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Home My WebLink AboutC-9919-1 - Encroachment Agreement EPN N2022-0528 for 19200 Jamboree Road7/2/25, 10:58 AM Batch 19468094 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Attn: City Clerk's Office City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder $42.00 *$ R 0 0 1 5 6 6 7 9 8 6$ 2025000187628 09:52 am 07/02/25 90 CR-SC06 Al2 11 0.00 0.00 0.00 0.00 30.00 0.00 0.00 0.00 0.00 0.00 ' Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (Encroachment Permit Number N2022-0528) THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this 28th day of April, 2025, by and between The Regents of the University of California, a corporation organized and existing under and by virtue of the Constitution and laws of the State of California ("Owner"), and the City of Newport Beach, a California municipal corporation and charter city, organized and existing under and by virtue of its Charter and the Constitution, and the laws of the State of California ("City"). ` RECITALS WHEREAS, Owner is the vested owner of property located at 19200 Jamboree Road, in the City of Irvine, California and legally described as those portions of blocks 50, 57, 58, 89, 90, 91 and 99 of Irvine's Subdivision, as shown on a map recorded in Book 1, Page 88 Inclusively, of Miscellaneous Maps in the office of the County Recorder of Orange County, County Assessor's Parcel Number 445-072-30 ("Property"); WHEREAS, Owner desires to construct certain non-standard improvements as further described herein ("Permitted Improvements") within the right-of-way (hereinafter "Right -of - Way") that is located adjacent to Property; WHEREAS, the Permitted improvements and Right -of -Way are located within the jurisdictional boundary line of both the City and the City of Irvine as shown on Exhibit A, attached hereto and incorporated herein by reference; WHEREAS, on May 15, 2002, the City and the City of Irvine entered into a cooperative agreement for the Jamboree Road Median Improvements Project ("Project") for the installation of landscape improvements on the Jamboree Road median between Bristol Street and Campus Drive and required the City to maintain the median; WHEREAS, the Permitted Improvements will involve the replacement of a portion of the median along the Project Site; WHEREAS, the Owner shall assume full responsibility to maintain the Permitted Improvements located along the Project Site, as provided herein; https://gs.secure-erds.com/Batch/Confirmation/l9468094 5/6 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Attn: City Clerk's Office City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (Encroachment Permit Number N2022-0528) THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this 28th day of April, 2025, by and between The Regents of the University of California, a corporation organized and existing under and by virtue of the Constitution and laws of the State of California ("Owner"), and the City of Newport Beach, a California municipal corporation and charter city, organized and existing under and by virtue of its Charter and the Constitution, and the laws of the State of California ("City"). RECITALS WHEREAS, Owner is the vested owner of property located at 19200 Jamboree Road, in the City of Irvine, California and legally described as those portions of blocks 50, 57, 58, 89, 90, 91 and 99 of Irvine's Subdivision, as shown on a map recorded in Book 1, Page 88 Inclusively, of Miscellaneous Maps in the office of the County Recorder of Orange County, County Assessor's Parcel Number 445-072-30 ("Property"); WHEREAS, Owner desires to construct certain non-standard improvements as further described herein ("Permitted Improvements") within the right-of-way (hereinafter "Right -of - Way") that is located adjacent to Property; WHEREAS, the Permitted improvements and Right -of -Way are located within the jurisdictional boundary line of both the City and the City of Irvine as shown on Exhibit A, attached hereto and incorporated herein by reference; WHEREAS, on May 15, 2002, the City and the City of Irvine entered into a cooperative agreement for the Jamboree Road Median Improvements Project ("Project") for the installation of landscape improvements on the Jamboree Road median between Bristol Street and Campus Drive and required the City to maintain the median; WHEREAS, the Permitted Improvements will involve the replacement of a portion of the median along the Project Site; WHEREAS, the Owner shall assume full responsibility to maintain the Permitted Improvements located along the Project Site, as provided herein; WHEREAS, said Permitted Improvements may interfere in the future with City's ability to construct, operate, maintain, and replace City and other public facilities and improvements within Right -of -Way; and WHEREAS, the parties hereto desire to enter into this Agreement providing for fulfillment of the conditions required by City to permit Owner to construct and maintain said Permitted Improvements. NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: City and Owner acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 2. It is mutually agreed that Permitted Improvements shall be defined as: a. A thirty foot (30) wide by eighteen foot five inches (18'5") wide emergency vehicle median turnaround constructed of turf block located in the center median of Jamboree Road approximately 632 feet south of the intersection of Jamboree Road and Birch Street as approved by the City's Public Work Director and the City of Irvine and shown on Exhibit A. The City of Newport Beach owns a thirty foot (30') wide by twelve feet one inch (12'1 ") portion of the Right -of -Way subject to this Agreement ("City Right -of -Way"). The City of Irvine owns the remaining thirty foot (30') wide by six feet four inches (64"). b. In addition, if any improvements actually built or installed during the time of construction vary from Permitted Improvements approved herein, such variations or changes must be approved in advance by the City's Public Works Department and City of Irvine and shall be shown on the "As Built" plans. 3. City will permit Owner to construct, reconstruct, install, maintain, use, operate, repair and replace said Permitted Improvements and appurtenances incidental thereto, within City Right -of -Way, if in substantial conformance with the plans and specifications on file in City. City will further allow Owner to take all reasonable measures necessary or convenient in accomplishing the aforesaid activities. 4. Rights granted under this Agreement may be terminated by either party, with or without cause, at any time upon providing the other party with no less than ninety (90) calendar days' advance written notice of termination, specifying the effective date of termination. 5. Owner and City further agree as follows: a. Owner may construct and install Permitted Improvements and appurtenances incidental thereto in City Right -of -Way and in substantial conformance with the plans and specifications on file in City's Public Works Department, and as described on Exhibit A. The Regents of the University of California Encroachment Agreement 2 b. Owner has secured all necessary approvals (e.g. permits, encroachments, etc.) from the City of Irvine to install and maintain the Permitted Improvements. C. Owner shall maintain Permitted Improvements in accordance with generally prevailing standards of maintenance and pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require Owner to maintain, replace or repair any City -owned pipeline, conduit or cable located in or under said Permitted Improvements, except as otherwise provided herein. d. If City or other public facilities or improvements are damaged by the installation or presence of Permitted Improvements, Owner shall be responsible for the cost of repairs and restoration of these public facilities or improvements to their condition at the time of entry into this Agreement. e. Should City be required to enter onto said City Right -of -Way to exercise its primary rights associated with said City Right -of -Way, including but not limited to, the maintenance, removal, repair, renewal, replacement or enlargement of existing or future public facilities or improvements, City may remove portions of Permitted Improvements, as required, and in such event: (i) City shall notify Owner in advance of its intention to accomplish such work, provided that an emergency situation does not exist. (ii) Owner shall be responsible for arranging for any renewal, replacement, or restoration of Permitted Improvements affected by such work by City. (iii) City agrees to bear only the cost of any removal of Permitted Improvements affected by such work by City. (iv) Owner agrees to pay all costs for the renewal, replacement, or restoration of Permitted Improvements. 6. In the event either party breaches any material provision of this Agreement, the other party, at its option may, in addition to the other legal remedies available to it, terminate this Agreement and, in the event the breaching party is Owner, City may enter upon City Right -of -Way and remove all or part of the improvements installed by Owner. Termination because of breach shall be upon a minimum of ten (10) calendar days' notice, with the notice specifying the date of termination. 7. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 8. Owner shall defend, indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damage, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees (when outside attorneys are so utilized), regardless of the merit or outcome of any such claim or suit arising from or in any manner connected with the design, construction, maintenance, or continued existence of Permitted Improvements. The Regents of the University of California Encroachment Agreement 3 9. Owner agrees that this Agreement shall remain in full force and effect from execution thereof; shall run with the land; shall be binding upon the heirs, successors, and assigns of Owner's interest in the land, whether fee or otherwise; and shall be recorded in the Office of the County Recorder of Orange County, California. 10. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, California. 11. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 12. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 13. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 14. Owner shall, at Owner's own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 15. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. [SIGNATURES ON NEXT PAGE] The Regents of the University of California Encroachment Agreement 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: -flz'g /Z6 By: I, MA5,;— �:6' — A44ron C. Harp J ti5 City Attorney ATTEST: Date: 7--1—uLss Interim City Clerk ATTACHMENTS: CITY OF NEWPORT BEACH, a California mpnicipal�corporation Date: x%I / 26 ZS By: Gr . Leung anag er 6 OWNER(S): The Regents of the University of California, a corporation organized and existing under and by virtue of the Constitution and laws of the State of California Date:-3 2S I By Richard L. Coulon, Senior Associate Vice Chancellor Division of Finance & Administration, University of California, Irvine [END OF SIGNATURES] Owners must sign in the presence of notary public Exhibit A — Permitted Improvements Plan as Approved by Public Works The Regents of the University of California Encroachment Agreement 5 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of o /-G-Ali, � f } ss. On ,, v , 20 � before me,�� cam--- �, L--E'e��s,� Notary Public, personally appeared - ��Gn� �- Chu , proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing oaraaraoh is true and correct. WITNESS my hand and official seal. Signature TERESA D. LEWIS { COMM, # 2415404 +n N o NOTARY PUBLIC•CALIFORNIA u1 COUNTY OF ORANGE °+urour° Mr Comm. EXP. 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IIIIIIIIII. z 0 x E-F w E- F F C, � A �+ N Z o w m N 0 W � E A o �$U Z F a V W�7 E H PO c W 0 V C7 OU W U z W W z f/qO 6 V rf CG V CO W �^ FW F VJ !Fi]U W m O m o W M m m o o% �w IFK� c.1 F OW.. O 2y�2yZ.F.7W.W7JJr,�so ]I�EO�. VI�WZI U L�U � vi w w w z uJ ww K U \A J Z ULL O � U c2 0 N D CDCD a o Applications Chamfer No Chamfer Specs Thickness 8cm Size (Nominal) 15 1/2" x 23 1/2" Size (Actual) 400mm x 600mm Stones Per Sq Ft 0.4 Stones Per Pallet 40 Sq Ft Per Pallet 104 Weight Per Piece 57.5 Weight Per Pallet 2,269 Colors Patterns Running Bond 100% Turf Block Exhibit A 4of4 TURF BLOCK r. Stacked Bond 100 % Turf Block Notes: Additional Custom Blends available, please visit our website. Additional finishes can be applied to this paver: Tumbled, Hammer, Grind and Shot Blast. Lead times vary, please contact Acker -Stone for details. Palletized for random patterns. a' 'o J� ACKER—SMMI E AckerStone.com 113296 Temescal Canyon Road, Corona, CA 92883 i 800-258-2353 ❑�