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HomeMy WebLinkAboutC-1236(A) - Cooperative agreement for noxious gas deviceI � S LICENSE The BALBOA COVES COMMUNITY ASSOCIATION, a California non - profit corporation, hereinafter called "Association ", hereby grants to the City of Newport Beach, a municipal corporation, hereinafter called "City ", the right to enter upon, and to erect, construct and maintain a scavenging system and burner device for the purpose of noxious odor control on, the following described real property owned by the Association: That portion of Lot B Tract No. 1011 as per map recorded in Book 36, Page 37 of Miscellaneous Maps, records of Orange County, California, bounded on the West by the easterly line of Lot 72 of said Tract No. 1011, bounded on the North by the southerly right - of -way line of West Pacific Coast Highway, bounded on the South by an existing cinder block wall fence and bounded on the East by a line parallel with and distant easterly 145.00 feet from said easterly line of Lot 72. This license shall be for a term of five (5) years from the date of its execution by Association,. and shall be subject to termination by the Association at such earlier time as the City, the Association and the Union Oil Company shall determine that the maintenance and operation of the scavenging system and odor burning device should be terminated. r. BALBOA CQVES COMMUNITY ASSOCIAIICK. By: t dent Dated: �% _..%1,(%6' 196 `/±� i w r CITY OF NEWPORT BEACH Date _ 1yMMMA 14, 1969 TO: Public Works Department FROM: City Clerk SUBJECT: Contract No. Project Cooperative agreement for the laetallalios and maintenance of a nozioea gas seep odor _- device in the vicinity of Balboa Core* Attached are .3 executed copies of subject contract for your files and for transmittal to the contractor. Contractor: Union Oil Co. & Balboa Coves Comamnnitp Assoc. Ran 5 -226 13 Balboa Cove, Newport Beach Address: P.M. Box 7600, L.A. Attn: Lyan A. Ferguson. Pre &. Amount: $ $3.000 $4,000 Effective Date: 8/12/69 Resolution No. ?037 adopted on 8/11/69 LL:do- Att. cc: T'inance Department t t' COOPERATIVE AGREEMENT FOR THE INSTALLATION AND MAINTENANCE OF A NOXIOUS.GAS SEEP ODOR CONTROL DEVICE IN THE VICINITY OF BALBOA COVE, NEWPORT BEACH, CALIFORNIA THIS AGREEMENT entered into this/,-,:?-/-/, day of 1969, by and between the CITY OF NEWPORT BEACH, UnTon 011 Com and of 0aiifo Is hereinafter called "City ", the UNION (IL COMPANY., ereinafter called "Union ", and the BALBOA COVES COMMUNITY ASSOCIATION, hereinafter called "Association ": RECITALS• A. The presence of noxious gases of seepage origin in several areas of the West Newport section of.the City of Newport Beach has created offensive odors and a minor fire risk which have stimulated the City Government to investigate methods of alleviating these problems. In March, 1968, a report entitled "Noxious Gas Seeps in Newport Beach" was prepared by George P. Zebal, Geologist, in coordination with the Public Works Department of the City, which analyzed the problem of the West Newport gas seeps, and recommended various abatement measures, including the use of flares and venting structures to dispose of the gas fumes. The Zebal Report identified four specific areas of seepage, the largest and most offensive of which areas was identified as Seep No. 2, the Coast Highway seeps. B. In the 1969 -70 budget, the City Council appro- priated the sum of $10,000 for the purpose of creating a two - phase program for the control and monitoring of petroleum seeps in the West Newport area. The funds appropriated are to be used for the construction of suitable vent structures with burning devices over the identified seeps, in order that the -1- i r.+ t' COOPERATIVE AGREEMENT FOR THE INSTALLATION AND MAINTENANCE OF A NOXIOUS.GAS SEEP ODOR CONTROL DEVICE IN THE VICINITY OF BALBOA COVE, NEWPORT BEACH, CALIFORNIA THIS AGREEMENT entered into this/,-,:?-/-/, day of 1969, by and between the CITY OF NEWPORT BEACH, UnTon 011 Com and of 0aiifo Is hereinafter called "City ", the UNION (IL COMPANY., ereinafter called "Union ", and the BALBOA COVES COMMUNITY ASSOCIATION, hereinafter called "Association ": RECITALS• A. The presence of noxious gases of seepage origin in several areas of the West Newport section of.the City of Newport Beach has created offensive odors and a minor fire risk which have stimulated the City Government to investigate methods of alleviating these problems. In March, 1968, a report entitled "Noxious Gas Seeps in Newport Beach" was prepared by George P. Zebal, Geologist, in coordination with the Public Works Department of the City, which analyzed the problem of the West Newport gas seeps, and recommended various abatement measures, including the use of flares and venting structures to dispose of the gas fumes. The Zebal Report identified four specific areas of seepage, the largest and most offensive of which areas was identified as Seep No. 2, the Coast Highway seeps. B. In the 1969 -70 budget, the City Council appro- priated the sum of $10,000 for the purpose of creating a two - phase program for the control and monitoring of petroleum seeps in the West Newport area. The funds appropriated are to be used for the construction of suitable vent structures with burning devices over the identified seeps, in order that the -1- i r.+ majority of gases may be burned before being discharged into the atmosphere. C. Representatives of the City, the Balboa Coves Union 011 Company of Californfe Community Association and the Union Oil Company have held discussions for the purpose of arriving at an agreement whereby the three parties would arrange for the construction of a scavenging system and burner device on a parcel of.property owned by the Balboa Coves Community Association, which is located immediately adjacent to the Union Oil service station at 3939 West Pacific Coast Highway. AGREEMENT: THE PARTIES HEREBY AGREE AS FOLLOWS: 1. PREPARATION AND APPROVAL OF PLANS, SPECIFICATIONS AND COST ESTIMATES. City shall at its expense prepare detailed plans, specifications and cost estimates for the construction of a scavenging system and burner device at the location shown on thedrawing marked Exhibit "A ", which is attached hereto. Upon completion of the plans, specifications and cost estimates for the project, City shall submit the same to the Association and Union for approval. 2. AWARD OF CONTRACT. After written approval by Association and Union has been obtained, City shall proceed to award a contract for the construction of the scavenging system and burner device in accordance with the public bid requirements of the Newport Beach City Charter. 3. CONSTRUCTION COSTS. Costs of construction shall be shared by the parties hereto on the following basis: Each party will pay a third of the total construction cost, subject to the limitation that the maximum contribution of the Union Oil Company will be $3,000, and the maximum contribution of the Association will be $4,000.. 4. CONTRACT ADMINISTRATION. City shall have sole responsibility for administration of the construction contract.._ -2- y�� R A l r E' 5. LICENSE. Association agrees to furnish City with a license.authorizing the City to use the Association property as shown on Exhibit "A" for the purpose of constructing and maintaining the scavenging system and burner device for a period of 5 years from the date of said license. 6. MAINTENANCE. Following installation of said odor control system, City agrees to provide maintenance services to assure that said system is maintained in good working order during the 5 -year term of the license agreement, provided, however, that the City shall have complete discretion to determine the manner, nature and frequency of such service, and to control tke operation of the system, and may terminate the maintenance and operation of said odor control system at any time with the mutual gni n oil Company of Calif =14 consent of the Association an t�e Union 031 Company. 7, EXPIRATION OF LICENSE. Upon expiration of the 5 -year term of said license, or sooner mutual termination, control of the scavenging system and odor burning device shall revert to the Association, unless the term of this agreement shall be extended by mutual consent of the parties. 8. HOLD HARMLESS. The. parties acknowledge that the proposed odor control system contemplated by this agreement is of an experimental nature, and that there is no guarantee of its success. Accordingly, each party, in consideration of the mutual promises contained in this agreement, agrees that it will refrain from filing any claim for damages or bringing any "Legal action in the courts against any of the other parties which in any wasp is based upon or related to any alleged malfunction of the odrr control system or alleged failure of the system to reduce of control the odor problem in the vicinity of its installation IN WITNESS WHEREOF, the parties hereto have executed -3- • a this agreement as of the date first above written. CITY OF NEWPORT BEACH x, C s' B St B Y: - 1��1;1 {a1N1L'i4i _ APPROVED AS TO FORM: ATTEST: City Vctorney City Cler c/ CITY Dated: if avc.v /i(.e' Dated: 2 .rtJA1t' /�J(,9 UNION OIL COMP F G fRMIA Y: R. R. Cowan Title: Division Sales Manager By: Title: �� I- - GOLISCH, ASSISTATT SECRETARY UN-10N BALBOA OVES CO', ZI�.'3C ASSOCIATI N i- -4- ASSOCIATION THS:mh 6/26/69 w �miax \v 1\� Z r� ti t � �J r. PUBLIC WCR;:S Al 3 IR i EEACH ' EP:,RTNIE °d T APPROVED WEST lZE- A4o0.e7- .4.2E4 PUS: -IC WORXS DIRECTOR ti'0X 10(1,6 0.40 RE. Na. FG d d T10DRavr►N8 xo� P/ PE L r+ a RESOWTION NO, 7037 A RESOLUTION OF TAR CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZIM THE E[ECUTION OF A COOPERATIVE AGREEMENT WITH TSB UNION OIL COMPANY AND THE BALBO& COVES COMMUNITY ASSOCIATION FOR. THE CONSTRUCTION AND MAINIERANCE OF A SCAVEWIN6 SYSTEM AND BURNER DEVICE FOIL CONTROL OF NOSIOUS GAS SEBPA66 AT WEST PACIFIC COAST HII�tAY WHEREAS, there has been presented to the City Connell of the City of Newport Beach a cooperative agreemont between the City of Newport Beach, the Union Oil Company and the Balboa Coves Community Association for the construction and mainteaanee of a scavenging system and burner device for control of noxious gas seepage at West Pacific Coast Highway; and WHEUAS, the City Council has considered the terms and conditions of said contract and found them to be fair sad equitable; Now, Tm=roRE, BB IT RESOLVED that said cooperative. agreement for the project above described 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. ADOPTED this lath day.of August, 1969. ATTEST: ZI ty er, i THS:mh ,_• 8/6/69 Too MA I A,nj 0 4 Zvi E - 1 e - Aimz hitK k p y t F F f Y L all e h p y t F F f Y L all 2 2 k - FF C _ E i Ta t r rn z { � u lot na: x • c. ... .. t .0. c! { r "OIL oil! h fi b, k - FF _ i 3�zh u lot na: { r 1 r 5 _ k d a too, P i . SE d i .. .. .. The BALBOA COVES ITY ASSOC3ATXQX9 California non- profit;..%brporation, hereinafter raked "Association ", hereby grants to tiUa City of Newport "a municipal corporation, hereinafter called "ci .',,tho.right to eater upon, and to erect, construct and maintain a`,.` enging system znoo - 'burner device for the purpose of noxious odor control on, the.folloping described real property owned by the Association: 'That portion of Lot B Tract No. 101.1 as:.:ppr map recorded in Book 36, Page.17 of Miscellapeous-'Maps, ...records of Orange County, California, bounded:on.'Efie West by the easterly l iie of Lot 72 of said Tract No., 1011, bounded on the North'by the southerly right - of -way line of West Pacific. Coast. Highway bounded on the South by'an existing cinder block `call fence and bounded on the East by a line parallel with . aid distant easterly 145.00 feet from said easterly line of .Lot 72. This license shall be for a term offive (5) years from the date of its execution by Association`and'shall be subject to termination by the Association at such earlier time as the City, the Association and the Union.0i1 Company shall determine that the maintenance and operation of the scavenging system and odor burning device should be terminated... BALBOA.rS COMNITY ASSOCIATION Dated: 1969 Y, 4 ,I -: i I .. _ .... ... .... .. " „wig , .. _. .. I CITY OF NEWPORT BEACH Date _AMpot 14. 1%9 TO: Public Works Department FROM: City Clerk SUBJECT: Contract No. MIM _ 234C Project CeeM ohms aesosawat !or tM iastallaties sad maWasmoo et a assiwa far reap odor device la tie VichdAr of Balboa cares Attached are 3 executed copies of subject contract for your files and for transmittal to the contractor. Contractor: Uaiea OU Co. k Balboa Coves cemewsaitp Assoc. ROM 5 -226 13 sonm core, rlswpM Beaeb Address: P.M. Boa 7600. 1%A. Alfas Lim A. rorfaser. Prof. Amount: $ 53.000 64.000 Effective Date: 112169 Resolution No. 70$7 _ adopted on 8111/69 LL:dg Att. Finance Department 0 cc: 'OK COOPERAT FOR THE INSTALLATION OF A N©BIOUS.GAS EP ODOR'' °DEVICE IN t, $EACH ..CALIF THIS AGREEMENT entered into this ja a day of 1969, by and.between_ the CITY OF _NE_W1?O1tT BEACH, V -fon 0-n i'om and oP Val�fo is ' hereinafter called "City ", the UNION (IL CMANY, herein €ter called 'union ", and the BALBOA COVES COMMUNITY ASSOCIATION, hereinafter called "Association ": RECITALS: A. The presence of noxious gases of seepage origin in several areas of the West Newport section of the City of Newport Beach has created offensive odors and a minor fire risk which have stimulated the City Government to investigate methods of alleviating these problems. In Narch, 1968, a report entitled "Noxious Gas Seeps in Newport Beach" was prepared by George P. Zebal, Geologist, in coordination with the Public Works Department.of the City, which analyzed the problem of the West Newport gas seeps, and recommended various abatement measures, including the use of flares and venting structures to dispose of the gas fumes. The Zebal Report identified four specific areas of seepage, the largest and most offensive of which areas was identified as Seep No. 20 the Coast Highway seeps.. B. In the 1969 -70 budget, the City Council appro pria'the sum of $10,000 for the purpose of creating a two - phase program for the control and monitoring of petroleum seeps in the West Newport area. The funds appropriated are to be used for the construction of suitable vent structures with { burning devices over the identified seeps, in order that the 4 Y 3:: ,•. � � 1 I- L majority of 'gases may be borned CA the.atmo phere. ..; °. C. Representative the - Baibsta Coves Qn�lon .of Calfforn t Community Association ifid,the Union many have held discussions for. p of arriving at a agreement whereby the three parties w6u d arr for the construction of a being discharged ink owned by thg Balboa Coves Community Asse ,ia'tion, which is °. C. Representative the - Baibsta Coves Qn�lon .of Calfforn t Community Association ifid,the Union many have held discussions for. p of arriving at a agreement whereby the three parties w6u d arr for the construction of a scavenging system and burner a parcel of property owned by thg Balboa Coves Community Asse ,ia'tion, which is _ located immediately adjacent to -the Ua og.0il service station at 3939 West Pacific Costt Highway, ' AGREEMENT: '- THE PARTIES HEREBY AGREE AS FOLLOWS: i kk l.. PREPARATION AND APPROVAL OF PLARS, SPECIFICATIONS k AND COST ESTIMATES. City shall'at its expense prepare detailed. plans, specifications and cost estimates for the construction of a scavenging.system and burner device at the location shown on the drawing marked Exhibit "A ", which is attached hereto. Upon completion of the plans, specifications and cost estimates for the project, City shall submit the same to the Association and Union for approval. 2. AWARD OF CONTRACT. After written approval by Association and Union has been obtained,.City'shall proceed to,:,. - award a contract for the construction of -the scavenging system and burner device in accordance with the public bid requirements of the Newport Beach City Charter, 3. CONSTRUCTION COSTS, Costs of.copetnuctioo shall be shared by the parties hereto, on the.,foljowin$ basjs,.;`Etch party will pay a third of the'total construction cost, subject to the limitation that the maximum contribution'o'' bo `Union Oil Company will be $30000, and the maximum contribution of the .Association, will be $4,000., 4, CONTRACT ADTPISTRATION. City shall have sole responsibility for administrattgn of the construction contract a di. a license authorizing the Ci as shown on Exhibit "Q" for ti maintaining the se,iav ay,F of 5 years from the date v $! 6. ;MAINTENANCE,` Fol stalkdtion o£.said odor ..f. control system, City agrees to provide 'o tae services to assure that said system is maintained in good working order during the 5 -year term of the license agreement, provided, however, that the City shall have complete discretion to determine the . manner, nature and frequency of such service, and to control the operation.of the system, and -may terminate the maintenance and operation of said odor control system at any time with the mutual n n'oiI o ®p of California u 1 C any _ . consent of .the Association anu tte Union Oil Company. 7. EXPIRATION OF LICENSE.. Upon expiration of..the. . 5 -year term of said license, or sooner mutual termination, control of the scavenging system and odor burning device. shall revert to the Association, unless the term of this agreement shall be extended by mutual consent of the parties. 8. ,HOLD HARMLESS. The parties acknowledge that the proposed odor control system contemplated by this agreement "is of an experimental nature, and.that there is no guarantee of its success. Accordingly, each party, in consideration of the .mutual . promises contained in this agreement, agrees..that it will refrain from filing any claim for damages.or bringing arty i:egal action''. in the courts against any, of the other parties which in any °way is based upon or related to any alleged.malfunction of the odor control system or alleged failure of the. system to reduce of control the odor problem in the vicinity of its installation. C Dated: /g C4 U APPROVED AS TO FORM; GIty tftbrno-yv .1 Dated: ��y /go Dated: 2 7 J'0kJ�1!P647 m CITY OF NEWPORT BEACH ATTEST: My cte t/ a CITY UNION OIL COMP 2r F MIA By: R. v R. Cowan Title: Division Sales Manager By: Title: 'GOLISCH, ASSISTANT SECRETARX UNION ry it ATTEST: My cte t/ a CITY UNION OIL COMP 2r F MIA By: R. v R. Cowan Title: Division Sales Manager By: Title: 'GOLISCH, ASSISTANT SECRETARX UNION ry 4b 4b `a Y t � x 1 1. � x J t V C V V I..I `C V U V V V CITY OF NEWPORT REACH PUBLIC WORKS DEPARTMENT WEST .UEG✓l�027- .4.eE4 iL/DX /DL/S G43 .SEE/�IJGE - DRAWN _LY•,-^7- DATE APPROVED i I Q u c� PUBLIC WORKS DIRECTOR - L DRAWING NO. a. RESOLUTION No. 7037 A ZESoum= OF Ta CITY comm Or THE CITY OF MW MT UWX A=MjZ W TH9 TION 017 A COOPERATIVE JfM T� = OIL C�AXY AND THE RAU A 'iwm Y �{OCL#TION FM THE CONSTRUCTION AND !MAINTENANCE'oF A SCAVENGING SYSTEM AND WJUHR DEVICE FOR CONTROL OF PIOUS XZVA+GE AT WEST PACIFIC COAST RIMMY WH=XAS, there has been presented to the tty Council of the City of Newport Seaeh a cooperative agreownt between the City of Newport Beach, the Union Oil Coenany and tvM Balboa .Coves Comomity Association for the construction and maintewmS of a scavenging system and burner device for control of n*A066 gas seepage at West Pacific Coast Highvay; and WHWAS, the City Council has considered the terms and conditions of said contract and found them to be fair and equitable; NOR, THELtBrM. BS IT RZSGLVZD that said cooperative agreement for the.project above described Is.approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same an behalf of the City of Newport Beach. ADOPTED this 11th day of August, 1969. yor ATTEST: tp C Lev THSsmh 8/6/69 a r I C''4•. � i � "4 .=f� i � W iAlk `#vihi , ['�e d r) 3'y�4 a � 1 -. �ry t a �•' °e SFi `�bW��, x' S�� 4 µ ,/ 2""4' w s £ .a'". ". s. }�. �'•y -� ,n y�a,w�A � aa,, d n � � - i"Si@a 'y' ,nY yur � ei2 aiaS't �S i i yt� r� w g FF; 4a•k�i, ly'"`w� e�P �i' re.�a ,�^.ix.' 4 T E3. 4 �Z� �z fft h aaPY y £ IR ��s"S,L ;>�`�' .�.• s Y v J`Ea� r b 1' fit!✓,•.? '� �� �4 � R�4 •�'� '�G a 5i r'v e < r �` h r ° ^e �4.. x t •� .wi �i+ r ! :: 'W ti i�: r.Gia r - s t r 'al t b�.�xa• 4 � y, ss + t x`f� 5.: +'�C r4 {.. •�•y .!,tit �Y'�`.+� rh,�. s�„F t G x x 4f I •' � r.' ��NN y. ,f. r� l� aSl: ri 5 u4 IN 4.0 �!c �lf�ia [ah jr jY.q � •. � �a.LS. �t-t x 5N'dljC „���.•• S ( "(aJ•YAn yrfEy f xF �:�� d