HomeMy WebLinkAbout10 - Tract 15388 Release of BondsAugust 13, 2002
CITY COUNCIL AGENDA
ITEM NO. 10
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: RELEASE OF BONDS FOR NON- STANDARD IMPROVEMENTS -
TRACT NO. 15388
LOCATION: EASTERLY SIDE OF JAMBOREE ROAD BETWEEN FORD ROAD AND
BISON AVENUE.
DEVELOPER: PACIFIC BAY HOMES, NEWPORT BEACH
RECOMMENDATIONS:
1. Approve an Agreement with One Ford Road Homeowners Association for the
construction and maintenance of non - standard landscape improvements, landscape
lighting, area drains improvements, and appurtenances in a sewer easement in Lot
L and Lot M, and for decorative paving in Lot H (Gleneagles Drive) in Tract No.
15388.
2. Authorize the Mayor and City Clerk to execute the Agreement, and direct the City
Clerk to have the Agreement recorded with the Orange County Recorder.
3. Approve an Agreement with One Ford Road Homeowners Association for
construction and maintenance of non - standard landscape improvements, landscape
lighting, area drains improvements, and appurtenances in a sewer easement in Lot
62 and Lot 63 in Tract No. 15388.
4. Authorize the Mayor and City Clerk to execute the Agreement and direct the City
Clerk to have the Agreement recorded with the Orange County Recorder.
5. Approve the improvement plans and specifications and accept the public
improvements constructed in conjunction with Tract No. 15388.
6. Authorize the City Clerk to release the faithful performance bond for on -site
improvements (Bond No. 5907680).
7. Authorize the City Clerk to release the labor and material bond for on -site
improvements (Bond No. 5907680) in six months provided no claims have been
filed.
SUBJECT: RELEASE OF BONDS FOR NONSTANDARD IMPROVEMENTS - TRACT NO. 15388
Date: August 13, 2002
Page 2
DISCUSSION:
Non - Standard improvements were constructed within the private street/public easement
areas of Tract No. 15388. The non - standard improvements include patterned pavement,
curbs, gutters, sidewalks, guardhouse, gates and appurtenances. This Agreement
permits the construction of the non - standard street improvements as approved by the
Public Works Department and requires that One Ford Road Homeowners Association
(HOA) and their successors in interest be responsible for maintenance and restoration of
the improvements. The Agreement also protects the City from liability associated with the
presence of these non - standard improvements.
The private improvements constructed in conjunction with Tract No. 15388 include the
construction of curb, gutter, sidewalk, streetlight, street paving, and storm drain
improvements. These improvements will be maintained by the HOA.
The public improvements constructed in conjunction with Tract No. 15388 have been
inspected and are satisfactory for acceptance. The public improvements include the
construction of water and sewer improvements. These improvements will be
maintained by the City.
An exhibit is attached showing the non - standard improvements and the location of the
subject project.
ephen G. Badum
Public Works Director
By:
Richard L. - ffstadt, P.E.
Development Engineer
Attachment: Exhibit
Encroachment Agreements
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91
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RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659 -1768
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(Tract 15388, Lot H, Lot L & Lot M)
THIS AGREEMENT is made and entered into this /7 ` day of 2002, by
and between One Ford Road Homeowners Association (hereinafter "ASSOCIATION "), and the City of
Newport Beach, California, a municipal corporation organized and existing under and by virtue of its
Charter and the Constitution and the laws of the State of California, (hereinafter "CITY "), "OWNER" is
the owner of property located over public utility easements in Tract No. 15388, Newport Beach,
California and legally described as Lots "L" and "M" (Sewer Easement) and Lot "H" (Gleneagles Drive)
in Tract 15388, as shown on a map recorded in Book 774, Pages 33 through 39 inclusively of
Miscellaneous Maps in the office of the County Recorder of Orange County, California;
WITNESSETH:
WHEREAS, Pacific Bay Properties developed Tract No. 15388; and
WHEREAS, Pacific Bay Properties has permitted construction of certain non - standard
improvements (hereinafter "PERMITTED IMPROVEMENTS ") over public utility easements in Tract No.
15388 Newport Beach, California (hereinafter "EASEMENT') and legally described as Lots "L" and "M"
(Sewer Easement) and Lot "H" (Gleneagles Drive) in Tract 15388 (hereinafter "SUBJECT
PROPERTY "), as shown on a map recorded in Book 774, Pages 33 through 39 inclusively of
Miscellaneous Maps in the office of the County Recorder of Orange County, California;
WHEREAS, An encroachment agreement is required by the CITY prior to construction of non-
standard improvement within public easements and ASSOCIATION did not obtain approval of required
encroachments and did not notify individual property owners of such requirement; and
WHEREAS, said PERMITTED IMPROVEMENTS may interfere in the future with CITYS ability
to construct, operate, maintain, and replace CITY and other public facilities and improvements within
EASEMENT; and
3
WHEREAS; the parties hereto desire to execute an agreement providing for fulfillment of the
conditions required by CITY to permit construction, reconstruction and maintenance said PERMITTED
IMPROVEMENTS;
NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as
follows:
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as trees,
landscaping, irrigation system, landscape lighting, area drains and appurtenances in Lots "L" and "M"
(Sewer Easement) and PERMITTED IMPROVEMENTS shall be defined as median landscaping in the
street areas, and appurtenances in Lot "H" (Gleneagles Drive) and as shown on EXHIBIT "A" attached
hereto and as approved by the City Engineer.
2. CITY will permit the construct, reconstruct, install, maintain, use, operate, repair and
replace said PERMITTED IMPROVEMENTS and appurtenances incidental thereto, within a portion of
EASEMENT, all in substantial conformance with plans and specifications on file in the CITY
3. ASSOCIATION and CITY further agree as follows:
a. PERMITTED IMPROVEMENTS and appurtenances incidental thereto, shall be
constructed in substantial conformance with plans and specifications on file in the CITY's Public Works
Department, and as described on Exhibit "A" hereto attached.
b. If City or other public facilities or improvements are damaged by the installation or
presence of PERMITTED IMPROVEMENTS, ASSOCIATION shall be responsible for the cost of
repairs.
C. That should CITY be required to enter onto said EASEMENT to exercise its
primary rights associated with said EASEMENT, 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 the PERMITTED IMPROVEMENTS, as required, and in such event:
(i) CITY shall notify owner and ASSOCIATION of its intention to
accomplish such work, if any emergency situation does not exist.
(ii) ASSOCIATION shall be responsible for arranging for any renewal or
restoration of the PERMITTED IMPROVEMENTS affected by such work by CITY;
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(iii) CITY agrees to bear only the cost of any removal of the PERMITTED
IMPROVEMENTS affected by such work by CITY;
(iv) ASSOCIATION agrees to pay all costs for renewal or restoration of the
PERMITTED IMPROVEMENTS.
5. ASSOCIATION shall defend, indemnify, waive, 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 the
PERMITTED IMPROVEMENTS.
6. ASSOCIATION 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
OWNERS' interest in the land whether fee or otherwise, and shall be recorded in the Office of the
County Recorder of Orange County, California.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on
the day and year first above written
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
By:
City Clerk
FAUSERS SWOHoRstadAAGlEnc Agt- Tr15388-Adoc
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CITY OF NEWPORT BEACH,
a Municipal corporation
0
Mayor
ASSOCIATION:
By:
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On 2002, 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 ORANGE )
On 3ut4 Ib, 2002, before me, Aurora Goyleate2
personally appeared lames R. U�Vleeteg personally
known to me ( ) to be the personal
whose name(,$) is /ape subscribed to the within instrument and acknowledged to me that
he /s� has executed the same in his /bo4tkme authorized capacity(.ie5), and that by
his /ha4thLgr'signature(s�) on the instrument the person(,g) or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and fo said tate
19
AURORA GONZALEZ
Comm. #1214388 ,n
NOTARY PUBLIC -CALIFORNIA N
Orange CoumT
My Comm. Expires Mar. 29, 2003
(This area for official notarial seal)
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TRACT 15388
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659 -1768
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(Tract 15388, Lot 62 & Lot 63)
THIS AGREEMENT is made and entered into this 17 ru day of 2002, by
and between One Ford Road Homeowners Association (hereinafter "ASSOCIATION "), and the City of
Newport Beach, California, a municipal corporation organized and existing under and by virtue of its
Charter and the Constitution and the laws of the State of California, (hereinafter "CITY "),
"ASSOCIATION" is entering into an agreement relating encroachments into easements dedicated to
CITY in Tract 15388 as shown on a map recorded in Book 774, Pages 33 through 39 inclusively of
Miscellaneous Maps in the office of the County Recorder of Orange County, California;
WITNESSETH:
WHEREAS, Pacific Bay Properties developed Tract No. 15388; and
WHEREAS, Pacific Bay Properties has permitted construction of certain non - standard
improvements (hereinafter "PERMITTED IMPROVEMENTS ") over a sewer easements in Tract No.
15388 Newport Beach, California (hereinafter "EASEMENT ") and legally described as a 14.5 -foot
sewer easement located in Lot No's. 62 & 63 in Tract 15388 (hereinafter "SUBJECT PROPERTY "), as
shown on a map recorded in Book 774, Pages 33 through 39 inclusively of Miscellaneous Maps in the
office of the County Recorder of Orange County, California; and
WHEREAS, An encroachment agreement is required by the CITY prior to construction of non-
standard improvement within public easements and ASSOCIATION did not obtain approval of required
encroachments and did. not notify individual property owners of such requirement; and
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
EASEMENT; and
1
(iv) ASSOCIATION agrees to pay all costs for renewal or restoration of the
PERMITTED IMPROVEMENTS.
5. ASSOCIATION shall defend, indemnify, waive, 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 the
PERMITTED IMPROVEMENTS.
6. ASSOCIATION 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
OWNERS' interest in the land whether fee or otherwise, and shall be recorded in the Office of the
County Recorder of Orange County, California.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on
the day and year first above written
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
By:
City Clerk
F:WSERSP8W0HofistadAAG\EnC qqt- Tr15388-2.doc
3
CITY OF NEWPORT BEACH,
a Municipal corporation
In
Mayor
ASSOCIATION:
By:
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On 2002, 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 ORANGE )
On 5A t V 2002, before me, Auro y'a 60n24
personally appeared jarneS V_ l,Jheeder
known to me ( )
2
to be the
personally
person(e)
whose name(s) is /ar,- subscribed to the within instrument and acknowledged to me that
he /shaA449y has executed the same in his /heFlt#telf authorized capacity(ies), and that by
his /herltl&if signature(s) on the instrument the person(a) or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
AURORA GONZALEZ eE
7 Comm. X1214381214388 ,�pp
Uf� I` ® NOTARY PUBLIC - CALIFORNIA V�
Notary Public in and for saki State \ Orange County
I" My Comm. Expires Mar. 29, 2003 `8
(This area for official notarial seal)
WHEREAS; the parties hereto desire to execute an agreement providing for fulfillment of the
conditions required by CITY to permit construction, reconstruction and maintenance said PERMITTED
IMPROVEMENTS;
follows:
NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as landscape
improvements, area drains, landscape lighting and appurtenances as shown on EXHIBIT "A" attached
hereto and as approved by the City Engineer.
2. CITY will permit the construct, reconstruct, install, maintain, use, operate, repair and
replace said PERMITTED IMPROVEMENTS and appurtenances incidental thereto, within a portion of
EASEMENT, all in substantial conformance with plans and specifications on file in the CITY
3. ASSOCIATION and CITY further agree as follows:
a. PERMITTED IMPROVEMENTS and appurtenances incidental thereto, shall be
constructed in substantial conformance with plans and specifications on file in the CITY's Public Works
Department, and as described on Exhibit "A" hereto attached.
b. If City or other public facilities or improvements are damaged by the installation or
presence of PERMITTED IMPROVEMENTS, DEVELOPER shall be responsible for the cost of repairs.
C. That should CITY be required to enter onto said EASEMENT to exercise its
primary rights associated with said EASEMENT, 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 the PERMITTED IMPROVEMENTS, as required, and in such event:
(i) CITY shall notify owner and ASSOCIATION of its intention to
accomplish such work, if any emergency situation does not exist.
(ii) ASSOCIATION shall be responsible for arranging for any renewal or
restoration of the PERMITTED IMPROVEMENTS affected by such work by CITY;
(iii) CITY agrees to bear only.the cost of any removal of the PERMITTED
IMPROVEMENTS affected by such work by CITY;
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TRACT 15388 EXHIBIT A