Loading...
HomeMy WebLinkAbout08 - Buffalo Hills Park MaintenanceFebruary 22, 2000 CITY COUNCIL AGENDA ITEM NO. s TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: JOINT USE AND MAINTENANCE AGREEMENT BETWEEN THE HARBOR VIEW COMMUNITY ASSOCIATION AND THE CITY OF NEWPORT BEACH FOR MAINTENANCE OF A PORTION OF BUFFALO HILLS PARK ADJACENT TO 1854 PORT WESTBOURNE (PARCELS 1 AND 2 OF LOT LINE ADJUSTMENT NO. 98 -02, AND RECORDED AS DOCUMENT NO. 19990759637 IN THE OFFICE OF THE ORANGE COUNTY RECORDER) RECOMMENDATIONS: 1. Approve an Agreement for Joint Use and Maintenance of a portion of Buffalo Hills Park adjacent to 1854 Port Westbourne for maintenance of improvements around the Harbor View Community Association's recreation facility. 2. Authorize the Mayor and City Clerk to execute the agreement. 3. Authorize and direct the City Clerk to have the agreement recorded with the Orange County Recorder. DISCUSSION: On November 24, 1997, the City Council approved a request from the Harbor View Community Association (Association) for expansion of their community pool facilities. As a part of the expansion, the City and the Association traded approximately 6,400 square feet of land between the Buffalo Hills Park parcel and the adjacent Association pool /recreation parcel. The land trade was accomplished with a lot line adjustment. In conjunction with the Association's expansion of the pool area, a Joint Use and Maintenance Agreement was prepared detailing responsibilities for the maintenance of landscaping in the Association's recreation parcel, as well as in the City's park parcel (adjacent to the recreation parcel). Subject: Joint Use and Maintenance Agreement Between the Harbor View Community Association and the City of Newport Beach for Maintenance of a Portion of Buffalo Hills Park February 22, 2000 Page 2 The Association will be responsible for maintenance of all non -turf landscaping and irrigation systems within the recreation parcel and the City's park parcel as shown in Exhibit "A" and described in Exhibit "B ". The Association will also be responsible for construction and maintenance of the decorative concrete deck, shade structure, and barbecues located in the northeasterly corner of the recreation parcel (outside the pool perimeter fence). The City will be responsible for maintenance of the turf area and irrigation system within the recreation parcel, as described in Exhibit "B ". Maintenance responsibilities for Harbor View Community Association and the City of Newport Beach are outlined in the attached Joint Use and Maintenance Agreement and Declaration of Covenants between Landowners (Exhibit "B "). Respectfully, (;D— t ;I Don Webb Public Works Director By:-/, y: a Richard L.Aoffstadt, P.E. Attachments: Exhibit "A" — Association's Recreation Parcel Exhibit "B" — Joint Use and Maintenance Agreement and Declaration of Covenants between Landowners. F:\ Users \PBW\ Shared \COUNCIL \Fy99 -00 \February-22 \Buffalo Hills Agmt.doc Ly G co y uj aly� yip 0►--3* pzL 0ga 5 caa9 as zoo N a xs 8 ma� Z O '�aR � W �oo � m U Fi. O z z W N h L" O C N W J UJ a-j O y Y U. � a xca. m 2 J W W uj z Z d CC :3 . d I C13 W Zt d a� d LL m ao SFr ILI djyuauMp V AN d }}z-. W LLa. O d J Z W a i c ) F i d OJ F. d b N E �s O' O Y 3 a •- S �J Z b.. w =m c q a a T4 = d � o m v t o �v E ma E 00 rx d }}z-. W LLa. O d J Z W a i c ) F i d OJ d mQ E �s a 4 3 a •- S �J Z w =m W tc W T4 = d � o a N t �v E u. to E 00 rx d }}z-. W LLa. O d J Z W a i c ) F i d OJ Ut ,f 0 z = g LU o$ 0 z z ch Lug i �a00g EXHIBIT "A" O1 O z µa O C N W J Z W U OC F a � �o a QS z s C a� sm� O ZQ W Z J � � a W (A LLJ 00 O O 2 r 0 41 r - U I m O � W �3 l I aQ IU. U.W �O l- a 4 REENBELT CONNECTION r w =m tc W C.1 N ui O � 2 Ut ,f 0 z = g LU o$ 0 z z ch Lug i �a00g EXHIBIT "A" O1 O z µa O C N W J Z W U OC F a � �o a QS z s C a� sm� O ZQ W Z J � � a W (A LLJ 00 O O 2 r 0 41 r - U I m O � W �3 l I aQ IU. U.W �O l- EXHIBIT "B" 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. JOINT USE AND MAINTENANCE AGREEMENT AND DECLARATION OF COVENANTS BETWEEN LANDOWNERS THIS AGREEMENT is made and entered into this day of 2000, by and between Harbor View Community Association, a California non - profit mutual benefit corporation (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 "). WITNESSETH: WHEREAS, CITY administers certain real property located in the City of Newport Beach, County of Orange, State of California, which property is more particularly described as Parcel 2 of Lot Line Adjustment 98 -02 (hereinafter "CITY PARK "), depicted in Exhibit "A" hereto and by this reference incorporated within; and WHEREAS, ASSOCIATION owns certain real property located at 1854 Port Westbourne Place in the City of Newport Beach, County of Orange, State of California, which real property is more particularly described as Parcel 1 of Lot Line Adjustment 98 -02 (hereinafter "RECREATION PARCEL "), and WHEREAS, ASSOCIATION desires to construct and maintain certain landscape improvements (hereinafter "PERMITTED IMPROVEMENTS ") within certain portions of CITY PARK and RECREATION PARCEL; and WHEREAS. CITY deems said landscaping improvements to be a benefit to CITY; and WHEREAS, parties hereto desire to execute an agreement providing for responsibility of maintenance of landscaping in RECREATION PARCEL and CITY PARK adjacent to RECREATION PARCEL; 1 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 landscaping, irrigation, patio, bike rack and shade structure improvements and appurtenance in RECREATION PARCEL and adjacent CITY PARK as shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. 2. Maintenance responsibility of PERMITTED IMPROVEMENTS shall be as follows: a. ASSOCIATION shall be responsible for installation and maintenance of all non -turf landscape planting and irrigation systems within RECREATION PARCEL and CITY PARK located adjacent to RECREATION PARCEL as shown in Exhibit "A ". b. ASSOCIATION shall be responsible for construction and maintenance of the decorative concrete deck, shade structure and barbecues located outside the pool perimeter fence but located within the northeasterly corner of the RECREATION PARCEL (hereinafter BARBECUE PATIO). ASSOCIATION agrees that the decorative concrete deck, shade structure and barbecues shall be available for use and enjoyment by the general public as an extension of the general public's use and enjoyment of CITY PARK. The PERMITTED IMPROVEMENTS on BARBEQUE PATIO shall be constructed per Building Code and ASSOCIATION shall be responsible for obtaining all necessary Permits. CITY agrees to place, and be responsible for the maintenance of two picnic tables within the BARBECUE PATIO. C. CITY shall be responsible for maintenance of the turf area and irrigation system within RECREATION PARCEL up to the edge of the BARBECUE PATIO and /or the perimeter fence and/ or planter strip. d. ASSOCIATION shall be responsible for maintenance of the turf areas, trees, and irrigation system within that portion of Parcel 2 bounded by the westerly line of Parcel 1, the northerly right -of -way of Port Westbourne Place, the southerly right -of -way of Port Charles Place, and the westerly line of Parcel 2. This portion of Parcel 2 shall hereinafter be referred to as GREENBELT CONNECTION. ASSOCIATION shall also be responsible for maintenance of the turf parkways (including the irrigation system therein) on Port Westbourne Place and Port Charles Place fronting the GREENBELT CONNECTION E e. CITY shall be responsible for maintenance of the existing sidewalk connecting the GREENBELT CONNECTION, excluding the landings in front of the ASSOCIATION clubhouse and the entry to ASSOCIATION pool. f. CITY shall be responsible for maintenance of the turf areas and irrigation system within Parcel 2, excluding the area mentioned in subsection "d" above. 3. 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 CITY PARK as shown in Exhibit "A ", 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. 4. This Agreement is freely terminable by either party at their will upon receipt of written notice of termination sixty (60) days prior to the effective date of termination. 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 CITY PARK, 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. 5. 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. 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. 3 d. That should CITY be required to enter onto said CITY PARK to exercise its primary rights associated with said CITY PARK, 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 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. 6. 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 CITY PARK and remove all or part of the improvements installed by ASSOCIATION. 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. 7. CITY shall indemnify, defend, protect, and hold harmless the Association, its employees, officers, directors and agents from any claims damages, loss and expenses, of every kind and nature whatsoever, arising out of, resulting from, or in any manner directly or indirectly connected with CITY's obligations under this Agreement, 8. ASSOCIATION shall indemnify, defend, protect, and hold harmless the CITY, its employees, officers, directors and agents from any claims damages, loss and expenses, of every kind and nature whatsoever, arising out of, resulting from, or in any manner directly or indirectly connected with ASSOCIATION's obligations under this Agreement, 4 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 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 Agl\buHalo- trills- park -agQ A CITY OF NEWPORT BEACH, a Municipal corporation M Mayor ASSOCIATION: By: pg;z�s Ina NT loMARICELA RODRIGUEZ t Commission # 1734482 Notary Public - California Son Bernardino County r My Cam. HgFesSep 13,20M § § \ a \m/ ce LL)22 \�\ � §■ §§/ 223 5ek §\} LU z0 LLJ $ �$§ LU �cS « ¢ / § W LL '°0 \k }§ o L6 §�I � �k 3«$ 22� }_ z \/ ( | - � k z. k \ B2 k §kREDsLY CONNECTION 'E26 ®uj § )2\ § /20 co /k -- a _mo _z a } \ �cc 33 __ V3AW §2 S� uje2 Lu \�2 -J . [\ m .... _ g ._�\ /!. B � \ // LLJ �S§ �-tc2 §� §§ §§ / - � � LLJ / � a ) §ter //( ilSj : L ( | - z. k §kREDsLY CONNECTION 'E26 )2\ /20 co cc �0 } \ �cc S� uje2 Lu \�2 a2 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California p ss. County of SNv! S V v1 A+�e.f.f_,: On SAr-t, ) l 200a , before me, RL, (A Date Name arW Title of OKCer (e g..'Jane ,Notary Public ) personally appeared Ask — ,d,6 —, Names) of Signer(s) MARICELA RODRIGUrI Commission k 1234482 z ; r Notary Public - California f San Semardino County My Camm.6q =es Sep 13.270:1 impersonally known to me ❑ 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 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(s) acted, executed the instrument. WITNES my hand and official seal. VN.t ��- %W �- _ Place Nola,, Seal Above Signature ofignature ofNotary Public is 0 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Capacity(ies) Claf Signer's Name: Individual ❑ Corporate Officer I tle(s): C Partner — _- Limited a General El Attorney in Fact Trustee Guardian or Conservator Other Signer Signer Is Representing: Number of Pages: ZUClG�/'` Top Of thumb here y '� 1 L c.r ©199] National Notary Assooalion - 9350 De Soto Ave- P.O. Box 242 - Cbmsvvodh. CA 91313-2402 Prod No 5907 Reorder Call Toll -Free 1- 800 - 8766827 10