be placed on any property for which the assessments have not been paid or for which the property owners have not signed an agreement to pay which will be recorded. An alternative to assessment per Chapter 27 is to have the City absorb the construction cost. This would eliminate a considerable amount of paper work, staff time, and property owners' opposition towards the project if properties are to be assessed. Some property owners have indicated a reluctance to pay for any • assessments. However existing City policy provides that it is the property owners responsibility to fund the cost of curb and sidewalk adjacent to the property. The field review has shown that approximately $20,000 worth of street improvements adjacent to approximately 40 properties have not been built according to City policy (see attached exhibit). The majority of these properties do not have curbs, gutters or sidewalks built to City standards. The remaining properties have non - conforming improvements (e.g. loose brick paving), some of which could result in trip and fall liability if not corrected. A more detailed staff report and exhibits will be provided for the December 12 public hearing. The project is scheduled for Spring of 1989 and is estimated to require approximately 4 months to construct. c ' �? Benjamin B. Nolan I Public Works Director • GW:so Attachment 7. • / 1 �J O 4 Ir 4 �41i• 0'�2r• 10 6/9 `l %'607- 1 0. 60$. 0'603• 0.&Ot. SHORT ® Si9• S/T Si /• • 504• •sOT O 505- 0503• �S0 /• y � 0 0 T I/+5/6• RIVO 50e� 400 Sot 5�. • O LEGEND INDICATES PROPERTIES WITH EXISTING ENCROACHMENTS/ NON - CONFORMING IMPROVEMENTS ILE, BRICKS, WALLS, ETC.) REQUIRING REMOVAL, RECONSTRUCTION \ OR EXECUTION OF AN AGREEMENT FOR NON - STANDARD IMPROVEMENTS. X INDICATES WORK REQUIRING ASSESSMENT OF ADJACENT PROPERTY OWNER I OWNER PAYS FOR THE CONSTRUCTION OF CURB, GUTTER AND SIDEWALK IF THERE IS NO EXISTING CURB, GUTTER AND SIDEWALK BUILT TO CITY STANDARDS) PROPOSED P.C.C. SIDEWALK OR EXISTING SIDEWALK WHICH MAY REMAIN IN PLACE.. Wo� \ x'•406• �!G 445\ •coif• '( 'S/9• •5/7 SB •504• Sor � SoI S F• M C7 \w S F- I 11 1 L 1� L I L N 1fa-3 ALTO 'I CITY OF NEWPORT BEACH DRAWN RG' DATE PUBLIC WORKS DEPARTMENT APPROVED FINLEY TRACT PUBLIC WORKS STREET RECONSTRUCTION DRAWING NO. EXHIBI SCALE s. • • • November 16, 1988 iIR CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3311 TO: Kane, Mike 604 36th Street Newport Beach., CA 92663 RE: 60436th Street, Newport Beach, CA 92663 SUBJECT: Finley Tract Street Reconstruction (C -2462) A� v Dear Property Owner: This project provides for the construction or reconstruction of street and alley improvements throughout Finley Tract. The improvements will improve drainage, reduce exposure to trip and fall liability, allow better enforcement of parking regulations, and enhance the appearance, ridability and structural adequacy of streets and alleys within the Tract. The work is scheduled for construction in stages during Spring of 1989, and will cost approximately $500,000. City policy provides that the initial construction of street and alley improve- ments is the responsibility of the adjoining property owner. Our field review of Finley Tract discovered approximately 60 parcels where street or alley improvements are nonexistent or defective, or where private improvements encroach into the public right of way. At many parcels, sidewalks and /or driveways, curbs and gutters have either not been built or are nonstandard (i.e., not built according to City standards). Some of the nonconforming improvements are also defective (e.g., cracked, displaced, loose, etc.). It is the defective or nonstandard improvements which cause the exposure to trip and fall liability mentioned above. Accordingly, the City intends to construct the nonexistent street improvements, to reconstruct defective improvements, and to remove encroaching private improvements within the public right of way as a portion of the street and alley project. We have noted the following deficient or defective or encroaching improvements within the public right of way adjacent to your parcel: [� 1. Incomplete or nonexistent curb, gutter or sidewalk. A "Notice to Construct" is enclosed as required by law. [� 2. Nonstandard and /or defective curb, gutter or sidewalk. A "Notice to Construct" is enclosed as required by law. ( 6)YOUTFD Lift° /CKf ) Q 3. Encroaching private improvements which interfere with construction. 3300 Newport Boulevard, Newport Beach 9• • p ' Finley Tract Street Reconstruction November 16, 1988 Page 2 The estimated contract cost to correct the nonexistent, defective and /or encroaching improvements adjacent to your parcel is $ _3 2 4- These costs are to be borne by you. Costs to reconstruct streets and alleys, plus sidewalks, curbs and gutters which already conform to City standards, will be borne by the City. The City Council has scheduled its meeting of December 12, 1988, to hold a public hearing upon the project, and in particular, the estimated costs to contract for items 1 throug! 3 mentioned above. If upon completion of the public hearing the City Council reaffirms that adjacent property owners shall construct, your construction must commence within 60 days after the date of the attached "Notice to Construct ". If the work is not begun within the 60 days, the City will automatically include your work in the tract reconstruction contract and the cost of your work shall be a lien on your property upon completion of the project. As an alternative, if you 1) own property which has improvements in the public right of way that do not conform to the City standards nor interfere with the • City's construction, and 2) desire to retain, repair and hold the City harmless from liability associated with the nonstandard improvements, and 3) execute the attached agreement and furnish the required certificate of liability to the City by February 1, 1989, then the City will permit your nonstandard improvements to remain. You must, however, reconstruct nonstandard improvements such as loose brick paving, etc. in a manner acceptable to the City by February 1, 1989 in order to take advantage of this alternative. The City will issue encroachment permits without fees for this purpose. Please contact the Project Engineer to determine minimum construction requirements for nonstandard improvements that you wish to remain adjacent to your property. Encroachments which do interfere with construction, such as mailboxes, planters, trees, etc. shall be removed by the owner prior to construction; otherwise, the City's contractor will clear the obstruction and place salvageable material on the owner's property. • Please note that we have not attached an agreement for nonstandard improvements, nor a "Notice to Construct ", if those conditions do not exist at your property. If there are any questions regarding the content of this letter, or if you wish to obtain an encroachment permit to reconstruct brickwork, etc., feel free to ccontact the Project Engineer, Gilbert Wong, of my department at (714) 644 - 3311. Benjamin B. Nolan Public Works Director GW:dw n • • • t • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3311 To Property Owners Receiving "Notice to Construct ": In past assessment projects performed by the City, the City Council has offered a financing option as a method to repay the final assessed cost. For assessment work to be performed in Finley Tract, staff intends to recommend to City Council, at its December 12, 1988 meeting, that the following financing option be offered: Final Assessed Cost Interest Rate Term less than $1,000 8% 3 years more than $1,000 8% 5 years r Benjamin B. Nolan Public Works Director LD:dw 3300 Newport Boulevard, Newport Beach !0. • 11] p }` 0 U T0: Kane, Mike � 604 �` 36th Street Newport Beach, CA 92663 {,,.. isSUBJECT: Property located in Lot 3 of Block 635 , Finley Tract ASSESSOR'S PARCEL NO. 423 -084 -2 YOU ARE HEREBY NOTIFIED to construct to City standard Portland cement concrete /sidewalk / �wwmi adjacent to your property located at ` t S't reet Newport Beach. The P.C.C. improvements shall be constr,.�ted per the following City of Newport Beach standards: 1) Type "A" curb and gutter per C.N.B. Std. 182 -L, 2) sidewalk per C.N.B. Std. 180 -L, and 3) driveway approach per C.N.B. Std. 163 -L. If construction is not commenced within 60 days after the date this notice is given and diligently and without interruption prosecuted to completion, the City shall cause the work to be done, and the cost of the work shall be a lien or the property. At the hour of 7:30 P.M. on the 12th day of December 1988, the City Council will hear and pass upon objections or protests, if any, which may be raised by any property owner or other interested person. The decision of the City Council shall be final and conclusive. The actions described above are being taken under authority of Chapter 27 of the Improvement Act of 1911, Sections 5870 and following, of the Streets and • Highways Code of the State of California, which permits the Superintendent of Streets to notify the owners of property abutting unimproved portions of a public right of way to construct public improvements in said public right of way when public improvements have previously been constructed adjacent to more than 50% of the frontage in a block. If there are any questions, please call Gilbert Wong of the Public Works Department at (714) 644 -3311. .•� t • � � /nth e Benjamin B. Nolan Public Works Director and Street Superintendent City of Newport Beach �� • r � • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY CLERK CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 Space above this line for Recorder's use only. AGREEMENT FOR NON - STANDARD IMPROVEMENTS TRACT THIS AGREEMENT, made and entered into this day of 198_, by and between whose mailing address is Newport Beach, California, 92663, hereinafter referred to as "OWNER" 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 "; W I T N E S S E T H WHEREAS, OWNER has allowed to be constructed certain improvements (hereinafter "nonstandard improvements ") within the public right -of -way adjacent to OWNER's property, Lot , Block , of Canal Section as shown in Book 4, Page 98, of Miscellaneous Maps and Records of Orange County, California, with street address known as and WHEREAS, said non - standard improvements may interfere with CITY'S ability to construct, operate, maintain, and replace CITY facilities within the public right -of -way; and WHEREAS, said improvements may interfere with the general public's ability to freely use the public right -of -way for its intended use; and WHEREAS, CITY desires to condition approval of said non- standard improvements to remain; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to 1 !2. 0 permit OWNER to permit said non - standard improvements to remain within the public right -of -way; and • NOW, THEREFORE, in consideration of their mutual interests, the parties hereto agree as follows: 1. It is mutually agreed that the non - standard improvements and appurtenances within the public right -of -way adjacent to OWNER's property are defined in Exhibit A which is attached hereto and incorporated herein by this reference. 2. OWNER shall maintain the non - standard improvements in accordance with general prevailing standards of maintenance and in conformance with plans and specifications to be approved by City Building and Public Works Department and shall pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require OWNER to maintain, replace or repair any CITY -owned pipeline, conduit or cable located in or under the non- standard improvements. 3. CITY and OWNER agree that the non - standard improvements shall be removed from the public right -of -way if either of the following occur: • a. The City Council determines that it is in the best interests of the public to have the non - standard improvements removed from the public right -of -way; or b. The CITY is required to enter into the Public right - of -way owned by CITY to exercise its primary rights associated with the public right -of -way, including, but not limited to the maintenance, removal, repair, renewal, replacement or enlargement of the existing or future facilities. 4. The following is the procedure to be followed if removal of the non - standard improvements is required: (i) CITY shall notify OWNER of its intention to accomplish such work, if an emergency situation does not exist. (ii) OWNER shall be responsible for arranging for any renewal or restoration of the non - standard improvements affected by such work by CITY; • (iii) CITY agrees to bear the portion of the costs solely allocated to any removal of the non - standard improvements. (iv) OWNER agrees to pay all costs for renewal, restoration or replacement of the non - standard improvements. 5. OWNER shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and 2 12 -A 0 0 0 against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, • regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to the construction, use, maintenance, repair or renewal of the non - standard improvements and use of the public right -of -way for non - standard improvements. 6. OWNER shall furnish CITY with certificate of liability insurance on or before the commencement of the term of this Agreement showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with minimum coverage as shown below. Said insurance shall cover all loss, damage, liability, claims, suits, costs and expenses arising from or in any manner connected to the construction, use, maintenance, repair or renewal of the non- standard improvements, use of said public right -of -way for non- standard improvements and all responsibilities of OWNER under this Agreement. It is agreed that OWNER shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to CITY and licensed to do insurance in • the State of California. Minimum Liability Insurance Coverage Comprehensive general coverage that has a minimum liability limit of $500,000. • OWNER agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general liability insurance, that OWNER shall look solely to its insurance for recovery. OWNER hereby grants CITY, on behalf of any insurer providing comprehensive general liability insurance to either OWNER or CITY with respect to the services of OWNER herein, a waiver of any right of subrogation which any such insurer of said OWNER may acquire against CITY by virtue of the payment of any loss under such insurance. 7. OWNER agrees 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 land whether fee or otherwise, and shall 3 13. • r, 0 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 executed on the day and year first above written. APPROVED AS TO FORM: CITY ATTORNEY 4 CITY OF NEWPORT BEACH, a municipal corporation By: Mayor OWNER: 1'7)_Ae _ 0 STATE OF CALIFORNIA ) ) ss. • COUNTY OF ORANGE ) On , 1988, before me, the undersigned, a Notary Public in and for the State, personally appeared known to me to be the Mayor of the City of Newport Beach and , known to me to be the City Clerk of the City of Newport Beach, known to me to be the persons whose names arb subscribed to the within instrument, and acknowledged to me that they executed the same. WITNESS my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On , 1988, before me, the undersigned, a • Notary Public in and for said State, personally appeared and , known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is (are) subscribed to the within instrument and acknowledged that he /she executed the same. WITNESS my hand and official seal. r� J Notary Public in and for said State 61 {4. r FINLEY TRACT HOMEOWNER'S ASSOCIATION • C/O CARL KRAUSHAAR 3507 Finley Newport Beach, California Dear Fellow Property Owner: On Thursday, October 26, 1988, Buzz Person and I met with City Councilman Don Strauss and with the staff members of the Public Works Department to discuss the street improvement project which is planned for our tract. As a result of that meeting, the Public Works Department has agreed to attempt to place the project on the City Council Agenda for City Council Meeting of December 12, 1988. This would give the Public Works Department enough time to award the contract to do the proposed work this coming Spring. We asked the Public Works Department to prepare a description of the project so that we could send it to you so that you would understand clearly what is proposed. That description is enclosed with this notice along with a map from the Public Works • Department which describes where they propose to repair or inslerffsidPwalks. As you can see from the enclosed notice we will begetting new streets surfaces, i new concrete alleys, replacement of the water maiKand repairs to all existing curbs, gutters, and sidewalks. In areas where there is sidewalk proposed where none exists, the adjoining property owner will be asked to pay for the new sidewalk. The cost of this for a typical 30' wide lot is about $400. The law provides that this may be made over a period of time if the property owner finds it to be a hardship. It will be beneficial for the community to support this before the City Council when the matter is heard if we are interested in having the project finished this year. We have therefore enclosed a statement for you to sign indicating whether or not you support or oppose the project. If for some reason you do not support the project, we would appreciate a statement of your reasons. Please return the statement as soon as possible because the City Staff has indicated that they would like to have our responses by November 15, 1988. f you have any questions, please call me, Carl Kraushaar, at 675 -4688 or Buzz Person at 673 -9201. • Sincerely, . jICL�� a�1cCIL�I-tdk.t 1 Carl Kraushaar OF Rr �. pUgr� Np� 0 �6r 719$8 in, r • FINLEY TRACT STREET RECONSTRUCTION CONTRACT NO. 2462 The proposed work within Finley Tract includes the following: 1. Replacement of a water main in Short Street; 2. Construction of storm drain improvements along Finley Avenue, Clubhouse Avenue and 34th Street; 3. Construction of street improvements in 34th, 35th and 36th Street ends into The Rivo Alto; 4. Reconstruction of streets and alleys with gutter slopes that will • drain water away to storm train or street end inlets; and 5. Construction of additional sidewalks and replacement of defective sidewalks throughout the Tract except along the canal side of 36th Street. Where sidewalk does not exist, or where the sidewalk is non - standard and defective, the adjoining property owner will be assessed the cost of sidewalk construction. • Barring unforseen delays, the contract will be performed over a 3 -month period during the Spring of 1989. The work will be split into phases so that reasonable access will be maintained to each residence. The Association and the City will be attempting to locate additional parking areas for the use of residents who cannot access their garages during certain phases of construction. /6. 0 0 FINLEY TRACT HOMEOWNER'S ASSOCIATION • C/O CARL KRAUSHAAR 3507 Finley Newport Beach, California CITY COUNCIL CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH, CALIFORNIA 92663 RE: FINLEY TRACT IMPROVEMENT PROJECT DEAR COUNCILMEMBERS: _ I FULLY SUPPORT THE PUBLIC WORKS PROJECT AS DETAILED BY THE PROJECT DESCRIPTION. I DO NOT SUPPORT THE ABOVE PROJECT. MY REASONS ARE • STATED AS FOLLOWS: 0 13 yJ-- wgV ICS 11ka 4-z) fie' 4� Cw Ty 10CC7 V itCl:l, ��c��15 �iC nc, O✓1 C uv? W, PRINTED NAME SIGNATURE ERTY ADDRESS '</m if - ADDRESS � �7 h Cc? Z �iOC� iii r )C �L�F GUso - i dtE 2 vo y2 64- 0 17 • 6ovember 14, 1988 CITY COUNCIL AGENDA %>_l L, ;� „y ; `ITEM NO F -10(a) Cflf� 0; B'EAC! TO: CITY COUNCIL NOV 14 1988 • _ASP rI FROM: Public Works Department SUBJECT: FINLEY TRACT STREET CONSTRUCTION - CONTRACT NO. HEW> C"- RECOMMENDATIONS: I.A. Direct the staff to use the procedure of Chapter 27 of Improvement Act of 1911 to complete construction of P.C.C. curb, gutter, and sidewalk where none exists, and B. Schedule a public hearing for 7:30 P.M. on December 12, 1988, to hear and pass upon a report by the Public Works Director on the cost of the construction, together with any objections or protests from anyone who does not desire these improvements; OR 2. The City absorb the construction cost for all assessments per • Chapter 27. DISCUSSION: Chapter 27 of the Improvement Act of 1911 provides a procedure that can be used by the City to complete improvements where there are no existing improvements. Under this procedure, the City may require the owners of property abutting unimproved portions to complete the improvements. If the owners fail to do so within 60 days after notice by the City, the City may cause the work to be done, and the cost made a lien on the properties. The procedure is as follows: 1. If improvements have been completed in front of 50% of the frontage in a block, or if the City Council on its own motion orders the property owner to do so, the superintendent of streets may order the owners of property to construct improvements adjacent to their property. 2. The notice to construct shall specify that the improvements be constructed within 60 days after the date of the notice. The notice also specifies a time and place for a public hearing on the notice to • construct. 3. After the close of the public hearing, if the property owners do not complete the improvements within 60 days after the date of the notice, the City acquires jurisdiction to construct the improvements at the expense of the owner of the property. U • • Subject: Finley Tracoreet Reconstruction (C -2462) • November 11, 1988 Page 2 4. The City constructs the improvements. 5. The superintendent of street spreads the assessments and notifies the property owners of the time and place for a public hearing on the cost of the improvements. 6. The City Council may in its discretion allow the cost of the improvements to be paid over a period of years at a rate of interest established by the City Council. 7. After the confirmation of the assessments by the City Council and the close of the public hearing, the property owners have five days to pay their assessments. A lien will then be placed on any property for which the assessments have not been paid or for which the property owners have not signed an agreement to pay which will be recorded. An alternative to assessment per Chapter 27 is to have the City absorb the construction cost. This would eliminate a considerable amount of paper work, staff time, and property owners' opposition towards the project if properties are to be assessed. Some property owners have indicated a reluctance to pay for any assessments. However existing City policy provides that it is the property owners responsibility to fund the cost of curb and sidewalk adjacent to the property. The field review has shown that approximately $20,000 worth of street improvements adjacent to approximately 40 properties have not been built according to City policy (see attached exhibit). The majority of these properties do not have curbs, gutters or sidewalks built to City standards. The remaining properties have non - conforming improvements (e.g. loose brick paving), some of which could result in trip and fall liability if not corrected. A more detailed staff report and exhibits will be provided for the December 12 public hearing. The project is scheduled require approximately 44� months to c � �''rrwyl Benjamin B. Nolan Public Works Director GW:so Attachment for Spring of 1989 and is estimated to construct. u le : 3 �v as 2P (� •421 W.,- 1 '0.007- p q Q S/9• S/T S/S• •Sin SO4• 607M 0 Soy 0509• N.W. LEGEND I RIVO ALTO CITY OF NEWPORT BEACH DRAWN R.G, DATE _ PUBLIC WORKS DEPARTMENT APPROVED FINLEY TRACT PUBLIC WORKS STREET RECONSTRUCTION. DRAWING ND. EXHI 0 100 L � SCALE IT November 23, 1987 CITY COUNCIL AGENDA ITEM NO. F -18 • TO: CITY COUNCIL BY THE CITY COUNCIL CITY OF NEWPORT BEACH FROM: Public Works Department ' 2 V62- NOV 2 3 198T SUBJECT: FINLEY TRACT STREET END IMPROVEMENTS A PPR 01771) RECOMMENDATION: If desired, authorize paving of the Finley Tract street ends at City expense, provided the property owners pay for landscaping at the end nearest the bulkhead and for the parkway improvements. DISCUSSION: Attached is a letter dated September 15, 1987, from Carl Krauschaar, President of Finley Tract Homeowners Association, requesting that the City construct and pay for street improvements at three unimproved streets within Finley Tract. The subject streets are 34th Street, 35th Street, and 36th Street • between the Rivo Alto and Finley Avenue (see attached exhibit). At the Council meeting of October 12, 1987, the letter was referred to the Public Works Department for report back. City policy ordinarily provides that the initial construction of local public street improvements is the responsibility of the adjacent property owner. At the three locations involved in the Finley Tract, the adjacent street fron- tage (Finley Street) has been improved, but the numbered street end stubs extending to the Rivo Alto channel along the side lot lines have never been improved. Because the street end stubs are not needed for vehicular access to the adjacent properties, the adjacent owners have declined to fund the paving work; and the Homeowners' Association has turned to the City in an effort to resolve the problem. The Homeowners' Association feels that paving the street ends will help to alleviate a chronic public parking shortage in the area, and will aid in controlling encroachments into the public right of way. In addition, it is felt that the work would be esthetically beneficial. The staff concurs in these opinions. The street ends have a right -of -way width of thirty feet, and a pro- posed paved width of twenty feet. Thus parking could be provided on one side only. The length of the street ends will allow for three or four parking spa- ces, plus a short landscaped area at the end nearest the bulkhead on the Rivo Alto channel. It is proposed that sidewalks not be constructed as there is no need to accommodate pedestrians. Landscaping-7 the parkways and the unpaved area next to the bulkhead would be done by the adjacent property owners and /or the Homeowners' Association. A sketch of a typical street end is attached for reference. o,� 0 0 November 23, 1987 Subject: Finley Tract Street End Improvements Page 2 • The estimated cost of paving and curbs is $8,000 each for the 35th and 36th Street ends and $6,000 for the 34th Street end, or a total of $22,000. If approved, the street end work should be combined with the currently budgeted project for street reconstruction and drainage improvements in the Finley tract. Plans for this work are being prepared, and the project should be ready for construction next spring. Existing funding does not include an allowance for the street end work, thus a budget amendment appropriating the additional funds would be presented for Council consideration at the time the pl s are approved �orization to advertise for bids is obtained. Benjamin B. No Public Works Director BBN:jd Att. • • _• �• Ci�. F -4(a)/ FINLEY TRACT HOMEOWNERS ASSOCIATION 3507A Finley 1 2 Newport Beach, California 92663 rp September 15, 1987 ,,, t m Honorable John Cox, Mayor !,o Cbd Members of the City Council City of Newport Beach 3300 Newport Blvd. Newport Beach, California 92663 Re: FINLEY TRACT STREET RECONSTRUCTION (C- 2462). Dear Mayor Cox and Members of the City Council: Our newly formed homeowners group has been meeting with you Public Works Staff concerning the above captioned project which has been budgeted for this fiscal year. We are all very excited about the prospects of having some work done in our area, which we all believe to be long overdue. However, there is one matter of concern which we would like to bring to your attention. This matter concerns the street ends at Finley and 34th, 35th, and 36th, respectively. None of these three street ends were improved when this tract was developed many years ago. Existing City policy is that the owners of adjoining properties must pay for any improvements to such areas. In our particular situation, we firmly believe that such improvements ought to be undertaken at City expense. We are making that request at this time and would appreciate your help in adding this item to the current project. Our rationale for requesting City assistance basically turns on the fact that we have a serious public parking shortage in our area, one that could be considered in the same light as Newport Island. The improvements to the street ends could provide a number of critically needed parking spaces in the general area. Furthermore, improvements to the street ends would end the problem of encroachments into the public right of way once and for all. We believe this to be important. We hope that you will give this request �tion. sincereiy Carl Kraushaar, President Finley Tract Homeowners Association V. .... your serious considera- 0 00 OOODC3C3 O • • • �P 4 •Ltg• 421 •4/9 •4/5. •LOq� 4 607• .boy. 409 LO /• SHORT H J Srf r t 'Nov. •sot• p • sos• a •sos• FINLEY 9� RIVO ALTO EX /STING IMPROVED STREET END ® EX /STING UNIMPROVED STREET END SCALE CITY OF NEWPORT BEACH DRAWN DATE 8 2 ST PUBLIC WORKS DEPARTMENT APPROVED FINLEY TRACT PUBLIC WORKS STREET RECONSTRUCTION (C -2462) DRAWING No.-EXHIBIT L� FOLEY AVE IS � s + s Z 04 s' I I 4 60-44E5 QO 'zawif► x el -W14w 0 jOAGE9 .4T B.0 X* I — h I I � _ h I L1 ti m Ex/yf..OL!/.MiNa.N TilE _„_ .P / ✓O "` ALTO CITY OF NEWPORT BEACH DRAW!! R.G. DRS 13 -87 PUBLIC WORKS DEPARTMENT APPROVED TYPICAL STREET PUBLIC WORK$ MAECM END EXHIBIT