HomeMy WebLinkAboutC-903 - Reimbursement for cost of constructing improvements in Balboa Boulevard from 32nd Street to 21st PlaceT
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= CONTRACT; 1t REIMBURSEMENTt OF CITY
FtAt COSTS it MNSTRUCTING .It ITS
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THIS A491MM k xch, %
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1964, by and between the CITY OP''- T BEACH, a municipal.*corpora-
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tion, Hereinafter referred to a,a,.tifiy", and WAYNE E. BANDY;
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hereinafter referred to as "Owner ".; .
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WITNESSETH:
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WHEREAS, City intends to enter into a contract providing
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for the construction of certain.public improvements in Balboa
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Boulevard from 32nd Street to 2lst Place and has published a
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notice dated :February 6, 1964, inviting.bids for said project; and
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WHERB,AS, Owner is the owner of that certain parcel of
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real property described as Lot, 18, Block 128, Lake Tract
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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, at the expense of said 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, THEREFORE, the parttes:heretd im consideration of
26 their mutual promises and for other good and sufficient con,sidera
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 adjacent to Owner's property in accordance with ,the. Standard..::;.
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Specifications of the City of.- Newport.Beach, City of Newport Beach
Drawing No. 475014 -S, and tho- ViSpeoi,al 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. THE ESTIMATED PRICE, BASED ON BIDS RECEIVED MARCH 4, 1964, Is
LESS THAN $400. ,�i�EF3 -. C•CH•
3. The,tems 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 (69.) 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 (67.) ,
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 prepor-
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 thatt
thirty (30) days, the entire balance owed to City shall become Idue
and payable,.and City shall have the right to recover all costs of
collection, including attorneys fees.
IN WITNESS WHEREOF, the parties hereto have.executed this
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1 COMACT FOR U;LSM=T OF CITY
% COSTS OF CO�CTINC�
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THIS AGREEMENT, entered into this day of kl S.A;Pu,
1964, by and between the CM Of NUMORT BEACH, a a=44A corpora-
tion, hereinafter referredrt#,as "City", and WAYNE *,- ,BANDY,
hereinafter referred to as "Owner ";
WIT14ESSETH:
WHEREAS, City intends to enter into a contract providing
for the construction of certain public fiVroyemenp in Balboa
Boulevard from 32nd Street to 21st Place and.h" "'published a.
notice dated February 6, 1964, inviting bids for said project; and
WHEREAS, Owner is the owner of that certain parcel of
real property described as Lot 189 Block 128, 140 Tract
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which said property is adjacent to Balboa Boulevard and within the
area of the public improvement project referred to above; and
WFERBAS, it is the policy of City to require the owners
lof real property abutting on public streets to provide curbs,
gutters and parking lanes in the portion of said public streets
adjacent to their property at the expense of said owners; and
WMUAS, Omer has requested City to provide for the con-
Istruction of curb, gutter and parking lane adjacent to hie above-
described property and is willing to reisibdrse City for the cost
lof said isprovement;
NOW, THEitEFORB, the parties hereto, in consideration of
their mutual promises and for other good and sufficient considera-
Ition, agree as follows:
10 In the event City enters into a construction contract
for the improvement of Balboa Boulevard from 32nd Street to 21st
IPlaco, City agrees to include in such contract provision for the
construction of curb, gutter and parking lane in Balboa Boulevard
eat to Owners property in accordance with the Standard
�....:,.:. 44 ,..
I SPOcifidations of the! C of Newport sSeach, City of Newport Beach
2 Draxing NO. N•5014 -S, and the "Special provisions for the Improvs-
3 1144t of Balboa Boulevard fjzmi 32nd Street to 21st $lace ", all of
4 which documents are on file in the office of the City Public Works
5 Director,
6 2. Owner agrees to reimburse City for the cost of
7 fOustrueting the improvements described in paragraph 1 of this
8 contsaet. The exact amount to be paid by Owner will be deter mined
9 by the City Public Works Director on the basis of the unity prices
10 for the work submitted in the bid of the contractor who is awarded
11 the con: o t THE ESTIMATED PRICE, BASED ON BIOS RECEIVED Ml.Acm 4, 1964, is
LESS THAN 4 ; r : '' M5 C.ep.
12 3. The terms of payment by Owner sha11 be as follows:
13 One -third (1/3) of the total amsunt shall be due
14 thirty (30) days after the notice of eompletioa_ for the
15 project is recorded in the office of the County Recorder.
16 One -third (1/3) of the total amount, plus six
17 per cent (6S) interest on the unpaid balance, shall be duo
18 ons (1) year after the recording of the notice of completion.
19 The final one -third (1/3), plus six per cent (6%)
20 of the unpaid balance, shall be due two (2) years after the
21 recording of the notice of completion.
22� Owner shall have the right to accelerate his payments
23 and, if he does so, the interest payable shall be reduced propor-
24 tionately. All payments shall be made to the City Finance Director.
25 4. in the event that owner shall default in whole or
26 in part on any payment and such default continues for more than
2711 thirty (30) days, the entire balance owed to City shell become due
28 and payable, and City shall have the right to recover all costs of
29 collection, including attorney's fees.
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3111 IN WITNESS WfiE=F, the parties hereto have executed this
K*A
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eaattaot as of the day aad year first above written.
CITY OF T BEACH
.l'y
mayw
Attest:
&--q 44--014 taty clark
CITY
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S. o
OWNS
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(7) • • .�
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CONTRACT : , p,�SE'EMSFMENT OF CITY
M COSTS WI(STRUCTING RRVJR�s
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3 THIS AGREEMENT, entered into this day of Mareb,
4 1964, by and between the CITY 08 HVAMT BEACH, a municipal corpora -
5 tion, hereinafter referred to pi "City ", and 4AYSS g. B JWv
6 hereinafter referred to as 'Owner ";
7 WITNESSETH
8 WHEMS, 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 real property described as Let 18, Block 128, Lake Tract
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15 which said property is adjacent to Balboa Boulevard aad within the
16 area of the public improvement project referred to above; and
17 VHERUS. 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 WH MUS, 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 HOW9 TBERBFORR, 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 32n4 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
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B}etiffsetions of tine City of
Newport Beach, City
of *swport Beach
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Draving`Do. R- 3014 -3, aAd the
"Spacial Provisions
for the Improve -
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=ant of Balboa Boulevard from
32nd Street to 21st
Place ", all of
4 which documents are on filar in the office of the City Public Works
5 Director.
6 2. 0wmar agrees to reimburse City for the cost of
7 consttngttisng the improvements described in paragraph l 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
10 for the work submitted in the bid of the contractor who is awarded
1111 the contract.
12 3. The terms of payment by Owner shall be as follows
13 One -third (1/3) of the total amount shall be due
14 thirty (30) days after the notice of completion for the
15 project is recorded in the office of the County Recorder.
16 Once -third (1/3) of the total smount, plus six
17 per cent (6x) interest an the unpaid bolaneno shall be duo
18 one (1) year after the recording of the notice of completion.
19 The final one -third (1/3), plus six per cent (6%)
20 of the unpaid balance, shall be due two (2) years after the
21 recording of the notice of completion.
22 Owner shall have the right to accelerate his payments
23 and, if he does so, the interest payable shall be reduced propor-
24 tionately. All payments shall be mode to the City Finance Director.
25 4. In the event that Owner shall default in whole or
26 in part on any payment and such default continues for more than
27 thirty (30) days, the entire balance owed to City shall become due
28 and payable, and City shall have the right to recover all costs of
29 collection, including attorney's fees.
30
3121 IN WITNESS W71M OFO the parties hereto have executed this
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nret ar of the day and year first above writCar.
'-CITY of IiSt PtIRY CH
By _..� / a__v____
/1�rrt:
City .,...
CITY
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Af '
THS:mec •
3/2/64 (10)
RESOLUTION NO. 5937
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, VMS f. A&= , 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 WAMS i.
DA =' 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
AT EST:
City Clerk
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TO: Finance Director
FROM: City Clerk
SUBJECT: Contract
Contract No. C -903
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Date April 7. 1964
Authorized by Resolution No. 5937 , adopted on March 23, 1964
Date Mayor and City Clerk executed Contract March 26. 1964
Effective date of Contract March 23, 1964
Contract with Wayne E. Bandy
Address
Brief description of Contract Reimburs *meat of City for cost of constructinj
improvements. re Balboa Blvd, improvements from 32d St. to 21st
Place.
Amount of Contract
City lerk