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
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Amount of Contract nee cmtmct
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*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
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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
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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
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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."
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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
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M^ lf* R C-TV OF I &WMORT . JX"17�"
C tr✓ CL tR7C
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• •�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 �
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