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HomeMy WebLinkAboutC-1329(B) - University Drive North construction, Jamboree & MacArthur6 4tv, CITY OF NEWPORT BEACH TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. C -1329 Description of Contract CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE October 30, 1973 ♦. .. A3F-M, 0,7M,7, + Authorized by Resolution No. 8104 , adopted on 10 -9 -73 Effective date of Contract October 9. 1973 Contract with State of California as Address City of Irvine Pmount of Contract we oentract city clerk STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY RONALD REAGAN, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 7, P.O. BOX 2304, LOS ANGELES 90054 October 26, 1973 07- ORA -73 R3.7/R4.8 0.3 M1. S. of Bonita Canyon Rd. to Jamboree Rd. 07208 - 036121 Mr. Joseph T. Devlin City of Newport Beach 3300 W. Newport Boulevard Newport Beach, CA 92660 Dear Sir: Here is your fully executed copy of the Cooperative Agreement between the City of Newport Beach, City of Irvine and State which provides for the construction of a portion of University Drive North. We are also attaching for your convenience and use two additional copies of the Agreement. Very truly yours, R. E. TOMLINSON Senior Engineer Project Development Branch B Attachs. RECEIVED `C PUBLIC WORKS OCT 3 01973 CITY OF NEWPORT BEACH, "x CALIF. X\ FIR 07- ORA -73- R3.7/R4.8 0.3 hli. S. Bonita Canyon Road to Jamboree Road 07208 036121 District Agreement No. 2989 COOPERATIVE AGREEMENT THIS AGREEMENT, MADE AND ENTERED INTO ON THIS 9T// , DAY OFC* /P , 19739 BY AND BETWEEN AND AND CITY OF NEWPORT BEACH a body politic and municipal corporation of the State of California, hereinafter referred to as "NEWPORT" CITY OF IRVINE a body politic and municipal corporation of the State of California, hereinafter referred to as "IRVINE" STATE OF CALIFORNIA acting by and through its Business and Transportation Agency, Department of Transportation, hereinafter referred to as "STATE" Y WITNESSETH: WHEREAS, STATE is preparing plans for construction of the Route 73 Freeway between 0.3 mile south of Bonita Canyon Road and Jamboree Road, said portion of the Route 73 Freeway to be hereinafter referred to as "FREEWAY "; and WHEREAS, STATE proposes construction of a portion of University Drive North, hereinafter referred to as "STREET "; and WhEREAS, STREET is shown on the Master Plan of Arterial Highways of the County of Orange; and WHEREAS, STREET is shown on the Master Street and Highway Plan of NEWPORT; and WHEREAS, NEWPORT and IRVINE desire to commence construction of STREET; and WHEREAS, the limits of construction of STREET by STATE, NEWPORT, and IRVINE are shown on Exhibit "A" attached hereto, and by this reference made part of this Agreement; and WHEREAS, NEWPORT and IRVINE desire and are willing to pay the cost of construction of that portion of STREET as shown on Exhibit "A" by NEWPORT and by IRVINE; and WHEREAS, STATE is willing to include design and construction of that portion of STREET as shown on Exhibit "A" by NEWPORT and by IRVINE in its freeway project; and - 2 - WHEREAS, NEWPORT and IRVINE will bgnefit by utilizing STATE'S service in constructing STREET; and WHEREAS, it is in the mutual and best public interest that STREET be constructed as part of STATE'S freeway construction project; and WHEREAS, STATE, NEWPORT and IRVINE do mutually desire to cooperate and jointly participate in construction of STREET and desire to specify herein the terms and conditions under which STREET shall be designed, constructed, financed and maintained; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: STATE AGREES: A. B. SECTION I To prepare all plans and specifications required to construct STREET. To furnish or cause to be furnished all labor, materials, tools, and equipment necessary to construct STREET in accordance with said plans and specifications and the provisions of this agreement. - 3 - C. To bear the cost of construction of that portion of STREET shown on Exhibit "A" to be constructed by STATE. D. At no cost to NEWPORT or IRVINE to acquire all rights of way for that portion of STREET shown on Exhibit "A" to be constructed by STATE and by IRVINE. E. To notify NEWPORT and IRVINE in writing 15 days prior to the start of construction of STREET. ECTION II NEWPORT AGREES: A. To bear the cost of design and construction of that portion of STREET as shown on Exhibit "A" by NEWPORT and as set forth hereinafter in Sectian IV -D. B. At no cost to STATE, to acquire all necessary right of way to construct STREET, as shown on Exhibit "A" construction of STREET by NEWPORT. - 4 - 0 C. At no cost to STATE, to make arrangements for and cause relocation, modification, or adjust- ment of utilities, or devices which will conflict with construction of STREET as shown on Exhibit "A" construction of STREET by NEWPORT. D. To permit STATE to enter NEWPORT'S right of way for construction of STREET or other work being performed as part of STATE'S freeway project. E. To deposit with STATE, within 30 days of receipt of billing therefor, the sum of $13,000.00, the estimated cost of design engineering of that portion of STREET as shown on Exhibit "A" by NEWPORT. F. To deposit with STATE, within 30 days of receipt of billing therefor, but not before STATE'S bid advertising date, the amount of $239,800.00, the estimated cost of construction, including the cost of construction engineering of that portion of STREET as shown on Exhibit "A" by NEWPORT. - 5 - 9 G. To accept responsibility for maintenance of STREET within NEWPORT upon written notice from STATE that STREET is complete within the meaning of Section Iv -C of this Agreement. H. To obtain permits that might be required for the construction of STREET as shown on Exhibit "A" construction of STREET by NEWPORT in compliance with the California Coastal Zone Conservation Act of 1912. I. To indemnify and save STATE harmless from any claims of damage to person or property caused by any drainage diversion by reason of construc- tion of STREET. J. To reimburse STATE for all expenses incurred by STATE on behalf of NEWPORT including any cost incurred by STATE pursuant to change order to STATE'S contractor for deleting NEWPORT'S construction should the portions of construction of STREET as shown on Exhibit "A" by NEWPORT be deleted from STATE'S contract at NEWPORT'S request. - 6 - SECTION III IRVINE AGREES: A. To bear the cost of design and construction of that portion of STREET as shown on Exhibit "A" by IRVINE and as set forth hereinafter in Section IV -D. B. To deposit with STATE, within 30 days of receipt of billing therefor, the sum of $84.00, the estimated cost of design engineering of that portion of STREET as shown on Exhibit "A" by IRVINE. C. To deposit with STATE, within 30 days of receipt of billing therefor, but not before STATE'S bid advertising date, the amount of $1,540.00, the estimated cost of construction, including the cost of construction engineering, of that portion of STREET as shown on Exhibit "A" by IRVINE. D. To accept responsibility for maintenance of STREET within IRVINE upon written notice from STATE that STREET is complete within the meaning of Section IV -C of this Agreement. - 7 - • E. To indemnify and save STATE harmless from any claims of damage to person or property caused by any drainage diversion by reason of construc- tion of STREET. F. To reimburse STATE for all expenses incurred by STATE on behalf of IRVINE including any cost incurred by STATE pursuant to change order to STATE'S contractor for deleting IRVINE'S construction should the portions of construction of STREET as shown on Exhibit "A" by IRVINE be deleted from STATE'S contract at IRVINE'S request. SECTION IV IT IS MUTUALLY UNDERSTOOD AND AGREED: A. That should that portion of STREET as shown on Exhibit "A" construction by NEWPORT be deleted from STATE'S contract due to the inability of NEWPORT to comply with the pro- visions of Section II -H, the provisions of this Agreement shall become null and void, except that NEWPORT and IRVINE agree herein to reimburse STATE for all expenses incurred by STATE on behalf of NEWPORT and IRVINE including - 8 - 0 0 any cost incurred by STATE pursuant to change order to STATE'S contractor for deleting the portions of "STREET as shown on Exhibit "A" by NEWPORT or by `IRVINE. B. That if, upon receipt of bids, it is found that the amounts deposited by NEWPORT pursuant to paragraphs II -E and II -F and IRVINE pursuant to paragraphs III -B and III -C is in excess of the sum of: 1. The estimated cost of construction for that portion of STREET as shown on Exhibit "A" by NEWPORT and /or by IRVINE based on bid prices contained in the apparent low bid and the estimated quantities shown on Exhibit "B" and Exhibit "C ". 2. Supplemental work - which shall include but not be limited to maintaining traffic and signs, construction sign depreciation, moving, erecting and repairing signs and settlement platform installation - shown on Exhibit "B" and Exhibit "C ". - 9 - 3. STATE furnished materials and expenses - which shall include but not be limited to construction sign rental, settlement plat- forms and incandescent lamps for traffic signals - shown on Exhibit "B" and Exhibit licit . 4. Contingencies in the amount of five percent (5 %) of said estimated construction cost, supplemental work, STATE furnished materials and expenses, and 5. Engineering, administration and overhead computed at sixteen percent (16 %) of said estimated construction cost, supplemental work, STATE furnished materials and expenses and contingencies, The overdeposit shall be refunded by STATE to NEWPORT and /or IRVINE upon receipt of written request. If said sum exceeds the amount deposited by NEWPORT and /or IRVINE, NEWPORT and /or IRVINE will promptly upon demand therefor, pay said excess to STATE. If said excesses in either case are less than $1,000, no adjustments will be made prior to final accounting. - 10 - C. That STATE shall notify NEWPORT and IRVINE in writing within 90 days after completion of STREET of the estimated date when the final accounting for the cost of design and construc- tion of STREET will be submitted. If, at the time said notice is given, an overdeposit exceed- ing $1,000 is apparent and final accounting is to be delayed more than 180 days, the over- deposit shall be returned by STATE to NEWPORT and /or IRVINE on demand. The final accounting shall be presented as promptly as possible after the date of completion of STREET.. For purposes of this Agreement, the STREET shall be deemed complete on the date on which the Director of Transportation relieves the contractor of the duty to maintain and protect STREET, as provided in Section 7 -1.15 of STATE'S Standard Specifi- cations, or on the date on which the Director of Transportation accepts STATE'S freeway construction project contract, whichever comes first. - 11 - M D. That STATE shall present to NEWPORT and IRVINE a final accounting of the cost of design engi- neering, construction engineering, and construc- tion of that portion of STREET as shown on Exhibit "A" to be constructed by NEWPORT or by IRVINE promptly after such costs become determinable. The cost of design engineering, construction engineering and construction of that portion of STREET as shown on Exhibit "A" by NEWPORT or by IRVINE to NEWPORT or IRVINE shall be computed as the sum of the following costs: 1. The cost of construction of that portion of STREET as shows on Exhibit "A" by NEWPORT or by IRVINE computed on the basis of actual items and quantities involved and unit bid prices of STATE'S contractor. For purpose of this Agreement the final cost involved for the lump sum bid items of mobilization, clearing and grubbing, develop water supply and finishing roadway as defined in Sections 11, 16, 17, and 22 of the STATE'S Standard Specifications will be on a pro -rata basis. - 12 - The cost of these items shall be a sum bearing the same proportion to the cost of said lump.sum items in STATE'S freeway construction project contract as to the total cost of NEWPORT'S or IRVINE'S portion of work bears to the total cost of STATE'S contract items, less the cost of said lump sum items. 2. The actual cost of extra work or change orders agreed on in accordance with paragraph IV -E hereof. 3.. The actual cost of STATE.furnished materials and expenses 4. The cost of design engineering, adminis- ation and overhead computed as six percent (6 %) of the total cost payable by NEWPORT or IRVINE under paragraphs IV -D.1, IV -D.2 and IV -D.3 hereof. 5. The cost of construction engineering, administration and overhead computed as ten percent (10 %) of the total cost payable by NEWPORT or IRVINE under paragraphs IV -D.1, IV -D.2 and IV -D.3 hereof. - 13 - i • E. That any changes requested by,STATE, NEWPORT or IRVINE hereto in the construction of that portion of STREET as shown on Exhibit "A" by NEWPORT or by IRVINE that may become necessary or desirable prior to completion of the work shall require the written approval of both NEWPORT or IRVINE and STATE. The cost of the aggregate of such approved changes, if within the amount provided for supplemental work and contingency items may be taken from said amount. If the cumulative cost of approved changes, plus engineering, administration and overhead attribu- table thereto, at any time exceeds the amount provided for supplemental work and contingencies by more than $1,000, NEWPORT or IRVINE will, upon receipt of claim therefor, deposit with STATE the amount by which said cost exceeds the amount provided for supplemental work and contingencies. F. That during construction of STATE'S freeway project, STATE will furnish a Resident Engineer to perform the usual function of a Resident Engineer. NEWPORT and IRVINE may furnish Resident Engineers but the orders of STATE'S Resident Engineer to the contractors or other persons in charge of said project will be final. - 14 - G. That should any portion of the project be financed with Federal Funds or State Gas Tax Funds all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. H. That neither STATE ror any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by NEWPORT or IRVINE under or in connection with any work, authority or jurisdiction delegated to NEWPORT or IRVINE under this agreement. It is also understood and agreed that, pursiant to Government Code Section 895.4, NEWPORT. or IRVINE shall fully indemnify and hold STATE harmless from any lia- bility imposed for injury (as defined by Govern- ment Code Section 810.8) occurring by reasons of anything done or omitted to be done by NEWPORT or IRVINE under or in connection with any work, authority or jurisdiction delegated to NEWPORT or IRVINE under this agreement. - 15 - 0 F-1 I. That neither.NEWPORT or IRVINE nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of any- thing done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction not delegated to NEWPORT or IRVINE under th is agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold NEWPORT or IRVINE harmless 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 STATE under or in connect-:nn with any work, authority or jurisdiction not delegated to NEWPORT or IRVINE under this agreement. - 16 - r • • IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year hereinabove written. STATE OF CALIFORNIA Department of Transportation JAMES A. MOE Director of Transportation By ,�•�. strict rector CITY OF NEWPORT BEACH OCT 9 1973 BY - 17 - At APPROVED AS TO FORM AND PROCEDURE ah� tlL A:55,( City ttorney CITY OF IRVINE BY a or Attest; CY � 'r' . .. _ APPROVED AS TO FORM AND PROCEDURE / ITEM ITE'A NO. CODE 1 150103 2 150).0 3 1503.5 4 160101 5 1701f,1. 6 1901.01 7 1920 ?l 8 193001 9 19F3 050 10 20201 I1 2030 ;8 12 204044 13 220101 14 250401 15 260201. 16 i90301 17 391001 18 394012 19 3970,78 20 510502 21 650311 22 650316 23 650320 24 650324 25 050328 26 707217 27 707406 • STATE OF CALIFORNIA DEPARTMENT OF fRANSPOHTA"iIiTN PROJECT DEVELOPMENT PRELIMINARY ESTIMATE OF COST IN ORA CTY. IN IRVINE AND NEWPORT REACHr .3M S OF BONITA CY RD - JAMBOREE RD AGREEMENT NO. 2989 EXHIBIT 6 ITEM DESCRIPTION AB NDO J °r1ANH01_E t.T3,NOON CULVERT 0i_I Tr 2ATE SURFACING CLEARI'dG AND GU�1''IING DEVELOP WATER SUP.'LY ROADWAY EXCAVATION STKUCTJRE EXCAVATION STRUCT(IRF BACKFILf- EMRANKMENT COMMERCIAL FERTILIZER STRAW SEA D FINISHTNG ROADWAY CLAS_, 4 AG;REGATE SUBiiASE CLASS 2 AG„RE9ATE BASE A5:,REGATE (TYPE H ASPHALT CONCRETE) PAVING ASPHALT (ASPHALT CONCRET%:) PLACE ASPHALT CONCRETE DIKE (0.5to TYPE 9) ASPHALTIC EMULSION (FOG SEAL COAT) JINOR CONCRETE (MINOR STRUCTU.lF) 18" REINFORCED CONCRETE PIPE (CL AS; 17: ) 24" REINFORCED CONCRETE PIPE (CLASh Ili.) 30" REINFORCED CONCRETE PIPE (C�_ASS I' '1) 36" REINFORCED CONCRETE_ PIQE (C!_AS:'S [T)) 42" REINFORCED CONCRETE PIPF (CLASS I1') 3F," PRFCAST CONCRETE PI,'E 111 /,,.lH)LE 18" P ;t_CGST CONCRF"TF PIPE kzlst -t SHEET 1 OF 2 07- ORA -73 R3.7/R4.8 SOURCE OF FUNDS CITY OF NEWPORT BEACH UNIT OF QUANTITY UNIT AMOUNT MEASURE PRICE EA 1 $ 501.On $ 500.00 EA 1 $ 500.00 $ 500.00 SOYD 1467 $ .20 $ 293.40 LS $ $ 3000.00 LS $ $ Ion0.On CY 31150 $ .20 $ 6230.00 CY 1792 $ 5.0n $ 8960.0.; CY 458 $ 6.00 $ 2748.0n CY 63400 $ .40 $ 25360.00 TON 1.5$ 180.00 $ 270.0^ TON 24 $ 115.00 $ 2760.00 LB 300 $ 050 $ 150.00 LS $ $ 500.00 CY 2.850 $ 2.00 $ 5700.00 CY 19on $ 5.50 $ 10450.00 TON 3250 $ 7.60 $ 24700.00 TON 165 $ 30.00 $ 4950.On LF 3382 $ .60 $ 2029.20 TON 4.5$ 80.00 $ 360.0(i CY 72 $ 200.00 $ 14400.Of) LF 326 $ 8.00 $ 2606.00 LF 724 $ 9.00 $ 6516.00 LF 106 $ 1:1.00 $ 1166.00 LF 44 $ 14.00 $ 616.0 ") LF 260 $ 25.00 $ 650n.01) LF 12.2$ 65.00 $ 793.01, LF 2.6$ 40.0'+ $ 104.0:) SRFI_IMINARY ESTIMATE OF Cw SHEET 2 OF 2 07- ORA -73 R3.7/R4.8 ITEM ITEM ITEM DESCRIPTION UNIT OF (QUANTITY UNIT NO. CODE MEASURE PRICE 28 721501 CONCRETE (CONCRFTED -ROCK CY SLOPE PROTECFliAl) 29 721507 CONCRETED -ROCK SLOPE CY PROTECTION (1 /4 TONP ME TH00 A) 30 731')04 MINOR CONCRF_T" (CURB ANO CY GOT 'ER) 31 750'101 rlISCrni_ ;.ANEOIJS IRON AND LB STE`71_ 32 8;520f11 MIETAL BEAM GUARD :RAILING LF 3::i 1:139526 CAFA-E ANCHOR ASSEMBLY EA 34 850309 SIGNAL (LOCATION H) LS 35 9; .' "' >0 MOBILIZATION LS 18 $ 30.00 $ 74 $ 12.00 S AMOUNT 540.00 886.0 () 12 $ 50.00 $ 600.00 4474 $ .40 4 1789.60 52 $ 10.00 1 $ 200.00 $ $ SUBTOTAL CONTRACT ITEMS = $ SUPPLEMENTAL WORK MAINTAIrN TRAFFIC $ 3000.00 SETTLIEM =rdT PLATFORM $ 500.00 INSTAL !..ATION SUBTOTAL SUPPLEMENTAL WORK = $ STATE FURNISHED MATERIALS AND EXPENSES SIGN RENTAL SET7LEMcNT PLATFORMS INCANDESCENT LAMPS $ 500.00 $ 500.00 $ 30.00 SUBTOTAL STATE FURNISHED MATERIALS AND EXPENSES = $ P!?OJEC'r SUBTOTAL = $ Contingencies 5.00% = PROJECT TOTAL A. CONSTRUCTION COST = $ AMOUNT TO BE DEPOSITED BY CITY OF NEWPORT BEACH: B. DESIGN ENGINEERING, ADMINISTRATION AND OVERHEAD (6% of A) C. CONSTRUCTION, CONSTRUCTION ENGINEERING, ADMINISTRATION AND OVERHEAD (A + 10% of A) D. TOTAL TO BE DEPOSITED BY CITY OF NEWPORT BEACH (B + C) $ 520.00 $ 200.00 $ 44000.00 $ 20000.OU 201701.20 3500.0(1 1030. 0) 206231.20 10311.56 216542.76 218000.00 $ 13000.00 _ $ 239800.00 $ 252800.00 ITEM IT : -i NO. COO 1 2602'11 2 390,501 3 391(j01 4 9' %c)�� -�0 So STATE OF CA!_IFORNIA EPfkRTMENT Or TRANSPOR T AY -J PROJECT DEVE-LOPMENT PRELIMINARY ESTIMATE OF COST IN 01 {ti. C TYr IN IRVINE AND NEv1P0,,.T EJFACHr .3M S OF BONITA CY RD— JAMBOREE RD AGREEMENT rJO. 2989 EXHIBiI C ITEM DESCRIPTION CLAc'- 2 AG );LEGATE BASE AG>>, LEGATE ( TYPE B ASPH \1_'F COiNI�RFT;:) PAVING ASPHALT (ASPHALT CONC�tET1=) MOB ILI ?AT ION SHEET 1 OF 1 ' 07— ORA -73 R3.7/R4.8 SOURCE OF FUNDS CITY OF IRVINE CNI( OF UUANTITY UNIT MEASURE PRICE CY 80 $ 5.50 $ TON 80 $ 7.60 $ ION 4 $ 30.00 $ LS $ $ SUBTOTAL CONTRACT ITEMS = $ PROJECT SUBTOTAL = $ CONTINGENCIES 5.00% = $ PROJECT TOTAL _ $ A. CONSTRUCTION COST = $ AMOUNT TO BE DEPOSITED BY CITY OF IRVINE: B. DESIGN ENGINEERING, ADMINISTRATION AND OVERHEAD (6/ of A) C. CONSTRUCTION, CONSTRUCTION ENGINEERING, ADMINISTRATIO14 AND OVERHEAD (A + 10% of A) D. TOTAL TO BE DEPOSITED BY CITY OF IRVINE (B +C) AMOUNT 440.On 608.Oi: 120.013 129.78 1297.78 1297.78 64.89 1362.67 1400.00 84.00 154o.00 1624.00 I rjl ` v � I o °° ✓` RTC ell MAGA ° PIA �o V yo OAI �•S I a4e.c. <w f oa I ` ��Zg � ry of N WiORr — a 67 Q u c Gpl { 9 0 l { a Z00 '1. o C t o a TE mpd6 _ � 1 1 a � a dS.�.oZ 44 un &21!w alar i' p691Ca or VJ�ON :IQ :nNl it bl « �r C- 1329(B) See Contract File for Exhibit A to the Cooperative Agreement with the State of California • CITY cii� • PUBLIC WORKS L£PARnMM Attention: Dan Webb cMY CLERK COOPERATIVE AGFM4 T WITA 7H£ CITY OF IRVINE AND THE STATE OF CALIFORNIA FOR OONSTRXTION OF A PORTION OF UNIVERSITY DRIVE NORTH. Enclosed are original and three copies of subject agreement which have been signed by the City, and two certified copies of Resolution No. 8104 authorizing execution of the agreement. Please transmit to the City of Irvine for signing, who will in turn send them to the State for execution. Please return a fully executed copy to our office. Laura Legios City Clerk LL:swk enc. 1973 - RESOLUTION NO. 8 10 4 "'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH, THE CITY OF IRVINE, AND THE STATE OF CALIFORNIA FOR THE CONSTRUCTION OF A PORTION_ OF UNIVERSITY DRIVE NORTH 1 WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach, the City of Irvine and the State of California for the construction of a portion of University Drive North; and WHEREAS, the City Council has considered the terms and conditions of said agreement and found them to be fair and equitable and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement 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 9th day of October, 1973. ATTEST; City Clerk Mayor