HomeMy WebLinkAboutC-1408(B) - Financial Agreement for the Widening of Hospital Road - Placentia to Newport BoulevardCITY OF NEWPORT BEACH
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 0-1408
Description of Contract
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
DATE October 4, 1971
betwaea City and
inpmvement of Hoepital Road
Authorized by Resolution No. R -7524 , adopted on 9 -13 -71
Effective date of Contract September 23, 1971
Contract with Presbyterien Hospital of Ormp Comty, Inc.
Address 301 Newport
Newport Beads, CA 92660
Amunt of Contract we Contract
0"m ot
-City Cle c ,
AGREEMENT
(IMPROVEMENT OF HOSPITAL ROAD BETWEEN .— /wo
PLACENTIA AVENUE AND NEWPORT BOULEVARD)
THIS AGREEMENT is made and entered into this " 3rd
day of 1971, by and between PRESBYTERIAN HOSPITAL
OF ORANGE COUNTY, INC., a corporation also known as Hoag Memorial
Hospital Presbyterian, hereinafter referred to as "Hospital ", and
the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter
referred to as "City ".
WITNESSETH:
WHEREAS, City and Hospital desire to improve that portion
of Hospital Road between Placentia Avenue and Newport Boulevard, as
delineated on a map attached hereto marked Exhibit "A" and by this
reference made a part hereof; and
WHEREAS, it is the mutual desire of the parties hereto
to provide for dedication of the right -of -way necessary for
improvement of Hospital Road; and
WHEREAS, execution of this agreement will provide for
fulfilling certain conditions of approval set forth by the City
on August 8, 1969, for amendment of Use Permit No. 1421;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION I
For and in consideration of the covenants and conditions
to be kept and performed by City as set forth herein, Hospital
agrees:
A. To convey by Grant Deed to City an Easement for
street and highway purposes over a strip of land,
as delineated on a right -of -way map attached
hereto and marked Exhibit "B"
-1-
B. To grant right cif entry to City to enter upon the
premises as delineated in red on Exhibit "B"
attached hereto for the ur ose of constructin
P P 9..,..;
(1) slope banks and -(2) constructing and maintaining
a retaining wall adjacent to Hospital Road. The
term of this entry permit for Item B -(1) shall be
until construction is complete; this entry permit
as applied to Item B -(2) shall remain in force and
effect until such time as said improvements are
removed or this agreement is mutually modified by
the parties hereto, and until such time City shall
maintain said improvement.
C. To bear the cost of design and construction of
Street Appurtenances as set forth hereinafter in
Paragraphs III.A.1, III.A.2 and III.A.3.
D. To deposit with City within 30 days of receipt of
billing therefor, the amount of ten thousand five
hundred dollars ($10,500), representing the estimated
cost for design and construction of Street Appurtenances.
E. To bear the cost and provide all services and
materials necessary for the installation and
maintenance of landscaping of the area delineated
in red on Exhibit "B" attached hereto.
SECTION II
For and in consideration of the covenants and conditions
to be kept and performed by Hospital as set forth herein, City
agrees:
A. To improve that portion of Hospital Road between
Placentia Avenue and Newport Boulevard as shown on
-2-
Exhibit "A ". pity shall grade the entire width
of right of way and construct the proposed typical
roadway sections shown on Exhibit "C ". Included
in the construction project will be the construction
of a retaining wall along the southerly side of
Hospital Road.
B. To indemnify and hold Hospital harmless from any
liability imposed as a result of any alleged
negligence of the City or its agents arising out
of the performance of the construction work provided
for in this agreement.
C. To grant Hospital ingress and egress through two
driveway approaches on the southerly side of
Hospital Road between Placentia Avenue and the
parking structure access road which is adjacent
to Hospital's westerly property line.
D. To grant Hospital ingress and egress through a
driveway approach on the southerly side of Hospital
Road at the intersection of Placentia Avenue with
Hospital Road. Said driveway approach shall be ap-
proximately centered on a prolongation of the
centerline of Placentia Avenue.
E. To grant Hospital ingress and egress through a drive-
way approach on the southerly side of Hospital Road
directly opposite the existing driveway between the
Park Lido Building and the Convalescent Hospital.
SECTION III
It
is mutually
understood
and
agreed:
A.
That for
purposes of
this
agreement Street Appur-
tenances shall be limited to the following items:
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• 0
(1) Sidewalk along the southerly side of Hospital
Road between Placentia Avenue and Newport
Boulevard.
(2) The additional excavation beyond the curbline
required to construct said sidewalk in Section
III.A.1.
(3) Street lighting system along the southerly
side of Hospital Road between Placentia Avenue
and Newport Boulevard.
B. That City shall present to Hospital a final accounting
of the actual cost of construction of Street Appur-
tenances promptly after such cost becomes determinable.
The actual cost of construction of Street Appurtenances
shall be computed as the sum of the following costs:
(1) The costs of construction of Street Appur-
tenances computed on the basis of actual
items and quantities involved and unit
bid prices of City's contractor.
(2) The cost of design and construction engineering,
administration, and overhead computed as twenty
percent (20 %) of total cost payable by Hospital
under Paragraph III.B.1.
C. That if upon final accounting an over deposit by
Hospital is apparent, that over deposit shall be
promptly refunded by City to Hospital.
D. That if upon final accounting the actual cost of
construction of Street Appurtenances exceeds the
deposit required in Paragraph I.D. the Hospital
shall pay the amount deficient to the City within
thirty days (30 days) after being presented with
a final accounting.
ME
0
0
IN WITNESS WHEREOF, the parties hereto have executed
this agreement on the date first above written.
Approved v�s a to foI r.
'z z
Acting City Attorney
-5-
CITY OF NEWPORT BEACH
Mayor
Attest:
City Clerk C
0
STATE OF CALIFORNIA
ss
County of Orange
0
On a-? 114-71 before me, the undersigned, a Notary
Public i and for said State, per red E- F. HIRTH,
known to me to be the Mayor, and , known to me to be Deputy
City Clerk of the municipal corporation that executed the within
Instrument, known to me to be the persons who executed the within
Instrument on behalf of the municipal corporation therein named,
and acknowledged to me that such municipal corporation executed
the within Instrument pursuant to a resolution of its City Council.
WITNESS my hand and official seal.
...................
L. PALEN
DOROTHY
Notary Public
State ct California
Principal ottice In
orange County
My Commission
Expires Feb. 9, 19731
STATE OF CALIFORNIA
ss
County of Orange
Z2�
Notary Publ4Lc in and for said
County and State.
PRESBYTERIAN HOSPITAL OF ORANGE
COUNTY, INC.AKA HOAG MEMORIAL
HOSPITAL PRESBYTERIAN
President
By:_ V-
Secretary
On / before me, the undersigned, a
Notar Public in and for said State, personally appeared
Alfred V. Jor?ensen known to me to be the
President, and Dora 0. Hill known to me to
be Secretary of the corporation that
executed the within Instrument, known to me to be the persons
who executed the within Instrument on behalf of the corporation
therein named, and acknowledged to me that such corporation
executed the within Instrument pursuant to its by -laws or a
resolution of its board of directors.
WITNESS my hand and official seal.
.... ...... ...............................
OFFICIAL SEAL
BEM R. R. ROTHROCK E
.,w Sb. NOTARY PUBLIC — CALIFORNI-
\� PRINCIPAL OFFICE IN
ORANGE COUNTY
a My. Commission Expires Apr. 30, 1975
Notar Public in and for said
County and State.
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VWs iY kw*ItXo bX IT MOLVIM that acid agrommant
for the 4edia"146 a" improveamt of Soepital ft" between
Plaaastia Avmaue and NwVpert Boulevard is appowed. &W the
Mayor aad City Cleft me baby authorimed and direated is
emw"o the' am* an behall of tbo City of hoport beach.
a►9'4'R84':
Amom od s 19th .4w of septembove 1071.
Mayor
► 14 �%
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF
AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH
AND PRESBYTERIAN HOSPITAL OF ORANGE COUNTY FOR
IMPROVEMENT OF HOSPITAL ROAD
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain agreement between the
City of Newport Beach and Presbyterian Hospital of Orange
County, Inc., also known as Hoag Memoxjal Hospital Presbyterian,
for the improvement of Hospital Road between Placentia Avenue
and Newport Boulevard; and
WHEREAS, the City Council has considered the terms and
conditions of said agreement and found them to be fair and
equitable;
NOW, THEREFORE, BE IT RESOLVED that said agreement for
the street improvement above descrikaed is approved, and the
rog
Mayor and City Clerk are hereby author zed and directed to execute
the same on behalf of the City of Newport..Beach.
ADOPTED this 24th day of May, 1971.
Mayor
ATTEST:
City Clerk
THS:mh
5/24/71