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HomeMy WebLinkAboutC-1458 - East Newport Heights Storm Drain; see also Deed D-1146TO: FINANCE DIRECTOR FROM: City Clerk 0 CITY OF NEWPORT BEACH SUBJECT: Contract No. 1458 Hei#ft CALIFORNIA. City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 Authorized by Resolution No. 7799 , adopted on AAM 1n, 1999 Effective date of Contract AL ,■t go 1g72 'r •1 1! M • �_. �� by __� Amount of Contract nee cmtmct City le c 1 2 3 4 5 6 7 8 91 10 11 12 13' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 seo -is *Agreement No. C714 COPY No. 2- SECOND PARTY A G R E E M E N T THIS AGREEMENT, for purposes of identification hereby dated this � day of �ZZ 197 .�2- , is BY AND BETWEEN ORANGE COUNTY FLOOD CONTROL DISTRICT hereinafter referred to as "DISTRICTI', AND CITY OF NEWPORT BEACH, hereinafter referred to as "CITY ". a- fir,'" W I T N E S S E T H WHEREAS, CITY has requested that DISTRICT construct the improvement of East Newport Heights Storm Drain, Facility No, GOOPOI, from Dover Drive to Irvine Avenue, as a joint venture wherein DISTRICT would per- form the construction and CITY would provide rights -of -way, and WHEREAS, said construction by DISTRICT will provide an environ- mental enhancement, and WHEREAS, CITY has inadequate street improvements and drainage fa- cilities at the intersection of Fifteenth Street and Clay Street and is desirous of reconstructing said street improvements and drainage facilities as shown on the plans entitled, "Storm Drain Improvements 15th St. at Clay St.," Drawing No. D- 5068 -S, and "Street Improvements - 15th St, at Clay St.," Drawing No, R- 5206 -S, and WHEREAS, said reconstruction will aid in the environmental enhance meat of the proposed construction by DISTRICT, and WHEREAS, said reconstruction will reduce the size of existing catch basin at the intersection which DISTRICT will rebuild and thus decrease the DISTRICT's construction cost, and WHEREAS, there will be a savings to.the.taxpayers of the CITY by accomplishing CITY's street reconstruction and drainage facility construction under the same contract as the DISTRICT's construction, and 1 WHERRAS, DISTRICT has prepared c ^nsr_ruction plans and specifi- 2 cations which include the sai4,pplans showing work desired b^ the CITY, 3 and which contain bid items which represent the work to he accomplished 4 by the DISTRICT's contract. 5 NOW, THEREFORE, IT IS AGREED by and between the parties hereto 6 as follows: 7 1. DISTRICT shall award a contact and finance the construction 8 of Newport Heights Storm Drain and reconstruction work and local drain - 9 age work desired by CITY. 10 2. DISTRICT, upon completion of construction and filing of Notice 11 of Completion shall bill CITY for its share of reconstruction and 12 local drainage work as set forth in Item 3 below. CITY shall pay the 13 amount due DISTRICT within 30 days after receipt of an invoice from 14 DISTRICT. 15 3. CITY's responsibility for reconstruction and local drainage 16 work is herein agreed to be the sum total price paid to DISTRICT's 17 contractor for approximately 84 lineal feet of 24 -inch RCP, 1800D, 18 approximately 70 lineal feet of 18 -inch RCP, 2000D, one 3.5 foot Catch 19 Basin, and one Street Repavement, which are further identified as 20 Bid Items 7, 8, 17, and 18 respectively of said specifications, and 21 which responsibility shall include any Change Orders which CITY agrees 22 are necessary to accomplish the work shown on said CITY plans. 23 4. CITY shall accomplish all appurtenant work made necessary by 24 CITY's reconstruction and local drainage work as shown on said CITY 25 plans including but not limited to all utility relocations. 26 5. DISTRICT shall incur the cost of the 14 -foot catch basin 27 described as Bid Item 16 of said specifications. 28 6. DISTRICT shall operate and maintain the main line storm, drain 29 and CITY shall operate and maintain all catch basins, connectors, and 30 inlets. 31 7. DISTRICT shall furnish a Resident Engineer during construction 32 who shall be responsible for contract administration and securing -2- WJ ISO I 1 2 g 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 211 22 23' :24 25 261 27 28 29 30 31 32 RMM/ O� T completion of the work in accordance with the approved plans and speci- fications. CITY may furnish an inspector to consult with DISTRICT's Resident Engineer, but the decisions of DISTRICT's Resident Engineer shall be final. IN WITNESS WHEREOF, the parties hereto have executed this agree- ment on the dates set opposite their respective signatures. Date: AUG _8 1972 Date • AUG - 8 1972 APPROVED AS TO FORM: Adrian Ruyper County Counsel Orange County: California By AYJ�e ,�- Deputy Date: ORANGE'PqUNrY FLOOD CONTROL DISTRICT By C c� %,Lrmanp or is Board of upery sors THIS IS A FACSIMILE OF THE ORIGINAL SIGNATURE FILED 114 THE OFFICE OF THE CLERK. ATTEST: W. E. ST JOHN, County Clerk and ex- officio Clerk of the Board of Supervisors of the Orange County Flood Control District BY eputy RECOMNENDED FOR APPROVAL: Y)FYGINAL SIGNED By H. G. OS90M Osborne, Chief Engineer Orange County Flood Control District OF NEWPORT BEACH Date: 3UL 14 1972 -3- City Clerk 0 4 RESOLUTION NO. 775 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ORANGE COUNTY FLOOD CONTROL DISTRICT FOR THE CONSTRUCTION OF EAST NEWPORT HEIGHTS STORM DRAIN, FROM DOVER DRIVE TO IRVINE 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 the Orange County Flood Control District for the construction of East Newport Heights Storm Drain, from Dover Drive to Irvine Avenue, Facility No. GOO PO1; 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 by the City Council of the City of Newport Beach that said agreement for the construction of the storm drain improvements 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 10th day of July, 1972. ATTEST: City Clerk Mayor mh 7/11/72 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 0 CITY OF NEWPORT BEACH Description of Contract East Newport CALIFORNIA �, u. .. O City Han 3300 W. Newport Blvd. Area Code 714 673 -2110 Authorized by Resolution No. 71;n5 , adopted on ,, W 714 1972 Effective date of Contract ,tar,,,,,,, ?p� 1g79 Amount of Contract _p_ City Cie c 0 0 cPrY tic July 26, 1972 PUBLIC WORIM IEPARlMW Attention: non trim CITY CUEM Attached for your files is a oW of the Hold- Haxmlese Apwmmt with the Oraa:ge County Flood Cmtml District, a Right of Ertry and the Quitclaim Deed from the City to the Flood Control District. The Quitclaim Deed has been recorded and the information is shown in the upper right hand comer of the copy. These documents were authorized by the City Council on January 24, 1912 by the adoption of Resolution No. 7605. Laura Iagios City Cleric LL:M& ono. cc: City Attorney TRIO itEB r^ nd entered into this A49 TH. . daQ( or -4: - 2, by and between the eTTY OF MWPM BEACH, a rtunir'1 oorporatioh, herein referred to as odlI O. and the ORAWR Cav*y 4iUD C BIBT ', herein referred to as -. t�2 EitTAS, CITY psis a 20 foot wide easement bereinafter referred to cis Weme nt, for $torm drain purposes across the W, of Leta 1 ibinm9h . 18 inclusive, and Lot 1481 in Treat No. 1219-1 Vjiff Haven" 1as's'hmn on a map recorded in Bocft. 37, pages 47 to 49 Msc4lid ous Maps, records of Orange Countyr and $, T y.:;3tesolution No. 7366 recorded in book 9532, pageia <304, 301 '"�Jft of the official records of Ores County, California, the City,.Cou4ci1 of CITY accepted Easement= and s R , DIS3tRICi :desires to construct a storm drainage ayettem acaross aµ ] e nt to ftAament and has requested CITY to grant_'DXSTRiC"E right of entry, to that portion of Easement on Lots 1 throes 17 •jiiclusive, and by quitclaim deed to convey title to DISTRICT for that portion of IMsement on Lots 18 and 148, WEMRW, DISTRICT asserts that there is or nary be some technical defeat in the CITY't title to Basement. pbW, TORS, it is agreed between.the jMrties hereto as follbwel 1. CrW shatll,' upon. the execution of this agreement by the parties hereto.and.as apart of this.transaction, execute and deliver to AYST = the aforementioned Right of Entry attached hereto and vii^ed' " ibit 1" . and the afort"ntioned Quitclaim Deed attached hereto and- :marked "Exhibit 2." -1- $. CITY . does ''Ae: agree to indemnify ate' hold DISTRICT hitrml*" kom.any and all claims, including any damages it ieieY be requited ft pq by reaWOR.of the failure or impsrfec- tiosn of . title to -a Gcels. of rept�, .Property desczriiad in Exhibiu "1" `end a2. "` 7# �gtsiditiore to liability. -of CITY' >ipre - undesr, DISTittCT shall Jnfasf�l 7L,, in writing, of, any elai*- yftade against it, whather formal or informal, by reason of any failure of or .elaimecF•�fbdr title in anel >.to the real prt>perty desk cribed in '1 "- and "2 , " CITY Array, at its option,.,, sottle or rQject ##Ad erli tm or claims. DISTRICT may,, at its option, with'. dr- v`oit?�t: tlia. &nsent of CITY, defend any action sought:: s° agsing't .it by �B Of any defect or claimed defoot of title to the 0reels e]asselribed in Exhibits "1" and "2." IN ![IT 6A THEREOF,, the .parties hereto ha i set the it hands the day and, year first above written. ty CITY or, NLVPORT aaACT3, a A2T$ST• municipal corporation __.�.,� •Lr, y C e .. J �P yo QFOVL APPR . AS T@ PU4.1i ORANGE COUNTY FLOOD CONTROL (. DISTRICT, a body.politic and corporate of the StAte of YO California:.. City -AttdtWey _ By chairman l $Oar oa bated: Snpervisore .. A DDD,AVTT . 12V r 0 111FACILITY: East Newport Heights Storm Drain 0 Date: 21 STATE: Temporary Easement WRITTEN: DLW CHECKED: -TD 31FACILITY NO. 600P01 I 4!PARCEL NO. 201.2 i 5 That portion of Lots 1 thru 17 inclusive of Tract No. 1218, in the 6City of Newport Beach, County of Orange, State of California, per map recorded 7iin book 37, pages 47 to 49 inclusive of Miscellaneous maps in the office of i Slthe County Recorder of said County, included within those strips of land shown 9'i n the map of said tract as "20' Easement for Storm Drain." 10': 111 12j 131 14I 15 161 17� 18 19�20 21 22 23' 24 25� 26 27 28 291 I 30' 31; 32 EXHIBIT "A" Facility No. GOOP01 East Newport Heights Storm Drain RIGHT OF ENTRY The undersigned hereby grant permission to the Orange County Flood Control District, its officers, employees, agents, invitees and employed contractors, hereinafter collectively referred to as District, to enter upon, to pass and repass over and along that portion of its land, as described on Exhibit "A ", attached hereto and by reference made a part hereof, for the purpose of providing access and working area for the construction of an underground reinforced concrete pipe storm drain within the adjoining flood control right of way, together with the right to excavate, fill or regrade said property; to enter upon, to pass and repass over and along said land and to deposit tools, implements and other materials thereon by said District and by persons under contract with it and their employees, whenever and wherever necessary for the purposes above set forth. This permission is granted subject to the following conditions being fulfilled by District: (a) Upon completion of storm drain construction work all surface improvements shall be restored to the same general condition as existed prior to the beginning of said construction work, except that the real property herein described may be filled and graded to drain. RLL /gp (b) District shall indemnify the undersigned against and hold the undersigned harmless from any loss of or damage to any property, or injury or death of any person whomsoever, proximately caused in whole or in part by negligence of District or by any act or omission for which District is liable without fault in the exercise of the rights herein granted. The permissive rights herein granted shall terminate on December 31, 1972, or upon filing of notice of completion of said culvert con- struction work, whichever first occurs. Dated: sd 14' A?77A c -: ' C'• .. � ... =may% ��•.'�' -i FJ R` M^ lf* R C-TV OF I &WMORT . JX"17�" C tr✓ CL tR7C =IBPf "1 " • •�JODK lG7' ZtY/� U�GL 7S ;7 Qf /- /C /A� /G�rGoe/JS w4 y 17 7 C Facility No. GOOP01 Facility: East Newport Heights Storm Drain Parcel No. 202 QUITCLAIM DEED For a valuable consideration, receipt of which is hereby acknowledged, the CITY OF NEWPORT BEACH, a municipal corporation, does hereby remise, release and forever Quitclaim to ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, all right, title and interest in and to the real property in the City of Newport Beach, County of Orange, State of California, described as: That portion of Lots 18 and 148 of Tract No. 1218, in the city of Newport Beach, county of Orange, state of California, per map recorded in book 37, pages 47 to 49 inclusive of Miscellaneous Maps in the office of the County Recorder of said county, included within those certain strips.of land shown on the map of said tract as "20' Easement for Storm Drain ". Dated: a /9 CITY OF NEWPORT BEACH By �. Mayor By tt City C e k =f='1' "a" 1 AL I I Im COMISKMON t 'Pant alkirmnew or SM ' rpm raus • MM02 by fOso2 =#tee. 7366 dat64 n "- -y.28. 197x, ae city of Ne i vaivftion of .In offer Of .dedication of certain vto= =JLraim, O&Swmm***,, fcs. lly acceptol +li 46 >sbtrs t for stoma ie4 i , vlr#004 = c, aia parcels € f proobivW In Tract 121-5 iE tom. Heights %real and VAOLUS tlfs Orange c:ESC,.xity •s �3 4ostY��11,�. ist �' ►" poses to co t k stpm drain*qe svatwma ,c Omar and adjacent to said +aas v. -MA in connection u7-'arewitIl. his rowwasted that the city ant IM 3.MO sn *V"m&ntl p iA —Ing that the C- ty,.. assumew Uabiiity fCS['WW imperfsction OE title v reason of a possible ajee k i+: title beft!oe of the ori-liinal rejection 40d aww"uOtit a► Qf sa14 anseme nta, wr. v a'y and grant to ebo Ora?W a misty Plood Oontxol District the a02.100iA92 1: By Quitalatm , a certain Portion of the akove described 0064 mOtar l"Slly d**Cr'tbOd S!sR Ikea a of Lots 16 . ann4 14,9 of T"ct go, 1.218, i , tit of Newport 504C h, A t*Ur tg Of Oe4 ng,ae tta#s, of Caslifornia# per mV recorded in book 37,0 :pagvs #T to 49 ieclUsive of Kis"l- lenev" MR" in the office of the ^.panty Remrdor of said 00iMMO ierlUftd Within thus$ *Ortaift strip* of Laud atom an the map of said tract as 02W assament for Otorm Grain ". 2. HiqUt of entry to the rmmsin►isw portion of said easmts, legally~ - drsceribad as � �1- 1 �,ry8r .