HomeMy WebLinkAboutC-3002 - Deferred Improvements at 226 Via Graziana40ME 6103 75
RECORDING REQUESTED AND �G !✓� �ggb! ` ° —.� — � - �- _
WHEN RECORDED RETURN TO: to ��.
I��IY Fet:!3rdKd iij vf#i.!.iai ReCCsFss
City Clerk of Orange r,,.,..i... Californiia
City of Newp r_?t Beach w;X Lee A. i•0!tinta Ae!_!:itde
Post Office Box 1768 c%;r f•. Page 1 o 5 =ees: ";
fl if
3300 Newport Boulevard
Newport Beach, CA 92659-1768
Space above this line for Recorder's use only.
DEFERRED IMPROVEMENT AGREEMENT
THIS AGREEMENT is made and entered into this ZD -r,, day of
, 19940, by and between Henry R. Fontes II and Beth A.
Fontes, husband and wife, as joint tenants, hereinafter referred to
as "OWNERS", and the City of Newport Beach, a municipal
corporation, organized and existing under and by virtue of its
charter and the Constitution and the laws of the State of
California, hereinafter referred to as "CITY";
WITNESSETH:
WHEREAS, OWNERS are the owners of real property located at 226
Via Graziana, Newport Beach, California and legally described as
Lot 781 of Tract 907 shown in map filed in book 28, pages 25
through 35, of miscellaneous maps filed on office of Orange County
Recorder, hereinafter referred to as Property, and;
WHEREAS, OWNERS have redeveloped the Property with approval of
the CITY under Building Permit Number B93-00181, and;
WHEREAS, The Newport irY LJQrI. aJeal.11 14url a.V ip (i3 V'J3e rEq4lieS OWNERS l.3
reconstruct the sewer CLEAN-OUT and SEWER LATERAL in accordance
with current CITY standards as specified in Standard Plan 406-L
which is attached as Exhibit A, and;
WHEREAS, because of financial hardship and other factors, CITY
has agreed to construct, at its sole cost and expense, the sewer
CLEAN-OUT and vertical pipe which connects to the SEWER LATERAL
that runs from the sidewalk surface to the interconnect with the
lateral (CLEAN-OUT) and to allow OWNERS to defer construction of a
the new SEWER LATERAL shown as the horizontal facility on Exhibit
A (SEWER LATERAL) for up to five years subject to posting a bond or
other acceptable security guaranteeing construction.
NOW THEREFORE the parties agree as follows:
1. CITY shall construct the CLEAN-OUT at no cost to the
OWNERS. Construction shall corxicnce withiii ninety (90) days after
the execution of this agreement;
2. OWNERS shall complete the construction of the new SEWER
LATERAL within five (5) years from the date of this agreement and,
to guarantee performance, shall post a bond or other form of
security acceptable to the CITY in the sum of $5,000;
3. OWNERS shall defend, indemnify and hold harmless the CITY
and its officers, employees and representatives from any damage,
loss, injury or claim that arises out of, or is in any way related,
to OWNERS failure to construct the new SEWER LATERAL or the
condition of the existing SEWER LATERAL;
4. In the event the OWNERS fail to construct the SEWER
LATERAL within five years, CITY shall have the absolute right to
the security posted to guarantee construction of the SEWER LATERAL
and shall have the right to enter onto OWNERS property to the
extent necessary to construct the SEWER LATERAL in accordance with
Exhibit A;
5. OWNERS agree that this written Agreement shall remain in
full force and effect from the date first written above; shall run
with the land; and shall be binding upon the heirs, successors, and
assigns of OWNERS of the above referenced Property;
6. CITY shall execute any notice of termination of this
Agreement requested by OWNERS at such time as OWNERS have installed
the SEWER LATERAL to the satisfaction of the CITY.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on ZS 1994 first above written.
Approved As To Form:
Robin Flory /
Assistant City Attorney
City of Newport Beach,
A Municipal corporation
Clarencq �,J. Turner
Mayor
Attest: Henry R. Fontes II and Beth A. Fontes
Husband n Wife as Joint Tenants
Henry R. Fontes II
Q
Beth A. Fontes
�L-- P01.
Wanda Raggio U°e�`41
City Clerk
-Z
��iVX
o VX
RECORDING REQUESTE \ND
WHEN RECORDED RETURN TO:
City Clerk's Offia � ` r, C � u._
City of Newport Beach
3300 Newport Boulevard
Newport Beach,9eA 658-116826
Recorded in the County of Orange, California
Gary L. Granville, Clerk/Recorder
No Fee
005 23015865 239690128189 2;83pm 02/23/99
T02 1 6.00 0.00 0.00 0.00 0.00 0.00
CF F"I C, E 0 F TH,E C'H* Y CLERK
CITY OF I=4S-PR6FatMe this line for Recorder's use only.
NOTICE OF TERMINATION OF EXEMPT RECORDING REQUEST PER
DEFERRED IMPROVEMENT AGREEMENT GOVERNMENT CODE 6103
Please take notice that that certain Deferred Improvement Agreement dated March 28,
1994 by and between the owners of real property located at 226 `Jia Graziana, Newport
Beach, California, legally described as Lot 781 of Tract of 907 shown in map filed in book 28,
pages 25 through 35, of miscellaneous maps filed in office of Orange County Recorder, which
Agreement was recorded as document number 94-0397635 on June 14, 1994, is hereby
terminated and of no further force and effect. This Notice is given in compliance with
Paragraph 6 of the Agreement.
}gv.
1999.
IN WITNESS THEREOF, this Notice of Termination was executed on���,.,
'
APPROVED AS TO FORM:
By:
Robin L. Clauson,
Assistant City Attorney
AT
In
LaVonne Harkless,
City Clerk
F:\cat\shared\Ag\Defer) mprove\012699.doc
CITY OF NEWPORT BEACH,
a Municipal corporation
By:
Dennis Danner,
Interim City Manager
April 11, 1994
CITY COUNCIL AGENDA
ITEM NO. J a
E
TO: Mayor & Members of the City Council
FROM: Utilities Department
SPR [ I
SUBJECT: AGREEMENT FOR DEFERRED IMPROVEMENTS APPROVED
AT 226 VIA GRAZIANA (- _ 31?-'2-
RECOMMENDATIONS:
1?-'Z
RECOMMENDATIONS:
1. Approve a "Deferred Improvements Agreement" to allow
the owner at 226 Via Granziana to defer construction of
the required sewer lateral improvements in the public
right-of-way for not more than a five years.
2. Authorize the Mayor and City Clerk to execute the
Agreement with the owner of the property at 226 Via
Granziana.
3. Authorize and direct the City Clerk to have the Agreement
recorded with the Orange County Recorder.
DISCUSSION:
The property Owners of 226 Via Granziana have recently
remodeled their residence. Under the City's Municipal Code, the Owners were
required to re -construct the sewer lateral as a condition for the remodelling
project. However, because of financial difficulties experienced by the Owners
during the remodelling project, the Owners are now unable to construct the
required sewer lateral improvements at this time. The Owners have requested
approval from the City Council to defer these improvements and agree to
enter into a "Deferred Improvements Agreement" which will allow the Owners
five years to construct the required improvements.
The principal conditions of the proposed "Deferred
Improvements Agreement" are:
1. The Owners will be responsible for the City sewer lateral
until such time as the required improvements are made
and agree to maintain the lateral and will bear all costs of
so doing.
2. The Owners agree to maintain these improvements in accord
with the generally prevailing standards of maintenance.
Page 2
226 Via Granziana
Deffeered Improvements Agreement
April 11, 1994
3. The City agrees to construct the clean-out portion of the
lateral to facilitate maintenance of the existing
deteriorated sewer lateral.
4. The Owners agree to defend, indemnify and hold harmless
the City from any damage, injury, or claim that arises out
of Owners failure to construct the new sewer lateral or the
condition of the existing sewer lateral.
The Agreement is attached as Exhibit "A" and is recommended for
approval by staff.
Jeff Staneart, P.E.
Utilities Director
JS: sdi
Attachments: 'Deferred Improvements Agreement"
STATE OF CALIFORNIA ORAN
COUNTY OF pY S.
S
On May 5, 1994 before me,
PERSONALLY APPEARED James E. Mary
personally known to me (or provided 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 to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/
their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature �� 7
10081 10/92
eNeNeePeeeeeeeeeN0lee
OFFICIAL SEAL.
N. AMYX
NOTARY PUBLIT.- CALIFORNIA
�.t
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Exp. Apr. 26, 1995
Neee".'ieeeeeeeeeeeeee+eeeee+rr•es
This area for Official Notarial Seal
STATE OF CALIFORNIA )ss.
COUNTY OF ORANGE )
On May 24, 1994
, before me, Irene Butler personally
appeared Clarence J. Turner AND Wanda Raggio personally
Y
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 to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature (st on the instrument the person (s) or the
entity upon behalf of which the persons) acted, executed the
instrument.
WITNE S my hand and official seal. E U IRE BUTLER
Comm. #1008878 �
•
NOTARYORANGE COUNTY NIA1"
(SEAL) Comm. Expires Nov. 11, 1997 -A
Notary Public in and for said State
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT f -.2F -fZ NUMBER OF PAGES f
S I GNER ( S ) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State ofti. r�
County of S) \
On �-t, ��.. a i. 19 q -1 before me, V , , r i u G- Q l „ ' y�e,t L Q
DATE NAf , TITLE OF OFFICER - E.G., 'JANE DOE, NOMY PUBLI '
personally appeared oxo (; . 0-1te» " + fie,, ,a
NAME(S)OF, NER(S)
❑ personally known to me - OR -
OFFICIAL SEAL
VIRGINIA A. VARIN
e ® NOTARY PUBLIC - CALIFORNIA
N COMMISSION # 986097 c
ORANGE COUNTY
My Commission Exp. July 20, 1997
proved to me on the basis of satisfactory evidence
to be the person(s) whose nanie(s) kp ore subscribed
to the within instrument and acknowledged to me
thattWaj` I e they executed the same in'his/PtK their
authorized capacity(ies), and that byttis,ChaUtheir
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
X:k- A ARVSIGNATURE OF NOT
— OPTIONAL SECTION —
CAPACITY CLAIMED BY SIGNER
Though statute does not require the notary
to fill in the data below, doing so may prove
invaluable to persons relying on the document.
❑ INDIVIDUAL
❑ CORPORATE OFFICER(S)
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
OPTIONAL SECTIO
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES 3 DATE OF DOCUMENT q y
Though the data requested here is not required by law, SIGNER(S) OTHER THAN NAMED ABOVE
it could prevent fraudulent reattachment of this form.
TITLES)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
OPTIONAL SECTIO
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES 3 DATE OF DOCUMENT q y
Though the data requested here is not required by law, SIGNER(S) OTHER THAN NAMED ABOVE
it could prevent fraudulent reattachment of this form.
Sidewalk (or alley surface)
Riser, Caulder or Fernco coupling &
stopper to be installed
6" below finshed grade.
Chisel "S" on face of concrete
curb over lateral. 3" high letter. t/4" deep.
Curb & gutter —,,\ I Finished street surface
4 aI5 z
\ 2
p 45° � c�
6 Minimum Slope: r/4" per linear foot or 2.00%
SPECIAL NOTE: Under no circumstances shall ABS pipe or
fittings be allowed!
CONSTRUCTION NOTES:
OInstall sewer cleanout cover per applicable portions of
STD -511-L. Triangular cover with "S" on top.
O2 4" (or 6") SDR -35 PVC sewer pipe with gasketed, integral
bell and spigot joints.
O3 4" (or 6") SDR -35 PVC 45* bend.
4"x 4" (or 6"x 6") SDR -35 PVC Wye branch fitting.
OS 4" (or 6") ABS stopper (where laterals are stubbed)
O6 4" (or 6") short piece, SDR -35 PVC, 6 -inches long.
O7 4" (or 6") rubber mechanical banded seal clamp. Fernco
or City approved equal.
O8 4" (or 611) private sewer pipe.
O9 8"x 4" (or 611) Wye branch fitting. SDR -35 PVC.
10 Install ABS stopper in rubber coupling. Use Mission Clay
Products stopper or approved equal.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
Sewer lateral connection
per STD -405-L
GENERAL NOTES:
1. For slope less than r/4" per foot a 6" lateral shall be used with a
minimum slope ='/a" per foot.
2. A cleanout shall be installed on all sewer lateral connections.
3. Cleanout shall be installed at property line.
4. Sewer cleanout covers shall be Brooks products No. 4TT or JAR.
No. 4T marked sewer.
5. Cleanout covers placed in sidewalks may be Brooks Products
No.1-RB and No.1-11 (concrete cover) or J.&R. No. 1-R by special
permission only.
6. Sewer cleanout riser pipe material shall be SDR -35 PVC except
where existing sewer main is VCP in which case VCP pipe and
fittings shall be used.
7. PVC shall be SDR -35 per ASTM 3034.
8. PVC pipe and fittings shall be bedded with 3/4" aggregate base
rock material.
9. Where VCP materials are used, bedding shall be standard.
10. Single family residences shall be 4" diameter all others shall be 611.
11. Saddle type connections to sewer mains are prohibitied, except by
special permission from the Utilities Superintendent. (Then only
on old concrete mains with heavy flows.)
12. Glue or solvent joints are prohibited.
Drawn: M. Dixon
APPROVED:
R.E. NO. 12806
Sewer Lateral With Cleanout I R.E. NO. 38799
DRAWING NO.
Date: September 4, 1991
PUBLIC WORKS DIRECTOR
UTILITIES DIRECTOR
STD - 406 - L
EXHIBIT "A"
4Gz1Q
insc lco
THE
GROUP
BOND NO: 1526525
INITIAL PREMIUM: $300.00
SUBJECT TO RENEWAL.
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
for
KNOW ALL MEN BY THESE PRESENTS: Sewer Lateral Improvements
That we, HENRY R. FONTES II., AND BETH A. FONTES , Husband and Wife , as Principal, and
INDEMNITY COMPANY OF CALIFORNIA, a corporation organized and doing business under and by virtue of the laws of the State
of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto
CITY OF NEWPORT BEACH
as Obligee, in the sum of FIVE THOUSAND AND N0/100
($5,000.00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and
successors, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
6f =thee .it of New ort Beach forthe property located a
WHEREAS, the above named Principal, as a condition 3df1fikeys,Ycc�fjfr�r&IyYky ,
226 VIA GRAZIANA, NEWPORT BEACH, CA
TR AC'T 9t17 T .nT 7R 1 entered into an agreement or agreements with said Obligee to complete the improvements specified in
said agreement or agreements.
NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or
agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice
to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at IRVINE
California, this 5TH day of MAY 19 94
"PRINCIPAL"
HENRY R. FONTES I. AND BETH A. FONTES
BY:
Henry R. Fonfies II, an individual
BY:
Beth A. Fo
ntes an individual
ID 113 REV. 1/91
"SURETY"
INDEMNITY COMPANY OF CALIFORNIA
BY:
James E' . Mary Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
(714)263-3300
POWER OF ATTORNEY Or
4NDENINITY COMPANY OF CALi. JRK'IA
AND DEVELOPERS INSURANCE COMPANY N2 154399
P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300
NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1996.
2. This Power of Attorney is void ` altered or if any portion is erased.
3. Tr -!s Power c` A;t r ,, , . _: �oss *� � -� i[ .s readable, the text is in browr .nn the signatcres ,re in ch, K and this notice i ,
4_ Th,s Power of Attorney sIo ;ld not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obligee's recoros
KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do E
severally, but not jointly, hereby make, constitute and appoint
***JAMES E. MARY, DAVID L. MILLER, VIRGINIA M. LOUMAN, SHELLEY E. SMITH, JOINTLY OR SEVERALLY***
the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contract
suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attorney(s)-In-Fact
power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to eac
said corporations full power of substitution and revocation; and all of the acts of said Attorney(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed.
The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship:
Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, le
bonds, insurance company qualifying bonds, self -insurer's bonds, fidelity bonds or bail bonds.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMN
COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attori
qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any As
tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such PowE
Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertakin(
contract of suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their resp
tive Presidents and attested by their respective Secretaries this 1st day of April, 1993.
INDEMNITY COMPANY OF CALIFORNIA
L2�1
By • 0"Al
Da F. Vincenti, Jr.
President
ATTEST
By A��ezez
Walter Crowell
Secretary
STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE )
DEVELOPERS INSURANCE COMPANY
0By V r `
Dan F. Vincenti, Jr.
CtOPP ORr o� President
i OCT. 5. C
1967 n ATTEST
By—
Walter Crowell
Secretary
P5 \N S URq,
� c4FOR�
0
MAR 27,
n 1979
On April 1, 1993, before me, Tiresa Taafua, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or provided to me on the basis of satisfac
evidence) to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their author:
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument.
WITNESS my hand and official seal.
Signature 4
The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does her
certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respec
Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this 5TH day of MAY '199 4
INDEMNITY COMPANY OF CALIFORNIA ?ANy DEVELOPERS INSURANCE COMPANY
Od O OINSURq
c l
By OCT. 5. „ By - `.!�`� --- "' MAR. 27,
L.C. Fiebiger d ± Is67 \' ao L.C. Fiebiger n isle
Senior Vice President �� rrFOA♦ �`Senior Vice President °<'FogPp
ID -310 REV. 4/93
ol
OFFICIAL SEAL
TIRESA TAAFUA
V
NOTARY PUBLIC - CALIFORNIA
♦
PRINCIPAL OFFICE IN
�
ORANGE COUNTY
•
My Commission Exp. Aug. 4, 1995
NN/H
CERTIFICATE
The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does her
certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respec
Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this 5TH day of MAY '199 4
INDEMNITY COMPANY OF CALIFORNIA ?ANy DEVELOPERS INSURANCE COMPANY
Od O OINSURq
c l
By OCT. 5. „ By - `.!�`� --- "' MAR. 27,
L.C. Fiebiger d ± Is67 \' ao L.C. Fiebiger n isle
Senior Vice President �� rrFOA♦ �`Senior Vice President °<'FogPp
ID -310 REV. 4/93