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HomeMy WebLinkAbout20 - Concrete Alley Extension Structure Adjacent to 405 Goldenrod AveJune 26, 2001 CITY COUNCIL AGENDA ITEM NO. 20 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: APPROVE AN AGREEMENT GUARANTEEING COMPLETION OF A CONCRETE ALLEY EXTENSION STRUCTURE ADJACENT TO 405 GOLDENROD AVENUE, CORONA DEL MAR (N2001 -110) DEVELOPER: Eric Welton •uu ►Pti[oP►1 Approve an agreement guaranteeing completion of the alley extension structure approved by City Council on April 10, 2001, and authorize the Mayor and the City Clerk to execute the agreement. DISCUSSION: On April 10, 2001, the City Council conditionally approved Encroachment Permit No. N2001- 110 (see attached staff report). Improvements required with the approval of the encroachment permit included the construction of an alley extension structure to provide access to garages to serve the properties located at 405 and 405 Y2 Goldenrod Avenue. In order to guarantee completion of the public improvements, the developer has executed an appropriate agreement and provided accompanying security in the form of Payment Bond Certificates for Faithful Performance (Serial No. 0719033128) and to guarantee Labor and Material payments (Serial No. 0719033136). The agreement establishes the developer's obligation to complete the public improvement construction. The faithful performance surety and the labor and materials surety are in the amount of $29,000 each, which is 100 percent of the estimated cost of the improvements. An exhipit is attached for reference. Don\�ebb Public Works) Director By: .0 - Richar L. Hoffstadt, P.E. Development Engineer Attachments: Agreement and Certificates City Council Staff Report for April 10, 2001 Exhibit AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS (ENCROACHMENT PERMIT NO. /✓ Zdd / -i /D� THIS AGREEMENT, made and entered into this day of 200 1 , by and /;� 1R V,'9I J2e LL C whose business address is raas-r- ltwv #i v mac. De. t4v+n. (a q2 6 25- , and if an individual, whose residence address is , 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 an encroachment permit for the use and /or development of land within the City of Newport Beach to be known as Encroachment Permit No. )c'e I o (hereinafter "Permit ") pursuant to provisions of the CITY's ordinances and regulations; and WHEREAS, Permit has been approved, subject to certain requirements and conditions of approval, which are incorporated into this Agreement by reference ( "Permit Conditions "); and WHEREAS, in consideration of approval of the 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: An alley extension structure to provide access to garages to serve the properties located at 405 and 405 112 Goldenrod Avenue, Corona del Mar. 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 forthe Improvements as approved by the City Engineer; and WHEREAS, PERMITTEE recognizes that by approval of the 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. I. PEP.i•AITTEE agrees to complete all Improvements in accordance with Improvement Plans : pproved by the City Engineer, including all improvements required by the Municipal Code v,hich were not specifically waived by the Planning Commission or City Council approving the Permit, plus any additional improvements required by the Planning Commission or City Council as a condition of approving the 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. G 3. PERMITTEE agrees to complete the Improvements within a period of � p 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 ofFu)eAAy'A71tieT6j Ax vi, dollars ($z i Sao ) to guarantee the performance of this reement. The PERMITTEE shall provide security in the amount otTvetiTvNrNe- rki�sa.gdollars ($� o guarantee payment to any contractors, subcontractors, 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 (Bond- "JCertificate of Deposit No's. o7r q129313 G! d7l 4c ?317 f ). 4 I . 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 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. 3 13. If the PERMITTEE and the surety fail to install all or any pall 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: City Clerk APPROVED AS TO FORM: City Attorney AG\EP AGT CITY OF NEWPORT BEACH, a municipal corporation 51 IN Mayor Garold B. Adams PERMITTEE / I U2/�% L 4- L By: ii D (,-LHC CW 64w(O, /.Lc qy Et,, C I,JB C.Tev uAM1LG' u( 14em6ea PAYMENT BOND CERTIFICATE Automatic Renewal, Non - Negotiable Certificate Serial Number: 0719033128 Office of Account: HARBOR VIEW OFFICE Account Number: 0719033128 Amount Deposited 529,000.00 On June 11, 2001, Twenty Nine Thousand And 001100 Dollars was deposited for 018 Months by GIB VENTURE, LLC (Depositor) and is payable to CITY OF NEWPORT BEACH on December 11, 2002 (the Maturity Date), upon presentation of this certificate, properly endorsed. This deposit will earn interest at the rate of 03.850% compounded daily using a 365 -day year, for an annual percentage yield of 03.920 %. Interest will be paid to the Depositor Monthly. If this Certificate is not presented for payment on the account's Maturity Date or within 10 days after that date, the deposit will be renewed for a like term at the interest rate in effect on the account's Maturity Date.This Certificate is transferable. If all or any part of this deposit is withdrawn before the account's Maturity Date, the amount withdrawn may be subject to an early withdrawal or compensating fee. EPN- 2001 -110 �•a1. i ��it AUTHORIZED SIGNATURE FORM 03117 -OASIS (F.REV.112001) U- ;'N hNK V iF0R NIA Office Of Account. HARBOR VIEW OFFICE Account Number: 0719033136 PAYMENT BOND CERTIFICATE Automatic Renewal. Non - Negotiable Certificate Serial Number 0719033136 Amount Deposited 529.000.00 On June 11, 2001, Twenty Nine Thousand And 00/100 Dollars was deposited for 018 Months by G/B VENTURE, LLC (Depositor) and is payable to CITY OF NEWPORT BEACH on December 11, 2002 (the Maturity Date), upon presentation of this certificate, properly endorsed. This deposit will earn interest at the rate of 03.850% compounded daily using a 365 -day year, for an annual percentage yield of 03.920 %. Interest will be paid to the Depositor Monthly. If this Certificate is not presented for payment on the account's Maturity Date or within 10 days after that date, the deposit will be renewed for a like term at the interest rate in effect on the account's Maturity Date.This Certificate is transferable. If all or any part of this deposit is withdrawn before the account's Maturity Date, the amount withdrawn may be subject to an early withdrawal or compensating fee. EPN- 2001 -110 AUTHORIZED SIGNATURE FORM 03117 -OASIS (F.REV.1 12001) I I I j I I j N I 16 I I I I I I I I I I I I j EXISTING DUPLEX I 2710 CAROL j I j I I L._.- ._.- ._.- ..._.. r- - - - - - - - - - - -- -- - -- --- j LOT 7 I 407 GOLDENROD J I Q W I � I I j LOT 5 PROPOSED NJ" 405 GOLDENROD EXTENSION PER ENCROACHMENT PERMIT N12000 -254 i CAISSON k CONCRETE CARPORT AREA BEAM BELOW CONCRETE SUB I - - - - - - - - - - - - - - - - - -- 'I 11 �--+ EXISTING STEPS I iIN ALLEY RIGHT OF WAY ALLEY EXTENSION PROPOSED PLAN 111=20' 2720 BAYSIDE GOETZ & ASSOCIATES ARCHITECTURE, PLANNING. ENGINEERING 250 NEWPORT CENTER DRIVE SURE 102 (949) 644-9319 NEWPORT BEACH, CA. 92660 FAX (949) 644 -9317 April 10, 2001 CITY COUNCIL AGENDA ITEM NO. TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: ENCROACHMENT AGREEMENT AND PERMIT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE ALLEY RIGHT -OF -WAY ADJACENT TO 405 & 405'/2 GOLDENROD AVENUE, CORONA DEL MAR (N2001 -110) OWNER: Shelley Nora Walker, Trustee to the Brandt Family Survivor's Trust RECOMMENDATIONS: Approve the Encroachment Permit Application No. 2001 -110 subject to: 1. The execution of an Encroachment Agreement providing for the construction of an alley extension structure that will become City property after it is completed and accepted by the City, and the Mayor and City Clerk are authorized to execute this agreement. The Encroachment Agreement also requires the Owner to maintain the slope, landscaping, and fence below the structure. 2. An Encroachment Permit issued by the Public Works Department. DISCUSSION: At the March 27th meeting, the City Council requested additional information concerning this item. Rex Brandt's estate property consists of four lots located on the westerly side of Goldenrod Avenue, adjacent to the pedestrian bridge that crosses over Bayside Drive. The northerly - or upper two lots (405 and 407) front on an improved section of Goldenrod Avenue. The property at 407 Goldenrod Avenue has full alley access and a garage on the alley as well as a carport on Goldenrod Avenue. The property at 405 Goldenrod Avenue has partial alley access across approximately 13 feet of the rear of the property and no drive access from Goldenrod Avenue. The existing residential structures currently occupying 403, 405, and 407 Goldenrod Avenue are to be demolished. Item C of City Council Policy L -2 - under the section, 'RESIDENTIAL ZONES AND RESIDENTIAL USES — SPECIAL REQUIREMENTS" states: "Street curb openings shall not be permitted to residential property which abuts an alley." SUBJECT: ENCROACHMENT AGREEMENT AND PERMIT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE ALLEY RIGHT -OF -WAY ADJACENT TO 405 8 405 % GOLDENROD AVENUE, CORONA DEL MAR IN 2000 -254) April 10, 2001 Page 2 The current owner of the Rex Brandt estate properties is Shelley Nora Walker, trustee to the Brandt Family Survivor's Trust. The representative of the owner, Mr. Eric Welton, proposes to construct a duplex on both 405 and 407 Goldenrod Avenue. In accordance with City Council L -2, the drive access to 407 Goldenrod Avenue will be closed and the access will be taken from the alley. To gain full vehicular access from the alley to the proposed duplex at 405 and 405 Yz Goldenrod, the owners representative requests that the City permit the construction of a structure at the end of the alley to extend the alley by approximately 16 feet. The proposed alley extension structure improvements are shown on Exhibits A and B. Also attached are pictures showing story poles that approximate the limits of the alley extension structure deck. The proposed alley extension structure will be constructed of reinforced concrete and include a vehicular guardrail and pedestrian railing complying with City standards. The structure and alley improvements will require an Encroachment Permit issued by the Public Works Department to do the construction in the public alley right -of -way. From the alley, this structural extension will appear to be a part of the alley and it will be built to meet the standards for public alley improvements. Council Policy L -6, "Private Encroachments in the Public Right -of- Way ", prohibits private structural encroachments in the right -of -way. When the construction of the alley extension structure has been completed and accepted by the Public Works Department it will be maintained by the City. The area below the structure will not have any public access. This area will be fenced and landscaped by the applicant and should be maintained by the adjoining property owner. In addition to the standard Encroachment Permit Conditions, the following conditions will be required: 1. An Encroachment Agreement shall be executed to cover the construction of the alley extension structure and provide for the continuing maintenance of the area below the structure. 2. A Building Permit for the 405 and 405 Yz Goldenrod Avenue improvements shall include the alley extension structure and all the requirements of the Building Department shall be met. The attached Encroachment Agreement provides for the approval by the Public Works Director of the plans and specifications with supporting design calculations and geotechnical studies for the alley extension structure. Liability, automobile, and workers compensation insurance - with the City named as additional insured - as well as labor and performance bonds will be required. The City will own and be responsible for maintaining the alley extension structure after it is completed and accepted by the City. The owner will be responsible for the installation and maintenance of the fence, slope, and landscaping under the structure. The owner will hold the City harmless from claims related to the construction of the alley extension structure. This agreement will be recorded and the conditions will run with the land. SUBJECT: ENCROACHMENT AGREEMENT AND PERMIT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE ALLEY RIGHT -OF -WAY ADJACENT TO 405 & 405 % GOLDENROD AVENUE, CORONA DEL MAR IN 2000 -254) April 10, 2001 Page 3 Some of the nearby property owners along Bayside Drive - below and westerly of the site - have expressed concern over the impacts of the proposed alley extension from safety and geotechnical perspectives. The design approvals required by the Encroachment Permit and the Encroachment Agreement will review these concerns and provide for a structure that meets Public Works and Building Department standards. The construction of the alley extension structure is tied to the duplex construction and considered to be a minor structure categorically exempt from CEQA. The City Attorney's office has prepared a separate memo concerning this issue (copy attached). The duplex construction does not require a Coastal Permit. At the present time, staff does not know if the Coastal Commission will separate the alley extension structure from the duplex construction and require work in the alley right -of -way to have a Coastal Permit. If the Coastal Commission staff determines that a permit is required, one will have to be obtained before work on the duplex can begin. With the exception of the existing 407 Goldenrod Avenue drive to be removed when a new duplex is constructed, all of the properties on Goldenrod Avenue between the pedestrian bridge and First Avenue take garage access from the alley. Exhibit C shows a front elevation of the proposed duplexes at 405 and 407 Goldenrod Avenue. Both would have garage access from the alley. Exhibit D shows 405 Goldenrod taking garage access from the street. If this were to occur, one of the two street parking places gained in front of 405 and 407 would be lost. A drive access to 405 Goldenrod Avenue would be directly across the street from the heavily used bicycle access to the Goldenrod Avenue pedestrian bridge, and cars backing out of the drive would conflict with this use. A drive at this location would also require the removal of a very tall palm tree. If the City Council determines that extending the alley is not the best way to provide access to this parcel, the Council can make the following findings and require a condition related to a driveway off Goldenrod Avenue: FINDINGS 1. City Council Policy L -2 does not apply to this property. 2. Access may be provided from Goldenrod Avenue and that access may exceed 50% of the lot frontage. CONDITION That the existing palm tree be relocated to the common property line. SUBJECT: ENCROACHMENT AGREEMENT AND PERMIT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE ALLEY RIGHT -OF -WAY ADJACENT TO 405 & 405 % GOLDENROD AVENUE, CORONA DEL MAR (N 2000 -254) April 10, 2001 Page 4 Also attached is a letter from Shelley Walker, the property owner, Respectfully submitted, Don Webb Public Works Director Attachments: Photographs Exhibits A, B, C, and D City Attorney Memo Encroachment Agreement March 30, 2001 letter from Shelley Nora Walker