HomeMy WebLinkAboutC-3486 - Landscape Maintenance of Street Median Improvements (La vida Median between University Dr and La Salud)October 23, 2001
CITY COUNCIL AGENDA
ITEM NO. 11
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: APPROVAL OF AGREEMENT BETWEEN THE CITY AND THE NEWPORT
HOMEOWNERS ASSOCIATION FOR LANDSCAPE MAINTENANCE OF
STREET MEDIAN IMPROVEMENTS
RECOMMENDATIONS:
1. Approve an agreement with the Newport Homeowners Association for maintenance
of street median improvements on the median in La Vida between University Drive
and La Salud.
2. Authorize the City Manager to Execute the Agreement.
3. Authorize and direct the City Clerk to have the Agreement recorded with the Orange
County Recorder.
DISCUSSION
The Newport Homeowners Association has maintained the median in La Vida since 1988
when Tract No. 12271 was completed. The Association was not required to maintain the
median improvements with the development of the tract and has requested that the City
and Association enter into an Agreement for the maintenance of the street median
improvements.
The City has agreed to plant, trim, and provide pest control for 11 Golden Medallion trees in
the street median. The Newport Homeowners Association has agreed to maintain the turf
and pay for the irrigation of the median improvements.
The attached Agreement has been reviewed and is acceptable to the General Services
Department.
Respectfully milted,
PUBL WORKS DEPARTMENT
Stp en G. Badum, Director
By: 46LCVw(. -
Richard L. Hoffstadt, P.E. lkd &CQ?—
Principal Civil Engineer
Attachments: Landscape Maintenance Agreement
Exhibit showing median location
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Space above this line for Recorder's use only.
LANDSCAPE MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into this day of
2001, by and between Newport Homeowners Association; hereinafter "OWNER ", and the City
of Newport Beach, California, a municipal corporation organized and existing under and by
virtue of its Charter and the Constitution and the laws of the State of California, (hereinafter
"CITY "),
WITNESSETH:
WHEREAS, CITY administers certain public street right -of -way located in the City of
Newport Beach, County of Orange, State of California, which rights -of -way are more
particularly described as La Vida between University Drive and La Salud and depicted on
Exhibit "A" hereto and by this reference incorporated herein ('Right -of Way "); and
WHEREAS, OWNER owns a portion of that certain real property located on the
southwesterly corner of University Drive and La Vida in the City of Newport Beach, County of
Orange, State of California, which real property is more particularly described as Tract No.
12271 as shown on a map recorded in Book 563, Pages 1 through 8 inclusively of
Miscellaneous Maps in the office of the County Recorder of Orange County, California and
which real property is contiguous to the aforesaid Right -of -Way: and
WHEREAS, said street Right -of -Way also contains public utility easements; and
WHEREAS, CITY has sewer, water, street lights and storm drain facilities located within
said Right -of -Way; and
WHEREAS, the parties desire to enter into an agreement providing for the planting and
maintenance of street median improvements in La Vida (hereinafter PERMITTED MEDIAN
IMPROVEMENTS), in Right -of -Way containing utility facilities;
i
NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree
as follows:
1. It is mutually agreed that "PERMITTED MEDIAN IMPROVEMENTS shall be
defined as 11- 24" box container size Golden Medallion trees and turf.
2. CITY shall plant, trim, provide pest control and maintain 11 Golden Medallion
trees in accordance with general prevailing standards of maintenance in the surrounding area,
and to pay all cost and expenses incurred in doing so.
3. OWNER shall plant, water, fertilize and maintain turf and maintain the irrigation
system and appurtenances incidental thereto, within median. CITY will further allow OWNER
to take all reasonable measures necessary or convenient in accomplishing the aforesaid
activities.
4. OWNER shall water and fertilize the street median trees.
5. OWNER shall pay for the water to irrigate PERMITTED MEDIAN
IMPROVEMENTS
6. OWNER shall protect the trees from damages caused by mower and line trimmer
equipment
7. OWNER and CITY further agree as follows:
(a) OWNER shall maintain the aforesaid PERMITTED MEDIAN
IMPROVEMENTS, except for the 11 Golden Medallion street median trees, in accordance with
general prevailing standard of maintenance in the surrounding area, and to pay all cost and
expenses incurred in doing so. However, nothing herein shall be construed to require
OWNER to maintain, replace or repair any utilities or CITY -owned pipeline, conduit or cable
located in or under said non - standard street median improvements
(b) Rights granted under this Agreement may be terminated by CITY at any time
by giving 60 days' notice, specifying in said notice the date of termination. CITY shall incur no
liability whatsoever in the event of the termination of this Agreement, or subsequent removal of
improvements by CITY.
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(c) OWNER may terminate this Agreement at any time by giving 60 days' notice,
specifying in said notice the date of termination. Owner shall incur no liability whatsoever in
the event of the termination of this Agreement.
(d) Should 9 dangerous or defective condition occur in the PERMITTED MEDIAN
IMPROVEMENTS (excluding the utilities and City -Owned improvements), OWNER
understands and agrees that they are responsible for such condition, and further agrees to
proceed immediately to correct the condition.
(e) CITY reserves to itself the right to make such emergency repairs to the
improvements in the street median as CITY deems necessary for the immediate protection of
the public health and safety. OWNER agrees to promptly reimburse CITY for the reasonable
costs and expenses incurred by CITY in affecting such emergency repairs.
(f) That should the CITY be required to enter onto said RIGHT -OF -WAY to
exercise its primary rights associated with said RIGHT -OF -WAY, including but not limited to,
the maintenance, removal, repair, renewal, replacement or enlargement of existing or future
public facilities or improvements, CITY may remove portions of the PERMITTED MEDIAN
IMPROVEMENTS, as required, and in such event:
(i) CITY shall notify OWNER of its intention to accomplish such work,
if any emergency situation does not exist.
(ii) OWNER shall be responsible for arranging for any renewal or
restoration of the PERMITTED IMPROVEMENTS affected by such work by CITY, except for
any required tree replacement;
(iii) CITY agrees to bear only the cost of any removal of the
PERMITTED MEDIAN IMPROVEMENTS affected by such work by CITY, along with any
required tree replacement;
(iv) OWNER agrees to pay all costs for renewal or restoration of the
PERMITTED MEDIAN IMPROVEMENTS, except for tree replacement.
5. In the event either party breaches any material provision of this Agreement, the
other party at its option may, in addition to the other legal remedies available to it, terminate
this Agreement, and, in the event the breaching party is OWNER, CITY may enter upon the
RIGHT -OF -WAY and remove all or part of the improvements installed by OWNER.
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Termination because of breach shall be upon a minimum of ten (10) days' notice, with the
notice specifying the date of termination. In the event of litigation commenced with respect to
any term of condition of this Agreement, the prevailing party shall be entitled to reasonable
attorneys fees and costs incurred.
6. OWNER shall defend, indemnify, waive, and hold harmless CITY, its City Council,
boards and commissions, officers and employees from and against any and all loss, damage,
liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees
(when outside attorneys are so utilized), regardless of the merit or outcome of any such claim
or suit arising from or in any manner connected with the design, construction, maintenance, or
continued existence of the PERMITTED MEDIAN IMPROVEMENTS.
7. CITY shall defend, indemnify, waive, and hold harmless OWNER from and against
any and all loss, damage, liability, claims, suits, costs and expenses whatsoever, including
reasonable attorneys' fees (when outside attorneys are so utilized), connected with the design,
construction, maintenance, or continued existence of the 11 Golden Medallion street median
trees planted by the City.
8. OWNER agrees that this Agreement shall remain in full force and effect from
execution thereof; shall run with the land; shall be binding upon the heirs, successors, and
assigns of OWNERS' interest in the land whether fee or otherwise, and shall be recorded in
the Office of the County Recorder of Orange County, California.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on
the day and year first -above written.
APPROVED OP
By: City Attorney
ATTEST:
City Clerk
O
CITY OF NEWPORT BEACH,
a Municipal corporation
City Manager
OWNER:
By:
Newport Homeowners Association
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On 2001, before me,
personally appeared , personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is /are subscribed to the within instrument and acknowledged to me that
he /she /they has executed the same in his /her /their authorized capacity(ies), and that by
his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(This area for official notarial seal)
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On 2001, before me,
personally appeared , personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is /are subscribed to the within instrument and acknowledged to me that
he /she /they has executed the same in his /her /their authorized capacity(ies), and that by
his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(This area for official notarial seal)
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