HomeMy WebLinkAboutC-1413 - Street & storm drain improvements - Lafayette & Lido Park DriveIlk
City Clerk
PUBLIC WORKS DEPARTMW
Attention. Bill Dye
CITY CLERK
November 27, 1972
AGREF M WITH WESTERN CANNERS, LTD. FOR IMPROVEMENT OF PORTIONS
OF IAFAYEM AVENUE, LIDO PARK DRIVE AND 31st Street
Attached are two copies of subject agreement. Please forward
one to Western Canners.
Laura Lagios
City Clerk
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CITY OF NEWPORT BEACH
CALIFORNIA
1'
TO: FINANCE DIRECTOR
FROM: City Clerk
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
SUBJECT: Contract No. lul3F
Description of Contract Financing Asmeement for Impmymmt of Anrtirmc of
Lafayette Avenue, Lido Paris Drive, 31st Street
Authorized by Resolution No. 7877 , adopted on Noverher 70, tg77
Effective date of Contract November 20, 1972
Contract with
c/o Burgess 5 Donovan
Address 2737 West Coast Hipbmw, rhrrma del *tnr
Amount of Contract see contract
City teN
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A G R E E M E N T
(Improvement of Portions of Lafayette Avenue,
Lido Park Drive and 31st Street)
THIS AGREEMENT is made and entered into this A, -7'1)
day of X0 vc,a 3� , 1972, by and between WESTERN CANNERS,
LTD., a limited partnership, hereinafter referred to as
"WESTERN ", and the CITY OF NEWPORT BEACH, a municipal corpora-
tion, hereinafter referred to as "CITY."
W I T N E S S E T H:
WHEREAS, CITY desires to improve portions of Lafayette
Avenue, Lido Park Drive and 31st Street; and
WHEREAS, a portion of these improvements are the
responsibility of WESTERN as set forth by the CITY as condi-
tions of approval for Use Permit No. 1521, approved June 3,
1971; and
WHEREAS, execution of this Agreement will provide
for fulfilling certain conditions of approval;
NOW, THEREFORE, in consideration of these premises,
it is hereby agreed by and between the parties hereto as follows:
I
WESTERN agrees:
A. To bear the cost of construction of street and
storm drain improvements as set forth hereinafter in Paragraph
III -A,
B. To deposit with the CITY within 15 days of
execution of this Agreement, the amount of Four Thousand Four
-1-
a
0 •
Hundred Dollars ($4,400.00) representing the estimated cost of
design and construction engineering of street and storm drain
improvements.
C. To deposit with the CITY within 30 days of
receipt of billing therefor, the additional amount of Twenty
Two Thousand Dollars ($22,000.00) representing the estimated
cost of construction of street and storm drain improvements.
II
CITY agrees:
A. To improve portions of Lafayette Avenue, Lido
Park Drive, and 31st Street, all as shown on Exhibit A, at-
tached hereto and by this reference made a part hereof.
B. To construct the storm drain improvements
delineated on said Exhibit A.
III
It is further mutually understood and agreed by and
between the parties hereto:
A. That for purposes of this Agreement, street and
storm drain improvements shall be limited to the following items:
(1) All street improvements including street
lights and P.C.C. cross gutter, constructed
in the shaded area as delineated on
Exhibit A.
(2) A storm drain tidal structure on the
westerly side of Lido Park Drive.
B. That CITY shall present to WESTERN a final ac-
counting of the actual cost of construction of street and storm
-2-
improvements promptly after such cost becomes determinable.
The actual cost of construction of street and storm drain
improvements shall be the sum of the following costs:
(1) The costs of construction of street and
storm drain improvements computed on
the basis of actual items and quanti-
ties involved and unit bid prices of
CITY'S contractor.
(2) The costs of design and construction
engineering contract administration,
and overhead computed as 20 percent
(200%) of total cost payable by WESTERN
under Paragraph III -B(1).
C. That if upon final accounting the deposit by
WESTERN is in excess of the costs set forth in Paragraph III -B,
that excess deposit shall be promptly refunded by CITY to WESTERN.
D. That if upon final accounting the actual cost of
construction of street and storm drain improvements exceeds the
deposit required in Paragraph I -C, WESTERN shall pay the excess
amount to the CITY within thirty days (30 days) after being pre-
sented with a final accounting.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on the date first above written.
APPROVED AS TO FORM:
l K-1-tu,
a5s�; City Attorney
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CITY OF NEWPORT BEACH
By�fCl4�
Mayor
ATTEST:
WE64 /TJ /RN��� LTD.
ity Clerk
CITY
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45Y 1'�457ERN
CITY OF NEWPORT BEACH DRAWN. -5-5 DATE /-/ZMZZ--
PUBLIC WVWS DEPARTMENT APPROVED
exwal.r PUBLIC WORKS DIRECTOR
R.E. NO.
DRAWING NO. lq- 5001 -/-
0 6
RESOLUTION NO. [ S7 7
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 WESTERN CANNERS, LTD. FOR THE COST OF
DESIGN AND CONSTRUCTION OF CERTAIN STREET
AND STORM DRAIN IMPROVEMENTS OF PORTIONS OF
LAFAYETTE AVENUE
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain contract between the
City of Newport Beach and Western Canners, Ltd. for the cost
of design and construction of certain street and storm drain
improvements of portions of Lafayette Avenue; and
WHEREAS, the City Council has considered the terms and
conditions of said contract and found them to be fair and
equitable;
NOW, THEREFORE, BE IT RESOLVED that said contract for
the services 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 20th day of November, 1972.
Mayor
ATTEST;
City Clerk
DON:sh
11/20/72