HomeMy WebLinkAboutC-2733(A) - Entry agreement for water main improvements in Back Bay & Bayside Drive•
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C
TO: CITY COUNCIL
FROM: Public Works Department
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May 22, 1989
CITY COUNCIL AGENDA
ITEM NO. F -3(b)
CI1v
M AY 2 2 1989
APPROVED__.
SUBJECT: WATER MAIN IMPROVEMENTS IN BACK BAY DRIVE AND BAYSIDE DRIVE
CONTRACT NO. 2733
RECOMMENDATIONS:
1. Approve a Budget Amendment to appropriate $129,801.00 received
from the Newport Dunes for the subject project.
2. Approve the Entry Agreement with the Newporter Resort permitting
the City's contractor to enter onto the Newporter Resort property
to construct an 8" public water main; and authorize the Mayor and
the City Clerk to execute the agreement.
DISCUSSION:
Newport Dunes was required to pay two- thirds (2/3) of the cost of the
Back Bay Drive portion of the Water Main Contract. No. 2733 which includes
construction of water mains in Back Bay Drive, Shellmaker Road and the
connection at the Newporter Resort.
The Newport Dunes has deposited $129,801.00 with the City to cover
their portion of the water main construction which must now be appropriated into
the Water Main Replacement Account (Account No. 50- 9288 -01).
The Newporter Resort has executed an Entry Agreement permitting the
City contractor to enter onto the Newporter Resort property located at 1107
Jamboree Road for the purposes of constructing a new 8" water main and
appurtenances within the water easement along the existing fire access road in
accordance with Contract No. 2733.
An exhibit is attached for reference.
• Benjamin B. Nolan
Public Works Director
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Attachment
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ENTRY AGREEMENT
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THIS ENTRY AGREEMENT is made and entered into this 02 day of
/yJ,oy , 1989, by and betwen the CITY OF NEWPORT BEACH, a
municipal corporation (hereinafter "CITY ") and THE IRVINE COMPANY,
a Michigan corporation (hereinafter referred to as "IRVINE "), and
CSL NEWPORTER, LTD., a California limited partnership (hereinafter
referred to as "LESSEE ").
W I T N E S S E T H
WHEREAS, IRVINE owns certain real property located at 1107
Jamboree Road, in the City of Newport Beach, County of Orange,
State of California, as shown on Exhibit "A" attached hereto and
by this reference made a part hereof, and hereinafter referred to
as "the premises "; and
WHEREAS, CITY desires to enter upon the premises to construct
a new water main and all appurtenances in the water main easement
along the existing fire access road.
NOW, THEREFORE, in consideration of the foregoing, the
parties hereto agree as follows:
I. Right -of -Entry
IRVINE and LESSEE hereby grant to CITY, its agents and
employees, as provided in that certain Grant of Easement between
the parties of even date herewith, the right -to -enter upon the
premises for the construction of the new water main and
appurtances in the water easement located within the fire access
road, as shown on Exhibit "A ".
Any entry by CITY upon the premises as permitted hereunder
shall be done in a reasonable way so as to cause the least
interference with the business being conducted upon the premises
or the use by IRVINE, LESSEE, or any guests or invitees; nor shall
CITY interfere with the access to and from the premises. In
addition, following any entry upon the premises, CITY shall repair
and restore the premises to its condition that existed prior to
any such entry by CITY.
II. Construction and Maintenance
Said entry permit is limited to entry for the purpose of
construction of the water main in accordance with the plans and
specifications for Contract No. 2733, and City of Newport Beach
Drawing W- 5162 -S. Said construction is for the extension of an
existing 8" water main located within the Newporter Resort
property to Back Bay Drive to connect to a new 12" water main.
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III. Term
The term of this entry permit shall continue until
construction is completed, but in no event later than July 1,
1990.
IV. Hold Harmless
IRVINE and LESSEE shall not be liable for any loss, damage or
injury of any kind or character to any person or property causes
by or arising from any act or omission of CITY or any of its
agents or employees. CITY, as a material part of the
consideration for this Agreement, hereby agrees to indemnify,
defend and hold IRVINE and LESSEE free and harmless from all
liability for any such loss, damage or injury, including
reasonable attorneys fees, caused by any act or omission of CITY
of any of its agents or employees.
V. Liens
CITY shall not suffer or permit to be enforced against the
premises covered by this Entry Agreement, or any part hereof, any
mechanics', materialmen's, contractors' or subcontractors' liens
or any claim for damages arising out of the work authorized by
this Agreement, and CITY shall pay or cause to be paid all of said
liens, claims or demands before any action is brought to enforce
the same against said land. CITY agrees to indemnify and hold
IRVINE and LESSEE and said land free and harmless from all
liability for any and all such liens, claims and demands, together
with reasonable attorneys' fees and all costs and expenses in
connection therewith. IRVINE reserves the right at any time and
from time to time to post and maintain on the premises such
notices as may be necessary to protect IRVINE and LESSEE against
liability for any and all such liens or claims.
IN WITNESS WHEREOF, the parties hereto have caused this Entry
Agreement to be executed on the day and year first above written.
ATTEST:
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CITY OF NEWPORT BEACH,
a municipal corporation
By: AA� )A���
Mayor
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APPROVED AS TO FORM:
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City Attorney
THE IRVIN MP,
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By:
Title: V' ej Presi
, a Michigan
CSL OR ER, LTD., a
ANNy`. Califo ni limited partnership
cP By: N w orter Resort, Inc., a
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Its: � ,
General Partner
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Diane Sensk
Its: Vice President
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By: 61oh( IT
Marti D. Stein
Its: Vice President
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