HomeMy WebLinkAbout13 - Tract 15391 Release of BondsAugust 13, 2002
CITY COUNCIL AGENDA
ITEM NO. 13
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: RELEASE OF BONDS FOR NON - STANDARD IMPROVEMENTS -
TRACT NO. 15391
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
construction and maintenance of non - standard landscape improvements, wrought iron
fence, pilasters, lighting, and appurtenances in the sewer easement in Lot 31
constructed with Tract No. 15391.
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. 15391.
4.. Authorize the City Clerk to release the faithful performance bond for on -site
improvements (Bond No. 5907683).
5. Authorize the City Clerk to release the labor and material bond for on -site
improvements (Bond No. 5907683) in six months provided no claims have been
filed.
DISCUSSION:
Non - Standard improvements were constructed within the private street/public easement
of Tract No. 15391. 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. 15391
August 13, 2002
Page 2
The private improvements constructed in conjunction with Tract No. 15391 include the
construction of curb, gutter, sidewalk, street light, street paving, and storm drain
improvements. These improvements will be maintained by the HOA.
The public improvements constructed in conjunction with Tract No. 15391 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.
Steak;G. Badum
is Works Director
By:
Richard L. 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 fine for Recorder's use only.
ENCROACHMENT AGREEMENT
(Lot 31, Tract 15391)
THIS AGREEMENT is made and entered into this day of i ULY , 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 easement dedicated to
CITY located in Lot No. 31, Tract 15391, as shown on a map recorded in Book 761, Pages 40 through
44 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California;
WITNESS
WHEREAS, Pacific Bay Properties developed Tract No. 15391; and
WHEREAS, Pacific Bay Properties has permitted construction of certain non - standard
improvements (hereinafter "PERMITTED IMPROVEMENTS ") over a sewer easement in Tract No.
15391 Newport Beach, California (hereinafter "EASEMENT') and legally described as a 36 -foot sewer
easement located in Lot No. 31 in Tract 15391 (hereinafter "SUBJECT PROPERTY "), as shown on a
map recorded in Book 761, Pages 40 through 44 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
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
It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a wrought
iron fence, pilasters, landscape lighting, landscape improvements 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;
2
(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
FAUSERS1P6W0HoHstsdMGEnc Agt- Tr15391-Lot 31 -2.dm
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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 JMA 16 2002, before me, Aurora b0r1Z41e2.
personally appeared nmf-s R. wyleeler , personally
known to me ( snce) to be the person(g)
whose name(g) is /ar-e: subscribed to the within instrument and acknowledged to me that
he /sbaAlaey has executed the same in his/be4heir authorized capacity(ies), and that by
his /bo4i4eif signature(w) 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 fcY said State
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a�P� =�* —Ay��- AURORA GON2ALE2 ��
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G(` � , NOTARY PUALIC- CALIFORNIA b�
�� Orange County "°
n. MY Comm. Ezpires Mar.29, 200: �
(This area for official notarial seal)
EXHIBIT `A'
TRACT 15391
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