HomeMy WebLinkAboutC-9366-1 - Grant Right-of-Entry and Temporary Construction Easement for the Sunset Ridge Park ProjectGRANT OF RIGHT -OF -ENTRY AND TEMPORARY CONSTRUCTION EASEMENT
WITH NEWPORT CREST HOMEOWNERS ASSOCIATION FOR
THE SUNSET RIDGE PARK PROJECT
This Grant of Right of Entry and Temporary Construction Easement
("Agreement") is made this `= tC It day of 4, , 2010 by and between the City of
Newport Beach, a California municipal corporation, its officers, employees, agents,
invitees, contractors and subcontractors (collectively referred to as "City") and the
Newport Crest Homeowners Association, a California non-profit mutual benefit
corporation ("NCHA"), for the purposes of construction of the proposed Sunset Ridge
Park by City located at 4850 West Coast Highway, Newport Beach, CA 92663 ("SRP
Property") and for the right of entry and temporary construction easement in that portion
of land adjacent to SRP Property referred to herein as the NCHA Property, as further
described herein.
RECITALS
A. City is a California municipal corporation duly organized and validly existing
under the laws of the State of California with the power to carry on its business
as it is now being conducted under the statutes of the State of California and the
Charter of City.
B. City is desirous of securing a right -of -entry to the NCHA Property, for the purpose
of constructing boundary improvements joining and matching proposed SRP
Property improvements to the existing NCHA Property as further described below
in Section 1 ("Project").
C. It is mutually agreed upon by and between the City and NCHA (collectively
"Parties") that the City may enter upon, pass and re -pass on, over and along that
portion of land referred to as the NCHA Property as defined in Section One (1)
and as further shown and/or described on Exhibit "A" attached hereto and
incorporated by reference, for the purpose of constructing the boundary
improvements related to the City Council Approved concept plan for the SRP
("SRP Project") under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. PROPERTY
NCHA Property is defined as approximately that certain portion of land along the
NCHA's southerly boundary approximately fifteen (15) feet in width located adjacent to
the residential buildings containing condominium units commonly known as 17 thru 31
Ima Loa Court, 6 thru 15 Landfall Court, 9 thru 18 Swift Court, 17 thru 25 Encore Court
and 6 thru 14 Tribute Court, Newport Beach, CA 92663, as further described in Exhibit
"A" ("NCHA Property").
1 1 P a g e
2. PROJECT
The City shall hire a contractor to construct the SRP improvements as well as some
private improvements as shown on Exhibit A.
NCHA hereby grants to City the following rights:
A. To enter upon, to pass and re -pass over and along the NCHA Property for
the purpose of providing access and working area for the improvements
as described herein. This Agreement contains a temporary easement
only and is not an interest or estate in any property located in Newport
Crest,
B. To provide improvements to the NCHA Property including grading,
placement of compacted fill against existing NCHA retaining wall,
modification of existing roof drains and other drains, the replacement
landscaping, irrigation, property line curb and security fencing between the
buildings along the NCHA Property and other required modifications as
necessary to complete the SRP project as further depicted in Exhibit A.
The temporary construction fencing shall be a minimum of six feet (6') in
height, as measured from ground level, and covered with a new opaque
fabric or similar material extending from the base of the fence to the top of
the fence in accordance with Newport Beach Municipal Code section
15.60.020 or as approved by the City. Such temporary fence shall be
installed, to the extent feasible, in a manner City reasonably requires to
protect adjacent properties from construction activities and debris and to
safeguard public safety by restricting public access to the construction site
and to preserve the esthetics of the neighborhood and minimize
construction nuisance by screening the clutter of construction, thereby
ensuring the comfort, safety and welfare of the residents of the City
(NBMC § 15.60.010).
3. RIGHT OF ENTRY CONDITIONS
NCHA hereby grants a temporary right of entry and a temporary construction easement
to the NCHA Property with the following conditions:
A. City may enter the NCHA Property during normal business hours from 7
a.m. to 6 p.m., Monday through Friday, and 7 a.m. to 5 p.m. on Saturdays
for the purpose of constructing the improvements as described herein.
The right of entry does not include the right to engage in any material or
other equipment storage on NCHA Property, or the right to use the NCHA
Property as a staging area or construction area for improvements to be
constructed, placed or installed on the SRP Property. No trailers, toilet
facilities or other structures shall be stored on NCHA Property, and no
NCHA water, electricity or other utilities shall be utilized by the City, its
contractors, or its contractor's subcontractors with respect to any of the
work being performed on the NCHA Property or the SRP Property.
B. City shall indemnify and defend NCHA and its Officers, Directors and
agents against, and hold each of them harmless from any loss of or
damage to any property, or for any injury or death of any person
whomsoever, proximately caused in whole or in part by negligence of City,
or its contractors or its contractors' subcontractors or by any act or
omission for which the City, its contractors or its contractors'
subcontractors are liable in the exercise of the rights herein granted.
C. City represents and warrants that all of the work to be performed under
this Agreement shall be performed in a good and workmanlike manner,
free from defects in design, material, and workmanship and shall comply
will all applicable state, federal and local laws, ordinances, and
regulations. No materials related to the work shall be disposed of in
NCHA dumpsters, drains, or sewers.
D. All work shall be at the sole expense of City and without charge or
expense to NCHA or Its members.
E. City shall keep the NCHA Property free and clear of any and all liens -
related to the construction of the SRP Property , and in the event that any
lien related to the construction of the SRP Property is placed on record
against the NCHA Property, City shall immediately cause such lien, to be
released or to otherwise be bonded against by a reputable bonding
company, and the release of any such liens or payments for bonds shall
be at City's sole expense and without expense or cost to NCHA or its
members.
F. City shall provide, at its sole expense and without cost or expense to
NCHA or its members, lighted safety barriers, signs and other appropriate
warning devices at all areas of the NCHA Property and surrounding areas
where the work is being performed during the course of performance of
the work contemplated herein as may be necessary to provide for the
safety of employees and agents of City, members of NCHA, and any and
all other persons, public and private. City shall be responsible to inspect
the NCHA Property prior to use and identify and address any potentially
inadequacies or dangerous conditions that may be present in relation to
the work contemplated to be performed thereon. NCHA makes no
representations or warranties regarding the suitability, adequacy, or
condition of the NCHA Property in relation to the work City contemplates
to perform thereon.
3 1 P a g e
G. At the conclusion of each work day, City shall, at its sole expense and
without cost or expense to the NCHA or its members clean up and remove
any and all debris that may accumulate or be deposited on the NCHA
Property so as to maintain .the NCHA Property in a neat, clean, and
attractive condition. No debris shall be disposed of in dumpsters or other
trash facilities located within the Newport Crest Tract.
H. Prior to the commencement of the work, City shall provide NCHA with the
names, addresses, and telephone numbers of each contractor or sub-
contractor who will be performing work within the NCHA Property.
I. City shall advise NCHA of the date and location of commencement of the
work not less than 72 hours prior to actual commencement of the work.
J. City shall not encroach upon, pass over, improve, interfere with or cause
damage to the condominium units of NCHA homeowners without
obtaining the prior written consent of the owners of such property
interests.
With the exception of the improvements to be made on NCHA Property as
provided for herein, City shall assume the responsibility of replacing,
repairing and returning the NCHA Property back to the condition it was in
prior to the construction. Upon completion of the work, City shall repair
any and all damage to the NCHA Property and surrounding property of
NCHA or its members which in any manner whatsoever resulted from or
was related to City (and/or City's, agents, contractors, sub -contractors,
and material suppliers) performance of the work and/or ingress and
egress over the NCHA Property. Said repairs include but are not limited
to (a) filling, compacting and grading any and all affected and/or damaged
property; (b) installing, constructing, repairing and/or replacing any
damaged irrigation systems and/or drainage systems; (c) installing and/or
replacing any damaged trees, plants, bushes, turf, ground cover or other
landscaping (collectively "Landscaping") with identical species of
Landscaping, in both size and maturity, or, subject to the express written
approval of NCHA, comparable species of Landscaping, in both size and
maturity; and/or (d) repairing and/or replacing any damaged sidewalks,
streets, drives, and/or curbs.
K. City and its contractors shall not use the NCHA Property or any other
property in Newport Crest in any manner, or conduct any activities
thereon, except as expressly authorized in this Agreement.
O. Hazardous Materials. City's performance of work shall be subject to the
following:
(1) Definition of Hazardous Materials. For purposes of this Agreement,
the term "Hazardous Material' includes (i) any matter or substance defined
as a "hazardous material," "hazardous waste," "hazardous substance,"
"toxic waste," "toxic material' or "toxic substance" in Section 25501 (o) of
California Health and Safety Code, the Occupational Safety and Health
Act (OSHA) or any other applicable federal, state or local statute,
regulation, rule or ordinance or by the Environmental Protection Agency
(EPA) or any other applicable federal, state or local governmental agency;
(ii) any substance or matter which results in liability to any person or entity
from exposure to such substance or matter under any statutory or
common law theory; and (iii) any substance or matter which is in excess of
relevant and appropriate levels set forth in any applicable federal, state or
local law or regulation pertaining to any hazardous or toxic substance,
material or waste, or for which any applicable federal, state or local
agency orders or otherwise requires removal, treatment or remediation.
(2) Use of Hazardous Materials. City shall not cause or permit any
Hazardous Materials to be brought upon, stored, used, generated,
released into the environment or disposed of on, under, from or about any
property within Newport Crest (which shall include, but is not limited to,
subsurface soil and ground water), without the prior written consent of
NCHA. If City or any other person or entity retained or hired by City in
connection with the work, brings, stores, uses, generates, releases, or
disposes any Hazardous Material in Newport Crest, City shall ensure
compliance with all applicable laws and ordinances regulating such
Hazardous Material and with good business practice with respect to any
such Hazardous Material brought upon, stored, used, generated,
released, or disposed of.
4. TERM AND TERMINATION
It is understood that the period of use of such right of entry and temporary construction
easement shall exist for a period of no more than twenty four (24) months from the
award of the Public Works construction contract by the City Council. This easement
shall become null and void and shall terminate upon completion of such construction
and in any event shall cease and terminate not later than June 30, 2015.
5. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served when
delivered personally, or on the third business day after the deposit thereof in the United
States mail, postage prepaid, first-class mail, addressed as hereinafter provided.
To City: Michael J. Sinacori, Assistant City Engineer
Public Works Department
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA 92658-8915
Ph: (949) 644-3342
To Owner: Newport Crest Homeowners Association
Attn: Kris Madison
201 Intrepid Ct.
Newport Beach, CA 92663
Ph: (949) 631-0925
6. INTEGRATED CONTRACT AND CONTRACT MODIFICATIONS
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions herein. This Agreement may not
be amended or modified except by written amendment signed by both of the parties
hereto.
7. SEVERABILITY AND INTERPRETATION
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect. In the event of any ambiguity in this
Agreement, the interpretation of this Agreement shall not be resolved by any rule of
interpretation providing for interpretation against the drafter of this Agreement.
8. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating
to it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange. In the event any dispute arises under
this Agreement, the prevailing party shall be entitled to recover attorney's fees and court
costs.
9. EXECUTION
The parties have executed this Agreement in Newport Beach, California, as of the date
stated first above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
yne eauol rrrr}}
Assistant City Vrney
ATTEST:
By:
(� Lei
City
CITY OF NEWPORT BEACH,
A California Municipal Corpor tion
David Webb,
Deputy Public Works Director/City
Engineer
NCHA:
NEWPORT CREST HOMEOWNERS
ASSOCIATION, a California non-profit
public benefit corporation
By: MC4j
j Z44M
Mark Gonzalez, Presid nt
BY: OILMI 11
r ; , Corporate Secretary
Attachment: Exhibit A — NSCA Property and Proposed Improvements
7 1 P a g e
Ima Loa Court Landfall Court 1—Swift Court
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-Exhibit A 12
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Ima Loa Court Landfall Court
---------------------
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Tube steel view
fencing shall run flush
under bottom portion
of deck \
Deck
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CM/1 • under bottom portion
Paving of deck
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Landscape and Irrigation
Restoration Area
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EPTDESiGN Ima Loa & Landfall Court -Enlargement
-Exhibit A 13
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under bottom portion
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Paving
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Restoration -Area
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----------------�__
Landfall & Swift Court -Enlargement
-Exhibit A 14
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under bottom portion Restoration Area
of deck w
Paving
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'bL v e V eww Fence —ice ---Property-Line - -
EPTC E S I G N Swift & Encore Court -Enlargement
-Exhibit A 15
0XW' ort 'St
HOMEOWNERS ASSOCIATION
Mike Sinacoire
City of Newport Beach
Jan. 13, 2009
The Board of Directors of Newport Crest Homeowners Association requests that the City of
Newport Beach consider the following when planning, designing and implementing a park
at Sunset Ridge:
1. Locate the parking lot as far away from Newport Crest property as possible.
2. Gate and ock the entrance to the parking lot. Qe,
3. Do not light the parking lot. `(�S
4. Locate the restrooms as far away from Newport Crest property as possible. `la5
5. Lock the restrooms when the park is closed. - Qiiti , Ne
6. Do not light the restrooms. 0L-
7. Locate the tot lot as far away from Newport Crest as possible.
8. Build a security fence between the perimeter of the park and Newport Crest
property. `16,5
9. Eliminate the upper pedestrian entrance from Superior Ave. to the park.
10. Explore in more detail (with representatives from Newport Crest) the berm and
grading concepts.
11. If the existing sound barrier wall along the top Superior Ave. is replaced by
something else, have the height the same as the existing wall.
12. Extensive planting of height appropriate plants along the perimeter of the park and
Newport Crest.
13. Limited hours of active use of the park.
>14. Eliminate any barbeques in the design. 1/91>1
At this time, Newport Crest Board of Directors doeF not myq:nt Pimess between Newport
Crest property and Sunset Ridge Park.
The Board of Directors would consider gated and locked pedestrian access at the end of
Ticonderoga, through Banning Ranch to Sunset Ridge Park. The proximity of the walkway
around Newport Crest property would be a major consideration in approving the walkway
design.
Thank you,
Newport Crest Homeowners Asso9iat'on Board of Directors:
Mark Gonzalez, President
Sharon Boles, Vice President
Ginny Lombardi, Secretary -
Mike Rosenthal, Treasurer
Steve Porter, Member at Large
201 Intrepid Street • Newport Beach, California 92663 9 Tel: 949-631-0925 9 Fax 949- 631- 5433
NEWPORFV9CR' ES T
NEWPORT BEACH
May 6, 2014
City of Newport Beach
Mr. Andy Tran, P.E.
Senior Civil Engineer
100 Civic Center Drive
Newport Beach, CA 92660
RE: NEWPORT CREST HOMEOWNERS ASSOCIATION
Sunset Ridge Park
Dear Mr. Tran,
The Newport Crest Homeowners Association Board of Directors requests and agrees to the following
conditions regarding Sunset Ridge Park:
1. The restrooms in Sunset Ridge Park will be locked at night.
2. Two of the dirt mounds on the berm at the far west end will be lowered by 3'.
3. One dirt mound on the far east end will be lowered by 1'.
4. The City of Newport Beach to pay Newport Crest HOA $6,000 in exchange for manufacturing and
installation of rod iron fencing and gates between buildings.
Newport Crest Homeowners Association and the City of Newport Beach will continue the agreement that
the City will provide landscaping, drainage and irrigation on Newport Crest property.
The Newport Crest Board of Directors appreciates working with the City of Newport Beach during this
process.
Sincerely,
At the
Kris
cc:
Board
TH
ASSOCIATION
/ lz�-
ison, CCAM
Community Association Manager
HOMEOWNERS ASSOCIATION
201 Intrepid StreetNewport Beach, CA 92663' 949.631.0925' Fax 949.631.5433
www.NewportCrest.org
Environmental Construction, Inc.
TITLE:
HOA Fence
PROJECT:
SAC Spreading Grounds
TO:
Andy Tran, P.E.
Senior Civil Engineer
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Phone: 949-644-3315
RE:
TO:
DESCRIPTION OF PROPOSAL
Proposed Change Order
NO. 009
DATE: 4/25/2014
JOB: 262
FROM: NUMBER:
ECI is submitting a deductive change order to omit install HOA fence from ECI contract on the reference project as per the City
project manager request for the agreed amount.
Item Description Quantity Units Unit Price Tax Rate Tax Amount
00001 Install HOA Fence 1 LS-$6,000.00 ($6,000.00)
BY: Ram Mohseni
BY:
UNIT COST:
UNIT TAX:
UNIT TOTAL
ram Mohseni Andy Tran
DATE: 04-25-2014 Date:
($6,000.00)
0
($6,000.00)
Ram Mohseni
From:
Tran, Andy <ATran@newportbeachca.gov>
Sent:
Monday, April 21, 2014 4:20 PM
To:
Mike Sabzerou (msabzerou@yahoo.com)
Cc:
Ram Mohseni (rambod.eci@gmail.com); Miguel Macias (miguelmacias33@msn.com);
Puglisi, Marcus; Jennifer Bushong; Richard Vanderwood
(randerwood@eptdesign.com)
Subject:
HOA Fence
Mike,
Newport Crest accepted the $6,000 credit in lieu of the fence.
Thanks for working with them on this.
Andy