HomeMy WebLinkAbout07 - Approval of Reimbursement Agreement with Cameo Community Association for East Coast Highway BeautificationQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
December 10, 2024
Agenda Item No. 7
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Jim Houlihan, Deputy Public Works Director/City Engineer - 949-
644-3319, jhoulihan@newportbeachca.gov
TITLE: Approval of Reimbursement Agreement with Cameo Community
Association for East Coast Highway Beautification
ABSTRACT:
East Coast Highway (Highway) from Seaward Road to Pelican Point Drive is currently a
patchwork of different landscape palettes and there is a desire in the community to
complete a comprehensive landscape overhaul to beautify one of the primary entry points
to the city. Staff has been coordinating with the homeowners' associations (HOAs) and
residents adjacent to the Highway over the past few years and recognizes that as each
neighborhood has unique conditions and requirements, there will need to be various
funding, construction and maintenance methods employed to complete the entire
landscape effort. The section of Highway adjacent to the Cameo Highlands neighborhood
includes 12 individual private properties on Cortland Drive that back to the Highway. Staff
requests City Council approval to enter into a Reimbursement Agreement with the Cameo
Community Association for Irrigation and Landscape Improvements associated with
these 12 properties.
RECOMMENDATIONS:
a) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 (h) (rehabilitation of existing landscape) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project
has no potential to have a significant effect on the environment; and
b) Approve a Reimbursement Agreement with the Cameo Community Association for
Irrigation and Landscape Improvements in the City of Newport Beach, and authorize
the Mayor and City Clerk to execute the agreement.
DISCUSSION:
Landscaping along the Highway from Seaward Road to Pelican Point Drive has
historically been determined by individual property owners and HOAs. There is now a
desire by residents in Cameo Shores/Highlands, Shore Cliffs and the Corona del Mar
Villas, as well as the Corona del Mar Residents Association (CdMRA), to enhance and
beautify this stretch of Highway as it is one of the primary entry points to the City and
Corona del Mar Village.
7-1
Approval of Reimbursement Agreement with Cameo Community Association
for East Coast Highway Beautification
December 10, 2024
Page 2
The section of Highway along the frontage of the Cameo Highlands neighborhood
involves improvements to 12 individual private properties. Staff worked with the Cameo
Community Association to negotiate a way forward for the landscape and maintenance
of this portion of Highway frontage. The 12 properties on Cortland Drive that back to the
Highway were part of a trust that built a project that included a large retaining wall and
landscaping along the Highway in the 1990s. The landscaping fronting the Highway has
been maintained by the 12 individual property owners over the past 30 years and has a
history of partial neglect. It is mostly deteriorated. Additionally, the wall built by the trust
has been compromised in at least one location, likely due to the previous landscaping
and the lack of maintenance. Each property owner is responsible for their portion of the
retaining wall and the failed portion of the wall is being addressed. The Cameo
Community Association has obtained an easement and an agreement from each of the
property owners to clear the existing landscaping in front of the wall and install new
irrigation and landscaping, as well as allow the HOA to provide ongoing maintenance for
the area. Any landscaping on the wall will be the responsibility of the property owner. To
provide a comprehensive landscape palette along the Highway and facilitate construction
of the improvements, staff recommends that the City Council approve a reimbursement
agreement that will pay for the design and construction of the initial new irrigation and
landscaping. The HOA will then be responsible in perpetuity for the ongoing care,
irrigation and maintenance of this easement area over the 12 individual private properties.
FISCAL IMPACT:
The budget for the agreement is $190,658. The reimbursement funds will be recognized
in, and the associated costs will be expensed to, the Capital Improvement Program (CIP)
- Landscape Enhancement (Project No. 251-01).
ENVIRONMENTAL REVIEW -
Staff recommends the City Council find this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15301 (h) (rehabilitation of
existing landscape) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, because this project has no potential to have a significant effect on the
environment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Location Map
Attachment B — Reimbursement Agreement
7-2
ATTACHMENT A
7-3
ATTACHMENT B
REIMBURSEMENT AGREEMENT
WITH CAMEO COMMUNITY ASSOCIATION FOR
IRRIGATION AND LANDSCAPE IMPROVEMENTS IN THE CITY OF NEWPORT BEACH
THIS REIMBURSEMENT AGREEMENT ("Agreement") is made and entered into as of
this 12th day of November, 2024 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and CAMEO COMMUNITY
ASSOCIATION, a California nonprofit mutual benefit corporation ("HOA"), whose address is
9060 Irvine Center Drive, Irvine, CA 92618 and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the
State of California with the power to carry on its business as it is now being conducted
under the statutes of the State of California and the Charter of City.
B. HOA is the homeowners' association that governs the Cameo Highlands neighborhood
in the City of Newport Beach, California as depicted in Exhibit "A."
C. In 1991, an approximately 11-foot 6-inch retaining wall with a tempered glass windscreen
was constructed on twelve (12) contiguous residential properties located at 4709-4839
Cortland which front Coast Hwy E ("Retaining Wall") pursuant to Modification No. 3928.
D. The residential properties at 4709-4839 Cortland (the "Lots") are legally described in
Exhibit "B" and the Retaining Wall is generally depicted in Exhibit "C" ("Coast Hwy E
Frontage").
E. The property owners at 4709-4839 Cortland are members of the HOA (the "Cortland
Owners"), and own the Retaining Wall. The Cortland Owners are completely responsible
for the Retaining Wall and the HOA has no responsibility for the Retaining Wall.
-F. The HOA now wishes to install irrigation on the Cortland Owners' Lots, which will improve
landscaping along the Coast Hwy E Frontage. The HOA will be responsible for the
installation of landscape and irrigation on the Coast Hwy E Frontage portion of the
Cortland Owners' Lots (the "Project").
G. The City desires to financially contribute to the Project in order to better protect the
integrity of the Retaining Wall, and thus, better protect pedestrians, cyclists and vehicles
along the Coast Hwy E Frontage as well as to assure the landscape on the Coast Hwy E
Frontage is in keeping with the City's standards.
H. HOA obtained a bid proposal for the Project and the City is willing to contribute to
complete the Project subject to the conditions set forth below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
7-4
1. TERM
The term of this Agreement shall commence on the Effective Date and shall terminate upon
issuance of a written final request for payment and payment by the City to HOA. HOA and City
agree to work cooperatively so the Project can be completed.
2. PERFORMANCE
2.1 Prior to the start of construction of the Project, HOA shall obtain temporary
construction access easements to complete the Project and permanent access
easements to maintain the Project improvements from each property owner at 4709-
4839 Cortland and approved as to form by the City Attorney's Office.
2.2 HOA shall complete the Project and perform all work to complete the Project, including
but not limited to design, construction, testing, inspection and management oversight,
in accordance with the plans approved by the City ("Project Plans") and Project bid
("Project Bid Summary"), which are attached hereto as Exhibits "D," and "E'
respectively and incorporated herein by this reference. HOA shall require its contractor
to complete the Project in conformance with the Project Plans and Project Bid
Summary. The Project Plans may be amended, changed or modified from time to time
upon the written consent of City and HOA.
2.3 HOA shall require its contractor to obtain an encroachment permit from City prior to
commencing work on the Project.
2.4 HOA shall perform, and ensure its contractor performs, all work in a manner to
minimize public inconvenience and possible hazard, to restore other work areas to
their original condition and former usefulness as soon as possible, and to protect
public and private property. HOA shall be Liable for any private or public property
damaged during the work of the Project.
3.1 HOA shall be responsible for making all payments to its contractor for completion of
the Project. City's obligation under this Agreement shall be to reimburse HOA; City
shall not be responsible for making payments to HOA's contractor or ensuring the
contractor is paid.
3.2 Following final completion of the Project by HOA's contractor, HOA shall provide the
City with written notice of final completion and schedule a time for the City to inspect
the Project area to confirm completion in accordance with the Project Plans and
Project Bid Summary. Upon confirmation by the City that the Project is complete, the
City shall pay to HOA within thirty (30) calendar days the Project Bid Summary amount
not to exceed the Project Bid Summary, or such lesser amount expended on the
Project and owed by City.
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
Page 2
7-5
3.3 City may withhold payment to HOA of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. HOA shall have
an immediate right to appeal to the City Manager with respect to such disputed sums.
HOA shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding
of any amounts found to have been improperly withheld.
4. INSPECTION
City shall have the right to inspect the construction of the Project as it deems necessary to
assure compliance with the Project Plans, including shop drawing review and material
inspection thereof. City shall have access to all phases of the construction work. City will
promptly notify HOA of any portion of the work on the Project which appears not to conform
to the Project Plans. The determination as to conformity of the Project with the Project Plans
shall be made by City in its sole discretion. City agrees not to unreasonably withhold its
approval as to such conformity of the Project with the Project Plans.
5. LAWS, RULES AND REGULATIONS
HOA shall comply with all laws, rules and regulations, including, but not limited to, all
applicable requirements of the California Labor Code, prevailing wage laws, and the
ordinances, rules and regulations of City, in connection with the construction of the Project.
HOA shall also require its construction contractor to comply with the same and incorporate
such requirement in its contract with contractor.
6. PROJECT CONTACTS
6.1 HOA shall designate a Project Manager, who shall coordinate all phases of the
Project. This Project Manager shall be available to City at all reasonable times during
the Agreement term. HOA will designate and notify the City who has been selected
to be its Project Manager prior to the commencement of any work. HOA shall not
remove or change the Project Manager without prior written notice to City.
6.2 City designates City's Deputy Public Works Director to be the Project Administrator
on behalf of the City. The Project Administrator shall represent City in all matters
pertaining to the Project.
7. RELATIONSHIP BETWEEN THE PARTIES
It is understood that City and HOA have neither an independent contractor nor an agency
nor an employer -employee relationship. The manner and means of conducting the Project
are under the control of HOA, except to the extent it is limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to
constitute approval for HOA or any of HOA's employees or agents, to be the agents or
employees of City. Nothing in this Agreement shall create any contractual relationship
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
Page 3
7-6
between City and any subcontractor nor shall it create any obligation on the part of City to
pay or to see to the payment of any monies due to any such subcontractor other than as
otherwise required by law. HOA shall have the responsibility for and control over the means
of performing the Project, provided that HOA is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct HOA
as to the details of the performance of the Project or to exercise a measure of control over
HOA shall mean only that HOA shall follow the desires of City with respect to the results of
the Project.
8. RECORDS
HOA shall keep complete and accurate records and invoices in connection with the Project
and any costs charged to City for a minimum period of three (3) years, or for any longer
period required by law, from the date of final payment to HOA under this Agreement. All
such records and invoices shall be clearly identifiable. HOA shall allow a representative of
City to examine, audit and make transcripts or copies of such records and invoices during
regular business hours. HOA shall allow inspection of all work, data, documents,
proceedings and activities related to the Agreement for a period of three (3) years from the
date of final payment to HOA under this Agreement.
9.1 For purposes of this Section, the following terms are defined as follows:
9.1.1 Environmental Law. "Environmental Law" shall include all federal, state,
and local environmental, health, and safety laws, statutes, ordinances,
regulations, rules, judgments, orders, and notice requirements, which were
in effect as of the Effective Date, which regulate or relate to (a) the
protection or clean-up of the environment; (b) the use, treatment, storage,
transportation, handling or disposal of hazardous, toxic or otherwise
dangerous substances, wastes or materials; (c) the quality of the air and the
discharge of airborne wastes, gases, particles, or other emissions; (d) the
preservation or protection of waterways, groundwater, or drinking water; (e)
the health and safety of persons or property; or (f) impose liability with
respect to any of the foregoing, including without limitation, the
Comprehensive Environmental Response, Compensation and Liability Act
of 1980 (CERCLA) [42 USC §§ 9601 et seq.]; the Resource Conservation
and Recovery Act of 1976 (RCRA) [42 USC §§ 6901 et seq.]; the Clean
Water Act, also known as the Federal Water Pollution Control Act (FWPCA)
[33 USC §§ 1251 et seq]; the Toxic Substances Control Act (TSCA) [15
USC §§ 2601 et seq.]; the Hazardous Materials Transportation Act (HMTA)
[49 USC §§ 1801 et seq.]; the Insecticide, Fungicide, Rodenticide Act [7
USC §§ 136 et seq.]; the Superfund Amendments and Reauthorization Act
[42 USC §§ 6901 et seq.]; the Clean Air Act [42 USC §§ 7401 et seq.]; the
Safe Drinking Water Act [42 USC §§ 300f et seq.]; the Solid Waste Disposal
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
7-7
Act [42 USC §§ 6901 et seq.]; the Surface Mining Control and Reclamation
Act [30 USC §§ 1201 et seq.]; the Emergency Planning and Community
Right to Know Act [42 USC §§ 11001 et seq.]; the Occupational Safety and
Health Act [29 USC §§ 655 and 657]; the California Underground Storage
of Hazardous Substances Act [H&S §§ 25280 et seq.]; the California
Hazardous Substances Account Act [H&S §§ 25300 et seq.]; the California
Hazardous Waste Control Act [H&S §§ 25100 et seq.]; the California Safe
Drinking Water and Toxic Enforcement Act [H&S §§ 24249.5 et seq.]; the
Porter -Cologne Water Quality Act [Water §§ 13000 et seq.] together with
any amendments of or regulations promulgated under the statutes cited
above.
9.1.2 Hazardous Materials. "Hazardous Materials" shall include any substance
which falls within the definition of hazardous substance, hazardous waste,
hazardous material, toxic substance, solid waste, or pollutant or
contaminant, under any Environmental Law.
9.1.3 HOA's Obligations. HOA will not conduct the Project in violation of any
Environmental Law.
9.2 Environmental Indemnity and Hold Harmless. HOA shall indemnify, defend, and hold
City and its City Council, officers, appointees, volunteers, employees, agents,
successors and assigns free and harmless from and against all Damages (as defined
below) that may at any time be imposed upon, incurred by, or asserted or awarded
against City or any of them in connection with or arising from any breach of HOA's
obligations hereunder or out of any violation by HOA of any Environmental Law; or
resulting in the imposition of any lien or claim for the recovery of any costs for
environmental cleanup or other response costs relating to the release or threatened
release of Hazardous Materials due to the Project on the Coast Hwy E Frontage or
the use or misuse of the Coast Hwy E Frontage by HOA. The term "Damages" shall
mean all liabilities, demands, claims, actions or causes of action, regulatory, legislative
or judicial proceedings, assessments, levies, losses, fines, penalties, damages, costs
and expenses, in each case as awarded by a court or arbitrator, including, without
limitation: (i) reasonable attorney's, accountant's, investigator's, and expert's fees and
expenses sustained or incurred in connection with the defense or investigation of any
such liability; and (ii) costs and expenses incurred to bring the Project into compliance
with Environmental Laws. The term "Damages" also includes, expressly, those
Damages that arise as a result of strict liability, whether arising under Environmental
Laws and regulations or otherwise. HOA's obligations hereunder will survive the
expiration or sooner termination of this Agreement.
9.3 General Indemnity and Hold Harmless.
9.3.1 To the fullest extent permitted by law, HOA shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents,
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
Page 5
7-8
volunteers and employees (collectively, the "Indemnified Parties") from and
against any and all claims (including, without limitation, claims for bodily
injury, death or damage to property), demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including, without limitation, attorneys' fees,
disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any
manner relate (directly or indirectly) to any breach of the terms and
conditions of this Agreement, any work performed or services provided
under this Agreement including, without limitation, defects in workmanship
or materials or HOA's presence or activities conducted on the Project
(including the negligent, reckless, and/or willful acts, errors and/or
omissions of HOA, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable, or any or all
of them).
9.3.2 Notwithstanding the foregoing, nothing herein shall be construed to require
HOA to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorney's
fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by HOA.
10. NOTICES
10.1 All notices, demands, requests or approvals, including any change in mailing address,
to be given under the terms of this Agreement shall be given in writing, and
conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
10.2 All notices, demands, requests or approvals from HOA to City shall be addressed to
City at:
To City: City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attention: Deputy Public Works Director
Phone: (949) 644-3319
10.3 All notices, demands, requests or approvals from City to HOA shall be addressed to
HOA at:
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
Page 6
7-9
To HOA: Cameo Community Association
c/o Powerstone Property Management
9060 Irvine Center Drive
Irvine, CA 92618
Attn: Jayme Morris, CCAM
11. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its final request
for payment under this Agreement, HOA shall submit to City, in writing, all claims for
compensation under or arising out of this Agreement. HOA's acceptance of the final payment
shall constitute a waiver of all claims for compensation under or arising out of this Agreement
except those previously made in writing and identified by HOA in writing as unsettled at the
time of its final request for payment. HOA and City expressly agree that in addition to any
claims filing requirements set forth in the Agreement, HOA shall be required to file any claim
HOA may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
12.1 Recitals. City and HOA acknowledge that the above Recitals are true and correct and
are hereby incorporated by reference into this Agreement.
12.2 Compliance with all Laws. HOA shall, at its own cost and expense, comply with all
statutes, ordinances, regulations and requirements of all governmental entities,
including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all work prepared by HOA shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
12.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein, whether of the same
or a different character.
12.4 Integrated Contract. This Agreement represents the full and complete understanding.
of every kind or nature whatsoever between the parties hereto, and all preliminary
negotiations and agreements of whatsoever kind or nature are merged herein. No
verbal agreement or implied covenant shall be held to vary the provisions herein. In
the event there are any conflicts or inconsistencies between this Agreement and any
other communication between the parties, the terms of this Agreement shall govern.
12.5 Interpretation. The terms of this Agreement shall be construed in accordance with the
meaning of the language used and shall not be construed for or against either party
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
Page 7
7-10
by reason of the authorship of the Agreement or any other rule of construction which
might otherwise apply.
12.6 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
of this Agreement shall continue in full force and effect.
12.7 Controlling Law and Venue. The laws of the State of California shall govern this
Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
12.8 Equal Opportunity Employment. HOA represents that it is an equal opportunity
employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
12.9 No Attorney's Fees. In the event of any dispute or legal action arising under this
Agreement, the prevailing party shall not be entitled to attorney's fees.
12.10 Counterparts. This Agreement may be executed in two (2) or more counterparts, each
of which shall be deemed an original and all of which together shall constitute one and
the same instrument.
12.11 No Third Party Beneficiaries. This Agreement is entered into by and for HOA and the
City, and nothing herein is intended to establish rights or interests in individuals or
entities not a party hereto.
12.12 Force Maieure. Except for the payment of money, neither party will be liable for any
delays or other non-performance resulting from circumstances or causes beyond its
reasonable control, including without limitation, fire or other casualty, Act of God, strike
or labor dispute, war or other violence, acts of third parties, or any law, order, or
requirement of any governmental agency or authority other than that of the parties.
12.13 Modification. Alteration, change, or modification of this Agreement shall be in the form
of a written amendment signed by both parties and approved as to form by the City
Attorney.
[SIGNATURES ON NEXT PAGE]
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
7-11
IN WITNESS WHEREOF, the parties are signing this Agreement as of the Effective Date.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 1 J / a 3 / a---
By:
Aaron C Harp
City Att rney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Will O'Neill
Mayor
CAMEO COMMUNITY ASSOCIATION, a
California non-profit mutual benefit
corporation
Date: 10 Jay laq
By:
Glenn elling, President
Date: k-0
By:
Frank Mokhtari, Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Depiction of Cameo Highlands
Exhibit B — Legal Description of 4709-4839 Cortland (the "Lots")
Exhibit C — Depiction of Coast Hwy E Frontage
Exhibit D — Project Plans
Exhibit E — Project Bid Summary
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
Page 9
7-12
Exhibit A
Depiction of Cameo Highlands
.w.i'+'.`'»r t 59 si^m%r�J�41 1
Ji'0 j ' p �fi� 645n '3, w '4
a'I$� CRY 1k7i�� Ia7 d 4d
Rive
Midi G 6 lamep
. ���dgbddi BSI �� �d4 1'49�� d�4V
�.'fdry4 J1 ndr..a�xJ1vu7 YeF q 6p���iIhd�Nj'r. '
a 1i 10 WIN D, a al ..
1.. 1,
y .e% yo is-
03, +,
�a„,> 1'94� r12P?Ir� d1E1�'1 �"R3'fd a4r!i' 1"�vIkIa�wJdi3 �. ,+ a 2' ®,� Jj "a
w � t5
16
(Tract No. 3519)
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
Page 10
7-13
Exhibit B
Legal Description of 4709-4839 Cortland (the "Lots")
Address
Legal Description
4709 Cortland Drive,
LOT 2 OF TRACT 3519 IN THE CITY OF NEWPORT
Corona Del Mar, CA
BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK
128, PAGES 18 TO 21 INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
4715 Cortland Drive
LOT 3 OF TRACT 3519 IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK
128, PAGES 18 TO 21 INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
4721 Cortland Drive
LOT 4 OF TRACT 3519 IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK
128, PAGES 18 TO 21 INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
4727 Cortland Drive
LOT 5 OF TRACT 3519 IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK
128, PAGES 18 TO 21 INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
4733 Cortland Drive
LOT 6 OF TRACT 3519 IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK
128, PAGES 18 TO 21 INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
4801 Cortland Drive
LOT 7 OF TRACT 3519 IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK
128, PAGES 18 TO 21 INCLUSIVE OF
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
Page 11
7-14
MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
4807 Cortland Drive
LOT 8 OF TRACT 3519 IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK
128, PAGES 18 TO 21 INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
4815 Cortland Drive
LOT 9 OF TRACT 3519 IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK
128, PAGES 18 TO 21 INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
4821 Cortland Drive
LOT 10 OF TRACT 3519 IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK
128, PAGES 18 TO 21 INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
4827 Cortland Drive
LOT 11 OF TRACT 3519 IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK
128, PAGES 18 TO 21 INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
4833 Cortland Drive
LOT 12 OF TRACT 3519 IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK
128, PAGES 18 TO 21 INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
4839 Cortland Drive
LOT 13 OF TRACT 3519 IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK
128, PAGES 18 TO 21 INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
Page 12
7-15
Exhibit C
Depiction of Coast Hwy E Frontage
(Aerial Photograph of Cortland Wall)
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
Page 13
(Photographs of Cortland Wall from Street View)
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
Page 14
7-17
Exhibit D
Project Plans
Cortland Noise Wall
Conceptual Landscape Design
along Pacific Coast Highway
8/22/2024
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
Page 15
7-18
Cortland Noise Wall with
Leptospermum `Dark Shadows' and L. petersonii
and Casuarina glauca `Cousin Itt' as the Groundcover
Cortland Noise Wall
Shrub and Groundcover Planting
with the Selected Leptospermum Trees
&A
W
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
Page 16
7-19
Current Suggested Plant Palette for the
Cortland Noise Wall Parkway
Trees
Shrubs
Groundcovers
pelerswii LsmuLdm lougifob `Breeze'
C:i-annn glauca `Cousin I.t l'
•Leptosperminn
Lemon Scented Tea Tree ■ Breeze Dwarf Mat Rush
Prostrate Swamp Oak
30 —Total Plants
210 —Total Plants
'�-"'� 435 —Total Plants
1
Leptospermum `Dark Shadows' Lnmandra longifolia `Platinum BeauW
• Dark Shadows Tea Tree
❑ Platinum Beauty
19--XQ.M _ I nt
?R-.Istal-Pl:�twtn
Scientific -Name
Common Name
Manue Size
Description
1jght
Blooms
Water
Photo
Lepmq,eMnam ptm,aai:Umon S[mtea Tea T—, Thu.:
Ivl•pvmwe nnpnn. oprrvo,.al:nl,h,vb «,mll bra m 8-:0
Lunen S—M
:6 hTaa
Aar rail mR. ro: atA ntnnro h+,k aM rnra. r.,ams , _ v.[h
Tn T,«
6I5RRiN
ynp yr�wl:+-barE.°id<palr prn+lncn. Tlu slilr<Q°.n,
lw 5®
SpouB'S,mnw
l.m+
r.,h pm, rnarn, b.rnm an amm<, na archnp. peaW�:°n
iepra,pem:um ba,k Shwa '-AA,r aro'ainj.^„.*«vaYa
InnkM mnI be<nat mMes ,q ro I f het to ar 9 bn+,ae
cam r ,k I«rtf: gra: hnk nMh«tj, antarhn u Mnacr,,hr mon
,tvwnp vprn ar nu, pbm n :n IaWpe tf W,,kvNe,pran et
.we'part ie:Lal
R T<e
«p.tt rr+
- � � f[-�
�'9 ft!ri:b
R,°� C
, Bch bn a,rk ehrc •n,: ra:i, M t ve a,:ara a dah
[iu Sm
ipn:p• Sm,.ar•
W
PlantMaterial
°«ta nttr+°i Wr rvwp•ulr,r r:.. nmr hJl,°+t le Mr
Selected for
3,1 utAl uu4 4'ns„
A lagh. ea,rt r. pan.Wrplv+l lra m„}tlwtuy,,. Aal
the Pacific
wadmb �Su'&••i;
neenr
J'T,II
F°:'-rn
I'u:s2. waf°liape�
I.e'
Coast
Dr ,r alat 0.nh
T.Ce
.p,n rae,vil vrrma,r•r �n:n.cpe a«I br-perr..p a_raa
Pl h,iSm
ECM�abY:e iJFaWmSnr
Hi�<
VVa
f.'aur;ntA Wnf}lu lhtL. A4lvtd ranpent pa:, Lr:
Beautification
u.<[ c,-�r „rh:m rr.:u.l,mp<a«I.,.M[r •", p«. TL<Irarn v<
3T+ll
rn v llr rrr.�n e: r_ plain vd tarn vru pveh+ar mrh
Fw.6m
IRiaA
Corridor
nvfm aka'u Tb'!rva &N~•'Plapm,n
7ka,8r
4.
aa, hr pn:::! i,.n4 Man lrma..'va.,M!h,tp, yr
;L�
fcr MLaq
Lo+
„Mnnpyampdn:qu tan [rnp, m.
Nrsnv,l`e Irrro: an n n.rr,-a:,a-.nrpama. [h, ,rp<n
e7im+.n„t rt n , rmimerr. n wmr. �ntarnvr mm, mmra
tYor, ¢ob toallRMun air, tamaCAa i7rpfnlia+pmn, atk
_
. ,v p+::r eaun II Pm„nre 6carra o+t; -A,:
,ia<arl�a>V rrrr,rna[h-r l>a grera,>b r:crtai<n �hlH, Mir
=
m>1nA, asp re 1 feat R3 �sbtr< pWnRA ara Mltn :pnA,
I
..rrau
-'a'A'rraA: mrra rMe grmad r«ao;«n c.Ar«me[e
G.�:ann S.ara'C'u:.:v L•'
Pt«mte ;a�nq Oak
r.5, t'Mr
uiet erputra&•LY bWt-tteN loGagt Reel:ueo,.^tepevted
dusWn: ralladdWcda rWt wrn `ue par.b,wuhadzanul
FWISm
ti..i
Lav
mn. 4lgpap nit pw°"1 [o „rhlca'n,°rL vaut muaAr °rn
uaa, «eM:n vnxat untie,. 7laa ,ds[nmin, hnp 4mm
<WKaWuar.A,a-n am ar'a:..«W[
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
Page 17
7-20
I. PRODUCTION OF FINISHED PRODUCT:
II. GENERAL CONDITIONS:
Exhibit E
Project Bid Summary
CAMEO HIGHLANDS - PCH SOUTH
LANDSCAPE REFURBISHMENT
Bid Worksheet Recap
Subtotal
III. MARKUPS & MARGINS:
A. Sales tax
B. Labor burden
C. Prevailing Wage Admin
7-Oct-24
MAT LABOR EQUIP SUBS
$40,511 $29,814 $3,949 $48,720
$0 $4,747 $1,866 $0
$40.511 $34,561 $5,815 $48,720
$3,140
$12,096
$2,500
Subtotal $43.651 $49,158
Total Direct Costs
C. Indirect Overhead
Subtotal (Direct Costs + Overhead) Breakeven Pant
D. Contingency Factor 5%
E. Profit
F. Fired Price For The Job
$5,815
$48,720
$147,343
$163,779
$4,000
$15,424
$190,658
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
Page 18
7-21