HomeMy WebLinkAbout12 - Tract 15390 Release of BondsAugust 13, 2002
CITY COUNCIL AGENDA
ITEM NO. 12
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: RELEASE OF BONDS FOR NON STANDARD IMPROVEMENTS —
TRACT NO. 15390
LOCATION: EASTERLY SIDE OF JAMBOREE ROAD BETWEEN FORD ROAD AND
BISON AVENUE
DEVELOPER: PACIFIC BAY HOMES, NEWPORT BEACH
RECOMMENDATIONS:
1. Approve an Encroachment Agreement with One Ford Road Homeowners Association
for construction and maintenance of non - standard decorative street paving in Tract
No. 15390.
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 the improvement plans and specifications and accept the public
improvements constructed in conjunction with Tract No. 15390.
4. Authorize the City Clerk to release the faithful performance bond for on -site
improvements (Bond No. 5907682).
5. Authorize the City Clerk to release the labor and material bond for on -site
improvements (Bond No. 5907682) in six months provided no claims have been
filed.
DISCUSSION:
Non - Standard improvements were constructed within the private street/public easement
of Tract No. 15390. The non - standard improvements include patterned pavement, curbs,
gutters, sidewalks, and appurtenances. This Agreement permits the construction of the
non - standard street improvements as approved by the Public Works Department and
requires 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.
SUBJECT: RELEASE OF BONDS FOR NON - STANDARD IMPROVEMENTS - TRACT NO. 15390
Date: August 13, 2002
Page 2
The private improvements constructed in conjunction with Tract No. 15390 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. 15390 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 attagoed showing the non - standard improvements and the location of the
subject projec
Badum
Ricllard`C. Hoffstadt, P.E.
Development Engineer
Attachments: Exhibit
Encroachment Agreement
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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.
ENCROACHMENTAGREEMENT
(Tract No. 15390)
THIS AGREEMENT is made and entered into this 0"' day of : VL_ , 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. 15390, Newport Beach,
California and legally described as Lot "B" (Maidstone Drive) and Lot "C" (Thunderbird Drive) all in
Tract 15390, as shown on a map recorded in Book 761, Pages 44 through 47 inclusively of
Miscellaneous Maps in the office of the County Recorder of Orange County, California;
WITNESSETH:
WHEREAS, ASSOCIATION has constructed certain non - standard improvements (hereinafter
"PERMITTED IMPROVEMENTS ") over public utility easements in Tract No. 15390 Newport Beach,
California (hereinafter "EASEMENTS ") and legally described as Lot "B" (Maidstone Drive) and Lot "C"
(Thunderbird Drive) all in Tract 15390 (hereinafter "SUBJECT PROPERTY "), as shown on a map
recorded in Book 761, Pages 44 through 47 inclusively of Miscellaneous Maps in the office of the
County Recorder of Orange County, California; 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
EASEMENTS; and
WHEREAS; the parties hereto desire to execute an agreement providing for fulfillment of the
conditions required by CITY to permit ASSOCIATION to construct, reconstruct and maintain said
PERMITTED IMPROVEMENTS;
follows:
NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as
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1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as decorative
paving in the street areas, and appurtenances in Lot "B" (Longhorn Drive /Maidstone Drive) and in Lot
"C" (Thunderbird Drive) and as shown on EXHIBIT "A" attached hereto and as approved by the City
Engineer.
2. CITY will permit ASSOCIATION to construct, reconstruct, install, maintain, use, operate,
repair and replace said PERMITTED IMPROVEMENTS and appurtenances incidental thereto, within a
portion of EASEMENTS, all in substantial conformance with plans and specifications on file in the
CITY. CITY will further allow ASSOCIATION to take all reasonable measures necessary or convenient
in accomplishing the aforesaid activities.
3. If permitted improvements interfere in the future with CITY's ability to construct, operate,
maintain, and replace CITY and other public facilities and improvements within EASEMENTS, then the
rights granted under this Agreement may be terminated by CITY at any time by giving 60 days' notice,
specifying in said notice the date of termination. CITY shall incur no liability whatsoever in the event of
the termination of this Agreement, or subsequent removal of improvements by CITY.
4. ASSOCIATION and CITY further agree as follows:
a. ASSOCIATION may construct and install PERMITTED IMPROVEMENTS and
appurtenances incidental thereto, in substantial conformance with plans and specifications therefor on
file in the CITY's Public Works Department, and as described on Exhibit "A" hereto attached.
b. ASSOCIATION shall maintain the PERMITTED IMPROVEMENTS in accordance
with general prevailing standards of maintenance, and pay all costs and expenses incurred in doing so.
In addition, any new and existing trees, shrubs, and landscaping that are on the adjacent City property
shall be maintained at the roof line of the existing structures at all times. However, nothing herein shall
be construed to require ASSOCIATION to maintain, replace or repair any CITY -owned pipeline, conduit
or cable located in or under said PERMITTED IMPROVEMENTS, except as otherwise provided herein.
c. 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.
d. That should CITY be required to enter onto said EASEMENTS to exercise its
primary rights associated with said EASEMENTS, including but not limited to, the maintenance,
removal, repair, renewal, replacement or enlargement of existing or future public facilities or
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improvements, CITY may remove portions of the PERMITTED IMPROVEMENTS, as required, and in
such event:
(i) CITY shall notify 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;
(iv) ASSOCIATION agrees to pay all costs for renewal or restoration of the
PERMITTED IMPROVEMENTS.
5. 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 ASSOCIATION, CITY may enter upon the EASEMENTS and
remove all or part of the improvements installed by OWNER. Termination because of breach shall be
upon a minimum of ten (10) days' notice, unless the breach is cured within such 10 day period, with the
notice specifying the date of termination. In the event of litigation commenced with respect to any term
of condition of this Agreement, the prevailing party shall be entitled to reasonable attorneys fees and
costs incurred.
6. 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.
7. ASSOCIATION shall accept the fact that surface drainage water may enter onto the
SUBJECT PROPERTY from EASEMENTS located in the City of Newport Beach, County of Orange,
State of California, as depicted on Exhibit "A" attached hereto, whether naturally or as a result of the
development or improvement of the EASEMENTS.
8. ASSOCIATION shall accept and waive any and all liability for any damages to the
SUBJECT PROPERTY caused by the flow of such surface drainage water onto the SUBJECT
PROPERTY. OWNER shall defend, indemnify, waive and hold harmless CITY, its City Council, boards
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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 to surface drainage water entering the SUBJECT PROPERTY from the
EASEMENTS.
9. 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
ASSOCIATIONS' 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
FAUSERS1PBMDH0FStadMGlEnc Agt- Tr15390 -2.doc
12
CITY OF NEWPORT BEACH,
a Municipal corporation
M
City Manager
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 J u 14 16 2002, before me, t%1( -0'r6- kV On?A %fZ-
personally appeared 34me5 Ro klheet0r- , personally
known to me ( ) to be the person(g)
whose name(g) is /ar& subscribed to the within instrument and acknowledged to me that
he /shaA4ey has executed the same in his /h®4#reir authorized capacity(ies), and that by
his /bafFErt signatureX on the instrument the person(z) or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
aUA4-" bj ?�
Notary Public in and for sai State
5
,�.� AURORA GONZALEZ ` �`
Comm. #1214388
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NUTAAY PUBLIC- CALIfOflNIA
Orange County
My Comm. Expires Mar. 29, 20(13
°es,
(This area for official notarial seal)