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HomeMy WebLinkAboutC-901 - Reimbursement for cost of constructing improvements in Balboa Boulevard from 32nd Street to 21st PlaceS mec� 2 /64 (7) 1 CONTRACT FOR REIMBURSEMENT OF CITY FOR COSTS OF CONSTRUCTING IMPROVEMENTS 2 3 THIS AGREEMENT, entered into this day of March, 4 1964, by and between the CITY OF NEWPORT BEACH, a municipal corp 5 tion, hereinafter referred to as "City", and HAROLD S. THOMPSON, 6 hereinafter referred to as "Owner "; 7 WITNESSETH: 8 WHEREAS, City intends to enter into a contract providing 9 for the construction of certain public improvements in Balboa 10 Boulevard from 32nd Street to 21st Place and has published a 11 notice dated February 6, 1964, inviting bids for said project; and 12 WHEREAS, Owner is the owner of that certain parcel of 13 1 real property described as Lot 1, Block 129, Lake Tract 14 15 which said property is adjacent to Balboa Boulevard and within the 16 area of the public improvement project referred to above; and 17 WHEREAS, it is the policy of City to require the owners 18 of real property abutting on public streets to provide curbs, 19 gutters and parking lanes in the portion of said public streets 20 adjacent to their property at the expense of said owners; and 21 WHEREAS, Owner has.requested City to provide for the con- 221 struction of curb, gutter and parking lane adjacent to his above - 23 described property and is willing to reimburse City for the cost 2411 of said improvement; 25 NOW, THEREFORE, the parties hereto, in consideration of 26 their mutual promises and for other good and sufficient considera- 27 tion, agree as follows: 28 1, In the event City enters into a construction contrac 29 for the improvement of Balboa Boulevard from 32nd Street to 21st 30 Place, City agrees to include in such contract provision for the 31 construction of curb, gutter and parking lane in Balboa Boulevard 32 adjacent to Owner's property in accordance with the Standard 11 2 3 41 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31' 32 Specifications of the City of Newport Beach, City of Newport Beach Drawing No. R- 5014 -S, and the "Special Provisions for the Improve- ment of Balboa Boulevard from 32nd Street to 21st Place ", all of which documents are on file in the office of the City Public Works I Director. 2. Owner agrees to reimburse City for the cost of constructing the improvements described in paragraph 1 of this contract. The exact amount to be paid by Owner will be determined by the City Public Works Director on the basis of the unit prices for the work submitted in the bid of the contractor who is awarded the contract. 3. The terms.of payment by Owner shall be as follows; One -third (1/3) of the total amount shall be due thirty (30) days after the notice of completion for the project is recorded in the office of the County Recorder. One -third (1/3) of the total amount, plus six per cent (6 %) interest on the unpaid balance, shall be due one (1) year after the recording of the notice of completion. The final one -third (1/3), plus six per cent (6%) of the unpaid balance., shall be .due two (2) years after the recording of the notice of completion. Owner shall have the right to accelerate his payments and, if he does so; the interest payable,shall be reduced propor- tionately. All payments shall be made to the City Finance Director. 4. In the event that Owner shall default in whole or in part on any payment and such default continues for more than thirty (30) days, the entire balance owed to City shall become due and payable, and City shall have the right to recover all costs of collection, including attorney's fees. IN WITNESS WHEREOF, the parties hereto have executed this a ,,. 2y 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 contrA6t as of the day and ye irst above written. CITY OF RT BEACH By��. — Ma yor Attest: 3. CITY HAROLD S. H OWNER 2/28/64 (7) • CONTRA . . . �Tft ! CT Y JMR MT O. M" M S0O . 2 3 THIS AGRMWMM, entered into :thin.;r6 day of March, 4 1964, by and..betwean the CITY OF MMMT 'VACH, a municipal corpora, 5 tion, hereinafter referred to as 'City ", and HAROLD S, TMM=Io 6 hereinafter referred to as: >''Qrner "; 7 WITNESS8?Ht. 8 IMMS, City'intends.,to enter into a contract providing 9 for the construction of certain public improvements in Balboa 10 Boulevard from 32nd Street to 21st Place -and has published* 11 notice dated February 6, 1964, inviting bids I)r said project; and 12 WHEREAS, 0wner is the owner of that certain parcel of. 13 real property described as Lot 19 Block 129, Lake Tract NIV. 15 which said property is adjacent to Balboa Boulevard and within the 16 area of the public improvement project referred to above; and . 17 WHEREAS, it is the policy of City to require the owners 18 of real property abutting on public. streets to provide curbs, 19 gutters and parking lanes in the portion of said public streets 20 adjacent to their property at the expense of ahid owners; and 21 WHEREAS, Owner has requested City to provide for the con - 22 struction of curb, gutter and parking lane adjacent to his above - 23 described property and is willing to reimburse City for the cost 24 of said improvement; 25 NOW, THRREFORE, the parties hereto, in consideration of 26 their mutual promises and for other good and sufficient considera- 27 tion, agree as follows: 28 1. In the event City enters: into a construction contract 29 for the improvement of Balboa Boulevard from 32nd Street to 21st 30 Place, City agrees to include in such contract provision for the 31 construction of curb, gutter and parking lane in Balboa Boulevard 32 1 adjacent to owner's property in accordance with the Standard 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 �II 251 26 27 28 29 301 311 321 Specifications Of the City of Newport Beach, City of Newport Beach Drawing No. R- 5014 -S, and ibe "Special Provisions for the Improve - ment of Balboa Boulevard from 32nd Street to 21st Place ", all of which documents are on file in the office of the City Public Works Director. 2. Owner agrees to reimburse City for the cost of constructing the improvements described in paragraph 1 of this contract. The exact amount to be paid by Owner will be determined by the City public Works Director on the basis of the unit prices for the work submitted in the bid of the contractor who is awarded the contract. 3. The terms of payment by Owner shall be as follows: One -third (1/3) of the total amount shall be due thirty (30) days after the notice of completion for the project is recorded in the office of the County Recorder. One -third (1/3) of the total amount, plus six per cent (6%) interest on the unpaid balance, shall be due one (1) year after the recording of the notice of completion. The final one -third (1/3), plus six per cent (6 %) of the unpaid balance, shall be due two (2) years after the recording of the notice of completion. Owner shall have the right to accelerate his payments and, if he does so, the interest payable shall be reduced propor- i tionately. All payments shall be made to the City Finance Director. 4. In the event that Owner shall default in whole or in part on any payment and such default continues for more than thirty (30) days, the entire balance owed to City shall become due and payable, and City shall have the right to recover all costs of collection, including attorney's fees. IN WITNESS WHEREOF, the parties hereto have executed this 1 2 4 5 6' 7 8 10 11 12 13 14 15 17 19 20 21 22 23 24 25 26 27 28' 29 30 31 32 e0utract as of the day and year first above written. CITY OF NE6 ORT '$EACH By :/ Mayor Attain CITY s owm S. 8 WHI REAS, City intends to enter into a contract providing 9 for the construction of certain public iuprovements in Balboa 10 Boulevard from 32nd Street to 21st Place and has published a 11 notice dated February 6, 1964, inviting bidsibr said project; and 12 WOOS, Owner is the owner of that certain parcel of 13 real property described as Lot 1, Block 129, Lake Tract 14 , 15 which said property is adjacent to Balboa Boulevard and within the 16 area of the public improvement project referred to above; and 17 WHERUS, it is the policy of City to require the owners 18 of real property abutting on public streets to provide curbs, 19 gutters and parking lanes in the portion of said public streets 20 adjacent to their property at the expense of said amoral and 21 WOWS, Owner has requested City to provide for the con - 22 struction of curb, gutter and parking lane adjacent to his above- 23 described property and is willing to reimburse City for the cost 24 of said improvement; 25 NOW, THIMXFORE, the parties hereto, in consideration of 26 their mutual promises and for other good and sufficient considera- 27 tion, agree as follows: 28 1. In the event City anters into a construction contras 29 for the improvement of Balboa Boulevard frost 32nd Street to 21st 30 Place, City agrees to include in such contract provision for the 31 construction of curb, gutter and parking lane in Balboa Boulevard 32 adjacent to Owner's property in accordance with the Standard ... i 64 (7) • y 1 CONTRACT rm R8I!lBBy3omm oy CIT? FOR COSTS OF CONST'RBf." OG IiiPROY!!B!illE 2 3 THIS Ate, entered into this day of March, 4 19641 by and between the CITY OF NZOPOU BEACH, a municipal carp 5 tion, hereinafter referred to as "City", and HAROLD S. THOMPSON, 6 hereinafter referred to as "Owner "; 7 WITNESSETH 8 WHI REAS, City intends to enter into a contract providing 9 for the construction of certain public iuprovements in Balboa 10 Boulevard from 32nd Street to 21st Place and has published a 11 notice dated February 6, 1964, inviting bidsibr said project; and 12 WOOS, Owner is the owner of that certain parcel of 13 real property described as Lot 1, Block 129, Lake Tract 14 , 15 which said property is adjacent to Balboa Boulevard and within the 16 area of the public improvement project referred to above; and 17 WHERUS, it is the policy of City to require the owners 18 of real property abutting on public streets to provide curbs, 19 gutters and parking lanes in the portion of said public streets 20 adjacent to their property at the expense of said amoral and 21 WOWS, Owner has requested City to provide for the con - 22 struction of curb, gutter and parking lane adjacent to his above- 23 described property and is willing to reimburse City for the cost 24 of said improvement; 25 NOW, THIMXFORE, the parties hereto, in consideration of 26 their mutual promises and for other good and sufficient considera- 27 tion, agree as follows: 28 1. In the event City anters into a construction contras 29 for the improvement of Balboa Boulevard frost 32nd Street to 21st 30 Place, City agrees to include in such contract provision for the 31 construction of curb, gutter and parking lane in Balboa Boulevard 32 adjacent to Owner's property in accordance with the Standard ... i k 1 popifications of the City of Newport $each, ;city of Newport Beach 2 Dx+"ft lo. R- 5014 -8, and the "Special Provisions for the Improve - 3 Sent of'Balboa Boulevard from. 32nd Street to 31st Place ". all of 4 which documents are on file in the office of the City public Works 5 ptreetor. 6 .'.3o 0imer agrees to reimburse City for. the cost of 7 constru*iag the improvements described in paragrapb 1 of this 8 contract. The exact amount to be paid by Owner Will be determined 9 by the City public Works Director on the basis of the unit prices .0 for the Work submitted in the bid of the contractor Who is awarded 11 the contract. 12 3. The terms of payment by Owner shall be as followas 13 One -third (1/3) of the total amount shall be due 14 thirty (30) days after the notice of completion for the 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 project Is recorded in the office of the County Recorder. One -third (1/3) of the total amounts, plus six per cent (6%) interest an the unpaid balance, shall be due one (1) year after the recording of the notice of ccmplation. The final one -third (1/3). plus six per cent (6Z) of the unpaid balance, shall be due two (2) year &. after the recording of the notice of completion. Owner shall have the right to accelerate his payments and, if he does so* the interest payable shall be reduced propor- tionately. All payments shall be made to the City finance Director. 4. In the event that owner shall default in Whole or in part on any payment and such default continues for more than thirty (30) days, the entire balance owed to City shall become due and payable. and City shall have the right to recover all costs of collection, including attorney's fees. IN WITNESS WHEREOF, the parties hereto have executed this 3 I 1 contract as of the day atp year first above written. 2 CITY OF N ORT. H 4 5 Attest: 6 riy rc"` 7 CITE' 8 9 son 10 11 Aim 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 !. THS:mec • 3/2/64 (10) RESOLUTION NO. 5936 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF A CONTRACT FOR REIMBURSEMENT OF CITY FOR COSTS OF CONSTRUCTING IMPROVEMENTS WHEREAS, the City intends to enter into a contract pro- viding for the construction of certain public improvements in Balboa Boulevard from 32nd Street to 21st Place and has invited bids for said project; and WHEREAS, MROLD S. THWSON , the owner of certain real property adjacent to Balboa Boulevard and within the area of said public improvement project, has requested the City to provide for the construction of curb, gutter and parking Lane adjacent to his property and is willing to reimburse City for the cost thereof, in accordance with the policy of the City requiring owners of real property abutting on public streets to provide such improvements at their own expense; and WHEREAS, a contract between the City and MAROLD S• TH"SON has been presented to the City Council by the terms of which the City would include the improvements requested by the property owner in its construction contract for said public improve- ment project and the property owner would reimburse City therefor in installments as provided in said contract; and WHEREAS, the City Council has reviewed said contract and found the same to be fair and equitable; NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk be and are hereby authorized and directed to execute said contract on behalf of the City of Newport Beach. ADOPTED this 23d day of March, 1964. Mayor ATTEST: ty Clerk LI TO: Finance Director FROM: City Clerk SUBJECT: Contract Contract No, C -901 0 Date April 1, 1964 Authorized by Resolution No. 5936 , adopted on March 23, 1964 Date Mayor and City Clerk executed Contract March 26, 1964 Effective date of Contract March 16, 1964 Contract with Harold S. Thompson Address Brief description of Contract Reimbursement of City for cost of constructing improvements - re C -879, improvement of Balboa BIvd. from 32d St. to 2lot Place Amount of Contract ty Clerk