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HomeMy WebLinkAboutC-1076 - Cost sharing agreement for widening Port Bayside Drive between Pacific Coast Highway & AlohayriiA T :aem 21 166 (8) 1 AGREEMENT 2 THIS AGREEMENT made and entered into this 17e2� day 3 of 1966, by and between THE IRVINE 4 COMPANY, a West Virginia corporation, hereinafter referred to as 5 the "Company' and the CITY OF NEWPORT BEACH, a municipal corpor- 6 ation, hereinafter referred to as the "City." 7 RECITALS 8 A. The City and the Company desire to widen and improve 9 that portion of Bayside Drive lying between Pacific Coast High - 10 way and Aloha Drive, as delineated on a map attached hereto 11 marked Exhibit "A" and by this reference made a part hereof, 12 sharing the cost thereof as provided for herein. 13 B. It is the mutual desire of the parties hereto to 14 provide for acquisition of the additional right of way necessary 15 for the widening of Bayside Drive. 16 W I T N E S SETH: 17 NOW, THEREFORE, in consideration of the mutual benefits, 18 covenants and conditions herein contained, the parties hereto 19 agree as follows: 20 1. Company shall by Easement Deed convey to City a 21 strip of land four feet wide on the Westerly side of existing 22 Bayside Drive and a strip of land twelve feet wide on the Easterly 23 side of existing Bayside Drive between Pacific Coast Highway and 24 Aloha Drive for the purpose of widening Bayside Drive. The 25I Easement Deed or Deeds to be executed by Company pursuant 26 hereto shall be executed concurrently with the execution of this 27 agreement and shall be delivered to City. 28 2. City shall prepare or arrange for the preparation 29 of all plans and specifications for the widening of Bayside 30 Drive, hereinafter referred to as the "project." Plans and 31 specifications shall be prepared by or under the supervision of 32 a registered Civil Engineer licensed by the State of California 1 and shall be subject to the approval of Company prior to the 2 advertisement of a notice inviting bids for the construction 3 work. 4 3. City shall award a public works contract for the 5 project in conformity with the public bid procedure set forth 6 in Section 1110 of the City Charter. 7 4. Company shall reimburse City for the portion of 8 the total cost of the widening of Bayside Drive which shall be 9 attributable to the removal of all existing concrete sidewalks, 10 curbs, gutters, driveways, approaches, and any other existing 11 concrete structure other than existing concrete traffic signal 12 standard bases that are within the existing or future right of 13 way, and the construction of new concrete sidewalks, curbs, 14 gutters, driveways and approaches, and a storm drain system in 15 Bayside Drive at Aloha Drive. 16 5. City shall pay the portion of the contract price 17 attributable to the removal of old paving, the relocation of 18 public utility facilities as required, and the repaving of the 1911 widened street between the future concrete curbs as delineated 20 on Exhibit "A" attached hereto. 21 6. City and Company shall share the cost of engineer- 22 ing, inspection, surveying, and staking, in the ratio that the 23 portion payable by each provided in Paragraphs 4 and 5 shall 24II bear to the total cost of the items enumerated in Paragraphs 251 4 and 5. 26 7. City agrees to indemnify Company against and to 27 hold Company harmless from any loss of or damage to any property 28 or injury or death of any person whomsoever proximately caused 29 in whole or in part by negligence of City, its employees, agents 30 or contractors or by any act or omission for which Company, its 31 employees, agents or contractors are liable without fault in the 32 exercise of the rights herein granted, save and except in those 2. 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 instances where such loss or damage or injury or death is prox- imately caused in whole or part by any negligence of Company, its employees or agents or by any act or omission for which Company's, employees or agents are liable without fault. IN WITNESS WHEREOF Company has caused this agreement to be executed by its officers thereunto duly authorized and City has caused this agreement to be executed by its officials thereunto duly authorized by resolution of the City Council, as of the day and year first above written. E CO\ TI �* - ),AT gEAL CITY OF NEWPORT, B' C By "- Mayor APPgQUD AS TO F Rri: Attest: e� U Tully Seymour � City A orney ct g y erg 3. C F4 Se °eo KEY TO SYMBOLS IQ EXISTINGs CONCRETE CUQBS. OEXISTING CONCQETE CUG.BS TO BE RE- MOVED BY THE tQVINE COMPANY. 3O NEW CONCQETE CUCL13S TO BE CON - $TQ.UCTED BY THE 1QVINE COMPANY. OEXISTING PQOPEQTY LINE TO BE QE- LOCATED. SO LOCATION OF NEW PQOPEQTY LINE TO BE DEDICATED QY THE %QVINC CO, OEXISTING PQOPEQTY LINE. TO QE- MAIN A.S IS. O7 LIMITATION OF WALKWAY AND PUBLIC 4TILITY EASEMENT FOE PUBLIC USE BY Tilt IRVINE CO O$ EXISTING LOT LINES. V �^ CO s ti Aw Z1. YAK P \OtL h LEGEND INDICATES AQEA IN WHICH THE CITY OF NEWPORT BEACH SHALL BE QESPONSIBLE FOIL ASPHALT WOQK b $,_ �, ti � �' ! - I BAYSIDE INN LEASE - INDICATES AQEA IN WHICH THE ID.VINC COMPANY SHALL BE QE- SPON SI BLE FO Q ALL CONCRETE WOQV CS%OZWALKS, DUNE WAY '. APPQOACHES F, CUQB C CZUTTHQSi. i I 3 3 Wr; 1 e. 5C ALE o, ! d! / ��1::1 4 012. (Ar KI VAT EXHIBIT 'A'O THE IRVINE COMPANY " "`5A`lslv6 CCIVE AGREEMENT 13042 MYFORD ROAD, IRVINE, CALIFORNIA, 544-0120 MET -THE ID:VIME CO.4 CITY OF NEWPORT BEAC\A OA'rE I DRAWN BY CHECKED BY OVERLAY DRAWING NO. JULY 1,19(.& AD_ SHEET OF I 74B - 15 - L .. �g i 11 2 3 4 5 6 7 a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (I2) RESOLUTION DO. 6465 A RESOLUTION 01:: CITY COUNCIL OF THE CITY OF NEWT BEACIt"I iORIZIRG THE EXECU'T'ION OF AN AGUlDNY3iT WITH THE IRVINE COWARY FOR THE WIVVK= AND UGWVEMT OF A PORTION Of SAM= DRIVE WHERL&S, the City of Newport Beach and The Irvine Company desire to widen and improve a portion of Bayside Drive lying, be- tween Pacific Coast highway and Aloha Drive and to provide for acquisition of the additional right of tray necessary therefor; and WHEREAS, there has been presented to the City Council of the City of Newport Beach an agreement between the City and The Irvine Company providing for the above - described Work and right of way acquisition, with the cost of said work to-be shared by the City and said company in the manner set out therein, and WHOLSAS, the City Council has considered the toms and conditions of said agreement and found them to be fair and to the Mutual advantage of the parties; NOW, THEREFORE, BE TT RBSOLV$D that said agreement is approved and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ATTEST: ADOpTF.D this 14th day of `;over` r , 1966. V mayor� 11 TO: Finance Director FROM: City Clerk SUBJECT: Contract Contract No. C -1076 0 Date February 6, 1967 Authorized by Resolution No-R-6465 , adopted on Nov. 14, 1966 Date Mayor and City Clerk executed Contract -O, 1 I 1 IQ66 Effective date of Contract Contract with Irvine Company (The) Address Irvine, (` if_ Brief description of Contract Coat s t / w de f of Dr. Amount of Contract (detailed in contract) City Clerk i The Irvine Company 13042 Myford Road Irvine, California 92664 Gentlemen: c -,c��- November 18, 1966 Enclosed is a duly executed copy of an agreement between The Irvine Company and the City of Newport Beach in connection with the widening and improvement of a portion of Bayside Drive be**een Pacific Coast Highway and Aloha Drive. Said agreement was authorised by the Council of the City of Newport Beach on November 14, 1966 by the adoption of Resolution 6465, copy of which is attached. LL:b j one 2 Very truly yours, Laura Lagios Acting City Clerk 0 0 CITY OF NEWPORT BEACH •c November 9, 1966 �l To: City Clerk // I From: City Attorney Subject: Widening and improvement of a portion of Bayside Drive between Pacific Coast Highway and Aloha Drive Transmitted are the following: 1. An original and three copies of an agreement between The Irvine Company and the City for the subject work. This agreement has been executed in duplicate on behalf of The Irvine Company and approved by me as to form. 2. A resolution which, if adopted by the City Council, will authorize the execution of said agreement on behalf of the City. 3. Original Grant of Easement from The Irvine Company to the City dated Nov. 7, 1966, granting to the City an easement . for street and highway purposes for the widening of Bayside Drive, as required by the attached agreement. 4. A resolution which, if adopted by the City Council, will accept the Grant of Easement and authorize its recording. The Public Works Director requested that these documents be presented to the City Council for consideration at the meeting on November 14, 1966. Tull H. ur THS:mec City Attorn y Atts. cc - City Manager Public Works Director _, F