HomeMy WebLinkAboutC-1076 - Cost sharing agreement for widening Port Bayside Drive between Pacific Coast Highway & AlohayriiA
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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.
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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.
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LEGEND
INDICATES AQEA IN WHICH THE
CITY OF NEWPORT BEACH SHALL
BE QESPONSIBLE FOIL ASPHALT
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INDICATES AQEA IN WHICH THE
ID.VINC COMPANY SHALL BE QE-
SPON SI BLE FO Q ALL CONCRETE
WOQV CS%OZWALKS, DUNE WAY
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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 ..
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(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
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