HomeMy WebLinkAboutC-3562(A) - 2005-2006 Various City Sewer Main Improvements and Big Canyon Trunk Sewer Replacement - construction access agreement for the constructionCONSTRUCTION ACCESS AGREEMENT WITH
THE BIG CANYON COUNTRY CLUB
FOR THE BIG CANYON TRUNK SEWER IMPROVEMENT PROJECT
THIS CONSTRUCTION ACCESS AGREEMENT ( "Agreement ") is made and
entered into as of this Aoft day of April, 2006, by and between the CITY OF
NEWPORT BEACH, a Municipal Corporation ( "City "), and Big Canyon Country Club, a
California non - profit mutual benefit corporation (the "Owner"), and is made with
reference to the following:
RECITALS
WHEREAS, City is a 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;
WHEREAS, Orange County Sanitation District is a duly organized County
Sanitation District existing pursuant to the County Sanitation District Act, California
Health and Safety Code section 4700 et seq. ( "District ");
WHEREAS, Owner owns a portion of the land (the "Project Boundaries')
bounded by Jamboree Road, Ford Road, MacArthur Boulevard and San Joaquin Hills
Road in Newport Beach, California;
WHEREAS, the portion of the land (the "Property ") within the Project Boundaries
which is owned by Owner is described in Exhibit A, attached hereto and made a part
hereof ( "Construction Map "), and has been improved as a golf course, driving range,
clubhouse and related site, recreational and maintenance facilities;
WHEREAS, District owns, operates and maintains a 12 -inch to 15 -inch trunk
sewer line within the City of Newport Beach located beneath the Property and the
unrelated Big Canyon residential development (hereinafter the District's existing sewer
line shall be referred to as the "Big Canyon Trunk Sewer');
WHEREAS, the Big Canyon Trunk Sewer was built in the 1960s and was
subsequently covered by substantial amounts of earth fill during construction of the Big
Canyon Country Club and Big Canyon residential development;
WHEREAS, as a result of the construction, portions of the Big Canyon Trunk
Sewer are buried deep underground (up to 45 feet), making it difficult to properly
maintain it;
WHEREAS, City owns, operates, and maintains numerous sewer lines in the Big
Canyon development that connect to the Big Canyon Trunk Sewer ( "City Sewers ");
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WHEREAS, on June 14, 2005, the City and District entered into a
Reimbursement Agreement for the Big Canyon Trunk Sewer Improvement Project, a
joint project to be administered by the City, which provided for, among other things, the
construction and realignment of Big Canyon Trunk Sewer to allow easier access for
maintenance purposes ( "New Big Canyon Trunk Sewer"), the extension of the City's
Sewer lines to connect to the New Big Canyon Trunk Sewer, and the repair,
replacement, and realignment of a portion of the City Sewers that connect to the Big
Canyon Trunk Sewer (collectively, the "Project ");
WHEREAS, the location of the New Big Canyon Trunk Sewer and additional City
sewer lines ( "City Lines ") to be constructed on the Property are shown on Exhibit A;
WHEREAS, pursuant to the Reimbursement Agreement, the City agreed to
coordinate and obtain permission from the Owner to obtain access for the construction
of the Project; and
WHEREAS, the Owner and City desire to enter into this Agreement to provide for
such access and entry for the construction of the portion of the Project on the Property
subject to the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises, covenants,
undertakings, and other consideration set forth in this Agreement, City and Owner
(sometimes a "party" or the "parties ") agree as follows:
1. Grant of Access. For valuable consideration, Owner hereby grants to
District and City, their employees, agents, consultants, the contractor selected by the
City to perform the Project ( "Contractor"), the Contractor's employees, agents, material
suppliers, subcontractors, and their employees ( "Authorized Parties ") the right to access
and enter upon the Property for the purpose of performing any and all work necessary
to construct the Project (the "Work "), subject to the terms and conditions set forth
herein. This Agreement is expressly conditioned upon (i) the attendance of the
Contractor and its on -site superintendent at a pre- construction meeting to be held with
the Owner at the Property to discuss the Contractor's plan to perform the Work in a
manner consistent with the terms of this Agreement, which terms shall be incorporated
into the agreement with the Contractor selected to perform the Work; (ii) Contractor
accessing the Property at the designated locations described herein; and (iii) prior to
entry on the Property, the delivery to Owner of a certificate of insurance as provided in
Exhibit B, which is attached hereto and incorporated by this reference (the "Construction
Document Requirements "). City acknowledges that Owner has no authority to grant
access over any other property within the Project Boundaries. The grant of the access
is subject to all of the terms and provisions of this Agreement. The City shall cause the
Contractor and the Authorized Parties to comply with the terms of this Agreement in the
performance of the Work.
2. Portion of the Property Subject to the Agreement. The portions of the
Property which are the subject of this Agreement are: (a) described in Section 2 of the
Construction Document Requirements as the designated locations for accessing the
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Property; (b) depicted as the "Proposed Work and Work Zone" (collectively, the "Work
Zone ") on plans for the Work prepared by Walden & Associates, sheets G0002 (2 of
17), G0002A (2A of 17), G0002B (213 of 17), and G0002C (2C of 17) (collectively, the
"Plans'); and (c) depicted as the Construction Storage Area and Construction Access
Routes on Exhibit A attached hereto. The areas described in (a) through (c) of this
Section are collectively referred to herein as the "Access Area ". Entry by the Authorized
Parties on portions of the Property other than the Access Areas shall be deemed to be a
breach of this Agreement.
3. Construction Documents. The City shall include those terms and
conditions set forth in the Construction Document Requirements into the Plans,
specifications, drawings, conditions or other documents that will be incorporated into the
agreement between the City and Contractor selected to perform the Work (hereinafter
"Construction Documents "). The City shall cause the Contractor, its subcontractors and
material suppliers to perform each of the terms and conditions set forth in the
Construction Documents and the Construction Document Requirements. Owner shall
cooperate with City, its Contractor and take any and all action expressly required of
Owner which are described in the Construction Document Requirements. The parties
agree that all words, terms and phrases defined in this Agreement that are used in the
Construction Document Requirements shall have the same meaning as set forth in this
Agreement.
4. Term of Agreement. The initial term (the 'Initial Term ") of this Agreement
shall commence on the date when Contractor first enters upon the Property to
commence the Work and shall end one hundred and fifty (150) calendar days
thereafter. However, if the Contractor has "Completed its Work" on Phase 1, as defined
in the Construction Document Requirements, prior to June 26, 2006, the Initial Term
shall be tolled from the date Contractor has Completed its Work on Phase 1 until June
26, 2006. The Contractor shall be deemed to have "Completed its Work" on Phase 1
when it has completed the sewer installation(s), backfilled and compacted the trenches
and any other surface irregularities created by the Work back to the level at which such
areas were when Contractor commenced Phase 1 of the Work, removed all remaining
dirt and debris from the Phase 1 area excavated by Contractor (unless such dirt will be
used by Owner's contractor for the Pond Fill Project (as defined below)) and moved all
men, equipment, barricades or other obstructions from the Phase 1 area. In addition,
the Contractor shall have seven (7) calendar days past the Initial Term to complete the
landscape restoration efforts associated with Phase 7, as defined in the Construction
Document Requirements, after the Contractor has completed its Work on Phase 7, and
the City shall not be charged any amount pursuant to this Agreement during said seven
day time period. If the Work is not completed within the Initial Term, as it may have
been adjusted as described in this Section 4 above, the City, in its sole discretion, shall
have the option of extending the term of this Agreement for up to ninety (90) calendar
days ( "Extended Term ") to complete the Work; provided that the City shall pay to Owner
liquidated damages in the amount of Two Thousand Dollars and No Cents ($2,000.00)
for each day during the Extended Term that the City elects to extend the Agreement.
Such payment shall be made within ten (10) days after the end of the Extended Term.
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THE PARTIES AGREE THAT IT WOULD BE EXTREMELY DIFFICULT OR
IMPRACTICAL TO DETERMINE THE ACTUAL DAMAGES TO OWNER AS A RESULT
OF A DELAY OF THE PROJECT BEYOND THE INITIAL TERM. THE PARTIES
AGREE THAT A REASONABLE ESTIMATE OF THE TOTAL NET DETRIMENT TO
THE OWNER FROM THE DELAY OF COMPLETION OF THE PROJECT WOULD BE
THE SUM OF TWO THOUSAND DOLLARS ($2,000) PER DAY FOR EACH
CALENDAR DAY THAT THE CITY ELECTS TO EXTEND THE TERM OF THIS
AGREEMENT BEYOND THE INITIAL TERM. THE PAYMENT OF SUCH AMOUNT AS
LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY
WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369,
BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO OWNER
PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND 1677. THE
CITY HEREBY WAIVES THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION
3389 WITH RESPECT TO THE PAYMENT OF SUCH LIQUIDATED DAMAGES.
(INITIALS: The City ; Owner ) The parties hereto agree that: (a) if the
Work is not completed during the Initial Term and the Extended Term; (b) if the City
elects to terminate the agreement with the Contractor for the construction of the Project
due to the failure of the Contractor to abide by the terms and conditions contained in the
City's agreement with the Contractor; and /or (c) if differing site conditions are
encountered which were unknown at the time this Agreement was entered into, then the
Owner and City shall meet within five (5) days after the end of the Extended Term or the
termination of the City's agreement with the Contractor, whichever is earlier to
determine and agree upon a new agreement which will provide for: access and entry to
the Property for the purpose of completing the Worts according to a reasonable
schedule; a reasonable amount of compensation to Owner based upon the Owner's
loss of revenue related to the then unfinished portion of the Project; and other
reasonable terms. If the Work is not expected to be resumed within twenty (20) days
after the date of such meeting, Owner may give the City notice to restore the Property in
accordance with the terms of this Agreement as if the Work had been completed by the
Contractor. In such event, the City shall commence such restoration within fifteen (15)
days after the City receives such notice and shall diligently pursue such restoration to
completion. The parties hereto agree that this Agreement may be terminated by the
City if, prior to entry by Contractor on the Property to commence the Work, the City
and /or the District elect not to proceed with the Project. The parties hereto also agree
that the Initial Term and /or Extended Term shall be extended as a result of any delays
caused entirely or primarily by the acts or omissions of Owner, and the City shall not be
obligated to pay Owner as provided herein for any Owner caused delays.
5. Coordination of Work. The parties acknowledge that Owner is in the
process of constructing a project commonly known as the Big Canyon Country Club
Pond Fill Project ( "Pond Fill Project ") and that a portion of the Work must be coordinated
with Owner's contractor of the Pond Fill Project. Part of the Pond Fill Project involves
the installation of storm drain lines (the "Storm Drain Lines ") in an area where the New
Big Canyon Trunk Sewer and the City Lines will be installed. The New Big Canyon
Trunk Sewer must be installed prior to the installation of the Storm Drain Lines. In order
to not interfere with the Pond Fill Project, the City shall, by April 7, 2006, enter into a
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contract, which amount shall not exceed $30,000, with Clarke Contracting Corporation
( "CCC ") for the installation of that portion of the City Lines and the New Big Canyon
Trunk Sewer which will be below the Storm Drain Lines.
The parties agree that prior to July 5, 2006, and between stations 53 +50 and 56 +00
shown on the Plans and City Line "I" shown on Sheet 10 and the profile thereof on
Sheet 9 of the Big Canyon Trunk Drawings, the backfill and final grade work by the
Owner's contractor for the Pond Fill Project shall not be completed to an elevation
greater than two feet (2') above the top of pipe elevation of the Storm Drain Lines being
installed as part of the Pond Fill Project, within the width of the easements for the New
Big Canyon Trunk Sewer and City Lines; provided, however, to the extent Contractor
has completed installation of the New Big Canyon Trunk Sewer and City Lines in the
area of the Pond Fill Project prior to July 5, 2006, Owner may allow Owner's contractor
to complete the backfilling of those areas upon such completion.
6. Default. In the event that the City, Contractor or any of the Authorized
Parties fail to comply with any provisions of this Agreement ( "Default "), which Default
shall not have been cured within ten (10) calendar days after City receives written notice
specifying such Default, then Owner may, in addition to any other remedies provided at
law or in equity, immediately or any time thereafter terminate this Agreement herein
upon written notice to the City.
7. Construction Manager. The parties hereto agree that the City shall hire
Walden & Associates ( "Walden ") as its Construction Manager for that portion of the
Project within the Property. The City, in its sole discretion, may terminate its agreement
with Walden if Walden fails to abide by the terms and conditions of the consultant
agreement entered into between Walden and the City. In the event of such a
termination, the City shall retain a replacement construction manager to perform the
duties of Walden. The scope of the services of Walden shall be reasonably determined
by the City, but shall be subject to the prior written approval of the Owner. The City and
Owner agree that the scope of the services of Walden shall be sufficient to assure that
the Project within the Property is sufficiently supervised and inspected.
8. Notices. All notices 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. All notices, demands,
requests or approvals from Owner to City shall be addressed to City and OCSD at:
Attn: Steve Badum
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644-3311
Fax: 949 - 644 -3318
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Attn: Director of Engineering
Orange County Sanitation District
P.O. Box 8127
Fountain Valley, CA 92728
All notices, demands, requests or approvals from City to Owner shall be addressed to
Owner at:
Attn: David Voorhees
General Manager
Big Canyon Country Club
One Big Canyon Drive
Newport Beach, Ca 92660
Phone: (949) 644 -5404
Fax: (949) 720 -9338
9. Entire Aareement. This Agreement, and the letter agreement between
Owner, the City and District of even date herewith, constitutes the entire agreement
between the parties, there being no other terms, oral or written, except as herein
expressed.
10. Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed an original, but all of which, together shall be construed as one
instrument.
11. Invalidity. If any provision of this Agreement shall be adjudged by a court
of competent jurisdiction to be void, invalid, illegal or unenforceable for any reason, the
same shall in no way affect (to the maximum extent permissible by law) any other
provision of this Agreement, the application of any such provision under circumstances
different from those adjudicated by the court, or the validity or enforceability of this
Agreement as a whole, but only to the extent that the application or enforcement of such
remaining provisions would not be inconsistent with the intent and purposes of this
Agreement.
12. Time of the Essence. Time is of the essence of each provision of this
Agreement of which time is an element.
13. Amendments. This Agreement may be amended, changed or modified
only by written amendment executed by the parties hereto. No waiver of any provision
of this Agreement shall be valid unless in writing signed by the party charged.
14. Bindina Effect. This Agreement shall be binding upon and shall inure to
the benefit of the successors and assigns of each party to this Agreement.
15. Controllina 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
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this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange.
16. Administration. As to the City, this Agreement will be administered by
the Public Works Department. Mr. Steve Badum shall be the administrator and shall
have the authority to act for City under this Agreement. As to the Owner, this
Agreement will be administered by the General Manager, David Voorhees who shall
have the authority to act for Owner under this Agreement. As to day to day in field
decisions, those shall be administered by a designate of David Voorhees who shall
have the authority to act for Owner under this Agreement.
17. Cooperation. The parties acknowledge that the intent of this Agreement
is to allow for the construction of the Project in a reasonable manner. The parties
acknowledge that in construction projects, it is some times necessary to cooperate to
address unexpected issues that may arise. The parties hereto agree to take any and
all actions reasonable, convenient, necessary or desirable to carry out the provisions of
this Agreement and to make all decisions within a reasonable time.
18. Miscellaneous Provisions.
(a) If the Contractor shall not have commenced the Work (commence is
defined as physically beginning the Work on the Property and thereafter diligently
working to complete the Work), by June 15, 2006, Owner shall have the right to
terminate this Agreement in accordance with the provisions set forth herein.
(b) Except for Phase 1 Work, as defined in Exhibit B, the City shall obtain
permission from Owner prior to authorizing the Contractor to perform Work on
Saturdays.
(c) The City and Owner intend that Owner shall be a third party beneficiary of
the terms of the agreement between the City and Contractor with respect to the
Property or the entry, or performance of any portion of the Work, thereon or restoration
thereof by Contractor or the Authorized Parties. The parties agree that the Construction
Document Requirements are to be incorporated by the City into its agreement with the
Contractor and that the City shall not rescind, amend, or otherwise modify the
provisions of the agreement with the Contractor which incorporate the Construction
Document Requirements without obtaining the prior written consent of Owner, which
consent shall not be unreasonably withheld. Nothing herein prohibits the City from
making modifications or amendments to the agreement with the Contractor without the
consent of Owner that either (a) do not affect the Work at the Property, or (b) are not
inconsistent with the Construction Document Requirements (including, but not limited to,
changes in Contractor compensation). The City shall include a paragraph in the
agreement between the City and Contractor setting forth Owner's third party beneficiary
rights as described in this paragraph.
(d) City shall assure that any bonds called for in the Construction Documents
for the Work shall be properly issued to the City. If necessary, City shall take any and
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all action necessary or appropriate to make a claim under the bonds and shall use any
funds realized from such bonds to pay for the labor and materials and to promptly
complete the Work.
APPROVED AS TO FORM:
By: Z4 cl- _
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By l/B7LM.L. M . da��
LaVonne Harkless,
City Clerk
CITY OF NEWPORT B
A Municir)aLLor p rati
By:
ayor
for the City of Newport Beach
BIG CANYON COUNTRY CLUB,
A California Non - Profit Mutual Benefit
Corporation
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Exhibit A: Construction Map
B: Construction Documents Terms and Conditions
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EXHIBIT B
CONSTRUCTION ACCESS AGREEMENT
TERMS AND CONDITIONS TO BE INCORPORATED INTO
CONSTRUCTION DOCUMENTS
The following terms and conditions shall be incorporated by the City into its
agreement with the Contractor for the construction of the project entitled "2005 -2006
Various Sewer Main Improvements and Big Canyon Trunk Sewer Replacement —
Contract No. 3562." Capitalized terms not defined herein shall have the same meaning
ascribed to those terms in the Construction Access Agreement (the "Construction
Access Agreement ") to which this document is an Exhibit.
1. Pre- construction Meeting: The Contractor and its on -site superintendent shall
be required to attend a mandatory pre - construction meeting with Owner at the
Property to discuss compliance with the Contract Documents. No Work will be
permitted on the Property until after the mandatory pre - construction meeting has
been conducted.
2. Phasina of the Work: The Contractor shall commence the Work as soon as
practicable. The Work set forth in Bid Items Al thru A43 of the Construction
Documents (hereinafter "Big Canyon Trunk Sewer Replacement "), and Work
shown on City Sewer Improvements drawing 20 of 24, are the first priority of
Work. In addition, the Contactor shall follow the following phasing schedule
pertaining to the Work and provide a separate schedule to the City for this Work
prior to the pre- construction meeting ( "Separate Schedule "). The Separate
Schedule, which will be provided to the Owner at the pre- construction meeting
held at the Property, shall indicate the dates each phase of Work will take place:
Phase 1 Clubhouse and Driving Range Area. Work in this phase shall
include the Big Canyon Trunk Sewer Replacement between Station
51 +50 and 65 +07.45 and all associated laterals. In addition, the
City Sewer Improvements shown on sheet 20 of 24 shall be
completed in this phase. Work shall proceed from downstream to
upstream on all installations. The first phase of Work is anticipated
to start on May 15th, 2006. The portion of Phase 1 between Station
51 +50 and 58 +00 (the `Initial Priority Work ") shall be completed by
July 5, 2006, or a day after such date for each day that elapses
between May 15, 2006 and the date Contractor is given access to
the Initial Priority Work area. Access for Phase 1 shall be from Big
Canyon Clubhouse ( "Clubhouse ") parking lot.
The Contractor shall not be allowed to perform any Work on the
City Sewer Improvements shown on sheet 20 of 24 on June 15, 16,
17, 22 and 23 because the Owner requires entire use of the
it
EXHIBIT B • 0
TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION
DOCUMENTS
Clubhouse parking lot on these dates. Accordingly, the Contractor
shall cease Work in the Clubhouse parking lot on those days and
remove all equipment, tools, debris and other impediments to the
ability of patrons or guest of Owner to park vehicles and walk to
Owner's facilities (and assure their safety in doing so), and all
excavations shall be covered with plates or other devices to allow
the parking spaces in the Clubhouse parking lot to be used during
such dates. Access to other Phase 1 Work on June 15, 16, 17, 22
and 23 will be limited and staging for the Work on those days will be
from the Driving Range.
Phase 2 Golf Course Area Holes No. 1 and 9. Work in this phase shall
include the Big Canyon Trunk Sewer Replacement between Station
40 +00 & 51 +50 and all associated laterals. Work shall proceed
from downstream to upstream on all installations. Access for
Phase 2 will be from the Big Canyon Drive between the 3rd and 4th
holes.
Phase 3 Golf Course Area Hole No. 2. Work in this phase shall include the
Big Canyon Trunk Sewer Replacement between Station 21 +50 &
40 +00 and all associated laterals. Work shall proceed from
downstream to upstream between Station 25 +50 and 40 +00. The
jacking operation between 25 +50 to 21 +50 shall proceed from
upstream to downstream. Access for Phase 3 will be from Big
Canyon Drive between the 3rd and 4th holes.
Phase 4 Golf Course Area Hole No. 3. Work in this phase shall include the
Big Canyon Trunk Sewer Replacement between Station 18 +40 &
21 +50. Work shall proceed from downstream to upstream. Access
for Phase 4 will be from Big Canyon Drive between the 3rd and 4th
holes.
Phase 5 Golf Course Area Hole No. 4. Work in this phase shall include the
Big Canyon Trunk Sewer Replacement between Station 14 +13.65
& 18 +40 and 8 -inch sewer Work on Big Canyon Drive. Work shall
proceed from downstream to upstream. Access for Phase 5 will be
from the golf course maintenance facilities off Jamboree Road
and/or Big Canyon Drive between the 3rd and 4th holes.
Phase 6 Work in this phase shall include the necessary connection to
existing sewers and abandonment of existing Big Canyon Trunk
Facilities between Station 14 +13.65 and 65 +07.45. Access for
Phase 6 will be from Big Canyon Drive between the 3rd and 4th
holes.
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EXHIBIT B • 0
TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION
DOCUMENTS
Phase 7 Golf Course Holes 13 and 17. Work to be included in this phase
shall include the Big Canyon Trunk Sewer Replacement between
Station 72 +85.59 & 77 +64.25. Work shall proceed in from
downstream to upstream on all installations and include connection
to and abandonment of existing trunk sewers. Access for Phase 7
shall be from MacArthur Boulevard. In addition, the lining of the
existing Big Canyon Trunk Sewer between Station 65 +07.45 and
72 +85.59 shall be accomplished during this phase.
Work on Phase 1 shall be completed prior to performing any other Project
Work unless the Contractor obtains the express written permission of the
Owner and City's designated representative (hereinafter "Engineer ").
Contractor shall be required to coordinate Phase 1 Work with the
contractor hired by the Owner for the Pond Fill Project. Work on Phases 2
through 7 shall not commence until after June 25, 2006. Except as provided
above, Work on the City Sewer and Storm Drain improvements may be done
concurrently with the Big Canyon Trunk Sewer Replacement and can proceed in
a schedule determined by the Contractor.
For Work on Phases 2 through 7 and City Sewer and Storm Drain Work, the
Contractor shall "Complete its Work" one hole at a time so that golf play on more
than one hole is not impacted or altered by the Work at any one time. The
Contractor shall be deemed to have "Completed its Work" on a golf hole when it
has completed the sewer installation(s), backfilled and compacted the
trenches and any other surface irregularities created by the Work back to the
level of the surrounding surfaces not disturbed by the Work, removed all
remaining dirt and debris from the area and moved all men, equipment,
barricades or other obstructions off of that golf hole. The landscape restoration
efforts related to the Big Canyon Trunk Sewer Replacement does not have to be
completed prior to moving to the next phase of Work and can and shall be done
concurrently as the Contractor transitions from one phase to the next.
Notwithstanding the provisions of the Construction Access Agreement to the
contrary, restoration efforts for Phase 7 may be completed with in ten (10)
working days of the end of that Phase, but not later than 157 calendar days after
commencement of the Work. The Contractor shall be prohibited from: (1)
accessing the Property at any location other than the locations indicated on the
Construction Map; (2) conducting Work outside of the Work Zone; and /or (3)
performing other Work not permitted in the Contract Documents on the Property.
The Contractor shall phase the Work so that the intended use of the Property
and the Owner's inconvenience are minimized. Therefore, the Contractor shall
complete the Big Canyon Trunk Sewer Replacement, including required testing,
restoration and final clean -up in one phase at a time or between manholes
before moving to the next phase of Work. Contractor shall maintain a path of
cart and pedestrian travel between golf holes at all times.
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EXHIBIT B • •
TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION
DOCUMENTS
In the event Contractor takes access through a golf hole upon which Work is not
then in progress, Contractor shall control its vehicles such that golfers on such
golf hole shall have the right of way. In other words, vehicles on the course on
such holes shall wait for golfers to hit before proceeding. Owner shall not be
liable to Contractor or any Authorized Party for injury to persons or damage to
property from being struck by a golf ball.
Contractor may periodically (i.e. irregularly) use the Jamboree Road access to
the Property through Owner's maintenance yard for deliveries of materials
needed for Work proximate to Jamboree Road, provided such access is between
the hours of 6:30 AM to 2:30 PM and the maintenance yard is then open.
3. Working Hours: Normal working hours are limited to 7:00 a.m. to 4:30 p.m.
Monday through Friday. Should the Contractor elect to Work later than 4:30 p.m.
up to 6:30 p.m. weekdays or between 8:00 a.m. and 6:00 p.m. Saturday, the
Contractor shall first obtain special permission from the City; provided, however,
for Phase 1 of the Work, the Contractor shall Work on Saturday at least from
8:00 a.m. to 4:00 p.m. Except as set forth above regarding Phase 1 Work, a
request to Work during any of these hours must be made at least 72 hours in
advance of the desired time period, except in emergencies involving immediate
hazard to persons or property. A separate request must be made for each Work
shift. The Engineer reserves the right to deny any or all such requests. Denial of
such request(s) will not be sufficient reason to grant the Contractor an extension
of time. No Work shall occur on Sundays.
4. Storage of Equipment: Construction materials and equipment may only be
stored on the Property in areas shown on the Construction Map, or in streets,
roads, sidewalk, if approved by the Engineer. The City and Owner have
provided three (3) staging areas for this Project as indicated on the Plans. Only
storage areas within the Property as shown on the Construction Map may be
used without the prior written consent of the Owner. The storage areas in the
Clubhouse parking lot and on the driving range may only be used during Phase 1
of the Work. The Owner requires use of the entire Clubhouse parking lot on
June 15, 16, 17, 22 and 23. The Clubhouse parking lot shall not be used for
staging or storage on those days. Staging on those days shall be from the
Driving Range. The Contractor shall cease all Work in the Clubhouse parking lot
on those days and remove all equipment, tools, debris and other impediments to
the ability of patrons or guest of Owner to park vehicles and walk to Owner's
facilities (and assure their safety in doing so). Prior to move -in, the Contractor
shall take photos of the laydown (staging) areas and provide one set to the City
and one set to Owner. The Contractor shall restore the laydown (staging) areas
to their pre- construction or better condition. The Engineer shall require new base
and pavement if the pavement condition has been compromised during
construction at no additional cost to the City, District or Owner.
EXHIBIT B • •
TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION
DOCUMENTS
5. Subcontractors: The replacement and repair of the Owner's turf, vegetation
(landscaping) and irrigation related Work on the Property shall be done in
accordance with the applicable sections of the Special Provisions and the
Landscape Special Provisions attached hereto as Exhibit 1 and, pursuant to the
requirement imposed by Owner as a condition to obtaining consent to site
access, such Work shall be conducted by the following applicable
subcontractors:
a) SOUTHWEST GROWERS AND LANDSCAPING, INC.
21251 Bushard Street
Huntington Beach, CA
Contact Person: Mr. Ron Jessee
714/964 -9511
b) CHRISTENSEN IRRIGATION COMPANY, INC.
3505 Cadillac Avenue, Ste 0 -206B
Costa Mesa, CA
Contact Person: Mr. Scott Murray
714/556 -6076
Contractor must utilize these two firms for all turf, vegetation (landscaping) and
irrigation related Work on the Property and note them in the Designation of
Subcontractors) portion of the Special Provisions or the bid may be
considered non - responsive."
6. Inspection Requirements: Inspection will be required by the Owner on the
following stages of the Work on the Property:
a) Prior to removals of the existing landscaping and turf.
b) During preliminary grading, soil preparation, and initial weeding.
c) When trees are spotted for planting, but before planting holes have been
excavated.
d) When finish grading has been completed.
e) Before commencing boring Work near the stream approximately 100 -120
yards from the hole #2 green, Owner shall be notified to assure that trees
in that area are not impacted by the Work.
f) As specified in the Landscape Special Provisions attached hereto as
Exhibit 1.
5
EXHIBIT B • •
TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION
DOCUMENTS
Plants shall be subject to inspection and approval or rejection by the City and /or
Owner at place of growth and upon delivery to site at any time before or during
progress of the Work.
7. Cooperation and Collateral Work: No shutdowns of water service to the
Property may occur, except as provided in this Section 7. Contractor shall be
responsible to perform all shut downs of private water facilities of Owner as
required. City forces will perform all shut downs of public water facilities as
required. The Contractor shall give the City and /or Owner seven (7) calendar
days advance notice to have the effected water service(s) shut down. The City
acknowledges that the golf course vegetation will require periodic watering
especially during the heat of the summer.
A six -hour shut down of water facilities during the daytime hours of 10:00 a.m. to
4:00 p.m. will be allowed. The Contractor will be responsible for completing all
water connections within the time period allowed. The times and dates of any
utility to be shut down must be coordinated with the City of Newport Beach,
Utilities Department and Owner, as applicable. The City must approve any
nighttime Work in advance.
Failure to comply with the shut down procedures will prevent the shut down of
the water and the Contractor shall take full responsibility for the construction of
the sewer or its appurtenances. No time extensions will be granted for failing to
comply with this procedure.
The Owner anticipates the Pond Fill Project and other construction around the
Club House, generally between or near stations 51 +50 and 58 +00 of the Big
Canyon Trunk Sewer Replacement area during the construction period of the
Work. The Contractor shall coordinate its Work with Owner's construction as
well as the operation of existing and new utilities and facilities of Owner during
the course of the Work. The Contractor shall permit others engaged in Work to
accomplish such Work without undue interference or delay. The Contractor
shall notify the City and the Owner if Owner utilities, which are in operation
require shut -off.
8. Traffic and Access: Pedestrian access within the limits of the Work must be
maintained at all times. The Contractor shall cooperate with the Engineer and
Owner to provide access that may be impacted by construction operations on the
Property, particularly path and working across fairways during construction. The
Contractor shall furnish and install signage, barricades, delineators, yellow safety
ribbon, green 4 -foot high safety fence and any other measures deemed
necessary by the Engineer to safely direct the public around areas of
construction, and into (and out of) the affected areas of Work. Such measures
0
EXHIBIT B 0 0
TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION
DOCUMENTS
shall be shown on the Detailed Traffic Control Plans required by the Construction
Documents.
9. Notice to Residents: Ten (10) working days prior to starting Work, the
Contractor shall deliver a tri -fold notice to the Owner and residents adjacent to
the Work describing the project and indicating the limits of construction. The City
will provide the notice. Forty -eight (48) hours before restricting vehicular or
pedestrian access to garages, parking spaces, sidewalks, etc., the Contractor
shall distribute to affected residents a written notice stating when construction
operations will start and approximately when vehicular and pedestrian
accessibility will be restored. The written notices will be prepared by the
Engineer. The Contractor shall insert the applicable dates and times when the
notices are distributed. Errors in distribution, false starts, acts of god, strikes or
other alterations of the schedule will require re- notification using an explanatory
letter furnished by the Engineer and delivered by the Contractor.
The Contractor shall provide all residents, Owner and businesses impacted by
any utility shutdown written notice twice; once three (3) days in advance and
once twenty -four (24) hours in advance of any service interruption. The City will
review and approve the notification format prior to the Contractor's distribution.
The Contractor shall submit the notice to the Engineer at lest five (5) working
days prior to distribution for approval.
10. Protection and Restoration of Existina Improvements: Contractor shall
restore all ground conditions modified by Contractor and all vegetation
(landscaping), irrigation facilities and improvements of Owner damaged or
removed by Contractor to their condition prior to the commencement of the Work,
as soon after completion of the Work as possible. Such restoration within a
Phase shall occur as soon as that Phase of the Work is completed so that the
facilities of Owner are placed back into pre -Work condition as soon as
practicable. All cost to the Contractor for protecting, removing, restoring,
repairing, replacing, or reestablishing existing improvements shall be included in
the various bid items unless otherwise specified. Owner shall receive a warranty
for all restoration Work. The warranty period shall be one year from the
acceptance of the Work by the City. Owner shall receive a maintenance period
of ninety (90) days for all turf installed. The Contractor shall provide the City a
minimum of 72 (equal to three (3) standard rolls of film) color photographs of the
initial site conditions prior to the start of construction. The Contractor shall also
provide a minimum of 24 additional color photographs per month to document
conditions of the Work in progress. The Contractor shall provide the City a
minimum of 72 color photographs of finished site conditions of the completed
Project. The photographs shall be of such views as to document Project
conditions during the progress and at the conclusion of the Project at the
locations where previous construction photograph documentation was obtained.
7
EXHIBIT B • •
TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION
DOCUMENTS
11. Insurance: Insurance is to be placed with insurers with a current A.M. Best
Rating Guide rating of A -, or better, and no smaller than Financial Size Category
Class VII, or better, and insurers must be a California Admitted Insurance
Company. The City and /or Orange County Sanitation District may require
Contractor to substitute any insurer whose rating drops below the levels herein
specified and the substitution shall occur within twenty (20) days of written notice
to Contractor by the City, Orange County Sanitation District, and /or their agents.
Contractor shall furnish City, Orange County Sanitation District, Big Canyon
Country Club, Big Canyon Community Association and the Canyon Hills
Community Association with original certificates of insurance and with original
endorsements effecting coverage required by this Contract. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. All certificates and endorsements
are to be received and approved by City and Orange County Sanitation District
before Work commences. City and Orange County Sanitation District reserve
the right to require complete, certified copies of all required insurance policies,
including endorsements, at any time.
Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries or death to persons or damages to property, which
may arise from or in connection with the performance of the Work hereunder by
Contractor, his /its agents, representatives, employees or subcontractors. The
cost of such insurance shall be included in Contractor's bid.
a) Minimum Scope of insurance
Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability coverage
"occurrence" form number CG 0002 (Edition 11/85) or Insurance
Services Office form number GL 0002 (Edition 1/73) covering
Comprehensive General Liability and Insurance Services Office
form number GL 0404 covering Broad Form Comprehensive
General Liability.
2) Insurance Services Office Business Auto Coverage form number
CA 0002 0287 covering Automobile Liability, code 1 "any auto" and
endorsement CA 0029 1288 Changes in Business Auto and
Truckers Coverage forms - Insured Contract.
3) Workers' Compensation insurance as required by the Labor Code
of the State of California and Employers Liability insurance.
L3
EXHIBIT B 0 •
TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION
DOCUMENTS
b) Minimum Limits of Insurance
Coverage limits shall be no less than:
1) General Liability: $2,000,000.00 combined single limit per
occurrence for bodily injury, personal injury and property damage
and $4,000,000.00 aggregate bodily injury, personal injury, and
property damage.
2) Automobile Liability: $2,000,000.00 combined single limit per
accident for bodily injury and property damage, including non -
owned and hired vehicles.
3) Workers' Compensation and Employers Liability: Workers'
Compensation, in accordance with the Workers' Compensation Act
of the State of California for a minimum of $1,000,000.00, or such
minimum limits as the required by the State, whichever is greater.
Such Workers' Compensation Insurance shall be endorsed to
provide for a waiver of subrogation against the City and Orange
County Sanitation District.
C) Deductibles and Self- Insured Retentions
Any deductibles or self- insured retentions must be declared to and
approved by City. At the option of City, either: the insurer shall reduce or
eliminate such deductibles or self- insured retentions as respects City,
Orange County Sanitation District, Big Canyon Country Club, Big Canyon
Community Association and the Canyon Hills Community Association
their shareholder, directors, members, officers, officials, employees,
agents, consultants attorneys and volunteers; or Contractor shall procure
a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
d) Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following
provisions:
1) General Liability and Automobile Liability Coverages
i. City, Orange County Sanitation District, Big Canyon Country
Club, Big Canyon Community Association and the Canyon
Hills Community Association their shareholders, directors,
members, officers, agents, officials, employees, consultants,
E
EXHIBIT B • •
TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION
DOCUMENTS
attorneys and volunteers are to be covered as additional
insureds as respects: liability arising out of activities
performed by or on behalf of Contractor, including the
insured's general supervision of Contractor; products and
completed operations of Contractor; premises owned,
occupied or used by Contractor; or automobiles owned,
leased, hired or borrowed by Contractor. The coverage shall
contain no special limitations on the scope of protection
afforded to the City, Orange County Sanitation District, Big
Canyon Country Club, Big Canyon Community Association
and the Canyon Hills Community Association their
shareholders, directors, members, officers, agents, officials,
employees, consultants, attorneys or volunteers.
ii. Contractor's insurance coverage shall be primary insurance
and /or primary source of recovery as respects the City,
Orange County Sanitation District, Big Canyon Country Club,
Big Canyon Community Association and the Canyon Hills
Community Association their officers, agents, officials,
employees, consultants and volunteers. Any insurance or
self- insurance maintained by the City, Orange County
Sanitation District, Big Canyon Country Club, Big Canyon
Community Association and the Canyon Hills Community
Association their shareholders, directors, members, officers,
agents, officials, employees, consultants, attorneys and
volunteers shall be excess of the Contractor's insurance and
shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, Orange
County Sanitation District, Big Canyon Country Club, Big
Canyon Community Association and the Canyon Hills
Community Association their shareholders, directors,
members, officers, agents, officials, employees, consultants,
attorneys and volunteers.
iv. Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
V. The insurance afforded by the policy for contractual liability
shall include liability assumed by Contractor under the
indemnification /hold harmless provision contained in this
Contract.
10
EXHIBIT B • •
TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION
DOCUMENTS
2) Workers' Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against the
City Orange County Sanitation District, Big Canyon Country Club,
Big Canyon Community Association and the Canyon Hills
Community Association their shareholders, directors, members
officers, agents, officials, employees, consultants, attorneys and
volunteers for losses arising from Work performed by Contractor for
the City.
3) All Coverages
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled,
rescinded by either party, reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail, return
receipt requested, has been given to City and Orange County
Sanitation District.
All of the executed documents referenced in this contract must be
returned within ten (10) working days after the date on the
"Notification of Award," so that the City and Orange County
Sanitation District may review and approve all insurance and bonds
documentation.
12. Indemnification: Contractor shall indemnify, hold harmless, and defend City,
Orange County Sanitation District, Big Canyon Country Club, Big Canyon
Community Association and the Canyon Hills Community Association and each
of their past, present and future members, partners, officers, officials, directors,
employees, agents, consultants, volunteers, affiliates, assignees, shareholders,
representatives, attorneys, subsidiaries, members, parent and affiliated entities and
their respective successors, heirs and assigns (collectively, "Indemnified Parties ")
harmless for, from and against any costs, expenses, damages, and losses,
including actual attorneys fees ( "Losses ") of any kind or character to any person or
property arising directly or indirectly from or caused by any of the following (i)
Contractor's construction activities; (ii) any defect in the Project Work performed by
Contractor; (iii) any act or omission of Contractor or its respective officers, directors,
shareholder members, partners, employees, agents, contractors, subcontractors,
suppliers, representatives and affiliates ( "Contractor Representatives "); (iv) any
accident or casualty within or arising out of the Project Work; (v) any violation or
alleged violation of any law, ordinance or statute now or hereafter enacted arising
out of the Project Work; (vi) Contractor's performance under this Agreement or the
construction by Contractor of any improvements pursuant to this Agreement; (vii)
11
EXHIBIT B • is
TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION
DOCUMENTS
the violation of any Environmental Laws or the failure to clean up and mitigate the
consequences of the spill or release of any Hazardous Substance; (viii) any liens
for any provider of Work, labor, material or services claiming by, through, or under
Contractor relating to the Project Work, (ix) the negligence or willful misconduct of
Contractor or any of Contractor's Representatives in the performance of the Project
Work and (x) any breach of this Agreement. Contractor shall not be required to
indemnify, hold harmless and defend the Indemnified Parties from the sole or active
negligence or willful misconduct of the Indemnified Parties.
As used herein, the term "Environmental Laws" shall mean "any and all present
and future federal, state or local laws (whether common law, statute, rule,
regulation or otherwise), permits, orders and any other requirements of
Governmental Authorities relating to the environment or any "Hazardous
Substance" or "Hazardous Substance Activity" (as defined herein) (including,
without limitation, the Comprehensive Environmental Response, Compensation
and Liability Act of 1980 (42 U.S.C. §§ 9601 at seq.) as amended from time to time
and the applicable provisions of the California Health and Safety Code and
California Water Code)"
As used herein, the term "Hazardous Substance" shall mean "any (a) chemical,
compound, material, mixture or substance that is now or hereinafter defined or
listed in, or otherwise classified pursuant to any Environmental Law as a
"hazardous substance ", "hazardous material," "hazardous waste," "extremely
hazardous waste," "infectious waste," "toxic waste," "toxic pollutant," or any other
formulation intended to define, list or classify substances by reason of deleterious
properties or affect and (b) petroleum, petroleum by- products, natural gas, natural
gas liquids, liquefied natural gas, synthetic gas usable for fuel (or mixtures of
natural gas in such synthetic gas), ash, municipal solid waste, steam, drilling fluids,
produced waters and other wastes associated with the exploration, development
and production of made oil, natural gas or geothermal resources."
13. Liens: The Contractor shall be responsible for the satisfaction or payment of
any liens for any provider of Work, labor, material or services claiming by,
through, or under Contractor relating to any Project Work or the property where
the Project Work is to be performed. The Contractor shall also indemnify, hold
harmless and defend the Indemnified Parties for, from and against any such
liens, including reasonable Attorneys' fees incurred as a result of such liens.
Contractor shall not be required to indemnify, hold harmless and defend the
Indemnified Parties from the sole or active negligence or willful misconduct of the
Indemnified Parties. Such liens shall be discharged by the Contractor, as
applicable within ten (10) days of notice of filing thereof by bonding, payment or
otherwise, provided that Contractor may contest, in good faith and by appropriate
proceeding, any such liens.
12
EXHIBIT B
TERMS & CONDITIONS
DOCUMENTS
•
0
TO BE INCORPORATED INTO CONSTRUCTION
14. Default: In the event Contractor fails to comply with any provisions of the
Contract Documents ( "Default "), which Default shall not have been cured within
seven (7) calendar days after receiving written notice specifying such Default, the
City may, in addition to any other remedies provided at law or in equity,
immediately or any time thereafter terminate this Agreement upon written notice
to the Contractor.
13
L
EXHIBIT 1
LANDSCAPING SPECIAL PROVISIONS
EXHIBIT 1, Page 1 of 9 BCCC LANDSCAPING
EXHIBIT 1
LANDSCAPING SPECIAL PROVISIONS
PART1- GENERAL
1.1 THE REQUIREMENT
A. The Contractor shall furnish all tools, equipment, materials, and supplies and shall perform all
labor required to complete the work as indicated on the Drawings and specified herein.
B. This Section covers the reconstruction or repair of an automatic irrigation system, complete
and operable, in accordance with the requirements of the Contract Documents.
C. The irrigation system shall include, but not be limited to, all pipes, fittings, sprinklers, valves,
automatic control valves, controllers, valve boxes, drain valves, hose bibb valves, operating
wrenches, riser assemblies, direct burial wires, electrical connections, wiring and other
appurtenances, piping, connections, testing, cleanup, maintenance and adjustments necessary
for a complete operating system, ready for immediate use upon completion. Minor items
necessary for proper construction and functional operation of this system, not specifically
described on the plans or in the Contract Documents, shall be included as a part of the work of
this Section.
D. Landscaping as referred to herein shall include, but not be limited to the following work: soil
preparation, installation of headers, weed control, finish grading, furnishing and installing plant
materials, tree staking and tying, cleanup, guarantee.
1.2 RELATED WORK SPECIFIED ELSEWHERE
A. Project Specifications
B. SSPWC Section 212
C. SSPWC Section 308
1.3 CONTRACTOR SUBMITTALS
Submittals shall be made in accordance with the SSPWC and the project specifications.
A. General: The Contractor shall furnish a certificate with each delivery or bulk material
delivery, stating source, quantity, and type of material. All materials shall conform to specification
requirements. All certificates shall be delivered to OWNER at the time of each delivery. All bulk
delivered materials shall be delivered with level load volume plainly marked on the truck bed.
B. Topsoil Report: Topsoil report as well as literature on fertilizers, peat, mulch, "Silva- fiber" and
seed mixes, shall be submitted to OWNER as specified.
C. Certificates of Inspection: Certificates of inspection of plant material, as may be required by
Federal, State, or other authorities having jurisdiction, shall be furnished to OWNER and
accompany the shipment.
D. Certified Report on Topsoil Analysis: The Contractor shall submit for approval by OWNER a
certified report by an approved analytical laboratory showing analyses of representative samples
of topsoil proposed for use. The topsoil shall not be delivered to the site until approval is received
EXHIBIT 1, Page 2 of 9 BCCC LANDSCAPING
0 0
from OWNER. Approval of the laboratory report does not constitute final acceptance. Topsoil
shall be subject to rejection by the OWNER on or after delivery if it is found not to meet the
requirements of the Specifications or does not conform to the laboratory test results.
1.4 QUALITY ASSURANCE
A. General: All plants furnished by the Contractor shall be true to type or name as shown in the
Contract Documents and shall be tagged in accordance with the standard practice recommended
by the Agricultural Code of the State of California; however, determination of plant species or
variety will be made by OWNER
B. All plants shall comply with Federal and State laws requiring inspection for plant diseases
and infestations. Inspection certificates required by law shall accompany each shipment of
plants, and certificates shall be delivered to OWNER.
C. The Contractor shall obtain clearance from the County Agricultural Commissioner, as
required by law, before planting plants delivered from outside the County in which they are to be
planted. Evidence that such clearance has been obtained shall be filed with OWNER.
D. All inspections herein specified will be made by OWNER. The Contractor shall request
inspection at least 24 hours in advance of the time inspection is required. Inspection will be
required on the following stages of the WORK:
1. Prior to removals of the existing landscaping and turf.
2. During preliminary grading, soil preparation, and initial weeding.
3. When trees are spotted for planting, but before planting holes have been excavated.
4. When finish grading has been completed.
5. When all specified work, except the maintenance period, has been completed.
E. Plants shall be subject to inspection and approval or rejection by OWNER at place of growth
and upon delivery to site at any time before or during progress of the work based on:
1. Quantity, quality, size, and variety;
2. Ball and root condition; and
3. Latent defects and injuries resulting from handling, disease, and insects.
F. Plants approved at pre - planting inspection shall still be subject to rejection during planting if
found not to be in compliance with the Specifications.
G. Rejected plants shall be identified in an obvious manner, removed from the site and replaced
with acceptable equals.
H. Plants shall have been grown in nurseries, which have been inspected by the governing
authorities. Inspection of plant materials required by OWNER shall be the responsibility of the
Contractor, who shall have, if required, secured permits or certificates prior to delivery of plants to
site.
EXHIBIT 1, Page 3 of 9 BCCC LANDSCAPING
E
I. In the event of conflict between the requirements of these Special Provisions, the Project
Specifications and the SSPWC, the document highest in precedence shall control. The
precedence shall be:
1. Appendix B — Landscaping Special Provisions.
2. Project Specifications.
3. SSPWC.
1.5 CLEANUP
1.6
1.7
A. Upon completion of all planting operations, the portion of the project site used for work or
storage area by the Contractor shall be cleaned of all debris, superfluous materials, and
equipment. All such materials and equipment shall be entirely removed from the project site.
Cleaning shall be done in a manner that will not result in any discharge of contaminated materials
into any catch basin.
B. All walks or pavement shall be swept or washed clean upon completion of WORK.
C. During the entire Contract period, plant containers that have been cut or removed from plant
materials shall be removed from the project site daily.
MAINTENANCE OF LANDSCAPING PLANTING PRIOR TO ACCEPTANCE OF PROJECT
A. General: The Contractor shall be responsible for protecting and watering all planting until
final acceptance of all work under the contract.
B. Waterino: Trees and shrubs shall be thoroughly soaked after planting and provided with
additional water at intervals as necessary to provide for good health and growth of the planting.
C. Upon completion of sodding, the entire area shall be soaked to saturation by a fine spray.
The new planting shall be kept moist during dry weather or whenever necessary for proper
establishment of the lawn. Care shall be taken to avoid excessive washing or puddling on the
surface and any such damage caused thereby shall be repaired by the Contractor at its own
expense.
D. Protection: The Contractor shall provide adequate protection to all newly sodded areas
including the installation of temporary fences approved by OWNER to prevent trespassing and
damage, as well as erosion control, until final inspection.
E. The Contractor shall replace any materials or equipment it has damaged or which have been
damaged by its employees or Subcontractors.
F. Partial utilization of the project by OWNER, OCSD or the City shall not relieve the Contractor
of any of the requirements contained in the Contract Documents.
G. Any sprinkler lines broken or disrupted by the Contractor shall be immediately repaired to
proper working order, or replaced and to the satisfaction of the OWNER.
FINAL INSPECTION AND GUARANTEE
A. Final inspection of all lawns and plantings will be made at conclusion of the contract WORK
and must be actable to both the City and the OWNER..
EXHIBIT 1, Page 4 of 9 BCCC LANDSCAPING
• •
B. Written notice requesting final inspection shall be submitted to the City and the OWNER at
least 10 days prior to the anticipated inspection date.
C. Final acceptance of the Work will be accepted upon written approval by the City and the
OWNER, on the satisfactory completion of all Work, but exclusive of the replacement of plant
material.
D. Plants used for replacement shall be of the same size and variety specified in the plant list.
Plants shall be furnished, planted, staked, and mulched as specified.
PART 2 - PRODUCTS
2.1 GENERAL
A. All landscaping materials for soil conditioning, weed abatement, or planting shall be first -
grade, commercial quality and shall have certificates indicating the source of material, analysis,
quantity, or weight attached to each sack or container or provided with each delivery. Delivery
certificates shall be given to OWNER as each shipment of material is delivered. A list of the
materials used, together with typical certificates of each material, shall be submitted to OWNER
prior to the final acceptance of the job.
2.2 TERMINOLOGY AND QUALIFICATIONS
A. Plants or plant material having characteristics not conforming to terms as defined will not be
accepted. The terms "plant material' or "plants" refer to all vegetation, whether trees, shrubs,
ground cover, or herbaceous vegetation.
B. Quality refers to structure and form, as evidenced by density and number of canes and
branches, compactness, symmetry, and general development without consideration of size or
condition. Standard quality indicates the least acceptable quality. Plants shall be typical of the
species and variety of good average uniform growth, shall be well formed and uniformly
branched, and shall have the minimum number of canes specified, free from irregularities, or shall
conform to minimum quality index. Where the number of canes is not specifically stated in
describing this grade, the standards of the "Horticultural Standards" as adopted by the American
Association of Nurserymen, shall apply. In this case, the number of canes and other factors for
the appropriate classification under "quality definition" in the Horticultural Standards shall be the
Quality index. Plant material below this standard will be considered "culls" and are not
acceptable. Plants shall be nursery grown.
C. Specimen means an exceptionally heavy, symmetrical, tightly -knit plant, so trained or favored
in its development and appearance as to be outstanding, superior in form, number of branches,
compactness, and symmetry.
D. Size is the factor controlled by dimensions representing height or spread, or both, without
consideration of quality or conditions. For standard quality, a dimension is given for height or
container size, or a dimension is given for height as well as container size.
E. Height is usually indicated with a tolerance. The smaller dimension is the minimum
acceptable. The larger dimension represents the maximum permissible. The average dimension
of all plants must equal the average of the tolerance figures shown on each item.
F. Condition is the factor controlled by vitality and ability to survive and thrive and be
comparable with normal plants of the same species and variety in the vicinity, at the same season
of the year. In addition, plants shall be free from physical damage or adverse conditions that
would prevent thriving. Conditions also sometimes refer to state of growth, i.e., whether "dormant
EXHIBIT 1, Page 5 of 9 BCCC LANDSCAPING
2.3
2.4
2.5
PART 3
3.1
• •
condition" or "growing condition" and this state shall be comparable to plants of similar species in
the vicinity or leaves, formation of buds, and the like.
G. Cane means a primary stem which starts from the ground, or close to the ground, at a point
not higher than 114 the height of the plant.
H. Caliber shall be taken 12 inches above the finish grade or ground, as a guide, or where a
dimension in trunk appears to form the head of the tree.
I. Foliage line is maximum dimension in case of specimen plants. It measures from ground to
lowest part of body of plant.
J. Collected plants shall not be used.
PLANT MATERIALS
A. Plants shall meet requirements of the Contract Documents and the OWNER and shall be in
accordance with the botanical names and applicable standards of quality, size, condition, and
type. They shall be true to name, genera, species, and variety in accordance with reference
publications.
B. Plant names are defined in "Standardized Plant Names" and "Bailey's Encyclopedia of
Horticulture ". When a name is not found in either reference, the accepted name used in the
nursery trade shall apply.
SOD GRASS
A. Sod shall contain at least 85 percent permanent grass suitable to the climate in which it is to
be placed; not more than 25 percent nursing grass; not more than 10 percent weed and
undesirable grasses, and shall be of good texture, free from obnoxious roots, stones and
foreign materials. The sod shall be cut in 16 -inch squares, 16 -inch wide strips, 4 -ft wide
strips or 4 -ft wide squares, uniformly 1 -1/2- inches thick with clean cut edges.
B. Sod varieties will be site specific as follows:
a. Fairway sod: Titway II Hybrid Bermudagrass
b. Rough sod: Bulls eye Bermuda grass
c. Greens sod: A4 Bentgrass.
C. The Contractor will be required to coordinate placement of sod and its location with OWNER
prior to beginning of any sod replacement.
MISCELLANEOUS MATERIALS
A. Bunker sand shall be Augusta White from Valley Rock and Sand.
- EXECUTION
GENERAL
A. The landscape work shall not be performed at any time when it may be subject to damage by
climatic conditions.
EXHIBIT 1, Page 6 of 9 BCCC LANDSCAPING
B. The Contractor shall verify all dimensions. Any discrepancies or inconsistencies discovered
on the plans shall be brought to the attention of the City and OWNER. Dimensions and plant
locations shall be coordinated with the OWNER and final location shall be site - oriented by the
planter and OWNER.
C. In case of conflict between the plant list totals and total plant count of the Contract
Documents, the Contractor shall provide the higher number of plants.
D. The Contractor shall provide temporary fencing, barricades, covering, or other protections to
preserve existing landscaping items indicated to remain and to protect the adjacent
properties and other structures when they may be damaged by the landscape work.
E. The Contractor shall remove and /or relocate landscape items such as trees, shrubs, grass,
other vegetation, improvements, and obstructions as shown on Drawings or otherwise
specified.
F. It shall be the responsibility of the Contractor to avail itself of any information regarding
utilities, which are in the area of work and to prevent damage to the same. The Contractor
shall provide protection to the utilities as necessary.
G. The Contractor shall provide protection to structures, sidewalks, pavements, and other
facilities in areas of work, which are subject to damage during landscape work. Open
excavations shall be provided with barricades and warning lights, which conform to the
requirements of governing authorities and the State's OSHA safety requirements.
H. Planting areas include all areas to be landscaped unless specified or shown otherwise.
3.2 SOIL PREPARATION
A. The landscape work shall not begin until all other trades have repaired all areas of
settlement, erosion, rutting, etc., and the soils have been re- established, recompacted, and
refinished to finish grades, to OWNER approval.
B. Areas requiring grading by the landscaper including adjacent transition areas shall be
uniformly level or sloping between finish elevations to within 0.10 -ft above or below required
finish elevations.
C. The landscape work shall not proceed until after walks, curbs, paving, edging, and irrigation
systems are in place. The contract operations shall be completed to a point where the
landscape areas will not be disturbed. The subgrade shall be cleaned free of all waste.
D. During grading waste materials in the planting areas such as weeds, rocks (2- inches and
larger) building materials, rubble, wires, cans, glass, lumber, sticks, etc., shall be removed
from the site. Weeds shall be dug out by the roots.
E. Fertilizers, additives, seed, peat, etc. subject to moisture damage shall be kept in a
weatherproof storage place in such a manner that they will be kept dry.
F. After removal of waste materials, the planting area subgrade shall be scarified and pulverized
to a depth of not less than 6 inches and all surface irregularities below the cover of topsoil
removed.
G. Finish grading shall consist of:
1. Final contouring of the planting areas.
EXHIBIT 1, Page 7 of 9 BCCC LANDSCAPING
• 0
2. Placing 4 inch of topsoil over all areas to be planted unless shown or specified otherwise.
3. Placing all soil additives and fertilizers.
4. Minor adjustment of finish grades as required.
5. Removing waste materials such as stones, roots, or other undesirable foreign material
and raking, disking, dragging, and smoothing soil ready for planting.
H. Any unusual subsoil condition that will require special treatment shall be reported to the City
and OWNER.
I. Surface drainage shall be provided by molding the surfaces to facilitate the natural run -off of
water. Low spots and pockets shall be filled with topsoil and graded to drain properly.
J. Finish grade of all planting areas shall be 1 -1/2- inches below finish grades of adjacent
pavement of any kind.
3.3 DELIVERY, STORAGE, AND HANDLING OF PLANT MATERIAL
A. Plant material shall be planted on the day of delivery if possible. The Contractor shall protect
the stock in a temporary nursery at the project site where it shall be protected from sun and
drying winds and shall be shaded, kept moist, and protected with damp soil, moss, or other
acceptable material. Plants shall be planted within 24 hours after delivery.
3.4 SODDING
A. Grass sod shall be provided by the Contractor and shall be placed in the location as
coordinated with OWNER. The Contract Price for Remove and Replace Existing
Landscaping in Kind is based on the work area allowed on the Plans and NO additional
compensation will be allowed for areas requiring grass sod disturbed by the Contractor.
B. The soil shall be prepared and fertilized before grass sodding. The Contractor shall prepare
only enough ground that can be planted within 24 hours thereafter.
C. Soil preparation shall consist of the following:
1. Preparation of sub -grade grading shall be per "Part 3 -- Execution" in Paragraphs entitled
"General" and "Soil Preparation ", herein.
2. Finish grading shall be per "Part 3 -- Execution" in Paragraph entitled "Soil Preparation ",
herein. Topsoil required at areas to be sodded shall be 1 -1/2- inches. The soil additives
and fertilizer for finish grading shall consist of mulch at 5 cu yd /1000 sq ft and commercial
fertilizer at 20 lb/1000 sq ft.
D. Grass sod shall be cut and laid on site the same day.
E. The grass sod shall be placed over leveled, compacted, and prepared finish graded soil. The
topsoil and sub -base shall be moist enough to resist shifting.
F. Grass sod on slopes should be staked down by pegging (driving) a wooden peg through the
sod. Wire stakes shall not be used for pegging sod.
G. Grass sod shall always be laid across slopes.
EXHIBIT 1, Page 8 of 9 BCCC LANDSCAPING
0 0
H. All new grass sod shall be rolled or firmly but lightly, tamped with a suitable wooden or metal
tamper, sufficiently to set or press grass sod into underlying soil.
After grass sodding has been completed, the grass sodded area shall be cleaned up and
thoroughly moistened by sprinklers.
EXHIBIT 1, Page 9 of 9 BCCC LANDSCAPING
0 • C_556)_
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
Big Canyon Country Club
One Big Canyon Drive
Newport Beach, CA 92660
t se-._
Attn: General Manager ��.,. , _
Space above this line for Recorder's use only.
QUITCLAIM DEED AND PARTIAL TERMINATION OF EASEMENT
This Quitclaim Deed and Partial Termination of Easement (this "Quitclaim ") is
effective as of , 2006 ( "Effective Date ") and is made with
reference to the following facts.
A. On May 6, 1971, in Book 9631, Pages 492 through 497, of the Official
Records of Orange County, California, an easement executed by the Irvine Company in
favor of the City of Newport Beach, a municipal corporation ( "City"), was recorded
( "Easement ").
B. The City now desires to quitclaim to Big Canyon Country Club, a California
mutual benefit non - profit corporation ( "BCCC "), a portion of the Easement.
NOW, THEREFORE, for valuable consideration, receipt of which is hereby
acknowledged, the City does hereby quitclaim to the BCCC that portion of the
Easement as described in Exhibit "A" and delineated on Exhibit `B," both of which
exhibits are attached hereto and incorporated herein by this reference. The remaining
portion of the Easement not quitclaimed to the BCCC shall remain unchanged and shall
be in full force and effect.
APPROVED AS TO FORM
By: A., ( -
Aaron C. Harp,
Assistant City Attorney
For the City of Newport Beach
ATTEST
By:U ebiV+ %)7, IbL
LaVonne Harkless, City Clerk
For the City of Newport Beach
THE CITY OF NEWPORT BEACH
By:
Don Webb, Mayor
For the City of Newport Beach
STATE OF CALIFORNIA
COUNTY OF ORANGE
0
) ss:
2006, before me,
0
personally appeared _
personally 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
has 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 acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
On 2006, before me,
(This area for official notarial seal)
personally appeared _
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
has 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 acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(This area for official notarial seal)
EXHIBIT "A"
BEING A PORTION OF BLOCKS 56 AND 92 OF IRVINE'S SUBDIVISION, IN THE CITY OF
NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN
BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF A STRIP OF LAND 10.00 FEET IN WIDTH, SHOWN AS "PARCEL I" IN THE
DOCUMENT RECORDED MAY 6, 1971 IN BOOK 9631, PAGE 492 OF OFFICIAL RECORDS IN
SAID COUNTY. LYING SOUTHERLY OF BIG CANYON DRIVE AND HAVING THE FOLLOWING
TWO COURSES, SOUTH 05 °15'20" WEST, 299.93 FEET AND SOUTH 50 °37'09" WEST, 15.00
FEET.
VWSSOC &
SOCIATES
Civil Engineers — Land Surveyors - Planners
2552 White Road, Suite B
Irvine, CA 92614 -6236
949 - 660 -0110 Fax: 949 -660 -0418
ESMT I-QC
EXHIBIT "A"
LEGAL DESCRIPTION
W.O. No. 1140- 369 -001 Date: 04/04/2006
Engr.B.JW. Chk'd. J.W. Sheet 1 of 1
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PORTION 10' SEWER
EASEMENT "PARCEL 1"
PER BK. 9631, PG. 492, O.R.
TO BE QUITCLAIMED
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CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS
2552 WME ROAD, SUM B •IRVU0, CA 926146236
(949) 660 -0110 PAX 660 -0418
EXHIBIT "B"
SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
ESMT I
W.O. No. 1140- 369 -001 Date 04/03/06
Engr. B.J.W. Chk'd J.W, Sheet 1 Of 2
BIG CANY09V COVXTRTCLVB
One Big Carryon Drive
Newport BeacF4 a 92660
April 11, 2006
Board Secretary
Orange County Sanitation District
P.O. Box 8127
Fountain Valley, CA 92728
Aaron C. Harp
Assistant City Attorney
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
RE: Big Canyon Trunk Sewer Improvement Project
Ladies and Gentlemen:
At the present time, the Orange County Sanitation District ( "OCSD ") has a trunk sewer
line (the "OCSD Line') that is routed in part through land (the "Property ") owned by Big
Canyon Country Club ( "Owner'). The City of Newport Beach (the "City ") also has lines
through the Property that serve the residential community of Big Canyon (the "City
Lines "). OCSD has identified the OCSD Line as a line it would like to replace and
relocate due to its age, depth and present location, which is difficult to maintain ( "OCSD
New Lines "). The City would also like to relocate some of the City Lines through the
Property ( "City New Lines "). The OCSD New Lines and the City New Lines to be
relocated are sometimes referred to herein as the "New Lines." OCSD has entered into
an agreement with the City to allow the City to take the lead in the work to replace the
OCSD Line.
The City and OCSD have asked Owner to set forth the terms under which it would allow
the contractor selected by the City (the "Contractor") to enter upon the Property to install
the New Lines in accordance with the plans, specifications and other documentation
described in a project entitled "2005 -2006 Various Sewer Main Improvements and Big
Canyon Trunk Sewer Replacement- Contract No. 3562" ( "Plans and Specs "). The City
and OCSD have also asked Owner to specify the terms and conditions under which it
would grant: (1) OCSD replacement non - exclusive easements to operate and maintain
the OCSD New Lines; and (2) City an amendment and restatement of its existing
easements to operate and maintain the City New Lines. The purpose of this letter
agreement is to set forth those terms.
0 0
Board of Secretary for OCSD
Aaron C. Harp
April 11, 2006
Page 2
Therefore, Owner, OCSD and the City agree as follows:
1. Reference is made to the following documents:
a. Construction Access Agreement (the "Access Agreement ") dated
as of April 25, 2006 attached hereto as Exhibit "A" and by this reference incorporated
herein.
b. Grant of Easement (the "Old OCSD Easement') made by the Irvine
Company to County Sanitation District No. 5 of Orange County, California recorded on
November 14, 1969 in Book 9137 pages 952 through 956 Official Records of Orange
County, California.
C. Grant of Non - Exclusive Easement made by Owner to OCSD in the
form of Exhibit "B" attached hereto and by this reference incorporated herein (the "New
OCSD Easement').
d. Grant of Easement (the "Old City Easements ") made by the Irvine
Company and/or Owner to the City recorded on the following dates at the following
places: (i) May 18, 1971 in Book 9644, Pages 465 through 474 Official Records of
Orange County California; (ii) November 24, 1971, in Book 9901, Pages 304 through
309 Official Records of Orange County California; and (iii) June 19, 1975 in Book
11435, Pages 247 through 252 Official Records of Orange County, California.
e. Amended and Restated Easements made by Owner to the City in
the form of Exhibit "C" attached hereto and by this reference incorporated herein.
f. Grant of Easement (the "Old Canyon Fairway Easement ") made by
Owner to the Irvine Company recorded on May 8, 1984, as Document No. 84- 190109
Official Records of Orange County, California.
g. Amended and Restated Easement made by Owner to Canyon
Fairway Community Association in the form of Exhibit "D" attached hereto and by this
reference incorporated herein.
h. The easements referred to in paragraphs 1 (c), (e), and (g), above,
are sometimes collectively referred to herein as the "New Easements ".
2. Terms which are defined in the Access Agreement shall have the same
meanings in this letter agreement. The background set forth in the Recitals to the
Access Agreement is incorporated by reference in this Agreement.
3. Owner agrees to execute and deliver to the City the Access Agreement
and the New Easements by April 24, 2006. The City and District agree that the New
Board of Secretary for OCSD
Aaron C. Harp
April 11, 2006
Page 3
Easements shall not be recorded with the Orange County Recorder until after OCSD
has made the Payment to Owner set forth in Paragraph 4 below.
4. Prior to initiation of construction, OCSD shall deliver to Owner the sum of
Three Hundred Sixty -Eight Thousand Five Hundred Dollars ($368,500) ( "Payment to
Owner") as partial consideration for the replacement OCSD easement and in partial
consideration for access by Contractor during the Initial Term. OCSD and City agree
that the City shall not be liable for any portion of the Payment to Owner to be made by
OCSD.
5. As partial consideration for Owner's agreements herein set forth: (a) City
shall execute, acknowledge and deliver to Owner the quitclaim attached hereto as
Exhibit "E" which is incorporated herein by this reference, provided the easement
referenced therein is no longer necessary for operation and maintenance of the City
Lines (the "City Quitclaim "); and (b) OCSD shall execute, acknowledge and deliver to
Owner a quitclaim in the form of Exhibit "F" attached hereto and incorporated by this
reference (the "OCSD Quitclaim ") of those portions of the Old OCSD Easement as are
not required for the operation or maintenance of OCSD facilities located within the New
OCSD Easement. OCSD and City shall deliver the OCSD Quitclaim and City Quitclaim
at such time as all of the following conditions have been satisfied: (1) the Work shall
have been completed and accepted by OCSD and City; (2) Owner shall have previously
delivered to City the fully executed and acknowledged New Easements as provided
above; and (3) Owner shall have secured and delivered to City executed and notarized
subordination agreement(s) substantially in the form of Exhibit "G" attached hereto and
incorporated by this reference from those third parties holding deed(s) of trust, or other
security interests in the Property that, if exercised, would be potentially adverse to
OCSD's, City's and /or Canyon Fairway's perpetual rights in the New Easements, and
whose interests in the Property were recorded subsequent to the recordation of the
OCSD's, the City's and Canyon Fairway's Old Easement.
6. Prior to or concurrently with the delivery of the OCSD Quitclaim and City
Quitclaim, OCSD and City shall abandon in place the existing sewer trunk line in the
areas affected by the OCSD Quitclaim and the City Quitclaim. Abandoning the lines in
place may, but is not required to, include filling such lines, which would render the lines
inoperable. If the District and /or the City desire to fill the abandoned portions of such
lines, access to the Property to do such work shall be coordinated with Owner. Except
to the extent necessary or appropriate to install the New Lines, neither OCSD nor City
shall be required to remove the existing sewer lines in the quitclaimed areas, and any
remaining sewer lines in the quitclaimed area shall thereafter be owned and controlled
by Owner, and may thereafter be altered or removed at Owner's sole discretion.
Neither OCSD nor City makes any representation or warranty that the abandoned
sewer lines are structurally sound, nor that such lines are suitable for any sewer or other
pipeline purpose, nor that such lines have any salvage or other value.
Board of Secretary for OCSD
Aaron C. Harp
April 11, 2006
Page 4
This letter agreement shall be of no force or effect if not fully signed and delivered by
the parties hereto not later than May 1, 2006. This letter agreement and the exhibits
attached hereto is the entire agreement between the parties to this letter agreement
regarding the subject matter hereof.
[SIGNATURES ON FOLLOWING PAGE]
0
Board of Secretary for OCSD
Aaron C. Harp
April 11, 2006
Page 5
APPROVED AS TO FORM:
BRADLEY R. HOGIN
GENERAL COUNSEL
By:
vid E. endig
APPROVED AS TO FORM:
By: 4.1-- ( A —C4--
Aaron C. Harp,
Assistant City Attorney
for the Citv of Newnnrt BParh
0
ORANGE COUNTY SANITATION
DISTRICT
By: `� E
�e(s/lJ Ruth, General
renny myie,
Directors
CITY OF NEWPORTA I,
A Municipal Corporati¢nr //
Lion -Webb, MaT r -
for the City of Newport Beach
of
Exhibit B - New OCSD Easement
Exhibit C - Amended and Restated City Easements
Exhibit D - Amended and Restated Canyon Fairway Easement
Exhibit E - City Quitclaim
Exhibit F - OCSD Quitclaim
Exhibit G - Subordination Agreements
0
0
CONSTRUCTION ACCESS AGREEMENT WITH
THE BIG CANYON COUNTRY CLUB
FOR THE BIG CANYON TRUNK SEWER IMPROVEMENT PROJECT
THIS CONSTRUCTION ACCESS AGREEMENT ( "Agreement ") is made and
entered into as of this day of April, 2006, by and between the CITY OF
NEWPORT BEACH, a Municipal Corporation ( "City"), and Big Canyon Country Club, a
California non - profit mutual benefit corporation (the "Owner "), and is made with
reference to the following:
RECITALS
WHEREAS, City is a 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;
WHEREAS, Orange County Sanitation District is a duly organized County
Sanitation District existing pursuant to the County Sanitation District Act, California
Health and Safety Code section 4700 et seq. ( "District ");
WHEREAS, Owner owns a portion of the land (the "Project Boundaries ")
bounded by Jamboree Road, Ford Road, MacArthur Boulevard and San Joaquin Hills
Road in Newport Beach, California;
WHEREAS, the portion of the land (the "Property") within the Project Boundaries
which is owned by Owner is described in Exhibit A, attached hereto and made a part
hereof ( "Construction Map "), and has been improved as a golf course, driving range,
clubhouse and related site, recreational and maintenance facilities;
WHEREAS, District owns, operates and maintains a 12 -inch to 15 -inch trunk
sewer line within the City of Newport Beach located beneath the Property and the
unrelated Big Canyon residential development (hereinafter the District's existing sewer
line shall be referred to as the "Big Canyon Trunk Sewer");
WHEREAS, the Big Canyon Trunk Sewer was built in the 1960s and was
subsequently covered by substantial amounts of earth fill during construction of the Big
Canyon Country Club and Big Canyon residential development;
WHEREAS, as a result of the construction, portions of the Big Canyon Trunk
Sewer are buried deep underground (up to 45 feet), making it difficult to properly
maintain it;
WHEREAS, City owns, operates, and maintains numerous sewer lines in the Big
Canyon development that connect to the Big Canyon Trunk Sewer ( "City Sewers ");
EXHIBIT A
WHEREAS, on June 14, 2005, the City and District entered into a
Reimbursement Agreement for the Big Canyon Trunk Sewer Improvement Project, a
joint project to be administered by the City, which provided for, among other things, the
construction and realignment of Big Canyon Trunk Sewer to allow easier access for
maintenance purposes ( "New Big Canyon Trunk Sewer "), the extension of the City's
Sewer lines to connect to the New Big Canyon Trunk Sewer, and the repair,
replacement, and realignment of a portion of the City Sewers that connect to the Big
Canyon Trunk Sewer (collectively, the "Project ");
WHEREAS, the location of the New Big Canyon Trunk Sewer and additional City
sewer lines ( "City Lines') to be constructed on the Property are shown on Exhibit A;
WHEREAS, pursuant to the Reimbursement Agreement, the City agreed to
coordinate and obtain permission from the Owner to obtain access for the construction
of the Project; and
WHEREAS, the Owner and City desire to enter into this Agreement to provide for
such access and entry for the construction of the portion of the Project on the Property
subject to the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises, covenants,
undertakings, and other consideration set forth in this Agreement, City and Owner
(sometimes a "party" or the "parties') agree as follows:
1. Grant of Access. For valuable consideration, Owner hereby grants to
District and City, their employees, agents, consultants, the contractor selected by the
City to perform the Project ( "Contractor'), the Contractor's employees, agents, material
suppliers, subcontractors, and their employees ( "Authorized Parties') the right to access
and enter upon the Property for the purpose of performing any and all work necessary
to construct the Project (the "Work "), subject to the terms and conditions set forth
herein. This Agreement is expressly conditioned upon (i) the attendance of the
Contractor and its on -site superintendent at a pre - construction meeting to be held with
the Owner at the Property to discuss the Contractor's plan to perform the Work in a
manner consistent with the terms of this Agreement, which terms shall be incorporated
into the agreement with the Contractor selected to perform the Work; (ii) Contractor
accessing the Property at the designated locations described herein; and (iii) prior to
entry on the Property, the delivery to Owner of a certificate of insurance as provided in
Exhibit B, which is attached hereto and incorporated by this reference (the "Construction
Document Requirements'). City acknowledges that Owner has no authority to grant
access over any other property within the Project Boundaries. The grant of the access
is subject to all of the terms and provisions of this Agreement. The City shall cause the
Contractor and the Authorized Parties to comply with the terms of this Agreement in the
performance of the Work.
2. Portion of the Property Subiect to the Agreement. The portions of the
Property which are the subject of this Agreement are: (a) described in Section 2 of the
Construction Document Requirements as the designated locations for accessing the
2
0 0
Property; (b) depicted as the "Proposed Work and Work Zone' (collectively, the "Work
Zone ") on plans for the Work prepared by Walden & Associates, sheets G0002 (2 of
17), G0002A (2A of 17), G0002B (213 of 17), and G0002C (2C of 17) (collectively, the
"Plans "); and (c) depicted as the Construction Storage Area and Construction Access
Routes on Exhibit A attached hereto. The areas described in (a) through (c) of this
Section are collectively referred to herein as the "Access Ares". Entry by the Authorized
Parties on portions of the Property other than the Access Areas shall be deemed to be a
breach of this Agreement.
3. Construction Documents. The City shall include those terms and
conditions set forth in the Construction Document Requirements into the Plans,
specifications, drawings, conditions or other documents that will be incorporated into the
agreement between the City and Contractor selected to perform the Work (hereinafter
"Construction Documents'). The City shall cause the Contractor, its subcontractors and
material suppliers to perform each of the terms and conditions set forth in the
Construction Documents and the Construction Document Requirements. Owner shall
cooperate with City, its Contractor and take any and all action expressly required of
Owner which are described in the Construction Document Requirements. The parties
agree that all words, terms and phrases defined in this Agreement that are used in the
Construction Document Requirements shall have the same meaning as set forth in this
Agreement.
4. Term of Agreement. The initial term (the "Initial Term ") of this Agreement
shall commence on the date when Contractor first enters upon the Property to
commence the Work and shall end one hundred and fifty (150) calendar days
thereafter. However, if the Contractor has "Completed its Work' on Phase 1, as defined
in the Construction Document Requirements, prior to June 26, 2006, the Initial Term
shall be tolled from the date Contractor has Completed its Work on Phase 1 until June
26, 2006. The Contractor shall be deemed to have "Completed its Work" on Phase 1
when it has completed the sewer installation(s), backfilled and compacted the trenches
and any other surface irregularities created by the Work back to the level at which such
areas were when Contractor commenced Phase 1 of the Work, removed all remaining
dirt and debris from the Phase 1 area excavated by Contractor (unless such dirt will be
used by Owner's contractor for the Pond Fill Project (as defined below)) and moved all
men, equipment, barricades or other obstructions from the Phase 1 area. In addition,
the Contractor shall have seven (7) calendar days past the Initial Term to complete the
landscape restoration efforts associated with Phase 7, as defined in the Construction
Document Requirements, after the Contractor has completed its Work on Phase 7, and
the City shall not be charged any amount pursuant to this Agreement during said seven
day time period. If the Work is not completed within the Initial Term, as it may have
been adjusted as described in this Section 4 above, the City, in its sole discretion, shall
have the option of extending the term of this Agreement for up to ninety (90) calendar
days ( "Extended Term') to complete the Work; provided that the City shall pay to Owner
liquidated damages in the amount of Two Thousand Dollars and No Cents ($2,000.00)
for each day during the Extended Term that the City elects to extend the Agreement.
Such payment shall be made within ten (10) days after the end of the Extended Term.
3
0 0
THE PARTIES AGREE THAT IT WOULD BE EXTREMELY DIFFICULT OR
IMPRACTICAL TO DETERMINE THE ACTUAL DAMAGES TO OWNER AS A RESULT
OF A DELAY OF THE PROJECT BEYOND THE INITIAL TERM. THE PARTIES
AGREE THAT A REASONABLE ESTIMATE OF THE TOTAL NET DETRIMENT TO
THE OWNER FROM THE DELAY OF COMPLETION OF THE PROJECT WOULD BE
THE SUM OF TWO THOUSAND DOLLARS ($2,000) PER DAY FOR EACH
CALENDAR DAY THAT THE CITY ELECTS TO EXTEND THE TERM OF THIS
AGREEMENT BEYOND THE INITIAL TERM. THE PAYMENT OF SUCH AMOUNT AS
LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY
WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369,
BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO OWNER
PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND 1677. THE
CITY HEREBY WAIVES THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION
3389 WITH RESPECT TO THE PAYMENT OF SUCH LIQUIDATED DAMAGES.
(INITIALS: The City ; Owner ) The parties hereto agree that: (a) if the
Work is not completed during the Initial Term and the Extended Term; (b) if the City
elects to terminate the agreement with the Contractor for the construction of the Project
due to the failure of the Contractor to abide by the terms and conditions contained in the
City's agreement with the Contractor; and /or (c) if differing site conditions are
encountered which were unknown at the time this Agreement was entered into, then the
Owner and City shall meet within five (5) days after the end of the Extended Term or the
termination of the City's agreement with the Contractor, whichever is earlier to
determine and agree upon a new agreement which will provide for: access and entry to
the Property for the purpose of completing the Work according to a reasonable
schedule; a reasonable amount of compensation to Owner based upon the Owner's
loss of revenue related to the then unfinished portion of the Project; and other
reasonable terms. If the Work is not expected to be resumed within twenty (20) days
after the date of such meeting, Owner may give the City notice to restore the Property in
accordance with the terms of this Agreement as if the Work had been completed by the
Contractor. In such event, the City shall commence such restoration within fifteen (15)
days after the City receives such notice and shall diligently pursue such restoration to
completion. The parties hereto agree that this Agreement may be terminated by the
City if, prior to entry by Contractor on the Property to commence the Work, the City
and/or the District elect not to proceed with the Project. The parties hereto also agree
that the Initial Term and /or Extended Term shall be extended as a result of any delays
caused entirely or primarily by the acts or omissions of Owner, and the City shall not be
obligated to pay Owner as provided herein for any Owner caused delays.
5. Coordination of Work. The parties acknowledge that Owner is in the
process of constructing a project commonly known as the Big Canyon Country Club
Pond Fill Project ( "Pond Fill Project ") and that a portion of the Work must be coordinated
with Owner's contractor of the Pond Fill Project. Part of the Pond Fill Project involves
the installation of storm drain lines (the "Storm Drain Lines') in an area where the New
Big Canyon Trunk Sewer and the City Lines will be installed. The New Big Canyon
Trunk Sewer must be installed prior to the installation of the Storm Drain Lines. In order
to not interfere with the Pond Fill Project, the City shall, by April 7, 2006, enter into a
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contract, which amount shall not exceed $30,000, with Clarke Contracting Corporation
( "CCC ") for the installation of that portion of the City Lines and the New Big Canyon
Trunk Sewer which will be below the Storm Drain Lines.
The parties agree that prior to July 5, 2006, and between stations 53 +50 and 56 +00
shown on the Plans and City Line "I" shown on Sheet 10 and the profile thereof on
Sheet 9 of the Big Canyon Trunk Drawings, the backfill and final grade work by the
Owner's contractor for the Pond Fill Project shall not be completed to an elevation
greater than two feet (2') above the top of pipe elevation of the Storm Drain Lines being
installed as part of the Pond Fill Project, within the width of the easements for the New
Big Canyon Trunk Sewer and City Lines; provided, however, to the extent Contractor
has completed installation of the New Big Canyon Trunk Sewer and City Lines in the
area of the Pond Fill Project prior to July 5, 2006, Owner may allow Owner's contractor
to complete the backfilling of those areas upon such completion.
6. Default. In the event that the City, Contractor or any of the Authorized
Parties fail to comply with any provisions of this Agreement ( "Default "), which Default
shall not have been cured within ten (10) calendar days after City receives written notice
specifying such Default, then Owner may, in addition to any other remedies provided at
law or in equity, immediately or any time thereafter terminate this Agreement herein
upon written notice to the City.
7. Construction Manager. The parties hereto agree that the City shall hire
Walden & Associates ( "Walden ") as its Construction Manager for that portion of the
Project within the Property. The City, in its sole discretion, may terminate its agreement
with Walden if Walden fails to abide by the terms and conditions of the consultant
agreement entered into between Walden and the City. In the event of such a
termination, the City shall retain a replacement construction manager to perform the
duties of Walden. The scope of the services of Walden shall be reasonably determined
by the City, but shall be subject to the prior written approval of the Owner. The City and
Owner agree that the scope of the services of Walden shall be sufficient to assure that
the Project within the Property is sufficiently supervised and inspected.
8. Notices. All notices 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. All notices, demands,
requests or approvals from Owner to City shall be addressed to City and OCSD at:
Attn: Steve Badum
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3311
Fax: 949 - 644 -3318
R
•
Attn: Director of Engineering
Orange County Sanitation District
P.O. Box 8127
Fountain Valley, CA 92728
All notices, demands, requests or approvals from City to Owner shall be addressed to
Owner at:
Attn: David Voorhees
General Manager
Big Canyon Country Club
One Big Canyon Drive
Newport Beach, Ca 92660
Phone: (949) 644 -5404
Fax: (949) 720 -9338
9. Entire Agreement. This Agreement, and the letter agreement between
Owner, the City and District of even date herewith, constitutes the entire agreement
between the parties, there being no other terms, oral or written, except as herein
expressed.
10. Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed an original, but all of which, together shall be construed as one
instrument.
11. Invalid1tv. If any provision of this Agreement shall be adjudged by a court
of competent jurisdiction to be void, invalid, illegal or unenforceable for any reason, the
same shall in no way affect (to the maximum extent permissible by law) any other
provision of this Agreement, the application of any such provision under circumstances
different from those adjudicated by the court, or the validity or enforceability of this
Agreement as a whole, but only to the extent that the application or enforcement of such
remaining provisions would not be inconsistent with the intent and purposes of this
Agreement.
12. Time of the Essence. Time is of the essence of each provision of this
Agreement of which time is an element.
13. Amendments. This Agreement may be amended, changed or modified
only by written amendment executed by the parties hereto. No waiver of any provision
of this Agreement shall be valid unless in writing signed by the party charged.
14. Binding Effect. This Agreement shall be binding upon and shall inure to
the benefit of the successors and assigns of each party to this Agreement.
15. 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
9
• •
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange.
16. Administration. As to the City, this Agreement will be administered by
the Public Works Department. Mr. Steve Badum shall be the administrator and shall
have the authority to act for City under this Agreement. As to the Owner, this
Agreement will be administered by the General Manager, David Voorhees who shall
have the authority to act for Owner under this Agreement. As to day to day in field
decisions, those shall be administered by a designate of David Voorhees who shall
have the authority to act for Owner under this Agreement.
17. Cooperation. The parties acknowledge that the intent of this Agreement
is to allow for the construction of the Project in a reasonable manner. The parties
acknowledge that in construction projects, it is some times necessary to cooperate to
address unexpected issues that may arise. The parties hereto agree to take any and
all actions reasonable, convenient, necessary or desirable to carry out the provisions of
this Agreement and to make all decisions within a reasonable time.
18. Miscellaneous Provisions.
(a) If the Contractor shall not have commenced the Work (commence is
defined as physically beginning the Work on the Property and thereafter diligently
working to complete the Work), by June 15, 2006, Owner shall have the right to
terminate this Agreement in accordance with the provisions set forth herein.
(b) Except for Phase 1 Work, as defined in Exhibit B, the City shall obtain
permission from Owner prior to authorizing the Contractor to perform Work on
Saturdays.
(c) The City and Owner intend that Owner shall be a third party beneficiary of
the terms of the agreement between the City and Contractor with respect to the
Property or the entry, or performance of any portion of the Work, thereon or restoration
thereof by Contractor or the Authorized Parties. The parties agree that the Construction
Document Requirements are to be incorporated by the City into its agreement with the
Contractor and that the City shall not rescind, amend, or otherwise modify the
provisions of the agreement with the Contractor which incorporate the Construction
Document Requirements without obtaining the prior written consent of Owner, which
consent shall not be unreasonably withheld. Nothing herein prohibits the City from
making modifications or amendments to the agreement with the Contractor without the
consent of Owner that either (a) do not affect the Work at the Property, or (b) are not
inconsistent with the Construction Document Requirements (including, but not limited to,
changes in Contractor compensation). The City shall include a paragraph in the
agreement between the City and Contractor setting forth Owners third party beneficiary
rights as described in this paragraph.
(d) City shall assure that any bonds called for in the Construction Documents
for the Work shall be properly issued to the City. If necessary, City shall take any and
VA
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all action necessary or appropriate to make a claim under the bonds and shall use any
funds realized from such bonds to pay for the labor and materials and to promptly
complete the Work.
APPROVED AS TO FORM: CITY OF NEWPOR ACH,
/� AMU n C ti
By: /T t , �_ - G�.� B
Aaron C. Harp, Don Webb, Mayor
Assistant City Attorney for the City of Newport Beach
for the City of Newport Beach
AT
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LaVonne Harkless,
City Clerk
BIG CANYON COUNTRY CLUB,
A California Non- Profit Mutual Benefit
Corporation
in
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Exhibit A: Construction Map
B: Construction Documents Terms and Conditions
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EXHIBIT B
CONSTRUCTION ACCESS AGREEMENT
TERMS AND CONDITIONS TO BE INCORPORATED INTO
CONSTRUCTION DOCUMENTS
The following terms and conditions shall be incorporated by the City into its
agreement with the Contractor for the construction of the project entitled "2005 -2006
Various Sewer Main Improvements and Big Canyon Trunk Sewer Replacement —
Contract No. 3562." Capitalized terms not defined herein shall have the same meaning
ascribed to those terms in the Construction Access Agreement (the "Construction
Access Agreement ") to which this document is an Exhibit.
1. Pre - construction Meeting: The Contractor and its on -site superintendent shall
be required to attend a mandatory pre - construction meeting with Owner at the
Property to discuss compliance with the Contract Documents. No Work will be
permitted on the Property until after the mandatory pre - construction meeting has
been conducted.
2. Phasing of the Work: The Contractor shall commence the Work as soon as
practicable. The Work set forth in Bid Items Al thru A43 of the Construction
Documents (hereinafter "Big Canyon Trunk Sewer Replacement "), and Work
shown on City Sewer Improvements drawing 20 of 24, are the first priority of
Work. In addition, the Contactor shall follow the following phasing schedule
pertaining to the Work and provide a separate schedule to the City for this Work
prior to the pre- construction meeting ( "Separate Schedule "). The Separate
Schedule, which will be provided to the Owner at the pre- construction meeting
held at the Property, shall indicate the dates each phase of Work will take place:
Phase 1 Clubhouse and Driving Range Area. Work in this phase shall
include the Big Canyon Trunk Sewer Replacement between Station
51 +50 and 65 +07.45 and all associated laterals. In addition, the
City Sewer Improvements shown on sheet 20 of 24 shall be
completed in this phase. Work shall proceed from downstream to
upstream on all installations. The first phase of Work is anticipated
to start on May 15th, 2006. The portion of Phase 1 between Station
51 +50 and 58 +00 (the "Initial Priority Work ") shall be completed by
July 5, 2006, or a day after such date for each day that elapses
between May 15, 2006 and the date Contractor is given access to
the Initial Priority Work area. Access for Phase 1 shall be from Big
Canyon Clubhouse ( "Clubhouse ") parking lot.
The Contractor shall not be allowed to perform any Work on the
City Sewer Improvements shown on sheet 20 of 24 on June 15, 16,
17, 22 and 23 because the Owner requires entire use of the
1
EXHIBIT B •
TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION
DOCUMENTS
Clubhouse parking lot on these dates. Accordingly, the Contractor
shall cease Work in the Clubhouse parking lot on those days and
remove all equipment, tools, debris and other impediments to the
ability of patrons or guest of Owner to park vehicles and walk to
Owner's facilities (and assure their safety in doing so), and all
excavations shall be covered with plates or other devices to allow
the parking spaces in the Clubhouse parking lot to be used during
such dates. Access to other Phase 1 Work on June 15, 16, 17, 22
and 23 will be limited and staging for the Work on those days will be
from the Driving Range.
Phase 2 Golf Course Area Holes No. 1 and 9. Work in this phase shall
include the Big Canyon Trunk Sewer Replacement between Station
40 +00 & 51 +50 and all associated laterals. Work shall proceed
from downstream to upstream on all installations. Access for
Phase 2 will be from the Big Canyon Drive between the 3rd and 4th
holes.
Phase 3 Golf Course Area Hole No. 2. Work in this phase shall include the
Big Canyon Trunk Sewer Replacement between Station 21 +50 &
40 +00 and all associated laterals. Work shall proceed from
downstream to upstream between Station 25 +50 and 40 +00. The
jacking operation between 25 +50 to 21 +50 shall proceed from
upstream to downstream. Access for Phase 3 will be from Big
Canyon Drive between the 3rd and 4th holes.
Phase 4 Golf Course Area Hole No. 3. Work in this phase shall include the
Big Canyon Trunk Sewer Replacement between Station 18 +40 &
21 +50. Work shall proceed from downstream to upstream. Access
for Phase 4 will be from Big Canyon Drive between the 3rd and 4th
holes.
Phase 5 Golf Course Area Hole No. 4. Work in this phase shall include the
Big Canyon Trunk Sewer Replacement between Station 14 +13.65
& 18 +40 and 8 -inch sewer Work on Big Canyon Drive. Work shall
proceed from downstream to upstream. Access for Phase 5 will be
from the golf course maintenance facilities off Jamboree Road
and/or Big Canyon Drive between the 3rd and 4th holes.
Phase 6 Work in this phase shall include the necessary connection to
existing sewers and abandonment of existing Big Canyon Trunk
Facilities between Station 14 +13.65 and 65 +07.45. Access for
Phase 6 will be from Big Canyon Drive between the 3rd and 4th
holes.
2
EXHIBIT B • 0
TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION
DOCUMENTS
Phase 7 Golf Course Holes 13 and 17. Work to be included in this phase
shall include the Big Canyon Trunk Sewer Replacement between
Station 72 +85.59 & 77 +64.25. Work shall proceed in from
downstream to upstream on all installations and include connection
to and abandonment of existing trunk sewers. Access for Phase 7
shall be from MacArthur Boulevard. In addition, the lining of the
existing Big Canyon Trunk Sewer between Station 65 +07.45 and
72 +85.59 shall be accomplished during this phase.
Work on Phase 1 shall be completed prior to performing any other Project
Work unless the Contractor obtains the express written permission of the
Owner and City's designated representative (hereinafter "Engineer ").
Contractor shall be required to coordinate Phase 1 Work with the
contractor hired by the Owner for the Pond Fill Project. Work on Phases 2
through 7 shall not commence until after June 25, 2006. Except as provided
above, Work on the City Sewer and Storm Drain improvements may be done
concurrently with the Big Canyon Trunk Sewer Replacement and can proceed in
a schedule determined by the Contractor.
For Work on Phases 2 through 7 and City Sewer and Storm Drain Work, the
Contractor shall "Complete its Work" one hole at a time so that golf play on more
than one hole is not impacted or altered by the Work at any one time. The
Contractor shall be deemed to have "Completed its Work" on a golf hole when it
has completed the sewer installation(s), backfilled and compacted the
trenches and any other surface irregularities created by the Work back to the
level of the surrounding surfaces not disturbed by the Work, removed all
remaining dirt and debris from the area and moved all men, equipment,
barricades or other obstructions off of that golf hole. The landscape restoration
efforts related to the Big Canyon Trunk Sewer Replacement does not have to be
completed prior to moving to the next phase of Work and can and shall be done
concurrently as the Contractor transitions from one phase to the next.
Notwithstanding the provisions of the Construction Access Agreement to the
contrary, restoration efforts for Phase 7 may be completed with in ten (10)
working days of the end of that Phase, but not later than 157 calendar days after
commencement of the Work. The Contractor shall be prohibited from: (1)
accessing the Property at any location other than the locations indicated on the
Construction Map; (2) conducting Work outside of the Work Zone; and /or (3)
performing other Work not permitted in the Contract Documents on the Property.
The Contractor shall phase the Work so that the intended use of the Property
and the Owner's inconvenience are minimized. Therefore, the Contractor shall
complete the Big Canyon Trunk Sewer Replacement, including required testing,
restoration and final clean -up in one phase at a time or between manholes
before moving to the next phase of Work. Contractor shall maintain a path of
cart and pedestrian travel between golf holes at all times.
3
EXHIBIT B 40 •
TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION
DOCUMENTS
In the event Contractor takes access through a golf hole upon which Work is not
then in progress, Contractor shall control its vehicles such that golfers on such
golf hole shall have the right of way. In other words, vehicles on the course on
such holes shall wait for golfers to hit before proceeding. Owner shall not be
liable to Contractor or any Authorized Party for injury to persons or damage to
property from being struck by a golf ball.
Contractor may periodically (i.e. irregularly) use the Jamboree Road access to
the Property through Owner's maintenance yard for deliveries of materials
needed for Work proximate to Jamboree Road, provided such access is between
the hours of 6:30 AM to 2:30 PM and the maintenance yard is then open.
3. Working Hours: Normal working hours are limited to 7:00 a.m. to 4:30 p.m.
Monday through Friday. Should the Contractor elect to Work later than 4:30 p.m.
up to 6:30 p.m. weekdays or between 8:00 a.m. and 6:00 p.m. Saturday, the
Contractor shall first obtain special permission from the City; provided, however,
for Phase 1 of the Work, the Contractor shall Work on Saturday at least from
8:00 a.m. to 4:00 p.m. Except as set forth above regarding Phase 1 Work, a
request to Work during any of these hours must be made at least 72 hours in
advance of the desired time period, except in emergencies involving immediate
hazard to persons or property. A separate request must be made for each Work
shift. The Engineer reserves the right to deny any or all such requests. Denial of
such request(s) will not be sufficient reason to grant the Contractor an extension
of time. No Work shall occur on Sundays.
4. Storage of Equipment: Construction materials and equipment may only be
stored on the Property in areas shown on the Construction Map, or in streets,
roads, sidewalk, if approved by the Engineer. The City and Owner have
provided three (3) staging areas for this Project as indicated on the Plans. Only
storage areas within the Property as shown on the Construction Map may be
used without the prior written consent of the Owner. The storage areas in the
Clubhouse parking lot and on the driving range may only be used during Phase 1
of the Work. The Owner requires use of the entire Clubhouse parking lot on
June 15, 16, 17, 22 and 23. The Clubhouse parking lot shall not be used for
staging or storage on those days. Staging on those days shall be from the
Driving Range. The Contractor shall cease all Work in the Clubhouse parking lot
on those days and remove all equipment, tools, debris and other impediments to
the ability of patrons or guest of Owner to park vehicles and walk to Owner's
facilities (and assure their safety in doing so). Prior to move -in, the Contractor
shall take photos of the laydown (staging) areas and provide one set to the City
and one set to Owner. The Contractor shall restore the laydown (staging) areas
to their pre- construction or better condition. The Engineer shall require new base
and pavement if the pavement condition has been compromised during
construction at no additional cost to the City, District or Owner.
12
EXHIBIT B 0 0
TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION
DOCUMENTS
5. Subcontractors: The replacement and repair of the Owner's turf, vegetation
(landscaping) and irrigation related Work on the Property shall be done in
accordance with the applicable sections of the Special Provisions and the
Landscape Special Provisions attached hereto as Exhibit 1 and, pursuant to the
requirement imposed by Owner as a condition to obtaining consent to site
access, such Work shall be conducted by the following applicable
subcontractors:
a) SOUTHWEST GROWERS AND LANDSCAPING, INC.
21251 Bushard Street
Huntington Beach, CA
Contact Person: Mr. Ron Jessee
714/964 -9511
b) CHRISTENSEN IRRIGATION COMPANY, INC.
3505 Cadillac Avenue, Ste 0 -206B
Costa Mesa, CA
Contact Person: Mr. Scott Murray
714/556 -6076
Contractor must utilize these two firms for all turf, vegetation (landscaping) and
irrigation related Work on the Property and note them in the Designation of
Subcontractor(s) portion of the Special Provisions or the bid may be
considered non - responsive."
6. Inspection Requirements: Inspection will be required by the Owner on the
following stages of the Work on the Property:
a) Prior to removals of the existing landscaping and turf.
b) During preliminary grading, soil preparation, and initial weeding.
c) When trees are spotted for planting, but before planting holes have been
excavated.
d) When finish grading has been completed.
e) Before commencing boring Work near the stream approximately 100 -120
yards from the hole #2 green, Owner shall be notified to assure that trees
in that area are not impacted by the Work.
f) As specified in the Landscape Special Provisions attached hereto as
Exhibit 1.
5
EXHIBIT B Is
TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION
DOCUMENTS
Plants shall be subject to inspection and approval or rejection by the City and/or
Owner at place of growth and upon delivery to site at any time before or during
progress of the Work.
7. Cooperation and Collateral Work: No shutdowns of water service to the
Property may occur, except as provided in this Section 7. Contractor shall be
responsible to perform all shut downs of private water facilities of Owner as
required. City forces will perform all shut downs of public water facilities as
required. The Contractor shall give the City and /or Owner seven (7) calendar
days advance notice to have the effected water service(s) shut down. The City
acknowledges that the golf course vegetation will require periodic watering
especially during the heat of the summer.
A six -hour shut down of water facilities during the daytime hours of 10:00 a.m. to
4:00 p.m. will be allowed. The Contractor will be responsible for completing all
water connections within the time period allowed. The times and dates of any
utility to be shut down must be coordinated with the City of Newport Beach,
Utilities Department and Owner, as applicable. The City must approve any
nighttime Work in advance.
Failure to comply with the shut down procedures will prevent the shut down of
the water and the Contractor shall take full responsibility for the construction of
the sewer or its appurtenances. No time extensions will be granted for failing to
comply with this procedure.
The Owner anticipates the Pond Fill Project and other construction around the
Club House, generally between or near stations 51 +50 and 58 +00 of the Big
Canyon Trunk Sewer Replacement area during the construction period of the
Work. The Contractor shall coordinate its Work with Owner's construction as
well as the operation of existing and new utilities and facilities of Owner during
the course of the Work. The Contractor shall permit others engaged in Work to
accomplish such Work without undue interference or delay. The Contractor
shall notify the City and the Owner if Owner utilities, which are in operation
require shut -off.
8. Traffic and Access: Pedestrian access within the limits of the Work must be
maintained at all times. The Contractor shall cooperate with the Engineer and
Owner to provide access that may be impacted by construction operations on the
Property, particularly path and working across fairways during construction. The
Contractor shall furnish and install signage, barricades, delineators, yellow safety
ribbon, green 4 -foot high safety fence and any other measures deemed
necessary by the Engineer to safely direct the public around areas of
construction, and into (and out of) the affected areas of Work. Such measures
EXHIBIT B
TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION
DOCUMENTS
shall be shown on the Detailed Traffic Control Plans required by the Construction
Documents.
9. Notice to Residents: Ten (10) working days prior to starting Work, the
Contractor shall deliver a tri -fold notice to the Owner and residents adjacent to
the Work describing the project and indicating the limits of construction. The City
will provide the notice. Forty -eight (48) hours before restricting vehicular or
pedestrian access to garages, parking spaces, sidewalks, etc., the Contractor
shall distribute to affected residents a written notice stating when construction
operations will start and approximately when vehicular and pedestrian
accessibility will be restored. The written notices will be prepared by the
Engineer. The Contractor shall insert the applicable dates and times when the
notices are distributed. Errors in distribution, false starts, acts of god, strikes or
other alterations of the schedule will require re- notification using an explanatory
letter furnished by the Engineer and delivered by the Contractor.
The Contractor shall provide all residents, Owner and businesses impacted by
any utility shutdown written notice twice; once three (3) days in advance and
once twenty -four (24) hours in advance of any service interruption. The City will
review and approve the notification format prior to the Contractor's distribution.
The Contractor shall submit the notice to the Engineer at lest five (5) working
days prior to distribution for approval.
10. Protection and Restoration of Existina Improvements: Contractor shall
restore all ground conditions modified by Contractor and all vegetation
(landscaping), irrigation facilities and improvements of Owner damaged or
removed by Contractor to their condition prior to the commencement of the Work,
as soon after completion of the Work as possible. Such restoration within a
Phase shall occur as soon as that Phase of the Work is completed so that the
facilities of Owner are placed back into pre -Work condition as soon as
practicable. All cost to the Contractor for protecting, removing, restoring,
repairing, replacing, or reestablishing existing improvements shall be included in
the various bid items unless otherwise specified. Owner shall receive a warranty
for all restoration Work. The warranty period shall be one year from the
acceptance of the Work by the City. Owner shall receive a maintenance period
of ninety (90) days for all turf installed. The Contractor shall provide the City a
minimum of 72 (equal to three (3) standard rolls of film) color photographs of the
initial site conditions prior to the start of construction. The Contractor shall also
provide a minimum of 24 additional color photographs per month to document
conditions of the Work in progress. The Contractor shall provide the City a
minimum of 72 color photographs of finished site conditions of the completed
Project. The photographs shall be of such views as to document Project
conditions during the progress and at the conclusion of the Project at the
locations where previous construction photograph documentation was obtained.
VA
EXHIBIT B 46 0
TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION
DOCUMENTS
11. Insurance: Insurance is to be placed with insurers with a current A.M. Best
Rating Guide rating of A -, or better, and no smaller than Financial Size Category
Class VI1, or better, and insurers must be a California Admitted Insurance
Company. The City and/or Orange County Sanitation District may require
Contractor to substitute any insurer whose rating drops below the levels herein
specified and the substitution shall occur within twenty (20) days of written notice
to Contractor by the City, Orange County Sanitation District, and/or their agents.
Contractor shall furnish City, Orange County Sanitation District, Big Canyon
Country Club, Big Canyon Community Association and the Canyon Hills
Community Association with original certificates of insurance and with original
endorsements effecting coverage required by this Contract. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. All certificates and endorsements
are to be received and approved by City and Orange County Sanitation District
before Work commences. City and Orange County Sanitation District reserve
the right to require complete, certified copies of all required insurance policies,
including endorsements, at any time.
Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries or death to persons or damages to property, which
may arise from or in connection with the performance of the Work hereunder by
Contractor, his /its agents, representatives, employees or subcontractors. The
cost of such insurance shall be included in Contractor's bid.
a) Minimum Scope of Insurance
Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability coverage
"occurrence" form number CG 0002 (Edition 11/85) or Insurance
Services Office form number GL 0002 (Edition 1/73) covering
Comprehensive General Liability and Insurance Services Office
form number GL 0404 covering Broad Form Comprehensive
General Liability.
2) Insurance Services Office Business Auto Coverage form number
CA 0002 0287 covering Automobile Liability, code 1 "any auto" and
endorsement CA 0029 1288 Changes in Business Auto and
Truckers Coverage forms - Insured Contract.
3) Workers' Compensation insurance as required by the Labor Code
of the State of California and Employers Liability insurance.
0
EXHIBIT B 0 0
TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION
DOCUMENTS
b) Minimum Limits of Insurance
Coverage limits shall be no less than:
1) General Liability: $2,000,000.00 combined single limit per
occurrence for bodily injury, personal injury and property damage
and $4,000,000.00 aggregate bodily injury, personal injury, and
property damage.
2) Automobile Liability: $2,000,000.00 combined single limit per
accident for bodily injury and property damage, including non -
owned and hired vehicles.
3) Workers' Compensation and Employers Liability: Workers'
Compensation, in accordance with the Workers' Compensation Act
of the State of California for a minimum of $1,000,000.00, or such
minimum limits as the required by the State, whichever is greater.
Such Workers' Compensation Insurance shall be endorsed to
provide for a waiver of subrogation against the City and Orange
County Sanitation District.
c) Deductibles and Self- Insured Retentions
Any deductibles or self- insured retentions must be declared to and
approved by City. At the option of City, either: the insurer shall reduce or
eliminate such deductibles or self- insured retentions as respects City,
Orange County Sanitation District, Big Canyon Country Club, Big Canyon
Community Association and the Canyon Hills Community Association
their shareholder, directors, members, officers, officials, employees,
agents, consultants attorneys and volunteers; or Contractor shall procure
a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
d) Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following
provisions:
1) General Liability and Automobile Liability Coverages
City, Orange County Sanitation District, Big Canyon Country
Club, Big Canyon Community Association and the Canyon
Hills Community Association their shareholders, directors,
members, officers, agents, officials, employees, consultants,
E
EXHIBIT B 0 0
TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION
DOCUMENTS
attorneys and volunteers are to be covered as additional
insureds as respects: liability arising out of activities
performed by or on behalf of Contractor, including the
insured's general supervision of Contractor; products and
completed operations of Contractor; premises owned,
occupied or used by Contractor; or automobiles owned,
leased, hired or borrowed by Contractor. The coverage shall
contain no special limitations on the scope of protection
afforded to the City, Orange County Sanitation District, Big
Canyon Country Club, Big Canyon Community Association
and the Canyon Hills Community Association their
shareholders, directors, members, officers, agents, officials,
employees, consultants, attorneys or volunteers.
ii. Contractor's insurance coverage shall be primary insurance
and /or primary source of recovery as respects the City,
Orange County Sanitation District, Big Canyon Country Club,
Big Canyon Community Association and the Canyon Hills
Community Association their officers, agents, officials,
employees, consultants and volunteers. Any insurance or
self- insurance maintained by the City, Orange County
Sanitation District, Big Canyon Country Club, Big Canyon
Community Association and the Canyon Hills Community
Association their shareholders, directors, members, officers,
agents, officials, employees, consultants, attorneys and
volunteers shall be excess of the Contractor's insurance and
shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, Orange
County Sanitation District, Big Canyon Country Club, Big
Canyon Community Association and the Canyon Hills
Community Association their shareholders, directors,
members, officers, agents, officials, employees, consultants,
attorneys and volunteers.
iv. Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
V. The insurance afforded by the policy for contractual liability
shall include liability assumed by Contractor under the
indemnification /hold harmless provision contained in this
Contract.
10
EXHIBIT B
TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION
DOCUMENTS
2) Workers' Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against the
City Orange County Sanitation District, Big Canyon Country Club,
Big Canyon Community Association and the Canyon Hills
Community Association their shareholders, directors, members
officers, agents, officials, employees, consultants, attorneys and
volunteers for losses arising from Work performed by Contractor for
the City.
3) All Coverages
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled,
rescinded by either party, reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail, return
receipt requested, has been given to City and Orange County
Sanitation District.
All of the executed documents referenced in this contract must be
returned within ten (10) working days after the date on the
"Notification of Award," so that the City and Orange County
Sanitation District may review and approve all insurance and bonds
documentation.
12. Indemnification: Contractor shall indemnify, hold harmless, and defend City,
Orange County Sanitation District, Big Canyon Country Club, Big Canyon
Community Association and the Canyon Hills Community Association and each
of their past, present and future members, partners, officers, officials, directors,
employees, agents, consultants, volunteers, affiliates, assignees, shareholders,
representatives, attorneys, subsidiaries, members, parent and affiliated entities and
their respective successors, heirs and assigns (collectively, "Indemnified Parties ")
harmless for, from and against any costs, expenses, damages, and losses,
including actual attorneys fees ( "Losses') of any kind or character to any person or
property arising directly or indirectly from or caused by any of the following (i)
Contractor's construction activities; (ii) any defect in the Project Work performed by
Contractor; (iii) any act or omission of Contractor or its respective officers, directors,
shareholder members, partners, employees, agents, contractors, subcontractors,
suppliers, representatives and affiliates ( "Contractor Representatives "); (iv) any
accident or casualty within or arising out of the Project Work; (v) any violation or
alleged violation of any law, ordinance or statute now or hereafter enacted arising
out of the Project Work; (vi) Contractor's performance under this Agreement or the
construction by Contractor of any improvements pursuant to this Agreement; (vii)
11
EXHIBIT B • •
TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION
DOCUMENTS
the violation of any Environmental Laws or the failure to clean up and mitigate the
consequences of the spill or release of any Hazardous Substance; (viii) any liens
for any provider of Work, labor, material or services claiming by, through, or under
Contractor relating to the Project Work, (ix) the negligence or willful misconduct of
Contractor or any of Contractor's Representatives in the performance of the Project
Work and (x) any breach of this Agreement. Contractor shall not be required to
indemnify, hold harmless and defend the Indemnified Parties from the sole or active
negligence or willful misconduct of the Indemnified Parties.
As used herein, the term "Environmental Laws" shall mean "any and all present
and future federal, state or local laws (whether common law, statute, rule,
regulation or otherwise), permits, orders and any other requirements of
Governmental Authorities relating to the environment or any "Hazardous
Substance" or "Hazardous Substance Activity" (as defined herein) (including,
without limitation, the Comprehensive Environmental Response, Compensation
and Liability Act of 1980 (42 U.S.C. §§ 9601 et seq.) as amended from time to time
and the applicable provisions of the California Health and Safety Code and
California Water Code)"
As used herein, the term "Hazardous Substance" shall mean "any (a) chemical,
compound, material, mixture or substance that is now or hereinafter defined or
listed in, or otherwise classified pursuant to any Environmental Law as a
"hazardous substance ", "hazardous material," "hazardous waste," "extremely
hazardous waste," "infectious waste," "toxic waste," "toxic pollutant," or any other
formulation intended to define, list or classify substances by reason of deleterious
properties or affect and (b) petroleum, petroleum by- products, natural gas, natural
gas liquids, liquefied natural gas, synthetic gas usable for fuel (or mixtures of
natural gas in such synthetic gas), ash, municipal solid waste, steam, drilling fluids,
produced waters and other wastes associated with the exploration, development
and production of made oil, natural gas or geothermal resources."
13. Liens: The Contractor shall be responsible for the satisfaction or payment of
any liens for any provider of Work, labor, material or services claiming by,
through, or under Contractor relating to any Project Work or the property where
the Project Work is to be performed. The Contractor shall also indemnify, hold
harmless and defend the Indemnified Parties for, from and against any such
liens, including reasonable Attorneys' fees incurred as a result of such liens.
Contractor shall not be required to indemnify, hold harmless and defend the
Indemnified Parties from the sole or active negligence or willful misconduct of the
Indemnified Parties. Such liens shall be discharged by the Contractor, as
applicable within ten (10) days of notice of filing thereof by bonding, payment or
otherwise, provided that Contractor may contest, in good faith and by appropriate
proceeding, any such liens.
file:
EXHIBIT B •
TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION
DOCUMENTS
14. Default: In the event Contractor fails to comply with any provisions of the
Contract Documents ( "Default'), which Default shall not have been cured within
seven (7) calendar days after receiving written notice specifying such Default, the
City may, in addition to any other remedies provided at law or in equity,
immediately or any time thereafter terminate this Agreement upon written notice
to the Contractor.
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EXHIBIT 1
LANDSCAPING SPECIAL PROVISIONS
EXHIBIT 1, Page 1 of 9 BCCC LANDSCAPING
EXHIBIT 1
LANDSCAPING SPECIAL PROVISIONS
PART1- GENERAL
1.1 THE REQUIREMENT
A. The Contractor shall furnish all tools, equipment, materials, and supplies and shall perform all
labor required to complete the work as indicated on the Drawings and specified herein.
B. This Section covers the reconstruction or repair of an automatic irrigation system, complete
and operable, in accordance with the requirements of the Contract Documents.
C. The irrigation system shall include, but not be limited to, all pipes, fittings, sprinklers, valves,
automatic control valves, controllers, valve boxes, drain valves, hose bibb valves, operating
wrenches, riser assemblies, direct burial wires, electrical connections, wiring and other
appurtenances, piping, connections, testing, cleanup, maintenance and adjustments necessary
for a complete operating system, ready for immediate use upon completion. Minor items
necessary for proper construction and functional operation of this system, not specifically
described on the plans or in the Contract Documents, shall be included as a part of the work of
this Seaton.
D. Landscaping as referred to herein shall include, but not be limited to the following work: soil
preparation, instatiation of headers, weed control, finish grading, furnishing and installing plant
materials, tree staking and tying, cleanup, guarantee.
1.2 RELATED WORK SPECIFIED ELSEWHERE
A. Project Specifications
B. SSPWC Section 212
C. SSPWC Section 308
1.3 CONTRACTOR SUBMITTALS
Submittals shall be made in accordance with the SSPWC and the project specifications.
A. General: The Contractor shall furnish a certificate with each delivery or bulk material
delivery, stating source, quantity, and type of material. All materials shall conform to specification
requirements. All certificates shall be delivered to OWNER at the time of each delivery. All bulk
delivered materials shall be delivered with level load volume plainly marked on the truck bed.
B. Topsoil Report: Topsoil report as well as literature on fertilizers, peat, mulch, "Silva -fiber" and
seed mixes, shall be submitted to OWNER as specified.
C. Certificates of Inspection: Certificates of inspection of plant material, as may be required by
Federal, State, or other authorities having jurisdiction, shall be furnished to OWNER and
accompany the shipment.
D. Certified Report on Topsoil Anal is: The Contractor shall submit for approval by OWNER a
certified report by an approved analytical laboratory showing analyses of representative samples
of topsoil proposed for use. The topsoil shall not be delivered to the site until approval is received
EXHIBIT 1, Page 2 of 9 BCCC LANDSCAPING
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from OWNER. Approval of the laboratory report does not constitute final acceptance. Topsoil
shall be subject to rejection by the OWNER on or after delivery if it is found not to meet the
requirements of the Specifications or does not conform to the laboratory test results.
1.4 QUALITY ASSURANCE
A. General: All plants furnished by the Contractor shall be true to type or name as shown in the
Contract Documents and shall be tagged in accordance with the standard practice recommended
by the Agricultural Code of the State of California; however, determination of plant species or
variety will be made by OWNER
B. All plants shall comply with Federal and State laws requiring inspection for plant diseases
and infestations. Inspection certificates required by law shall accompany each shipment of
plants, and certificates shall be delivered to OWNER.
C. The Contractor shall obtain clearance from the County Agricultural Commissioner, as
required by law, before planting plants delivered from outside the County in which they are to be
planted. Evidence that such clearance has been obtained shall be filed with OWNER.
D. All inspections herein specked will be made by OWNER. The Contractor shall request
inspection at least 24 hours in advance of the time inspection is required. Inspection will be
required on the following stages of the WORK:
1. Prior to removals of the existing landscaping and turf.
2. During preliminary grading, soil preparation, and initial weeding.
3. When trees are spotted for planting, but before planting holes have been excavated.
4. When finish grading has been completed.
5. When all specified work, except the maintenance period, has been completed.
E. Plants shall be subject to inspection and approval or rejection by OWNER at place of growth
and upon delivery to site at any time before or during progress of the work based on:
1. Quantity, quality, size, and variety;
2. Ball and root condition; and
3. Latent defects and injuries resulting from handling, disease, and insects.
F. Plants approved at pre - planting inspection shall still be subject to rejection during planting if
found not to be in compliance with the Specifications.
G. Rejected plants shall be identified in an obvious manner, removed from the site and replaced
with acceptable equals.
H. Plants shall have been grown in nurseries, which have been inspected by the governing
authorities. Inspection of plant materials required by OWNER shall be the responsibility of the
Contractor, who shall have, if required, secured permits or certificates prior to delivery of plants to
site.
EXHIBIT 1, Page 3 of 9 BCCC LANDSCAPING
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I. In the event of conflict between the requirements of these Special Provisions, the Project
Specifications and the SSPWC, the document highest in precedence shall control. The
precedence shall be:
1. Appendix B — Landscaping Special Provisions.
2. Project Specifications.
3. SSPWC.
1.5 CLEANUP
A. Upon completion of all planting operations, the portion of the project site used for work or
storage area by the Contractor shall be cleaned of all debris, superfluous materials, and
equipment. All such materials and equipment shall be entirely removed from the project site.
Cleaning shall be done in a manner that will not result in any discharge of contaminated materials
into any catch basin.
B. All walks or pavement shall be swept or washed clean upon completion of WORK.
C. During the entire Contract period, plant containers that have been cut or removed from plant
materials shall be removed from the project site daily.
1.6 MAINTENANCE OF LANDSCAPING PLANTING PRIOR TO ACCEPTANCE OF PROJECT
A. General: The Contractor shall be responsible for protecting and watering all planting until
final acceptance of all work under the contract.
B. Watering: Trees and shrubs shall be thoroughly soaked after planting and provided with
additional water at intervals as necessary to provide for good health and growth of the planting.
C. Upon completion of sodding, the entire area shall be soaked to saturation by a fine spray.
The new planting shall be kept moist during dry weather or whenever necessary for proper
establishment of the lawn. Care shall be taken to avoid excessive washing or puddling on the
surface and any such damage caused thereby shall be repaired by the Contractor at its own
expense.
D. Protection: The Contractor shall provide adequate protection to all newly sodded areas
including the installation of temporary fences approved by OWNER to prevent trespassing and
damage, as well as erosion control, until final inspection.
E. The Contractor shall replace any materials or equipment it has damaged or which have been
damaged by its employees or Subcontractors.
F. Partial utilization of the project by OWNER, OCSD or the City shall not relieve the Contractor
of any of the requirements contained in the Contract Documents.
G. Any sprinkler lines broken or disrupted by the Contractor shall be immediately repaired to
proper working order, or replaced and to the satisfaction of the OWNER.
1.7 FINAL INSPECTION AND GUARANTEE
A. Final inspection of all lawns and plantings will be made at conclusion of the contract WORK
and must be actable to both the City and the OWNER..
EXHIBIT 1, Page 4 of 9 BCCC LANDSCAPING
a •
B. Written notice requesting final inspection shall be submitted to the City and the OWNER at
least 10 days prior to the anticipated inspection date.
C. Final acceptance of the Work will be accepted upon written approval by the City and the
OWNER, on the satisfactory completion of all Work, but exclusive of the replacement of plant
material.
D. Plants used for replacement shall be of the same size and variety specked in the plant list.
Plants shall be furnished, planted, staked, and mulched as specified.
PART 2- PRODUCTS
2.1 GENERAL
A. All landscaping materials for soil conditioning, weed abatement, or planting shall be first -
grade, commercial quality and shall have certificates indicating the source of material, analysis,
quantity, or weight attached to each sack or container or provided with each delivery. Delivery
certificates shall be given to OWNER as each shipment of material is delivered. A list of the
materials used, together with typical certificates of each material, shall be submitted to OWNER
prior to the final acceptance of the job.
2.2 TERMINOLOGY AND QUALIFICATIONS
A. Plants or plant material having characteristics not conforming to terms as defined will not be
accepted. The terms "plant material' or "plants" refer to all vegetation, whether trees, shrubs,
ground cover, or herbaceous vegetation.
B. Quality refers to structure and form, as evidenced by density and number of canes and
branches, compactness, symmetry, and general development without consideration of size or
condition. Standard quality indicates the least acceptable quality. Plants shall be typical of the
species and variety of good average uniform growth, shall be well formed and uniformly
branched, and shall have the minimum number of canes specified, free from irregularities, or shall
conform to minimum quality index. Where the number of canes is not specifically stated in
describing this grade, the standards of the "Horticultural Standards" as adopted by the American
Association of Nurserymen, shall apply. In this case, the number of canes and other factors for
the appropriate classification under "quality definition" in the Horticultural Standards shall be the
Quality index. Plant material below this standard will be considered "culls" and are not
acceptable. Plants shall be nursery grown.
C. Specimen means an exceptionally heavy, symmetrical, tightly -knit plant, so trained or favored
in its development and appearance as to be outstanding, superior in form, number of branches,
compactness, and symmetry.
D. Size is the factor controlled by dimensions representing height or spread, or both, without
consideration of quality or conditions. For standard quality, a dimension is given for height or
container size, or a dimension is given for height as well as container size.
E. Height is usually indicated with a tolerance. The smaller dimension is the minimum
acceptable. The larger dimension represents the maximum permissible. The average dimension
of all plants must equal the average of the tolerance figures shown on each item.
F. Condition is the factor controlled by vitality and ability to survive and thrive and be
comparable with normal plants of the same species and variety in the vicinity, at the same season
of the year. In addition, plants shall be free from physical damage or adverse conditions that
would prevent thriving. Conditions also sometimes refer to state of growth, i.e., whether "dormant
EXHIBIT 1, Page 5 of 9 BCCC LANDSCAPING
condition" or "growing condition" and this state shall be comparable to plants of similar species in
the vicinity or leaves, formation of buds, and the like.
G. Cane means a primary stem which starts from the ground, or close to the ground, at a point
not higher than 1/4 the height of the plant.
H. Caliber shall be taken 12 inches above the finish grade or ground, as a guide, or where a
dimension in trunk appears to form the head of the tree.
I. Foliage line is maximum dimension in case of specimen plants. It measures from ground to
lowest part of body of plant.
J. Collected plants shall not be used
2.3 PLANT MATERIALS
A. Plants shall meet requirements of the Contract Documents and the OWNER and shall be in
accordance with the botanical names and applicable standards of quality, size, condition, and
type. They shall be true to name, genera, species, and variety in accordance with reference
publications.
B. Plant names are defined in "Standardized Plant Names" and "Bailey's Encyclopedia of
Horticulture ". When a name is not found in either reference, the accepted name used in the
nursery trade shall apply.
2.4 SOD GRASS
A. Sod shall contain at least 85 percent permanent grass suitable to the climate in which it is to
be placed; not more than 25 percent nursing grass; not more than 10 percent weed and
undesirable grasses, and shall be of good texture, free from obnoxious roots, stones and
foreign materials. The sod shall be cut in 16 -inch squares, 16 -inch wide strips, 4 -ft wide
strips or 4 -ft wide squares, uniformly 1-1/2-inches thick with clean cut edges.
B. Sod varieties will be site specific as follows:
a. Fairway sod: Tifway 11 Hybrid Bermudagrass
b. Rough sod: Bulls eye Bermuda grass
c. Greens sod: A-4 Bentgrass.
C. The Contractor will be required to coordinate placement of sod and its location with OWNER
prior to beginning of any sod replacement.
2.5 MISCELLANEOUS MATERIALS
A. Bunker sand shall be Augusta White from Valley Rock and Sand.
PART 3 - EXECUTION
3.1 GENERAL
A. The landscape work shall not be performed at any time when it may be subject to damage by
climatic conditions.
EXHIBIT 1, Page 6 of 9 BCCC LANDSCAPING
• i
B. The Contractor shall verify all dimensions. Any discrepancies or inconsistencies discovered
on the plans shall be brought to the attention of the City and OWNER. Dimensions and plant
locations shall be coordinated with the OWNER and final location shall be site - oriented by the
planter and OWNER.
C. In case of conflict between the plant list totals and total plant count of the Contract
Documents, the Contractor shall provide the higher number of plants.
D. The Contractor shall provide temporary fencing, barricades, covering, or other protections to
preserve existing landscaping items indicated to remain and to protect the adjacent
properties and other structures when they may be damaged by the landscape work.
E. The Contractor shall remove and/or relocate landscape items such as trees, shrubs, grass,
other vegetation, improvements, and obstructions as shown on Drawings or otherwise
specified.
It shall be the responsibility of the Contractor to avail itself of any information regarding
utilities, which are in the area of work and to prevent damage to the same. The Contractor
shall provide protection to the utilities as necessary.
G. The Contractor shall provide protection to structures, sidewalks, pavements, and other
facilities in areas of work, which are subject to damage during landscape work. Open
excavations shall be provided with barricades and warning lights, which conform to the
requirements of governing authorities and the State's OSHA safety requirements.
H. Planting areas include all areas to be landscaped unless specified or shown otherwise.
3.2 SOIL PREPARATION
A. The landscape work shall not begin until all other trades have repaired all areas of
settlement, erosion, rutting, etc., and the soils have been re- established, recompacted, and
refinished to finish grades, to OWNER approval.
B. Areas requiring grading by the landscaper including adjacent transition areas shall be
uniformly level or sloping between finish elevations to within 0.10 -ft above or below required
finish elevations.
C. The landscape work shall not proceed unfit after walks, curbs, paving, edging, and irrigation
systems are in place. The contract operations shall be completed to a point where the
landscape areas will not be disturbed. The subgrade shall be cleaned free of all waste.
D. During grading waste materials in the planting areas such as weeds, rocks (2- inches and
larger) building materials, rubble, wires, cans, glass, lumber, sticks, etc., shall be removed
from the site. Weeds shall be dug out by the roots.
E. Fertilizers, additives, seed, peat, etc. subject to moisture damage shall be kept in a
weatherproof storage place in such a manner that they will be kept dry.
F. After removal of waste materials, the planting area subgrade shall be scared and pulverized
to a depth of not less than 6 inches and all surface irregularities below the cover of topsoil
removed.
G. Finish grading shall consist of:
1. Final contouring of the planting areas.
EXHIBIT 1, Page 7 of 9 BCCC LANDSCAPING
1
2. Placing 4 inch of topsoil over all areas to be planted unless shown or specified otherwise.
3. Placing all soil additives and fertilizers.
4. Minor adjustment of finish grades as required.
5. Removing waste materials such as stones, roots, or other undesirable foreign material
and raking, disking, dragging, and smoothing soil ready for planting.
H. Any unusual subsoil condition that will require special treatment shall be reported to the City
and OWNER.
I. Surface drainage shall be provided by molding the surfaces to facilitate the natural run -off of
water. Low spots and pockets shall be filled with topsoil and graded to drain properly.
J. Finish grade of all planting areas shall be 1 -1/2- inches below finish grades of adjacent
pavement of any kind.
3.3 DELIVERY, STORAGE, AND HANDLING OF PLANT MATERIAL
A. Plant material shall be planted on the day of delivery if possible. The Contractor shall protect
the stock in a temporary nursery at the project site where it shall be protected from sun and
drying winds and shall be shaded, kept moist, and protected with damp soil, moss, or other
acceptable material. Plants shall be planted within 24 hours after delivery.
3.4 SODDING
A. Grass sod shall be provided by the Contractor and shall be placed in the location as
coordinated with OWNER. The Contract Price for Remove and Replace Existing
Landscaping in Kind is based on the work area allowed on the Plans and NO additional
compensation will be allowed for areas requiring grass sod disturbed by the Contractor.
B. The soil shall be prepared and fertilized before grass sodding. The Contractor shall prepare
only enough ground that can be planted within 24 hours thereafter.
C. Soil preparation shall consist of the following:
1. Preparation of sub -grade grading shall be per "Part 3 -- Execution" in Paragraphs entitled
"General" and "Soil Preparation ", herein.
2. Finish grading shall be per "Part 3 -- Execution" in Paragraph entitled "Soil Preparation ",
herein. Topsoil required at areas to be sodded shall be 1- 1 /2- inches. The soil additives
and fertilizer for finish grading shall consist of mulch at 5 cu yd /1000 sq ft and commercial
fertilizer at 20 Ib /1000 sq ft.
D. Grass sod shall be cut and laid on site the same day.
E. The grass sod shall be placed over leveled, compacted, and prepared finish graded soil. The
topsoil and sub -base shall be moist enough to resist shifting.
F. Grass sod on slopes should be staked down by pegging (driving) a wooden peg through the
sod. Wire stakes shall not be used for pegging sod.
G. Grass sod shall always be laid across slopes.
EXHIBIT 1, Page 8 of 9 BCCC LANDSCAPING
• 1 i
H. Alt new grass sod shalt be rolled or firmly but lightly, tamped with a suitable wooden or metal
tamper, sufficiently to set or press grass sod into underlying soil.
I. After grass sodding has been completed, the grass sodded area shall be cleaned up and,
thoroughly moistened by sprinklers.
f R!#♦
EXHIBIT 1, Page 9 of 9 BCCC LANDSCAPING
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Name Board Secretary
AddressORANGE COUNTY
SANITATION DISTRICT
City & P.O. Box 8127
State Fountain Valley, CA 92728
GRANT OF EASEMENT, RIGHT OF ENTRY, MAINTENANCE AND
INDEMNITY AGREEMENT
This Grant of Easement and Right of Entry Agreement (this "Agreement ") is
entered into on the date shown below between the Big Canyon County Club, a
California non - profit mutual benefit corporation, hereinafter referred to as
"Grantor" and the Orange County Sanitation District, a municipal corporation,
hereinafter referred to as "Grantee ".
RECITALS
Grantor is the owner of record of that certain real property known as Big Canyon
County Club located in the City of Newport Beach, County of Orange, State of
California, shown in Exhibit 1" attached hereto and made a part hereof (the
"Property "); and
Grantor and Grantee desire to enter into an agreement whereby Grantee shall
have the right to , use, operate, inspect, maintain, repair and replace a sanitary
sewer line within the area (the "Easement Area ") of the Property described on
Exhibit "2" and depicted on Exhibit "3" attached hereto and made a part hereof.
AGREEMENT
Therefore, Grantor and Grantee hereby agree as follows:
I. THE EASEMENT
Grantor grants to Grantee a non - exclusive easement over and through the
Easement Area for sanitary sewer use, operation, inspection, maintenance,
repair and replacement purposes, subject to all of the terms and conditions of the
Agreement.
EXHIBIT B
This grant of easement is subject to any and all existing encumbrances and
claims which may affect the Easement Area. Provided, however, Grantor shall
cause the lien and charge of any deed of trust that presently encumbers the
Property to be subordinated to the rights of Grantee under the terms of this
Easement, which subordination may be attached hereto. Nothing contained
herein, or in any document related hereto, shall be construed to imply the
conveyance to the Grantee of rights in the Easement Area which exceed those
owned by Grantor. Grantor makes no representation or warranty, either express
or implied, relating to the condition of the Easement Area.
Except in the event of an Emergency Condition as described below, before
Grantee shall have the right to enter upon the Property to engage in repair,
maintenance, inspection or replacement activities with respect to the pipeline
located in the Easement Area, Grantee shall give Grantor not less than ten (10)
days written notice ( "Entry Request ") of Grantee's desire to enter upon the
Property specifying in detail the date or dates upon which such entry is desired,
the nature and extent of the work to be undertaken by Grantee with respect to
such entry and the proposed plan to restore the Property to its condition prior to
the entry. Subsequent to such notice and prior to such entry, Grantee shall meet
and confer with Grantor to discuss the details of the Entry Request. Grantor
may request such modifications or additions to the Entry Request, including but
not limited to the point or points of access, as Grantor believes reasonably
necessary to minimize disruption to Grantor's use of the Property and to ensure
prompt restoration of the Property to its condition prior to the entry. Grantee shall
make such modifications or additions requested by Grantor to the Entry Request
as : (1) are consistent with the objectives of the work to be undertaken by
Grantee; and (2) will not unduly delay nor unreasonably increase the cost of the
work to be undertaken by Grantee. Any such restoration shall be at the sole cost
and expense of Grantee, provided, however, improvements other than
landscaping and irrigation and cart paths placed in the Easement Area by
Grantor without the written consent of Grantee shall be restored at Grantor's
expense. Grantee acknowledges that dates Grantor's golf course is closed for
play are the preferred dates for routine repair, maintenance and inspections to
occur.
Notwithstanding the provisions of the preceding paragraph, if an Emergency
Condition (defined below) shall exist, Grantee shall have the right to enter upon
the Property for the purpose of inspecting, maintaining, repairing or replacing all
or portions of the sanitary sewer without fully complying with the process
described in the preceding paragraph. An "Emergency Condition" shall be
deemed to exist if (i) Grantee's sanitary sewer shall have been damaged or
otherwise malfunctions to such an extent that the health or safety of the public is,
or could be, endangered or (ii) the sanitary sewer shall have been damaged or
otherwise malfunctions to such an extent that the delay which would be caused
by compliance with the preceding paragraph would result in a substantial
increase in risk to human health or safety, environmental damage or costs to
repair such damage to the sewer line or malfunction. In such circumstances,
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Grantee shall give Grantor notice and coordinate its work with Grantor to the
maximum extent reasonably practicable. In any event, following such entry,
Grantee, at its sole cost and expense, shall promptly restore the Property to its
condition prior to such entry.
Grantor hereby reserves for itself such surface and subsurface rights in the
Easement Area as needed to use, maintain, repair, reconstruct, replace, improve
or enlarge Grantor's facilities located on the Property, or the facilities of others
necessary or appropriate to serve Grantor's facilities, provided such actions do
not interfere with Grantee's use of the easement. Grantee acknowledges that the
surface of the Easement Area is presently improved with a golf course, practice
range and other improvements and those improvements are acceptable to
Grantee under the terms of this easement. Grantor shall refrain from subsequent
activities, and refrain from installation of subsequent facilities and encumbrances
that could interfere with Grantee's use of the Easement Area including, but not
limited to, excavations, fill over five (5) feet, ponds, streams, walls, fences and
other above ground structures (excluding cart paths). Upon mutual agreement,
Grantor and Grantee may agree to modify the location of the Easement Area.
Grantee's use of the Easement Area will be at its sole risk. Grantor will not be
liable or responsible for the personal injury or death of any person, or damage to
property of any person, including that of Grantee or any of its employees,
contractors, subcontractors, material suppliers, or the invitees of any of them, as
a result of the Grantee's exercise of any rights regarding the Easement Area or
Grantee's use of the Easement Area or the Property, except that Grantor agrees
to indemnify and hold Grantee and its officers, employees, directors, agents,
successors and assigns harmless from and against any and all liability, claims,
damages, losses and demands, including attorneys fees and related litigation
costs, whether resulting from court action or otherwise, arising out of the
negligent acts, errors or omissions or intentional misconduct of Grantor, its
officers, contractors, subcontractors, material suppliers, employees or agentsin
Grantor's use of the Property or Easement Area except for such liability, claims,
damages, losses or demands to the extent arising out of the negligence or
intentional act of Grantee, it employees, contractors, successor or assigns.
Grantee agrees to indemnify and hold Grantor and its officers, employees,
directors, shareholders, agents, successors and assigns harmless from and
against any and all liability, claims, damages, losses and demands, including
attorneys fees and related litigation costs, whether resulting from court action or
otherwise, arising out of the negligent acts, errors or omissions or intentional
misconduct of Grantee, its officers, contractors, subcontractors, material
suppliers, employees or agents in Grantee's entry onto the Property, or
Grantee's use of the Easement Area, or Grantee's access thereto except for
such liability, claims, damages, losses or demands to the extent arising out of the
negligence or intentional act of Grantor, its employees, successor or assigns.
3
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11. GENERAL PROVISIONS
None of the terms of this Agreement shall effect or modify the terms and
conditions of Grantee's existing easements upon the Property while such existing
easement is in effect.
This Agreement shall continue in full force and effect and shall be binding upon
and inure to the benefit of the Grantor and Grantor's successors and assigns and
of Grantee and Grantee's successors and assigns.
Except upon order of a court of competent jurisdiction for termination of this
Agreement, the amendment, abandonment, or termination of this Agreement or
the Easement must be in writing, signed, and acknowledged by the Grantor and
Grantee, and duly recorded in the Official Records of the County Recorder of the
County of Orange, State of California.
This Agreement shall be governed by and construed in accordance with the laws
of the State of California. Any legal action relating to or arising out of this
Agreement shall be brought in the County of Orange, California.
Any amendment or modification of this Agreement or the Easement must be in
writing, signed, and acknowledged by the Grantor and Grantee, and duly
recorded in the Official Records of the County Recorder of the County of Orange,
State of California.
This Agreement (including the attached Exhibits) contains the entire agreement
between Grantor and Grantee regarding the Easement Area, including all
representations and warranties between them. Any waiver of a provision of this
Agreement by a party must be in writing. The failure of any party to (i) observe a
provision of this Agreement; (ii) insist upon strict performance of a provision of
this Agreement; or (iii) exercise any remedy, privilege, or election of that party,
will not be considered as a waiver of (a) that provision in the future or (b) the right
to duly enforce the Agreement or to exercise any privilege, election, or remedy if
there is a later breach of the same or of any other provision in this Agreement.
No waiver of any provision of this Agreement will be considered to be a waiver of
any other provision, whether or not similar, nor as any continuing or succeeding
waiver of that provision.
Notices relating to this Agreement must be in writing and sent to the addresses
set forth below. A party may change its address for notices by giving notice as
required by this Section. A written notice will be considered given (i) when
personally delivered, (ii) two business days after deposit in the United States Mail
as first class mail, certified or registered, return receipt requested, with postage
prepaid, (iii) one business day after deposit with a reputable overnight delivery
service for next business day delivery, or (iv) on the business day of successful
transmission by electronic facsimile. The parties' addresses for notices are as
follows:
V.
To Grantor:
To Grantee:
0
Big Canyon Country Club
Attn.: General Manager
One Big Canyon Drive
Newport Beach, CA 92660 -5299
Orange County Sanitation District
Attn.: General Manager
P.O. Box 8127
Fountain Valley, CA 92728 -8127
0
Each party warrants that the individuals who have signed this Agreement have
the legal power, right, and authority to make this Agreement and bind each
respective party.
EXECUTED IN THE County of Orange, State of California, as of the _ day of
, 2006.
BIG CANYON COUNTRY CLUB ORANGE COUNTY SANITATION DISTRICT
By: By:
Name: James Ruth, General Manager
Title:
ATTEST:
By: By:
Name: Penny Kyle, Board Secretary
Title:
APPROVED AS TO FORM
BRADLEY R. HOGIN,
GENERAL COUNSEL
By:
David E. Kendig
5
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EXHIBIT "j"
THOSE PORTIONS OF BLOCKS 55, 56, 92, AND 93 OF IRVINE'S SUBDIVISION AS PER MAP
FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
PARCEL 1:
BEGINNING AT A POINT IN THE EASTERLY LINE OF LOT B AS SHOWN ON A MAP OF TRACT NO.
7223 FILED IN BOOK 274, PAGES 7 THROUGH 18, MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER, SAID POINT BEING ON A CURVE CONCAVE SOUTHEASTERLY HAVING
A RADIUS OF 265.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 420 OS' 12" WEST, SAID
POINT BEING THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL SHOWN ON A MAP
FILED IN BOOK 41, PAGE 40, PARCEL MAPS IN THE OFFICE OF SAID COUNTY RECORDER;
THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL THE FOLLOWING COURSES:
SOUTH 410 46' 11" EAST 41.00 FEET; SOUTH 220 12' 88" EAST 304.53 FEET; SOUTH 130 21'
08" EAST 264.14 FEET; SOUTH 340 23' 29" EAST 180.57 FEET; SOUTH 660 42' 52" EAST 642.25
FEET; THENCE NORTH 830 09'56" EAST 153.66 FEET; THENCE NORTH 450 47' 15" EAST 59.21
FEET; THENCE NORTH 660 22' 33" EAST 175.59 FEET; THENCE NORTH 530 08' 56" EAST 722.44
FEET TO A POINT ON THE NORTHWESTERLY LINE OF MAC ARTHUR BOULEVARD AS
DESCRIBED IN A DEED RECORDED IN BOOK 1047, PAGE 557, OFFICIAL RECORDS OF SAID
COUNTY; THENCE NORTH 300 10'58" EAST 599.49 FEET ALONG SAID LINE TO A POINT ON A
PION- TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 2750.00 FEET, A RADIAL TO
SAID POINT BEARS SOUTH 650 59'42" EAST; THENCE LEAVING SAID LINE NORTHERLY
1570.89 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 320 43' 45 "; THENCE NON -
TANGENT NORTH 210 35' 52" WEST 565.62 FEET; THENCE NORTH 140 02' 47" WEST 718.36
FEET; THENCE NORTH 500 38' 54" WEST 380.66 FEET; THENCE NORTH 700 12' 33" WEST
105.76 FEET TO A POINT ON THE SOUTHERLY LINE OF FORD ROAD AS DESCRIBED It[ A DEED
RECORDED IN BOOK 7591, PAGE 7, SAID OFFICIAL RECORDS, SAID POINT BEING ON A CURVE
CONCAVE NORTHERLY HAVING A RADIUS OF 1454.00 FEET, A RADIAL TO SAID POINT BEARS
SOUTH 20 50'40" EAST; THENCE WESTERLY 44.50 FEET ALONG SAID CURVE AND LINE
THROUGH AN ANGLE OF 10 45' 12 "; THENCE LEAVING SAID LINE SOUTH 230 48'37" WEST
404.35 FEET; THENCE NORTH 610 31'40" WEST 123.63 FEET; THENCE NORTH 730 13' 31"
WEST 218.29 FEET; THENCE NORTH 490 50'38" WEST 167.48 FEET; THENCE NORTH 440 27'
22" WEST 446.91 FEET; THENCE NORTH 220 50'01" EAST 97.24 FEET" TO THE SOUTHERLY
LINE OF SAID FORD ROAD; THENCE NORTH 600 13'00" WEST 45.29 FEET ALONG SAID LINE
TO THE BEGINNING OF A CURVE THEREIN CONCAVE SOUTHERLY HAVING A RADIUS OF
1346.00 FEET; THENCE WESTERLY 503.12 FEET ALONG SAID CURVE AND SOUTHERLY LINE
THROUGH AN ANGLE OF 210 25'00"; THENCE NORTH 810 38'00" WEST 160.85 FEET ALONG
SAID LINE; THENCE LEAVING SAID LINE SOUTH 220 54' 13" WEST 100.31 FEET; THENCE
SOUTH 730 57' 49" WEST 148.07 FEET; THENCE NORTH 750 57' 05" WEST 149.08 FEET;
THENCE NORTH 700 03'58" WEST 405.37 FEET; THENCE NORTH 430 56' 56" WEST 154.18
FEET; THENCE NORTH 750 12'25" WEST 126.07 FEET; THENCE SOUTH 770 59'40" WEST 41.02
FEET; THENCE SOUTH 510 18' 34" WEST 81.16 FEET; THENCE SOUTH 450 54'24" WEST 182.94
FEET; THENCE SOUTH 320 41' 39" WEST 291.47 FEET; THENCE NORTH 840 54' 13" WEST
165.72 FEET TO THE SOUTHEASTERLY LINE OF JAMBOREE ROAD AS DESCRIBED IN A DEED
RECORDED IN BOOK 7964, PAGE 631, SAID OFFICIAL RECORDS; THENCE SOUTH 270 19' 08"
WEST 329.59 FEET ALONG SAID LINE TO AN ANGLE POINT IN THE BOUNDARY OF TRACT NO.
7788, AS PER MAP FILED IN BOOK 301, PAGES 10 THROUGH 14, SAID MISCELLANEOUS MAPS;
THENCE ALONG SAID BOUNDARY THE FOLLOWING COURSES; NORTH 710 08' 32" EAST 43.28
FEET; SOUTH 650 00'46" EAST 196.98 FEET; SOUTH 180 28' 02" EAST 76.05 FEET, SOUTH 20
52'31" WEST 101.52 FEET; SOUTH 79.48 FEET; SOUTH 30 0608" WEST 166.24 FEET; SOUTH
700 58'49" WEST 30.68 FEET; SOUTH 00 54'53" WEST 90.53 FEET; SOUTH 360 38' 14" WEST
11.27 FEET; WESTERLY 53.64 FEET ALONG A CURVE CONCAVE NORTHERLY HAVING A RADIUS
OF 35.00 FEET FROM A TANGENT THAT BEARS SOUTH 530 21'46" EAST THROUGH AN ANGLE
OF 870 48'37"; THENCE LEAVING SAID BOUNDARY NORTH 380 49'37" EAST 27.53 FEET TO
THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 370.00 FEET;
THENCE NORTHEASTERLY 123.24 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 190 04'
07 "; THENCE NORTH 190 45' 30" EAST 80.16 FEET TO THE BEGINNING OF A CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 430.00 FEET; THENCE NORTHEASTERLY 487.72 FEET
ALONG SAID CURVE THROUGH AN ANGLE OF 640 59' 10 "; THENCE NORTH 840 44140" EAST
81.34 FEET; THENCE NORTH 50 15' 20" WEST 44.84 FEET; THENCE NORTH 310 09'47" WEST
118.85 FEET; THENCE NORTH 120 09' 12" WEST 53.20 FEET; THENCE NORTH 160 36' 54" EAST
132.53 FEET; THENCE NORTH 680 34' 17" EAST 99.91 FEET; THENCE NORTH 780 4514111 EAST
125.71 FEET; THENCE SOUTH 790 30'31" EAST 54.92 FEET; THENCE SOUTH 500 44'50" EAST
497.83 FEET; THENCE SOUTH 50 41'02" FEET WEST 18.12 FEET TO A POINT ON A NON -
TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 616.00 FEET, A RADIAL
TO SAID POINT BEARS NORTH 50 41'02" EAST; THENCE SOUTHEASTERLY 536.64 FEET ALONG
SAID CURVE THROUGH AN ANGLE OF 490 54' 51 "; THENCE SOUTH 340 24'07" EAST 60.77
FEET; THENCE NORTH 550 35'53" EAST 26.63 FEET; THENCE NORTH 370 07'3S" WEST 17.00
FEET; THENCE NORTH 220 29' 27" WEST 146.55 FEET; THENCE NORTH 010 53'47" WEST 58.63
FEET; THENCE NORTH 110 29' 45" WEST 91.20 FEET; THENCE NORTH 340 08' 33" WEST 42.45
FEET; THENCE NORTH 220 10'09" WEST 114.15 FEET; THENCE NORTH 550 51'27" EAST
147.50 FEET; THENCE SOUTH 680 27'04" EAST 120.21 FEET; THENCE SOUTH 340 08' 33" EAST
276.50 FEET; THENCE SOUTH 490 14' 54" EAST 186.13 FEET; THENCE SOUTH 410 57' 06" EAST
239.34 FEET; THENCE SOUTH 490 19' 14" EAST 103.84 FEET TO A POINT ON A NON - TANGENT
CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 150.00 FEET, A RADIAL TO SAID
POINT BEARS SOUTH 380 20'43" EAST; THENCE NORTHEASTERLY 39.58 FEET ALONG SAID
CURVE THROUGH AN ANGLE OF 150 06' 59" TO THE BEGINNING OF A REVERSE CURVE
CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 50.00 FEET; THENCE NORTHEASTERLY 22.36
FEET ALONG SAID CURVE THROUGH AN ANGLE OF 250 37'26" THENCE NON - TANGENT SOUTH
730 53' 57" EAST 129.50 FEET; THENCE SOUTH 670 14' 29" EAST 152.00 FEET TO THE
BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 80.00 FEET;
THENCE SOUTHEASTERLY 58.54 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 410 55'
38 "; THENCE NON - TANGENT SOUTH 250 13'44" EAST 106.00 FEET; THENCE SOUTH 230 05'
01" EAST 160.25 FEET; THENCE SOUTH 250 46' 28" EAST 85.71 FEET; THENCE SOUTH 250 43'
24" EAST 60.00 FEET; THENCE SOUTH 210 51'08" EAST 210.00 FEET; THENCE SOUTH 140 18'
45" EAST 96.00 FEET; THENCE NORTH 790 55'40" EAST 5.00 FEET TO AN ANGLE POINT IN
THE BOUNDARY OF SAID TRACT NO. 7223, SAID POINT BEING ON A CURVE CONCAVE
SOUTHERLY HAVING A RADIUS OF 580.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 100
04'20" WEST; THENCE EASTERLY 224.96 FEET ALONG SAID CURVE AND BOUNDARY THROUGH
AN ANGLE OF 220 13' 22" TO AN ANGLE POINT IN THE BOUNDARY OF TRACT NO. 7323 AS PER
MAP FILED IN BOOK 277, PAGES'17 AND 18, SAID MISCELLANEOUS MAPS; THENCE ALONG THE
BOUNDARY OF SAID TRACT'7323 THE FOLLOWING COURSE; NORTH 120 09' 02" EAST 37.01
FEET; NORTH 080 03' 33" WEST 283.31 FEET; NORTH 290 16' 21" WEST 296.54 FEET; NORTH
370 36' 37" EAST 245.77 FEET; SOUTH 630 46' 13" EAST 246.62 FEET; SOUTH 820 25'49" EAST
137.10 FEET, SOUTH 00 06' 45" EAST 132.81 FEET; SOUTH 250 37' 15" EAST 304.14 FEET;
SOUTH 40 52' 21" WEST 132.81 FEET; SOUTH 70 06' 37" EAST 334.63 FEET; SOUTH 530 08' 46"
WEST 86.48 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID TRACT NO. 7223, SAID
POINT BEING ON A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 680.00 FEET, A RADIAL
TO SAID POINT BEARS NORTH 530 08'46" EAST; THENCE ALONG SAID BOUNDARY THE
FOLLOWING COURSES; SOUTHERLY 270.64 FEET ALONG SAID CURVE THROUGH AN ANGLE OF
220 48' 14 "; SOUTH 140 03' DO" EAST 326.72 FEET TO THE BEGINNING OF A CURVE CONCAVE
EASTERLY HAVING A RADIUS OF 1470.00 FEET; SOUTHERLY 276.20 FEET ALONG SAID CURVE
THROUGH AN ANGLE OF 100 45' S5 "; SOUTH 240 48' 55" EAST 139.33 FEET TO THE
BEGINNING OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 580.00 FEET; SOUTHERLY
618.52 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 610 06'03"; SOUTH 360 17' OB"
WEST 362.43 FEETTO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A
RADIUS OF 460.00 FEET; SOUTHWESTERLY 361.92 FEET ALONG SAID CURVE THROUGH AN
ANGLE OF 450 04'46" TO AN ANGLE POINT IN THE BOUNDARY OF TRACT NO. 7384 AS PER
MAP FILED IN BOOK 2B1 PAGES 17, 18 AND 19, SAID MISCELLANEOUS MAPS, SAID POINT
BEING THE BEGINNING OF A NON- TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF 22.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 360 50' 34" WEST; THENCE
ALONG THE BOUNDARY OF SAID TRACT NO. 7384 THE FOLLOWING COURSES:
SOUTHWESTERLY 22.30 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 580 04' 11 "; SOUTH
40 54'45" EAST 8.19 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY HAVING A
RADIUS OF 144.50 FEET; SOUTHERLY 37.61 FEET ALONG SAID CURVE THROUGH AN ANGLE OF
140 54'45", NON - TANGENT SOUTH 360 42' 15" EAST 80.57 FEET; SOUTH 90 18'26" EAST 26.88
FEET; SOUTH 110 57' 05" WEST 118.05 FEET; SOUTH 330 48' 03" WEST 36.77 FEET; SOUTH
720 42'08" WEST 56.43 FEET, SOUTH 430 07' 10" WEST 152.80 FEET; SOUTH 530 57' S7"
WEST 53.31 FEET; SOUTH 590 14' 26" WEST 88.49 FEET; NORTH 880 18' 35" WEST 31.16
FEET; NORTH 760 08' 20" WEST 49.43 FEET; NORTH 69D 33' 41" WEST 70.07 FEET; SOUTH 560
3745" WEST 10.46 FEET; NORTH 650 39' 12" WEST 54.84 FEET; NORTH 710 24'46" WEST
47,33 FEET; SOUTH 230 46' 22" WEST 13.57 FEET; NORTH 660 13' 38" WEST 189.99 FEET;
SOUTH 730 29' 14" WEST 23.33 FEET; NORTH 56D 56' 31" WEST 72.53 FEET; NORTH 460 09'
14" WEST 50.75 FEET; NORTH 520 42' 12" WEST 73.42 FEET; NORTH 00 35' 11" WEST 54.61
FEET; NORTH 100 28' 21" EAST 101.80 FEET; NORTH 160 35' 32" WEST 197.74 FEET; NORTH
600 34' 29" WEST 13.23 FEET; NORTH 240 36'48" WEST 88.16 FEET; NORTH 300 40' 19" WEST
83.09 FEETTO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 119.50
FEET; NORTHERLY 67.41 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 320 19' 14";
NORTH 10 38' 55" EAST 0.20 FEET TO THE BEGINNING OF A CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 22.00 FEET; NORTHWESTERLY 36.42 FEET ALONG
SAID CURVE THROUGH AN ANGLE OF 940 50' 40" NORTH 00 49' S3" WEST 2.15 FEET TO A
POINT ON THE SOUTHERLY LINE OF LOT B, SAID TRACT NO. 7223, SAID POINT BEING ON A
CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 415.00 FEET, A RADIAL TO SAID POINT
BEARS NORTH 00 49'53" WEST; THENCE WESTERLY 291.74 FEET ALONG SAID CURVE AND
0 0
LINE THROUGH AN ANGLE OF 400 16'42" TO THE BEGINNING OF A COMPOUND CURVE
THEREIN CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 269.00 FEET; THENCE
SOUTHWESTERLY 4.76 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 10 01'46" TO THE
POINT OF BEGINNING.
PARCEL 2:
BEGINNING AT THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE IN THE
NORTHWESTERLY LINE OF LOT B SHOWN AS "N 310 43'00" E 281.75" ON A MAP OF TRACT
NO. 7223 FILED IN BOOK 274, PAGES 7 THROUGH 18, MISCELLANEOUS MAPS IN THE OFFICE
OF SAID COUNTY RECORDER; THENCE ALONG THE BOUNDARY OF SAID TRACT THE
FOLLOWING COURSES:
NORTH 310 43' 00" EAST 281.75 FEET TO THE BEGINNING OF A CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 304.15 FEET; NORTHEASTERLY 91.16 FEET ALONG
SAID CURVE THROUGH AN ANGLE OF 170 10'25"; NON - TANGENT; SOUTH 410 06,35" EAST
9.00 FEET TO A POINT ON A NON- TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF 497.00 FEET, A RADIAL TO SAID POINT BEING NORTH 410 06' 35" WEST,
NORTHEASTERLY 264.71 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 300 31' 00" TO
THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 333.00
FEET; EASTERLY 338.59 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 230 50'46"; SOUTH
760 44' 49" EAST 83.74 FEET; SOUTH 670 57'33" EAST 56.55 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 680.00 FEET; SOUTHEASTERLY
149.20 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 170 48' 35 "; SOUTH 300 08' 58"
EAST 199.67 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A
RADIUS OF 420.00 FEET; SOUTHEASTERLY 287.08 FEET ALONG SAID CURVE THROUGH ANGLE
OF 390 09' 48 "; SOUTH 890 18' 46" EAST 250.26 FEET TO THE BEGINNING OF A CURVE
CONCAVE NORTHWESTERLY HAVING A RADIUS OF 400.00 FEET; NORTHEASTERLY 379.80 FEET
ALONG SAID CURVE THROUGH AN ANGLE OF 540 24'06"; NORTH 360 17'08" EAST 362.43
FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 520.00
FEET; NORTH 346.19 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 380 08' 41 "; NON -
TANGENT; SOUTH 810 07'27" WEST 100.69 FEET; SOUTH 730 03'34" WEST, 90.95 FEET;
SOUTH 390 46'40" WEST 506.93 FEET; SOUTH 770 00'38" WEST 146.41 FEET; SOUTH 880 43'
38" WEST 131.30 FEET; NORTH 690 04' 01" WEST 102.86 FEET; NORTH 860 25'25" WEST
146.95 FEET; NORTH 450 23' 38" WEST 154.51 FEET,, NORTH 00 52' 51" WEST 130.01 FEET,
NORTH 410 10" 07" EAST 164.06 FEET; NORTH 640 21'47" EAST 220.73 FEET; NORTH 460 58'
32" EAST 102.59 FEET; NORTH 420 13' 00" EAST 184.86 FEET TO A POINT ON A NON - TANGENT
CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 726.00 FEET, A RADIAL TO SAID
POINT BEARS SOUTH 350 49'05" WEST, NORTHWESTERLY 88.77 FEET ALONG SAID CURVE
THROUGH AN ANGLE OF 70 00'21"; NORTH 470 10'34" WEST 136.60 FEETTO THE BEGINNING
OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 174.00 FEET; WESTERLY 178.40
FEET ALONG SAID CURVE THROUGH AN ANGLE OF 580 44'38" TO THE BEGINNING OF A
REVERSE CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 286.00 FEET, WESTERLY 110.64
FEET ALONG SAID CURVE THROUGH AN ANGLE OF 220 09' 55 "; NON - TANGENT; SOUTH 600 20'
59" WEST 194.39 FEET, SOUTH 660 OF 14" WEST 112.98 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 200.00 FEET; SOUTHWESTERLY
123.88 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 350 29'20"; SOUTH 300 31'54"
WEST 206.95 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS
OF 141.00 FEET; WESTERLY 192.25 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 780 07'
22 "; NORTH 710 20'44" WEST 108.50 FEET; NORTH 570 37'08" WEST 260.14 FEET, NORTH
400 46' 23" WEST 326.16 FEET, NORTH 240 11' 03" EAST 118.39 FEET TO THE SOUTHWEST
CORNER OF PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 35, PAGE 5 OF PARCEL MAPS IN
THE OFFICE OF SAID COUNTY RECORDER; THENCE NORTH 240 11'03" EAST 47.61 FEET
ALONG THE BOUNDARY OF SAID PARCEL TO AN ANGLE POINT THEREIN; THENCE NORTH 670
0 !
58'04" EAST 158.03 FEET ALONG SAID BOUNDARY AND THE BOUNDARY OF PARCEL 2 SAID
PARCEL MAP TO THE MOST WESTERLY CORNER OF LOT 89, SAID TRACT NO. 7223; THENCE
ALONG THE BOUNDARY OF SAID TRACT THE FOLLOWING COURSES AND DISTANCES: NORTH
390 20' 17" EAST 41.00 FEET; NORTH 460 46' 55" EAST 78.24 FEET; NORTH 550 22' 32" EAST
102.08 FEET; NORTH 510 15' 56" EAST 119.86 FEET; NORTH 520 42' 04" EAST 99.00 FEET;
NORTH 570 55' 23" EAST" 113.00 FEET; NORTH 590 37'56" EAST 148.35 FEET; NORTH 570 00'
18" EAST 125.79 FEET; NORTH 660 12' 32" EAST 254.09 FEET; NORTH 4D0 21' 03" EAST 148.28
FEET; NORTH 290 27' 17" EAST 126.47 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 790
55'40" WEST 212.86 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A
RADIUS OF 680.00 FEET; THENCE WESTERLY 294.92 FEET ALONG SAID CURVE THROUGH AN
ANGLE OF 240 50' 59 "; THENCE NON - TANGENT SOUTH 330 40' 18" WEST 81.00 FEET; THENCE
SOUTH 470 54'25" WEST 39.50 FEET; THENCE SOUTH 670 26'03" WEST 153.79 FEET; "THENCE
SOUTH 720 19' 26" WEST 95.50 FEET; THENCE SOUTH 690 17' 29" WEST 87.67 FEET; THENCE
SOUTH 680 11' 55" WEST 86.00 FEET; THENCE SOUTH 570 55' 57" WEST 167.75 FEET; THENCE
SOUTH 510 53' 15" WEST 180.00 FEET, THENCE SOUTH 620 45' 48" WEST 131.00 FEET,
THENCE SOUTH 850 28' 28" WEST 50.00 FEET; THENCE NORTH 610 25' 08" WEST 63.00 FEET;
THENCE NORTH 570 45" 15" WEST 86.00 FEET; THENCE NORTH 290 01' 14" WEST 23.67 FEET;
THENCE NORTH 150 42' 07" EAST 22.62 FEET; THENCE NORTH 120 58' 42" WEST 51.82 FEET;
THENCE NORTH 430 13' 25" WEST 37.34 FEET; THENCE NORTH 520 14'06" WEST 8.70 FEET;
THENCE NORTH 690 51'32" WEST 31.66 FEET; THENCE NORTH 60 10'53" WEST 51.30 FEET;
THENCE NORTH 20 30' 18" EAST 49.51 FEET; THENCE NORTH 260 13' 26" EAST 36.33 FEET;
THENCE NORTH 850 40' 51" EAST 33.69 FEET TO A POINT ON A NON- TANGENT CURVE
CONCAVE WESTERLY HAVING A RADIUS 35.24 FEET ALONG SAID CURVE THROUGH AN ANGLE
OF 400 22' 51 "; THENCE NON-TANGENT NORTH 220 58' 46" WEST 27.00 FEET; THENCE NORTH
410 26' 35" WEST 147.00 FEET; THENCE NORTH 290 32'45" EAST 63.00 FEET; THENCE NORTH
40 15'42" EAST, 126.00 FEET; THENCE NORTH 380 16' 11" EAST 55.00 FEET; THENCE NORTH
100 35'29" EAST 4.14 FEET; THENCE NORTH 890 46' 03" WEST 45.00 FEET; THENCE NORTH
350 04' 32" WEST 60.34 FEET; THENCE SOUTH 820 38' 34" WEST 99.42 FEET, THENCE NORTH
570 28' 50" WEST 48.00 FEET; THENCE NORTH 400 02' 57" WEST 45.41 FEET; THENCE NORTH
550 45'53" WEST 43.90 FEET; THENCE NORTH 420 35'34" WEST 24.39 FEET; THENCE NORTH
310 53' 54" WEST 67.35 FEET; THENCE NORTH 300 39' 19" WEST 15.96 FEET; THENCE NORTH
370 52'06" WEST 56.81 FEET; THENCE NORTH 40 20'37" WEST 58.33 FEET; THENCE NORTH
90 51'41" EAST 16.42 FEET; THENCE NORTH 30 01' 22" EAST 87.65 FEET; THENCE NORTH 250
53'34" WEST 132.19 FEET; THENCE NORTH 300 40'54" WEST 96.14 FEET; THENCE NORTH 240
14'43" WEST 105.00 FEET; THENCE NORTH 200 30'48" WEST 88.87 FEET; THENCE SOUTH 840
44'40" WEST 299.93 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 370.00 FEET; THENCE SOUTHWESTERLY 419.66 FEET ALONG SAID
CURVE THROUGH AN ANGLE OF 640 59' 10 "; THENCE SOUTH 190 45' 30" WEST 80.16 FEET TO
THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 430.00 FEET;
THENCE SOUTHWESTERLY 62.29 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 80 18'01"
TO AN ANGLE POINT IN THE BOUNDARY OF TRACT NO. 7519 AS PER MAP FILED IN BOOK 294,
PAGES 1 THROUGH 4 OF SAID MISCELLANEOUS MAPS; THENCE ALONG THE BOUNDARY OF
SAID TRACT THE FOLLOWING COURSES: SOUTH 300 20' 46" EAST 103.99 FEET; NORTH 830 07'
06" EAST 58.42 FEET, SOUTH 850 50' 46" EAST 179.47 FEET; SOUTH 470 14' 41" EAST 144.36
FEET; SOUTH 200 28' 21" EAST 153.00 FEET; SOUTH 00 37' 20" EAST 44.66 FEET; SOUTH 30
35'35" EAST 78.58 FEET; SOUTH 120 38'51" EAST 234.59 FEET; SOUTH 510 41'09" EAST
53.82 FEET; SOUTH 280 34'50" EAST 106.28 FEET; SOUTH 170 37' 15" EAST 79.46 FEET;
SOUTH 30 04' 41" EAST 139.59 FEET; SOUTH 60 47'47" EAST 56.38 FEET; SOUTH 80 14' 58"
WEST 107.92 FEET; SOUTH 220 01' 39" WEST 121.85 FEET; SOUTH 100 00'45" EAST 52.85
FEET, THENCE LEAVING SAID BOUNDARY SOUTH 860 15'25' EAST 259.97 FEET; THENCE
SOUTH 50 37'20" EAST 192.23 FEET; THENCE SOUTH 320 02' 30" EAST 116.22 FEET; THENCE
SOUTH 120 04'45" EAST 170.06 FEET; THENCE SOUTH 290 39' 52" EAST 436.40 FEET; THENCE
SOUTH 590 04'58" EAST 111.33 FEET; THENCE SOUTH 220 01' 31" EAST 125.47 FEET; THENCE
SOUTH 380 32' 17" EAST 52.14 FEET; THENCE SOUTH 470 14' 03" EAST 101.68 FEET, THENCE
0 0
SOUTH 20 56'31" EAST 58.82 FEET; THENCE SOUTH 240 38'40" WEST 99.94 FEET; THENCE
SOUTH 540 06' 14" EAST 112.67 FEET; THENCE SOUTH 200 59' 07" EAST 98.12 FEET, THENCE
SOUTH 40 19' 18" EAST 91.46 FEET; THENCE SOUTH 300 00' 00" WEST 177.29 FEET TO A
POINT ON THE NORTHEASTERLY RIGHT OF WAY LINES OF SAN JOAQUIN HILLS ROAD AS
SHOWN ON THE MAP OF SAID TRACT NO. 7223, SAID POINT BEING ON A CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 5921.60 FEET, A RADIAL TO SAID POINT BEARS
SOUTH 490 18'56" WEST, SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHERLY
HAVING A RADIUS OF 115.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 470 20' 14"
WEST, SAID POINT BEING AN ANGLE POINT IN THE BOUNDARY OF PARCEL H AS DESCRIBED
IN A DEED TO THE BIG CANYON COMMUNITY ASSOCIATION RECORDED IN BOOK 9699, PAGE
982, OFFICIAL RECORDS OF SAID COUNTY; THENCE EASTERLY 189.14 FEET ALONG SAID
CURVE THROUGH AN ANGLE OF 940 14' 05" TO A POINT ON THE NORTHWESTERLY LINE OF
SAID LOT B TRACT NO. 7223, SAID POINT BEING ON A CURVE CONCAVE NORTHWESTERLY
HAVING A RADIUS OF 553.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 510 55'08" EAST;
THENCE NORTHEASTERLY 61.42 FEET ALONG SAID CURVE AND NORTHWESTERLY LINE
THROUGH AN ANGLE OF 60 21' 52" TO THE PONT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION GRANTED TO JOHN F. AND ANN R. BISHOP,
TRUSTEES BY DEED RECORDED NOVEMBER 10, 1995 AS INSTRUMENT NO. 19950501722 OF
OFFICIAL RECORDS.
PARCEL 3
AN EASEMENT FOR INGRESS AND EGRESS OVER BIG CANYON DRIVE, BEING MORE
PARTICULARLY DESCRIBED AS LOTS B AND C, TRACT NO. 7223 AS PER MAP FILED IN BOOK
274, PAGES 7 THROUGH 18, MISCELLANEOUS MAPS IN THE OFFICE OF SAID COUNTY
RECORDER, LOT B, TRACT NO. 7638, AS PER MAP FILED IN BOOK 306, PAGES 1 THROUGH 9,
SAID MISCELLANEOUS MAPS, LOT D, TRACT NO. 7800, AS PER MAP FILED IN BOOK 304, PAGES
35 THROUGH 37, SAID MISCELLANEOUS MAPS, LOT E, TRACT NO. 7809, AS PER MAP FILED IN
BOOK 304, PAGES 38 THROUGH 40, SAID MISCELLANEOUS MAPS, LOT F, TRACT NO. 7788, AS
PER MAP FILED IN BOOK 301, PAGES 10 THROUGH 14, SAID MISCELLANEOUS MAPS AND LOT
I, TRACT NO. 7519, AS PER MAP FILED IN BOOK 294, PAGES 1 THROUGH 4, SAID
MISCELLANEOUS MAPS.
PARCEL 4:
A NON - EXCLUSIVE EASEMENT FOR PURPOSES OF LANDSCAPING AND MAINTAINING THE
LANDSCAPING OF PARKWAYS OVER THOSE PORTIONS OF THE ABOVE DESCRIBED PARCEL 3,
WHICH ABUT THE ABOVE DESCRIBED PARCEL 1 AND PARCEL 2.
EXCEPTING THEREFROM ALL OIL, GAS, PETROLEUM AND OTHER HYDROCARBON SUBSTANCES
IN AND UNDER THE PROPERTY CONVEYED HEREBY, TOGETHER WITH ALL NECESSARY AND
CONVENIENT RIGHTS TO EXPLORE FOR, DEVELOP, PRODUCE, EXTRACT AND TAKE THE SAME,
SUBJECT TO THE EXPRESS LIMITATION THAT ANY AND ALL OPERATIONS FOR THE
EXPLORATION, DEVELOPMENT, PRODUCTION, EXTRACTION AND TAKING OF ANY OF SAID
SUBSTANCES SHALL BE CARRIED ON AT LEVELS BELOW THE DEPTH OF FIVE HUNDRED (500)
FEET FROM THE SURFACE OF SAID LAND BY MEANS OF WELLS, DERRICK AND /OR OTHER
EQUIPMENT FROM SURFACE LOCATIONS ON ADJOINING OR NEIGHBORING LAND, AND
SUBJECT FURTHER TO THE EXPRESS LIMITATION THAT THE FOREGOING RESERVATION SHALL
IN NO WAY BE INTERPRETED TO INCLUDE ANY RIGHT OF ENTRY IN AND UPON THE SURFACE
OF THE LAND HEREINABOVE DESCRIBED, AS RESERVED BY DEED RECORDED DECEMBER 30,
1974 IN BOOK 11314, PAGE 857 OF OFFICIAL RECORDS.
APN: 442- 032 -53 and 442 - 032 -54 and 442 - 032 -57 and 442- 032 -58 and 442- 032 -59 and 442-
032-60 and 442 - 032 -69
_.. • - - -- - - - - --
I
EXHIBIT "2"
BEING A PORTION OF BLOCKS 56 AND 92 OF IRVINE'S SUBDMSION, IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 1, PAGE 88 OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1
A STRIP OF LAND 25 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE CENTERLINE OF MACARTHUR BOULEVARD, 100.00 FEET WIDE,
AS PER MAP FILED IN BOOK 64, PAGES 8 TO 23, INCLUSIVE, OF RECORD OF SURVEY, SAID POINT
BEING THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS SOUTH 11 048'00" EAST
2052.88 FEET ON SAID MAP AND THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY
HAVING A RADIUS OF 2000.00 FEET- THENCE SOUTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 16 025'00" AN ARC DISTANCE OF 573.05 FEET TO A POINT ON SAID CURVE, A
RADIAL TO SAID POINT BEARS SOUTH 85-23'00-BAST; THENCE SOUTH 78 °57'33" WEST 159.92 FEET
TO THE WESTERLY LINE OF MACARTHUR BOULEVARD, SAID POINT ALSO BEING THE TRUE POINT
OF BEGINNING: THENCE CONTINUING SOUTH 78 057'33" WEST 64.43 FEET, THENCE SOUTH 88°56'58"
WEST 169.81 FEET; THENCE NORTH 75 °00'46" WEST 277.24 FEET; THENCE NORTH 89 °41'06" WEST
71.30 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT'A'; THENCE CONTINUING NORTH
89 °41'06" WEST 355.02 FEET; THENCE SOUTH 61 °34'39" WEST 317.50 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT'B'; THENCE CONTINUING SOUTH 61 °34'39" WEST 65.31; THENCE SOUTH
36 °41'14" WEST 428.69 FEET; THENCE SOUTH 67°33'02" WEST 440.39 FEET; THENCE NORTH 66°36'29"
WEST 254.04 FEET; THENCE NORTH 65-53'17- WEST 269.98 FEET; THENCE NORTH 86 °42'03" WEST
439.65 FEET; THENCE NORTH 27°57'51" WEST 352.95 FEET, THENCE NORTH 56 °10'23" WEST 340.61
FEET; THENCE NORTH 02-19'15- EAST 397.21 FEET; THENCE NORTH 19°04'03" 414.98 FEET, THENCE
NORTH 21 055'44" WEST 197.97 FEET; THENCE NORTH 21. 32'48" WEST 427.34 FEET; THENCE NORTH
38 °04'36" WEST 403.20 FEET; THENCE NORTH 26 °55'06" WEST 301.58 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT 'C'; THENCE CONTINUING NORTH 26 °55'06" WEST 25.06 FEET; THENCE
NORTH 38 015'23" WEST 35.55 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT'D'; THENCE
CONTINUING NORTH 38 °15'23" WEST 328.01 FEET, THENCE NORTH 83 °05'1 I" WEST 33.00 FEET TO
THE POINT OF TERMINATION OF PARCEL 1.
EXCEPTING THEREFROM THAT PORTION LYING BETWEEN HRRTINREFORE DESCRIBED POINTS 'A'
THROUGH'B' AND'C' THROUGH'D'.
WTVSSON &
SOCIATES
Civil Engineers — Land Surveyors - Planners
2552 White Road, Suite B
Irvine, CA 92614 -6236
949 -660 -0110 Fax:949- 660 -0418
OCSD PROJECT 5-62
BIG CANYON TRUNK SEWER
REPLACEMENT
MARCH 2006
W.O. No. 1140 -369 -001 Date: 02/17/2006
Engr.B.JW. Chk'd. J.W. Sheet 1 of 1
F-
Q 6
EXHIBIT "3"
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VI L)LVIIYIY IIYV
NOTE:
SEE SHEET 6 FOR LINE AND AREA: 3.26 ACRES TOTAL
CURVE TABLES .
55' W
92'
ALDEN & OCSD PROJECT 5 -62
SSOCIATES BIG CANYON TRUNK SEWER REPLACEMENT
MARCH 2006
CIVIL ENGINEERS -LAND SURVEYORS - PLANNERS
2552WHITER0AD,SUPPES•IRVINE,CA 92614.6236 W.O. No. 1140- 369 -001 Date 02/17/06
(949)660.0110 FAX 66D441a Engr. B.J.W. Chk'd J.W. Sheet 1 Of 6
0
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EXHIBIT "3'
i. 7914
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�E SEE SHEET 6 FOR LINE AND
ce1
AREA: 3.26 ACRES TOTAL
r
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a
-'LDEIV & OCSD PROJECT 5 -62
SSOCIATES BIG CANYON TRUNK SEWER REPLACEMENT
MARCH 2006
CIVR. fMINUI BS -LAND SURVEYORS - PLANNERS
us2W ME ROAD, SUM Bf1RVlNE,CA92614-036 W.O. No. 1140- 369 -001 Dote 02/17/06
(949)660.0110 PAX660-MIS Engr. B.J.W. Chk'd J.W. Sheet 2 Of 6
MATCH SHEET
�I
ri
I
25.00'
12.50' 112.50'
I1
it
It
II
II
I
` PARCEL
44
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No. 7914
12 -31 -07
4 EN1181 r ' 3'
N0.4636
101
S
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NOTE:
SEE SHEET 6 FOR LINE AND
CURVE TABLES
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AREA: 3.26 ACRES TOTAL
L0
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'4I���LDEN & OCSD PROJECT 5 -62
SSOCIATES BIG CANYON TRUNK SEWER REPLACEMENT
MARCH 2006
CNII. ENGE -n=S - LAND SURVEYORS - PLANNERS
2552 WHUB ROAD, SUM B•IRVINE, CA 9261462% W.O. No. 1140- 369 -001 Date 02/17/06
(949)660-0110 FAX 660-0418 Engr, B.J.W. Chk'd J.W. Sheet 3 Of 6
MATCH SHEET
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NO 4519
k 7914
1. 12 -31 -07
EXHIBIT "Y
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PARCEL 1
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MATCH
SHEET 3
NOTE:
SEE SHEET 6 FOR LINE AND AREA: 3.26 ACRES TOTAL
CURVE TABLES
'ALDEN & OCSD PROJECT 5 -62
SSOCLATES BIG CANYON TRUNK SEWER REPLACEMENT
MARCH 2006
CPnL ENGINEERS -LAND SURVEYORS - PLANNERS
2552 WHITE ROAD, SUM 8 -)RVWK CA 92614.6M W.O. No. 1140- 369 -001 Date 02/17/06
(949)660.0110 PAX 660 -0418 En r. B.J.W. Chk'd J.W. Sheet 4 Of 6
i
EXHIBIT 313'
0
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PARCEL 1 G�
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MATCH
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NOTE:
SEE SHEET 6 FOR LINE AND
CURVE TABLES
0
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C�
\\ \
SHEET 4
AREA: 3.26 ACRES TOTAL
ALDEN & OCSD PROJECT 5 -62
SSOCIATES BIG CANYON TRUNK SEWER REPLACEMENT
MARCH 2006
CIVIL ENGINEERS -LAND SURVEYORS - PLANNERS
2552 WHITE ROAD, SUM B -IRVOM, CA 92614-62M W.O. No. 1140- 369 -001 Date 02/17/06
(949)660.0110 FAX:660-0418 En r. B.J.W. Chk'd J.W. Sheet 5 Of 6
EX01BIT "X
LINE TABLE
CURVE TABLE
LINE BEARING DISTANCE
CURVE
I DELTA
I RADIUS
LENGTH
L1
S 7657'33" W
64.43'
Cl
11 6'25'00"
12000.00'1573.05'
L2
S 8956'58" W
169.81'
L3
N 75'00'46" W
277.24'
L4
N 89'41'06" W
71.30'
L5
N 89'41'06" W
355.02'
L6
S 61'34'39" W
317.50'
L7
S 61'34'39" W
65.31'
L8
S 3641'14" W
428.69'
L9
S 6T33'02" W
440.39'
L10
N 6636'29" W
254.04'
L11
N 65'53'17" W
269.98'
L12
N 86'42'03" W
439.65'
L13
N 27'57'51" W
352.95'
L14
N 56'10'23" W
340.61'
L15
N 02'19'15' E
397.21'
L16
N 19'04'03" W
414.98'
L17
N 21'55'44" W
197.97'
L18
N 21'32'48" W
427.34'
L19
N 3904'36" W
403.20'
L20
N 2655'06" W
301.58'
L21
N 2655'06" W
25.06'
L22
N 3915'2S W
35.55'
L23
N 38'15'23" W
328.01'
L24
N 83'05'11" W
33.00'
09114
12 -31 -01
ALDEIV & OCSD PROJECT 5 -62
SSOCIATES BIG CANYON TRUNK SEWER REPLACEMENT
MARCH 2006
C1VM ENGOMERS - LAND SURVEYORS - F1Alawn
2552 VOWE ROAD, SUM S•IRVa48, CA 92614 -6236 W.O. No. 1140- 369 -001 Date 02/17/06
(949)660-0110 FAX - 660.0418 En r. B.J.W. Chk'd J.W. Sheet 6 Of 6
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
City Clerk's Office
City of Newport Beach
Post Office Box 1768
Newport Beach, CA 92659 -1768
40
Space above this line for Recorder's use only.
AMENDED AND RESTATED EASEMENT
This Amended and Restated Easement (this "Amendment ") is entered into as of
April , 2006 ( "Effective Date ") by and between Big Canyon Country Club, a
California non - profit mutual benefit corporation ( "Grantor"), and the City of Newport
Beach, a municipal corporation ( "Grantee "), with reference to the following facts.
A. On June 19, 1975, in Book 11435, Pages 247 through 252 of the Official
Records of Orange County, California, a Public Utility Easement executed by the Irvine
Company in favor of Grantee was recorded ( "Easement ").
B. Grantor is the owner of the fee interest in the property which the
Easement encumbers (the "Property ").
C. Grantee and Grantor now desire to enter into this Amendment to amend
and restate the legal descriptions of that portion of the Property burdened by the
Easement.
NOW, THEREFORE, for valuable consideration, receipt of which is hereby
acknowledged, the parties agree as follows:
1. Amendment and Restatement of Easement. The legal description of
that portion of the Property burdened by the Easement shall be replaced with the legal
description set forth in Exhibit 1 attached hereto and incorporated herein by this
reference. Exhibit A to the Easement shall be replaced with the sketch to accompany
the new legal description which is attached hereto as Exhibit 2 and incorporated herein
by this reference.
2. Terms of Easement: Except as expressly modified herein, all other
provisions, terms, and covenants set forth in the Easement and exhibits attached
thereto shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
1
EXHIBIT C
•
APPROVED AS TO FORM
0
GRANTEE:
THE CITY OF NEWPORT BEACH
By: � C%►` -- C dCw By:
Aaron C. Harp,
Assistant City Attorney
For the City of Newport Beach
ATTEST
By:
LaVonne Harkless, City Clerk
For the City of Newport Beach
Don Webb, Mayor
For the City of Newport Beach
GRANTOR
BIG CANYON COUNTRY CLUB
By:
Name:
Title:
By:
Name:
Title:
[END SIGNATURES]
F,
STATE OF CALIFORNIA }
ss:
COUNTY OF ORANGE )
On
2006, before me,
personally
appeared personally 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 has 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 acted,
executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
On
2006, before me,
(This area for official notarial seal)
personally
appeared personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and
acknowledged to me that he/she /they has executed the same in his /herltheir 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 acted,
executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(This area for official notarial seal)
3
THOSE PORTIONS OF BLOCK 56 OF IRVINE'S SUBDIVISION, IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 1, PAGE
88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1:
A STRIP OF LAND 12.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHERLY CORNER OF LOT 19 OF TRACT NO. 7638 AS PER MAP
FILED IN BOOK 300, PAGES 1 THROUGH 9 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS
OF SAID COUNTY; THENCE NORTH 31 °57'28" EAST 247.98 FEET TO THE POINT OF
TERMINATION.
PARCEL 2:
A STRIP OF LAND 15.00 FEET IN WIDTH, THE NORTHERLY LINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT THE ANGLE POINT IN THE NORTHWESTERLY LINE OF LOT 61 OF TRACT NO.
7638 PER MAP FILED IN BOOK 306, PAGES I TO 9 INCLUSIVE, SAID POINT BEING THE
NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS NORTH 26° 13' 16"
EAST 36.33 FEET ON SAID MAP; THENCE NORTH 71 °57'59" WEST 371.28 FEET TO THE POINT
OF TERMINATION.
AS SHOWN ON EXHIBIT "2" ATTACHED HERETO AND MADE A PART HEREOF.
VWLDEN &
SSOCIATES
Civil Engineers — Land Surveyors - Planners
2552 White Road, Suite B
Irvine, CA 92614 -6236
949 - 660 -0110 Fax:949- 660 -0418
EXHIBIT "1"
LEGAL DESCRIPTION
TO ACCOMPANY A SKETCH
W.O. No, 1140- 369 -001 Date: 04/13/2006
Engr.B.JW. Chk'd, J.W. Sheet 1 of 1
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20
22 / \ / 19
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M•M•
W WSOC &
SSOCIATES
CIVIL ENGINEERS - LAND SURVEYORS • PLANNERS
2552 WHITE ROAD, SUITE B -IRVINE, CA 92614 -6236
(949) 660-0110 FAX: 660 -0418
POINT OF
BEGINNING
EXHIBIT "2"
SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
W.O. No. 1140- 369 -001 Date 04/03/06
Engr. B.J.W. Chk'd J.W. Sheet 1 Of 2
POINT OF
BEGINNING
3j> 2g.
PARCEL 2
15' SEWER EASEMENT
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61
62
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3p6/ 1' 9
"1�LDEN & EXHIBIT "2"
SSOCIATES SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
CIVIL, ENGINEERS -LAND SURVEYORS- PLANNERS
2552 WHITE ROAD, SUITE E•1RVINE, CA 926146236 W.O. No. 1140- 369 -001 Date 04/03/06
(949) 660-0110 FAX: 660 -0418 Engr. B.J.W. Chk'd J.W. _ Sheet 2 Of 2
0
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
City Clerk's Office
City of Newport Beach
Post Office Box 1768
Newport Beach, CA 92659 -1768
0
Space above this line for Recorder's use only.
AMENDED AND RESTATED EASEMENT
This Amended and Restated Easement (this "Amendment") is entered into as of
April _, 2006 ( "Effective Date ") by and between Big Canyon Country Club, a
California non - profit mutual benefit corporation ( "Grantor") and the City of Newport
Beach, a municipal corporation ( "Grantee ") with reference to the following facts.
A. On May 18, 1971, in Book 9644, Pages 465 through 474, of the Official
Records of Orange County, California, an easement executed by the Irvine Company
and Grantor in favor of the Grantee was recorded ( "Easement ").
B. Grantor is the owner of the fee interest in the property which the
Easement encumbers (the "Property ").
C. Grantee and Grantor now desire to enter into this Amendment to amend
and restate the legal descriptions of that portion of the Property burdened by the
Easement.
NOW, THEREFORE, for valuable consideration, receipt of which is hereby
acknowledged, the parties agree as follows:
1. Amendment and Restatement of Easement. The legal description of
that portion of the Property burdened by the Easement, set forth in Exhibit A to the
Easement, shall be replaced with the legal description set forth in Exhibit 1 attached
hereto and incorporated herein by this reference. Exhibit B to the Easement shall be
replaced with the sketches to accompany the new legal description which are attached
hereto as Exhibit 2 and incorporated herein by this reference.
2. Terms of Easement: Except as expressly modified herein, all other
provisions, terms, and covenants set forth in the Easement and exhibits attached
thereto shall remain unchanged and shall be in full force and effect.
(SIGNATURES ON FOLLOWING PAGE(
1
APPROVED AS TO FORM
By: � 4u% . C - ff CA- -
Aaron C. Harp,
Assistant City Attorney
For the City of Newport Beach
ATTEST
M
LaVonne Harkless, City Clerk
For the City of Newport Beach
F
GRANTEE:
THE CITY OF NEWPORT BEACH
By:
Don Webb, Mayor
For the City of Newport Beach
GRANTOR
BIG CANYON COUNTRY CLUB
Name:
Title:
By:
Name:
Title:
[END SIGNATURES]
2
STATE OF CALIFORNIA
COUNTY OF ORANGE
On
0 •
)
ss:
2006, before me
personally
appeared personally 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 has 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 acted,
executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
On 2006, before me
(This area for official notarial seal)
personally
appeared personally 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 has executed the same in hisiher /their authorized capacity(ies), and that by
hislher /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(This area for official notarial seal)
3
BEING A PORTION OF BLOCKS 56 AND 92 OF IRVINE'S SUBDIVISION, IN THE CITY OF
NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN
BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1:
A STRIP OF LAND 10.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF LOT 14 IN TRACT NO. 7223 AS
PER MAP RECORDED IN BOOK 274, PAGES 7 THROUGH 18 INCLUSIVE OF MISCELLANEOUS
MAPS, RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING SOUTH 64'21'47" WEST
23.33 FEET FROM THE MOST NORTHERLY CORNER OF SAID LOT; THENCE NORTH 41 ° 10'38"
WEST 26.50 FEET; THENCE NORTH 55 °21'42" WEST 23.50 FEET TO THE POINT OF
TERMINATION.
PARCEL 2:
A STRIP OF LAND 10.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF ROYAL SAINT GEORGE ROAD
IN TRACT NO. 7223 AS PER MAP RECORDED IN BOOK 274, PAGES 7 THROUGH 18 INCLUSIVE
OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING
SOUTH 47° 10'34" EAST 17.00 FEET FROM THE NORTHWESTERLY TERMINUS OF THAT
CERTAIN COURSE SHOWN AS NORTH 47 °10'34" WEST 136.60 FEET ON SAID MAP; THENCE
SOUTH 03 050'08" WEST 79.06 FEET TO THE POINT OF TERMINATION.
1�LDEN &
SSOCIATES
Civil Engineers — Land Surveyors - Planners
2552 White Road, Suite B
Irvine, CA 92614 -6236
949 - 660 -0110 Fax:949.660 -0418
EXHIBIT "1"
LEGAL DESCRIPTION
TO ACCOMPANY A SKETCH
W.O. No. 1140- 369 -001 Date: 04/04/06
Engr.B.JW. Chk'd. J.W. Sheet 1 of
PARCEL 3:
A STRIP OF LAND 15.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF LOT 93 IN TRACT NO. 7223 AS
PER MAP RECORDED IN BOOK 274, PAGES 7 THROUGH 18 INCLUSIVE OF MISCELLANEOUS
MAPS, RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING SOUTH 66 °58'28" WEST 5.01
FEET FROM THE MOST NORTHERLY CORNER OF SAID LOT; THENCE NORTH 25059'11" WEST
22.97 FEET TO POINT `A'; THENCE NORTH 25 °59' 11" WEST 47.72 FEET; THENCE SOUTH
68'59'18" WEST 188.45 FEET; THENCE SOUTH 75 °04'03" WEST 24.44 FEET; THENCE SOUTH
47 °40'34" WEST 254.82 FEET TO THE POINT OF TERMINATION.
PARCEL4:
A STRIP OF LAND 10.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT POINT `A' DESCRIBED IN PARCEL 3 ABOVE; THENCE NORTH 58 °57' 19" EAST
137.44 FEET TO A POINT ON THE NORTHWESTERLY LINE OF LOT 89 IN SAID TRACT NO.
7223, SAID POINT BEING SOUTH 39'20'17" WEST 14.03 FEET FROM THE ANGLE POINT IN
SAID NORTHWESTERLY LINE SAID POINT BEING THE POINT OF TERMINATION.
PARCELS:
A STRIP OF LAND 15.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
COMMENCING AT THE ANGLE POINT IN THE WESTERLY LINE OF LOT 13 IN TRACT NO. 7223
PER MAP FILED IN BOOK 274, PAGES 7 TO 18 INCLUSIVE, SAID POINT BEING THE
SOUTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS NORTH 00 °52'51" WEST
130.01 FEET ON SAID MAP; THENCE NORTH 78° 11' 15" WEST 587.83 FEET TO THE TRUE POINT
OF BEGINNING; THENCE NORTH 13 °56'05" EAST 86.00 FEET; THENCE NORTH 80'17'14" EAST'
THENCE NORTH 11'49'19" WEST 54.09 TO THE SOUTHERLY LINE OF SAID TRACT NO. 7223
AND THE POINT OF TERMINATION.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART
HEREOF.
WWSSOC &
SOCIATES
Civil Engineers — Land Surveyors - Planners
2552 White Road, Suite B
Irvine, CA 92614 -6236
949 - 660 -0110 Fax: 949-660-0418
7914
12 -31 -07
EXHIBIT "1"
LEGAL DESCRIPTION
TO ACCOMPANY A SKETCH
W.O. No. 1140- 369 -001 Date: 04/04/06
Engr.B.JW. Chk'd. J.W. Sheet 2 of 2
SCALE: 1 " = 100'
PARCEL 1
10' SEWER EASEMENT
N
LINE TABLE
LINE
BEARING
DISTANCE
L1
N 41. 10'38" W
26.50'
L3
N 55721'42" W
13.50'
No. 7914
Exp. 12 -31 -07
WWSOC &
SSOCIATES
CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS
2552 WHITE ROAD, SUITE B -IRVINE, CA 92614 -6236
(949) 660-0110 FAX: 660 -0418
EXHIBIT "2"
SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
W.O. No, 1140- 369 -005 Date 04/04/06
Engr. B.J.W. Chk'd J.W. Sheet 1 Of 4
SCALE: 1" =1 DO'
35
�0
17.00' �r
PARCEI 2 ''�
10' SEWER EASEMENT
"IJUALDEN &
SSOCIATES
40,
LOT A
LINE TABLE
LINE
BEARING
DISTANCE
L1
S 03'50'08" W
79.06'
L2
N 47'10'34" W
136.60'
CIM ENGENBBRS - LAND SURVEYORS - PLANNERS
2552 WHUE ROAD, SUrrE B -IRVINE, CA 92614.6236
(949) 660 -0110 FAX: 660 -0418
EXHIBIT "2"
SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
W.O. No. 1140- 369 -005 Dote 04/04/06
fir. B.J.W. Chk'd J-W Sheet 2 Of 4
0
N1
o i
U IIV^NAII'
No. 7914
12 -31 -07
PARCEL 4
10' SEWER EASEMENT
JG* 66 04
lavlo 5 191%
ice_
'S
s oo.
o.
PARCEL 3
15' SEWER EASEMENT
^'O
& EXHIBIT
SSOCIATES SKETCH TO ACCOMPANY
PANY
�
SSOC
A LEGAL DESCRIPTION
CRM ENGINEERS -LAND SURVEYORS- PLANKS
2552 WHM ROAD, SUITE E•EtVWE, CA 92614 -6236 W.O. No. 1140 - 369 -001 Date 02/23/06
(949) 660 -0110 FAX 660 -0418 Engr. B.J.W. Chk'd J.W. Sheet 3 Of 4
LINE TABLE
LINE
BEARING
DISTANCE
L1
N
25. 59'11"
W
70.69'
L2
S
68'59'18"
W
188.45'
L3
S
75'04'03"
W
24.44'
L4
S
47'40'34"
W
254.82'
L5
S
66'58'28"
W
86.93'
1-6
S
24'11'03"
W
118.39'
L7
S
58'20'19"
W
70.49'
L8
N
25'59' 1 1"
W
47.92'
L9
N
25'59'11"
W
22.77'
L10
S
58'20'19"
W
137.44'
^'O
& EXHIBIT
SSOCIATES SKETCH TO ACCOMPANY
PANY
�
SSOC
A LEGAL DESCRIPTION
CRM ENGINEERS -LAND SURVEYORS- PLANKS
2552 WHM ROAD, SUITE E•EtVWE, CA 92614 -6236 W.O. No. 1140 - 369 -001 Date 02/23/06
(949) 660 -0110 FAX 660 -0418 Engr. B.J.W. Chk'd J.W. Sheet 3 Of 4
LINE TABLE
LINE
BEARING
DISTANCE
L1
N 13'56'05" E
86.00'
L2
N 80-17'1 4�' E
70.58'
L3
N 11'49'19" W
54.09'
L4
S 0952'51" E
130.01'
I
J
15
Z7.50,
,Ala"
G� gyp.
PARCEL 5
15' SEWER EASEMENT
—_N 78 17 15 W
587,83,
TRUE POINT
OF BEGINNING
ALDEN &
SSOCIATES
CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS
2552 WHITE ROAD, SUM B -IRVINE, CA 92614-6236
(949) 660 -0110 FAX: 660 -0418
EXHIBIT "2"
SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
W.O. No. 1140 - 369 -001 Date 02/23/06
Engr. B.J.W. Chk'd J.W. Sheet 4 Of 4
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
City Clerk's Office
City of Newport Beach
Post Office Box 1768
Newport Beach, CA 92659 -1768
0
Space above this line for Recorder's use only.
AMENDED AND RESTATED EASEMENT
This Amended and Restated Easement (this "Amendment ") is entered into as of
April _, 2006 ( "Effective Date ") by and between Big Canyon Country Club, a
California non - profit mutual benefit corporation ( "Grantor") and the City of Newport
Beach, a municipal corporation ( "Grantee ") with reference to the following facts.
A. On November 24, 1971, in Book 9901, Pages 304 through 309, of the
Official Records of Orange County, California, a Public Utility Easement executed by the
Irvine Company in favor of Grantee was recorded ( "Easement ").
B. Grantor is the owner of the fee interest in the property which the
Easement encumbers (the "Property').
C. Grantee and Grantor now desire to enter into this Amendment to amend
and restate the legal descriptions of that portion of the Property burdened by the
Easement.
NOW, THEREFORE, for valuable consideration, receipt of which is hereby
acknowledged, the parties agree as follows:
1. Amendment and Restatement of Easement. The legal description of
that portion of the Property burdened by the Easement shall be replaced with the legal
description set forth in Exhibit 1 attached hereto and incorporated herein by this
reference. Exhibit A to the Easement shall be replaced with the sketch to accompany
the new legal description which is attached hereto as Exhibit 2 and incorporated herein
by this reference.
2. Terms of Easement: Except as expressly modified herein, all other
provisions, terms, and covenants set forth in the Easement and exhibits attached
thereto shall remain unchanged and shall be in full force and effect.
LSIGNATURES ON FOLLOWING PAGEI
0
APPROVED AS TO FORM
By: 4 cH. , C, Aaron C. Harp,
Assistant City Attorney
For the City of Newport Beach
ATTEST
By:
LaVonne Harkless, City Clerk
For the City of Newport Beach
0
GRANTEE:
THE CITY OF NEWPORT BEACH
By:
Don Webb, Mayor
For the City of Newport Beach
GRANTOR
BIG CANYON COUNTRY CLUB
Name:
Title:
By:
Name:
Title:
[END SIGNATURES]
STATE OF CALIFORNIA
COUNTY OF ORANGE
On
appeared
0 0
ss:
}
2006, before me..
personally
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 has 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 acted,
executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA
COUNTY OF ORANGE
On
ss:
2006, before me,
(This area for official notarial seal)
personally
appeared personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and
acknowledged to me that he /she /they has 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 acted,
executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(This area for official notarial seal)
THOSE PORTIONS OF BLOCK 92 OF IRVINE'S SUBDIVISION,.IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 1, PAGE 88 OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1:
A STRIP OF LAND 15.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE CENTERLINE OF BIG CANYON DRIVE (LOT'S ") OF VARIABLE
WIDTH, AS SHOWN ON THE MAP TRACT NO. 7223 FILED IN BOOK 274, PAGES 7 THROUGH 18
INCLUSIVE, OF MISCELLANEOUS MAPS, SAID POINT BEING THE SOUTHERLY TERMINATION OF
THAT CERTAIN CURVE SHOWN ON SAID MAP AS BEING CONCAVE SOUTHERLY HAVING A RADIUS
OF 450.00 FEET, A CENTRAL ANGLE OF 98 °08'02" AND AN ARC LENGTH OF 770.74 FEET, THENCE
NORTHWESTERLY AND WESTERLY 315.13 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 40 °07'23 "; THENCE RADIALLY NORTH 00'16'2 1 " WEST 5.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 06'02'24" WEST 72.12 FEET; THENCE NORTH 86 °38'58" EAST 150.89
FEET; THENCE NORTH 05 °46'41" EAST 175.25 FEET TO THE POINT OF TERMINATION.
EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN SAID BIG CANYON DRIVE.
PARCEL 2:
A STRIP OF LAND 10.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF TRACT NO. 7384 AS PER MAP
FILED IN BOOK 281, PAGES 17 THROUGH 19 INCLUSIVE, OF MISCELLANEOUS MAPS WITH THE
CENTERLINE OF THAT CERTAIN EASEMENT DELINEATED ON SAID MAP AS "10' EASEMENT FOR
SANITARY SEWER PURPOSES TO THE CITY OF NEWPORT BEACH "; THENCE SOUTH 38'06'46" EAST
240.86 FEET ALONG SAID CENTERLINE AND THE SOUTHEASTERLY PROLONGATION THEREOF;
THENCE SOUTH 07'25'25" EAST 147.17 FEET; THENCE SOUTH 48 °00'00" EAST 220.00 FEET TO THE
POINT OF TERMINATION.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN SAID TRACT NO. 7384.
AS SHOWN ON EXHIBIT "2" ATTACHED HERETO AND MADE A PART HEREOF.
WWSSON &
SOCIATES
Civil Engineers — Land Surveyors - Planners
2552 White Road, Suite B
Irvine, CA 92614 -6236
949 - 660 -0110 Fax: 949-660-0418
EXHIBIT "1"
LEGAL DESCRIPTION
TO ACCOMPANY A SKETCH
W.O. No. 1140- 369 -001 Date: 04/17/2006
Engr.B.JW. Chk'd. J.W. Sheet 1 of 1
0 0
CURVE TABLE
CURVE
I DELTA
RADIUS
I LENGTH
Cl
40'07'23
450.00'
315.13'
LINE TABLE
LINE
BEARING
DISTANCE
L1
N 0916'21" W
5.00'
L2
N 06'02'24" W
72.12'
L3
N 86'38'58" E
150.89.'
L4
N 05'46'41" E
175.25'
G� 9 `V50
wc
r
J —L3_
No. 7914
Ev. 12 -31 -07
II
7.50' 15.00'
i 1 7,50'
it
li
i
li
J
TV
0
o_
II
a
J IIt
IIYIIIi,
PARCEL 1
15' SEWER
GP�Y °o' Ll = 770.74.'' CI
R '
9$ Oz 02 oR�L
F
�O•
c��ZMs�ON 3$°'
0; �R�,NE 1 Ba G1 �° 1
WWSSOC &
50CIATES
EXHIBIT "2"
SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS
2552 WHITE ROAD, SUITE B•IRVINE, CA 92614.6236 W.O. No. 1140- 369 -OD1 Date 04/17/06
(949)660 -0110 FAx:660 -0418 Engr. B.J.W. Chk'd J.W. Sheet 1 Of 2
0
CURVE TABLE
CURVE
DELTA
I RADIUS
I LENGTH
Cl
02'01'06"
460.00'
16.20'
S 89'18'46" E 250.26'
S 89.18'46" E 250.26'
NORTHERLY LI NE
TRACT NO. 7384
16 17
T15 7
E It
r
I In
AV
I�
I N II
m
w
D P��p� V)
it �
G V)
W.
19
'Wr N &
WSO
SSOCIATES
CIVIL ENGINEERS - LAND SURVEYORS - PIANNERS
2552 WHITE ROAD, SUITE E -IRVINE, CA 92614 -6236
(949) 660-0110 FAX: 660.0415
0l'pg Og y�pN
,RUNE MM q*,0
O
J N
N Ln,
m
PARCEL 2
10' SEWER EASEMENT
EXHIBIT "2"
SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
W.O. No. 1140 - 369 -001 Date 04/17/06
Engr. B.J.W. Chk'd J.W. Sheet 2 Of 2
E
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
Canyon Fairway Community Association
PO Box 4708
Irvine, CA 92618
0
Space above this line for Recorder's use only.
AMENDED AND RESTATED EASEMENT
This Amended and Restated Easement (this "Amendment ") is entered into as of
April _, 2006 ( "Effective Date ") by and between Big Canyon Country Club, a
California non - profit mutual benefit corporation ( "Grantor") and the Canyon Fairway
Community Association, a California corporation ( "Grantee ") with reference to the
following facts.
A. On May 8, 1984, an easement identified as Document No. 84- 190109 of
the Official Records of Orange County, California, executed by Grantor in favor of the
Irvine Company was recorded ( "Easement ").
B. Grantor is the owner of the fee interest in the property which the
Easement encumbers (the "Property ").
C. Grantee is the successor in interest to the rights of the Irvine Company in
the Easement.
D. Grantee and Grantor now desire to enter into this Amendment to amend
and restate the legal descriptions of that portion of the Property burdened by the
Easement.
NOW, THEREFORE, for valuable consideration, receipt of which is hereby
acknowledged, the parties agree as follows:
1. Amendment and Restatement of Easement. The legal description of
that portion of the Property burdened by the Easement shall be replaced with the legal
description set forth in Exhibit 1 attached hereto and incorporated herein by this
reference. Exhibit A to the Easement shall be replaced with the sketch to accompany
the new legal description which is attached hereto as Exhibit 2 and incorporated herein
by this reference.
2. Terms of Easement: Except as expressly modified herein, all other
provisions, terms, and covenants set forth in the Easement and exhibits attached
thereto shall remain unchanged and shall be in full force and effect.
(SIGNATURES ON FOLLOWING PAGE(
1
EXHIBIT D
0
r
GRANTEE:
CANYON FAIRWAY COMMUNITY
ASSOCIATION
By:
Name:
Title:
By:
Name:
Title:
GRANTOR
BIG CANYON COUNTRY CLUB
MA
Name:
Title:
By:
Name:
Title:
[END SIGNATURES]
2
0
STATE OF CALIFORNIA
COUNTY OF ORANGE
On _
appeared
} ss:
2006, before me
0
personally
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 has executed the same in his/herltheir 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 acted,
executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
On 2006, before me
(This area for official notarial seal)
personally
appeared personally 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 has 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 acted,
executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(This area for official notarial seal)
3
THOSE PORTIONS OF BLOCKS 55, 56, 92 AND 93 OF IRVINE'S SUBDIVISION, IN THE CITY OF
NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN
BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1:
A STRIP OF LAND 38.00 FEET IN WIDTH, THE NORTHERLY LINE OF WHICH IS DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEASTERLY TERMINUS OF THE 129TH COURSE OF PARCEL 2
OF THE DEED FROM THE IRVINE COMPANY TO BIG CANYON COUNTRY CLUB, RECORDED
DECEMBER 30, 1974, IN BOOK 11314, PAGE 857 OF OFFICIAL RECORDS OF SAID COUNTY;
THENCE ALONG SAID COURSE, NORTH 12 °04'45" WEST 9.48 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 60'11'00" EAST 62.81 FEET TO A POINT HEREON REFERRED TO
AS POINT `A'; THENCE CONTINUING NORTH 60'11'00" EAST 18.00 FEET TO A POINT HEREON
REFERRED TO AS POINT'B', SAID POINT ALSO BEING THE POINT OF TERMINATION.
PARCEL 2:
A STRIP OF LAND 15.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT SAID POINT 'A'; THENCE NORTH 15'00'51" EAST 187.67 FEET TO THE POINT
OF TERMINATION.
PARCEL 3:
A STRIP OF LAND 19.00 FEET IN WIDTH, THE NORTHERLY LINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT SAID POINT `B'; THENCE NORTH 60 °11'00" EAST 181.69 FEET TO THE POINT
OF TERMINATION.
AS SHOWN ON EXHIBIT "2" ATTACHED HERETO AND MADE A PART
HEREOF.
WWSSOC &
SOCIATES
Civil Engineers — Land Surveyors - Planners
2552 White Road, Suite B
Irvine, CA 92614 -6236
949 - 660 -0110 Fax:949- 660 -0418
Eq. 12 -31 -01
EXHIBIT "1"
LEGAL DESCRIPTION
TO ACCOMPANY A SKETCH
W.O. No. 1140- 369 -001 Date: 04/13/2006
Engr.B.JW. Chk'd. J.W. Sheet 1 of 1
A
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5 1 PARCEL 5' SEWER EASEMENT '00? ,�N
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TRUE POINT PARCEL 3 OF BEGINNING .5 �� Y POINT 'B' 19' SEWER EASEMENT
POINT 'A'
POINT OF t �� "�y PARCEL 1
COMMENCEMENT '00 38' SEWER EASEMENT
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12 -31 -07
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SSOCIATES
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C1VM ENGINEERS - LAND SURVEYORS - PLANNERS
2552 VairM ROAD, SUPfE B •IRVM, CA 92614 -6236
(949) 660 -0110 FAX: 660-0419
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moo,
LINE TABLE
LINE
BEARING
DISTANCE
L1
N 60'11'00" E
62.81'
L2
N 15'00'51" W
187.67'
L3
N 60'11'00" E
18.00'
L4
N 60'11'00" E
181.69'
0
0
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N 9
EXHIBIT "2"
SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
1701
W.O. No. 1140 -369 -001 Date 04/10/06
Engr. B.J.W. Chk'd J.W. Sheet 1 Of 1
0
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
Big Canyon Country Club
One Big Canyon Drive
Newport Beach, CA 92660
Attn: General Manager
Space above this line for Recorder's use only.
QUITCLAIM DEED AND PARTIAL TERMINATION OF EASEMENT
This Quitclaim Deed and Partial Termination of Easement (this "Quitclaim ") is
effective as of , 2006 ( "Effective Date ") and is made with
reference to the following facts.
A. On May 6, 1971, in Book 9631, Pages 492 through 497, of the Official
Records of Orange County, Califomia, an easement executed by the Irvine Company in
favor of the City of Newport Beach, a municipal corporation ( "City "), was recorded
( "Easement').
B. The City now desires to quitclaim to Big Canyon Country Club, a California
mutual benefit non - profit corporation ( "BCCC "), a portion of the Easement.
NOW, THEREFORE, for valuable consideration, receipt of which is hereby
acknowledged, the City does hereby quitclaim to the BCCC that portion of the
Easement as described in Exhibit "A" and delineated on Exhibit "B," both of which
exhibits are attached hereto and incorporated herein by this reference. The remaining
portion of the Easement not quitclaimed to the BCCC shall remain unchanged and shall
be in full force and effect.
APPROVED AS TO FORM THE CITY OF NEWPORT BEACH
By: " ( . By:
Aaron C. Harp, '
Assistant City Attorney
For the City of Newport Beach
ATTEST
By:
LaVonne Harkless, City Clerk
For the City of Newport Beach
Don Webb, Mayor
For the City of Newport Beach
MIBIT E
• •
STATE OF CALIFORNIA
ss:
COUNTY OF ORANGE
On 2006, before me, personally appeared _
personally 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
has 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 acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA
COUNTY OF ORANGE
On
ss:
2006, before me,
(This area for official notarial seal)
personally appeared _
personally 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 /shelthey
has 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 acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(This area for official notarial seal)
EXHIBIT "A"
BEING A PORTION OF BLOCKS 56 AND 92 OF IRVINE'S SUBDIVISION, IN THE CITY OF
NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN
BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF A STRIP OF LAND 10.00 FEET IN WIDTH, SHOWN AS "PARCEL 1" IN THE
DOCUMENT RECORDED MAY 6, 1971 IN BOOK 9631, PAGE 492 OF OFFICIAL RECORDS IN
SAID COUNTY. LYING SOUTHERLY OF BIG CANYON DRIVE AND HAVING THE FOLLOWING
TWO COURSES, SOUTH 05 °15'20" WEST, 299.93 FEET AND SOUTH 50 °37'09" WEST, 15.00
FEET.
WWSOC &
S S 0 CIATES
Civil Engineers — Land Surveyors - Planners
2552 White Road, Suite B
Irvine, CA 92614 -6236
949 - 660 -0110 Fax: 949-660-0418
MIT LQC
EXHIBIT "A"
LEGAL DESCRIPTION
W.O. No. 1140 - 369 -001 Date: 04/04/2006
Engr.B.JW. Chk'd. J.W. Sheet 1 of 1
0
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W
J
V
EXHIBIT "B"
ESMT I
A�LDEN & EXHIBIT "B"
SSOCIATES SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS
2552 WHITE ROAD, SUITEB- aVINE,CA92614 -6236 W.O. No. 1140- 369 -001 Date 04/03/06
(949) 660 -0110 FAX: 660 -0418 Enqr. B.J.W. Chk'd J.W. Sheet I Of 2
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY
INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER
PRIORITY THAN THE LIEN OF SOME OTHER OR LATER EASEMENT.
This agreement, made as of the day of
2006, by Big Canyon Country Club, a California non - profit mutual benefit corporation,
owner of the land hereinafter described and hereinafter referred to as "OWNER ", and La
Jolla Bank, FSB present holder of two deeds of trust and hereafter described and
hereinafter referred to the "MORTGAGEE ".
THAT WHEREAS, OWNER, did execute two deeds of trust, each dated June 22, 2005
encumbering that certain real property described in Exhibit 1 attached hereto and by this
reference incorporated herein to secure two notes in the amount of $$21,000,000 and
$5,000,000 respectively in favor of MORTGAGEE, which deeds of trust were recorded
on June 29, 2006 as Document Nos. 2005 - 000505149 and 2005 - 000505151 in the
Official Records of Orange County, Ca; and
WHEREAS, the property is subject to that certain Grant of Easement made by the Irvine
Company to County Sanitation District No. 5 of Orange County, California recorded on
November 14, 1969 in Book 9137 pages 952 through 956 official records of Orange
County, California (the "Old OCSD Easement ");
WHEREAS, OWNER has executed, or is about to execute, a Grant of Easement, Right of
Entry, Maintenance and indemnity Agreement of even date herewith, and to which this
Subordination Agreement is attached, to replace the Old OCSD Easement with a new and
realigned easement, hereinafter referred to as "REPLACEMENT EASEMENT", with the
Orange County Sanitation District hereinafter referred to as "OCSD ", subject to the terms
and conditions described therein, which REPLACEMENT EASEMENT is to be recorded
concurrently herewith; and
WHEREAS, it is a condition precedent to obtaining said REPLACEMENT EASEMENT
that said REPLACEMENT EASEMENT above mentioned shall unconditionally be and
remain at all times an encumbrance, interest or charge upon the land hereinbefore
described, prior and superior to the lien or charge of the deed of trust first above
mentioned; and
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties
hereto and other valuable consideration, the receipt and sufficiency of which
consideration is hereby acknowledged, and in order to induce OCSD to consent to the
REPLACEMENT EASEMENT and to quitclaim the Old OCSD Easement, it is hereby
declared, understood and agreed as follows:
Exhibit G
216546.1
n
L J
0
(1) That said REPLACEMENT EASTEMENT in favor of OCSD shall
unconditionally be and at all times remain an encumbrance, lien and charge on the
property therein described, prior and superior to the lien or charge of the deed of trust
first above described.
(2) That OCSD would not consent to the REPLACEMENT EASEMENT nor
quitclaim its Old OCSD Easement without this SUBORDINATION AGREEMENT.
(3) That this Subordination Agreement shall be the whole and only agreement with
regard to the subordination of the lien or charge of the deed of trust first above
mentioned to the REPLACEMENT EASEMENT in favor of the OCSD above referred
to and shall supersede and cancel, but only insofar as would affect the priority between
the easement and deed of trust hereinbefore specifically described, any prior agreement
as to such subordination including, but not limited, those provisions, if any, contained in
the deed of trust first above mentioned, which provide for the subordination of the lien or
charge thereof to another deed or deeds of trust. This Subordination Agreement shall be
attached to the Replacement Easement and recorded as a part thereof.
BIG CANYON COUNTRY CLUB
0
Thomas Foster, President
M
Its:
LA JOLLA BANK, FSB
Its:
716548.7
r'I
L-A
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On
ss:
2006, before me,
Ll
personally
appeared personally 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 has 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 acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA )
) ss:
COUNTY OF SAN DIEGO )
On 2006, before me,
(This area for official notarial seal)
personally
appeared personally 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 has 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 acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(This area for official notarial seal)
STATE OF CALIFORNIA )
) ss:
COUNTY OF SAN DIEGO )
On 2006, before me, personally
appeared personally 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 has 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 acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(This area for official notarial seal)
STATE OF CALIFORNIA )
) ss:
COUNTY OF SAN DIEGO )
On 2006, before me, personally
appeared personally 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 has 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 acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said
(This area for official notarial seal)