HomeMy WebLinkAboutC-867 - City finance contractor, storm drain in Mariners Drive1
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LJ63 (7)
CONTRACT FOR 'ITY FINANCIAL CONTRIBUTION
TO THE COST OF CONSTRUCTING STORM DRAIN
IN MARINERS DRIVE
THIS CONTRACT, made and entered into
li� , 1963, by and between the CITY
hereinafter referred to as "City ", and the BAYi
C
COMPANY, a copartnership, hereinafter referred
�A
this �; day of
OF NEWPORT BEACH,
,REST DEVELOPMENT
to as "Baycrest ";
WITNESSETH•
WHEREAS, Baycrest has entered into certain contracts for
the construction of storm drainage facilities in Mariners Drive
between Commodore Road and the flood control channel in Dover Drive
in the City of Newport Beach as shown on a map attached hereto,
marked Exhibit "A ", and incorporated herein by reference; and
WHEREAS, Baycrest is the subdivider of Tracts 3763 and
3764 which are located in the West Bluff area of the City, norther
of Mariners Drive and easterly of Highland Drive; and
WHEREAS, the final subdivision tract map for Tract 3764
was approved by the City Council subject to the condition, among
others, that the subdivider pay the cost of constructing the
necessary drainage facilities to serve the areas included within
Tracts 3763 and 3764; and
WHEREAS, City desires to connect several additional
drainage inlets to the storm drainage facilities which Baycrest is
obligated to construct; and
WHEREAS, said additional drainage inlets will serve to
provide drainage for storm waters originating in tracts which were
developed previously to Tracts 3763 and 3764; and
WHEREAS, City desires to reimburse Baycrest for the costs
involved in constructing said additional drainage inlets;
NOW, THEREFORE, the parties agree:
1. City agrees to contribute the sum of two thousand
four hundred eighty -three dollars and thirty -three cents ($2,483.
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to Baycrest as its sha_-� of the cost of said storm drainage facili-
ties. City's share of the costs is allocated on the following
basis (all references are shown on Exhibit "A "): i
Item
100°! of C.B. #5 $ 850.00
10010 of 12 LF 15" RCP in connection
with C.B. #5 180.00
33% of C.B. #6 283.33
33% of 28 LF 15" RCP in connection
with C.B. 916 140.00
100% of C.B. #7 850.00
100% of 12 LF 15" RCP in connection
with C.B. #7 180.00
Total $2,483.33
2. City will pay said sum to Baycrest upon completion
of said storm drainage facilities to the satisfaction of the Public
Works Director of the City of Newport Beach.
3. Baycrest agrees to accept said sum in full satis-
faction of City's share of the cost and to make no further claim
or demand upon City in connection with said storm drainage facili-
ties.
4. Baycrest agrees to hold City harmless from any and
all claims, demands, causes of action, costs, liability or judg-
ments arising out of or connected with the construction of said
facilities.
IN WITNESS WHEREOF, the parties have executed this
contract as of the day and year first above written.
CITY OF MRORT �BEACH J
ATTEST: By �.Q�E� {qQ%l�
( mayor
City Clerk
BAYCREyg, .DEVELOPMEN C(m Y
By
By
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CITY OF NEWPORT. BEACH DRAWN -SaC; - DATE -.7' 7'63
PUBLIC WORKS DEPARTMENT! APPROVED
PUBLIC WORKS DIRECTOR
!T!1A IlV €f1S 17 /.(1 'SZ�,(e'11'L D2AlN I.E. NO.
ORAWINS ._Na
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t:WOMRSAS. Baycrest �iopment Company J*%having stow
A
drainage faciull" constructed in Mariner# Drive between Commodore
Road and the flood smstrel chamsl in Donuts Drive Is the City of
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c (12) •
- RESOLU . 5839
4 COUNCIL OF TIM CITY Of
iFAItT TH19 OTIOH OF A
GtRI'1BACr FVWPCIAL COU'f ICN TO Tel
COST OF STOM �•IC MARIVIRS
Newpwt Bench to serve the areas included within Tracts 3763 and
3764 behq subdivided by said company; and
WHEREAS. it is desirable for the City to comMet several
additional drainage inlets to said atems drainage facilities to
provide drainage for atom waters originating is; >sttacts developed
previously to Tracts 3763 and 3764; and
WHERF.ABP a contract bas been prapgted under which the
City would contribute the sum of $2,483.33 as its share of the
cost of said storm drainage facilities to pay for the construction
of said additional drainage inlets; and
WHEMUp the City Couseil has reviawad the tmias of said
contract and found the same to be fair and equitable;
I WO TROXFORRO U IT IMMU that the Xnyor and City
Clark are autherisad and directed to execute the same an behalf of
the City of Newport Beach,
ADOPTZD this 12th day of Auggus�t, 1%3.
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C6MDAO "t CITY Z
� ISM &STWX MAIN
TM C .tier
Cfa " and entered into s 1 f drY of
11"3, bf, �lund between the CM ,
btreinaf e ' iea CIS "Cite and the MMM AORAMW
viii, a copaxt ship, heroi*kjter rafisrted to eta "Bsycrest" j
e. x
s
u1i BAS, Baycxast hu entered into eartain. atontracts for
the construction rs drainage facilitiO& in X$r sae's Drive
between Commodore Road and the flood OQQti'a 0.410061 Is Down fltiv's
In the City of Newport Beach as show an ait+ished hsrotos
marked Exhibit "A", and incorporated hereia ►y refox0o e; and
WHEREAS, Baycrest is the subdivides of Tracts 3763 and
3764 which are located in the West aloft 0*9 of tU City, aostharly
1611 of Mariners Drive and easterly of lliSbjtsd eve ;; and
17' wHuw, the final svbdiviaism. tact mp lent ,T tat 3764
181 ms approved by the City Counail. subject to the conditions aauatsg
191 otherst that the subdivider gay the cost of constructing the
20 necessary drainage facilities to serge the areas iaclsdod within
21 Tracts 3763 and 3764; and
221 fig, City desires to coca "t several a4ditional
23i drainage inlets to the at*= drainage facilities which Baycrest is
241 obligated to construct; and
25j VURUSs said additional dtaisago inlets will serve to
26 provide drainage for atola[ 'Meters originating fit theta Whi4h were
27 developed provioasly to Tracts 3763 and 376$; and
28 VMMMs City desires to udWmx" Bayrarost for the costs
29 j iavolvod In ccostrueting said additional draimse inlets;
30 ON, TEMIMXO the parties ap�"t
31 1. city agrees to contribute the am of two thousand
321 four hundred eighty -thseo dollars and thirty -throe cents ($2,483.33)
0
1 to 1870 -1 at as its share of the ,: @oat of said storm drainage SUM- i
2 ties- City's shape of the costs is allocated on the following
3:1 basis (all refexawas are shown on Exhibit "4 ")S
4 jl Its
5 100% of C.E. #5 850.00
6 100% of 12 LF ?3!9 3a in connection
7 it
with C.B. #5 180.010
33% of C.B. #6 28.3.1
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, 33% of 28 LF 1511 RCP in connection
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with C.B. #6 140.00
10 100% of C.B. #7 8S0.dp
11 100% of 12 LP 15" RCP in connection
12 with C.B. #7 00
13 Total 320483.33
14 2. City will pay said sum to Baycsest use completion
15 of sail storm drainage facilities to the satisfaction of the Public
16 Works Director of the City of Newport Beach.
17 3. Baycrsst agrees to accept said am in lhli satis-
18 faction of City s share of the cost and to aabe no further claim
19I or demand upon City in connection with said storm drainage facili-
20 ties.
21 4. "root agrees to hold City ."lass from any and
22 all claims, demands, causes of action, costs, liability or judg-
23 seats arising out of or connected with the construction of said
24 facilities.
25 IN WITIMSS WMMOF, the parties have executed this
26 contract as of the day and year first above written.
27 CITY OF R9W- RT E ACH
28I TTSIT:
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CITY OF NEWPORT BEACH
SAWN -i%ar - DATE -- 7-17 -63
APPROVED
PUBLIC WORKS DEPARTMENT,
�Y1 112 /hlEi�S` 6770RA DRAIN
f
PUBLIC WORKS DIRECTOR
R.E. NO.
DRAWING NO.
I
city Clerk
August 20, 1963
Assistant Public Works Director
City Clerk
Baycrest Development Co.lk Contract
Attached is a fully executed copy of an agreement
with Baycrest Development Co. for City financial
contribution to the cost of constructing a storm
drain in Mariners Drive.
MS :mm
Enclosure
0
TO: Finance Director
FROM: City Clerk
SUBJECT: Contract
•
Date—Am" IL9. IM3
Contract No, "7
Authorized by Resolution No.- 122g_, adopted on Awg"& I- : "1
Date Mayor and City Clerk executed Contract Ai get 1-S 1-961
Effective date of Contract AnIptair I SO 1961
Contract with t 1 41 �* eA 4
Address &A Let Mast 21.8bw
Cftvaa dot Kw a 04iftruia
,Brief description of Contract.. the
4"t of ""Um"Iss a ON= drain JLU NWIM" Drive a
Amount of Contract 12A2.22
Cify Clerk
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CITY OF NEWPORT BEACH
PUBLIC WORKS
DEPARTMENT
NO.
TO: CITY CLERK
FROM: PUBLIC 'WORKS DEPARTMENT
i
Dace AUGUST 9, 1963
SUBJECT: AGREEMENT WITH BAYCREST DEVELOPMENT CO. FOR CONSTRUCTION
OF MARINERS DRIVE STORM DRAIN
ATTACHED ARE THE ORIGINAL AND TWO COPIES OF SUBJECT AGREEMENT
THAT HAVE BEEN EXECUTED BY BAYCREST DEVELOPMENT CO.
PLEASE PRESENT THE RESOLUTION PREPARED BY THE CITY ATTORNEY
AUTHORIZING THE EXECUTION TO THE CITY COUNCIL FOR THEIR
CONSIDERATION.
b U, (,)
ATTS.
DCS:vs
C17Y OF
EAC I963
�(IT I
To: City Clerk
From: City Attorney A
Subject: Contract with Eayerest.Development Caepany
Forwarded is a copy of the r. osed contract with -$ayerest
Development Company under w= the City would contribute '
to _the cost of the construction of storm drains a facilities°
in Mariners Drive as previously authorized by the city Council:
The original and two copies are :being traaXtted to the Public-. _
Works Director to obtain their execution.by the developer:_an.d
return.to the City Clerk.
Attached is a resolution which, if adopted by the city co�uxcil,
will authorize execution of the contract on-behalf o he City.
It is requested that this matter be submit to the -Cfty Council
for consideration.
Walter N. Charamza
City Attorney
BY
THS :mec ABA stant.0 tp Attorney
Sacs. _
cc - City Manager
Public Works Director
Twa4
. %w
August S, 1%3
To: Public Works Director
From: City Attorney
Subject: Contract with Saycrest Development Company
Forwarded are the original and two copies of the propoW
contract with Daycrest Development Company nder which the
City will share the cost of firs construction of stores"
drainage facilities in !Mariners Drive in connection with
the development of Tract 3764. If satisfactory, the con-
tract should be submitted to Sayarest for execution and
thereafter transmitted to the City Clerk.
A resolution apppprasing the contract and authorising its
execution by the City is being transmitted to the City Clerk
for presentation to the Council.
TNS:mec
Baca.
CC • City VAURgOr
City Clark ✓
Halter W. CBarasma
City Attorney
By bus
Assistant City Attorney