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Home My WebLink About08 - Tract No. 15178August 10, 1998 CITY COUNCIL AGENDA ITEM NO. 8 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: TRACT NO. 15178 LOCATION: Parcel 2 of Parcel Map 136/22 -23 (Resubdivision No. 612), located at 875 San Clemente Drive on the southwesterly corner of San Clemente Drive and Santa Barbara Drive, in Block 800 Planned Community DEVELOPER:Irvine Apartment Communities, L.P., Newport Beach RECOMMENDATIONS: 1. Approve an agreement for construction and maintenance of non - standard improvements within the private entry street with the Irvine Apartment Company, L.P. constructed with Tract No. 15178; authorize the Mayor and City Clerk to execute the Agreement, and; authorize and direct the City Clerk to have the agreement recorded with the Orange County Recorder. 2. Approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Tract No. 15178. 3. Authorize the City Clerk to release the faithful performance bond (Bond No. 16 -51- 74). 4. Authorize the City Clerk to release the labor and material surety (Bond No. 16 -51- 74) in six months provided no claims have been filed. DISCUSSION: Decorative paving (Non - Standard Improvements) was constructed within the private entry road as a part of the Tract 15178 development over the public utility easement containing water, sewer and storm drain improvements. This agreement permits the construction of the non - standard street improvements as approved by the Public Works Department and requires that the Irvine Apartment Communities, L.P. and their successors in interest be responsible for maintenance and restoration of the improvements. The agreement also requires that the Irvine Apartment Communities, L.P. be responsible for maintenance of the private street improvements (curb, gutter and pavement improvements, landscaping and guard gates) and protects the City from liability associated with the presence of these non - standard improvements. SUBJECT: TRACT NO. 15178 August 10, 1998 Page 2 The private improvements constructed in conjunction with Tract No. 15178 include the construction of curb, gutter, sidewalk, street light and street paving improvements on Santa Maria Street and the project entry street (private streets). These improvements will be maintained by the developer. The public improvements constructed in conjunction with Tract No. 15178 have been inspected and are satisfactory for acceptance. The public improvements include the construction of water, sewer and storm drain 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. Respectfully submitted, `{/t/Wl/ Public Works Department Don Webb, Director By: Richard L. Hoffstadt, P.E. Development Engineer Attachment: Encroachment Agreement w /Exhibit f \ groups\ pubworks\ wuncilVy98- 99\augusl10\r- tr15178- ml.doc Id' 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 THIS AGREEMENT is made and entered into this 24 day of July , 1998, by and between Irvine Apartment Communities, L.P. (Richard E. Lamprecht) with a mailing address; 550 Newport Center Drive, Suite 300, Newport Beach, CA. 92660 -7011 (hereinafter "OWNER "), 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 the existing non- standard improvements located within the Colony Plaza (private street, Lot 4) right -of -way constructed within Tract No. 15178, Newport Beach, Recorded in Book 737, Pages 45, 46, and 47 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; W ITNESSETH: WHEREAS, OWNER desires to allow and maintain existing non - standard improvements and construct/maintain non - standard improvements (hereinafter "PERMITTED IMPROVEMENTS ") within Colony Plaza easement/right -of -way (hereinafter "RIGHT -OF- WAY") that is located within Tract No. 15178, as shown on a map recorded in Book 36, Pages 19 and 20, 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 RIGHT -OF -WAY; and WHEREAS; the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to construct, reconstruct and maintain said PERMITTED IMPROVEMENTS; 1 l 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 reinforced concrete decorative /enhance pavement, concrete curbs and gutter, and appurtenances in the Colony Plaza easement/right -of -way as shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. 2. CITY will permit OWNER to construct, reconstruct, install, maintain, use, operate, repair and replace said PERMITTED IMPROVEMENTS and appurtenances incidental thereto, within a portion of RIGHT -OF -WAY, all in substantial conformance with plans and specifications on file in the CITY. CITY will further allow OWNER 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 RIGHT -OF -WAY, 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. OWNER and CITY further agree as follows: a. OWNER 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. OWNER shall maintain the PERMITTED IMPROVEMENTS in accordance with general 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. c. 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. d. That should CITY be required to enter onto said RIGHT -OF -WAY to exercise its primary rights associated with said RIGHT -OF -WAY, including but not limited to, the 2 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 of its intention to accomplish such work, if any emergency situation does not exist. (ii) OWNER 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) OWNER 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 OWNER, CITY may enter upon the 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) 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. OWNER 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. 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 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. 3 APPROVED AS TO FORM: ATTEST: City Attorney City Clerk 4 CITY OF NEWPORT BEACH, a Municipal corporation 13 Mayor OWNER: IRVINE APARTMENT COMMUNITIES, L.P., A Delaware Limited Partnership 4ch�ardE.amprecht Senior Vice President and Irvine Ranch Division President �s STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On " .24 , 1998, before, me, '7je n Qe^ personally agearec) LarnPReCA.: -' known to me whose name(s) &W subscribed to the within instrument and 6R,5ife /t has executed the same in (0i /WtPig1r authorized (h%Ir /t fir signature(s) on the instrument the person(s) or the en person acted, executed the instrument. WITNESS my hand and official seal. , personally ZMe) to be the person(s) acknowledged to me that capacity(ies), and that by :ity upon behalf of which the u 0MMV -C uV0FM iirct, Notary Public in al f r said State (This area for official notarial seal) STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On 1998, 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) F: \Groups/Pubw rkslEneroaehlROW agmtst98M- 246LEYTON- COM.doe 5 , 11ix. e 1 X11 i1 :1 1 11 1 J i 1 TRACT N0. 15178 DECORATIVE PAVING EXHIBIT COLONY PLAZA (PRIVATE STREET) EASEMENT FOR e�'ST [t6c1 PUBLIC EMERGENCY AND SECURITY INGRESS AND EGRESS AND PUBLIC UTILITY PURPOSES TO THE CITY OF NEWPORT BEACH. 1 , T .? Y: Lr 1 '\• \/\ `. - .fin .�g 10 � COLONY PLAZA z 1 1�r TC�D CF 17 0: E n W m ° V, (PRIVATE) ji EX. r 55.96 m ,, ¢ /vV a' 'p 16&-26 FS 4' 160.52 F 1 9.10 TC H.P 169. S TC Sm�ITlCl�,1RE 160.60 FS I I 160.65 fS 168.75 is 160.00 7C 166.25 f5 16 &-50 S r „A REINFORCE CONCRETE ENHANCE PAVEMENT IN PRIVATE STREET — t5F5 y{ m V 18 nn �_ + �� W 2m m p: z LOT 4 '1 1 O t+�V�W 19r�r,usi _m • OW a Zh V 1 , T .? Y: Lr 1 '\• \/\ `. - .fin .�g 10 � COLONY PLAZA z 1 1�r TC�D CF 17 0: E n W m ° V, (PRIVATE) ji EX. r 55.96 m ,, ¢ /vV a' 'p 16&-26 FS 4' 160.52 F 1 9.10 TC H.P 169. S TC Sm�ITlCl�,1RE 160.60 FS I I 160.65 fS 168.75 is 160.00 7C 166.25 f5 16 &-50 S r „A July 20, 1998 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 6443311 Richard E. Lamprecht Irvine Apartment Communities, L.P. 550 Newport Center Drive, Suite 300 Newport Beach, CA. 92660 -7011 SUBJECT: Non - Standard Improvements in Easement/Street Dear Mr. Lamprecht: Attached is an Encroachment Agreement that must be executed prior to the acceptance of Tract 15178, to allow the non - standard improvements ( "Reinforced Concrete Decorative Paving ") in the easement/street right -of -way. Please execute both copies of the attached Non - Standard Encroachment Agreement (attached) using a notary and return them to my attention for processing. Do not enter the date on page no. 1. If you have any questions or need additional information, please feel free to call me at (714) 644 -3334. Very truly yours, Gilbert Wong Project Engineer F:\USERNWP51\GILBERT\EPNCOLONY-FIB.DOC 3300 Newport Boulevard, Newport Beach A