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HomeMy WebLinkAboutC-1584 - Development of Paseo & San Joaquin Hills RoadCITY OF NEWPORT BEACH PARKS, BEACHES & RECREATION DEPARTME U ou 29 1973 October 29, 1973 By the CITY COUNCIL ; v mr t4vw rtT AF,ACH TO: MAYOR $ CITY COUNCIL FROM: PB $ R Director SUBJECT: INSTALLATION OF A PASEO SYSTEM ON SAN JOAWIN HILLS ROAD RECCMvIEJVDATION: (1) Authorize the Mayor and City Clerk to enter into an agreement with the John D. Lusk & Son Company for the installation of a portion of the paseo on San Joaquin Hills Road. (2) Authorize an expenditure of up to $7,400 for the City's share of the project. DISCUSSION: The John D. Lusk & Son Company and The Irvine Company are presently preparing to install a paseo system on the northerly side of San Joaquin Hills Road from Marguerite Avenue to Spyglass Hills Road. Cost for this project will be shared by The Irvine Company and the John D. Lusk & Son Company, depending upon the ownership of the adjacent property. There is a segment adjacent to the Harbor View Memorial Park that would remain undeveloped at the present time if City funds were not available to assist in the cost of the project. Since the Pacific View Memorial Park is not interested in the development of the paseo system, the John D. Lusk $ Son Company has indicated that if the City will pay for the sidewalk, which will also be a part of the Master Plan of Bicycle Trails, the Lusk Company will provide the cost for the sprinkler system, ground cover, trees and shrubs for this segment of the paseo system. The Citizens Advisory Bikeways Committee has approved the expenditure of up to $7,400 for this project inasmuch as the paseo will be one of the key segments in the Master Plan of Bicycle Trails. This expenditure would come from the $35,000 that has been budgeted for 1973 -74 for bicycle trail construction. Additionally, the City will approach the County in an attempt to get 50% matching funds from the County for the City's share inasmuch as this segment is also shown on the County Master Plan of Bicycle Trails. -2- The John D. Lusk & Son Company will provide the plans and specifications for the project and will advertise for bids and select a contractor. The plans and specifications will be approved by the City prior to submission for bid. It is anticipated that the total paseo system between Marguerite and Spyglass Hill will cost $240,000, with the City's share to be $7,400 for the above mentioned segment. Funds are available in the current budget for this project. CALVIN C. STEWART CCS:dm 0 0 CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE December 17, 1973 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1584 Description of Contract Reimbursement Agreement for the San Joaquin Hills FjuLd eo Authorized by Resolution No. 8116 , adopted on October 29, 1973 Effective date of Contract November 16, 1973 Contract with John D. Lusk 6 Soar Address 17550 Gillette Irvine, CA 92664 Amount of Contract Not to exceed $7,400.00 eon"/ Jdm D. lAnk 6 Son 17660 GLJU�,M q Ir-Ane i CA 1' 02664 Subjeart; Oplubmvement Agmemen't.for the San JoK%dn #Alin Road Pano DwInsed is a fully executed OW of "J*ft 06mumnt- Tide apwm�mnt wee approved by the City Cotima on October 29 'by the adoptL4m of lm*bjtim No. SUS. JAUM td�*$ C.M.C. city C3,4*; LL: awk Wr i It A ss _ s r " bilk Y y r wit A .. ,. L _ C tL- REIMBURSEMENT AGREEMENT THIS AGREEMENT is made and entered into this 16th day of November 1973, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY," and JOHN D. LUSK & SON, hereinafter referred to as "LUSK." W I T N E S S E T H• WHEREAS, LUSK intends to install a paseo on San Joaquin Hills Road in the City of Newport Beach in conjunction with its residential development located on Spyglass Hill; and WHEREAS, it is intended that the sidewalk adjacent to said paseo be included as a segment of the City's master plan of bicycle trails; and WHEREAS, CITY has been requested to share in the cost of that portion of the paseo adjacent to the Pacific View Memorial Park; and WHEREAS, CITY's Citizens Advisory Bikeways Committee has voted to approve the expenditure of funds for said project from its 1973 -74 allocation. NOW, THEREFORE, IN CONSIDERATION of said premises the parties hereto agree as follows: 1. LUSK shall: (a) provide architectural services necessary to design the paseo system on San Joaquin Hills Road from Marguerite Avenue to Spyglass Hills Road; (b) advertise for bids and select a competent contractor for said project; (c) advance all development costs for said project. 2. CITY shall reimburse LUSK for the cost of that por- tion of the sidewalk adjacent to the Pacific View Memorial Park in an amount not to exceed Seven Thousand Four Hundred Dollars ($7,400.). -1- 0 3. It is further mutually agreed by and between the parties that LUSK shall indemnify and hold CITY harmless from any liability imposed as a result of any alleged negligence by LUSK or its agents arising out of LUSK's performance in the construction work provided for in this Agreement. 4. This Agreement may be modified, altered or amended provided that a written document setting forth such modifications, alterations or amendments be executed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth above. ATTEST: a.a CIil, OF NEWPORT BEACH a,4(1 LCC t' BY r ity Clerk e; APPROVED AS TO FORM: PSSp -eCity Attor y To 149 c (Corporation) STATE OF CALIFORNIA JOHN D. LUSK & SON By: COUNTY OF Orange } SS. On November 16 1973 before me, the undersigned, a Notary Public in and for said State, personally appeared Donovan D. Huennekens known to me to be the Vice President, and Donald D. Steffensen known to me to be Assistant 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 bylaws or a resolution of its board of directors. - __. WITNESS my hand and official seal. -- Signature s iA'164, tL Marilynn M. Lusk Name (Typed or Printed):, -2- (This area for ofROiel notarial seal) a O DRB dm 10/29/73 OCT 29 1973 Ry }he CITY COUNCIL -,� tTC rtecw�vQS RAH 0 RESOLUTION NO. 8 1 1,P) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF A REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND JOHN D. LUSK AND SON IN CONNECTION WITH THE DEVELOPMENT OF A PASEO ON SAN JOAQUIN HILLS ROAD WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain reimbursement agreement between the City of Newport Beach and John D. Lusk & Son for the development of a paseo on San Joaquin Hills Road; and WHEREAS, the City Council has considered the terms and conditions of said reimbursement 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 reimbursement 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 29th day of October, 1973. Mayor ATTEST: City Clerk mh 10/24/73