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HomeMy WebLinkAbout08 - Two Memoranda of Understanding (MOU) Regarding Bayview Way and San Diego Creek North Site(0) BY THc .: .IL 1Y OF NEv iEACM AUG 2 81995 August 28, 1995 ITY COUNCIL AGENDA ITEM NO. 8 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: TWO MEMORANDA OF UNDERSTANDING (MOU) REGARDING BAYVIEW WAY AND SAN DIEGO CREEK NORTH SITE BETWEEN: a) THE CITY AND THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY (TCA). b) THE CITY, TCA AND FLETCHER JONES MOTORCARS (FJM). RECOMMENDATIONS. - 1 ECOMMENDATIONS: 1. Approve MOU between CITY and TCA and authorize the City —D� Manager to execute the MOU which provides for exchange of right- of-way (old University Drive North and Bayview Way). old C - 306 DISCUSSION: Approve MOU between CITY, TCA and FJM and authorize the City Manager to execute the MOU which provides for actions to facilitate development of automobile dealership on San Diego Creek North Q On February 13, 1995 City Council approved an MOU between the CITY, The Irvine Company (TIC) and FJM to relocate FJM from its present Quail Street location to the San Diego Creek North property within the City limits of Newport Beach. Since that time City Staff has been working with representative of TIC, FJM, TCA, CALTRANS and utility companies to provide right-of-way for new Bayview Way and title to the San Diego Creek North property necessary to relocate the automobile dealership. TCA is required to provide a salt water habitat site (Mitigation Site) as mitigation for impacts caused by construction of San Joaquin Hills Corridor bridges over San Diego Creek. The only feasible site for the Mitigation Site is the City right-of- way for old University Drive North. The first MOU provides for an exchange of right-of- way whereby the City vacates the old University Drive North easement after TCA and/or TIC dedicate the right-of-way for Bayview Way to the CITY. This MOU also provides for construction of Bayview Way from Jamboree Road to 600 feet easterly of Jamboree Road. The estimated cost for Bayview Way street improvements from Jamboree Road to 600 feet easterly of Jamboree Road will be contributed to the City's Circulation and Transportation fund in five (5) $80,000 payments from FJM. SUBJECT: TWO MEMomANDA OF UNDERSTANDING (MOU) REGHRDING BAYVIEW WAY AND SAN DIEGO CREEK NORTH SITE August 28, 1 995 Page 2 In order to develop the FJM dealership, the City must acquire fee title to a 2.64 acre parcel of land owned by TCA. The parcel was acquired from TIC for future construction of the JR -5 flyover ramp. The ramp will parallel Jamboree Road and provides for north bound Jamboree Road connection to westbound Route 73 via a bridge structure over Jamboree Road between north and south Bristol streets. This parcel (referred to as "the strip" in the MOU) will be combined with a 5.59 acre parcel owned by TIC and a 1.10 acre parcel of surplus freeway right-of-way owned by CALTRANS. The three parcels when combined will provide the developable site for FJM. In order for TCA to transfer fee title to their 2.64 acre parcel, they had to establish that such a transfer would be beneficial to TCA. TCA is responsible for construction of the Mitigation Site but their charter prohibits them from assuming long term ownership and maintenance obligations. The second MOU provides for TCA to dedicate fee title for the 2.64 acre site to the City in exchange for the City assuming ownership and maintenance responsibility for the Mitigation Site. Cost to the City associated with maintenance of the Mitigation Site were not anticipated in the original 3/10/95 MOU. At this time, the maintenance effort is estimated to be a two man crew and pick up for one or two weeks clean-up per year with a cost of $10,000 or less. If, during the design process, it appears that the annual maintenance cost could be excessive, terms of the MOU provide that if the City refuses to accept title to the Mitigation Site, the City and TCA shall mutually agree on other consideration to be provided TCA. The second MOU also provides for TCA to reserve the right to construct the JR -5 ramp at a future date, currently estimated in five to seven years. If the ramp is constructed, the MOU provides for the TCA to construct JR -5 ramp bridge with an 18' clearance over Bayview Way and to extend the bridge over the FJM dealership site so that the space underneath the bridge can be used by FJM or another lessee. The additional cost to design and construct the longer bridge structure over the dealership will be the responsibility of the City. This additional cost is currently estimated to be $1,714,000 and would be funded by Fairshare and CIOSA funds. MEMORANDA OF UNDERSTANDING Attached for your review are copies of both MOU's. The MOU's are fairly short agreements with the key points outlined for incorporation in future binding agreements. Summary of the first MOU key provisions are as follows and refer to parcels shown on Exhibit A.: • City shall notify TCA whether the City would like TCA to acquire easement for Bayview Way. At election of City, the City may acquire one new easement from TIC and one new easement from TCA so that such new easements combined cover the entire easement. (Parcel 2 outlined in blue.) • When City acquires the new easement, (Parcel 2) the City shall vacate University Drive North (the old easement). (Parcel 3 outlined in green.) SUBJECT: TWO MEMORANDA OF UNDERSTANDING (MOU) REGARDING BAYVIEW WAY AND SAN DIEGO CREEK NORTH SITE August 28, 1995 Page 3 • TCA shall require California Corridor Constructors to grade the full width of Bayview Way from Jamboree Road to 600 feet east of Jamboree Road. (Parcel 2 outlined in blue.) • City shall design, construct and obtain all permits or environmental clearances necessary for construction of Bayview Way from Jamboree Road to 600 feet east of Jamboree Road. A summary of the second MOU key provisions are as follows: • TCA shall convey to City fee title to their 2.64 acre parcel "the strip" and reserve an easement for itself to construct JR -5 in the future. (Parcel 1 outlined in orange.) • TCA shall enter into negotiations with TIC for an amendment of TIC offer of dedication to permit the transfer of "the strip" parcel. (Parcel 1 outlined in orange.) • In consideration of and contingent upon such conveyance, City shall accept title to the Mitigation Site and City shall maintain it in perpetuity. City shall be entitled to review and comment on Mitigation Site design. If City refuses to accept title to Mitigation Site, the City and TCA shall mutually agree on other consideration to be provided to TCA. (Parcel 4 outlined in violet.) • City and/or FJM will be subject to restrictions in connection with use of reserved area below flyover of future JR -5 Ramp (Number 5 shown in yellow): a. They may use reserved area only for purpose of parking vehicles sold or displayed by dealership; vehicular and pedestrian ingress and egress; landscaping and or paving; signs and other improvements or uses not excluded by this Agreement. b. They will release TCA from liability due to construction impacts and liability for damage to their structures from construction of JR -5 ramp. C. They have no rights to future comment on approved architecture or aesthetics of the flyover, except City shall retain such rights as a TCA member agency. d. They may not use reserved area in a manner which would impair the safe use or structural integrity of the flyover or would otherwise interfere with free flow of traffic. e. The reserved area may not be used for storage or manufacturing of flammable volatile, explosive or corrosive substances and no structures of combustible construction will be allowed. f r—, C SUBJECT: TWO MEMORANDA OF UNDERSTANDING (MOU) REGARDING BAYVIEW WAY AND SAN DIEGO CREEK NORTH SITE August 28, 1995 Page 4 TCA will not be required to build a sound wall on flyover. TCA will cause its contractor to restore dealership site improvements which are damaged and removed as result of construction of flyover. • TCA agrees to a bridge structure soffit profile which provides 18 foot minimum clearance above center line of Bayview Way. Soffit profile shall also provide minimum 20 foot clearance above easterly top of curb elevations on Jamboree Road northerly of Bayview Way to Bristol Street. • TCA and City acknowledge that City is paying for the extra cost of designing and constructing flyover as a bridge rather than on fill so that space underneath flyover can be used by FJM. • In consideration of, but not contingent upon agency performing its obligations under this MOU, City has agreed to construct Bayview Way from Jamboree Road to 600 feet easterly of Jamboree Road. Terms of these two MOU's are consistent with the intent of the original MOU, dated March 1, 1995, to relocate FJM to the San Diego Creek North site. City staff therefore recommends that the City Council approve both Memoranda of Understanding. Attached is a copy of the TCA Board action approving the MOU's, a copy of the TCA staff report and copies of the MOU's. Respectfully submitted, JJ PUBLIC WORKS DEPARTMENT Don Webb, Director B jKIW,olter operative Projects Engineer Attachments EXHIBIT "A" i c SAN -mG yr vj TlG�O! �� l qq'c� I U ® TRANSPORTA RON CORRI®O q ACENC Y PROP CINE STRIP) NEW EA SEMEN t,,,: c tl=q To ® OL D EA SEMENT TCA +o clr3 spa CA4iw(A!o ' ® SALTWATER MARSH ® JR -5 FLYOVER RAMP RESERVED AREA (/5' L /NE ) 7 CONSTRUCTION EASEMENT TECHNICAL ADVISORY COMMITTEE Report No. 17 X SAN JOAQUIN HELLS OPERATIONS COMN[ITTEE File No. 95S-010 FOOTHILL/EASTERN OPERATIONS COM IITTEE X BUDGET & FINANCE COMMITTEE JOINT ADMINISTRATION COMMITTEE LEGAL & LEGISLATIVE COMMITTEE X SAN JOAQUIN HILLS BOARD OF DIRECTORS FOOTTM •i •/PASTERN BOARD OF DIRECTORS BOARD MEETING DATE: August 10, 1995 SUBJECT: Two Memoranda of Understanding Between the City of Newport Beach and the SJHTCA Providing for 1) Right of Way for a Mitigation Site; and, 2) Construction of a Future HOV Access Point along Bayview Way and Relief of Mitigation Site Maintenance STAFF RECOMMENDATION: Authorize the Chief Executive Officer to execute a Memorandum of Understanding with the City of Newport Beach which provides right-of-way for a corridor mitigation site. 2. Authorize the Chief Executive Officer to execute a Memorandum of Understanding with the City of Newport Beach which provides for the City of Newport Beach which provides that the City will: 1) accept title to a TCA mitigation site (Salt Water Marsh), 2) accept financial responsibility for the differential cost between a highway embankment (TCA's original plan) and a bridge extension (now proposed) which accommodates development, and 3) accept responsibility for constructing a portion of Bayview Way which serves as an access point to future corridor HOV lanes. The San Joaquin Hills Transportation Corridor impacts a small, but important salt water habitat in the area where the mainline bridges cross over San Diego Creek. The regulatory agencies (California Coastal Commission and California Department of Fish and Game) require this impact to be mitigated by the creation of new salt water marshlands. The opportunities for this type of site are very limited; however, the City of Newport Beach owns right of way for an obsolete highway alignment in an ideal location and this can be exchanged for road right of way in the needed (current) location to the benefit of both the Agency and the City. The first Memorandum of Understanding following this staff report accomplishes this. The corridor will need the same city street (Bayview Way in the new location) for access to the future SJHTC HOV lanes. The City will require a developer to construct a portion of this street in exchange for the right to develop underneath a corridor bridge (Jamboree Flyover). The second Memorandum of Understanding in this agenda package provides the construction for a portion of this HOV access road, and provides TCA with the relief from maintenance responsibilities for a salt water mitigation site. COST: SJH - -0- REPORT WRITTEN BY: -Gene Foster APPROVED BY: Greg Henk 9501 ofdoc TRANSPORTATION CORRIDOR AGENCIES 201 E. SANDPOINTE AVE., SUITE 207, SANTA ANA, CA 92707 714/436-9800 FAX 714/436-984B MEMORANDUM DATE: July 27, 1995 TO: SJHTC Board of Directors FROM: SJHTC Project Manager SUBJECT: Two Memoranda of Understanding Between the City of Newport Beach and the SJHTCA Providing for 1) Right of Way for a Mitigation Site; and, 2) Construction of a Future HOV Access Point along Bayview Way and Relief of Mitigation Site Maintenance 1. Authorize the Chief Executive Officer to execute a Memorandum of Understanding with the City of Newport Beach which provides right-of-way for a corridor mitigation site. 2. Authorize the Chief Executive Officer to execute a Memorandum of Understanding with the City of Newport Beach which provides for the City of Newport Beach which provides that the City will: 1) accept title to a TCA mitigation site (Salt Water Marsh), 2) accept financial responsibility for the differential cost between a highway embankment (TCA's original plan) and a bridge extension (now proposed) which accommodates development, and 3) accept responsibility for constructing a portion of Bayview Way which serves as an access point to future corridor HOV lanes. SJHTC Agreements City of Newport Beach July 24, 1995 Page 2 The northern terminus of the SJHTC is constrained by two existing features: environmental habitat (especially wetlands) and the configuration of State Route 73 previously constructed by Caltrans. The former feature requires the Agency to create replacement habitat for the area impacted by the shadow of our new bridges over salt water habitat at San Diego Creek. The latter constraint challenges the engineering design of the project to provide access to future corridor high occupancy vehicle (HOV) lanes in an area where the existing infrastructure provides few opportunities. From the Agency's standpoint, any cooperation which alleviates these constraints is extremely valuable. The City of Newport Beach (City) has jurisdiction and interest in developing land in precisely the same area as the corridor constraints and through coordinated engineering planning it is possible to meet both the Agency and the City objectives. The essence of this cooperation is that two MOUs are proposed which accomplish all of the following: 1. Relinquish obsolete City street right-of-way to the TCA for a salt water marsh mitigation site. In exchange for this mitigation property the Agency will acquire street right-of-way which accommodates a newly adopted alignment. This new alignment is known as Bayview Way. 2. Condition developers in the city to provide full street improvements for the first 600 feet easterly of Jamboree Road along an access to future HOV lanes. 3. Transfer title and maintenance responsibility for a TCA mitigation site (the Salt Water Marsh) to the City of Newport Beach. 4. Require the City of Newport Beach to accept financial responsibility for the differential costs between a highway embankment that was planned as part of the SJHTC and a bridge extension proposed to create land which can be developed by the City. r`\ SJHTC Agreements City of Newport Beach July 24, 1995 Page 3 1 •_ • Right of Way Exchange for the Salt Water Marsh The San Joaquin Hills Transportation Corridor impacts salt water habitat with the mainline bridges over San Diego Creek. This habitat lies in the California Coastal Commission's jurisdiction and it is considered especially significant because of its relationship to Upper Newport Bay. The Coastal Commission and the California Department of Fish and Game are very demanding in their requirements to mitigate our bridge impacts by creating new salt water habitat. Unfortunately, the opportunity for this mitigation is very limited due to the fact that there isn't much land available in a tidal area. These are the circumstances which make cooperation with the City, which owns a potential mitigation site, so attractive. The City of Newport Beach Circulation Element has contained an alignment for a street formerly known as University Drive (North) for many years; in fact, the City has accepted a right-of-way dedication (from The Irvine Company) for this street along an alignment that is now obsolete but would be ideal as a salt water marsh mitigation site. The TCA plans to acquire right-of-way for a street (Bayview Way) which serves as a future access for carpool lanes (HOV) to the corridor. This street is precisely along an alignment which can also serve as the City street. Considering these facts, it is to the mutual benefit of the City and the TCA to exchange right-of-way. In order for this exchange to be equitable, a very minor amount of grading should be done along the right-of-way which the TCA conveys to the City. In fact, our designibuild contractor desires to do this work for no compensation because it balances his earthwork operations. • HOV Access Improvements and Relief of Mitigation Site Maintenance in Exchange for Developments Right Below a Corridor Bridge One of the key features of the San Joaquin Hills Transportation Corridor has always been its commitment to accommodate future traffic growth by developing the center median rather than expanding the outer edges of the highway. To accomplish this, HOV facilities will be constructed in the future and it is critical that the project have attractive access to the median lanes. Because the existing State Route 73 highway SJHTC Agreements City of Newport Beach July 24, 1995 Page 4 has been constructed with bridges that have columns in the median (north of the corridor termini), it is critical that the TCA develop access to the HOV facilities in the MacArthur Interchange. In this area the only feasible points of access is the adopted City alignment for Bayview Way. In addition to this benefit, the City of Newport Beach proposes to accept title and maintenance of the Salt Water Marsh mitigation site located adjacent to San Diego Creek and Jamboree Road. This maintenance relief is especially valuable to the TCA because our government code and financial covenants prohibit us from funding the long term responsibilities of the mitigation site. In exchange for these substantial benefits which accrue to the TCA, the City of Newport Beach will be permitted to develop a very attractive parcel of land and use property that would previously have been slated for highway embankment. SUMMARY: The San Joaquin Hills Transportation Corridor impacts a small, but important salt water habitat in the area where the mainline bridges cross over San Diego Creek. The regulatory agencies (California Coastal Commission and California Department of Fish and Game) require this impact to be mitigated by the creation of new salt water marshlands. The opportunities for this type of site are very limited; however, the City of Newport Beach owns right-of-way for an obsolete highway alignment in an ideal location and this can be exchanged for road right-of-way in the needed (current) location to the benefit of both the Agency and the City. The first MOU which follows this report accomplishes this. The corridor will need the same city street (Bayview Way in the new location) for access to the future SJHTC HOV lanes. The City will require a developer to construct a portion of this street in exchange for the right to develop underneath a corridor bridge (Jamboree Flyover). The second MOU provides for the future HOV access and relief of mitigation site maintenance. 95SO1 Om.doc MEMORANDUM OF UNDERSTANDING This Memorandum dated , 1995 expresses the understanding of the San Joaquin Hills Transportation Corridor Agency (the "Agency") and the City of Newport Beach ("the "City") regarding Bayview Way (formerly University Drive North) and is premised on the following: A. Pursuant to authority granted in Government Code Section 66484.3, Agency is constructing a highway known as the San Joaquin Hills Transportation Corridor (the "Corridor") from Interstate 5 in the city of San Juan Capistrano northerly to the terminus of Route 73 near Jamboree Road in the City. B. Construction and operation of the Corridor impacts salt water marsh habitat, and Agency desires to mitigate this impact by creating g) pew salt water marsh habitat (the "Salt Water Marsh") in the area shown as such on Exhibit -A. C. The City has an easement for street and highway purposes for University Drive North (the "Old Easement") over which a road has not been constructed. The location of the Old Easement no longer matches the intended alignment of Bayview Way, and it is in the area Agency desires to use for the Salt Water Marsh. D. City desires to acquire an easement for the intended alignment of Bayview Way, either from the Agency or directly from The Irvine Company ('TIC'), or acquire an easement for a portion of the alignment from the Agency and a portion from TIC. NOW THEREFORE, Agency and City intend to negotiate * a formal agreement containing the following terms: 1. The City shall notify the Agency by , 199_, whether the City would like the Agency to acquire an easement for Bayview Way at a location Ln\951200002 matching the intended alignment (the "New Easement"), and the necessary terms of such easement. Upon such notice, Agency shall negotiate with TIC for the acquisition of the New Easement. If the City does not so notify the Agency by , 199_, it shall be presumed that the City shall acquire the New Easement directly from TIC. At the election of the City, the City may acquire one New Easement from the Agency and one New Easement directly from TIC, so that such New Easements combined cover the entire intended alignment for Bayview Way in the area shown on Exhibit . The Agency shall coordinate with the City in the preparation of the legal descriptions for the New Easement. 2. When the City acquires the New Easement for the area shown on Exhibit , either directly from TIC or from the Agency or from both, the City shall vacate the street contemplated by the Old Easement. City shall execute a quitclaim or other documents which may be necessary in order that the Old Easement not affect title to the area covered by the Salt Water Marsh. These transactions are supported by good and valuable consideration although not monetary consideration. 3. Agency shall require Califomia Corridor Constructors to grade the full width of Bayview Way from Jamboree Road to approximately 600 feet east of Jamboree Road, as shown on Exhibit A, as requested by the City and agreed to by Agency. 4. City shall design, construct and obtain all permits or environmental clearances necessary for the construction of Bayview Way from Jamboree to approximately 600 feet east of Jamboree Road, as shown on Exhibit A. -2- 95120002.LA1 - 06/02/95 This Memorandum is not a binding agreement, but rather expresses the intent of the parties to negotiate an agreement on the terms set forth above. SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY By: _ Name: Title: THE CITY OF NEWPORT BEACH By: Name: Title: -3- 95120002.LA1 - 06/02/95 0 40 eO r. - O-5 EXHIBIT "A" SAN U TRANSPORTAT/ON CORR/DOR ACENC Y PROP (71(E STR/P) O2 NEW EASEMENT Q3 ou EASEMENT ® SALTWATER MARSH © JR -5 FLYOVER RAMP RESERVED AREA ((5' L /NE ) CONSTRUCT/ON EASEMENT MEMORANDUM OF UNDERSTANDING This Memorandum dated , 1995 expresses the understanding of the San Joaquin Hills Transportation Corridor Agency (the "Agency"), the City of Newport Beach ("the "City") and Fletcher Jones Motorcars ("Fletcher Jones") regarding certain actions designed to facilitate development of an automobile dealership on property commonly known as San Diego Creek North and depicted on Exhibit hereto (the "Property"). The understanding of the parties is premised on the following facts: A. Fletcher Jones currently owns and operates an automobile dealership at 1301 Quail Street in the City. Fletcher Jones' lease for that property expires in December 1996, and Fletcher Jones has received offers to relocate its business outside of the City. The City would experience significant long term reductions in total tax revenues of approximately $500,000 per year in the event Fletcher Jones were to relocate the dealership outside of the City. B. The City and Fletcher Jones have determined that the Property is the only large vacant parcel in the City to which the automobile dealership may be relocated. C. Pursuant to authority granted in Government Code Section 66484.3, Agency is constructing a highway known as the San Joaquin Hills Transportation Corridor (the "Corridor"). D. The Agency acquired fee title to a strip of the Property (the "Strip") over which it intends to construct a flyover ramp known as the Jamboree Flyover or JR -5 in connection with the Corridor (the "Flyover"). The Strip is identified as such on i i hereto. The Strip was acquired by means of an offer of dedication (the "Offer LA\951200004 of Dedication") from The Irvine Company to the Agency. The Agency has accepted the Offer of Dedication. E. The City desires to accommodate Fletcher Jones' desire to use the area underneath the Flyover to park cars sold by its dealership. Such use will require that the Flyover be constructed as a bridge rather than on fill. Design and construction of the Flyover as a bridge will be significantly more expensive to the Agency than if it were designed and constructed on fill. F. Agency desires to assist the City in its efforts to keep the Fletcher Jones automobile dealership within the City on the condition that the City compensate Agency for Agency's extra costs associated therewith. NOW THEREFORE, Agency and City intend to negotiate a formal agreement containing the following terms: 1. Agency shall convey to the City fee title to the Strip and reserve an easement for itself over the Reserved Area (as defined below) and a temporary construction easement over the Construction Easement Area (as defined below); the City shall thereafter enter into a ground lease with Fletcher Jones. In the alternative, the Agency may make such other conveyance of the Strip such that Fletcher Jones will have the ability to use the space under the Flyover to park cars sold by the automobile dealership, and the Agency or its successor will have the ability to construct and maintain the Flyover. The Reserved Area is the portion of the Strip inside of the lines measured 15 feet from the dripline of the Flyover, and identified as such on Exhibit A hereto. The Construction Easement Area is the area from the edge of the Reserved Area on the west side of the Flyover to Jamboree Road and an area from the edge of the Reserved Area on the east side of the Flyover to a line 30 feet parallel to such edge. The Construction Easement Area is identified as such on EXbjbitA hereto. -2- 95120004.L41 - 06/02/95 2. The Offer of Dedication prohibits the Agency from making such a transfer to the City. Agency shall enter into negotiations with TIC for the amendment of the Offer of Dedication to permit the transfer. The Agency shall not be required to make the conveyance to the City if it would be required to pay TIC any monetary consideration in connection with such amendment. 3. In consideration of and contingent upon such conveyance, the City shall accept title to the salt water marsh Agency intends to construct in the vicinity of the Flyover (the "Salt Water Marsh") and the City, its successors or assigns shall maintain it in perpetuity. City shall be entitled to review and comment on the design documents for the Salt Water Marsh, and Agency shall use good faith efforts to incorporate the City's material comments into the final design documents for the Salt Water Marsh. Agency and City agree that City will only accept title to the Salt Water Marsh if the City is reasonably satisfied that the design will provide adequate capacity for tidal flows in and out of the Salt Water Marsh and will not cause an undue long term maintenance burden. If the City refuses to accept title to the Salt Water Marsh, the City and Agency shall mutually agree on other consideration to be provided Agency. 4. The City and/or Fletcher Jones will be subject to the following restrictions in connection with use of the Reserved Area: a. They may use the Reserved Area only for the purpose of parking vehicles sold or displayed by the dealership and vehicular and pedestrian ingress and egress; they may also landscape and/or pave the Reserved Area and construct thereon curbs and signage, and maintain such improvements other uses not specifically excluded by this Agreement in the Reserved Area. -3- 95120004.LA1 - 06/02/95 b. They will release the Agency from any liability for noise, vibrations, dust, curing water, diesel or steam from pile driving operations and sandblasting in connection with construction of the Flyover. C. They will release the Agency from liability for damage to their structures caused by the construction of the Flyover and for loss of visibility during construction. d. They will have no rights to comment on or approve the architecture or aesthetics of the Flyover, except that the City shall retain such rights it may have as a member of Agency. The. span between the support and columns of the Flyover shall be not less than 100 feet, the supporting columns shall be round, and the Flyover shall be a cast in place box girder bridge conventionally reinforced or post tension. e. They may not use the Reserved Area in a manner which would impair the use and or safety or structural integrity of the Flyover or which would otherwise interfere with the free-flow of traffic thereon or unreasonably impair construction, maintenance or repair of the Flyover. f. The Reserved Area may not be used for the manufacture or storage of flammable, volatile, explosive or corrosive substances. g. No hazardous or objectionable smoke, fumes, vapors, dust or odors shall be permitted on the Reserved Area. h. No structures of combustible construction or buildings shall be constructed on the Reserved Area. -4- 95120004.1A1 - 06/02/95 r-� L In no event shall the Agency be required to build any sort of soundwall on the Flyover. j. The Agency agrees that it will cause its contractor who constructs the Flyover to restore the automobile dealership site improvements which are damaged or removed as a result of the construction of the Flyover to be restored to their condition prior to such construction to the extent such restoration does not interfere with the maintenance or operation of the Flyover. 5. The Agency shall agree to a bridge structure soffit profile for the area between Bayview Way and Bristol Street which provides a .minimum 18 foot clearance above grade at the centerline of Bayview Way. The soffit profile shall also provide for a minimum 20 foot clearance above the easterly top of curb elevation on Jamboree Road northerly of Bayview Way to Bristol Street. The profile will be provided to Fletcher Jones and Fletcher Jones may provide comments designed to maximize the views of the automobile dealership from Jamboree Road. 6. The Agency and the City acknowledge that the City is paying for the extra cost of designing and constructing the Flyover as a bridge rather than on fill (in the form of accepting title to and agreeing to maintain the salt water marsh) so that the space underneath the Flyover can be used by Fletcher Jones or another lessee or agent of the City. The City accepts responsibility for providing, at no cost to the Agency, the rights and condition of title Caltrans will require for the construction of the Flyover. 7. In consideration of, but not contingent upon Agency performing its obligations under this memorandum of understanding, City has agreed to construct a portion of the future easterly extension of Bayview Way which shall connect to MacArthur Boulevard (identified as the HOV access point in the EIR/EIS for the -5- 95120004.LA1 - 06/02/95 Corridor) and solve certain land use problems associated with such extension. The portion the City has agreed to construct is the first 600 feet from Jamboree Road heading easterly. This Memorandum is not a binding agreement, but rather expresses the intent of the parties to negotiate an agreement on the terms set forth above. SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY By: Name: Title: THE CITY OF NEWPORT BEACH By: Name: Title: FLETCHER JONES MOTORCARS By: Name: Title: -6- 95120004.LA1 - 06/02/95 0 40 EO r -m u I i EXHIBIT "A" SAN U TRANSPORTATION CORRIDOR ACENC Y PROP (THE STRIP) Q2 NEW EASEMENT 03 OLD EASEMENT ® SALTWATER MARSH Q5 JR -5 FLYOVER RAMP © RESERVED AREA (/S' L /NE ) ( CONSTRUCT/ON EASEMENT Authorirred—tw Publish Advertisements of all kinu...icluding public notices by Decree of the Superior Court of Orange County, California. Number ^•6214, September 29, 1961, and A-24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of .eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH -COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City, of Costa Mesa, County of- Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: January 17, 1998 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on January 19 at Costa Mesa, California. Signature , 199 8 PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Newport Beach will hold a public hearing on the annual review of Devel- opment Agreements Nos. 4, 5, 6, 7, 8, 9, anti d 0. Annual review of Devel- opment Agreements be- tween the City of Newport Beach and: (N0.4) The Ir-, vine Company Involving the Library Exchange Agree- ment; (No:5) Hoag Memo- rial Hospital Presbyterian, (No.6) The Irvine Company,, Circulation Improvement and Open Space Agree- ment; . (No.7) Pacific View. Memorial Park; (No.8) Ford Motor Land Development Corporation; (No.9)i Fletcher Jones Motor Cars, and. (No.10) Newport Har- bor Lutheran Church, to re- v iew the parties' compli- ance' with the terms and conditions of the agree - merits with the City of New- port:,Peach. __ Notice is hereby further giver('that said public ;hear- �Rz6bur will be held -on the'26th `;of January, 1998, at of 7:00 p.m. In the Council Chambers of the' Newport Beach City Hall, 3300 Newport . Boulevard,: Newport Beach, California,' at which Aime and place, any and all persons. Inter-: ested; may 'appear and bel heard thereon. if you chat. lengethese projects 1n court, you' may be limited, to raking only those issues you' or someone'. elgdl raked at the public hearing; described In thls.' notice or In "written"corresppondence; delivered to th City at, or, prior to, the ppu'Ic hearing.; or Informal loq call (714) 644.3200. ' [s/ LaVoneo M. Hark. less, City Clerk, City of. Newport`Boach' >: Published ''N'ewport! Beach•Cosfa Masa'_paily Pilot Janusry,'17, 1988 Sa050