HomeMy WebLinkAboutC-1600(B) - Street improvements, Ford Road, Jamboree, MacArthur BoulevardCITY OF NEWPORT BEACH
CALIFORNIA
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 160)
Description of Contract 3rcA1
and a poini
Mac Arthur
Authorized by Resolution No. S42K ,
Effective date of Contract March 25, 1974
Contract with Mle Irvine Qmp=
Amount of Contract cap rrmtrwrrF
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
DATE March 29, 1974
on March 25. 1974
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March 29, 1974
IN 4 ixu f0: +3
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Enclosed are two executed copies of subject agreement.
Pleas transmit one oopy to The Irvine Company and keep one for
your files.
M" agreement was authorised by the City Cecil on March 25,
1974 by the adoption of Aesoluticn No. 8225.
Laura Lagios
City Clerk
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AGREEMENT
9
IMPROVEMENT OF FORD ROAD BETWEEN JAMBOREE ROAD AND
A POINT APPROXIMATELY 570' WESTERLY OF MACARTHUR BOULEVARD 1
THIS AGREEMENT is made and entered into this ,a2 S'LZ�-
day of 'InA R G /-I , 1974, by and between THE IRVINE COMPANY,
a West Virginia corporation, hereinafter referred to as "Irvine"
and the CITY OF NEWPORT BEACH, a municipal corporation,'hereinafter
referred to as "City ".
W I T N E S S E T H
WHEREAS, there is an existing agreement dated January 27,
19ti4, between the City and Irvine providing for dedication of
right -of -way for and improvement of Ford Road from Jamboree
Road to a point approximately five hundred and seventy (570) feet
westerly of MacArthur Boulevard. Said agreement is attached
hereto marked. Exhibit "A" and by this reference incorporated
herein as if fully set forth; and
WHEREAS, right -of -way for Ford Road has been dedicated
to City by Irvine according to said agreement; and
WHEREAS, City desires the dedication of additional
right -of -way for the purpose of upgrading Ford Road to present
City standards for a primary arterial highway (modified), and
City desires to provide additional parkway area along the
southerly side of said Ford Road for the construction of a bicycle
trail; and
WHEREAS, Irvine desires to develop property, identified
as Tracts 8444 and 8445, adjacent to the southerly side of
Ford Road; and
WHEREAS, present development requirements, construction
policies and standards require more extensive and costly improve-
ments than those contemplated under the previous agreement;
and
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WHEREAS, it is the mutual desire of the parties hereto
to provide for the dedication of right -of -way necessary for the
improvement of Ford Road and to have Ford Road improved to City
standards as a primary arterial highway (modified), as delineated
on'a map attached hereto marked Exhibit "B" and by this reference
incorporated herein as if fully set forth; and
WHEREAS, execution of this agreement will provide for
fulfilling certain conditions of approval set forth by the City
for Tracts 8444 and 8445; and
WHEREAS, for the-purposes of this agreement the southerly
one -half or side of Ford Road shall be defined as that portion
of the roadway lying southerly of the centerline as shown on
Exhibit "B ", heretofore mentioned;
NOW, THEREFORE, in consideration of the foregoing it
is agreed by and between the parties hereto as follows:
1. Irvine agrees:
A. To convey to City within ninety (90) calendar
days from the date of this agreement, easements for street and
highway purposes over strips of land, as delineated on a right-
of-way map attached hereto marked Exhibit "C" and by this
reference incorporated herein as if fully set forth.
B. To convey to City within ninety (90) calendar
days from the date of this agreement an easement for pedestrian
and bicycle trail purposes over a strip of land along the
southerly right -of -way line of Ford Road as delineated on a
right -of -way map marked Exhibit "C ".
C. To bear the cost of design and construction
of Irvine's share of street, drainage, lighting and traffic signal
improvements as set forth hereinafter in Section 3.
2. City agrees:
A. To improve that portion of Ford Road between
Jamboree Road and a point approximately 570 feet westerly of
MacArthur Boulevard (SH 73) as delineated on Exhibit "B" attached
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hereto. City shall administer the preparation of plans and
specifications for the improvement of Ford Road; and, except
as hereinafter, shall administer the construction contract for
the improvements as shown on said Exhibit "B ".
B. That Irvine shall not be held responsible for
the cost of any improvements northerly of the existing centerline
of right -of -way of Ford Road, except for drainage improvements
as set forth below.
C. To bear the cost of design and construction
of City's share of street, drainage, lighting and traffic signal
improvements as set forth hereinafter in Section 3.
3. It is further mutually understood and agreed:
A. That the aforementioned existing agreement
dated January 27, 1964 between the City and Irvine is hereby
terminated and superseded in its entirety by this agreement.
Further, Irvine will not be required under this agreement to
participate in the improvement of Ford Road from a point approxi-
mately 570 feet westerly of MacArthur Boulevard (SH 73) to
MacArthur Boulevard (SH 73).
B. That street, drainage, lighting and traffic
signal improvements to Ford Road extending from Jamboree Road
to a point approximately 570 feet westerly of MacArthur Boulevard
(SH 73), shall be constructed in accordance with plans and
specifications approved by the Public Works Director of City,
and costs thereof shall be shared by the City and Irvine as
follows:
for by Irvine:
(1) The following improvements shall be paid
(a) Construction of all drainage improve-
ments adjacent to Tract 8444 both longitudinal and transverse
to the roadway including raising of existing transverse drains,
and any reconstruction of the existing drain adjacent to Tract
8445 needed to accommodate development.
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(b) Construction of curb and gutter,
sidewalk, bicycle trail and landscaping improvement on the
southerly side of Ford Road. Credit for bicycle trail construction
in accordance with City Council Policy I -4 will be allowed.
(c) Construction, including grading,
of eighteen (18) feet of roadway (exclusive of gutter) on the
southerly side of Ford Road to the full structural sections
determined to be needed as a result of soils tests.
(d) Fifty (50) percent of the street
lighting system for the southerly one -half of Ford Road, based
on a spacing for lighting standards of approximately 175 feet.
(e) Relocation of the traffic signal
standard at the southeasterly corner of Ford Road and Jamboree
Road and extension of conduit and wire run to such standard.
(2) City shall pay for all those improve-
ments to Ford Road.which are not to be paid for by Irvine, as
previously described, and are necessary to complete the
widening of Ford Road from Jamboree Road to a point approxi-
mately 570 feet westerly of MacArthur Boulevard (SH 73).
C. That the responsibility for and cost of preparing
plans and specifications and other engineering work, including
preliminary engineering, the cost of surveying and inspection,
and the cost of all permits and fees shall be shared by the City
and Irvine in the same proportion as their respective shares are
to the costs of all improvements constructed under this agreement.
D. That the construction of improvements contemplated
by this agreement shall be commenced by City no later than the
first day of October, 1974. In the event City does not proceed
with construction by said date, Irvine shall have the option to
design and construct all or a portion of said improvements to
Ford Road with the costs shared as stated hereinabove. Such
construction by Irvine shall include, as a minimum, all improve-
ments needed to satisfy the conditions of approval of the afore-
said Tracts 8444 and 8445, should the tract maps be recorded.
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Irvine agrees to provide City thirty (30) days written notifi-
cation prior to commencing said construction. It is further
agreed that Irvine shall receive credit for the City's share
of said construction and that such credits shall be applied
to any future obligation of Irvine for arterial highway improve-
ments in accordance with the City Council's Policy No. F -9
"Financing Capital Improvements on Undeveloped Land," existing
at the time credit is claimed by Irvine. The amount of said
credits shall be based upon the total cost of completion of the
improvements.
E. That at the time City approves plans and specifica-
tions and authorizes advertisement for bids, City shall notify
Irvine in writing of the amount estimated by the Public Works
Director to be Irvine's share of the cost of construction plus
engineering, surveying, inspection, fees and permits. Within
thirty (30) days thereafter, Irvine shall deposit said amount
with City. Thereafter, City shall proceed to have such improve-
ments constructed without delay.
F. That upon completion of work on said improvements,
the total cost thereof, including but not limited to, costs of
engineering, surveying, and inspection, and the share of such
costs to be borne by Irvine and City shall be determined. If
Irvine's share exceeds the amount deposited with the City, Irvine
shall pay such excess to the City within thirty (30) days. If
Irvine's share is less than the amount deposited with the City,
as aforesaid, City shall refund the difference to Irvine within
thirty (30) days after said determination is made.
G. That City shall indemnify and hold Irvine harmless
from any liability imposed as a result of any alleged negligence
by City or its agents arising out of City's performance of this
agreement.
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H. That Irvine shall indemnify and hold City
harmless from any liability imposed as a result of any alleged
negligence by Irvine or its agents- arising out of Irvine's
performance of this agreement.
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed by their respective officers,
duly authorized, the provisions of which Agreement are effective
as of the date first above written.
ATTEST:
APPROVED AS TO FORM
B y,j--r-1
P,_,'eCity
C: Y OF NEWPORT BEACH
By
_.
Mayor
CITY
THE IRVINE COMPANY
i�\NE CC6-4
2
Fr nk E. Hu
S E A L V�e Prepld
sy
John V. ands
f' Assistant Secretary
IRVINE
DRB /bc
2/14/74
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2
3 THIS AGRZENE T, made and entered intc -_is A`j day of
41 1 �. 1964, bete *een the CITY OF INEWPT i B ACH, a munic-
1 ipal corporal -on, hereinafter called "City ", and THE IRVIAi COMPANY
pi a West Virginia corporation, herainafter called "Irvine ";
711 t3'IiEAS, MacArthur Boulevard runs northerly from Pacific
8 Coast F.ighway in Corona del Mar; and
9 T, ir�_S, Jamboree Road runs northerly from Pacific Coast
10 Hi away westerly of and roughly parallel to MacArthur Boulevard;
11 and
12 WH�, a private road 1x4ow.. as Ford Road connects said
13 MacArthur Boulevard and said Jamboree Road along the southerly
14 boundary of the Ford Aeronutronic plant site; and
15 L,IiREAS, City has requested and the California Highway
to Co-- omission has granted a permit for a public road connection at
17+ the intersection of' said Ford Road and MacArthur Boulevard con -
18f ditioned upon the dedication of Ford Road between Jamboree Road and
19 ILacArthur Boulevard for public use; and
20 ITa- EREAS, it is the wish of both parties to have Ford Road
21 dedicated and im2roved as a public street with four travel lanes
22i plus Left -turn bays and all standard st reet imrove:ents and with
23� a right -of -way of sufficient width to provide such lanes and bay ;
24� N0113 THEREFORE, in consideration of the mutual covenants
25 and promises, the parties agree as follows:
26 1. Irvine agrees to dedicate and City agrees to accept
27 the dedication of said Ford Road from MacArthur Boulevard westerly
23{ to Jamboree Read within 90 gays from t:ze care of this cor_t_a,-.
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29;1 h_E ddC2Cai10n sh-all be Of Sll2iaCiEa% TviuL,. tO -,jrvV1 e :.Oi:r c: =aV?l
301 la es aid P,eccssary —le t t - -Yi. .L,aTJ 71us 3'J e essc y s1o7° .- ..=02-
31 1 =ents along an ali g ..'1. en- c7,roveu Dy _1E �'
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32 1 City.
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.2. City agrees to accept the presently .onstructed
improvements on Ford Road between N:ac rt:.ur Boulevard and the
entrance to the Ford Aeronu "ionic plant four hundre�- (400) feet,
more or less, westerly of the intersection of MacArthur Boulevard
and Ford Road.
3. The street portion of sal Fora
Road from the entrance to the Ford e_o_i__r .__c plant westerly to
Jamboree Road shall be constrC ted in accordance with plans and
specifications approved by the Public ;~Tories D-rector of City and
the cost thereof shall be shared by City and Irv're as follows:
Irvine shall pay the cost of all ;radirg, curbs, gi_tters, drainage
structures, 4 inches of base material and 2.inc-nes of asphaltic
surracing over a 20 -foot width of road•gay,in addition to that por-
tion presently improved, and 1 inch of asphaltc,surfaci:.g over
that portion of — the roadway r esent l� improved with paving.
It is
agreed that the portion of the roadway to be improved in. addition
to that presently improved shall have a 5 -inch base With 3 inches
of asphaltic surfacing over the traveled area. The cost for the
additional base and asphalt paving which Irvine has not hereinabove
agreed to pay shall be paid by City. The cost of preparing plans
and specifications and other engineering wore and the cost of
inspection shall be shared by City and Irvine in the same propor
that the costs of all improvements required by this contract to the
portion of Ford Road westerly of said entrance are shared by City
and Irvine. It is mutually agreed that the improvement -s over said
area westerly of said entrance shall be made within 'ten (10) years
after the dedication is accepted by City. «t the time City is
ready t0 proceed With Said = MprOV::. %." -lh�S, 1t Sh.._ -1 notify - 1rV1Lle in
4rzitinS Of the amount" the PLb iiC ?0'=.�5 D- = ECtO: estimates Irvine's
S
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si_are or the COS" O_ COn.S rL1C "101 plus en�ineeri%� and in SpeCt10:1
cost$ to be, :dlthln. ninety (90) days thereafter 1--vine shall
depose said amount with City. Thereafter City shall proceed to
2.
... vraa.:.• �.. a�' ry-- �. sw�r�.. ,..,sca..,.wwk.�A�.n�v+ema;�N, .ae....:w.. , �., s+ M., w ._.ew.�.:.a =.- ..s.+rs..+._a.:.. s., -.aarK
It have such improvements constructed without unnecessary delay. Upon
2I completion of the work, the total cost thereof including the costs
3 of engineering work and inspection and the share of such costs to
c be borne by Irvine and City shall be determined. If Irvine's share
5 exceeds the amount deposited with City, Irvine shall pay such
61 excess to City within thirty (30) days. If Irvine's snare is less
7) than the amount deposited with City as aforesaid, City shall refund
8'' the difference to Irvine within thirty (30) days after such deter -
91 ) m -ati on is made.
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TIN k_i 7_SS 'Nr:'ZC , the parties have executed this a ree-
ment as of the day and year first above written.
By
'� Tv'P0 BE
Mayor
Attest:
CITY
TIM IRVINE Co.2ANY
B
Cc;F�E President
ent
Attest:
Secretary
IRVINE
3.
C -1600 (B)
See Contract File for
Exhibit B
Ford Road Improvements
Jamboree Road to MacArthur Blvd.
Proposed AHFP Project 1974 -75
C -1600 (B)
See Contract File for
Exhibit C
Ford Road Improvements R/W Dedication
and Bike Trail Easements
MAR 2 5 1974
'ly .F' 9 r. ?' a.' ".L
8 225
�� aFCCr1 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE EXECUTION
OF A COOPERATIVE FINANCING AGREEMENT BETWEEN
THE CITY OF NEWPORT BEACH AND THE IRVINE
COMPANY FOR THE WIDENING OF A PORTION OF FORD
ROAD
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain cooperative financing
agreement between the City of Newport Beach and The Irvine
Company for the widening of Ford Road from Jamboree Road to
570 feet west of MacArthur Boulevard; and
WHEREAS, the City Council has considered the terms
and conditions of said cooperative financing 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 cooperative financing
agreement for the project 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 25th day of March, 1974.
Mayor
ATTEST:
City Clerk
DON:mh
3/19/74