HomeMy WebLinkAboutC-1083(G) - Cooperative agreement, improvement, 16th Street between Irvine Avenue & Dover Drive3 ate.
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March 17, 1967
`ae
Mr. C. K. Priest
City Clerk
City of Costa Mesa
P. 0. Box 1200
Costa Mesa, Califomia 92626
Gentlemen:
Enclosed is an executed copy of an agreement dated March 16, 1967
between the City of Costa Mesa and the City of Newport Beach
for the improvement of 16th Street between Irvine Avenue
and Lover Drive.
The execution of this agreement was authorized by the City
Council at its regular meeting on Nmrdh 13, 1967 by the adoption
of Resolution No. 6527.
Very truly yours,
Laura Lagios
City Clerk
City of Newport Beach
LL:ih
Enc.
cc: Public Works Department (W/attached agreement)
(Hunter Cook)
�r 1
1-1
TO: CITY COUNCIL
MARCH 133 1967
FROM: PUBLIC WORKS DIRECTOR
SUBJECT: IMPROVEMENT OF 16TH STREET FROM IRVINE AVENUE TO DOVER DRIVE
RECOMMENDATION:
ADOPT A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
A COOPERATIVE FINANCING AGREEMENT WITH THE CITY OF COSTA MESA FOR
THE SUBJECT IMPROVEMENT.
DISCUSSION:
INCLUDED IN THE CURRENT BUDGET IS A PROJECT FOR THE WIDENING AND
REBUILDING OF 16TH STREET FROM IRVINE AVENUE TO DOVER DRIVE, AND THE INSTAL-
LATION OF A STORM DRAIN SYSTEM FROM IRVINE AVENUE TO SEAGULL LANE. MOST OF
THE INTERSECTION OF 16TH STREET AND IRVINE AVENUE IS LOCATED WITHIN THE CITY
OF COSTA MESA. THE INTERSECTION WILL BE IMPROVED BY THE INSTALLATION OF
THREE CATCH - BASINS AND UNDERGROUND DRAINAGE SYSTEM.AND THE INSTALLATION OF
PAVING AND CURB AND GUTTER. COSTA MESA WILL FINANCE ALL CONSTRUCTION WITHIN
THEIR JURISDICTION BY MEANS OF THE COOPERATIVE FINANCING AGREEMENT. COSTA
MESA'S ESTIMATED SHARE OF THE PROJECT COST IS $142500.
FINAL DESIGN.. PLANS, SPEC4FICATIONSp AND COST ESTIMATES ARE CUR-
RENTLY BEING PREPARED AND WILL BE READY FOR COUNCIL CONSIDERATION SHORTLY.
JOSEPH T. DEVLIN
PUBLIC WORKS DIRECTOR COUNCIL:
HTC:NAJ
CITY OF 'BEACH
CITY' ARTURNEY
To: City Clerk
From: City Attorney
0
March 9, 1967
Subject: Cooperative agreement with the City of Costa Mesa
—
Transmitted is a resolution which, if adopted by the City Council,
will authorize the execution of an agreement with the City of
Costa Mesa for the improvement of 16th Street between Irvine
Avenue and Dover Drive. A copy of the subject agreement is also
attached.
We are advised by Public Works that the agreement has been exe-
cuted on behalf of the City of Costa Mesa. They requested that
this resolution be prepared for presentation to the City Council
at their meeting on March 13, 1967.
�✓
Tully Se
THS :mec City Attorney
Atts.
cc - City Manager
Public Works Director
(Attention: Benjamin B. Nolan)
0 0
CITY OF COSTA MESA
CALIFORNIA 92626 P.O. BOX 1200
FROM THE OFFICE. OF THE CITY CLERK
March 10, 1967
Mfrs. Laura Lagois
CITY CLERK
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California
Dear Mrs. Lagois:
Enclosed are three copies of the proposed agreement for the
improvement of 16th Street between Irvine Avenue and Dover
Drive.
These have been executed for the City of Costa Mesa.
Please have them executed for the City of Newport Beach and
return one copy to this office.
Yours very truly,
CKP:ss encl
C. K. PRIEST
City Clerk
1
r / J
GDR: em
3/1/ 7 (8)
1 AGREEMENT
2 (Improvement o t Street Between
_Irvine Avenue and Dover Drive)
31
4 THIS AGREEMENT is made and entered into this _day
5 of I-a D 4 , 1967, by and between the CITY OF
6 NEWPORT BEACH, a municipal corporation, herein referred to as
7 "Newport Beach ", and the CITY OF COSTA MESA, a municipal corpor-
8 ation, herein referred to as "Costa Mesa ".
9 RECITALS•
10 Because of the increasingly heavy volume of traffic on
11 16th Street between Dover Drive and Irvine Avenue, Newport Beach
12 and Costa Mesa contemplate doing certain improvement work at the
13 16th Street and Irvine Avenue intersection and on 16th Street
14 between said intersection and Dover Drive.
15 Pursuant to the provisions of Title 1, Division 7,
16 Chapter 5, Article 1 of the California Government Code, entitled
17 ",joint Powers Agreement ", Costa Mesa and Newport Beach intend to
18 jointly exercise their authority to make such improvements and
19 desire to specify the proportionate shares of the costs of such
I
20 improvements that are to be borne by Newport Beach and Costa Mesa.
21 AGREEMENT
22I For and in consideration of the covenants and conditions
23 hereinafter set forth the parties hereto do hereby agree as
24 follows:
25 1. Newport Beach shall prepare detailed plans, speci-
26 fications and cost estimates for the project, which shall include
27 street widening, street reconstruction, curb construction, and the
28 construction of a storm drain system which shall include catch
29 basins at the Irvine Avenue and 16th Street intersection.
30 2. On completion of the plans, specifications and cost
31 estimates for the project, Newport Beach shall transmit the same
32 to Costa Mesa for approval. After written approval by Costa Mesa
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has been obtained, Newport Beach shall proceed to award a contract
for the project pursuant to the public bid requirements of the
Newport Beach City Charter.
3. Costa Mesa shall reimburse Newport Beach within
thirty (30) days, but not prior to July 1, 1967, after receipt
of an itemized statement setting forth Costa Mesa's share of the
project construction and engineering costs. Said share shall be
computed on the following basis:
(a) For street improvement and /or drainage work,
Costa Mesa will reimburse Newport Beach for the work done
within Costa Mesa territory as that territory existed at
the time of the award of the construction contract.
(b) Costa Mesa's share of design, engineering and
inspection costs shall be based upon a percentage equivalent
to the ratio which Costa Mesa's share of the project con-
struction costs bears to the total construction costs, and
shall include a charge not to exceed fifteen percent (15 %)
to cover Newport Beach's overhead costs.
The estimated cost for the entire project is $100,000,
and the total cost to Costa Mesa is estimated at $12,500. The
actual amount of Costa Mesa's share shall be determined after
completion of the work covered by the construction contract.
4. It is mutually understood and agreed:
(a) That neither Costa Mesa nor any officer or
employee thereof shall be responsible for any damage or lia-
bility occurring by reason of anything done or omitted to be
done by Newport Beach in connection with any work, authority
or jurisdiction delegated to Newport Beach under this
agreement.
(b) Pursuant to Government Code Section 895.4,
Newport Beach shall fully indemnify and hold Costa Mesa
harmless from any liability imposed for injury (as defined
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by Government Code Section 810.8) occurring by reason of
anything done or emit ,,d to be done by Newport Beach in con-
nection with any work, authority or jurisdiction delegated
to Newport Beach under this agreement.
(c) That neither Newport Beach nor any officer or
employee thereof is responsible for any damage or liability
occurring by reason of anything done or omitted to be done
by Costa Mesa in connection with any work, authority, or
jurisdiction not delegated to Newport Beach under this
agreement.
(d) Pursuant to Government Code Section 895.4,
Costa Mesa shall fully indemnify and hold Newport Beach harm-
less from any liability imposed for injury (as defined by
Government Code Section 810.8) occurring by reason of anything
done or omitted to be done by Costa Mesa in connection with
any work, authority or jurisdiction not delegated to Newport
Beach under this agreement.
IN WITNESS WHEREOF, Newport Beach and Costa Mesa have
caused this agreement to be executed pursuant to authorization by
resolution of their City Councils.
Dated:
APPROVED AS TO FORM:
T�iY Se r, City Attorney
I Dated:
APPROVED AS TO FORM
CITY ATTORNEY
3.
CITY Q.F_NKWPOR ACH
B
Attest :'
City/ C el rk
CITY
By
Attest:
City C1erT-
1
2 (Laprovem+ent o treet Between
�Y �4 AN Dover lVivs)
3
4 =6 AGREDgMT is made and eutered: into this , disy
5 of 17.r.GC.r w �• 196?, by ami between the CM OF
6 NEWORT.RZA.:B, a mmmicipal corporation, heroin xo*M"ad to as
7 Newport Bleach ". and t% CITY OF COSTA MZPA: ; tamicipal oorpor-
8 ation, herein referred to as "Costa masa".
9 AZ-CXTAU _
10 Boom** of the Lnareasingly heavy volume of :traffic on
11 16th Street between Dover drive and Irvine Avenue, Newport Beach
12 and Costa Mesa contemplate doing certain improvement work at the
13 16th Street and Irvine Avenue intersection and on 16th Street
14 between said intersection and Dover ;give.
15 pursuant to the provisions of Title 1. Division 7.
16 Zhapter 5. Article 1 of the California Goverrment Code. entitled
17 "Joint Pourers Agreement ", Costa Mesa and Newport Beach intend to
18 jointly exercise their authority to tasks such improvements and
19 desire to specify the proportionate shares of the costs of such
20 improvements that are to be berme by Newport Beach and Costa Mesa.
21 AQAQM
22 For and in consideration of the covenants and conditions
23 hereinafter set forth the parties hereto do hereby agrees as
24 follows;
25 1, Newport Beach aball prepare detailed plans, speci-
26 fications and cost estimates for the project. which, shall include.,
27 street widening
street reconstruction, curb nax►stxuction, and the
28 construction of a storm drain system which #hall include catch
29 basins at the Irvine Avenue and 16th Street intersection.
30 2. On completion of the plans, specifications end cost
31 estimates for the project, Newport Beach shall transmit the acme
32 to Costa Mesa for approval. After written approval by Costa Mesa
I
1 has burn obtained, Newport 1Ir6A shall proceed to award aIwaeC
2 for the project pursuant to thtpOlic bid require 0 A8 Of the
311 Newport Beach City Charter.
4 3. costa Mesa shall reimburse Newport A 'h within
5 thirty (30) days, but not prior to July 1, 1967~ aster receipt
6 of an itemised statement setting forth Costa Mesa's share oft the
7 project construction and anginearing costs. said sks" s1iti be
8 computed on the following basis:
9 (a) Far street improvement and /ov.drainage ao**
10 Costa Mesa will reimburse Newport Beach for the Vo* done
11 within Costa lies: territory as that territory at UUd at
12 the time of the award of the construction cautr"C.
13 (b) Costa Mass's share of design, anSinserietg sad
14 inspection costs shall be based upon a percentage equLfelent
15 to the ratio which Costa Hasa's share of the project con -
16 struction casts bears to the total construction costs, and
17 I shall include a charge not to exceed fifteen percent (15%)
18 ( to cover Newport Beach's overhead casts.
19 ! the estimated cost for the entire project is $1:00,000,
20 i and the total cost to Costa Mesa is estimated at $12,500. The
21 actual amount of Costa Hess's share shall be determined after
22 coWlstion of than work covered by the construction, contract,
23
H 4. It is mutually understood and agreed;
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(a) rhat neither Costa Mesa nor any officer or
employee thereof shall be responsible for any damage or lia»
unity occurring; by reason of anything done or emitted to be
done by Newport Beach in connection with any work, authority
or ,jurisdiction delegated to Newport !teach under this
agreement.
(b) Pursuant to Govarmiant cods ;section $95.41
NeWort Beach shall fully i.ndamity and hold costa Mesa
harmless from any liability imposed for injury (as defined
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by Governiment Code Secti*A 510.8) occurring by :gaason of
anything done or amittftfu'to be `ores by Newpoft Beaah in con-
'nesatiOn with nay wOvXt authority or jtsvL*4icdAU delegated
to'Newport beach 040r: CUB agree GM4,
e a...
(c) Lhac neither due reach not any offiaau or
ploy" thereof is respoaoWLe for any damage or liability
occurring by reason of done or omitted to be dome
by Cosec Mesa in connection with any work, &uthority, or
Jurisdiction nut dolegaced to Newport Iaaah under this
Agreement.
(d) ftrsuaut to Gov* =vnt Code 5tctien 893.4,
Caata )teaa shall fully itademnify and bold Newport Beach be=-
from any liability 3cr+osed for injury (as defi"4 by
GO" nZnsett Coda Section 810.8) occurring by reason !f anything
dons or omitted to be done by wosta Me" ixn commeotion with
any work, authority or jurisdiction, not delegated to Newport
Beach under this agreement. i
IN WXIX SS 14MUOF, Newport Beach and Costa NO" hale
caused this agreement to be emmutmd Pursuant co Authorization by
resc1ution of their €:ity Couwils.
I
etsdt 7 GLTIf aia. DhE�T
2Wly H. Seymour, City Ittorney
28 d?ated.s
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Attest S . ,•
e
CITI Or COSTA 14ESA
By
mayor
Attests
Y MOXIL
TO mec'
3/9 67 (12)
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F rISOLUTIQN ;J90. 6527
A USOLUTION OF CITY COUNCIL OF THE CITY 01.
NEWPORT BEACH A.UT IZING THE FOCUTION OF AN
AGREZMXNT WITH THE CITY OF COM MESA FOR THE
IMPROMM OF 16TH 8T&= 'DEMFX IRVUM A@UW
AND DOm 1M M
WHEREAS, the C1't7 of rewport Beach and the City of Costa
Mesa contemplate doing certain improvement.work st.the 16th Street
and Irvine Avenue intersection and on 16th Street between said
intersection and Dover Drive; and
WHEREAS, there has been presented to the City Council of
the City of Newport Beach an agreement between the City and the
City of Costa Mesa providing for such work, with the cost thereof
to be shared by the Cities in the manner set out therein; and
WHEREAS, the City Council has considered the terms and
conditions of said agreement and found them to be fair and equiv
and determined it to be in the interests of the City and the im-
provements to be necessary;
NOW, THEREFORE, BE IT RESOLVED that said (agreement is
approved and the Mayor and City Clerk are authorized and directed
to execute the same on
behalf of
the
City of Newport
teach.
ADOPTED this
13th day
of
March
, 1967.
ATTEST:
t.y C 11 t
Tab t r ; i
12/2 /6# t7)
1 p OY AWSIMT
z
3 NEWPORT•NESA UNIV $CHWL DIS'TRIC'T OF OLUM COUNTY o
4 a public sch001%district organized and existing under the Education
5 Code of the State of California, hereby_.grmts to the CITY Of NKW-
6 'ORT WACR, a municipal corporation, an easement for street and
7 b4trway purposes over all that certain land situated in the City
8 of Btu O rt Beach, County of Orange, State of Galifornia, described
9 as follows:
l0 reel
11 A strip of laud, 8.00 feet in width, being a portion of Lot 4,
Tract no. 1125 as per map recorded in Book 390 Page 7 of
12 Miscellaneous Maps in the office of the County Recorder of
Orange County, California, and bein; a portion of 16th Street
13 vacated per Resolution No. 5669 of the vity of Newport Beach,
a copy of which was recorded October 2, 1962, in Book 6269,
14 Page 869 of Official Records of said county, the northeasterly
15 line of said 9.00 ft. strip of land being, described as follows
Beginning at the intersection of the SW'ly right of way line
16 of 16th Street, 60.00 feet in width, with the SE'ly right of
way line of Irvine Avenue, 60.00 feet in width, as shown on
17 said map of Tract No. 1125; thence S 500 16' 05" B 1493.91
ft. along; said SW'ly right of way line of 16th Street and
18 along the northerly line of said vacated portion of 16th
Street to the E'ly line of the land described in the deed to
19 the Newport Harbor onion High School District, recorded June
29, 1946 in Book 1422, Page a501 of Official Records of said
20 county.
21 The SW'ly line of said 8.00 ft, strip of land shall be pro-
longed SE'ly to terminate on asid E'ly line of the land
22 described in the deed to the Newport Harbor Union High School
District.
23
P reel
24
That portion of Lot 4, 'tract No. 1125 as per map recorded in
25 Book 39, Page 7 of Miscellaneous Maps, in the office of the
County Recorder of Orange County, California, described as
26 follows;
27 Beginning at the intersection of the SW'ly right of way line
of 16th Street, 60.00 feet in width, with the SE'ly right of
28 way line of Irvine Avenue, 60.00 feet in width, as shown on
said map of Tract No. 1125; thence S 39' 43' 55" W 8.00 feet
29 along said SE'ly right of way line of Irvine Avenue to a point
on a line parallel with and 8.00 feet SW'ly, measured at right
30 angles, from said SW'ly right of way line of 16th Street, said
point being the True Point of Beginning; thence S 50' 16' 05"
31 E 45.00 feet along said parallel line to a point of cusp with
a tangent curve concave southerly, having a radius of 25.00
32 feet, a radial line of said curve to said point bears N 390
1 43' 55" gi thoa6e Westerly 39.37 feet alit , said curve to
2 M rpoLuc of with a live p& ailel with and W ly
ot} feet, m=W,ar right angles, fr+de said a8'ly right
of wit line of Irvivvt`A•orane a radial line of said alive
3 :.o said point bears Iii tfl' 161 05" W; thence N 50' 16v 85" W
20.00 foot ,along said radial . line t said S%'ly right of way
4 line e`' Irvine Avenue, thence N 39 43' 55" B 25,00 feet
5 Beginning. o aid SE'ly right of ttay line to the True Point of
6 Said easeaenc is shown on City of Newport Beach Public
7 Works Department Drawing No. R /W- 5101 -L entitled "Street Basement
8 for Fortiori 4f 16th Street btwn. Irvine Ave. & i)over Dr, ", con -
9 listing of two sheets, a copy of which is for the #eke of conve0-
10 ieat identification marked Exhibit "A" and attached hereto and
11 made a part hereof by this reference.
12 As to Parcel A, the grantor reserves the.right to con -
13 time to maintain the existing encroachment consisting of the
14 stadium overhang, and in the event that the grantor desires to
151 expand the size of the stadium it may construct, lat*val extensions
16 on either or both sides :hereof; provided, however, that any such
17 extensions shall noc. encroach to any greater extent into or across
18 said easement at a lower elevation or to a greater depth than the
19 existing encroachment.
20 Dated, February 7 . 1967.
21
22 NEWPORT -MRSA UNIFIED SCHOOL DISTRICT
of ORAWK COUNTY
23 s1 L. B. Newcomer
Dr. Lola
eeoeaoner
24 Secretary to the Board of
25 Education
STATE OF CALIFORNIA )
27 S se
COUNTY OF ORAWA )
28
On Februar t 1 6 before me, the under -
29 signed, a Notary c n an or Ms ty and State, person-
ally appeared Dr. Leland B. Newcomer, known to me to be the See-
30 rotary to the Board of Education of Newport -Mesa Unified School
vistrict of Orange County, and known co me to be the person who
31 executed the within instrument on behalf of said District, and
acknowledged to me that said District executed the within instrume
32 pursuant to a resolution of its Board of Education.
WITNESS my hand and official soul.
/sl Catherine L. Putnam
Notary is in oz
Baca
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
STREET EASEMENT
FOR AgaerlAA/ OF /6 Xv sref& -T
arwly. /RW /NE' AVE, firI 00MCM zw
L EGENO
4SEM6'N715 M 4SE
6R.4NTE0 717 C /TV
C272M PTN. OF /(e ?W 67.' M4047W
PER O.R. 624291869
54/7. / of 2
DRAWN eL/ DATE 10 -f6-66
APPROVED'sf , /t4
ASSY. PUBLIC WORKS DIRECTOR
R.E. NO. Z46-4K
DRAWING. NO.
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