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HomeMy WebLinkAboutC-903 - Reimbursement for cost of constructing improvements in Balboa Boulevard from 32nd Street to 21st PlaceT 3 54 (I) r <. 1 = CONTRACT; 1t REIMBURSEMENTt OF CITY FtAt COSTS it MNSTRUCTING .It ITS 3 THIS A491MM k xch, % _ 4 1964, by and between the CITY OP''- T BEACH, a municipal.*corpora- 5 tion, Hereinafter referred to a,a,.tifiy", and WAYNE E. BANDY; 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 2lst Place and has published a 11 notice dated :February 6, 1964, inviting.bids for said project; and . 12 WHERB,AS, Owner is the owner of that certain parcel of 13 real property described as Lot, 18, Block 128, 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, 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..::;. 11 12 14 15I 161 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 321 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 3. "- • f 1 COMACT FOR U;LSM=T OF CITY % COSTS OF CO�CTINC� 3 4 5 7 9 10 III 12�13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 r 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. 30 3111 IN WITNESS WfiE=F, the parties hereto have executed this K*A 2. 1 2 4 5 6 7 8 9 10 11 12 13 14 15i 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 eaattaot as of the day aad year first above written. CITY OF T BEACH .l'y mayw Attest: &--q 44--014 taty clark CITY 3. r M S. o OWNS 3. (7) • • .� 1 CONTRACT : , p,�SE'EMSFMENT OF CITY M COSTS WI(STRUCTING RRVJR�s 2 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 14 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 1 B}etiffsetions of tine City of Newport Beach, City of *swport Beach 2 Draving`Do. R- 3014 -3, aAd the "Spacial Provisions for the Improve - 3 =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 32 2. 1 2 4 5 6 7 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 nret ar of the day and year first above writCar. '-CITY of IiSt PtIRY CH By _..� / a__v____ /1�rrt: City .,... CITY !. 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 0 TO: Finance Director FROM: City Clerk SUBJECT: Contract Contract No. C -903 0 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