HomeMy WebLinkAbout11 - Use Permit No. 3612November 23, 1998
CITY COUNCIL AGENDA
ITEM NO. 11
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: USE PERMIT NO. 3612
LOCATION: 3100 West Coast Highway
DEVELOPER: T.L.A., Inc.
RECOMMENDATIONS:
1. Approve the improvement plans and specifications and accept the public improvements
constructed in conjunction with Use Permit No. 3612.
2. Authorize the City Clerk to release the faithful performance bond (Certificate of Deposit No.
2084 7800).
3. Authorize the city clerk to release the labor and material bond (Certificate of Deposit No.
2084 7800) in six months, provided no claims have been filed.
DISCUSSION:
The public improvements constructed in conjunction with Use Permit No. 3612 have
been inspected and are satisfactory for acceptance. An exhibit is attached for
reference.
These public improvements include the construction of frontage improvements (curbs,
gutters, sidewalk, pavement and retaining wall improvements) across the Avon Street
frontage. These improvements will be maintained by the City.
D bU" s bmitted,
b
Public Works Director
By:
Richard L. offstadt, P.E.
Development Engineer
Attachments: Site Plan of Development
Use Permit Agreement
\ \MIS_1 \SYS\ Users \PBW\Shared \COUNCIL \FY98 -99 \Nov -23 \Use Permit 3612.doc
r
e _ • o,
ME
0
I
i
41
AGREEMENT
I
FOR
CONSTRUCTION OF IMPROVEMENTS
(USE PERMIT NO. ,3k )
THIS AGREEMENT, made and entered
199 B , by and between Z�
if an individual, whose res
this _ � day of
and
, hereinafter referred to
as " PERMITTEE" and the CITY OF NEWPORT BEACH, 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 referred to as "CITY ";
WITNESSETH:
WHEREAS, PERMITTEE has applied for a use permit for the use
and /or development of land within the City of Newport Beach to be
known as Use Permit No. 3411 (hereinafter the "Use Permit ")
pursuant to provisions of the CITY's ordinances and regulations;
and
WHEREAS, Use Permit has been approved, subject to certain
requirements and conditions of approval, which are incorporated
into this Agreement by reference ( "Conditions of Approval "); and
WHEREAS, in consideration of approval of the Use Permit by the
CITY and in compliance with the conditions of approval, PERMITTEE
desires to enter into this Agreement, whereby PERMITTEE promises to
install and complete, at PERMITTEE'S own expense, street and other
public improvement work required by CITY in connection with the
proposed development, (the "Improvements ") which Improvements,
without limitation by enumeration consists of:
The above description of items is understood to be only a general
description of the Improvements, and not a binding description.
PERMITTEE has secured this Agreement by improvement security
required by City Ordinance; and
WHEREAS, complete plans for the construction, installation and
completion of the Improvements shall be prepared by PERMITTEE and
approved by the City Engineer, (the "Improvement Plans ") . All
references in this Agreement to the Improvement Plans shall include
reference to any specifications for the Improvements as approved by
the City Engineer; and
WHEREAS, PERMITTEE recognizes that by approval of the Use
Permit CITY has conferred substantial rights upon PERMITTEE. As a
result, CITY will be damaged to the extent of the cost of
installation of the Improvements by PERMITTEE's failure to perform
its obligations under this Agreement, including, but not limited
to, PERMITTEE's obligation to commence construction of the
Improvements by the time established in this Agreement. CITY shall
be entitled to all remedies available to it pursuant to this
Agreement and law ; and
NOW, THEREFORE, in consideration of their mutual promises, the
Parties hereto agree as follows:
1. PERMITTEE agrees to comply with all requirements of
the Conditions of Approval.
2. PERMITTEE agrees to complete all Improvements in
accordance with Improvement Plans approved by the City Engineer,
including all improvements required by the Municipal Code which
'h
were not specifically waived by the Planning Commission or City
Council approving the Use Permit, plus any additional improvements
required by the Planning Commission or City Council as a condition
of approving the Use Permit. PERMITTEE shall acquire and dedicate,
or pay the cost of acquisition by CITY, of all rights -of -way,
easements and other interests in real property for construction or
installation of the public improvements, free and clear of all
liens and encumbrances. The PERMITTEE's obligations with regard to
acquisition by CITY of offsite rights -of -way, easements and other
interests in real property shall be subject to a separate agreement
between PERMITTEE and CITY. PERMITTEE shall also be responsible
for obtaining any public or private drainage easements or
authorization to accommodate the development.
3. PERMITTEE agrees to complete the Improvements within
a period of aq months from the date hereof, unless the time is
extended by the CITY upon written application of the PERMITTEE. It
is understood that by providing security for this Agreement, the
surety consents in advance to any extension of time as may be given
by the CITY to the PERMITTEE and waives notices of such extension.
The making of an application for an extension of time by the
PERMITTEE shall, upon the granting of the application by the CITY,
constitute a waiver by the PERMITTEE and by the surety of all
defenses of laches, estoppel, statutes of limitations, and other
limitations of action in any action or proceeding filed by the CITY
within the period of four (4) years immediately following the date
to which the time of performance was extended.
4. The Improvements shall be completed to the
satisfaction of the City Engineer of CITY, and PERMITTEE shall pay
the costs of inspection of the work in accordance with the
established schedule of charges for inspection heretofore adopted
and on file in the office of the City Engineer.
5. If PERMITTEE shall fail to complete the Improvements
within the period set out above, or fails to reimburse the CITY for
the cost of inspection, CITY may resort to any security deposited
by PERMITTEE or call upon the surety for PERMITTEE to pay for the
Improvements or to supply the money for the completion of the
Improvements in accordance with this Agreement and the provisions
of the Newport Beach Municipal Code. PERMITTEE shall also be
responsible for the Improvements and the cost thereof.
6. It is further understood and agreed that upon
default of any obligation hereunder, and at any time any such
default, the CITY may make written demand upon the PERMITTEE or
surety or both to immediately remedy the default or complete the
work. If the remedial activities or completion of work are not
commenced within seven (7) days after such demand is made and are
not thereafter diligently prosecuted to completion and fully
completed within thirty (30) days after the making of such demand
(or such other time as may be contained in said demand), the CITY
may then complete or arrange for completion of all remaining work
or conduct such remedial activity as in the sole judgment of the
CITY may be required, all at the full expense and obligation of the
PERMITTEE and PERMITTEE's surety and all without the necessity of
giving any further notice to the PERMITTEE or surety before the
CITY performs or arranges for performance of any remaining work to
complete the Improvements, and whether the PERMITTEE or surety have
constructed any of the required Improvements at the time. In the
event the CITY elects to complete or arrange for completion of
remaining work and improvements the City Engineer, upon such
election, may require all work by the PERMITTEE or surety to cease
in order to permit adequate coordination by the CITY for completing
any remaining work and improvements not yet completed.
7. PERMITTEE shall at all times guarantee PERMITTEE's
performance of this agreement by furnishing to CITY security in the
amount of TWPn #ano, _rA5u4ar cC dollars ($ at 000. pO ) to
guarantee the p rformance of this Agreement. The PE ITTEE shall
provide security in the amount of Tt./enfv fJjge T%ds <.z..d
dollars ($ oo ) to guarantee paytent to any contractors,
subcontractor d, and persons furnishing labor, materials and
equipment to them for the performance of the work herein described.
Said security shall be in the form of L'.'O r
(Bond Nos. /Certificate of Deposit No's. 206tt opcc t aai,[ »di ) .
R,
r
8. The PERMITTEE promises and agrees to maintain all of
the Improvements to be constructed under this Agreement in a state
of good repair, until all of the work and Improvements are
completed and accepted by or on behalf of the CITY and until the
security for the performance of this Agreement is released.
Maintenance of the Improvements shall include, but shall not be
limited to, repair of pavement, curbs, gutters, sidewalks,
parkways, sewers, and removal of debris from sewers and storm
drains; and shall also include, but not be limited to by this
enumeration, sweeping, repairing and maintaining in good and safe
condition all streets and street improvements. Upon failure of the
PERMITTEE to properly maintain the Improvements, the CITY may do
all necessary work required by this paragraph, the cost thereof
being chargeable to the PERMITTEE and his surety under this
Agreement.
9. The securities required by this Agreement shall be
released as follows:
a. Security given for faithful performance of any
act, obligation, work or agreement shall be released upon the final
completion and acceptance of the act or work.
b. Security given to secure payment to the
contractors, his or her subcontractors and to persons furnishing
labor, materials or equipment shall, six months after the
completion and acceptance of the work, be reduced to an amount
equal to the total claimed by all claimants for whom liens have
been filed and of which notice has been given to the legislative
body, plus an amount reasonably determined by the City Engineer to
be required to assure the performance of any other obligations
secured by the Security. The balance of the security shall be
released upon the settlement of all claims and obligations for
which the security was given.
10. Neither PERMITTEE nor any of PERMITTEE's agents or
contractors are or shall be considered to be agents of the CITY in
connection with the performance of PERMITTEE's obligations under
this Agreement.
11. Indemnity /Hold Harmless. CITY or any officer or
employee thereof shall not be liable for any injury to persons or
property occasioned by reason of the acts or omissions of
PERMITTEE, its agents or employees in the performance of this
Agreement. PERMITTEE further agrees to protect, defend, indemnify
and hold harmless CITY, its officials and employees from any and
all claims, demands, causes of action, liability or loss of any
sort, because of, or arising out of, the negligent or intentional
acts or omissions of PERMITTEE, its agents or employees in the
performance of this Agreement, including all claims, demands,
causes of action, liability, or loss because of, or arising out of,
in whole or in part, the design or construction of the
Improvements. This indemnification and agreement to hold harmless
shall extend to injuries to persons and damages or taking of
property resulting from the design or construction of said
development, and the public improvements as provided herein, and in
addition, to adjacent property owners as a consequence of the
diversion of waters from the design or construction of public
drainage systems, streets and other public improvements.
Acceptance by the CITY of the Improvements shall not constitute an
assumption by the CITY of any responsibility for any damage or
taking covered by this paragraph.
12. CITY shall not be responsible for the design or
construction of the development or the Improvements pursuant to the
approved improvement plans or map, regardless of any negligent
action or inaction taken by the CITY in approving the plans or map,
unless the particular improvement design was specifically required
by CITY over written objection by PERMITTEE submitted to the City
Engineer before approval of the particular improvement design,
which objection indicated that the particular improvement design
was dangerous or defective and suggested an alternative safe and
feasible design. After acceptance of the Improvements, the
PERMITTEE shall remain obligated to eliminate any defect in design
or dangerous condition caused by the design or construction defect,
however PERMITTEE shall not be responsible for routine maintenance.
It is the intent of this section that PERMITTEE shall be
3 I
responsible for all liability for design and construction of the
Improvements installed or work done pursuant to this Agreement and
that CITY shall not be liable for any negligence, nonfeasance,
misfeasance and malfeasance in approving, reviewing, checking, or
correcting any plans or specifications or in approving, reviewing
or inspecting any work or construction. The improvement security
shall not be required to cover the provisions of this paragraph.
12. If the PERMITTEE and the surety fail to install all
or any part of the Improvements required by this Agreement within
the time set forth herein, or fail to comply with any other
obligation contained herein, they shall be jointly and severally
liable to the CITY for any administrative expenses and attorney's
fees and costs incurred in obtaining compliance with this Agreement
and any such expenses and fees incurred in processing any action
for damages or for any other remedies permitted by law.
IN WITNESS WHEREOF, PERMITTEE has executed this Agreement and
the CITY OF NEWPORT BEACH has caused its corporate name and seal to
be affixed by its Mayor and City Clerk thereunto duly authorized as
of the day and year first above written.
ATTEST:
1 "I
tVT,rry City Clerk
APPROVE S TO FORM:
C1 y ttorney
UV.AGT
10/8/92
CITY OF NEWPORT BEACH,
a municipal co ati
By:
ayo
PERMITTEE
LOA i/
i
= U. -quo
SEAF/RST BANK
LAt3a2 {,tMNT <•2i4 c. S.�iJ'T�
C e v- t i f i c a t e o f D e p o s i t R e c e i p t
INVESTOR(S): DATL March 31• 1998
By TLA, Inc. Made Payable to
MATURITY
City of Newport Beach, CA DATE _— June-3Qi 1998
TERM OF
INVESTMENT�_MOn
Bank of America National Trust and Savings Association doing business as Seafirst Bank accepts for deposit the sum of
S 29, 000.00 as evidenced by this receipt and will pay the amount of the deposit plus interest to the investor(s),
subject to the terms of the deposit agreement.
Fixed Rate CDs
You have purchased a fixed rate CD. The interest rate on your CD is A,,62—% with an annual percentage yield of _L ,.]Q %. You
will be paid this rate until the maturity date shown above. For those CDs with compound interest, the annual percentage yield assumes
interest remains on deposit until maturity. A withdrawal will reduce earnings.
3 – 12 Month Term (365/365 1366 days in a Icap year] Method)
You may have interest credited to your Seafirst checking or savings account or request that a cashiers check be
mailed to you: ❑ Monthly ❑ Quarterly ❑ At Maturity
If you do not select any of those options, interest will automatically be credited to your CD balance at maturity
[� I – 10 Year Term (365/365 [366 days in a leap year] Method)
You may have interest credited to your Seafirst checking or savings account or request that a cashier s check be
mailed to you: ❑ Monthly ❑ Quarterly
If you do not select either of those options. interest will automatically be credited to your CD balance quarterly.
❑ Jumbo CD: Term 14 Days – 365 Days (365/360 Method)
You may have interest credited to your Seafirst checking or savings account or request that a cashiers check be
mailed to you: [I Monthly ❑ Quarterly ❑ Semt- Annually ❑ At Maturity
If you do not select any of those options, interest will automatically be credited to your CD balance at maturity.
E] Jumbo CD: Term 366 Days – No Maximum (365/360 Method)
SIMPLE INTEREST
You may have interest credited to your Bank checking or savings account or request that a cashier's check be
mailed to you: ❑ Monthly ❑ Quarterly ❑ Semi - Amorally
If you do not select any of those options, interest will automatically be credited to your CD balance semi- annually.
COMPOUND INTEREST
❑ Interest will be credited to your CD Balance semi- annually.
Variable Rate CDs
You have purchased a variable rate CD. The interest rate on your CD is % with an annual percentage yield of %.
The annual percentage yield assumes interest remains on deposit until maturity. A withdrawal will reduce earnings. Your interest rate
and annual percentage yield may change. An explanation of the determination of the interest rate and the frequency of interest rate
changes can be found in the deposit agreement which you will receive with this receipt.
Peak: Term 1 Year (365/365 (366 days in a leap year] Method)
You may have interest credited to your Seafirst checking or savings account or request that a cashier's check be
trailed to you: ❑ Monthly ❑ Quarterly
If you do not select either of those options, interest will automatically be credited to your CD balance quarterly.
Guaranteed Growth: Term 18 Months (365/365 [366 days in a leap year] Method)
You may have interest credited to your Seafirst checking or savings account or request that a cashier's check be
mailed to you: ❑ Monthly ❑ Quarterly
If you do not select either of those options, interest will automatically be credited to your CD balance quarterly.
Interest Crediting Method
EJ Credit to checking account number
Credit to savings account number _
Cashier's check.
Method of Payment
Charge ® Checking 77096803
Savings
signztu
T h a n k y o u f o r i n v e s t i n g w i t h S e a f i r s t
^_ .. � I
C e r t i f i c a t
INVESTOR(S):
By TLA, Inc. Made Payable to
City of Newport Beach, CA
U.
SEAF/RST BANK
e o f D e p o s i t R e c e i p t
ISSUE
DATE 31. 1998
DATE —. —
MATURITY
DATE June 30, 1998
TERM OF
INVESTMENT 3 Months _.
Bank of America National Trust and Savings Association doing business as Seafirst Bank accepts for deposit the sum of
S_29, QOp.40 _ as evidenced by this receipt and will pay the amount of the deposit plus interest to the invcstor(s),
subject to the terms of the deposit agreement.
Fixed Rate CDs
You have purchased a fixed rate CD. The interest rate on your CD is-4-.62--% with an annual percentage yield of 4_,.]_0 — %. You
will be paid this rate until the maturity date shown above. For those CDs with compound interest, the annual percentage yield assumes
interest remains on deposit until maturity. A withdrawal will reduce earnings.
3 — 12 Month Term (365/365 1366 days in a ]cap year] Method)
You may have interest credited to your Seafirst checking or savings account or request that a cashier's check be
mailed to you: ❑ Monthly ❑ Quarterly ❑ At Maturity
If you do not select any of those options, interest will automatically be credited to your CD balance at maturity.
❑ I — 10 Year Term (365/365 [366 days in a leap year] Method)
You may have interest credited to your Seafirst checking or savings account or request that a cashier's check be
mailed m you: ❑ Monthly ❑ Quarterly
If you do not select either of those options, interest will automatically be credited to your CD balance quarterly.
❑ Jumbo CD: Term 14 Days — 365 Days (365/360 Method)
You may have interest credited to your Seafirst checking or savings account or request that a cashier's check be
mailed to you: ❑ Monthly ❑ Quarterly ❑ Semi- Annually ❑ At Maturity
If you do not select any of those options, interest will automatically be credited to your CD balance at maturity.
Jumbo CD: Term 366 Days — No Maximum (365/360 Method)
SIMPLE INTEREST
You may have interest credited to your Bank checking or savings account or request IhaL a cashiers check be
mailed to you: ❑ Monthly ❑ Quarterly ❑ Semi- Annually
If you do not select any of those options, interest will automatically be credited to your CD balance semi - annually.
COMPOUND INTEREST
❑ Interest will be credited to yore CD Balance semi- annually.
Variable Rate CDs
You have purchased a variable rate CD. The interest rate on your CD is -% with an annual percentage yield of %.
The annual percentage yield assumes interest remains on deposit until maturity. A withdrawal will reduce earnings. Your interest rate
and annual percentage yield may change. An explanation of the determination of the interest rate and the frequency of interest rate
changes can be found in the deposit agreement which you will receive with this receipt.
❑ Peak: Term 1 Year (365/365 1366 days in a leap year] Method)
You may have interest credited to your Seafirst checking or savings account or request that a cashier's check be
mailed to you: ❑ Monthly ❑ Quarterly
If you do not select either of those options, interest will automatically be credited to your CD balance quarterly.
❑ Guaranteed Growth: Term 18 Months (365/365 1366 days in a leap year] Method)
You may have interest credited to your Seafirst checking or savings account or request that a cashier's check be
mailed to you: ❑ Monthly ❑ Quarterly
If you do not select either of those options, interest will automatically be credited to your CD balance quarterly.
Interest Crediting Method
rJ Credit to checking account number
F1 Credit to savings account number _
❑ Cashiers check.
Method of Payment
Charge ® Checking 72�Q3__.._
Savings
Signatures IL(
Tltanh you for investing with Seafirst a