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HomeMy WebLinkAboutC-1701 - Traffic signal (financing agreement) Hoag Drive & Superior AvenueR- 6'�v 7Y April 28, 1975 rQ P 91 g 19 5, CITY COUNCIL AGENDA ITEM NO. H -2 (a) By f:13 x..:11 l JWV�lL OlTY QF Y4WPORT Bf3ACH TO: CITY COUNCIL FROM: Public Works Department SUBJECT: COOPERATIVE FINANCING AGREEMENT FOR TRAFFIC SIGNALIZATION AT HOAG DRIVE AND SUPERIOR AVENUE SUBDIVIDER: ROBERT H. GRANT CORPORATION RECOMMENDATION: Adopt a resolution approving the agreement and authorizing the Mayor and the City Clerk to execute the agreement. DISCUSSION: The Robert H. Grant Corporation was the subdivider of the area northwesterly of Superior Avenue along Ticonderoga Street (Tract Nos. 7817, 7852, and 8381). A condition of approval for Tract No. 8381.required the sub - divider to bear 25% of the cost of the future traffic signalization at Hoag Drive and Superior Avenue up to a maximum of $10,000. The actual traffic signal installation is planned for a future date which is still undetermined. In the meantime, the subdivider wishes to fulfill the obligation created by the condition of approval for Tract No. 8381 by entering into a. Cooperative Financing Agreement with the City. The agree- ment will have the effect of insuring that payment for the subdivider's share of the signalization will be made upon an appropriate demand by the City. The agreement is accompanied by a Faithful Performance Bond in the amount of $10,000 which is the maximum amount of their required cost participation. A sketch of the area involved is attached for reference. 1 � Tblic evlin P o s Director Attachment 1 1 1 L /7� ST. �— J j ,I\ t> V ACr 7g /.7 0 I OF coi& /TY 71li1'irIMAWY fT' j�.4 Cr 7, t .s �77tBET �YTAL �G NWT: C A417& i' 7iPAFF 14 C SAVI M L CITY OF NEWPORT BEACH DRAWN A44C ER DATE 6 7S PUBLIC WORKS DEPARTMENT APPROVED eirmlBIT Awc rUBUC WORKS DIRECTOR CDOPE.pAT /vE F /NANC 1.16 A6APEEMENT R.E. NO. W17-W . O E 7- N. GA'ANT CO.lPOADOrON DRAWING NO. Q .ST �YTAL �G NWT: C A417& i' 7iPAFF 14 C SAVI M L CITY OF NEWPORT BEACH DRAWN A44C ER DATE 6 7S PUBLIC WORKS DEPARTMENT APPROVED eirmlBIT Awc rUBUC WORKS DIRECTOR CDOPE.pAT /vE F /NANC 1.16 A6APEEMENT R.E. NO. W17-W . O E 7- N. GA'ANT CO.lPOADOrON DRAWING NO. WE i , :_ sal RESOLUTION NO. 8478 0, 197S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND By ;!•= E''•i CL)U, "Cif CITY CLERK TO EXECUTE A COOPERATIVE FINANCING CITY OF NEWi'ORT B AChIAGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE ROBERT H. GRANT CORPORATION IN CONNEC- TION WITH THE COST OF A TRAFFIC SIGNAL AT INTERSECTION OF HOAG DRIVE AND SUPERIOR AVENUE f-1- 2 d. 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 Robert H. Grant Corporation in connection with the cost of a traffic signal at the intersection of Hoag Drive and Superior Avenue; and WHEREAS, the City Council has.considered the terms and conditions-of said 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 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. ATTEST: City Clerk ADOPTED this 28th day of April. , 1975. Mayor DDO /bc 4/24/75 September 20, 1979 Grant Corporation 505 North Tustin Avenue Suite 253 Santa Ana, CA 92705 Subject: Traffic Signal Superior Avenue at Hoag Drive, Newport Beach Contract No. 1701 Per your request of September 4, 1979, Safeco Insurance Bond No. 2062716 in the amount of $10,000.00 Is enclosed. Your check in the amount of $10,000.00 has been received as a fulfillment of your obligation for the traffic signal improvements. DORIS GEORGE City Clerk swk enc. cc: Traffic Engineer NAME STREET ADDRESS CITY STATE ZIP SAFECO INSURANCE COMPANIES SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: 1301 BROOKLYN AVE. N.E.. SEATTLE. WASHINGTON 98105 SUBDIVISION IMPROVEMENT BOND FAITHFUL PERFORMANCE (CALIFORNIA) SPACE ABOVE THIS LINE FOR RECORDER'S USE Bond No. 2062716 Initial Premium $ 45 _ AD KNOWALL MENBY THESE PRESENTS, That RORV.RT N r.RANT rtIRPORATTON as Principal and the SAFECO INSURANCE COMPANY OF AMERICA, a Corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto [_i t_ y of NF Pnrt RParh , as Obligee, in the sum of Ten Thotusand and No'4100 — - -- - -- Dollars ($ 10,000 nn ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. . THE CONDITION OF THIS OBLICATIONIS SUCH, That WHEREAS, the Principal on January 25 1973 entered into a certain Agreement or Contract with the Obligee wherein the Principal agreed to complete the following improvements: Traffic Signalization of Superior Avenue and Hoag Drive, Ilewport Beach, California, as more fully set forth in said Agreement. NOW, THEREFORE, if the Principal shall well and truly perform and fulfill all of the covenants, terms and conditions of the said Agreement, then this obligation shall be null and void; otherwise to remain in full force and effect. Provided, however: 1) That the consent of Surety shall be required for any extension of time to complete said improvements; 2) That no right of action shall accrue hereunder to or for the benefit of any person, firm or corporation other than the Obligee named herein. Signed, sealed and dated January 25 , 119-73. GRONT CORPORATION Principal Aeps T STATE OF CALIFORNIA SAFECO INSURANCE COMPANY OF�AM RICA By Leogtkrd --W: fdiller rney -in -Fact 18091 Irvine Blvd. Tustin. Calidornia 926,80 ACKNOWLEDGMENT BY SURETY Address County of Orange ) ss. On this 25th day of January 1973 before me, rai da N King a notary public in and for the State of California with principal office in the County of Orange . residing therein, duly commissioned and sworn, personally appeared T .4onard W- M illez known to me to be the attorney -in -fact of Safeco Insurance Company of America, the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF*, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, tlr8G} 1ARPjPeQiAttlriscerrijcate •6sjotiure written. .....,"7NIA N�r�jj Public 0 5 -321 iF3.EW72: "i •' .... ... .. .. .. :6. i9 ^., O >ao; >a aoosea�uo�apo TO 449 C (Corporation) STATE OF CALIFORNIA 1 COUNTY OF Orange } SS. January 25 1973 1 =_ On ' before me, the undersigned, a Nnl,uy Public is _. State, personally appeared Anthony A. Allen _ m known to me to be the V 1 Ce President, and A . E . Corder, _... .._. m known to me to be Asst. Secretar of the cor Po ration that ex,ovd the withie = y known to me to be the persons who executed the within m j Instrument on behalf of the corporation therein named, and < acknowledged to me that such corporation executed the within �♦ ♦ ♦ ♦ ♦♦♦ ♦��♦ ♦ ♦ ♦ ♦ ♦�� �"—"' 1- Fa instrument pursuant to its bylaws or a resolution of its board ♦ • --.—.. of directors. � _ —_ m WITNESS and and official seal . / "J ♦ 'L O NOTARY Fc PR I N C t Sign '�t �%� -��t �-'� -� -L4 ♦ OFFICIAL SEAL ORAN:.- "I U Glenda L. Reid Name (Typed or Printed) 5-823 %3CZW2L SEAL Mr Ccm ;'" Eq.i c: S.0. 36. 1976 ,1 au .1.1141 oMmu .. -- -z. September 11, 1979 TO: CITY CLERK FROM: Traffic Engineer SUBJECT: TRAFFIC SIGNAL IMPROVEM EA TS AT SUPERIOR AVENUE AND H03Pi-TA�-RAAD ,EfO.6« �i dE Please release Grant Corporation's Bond, Number 2062716, as requested in their letter of September 4, 1979, copy attached. In lieu of the Bond, Grant Corporation has deposited Check Number 15992 in the amount of $10,000.00 as fulfillment of their obligation for the subject traffic signal improvements. A copy of City of Newport Beach Receipt Number 06226 acknowl- edging their deposit is included herein. Richard M. Edmonston Traffic Engineer i HLG:ma cc: Subdivision Engineer # 0 GRANT CORPORATION I September 4, 1979 City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: On August 15th, 1979, we sent our check number 15992 for $10,000.00 to you to cover our obligation for the signalization of Superior Avenue and Hospital Road. It was my understanding that once you received this check that our bond number 2062716 for $10,000.00 would be released. Please use this letter as our request to have Bond 2062716 released. Thank you. Yours truly, Grant o oration Glenn L. arC p n President GLC /pl1 505 NORTH TUSTIN AVENUE •SUITE 253 -SANTA ANA, CALIFORNIA 92705 • (714) 973 -2036 • A Subsidiary of Sent. Anita Consolidated, Inc. •. • --------------------- ------------- CITY OF NEWPORT BEACH RECEIPT NEWPORT BEACH. CALIFORNIA 92663 No. 06226 19 q9 RECEIVED FROM-&," 6 $ a2Q FOR: pC4 4 PZ� 4=:> AC�C MNV NO, AtCOUNY NO -(=> p DEPARTMENT Lao By ----- -----------------------------------I ...... ........ o� CITY OF NEWPORT BEACH u z CALIFORNIA a" City Hall C71.1 PORN' I 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE MW 2, 1975 TO: FINANCE DIRECTOR FROM: City Cleric SUBJECT: Contract No. Description of Contract Qoopmmlive rinanc3nsr Agmmm= with Robert H. Grlar3t Corporation for traffic signal at Hoag Drive and Superior Avenue Authorized by Resolution No. 8478 , adopted on April 289 1975 Effective date of Contract April 28, 1975 Contract with Robert H. Grmt Corporation Address 500 Newport Center Drive Newport Beach, CA 92660 Amount of Contract See agr___msnt -City Clerk , May 2, 1975 Public Works Director Cooperative Financing Agreement with Robert H. Gant Corporation for traffic signal at Hoag Drive and Superior Avenue, Contract No. 1701 Enclosed are two fully executed copies of subject agreement for trans- mittal to Grant Corporation and for your files. This agreement was authorized by the City Council on April 28, 1975 by the adoption of Resolution No. 8478. Laura Lagios, CMC city clerk LL: c�rq Enclosures cc: Camnmity Development Departnent r April 18, 1975 TO: (1) CITY ATTORNEY (2) CITY MANAGER (3) CITY CLERK FROM: Assistant Public Works Director SUBJECT: COOPERATIVE FINANCING AGREEMENT AND SURETY FOR HOAG DRIVE' -AND.. . SUPERIOR AVENUE TRAFFIC SIGNALIZATION — Attached are the following items: 1. Original and two copies of the Cooperative Financing Agreement. 2. Original and one copy of a Faithful Performance Bond (No. 2062716) Participation in bearing the cost of the future traffic signal at the intersection of Hoag Drive and Superior Avenue was established as a condi- tion of approval for Tract No. 8381. The agreement, which was prepared by the City Attorney's office, has been executed by the other party and appears to adequately insure that the subdivider's obligation will be fulfilled. Action requested: City Attorney Approve the agreement and bond as to form. M. Forward all the copies to the City Manager. fie. Prepare a resolution authorizing the Mayor and the City Clerk to execute the agreement. The V resolution is desired for City Council considera- tion at the meeting on April 28, 1975. 2. City Manager a. Approve the agreement and bond as to sufficiency. b. Forward all the copies to the City Clerk. 3. City Clerk a. Present the agreement to the City Council for approval. b. Have the agreement executed by the Mayor and yourself. c. Retain the original of the agreement and bond for your files and return the remaining copies to the Public Works Department. Benjamin B. Nolan Assistant Public Works Director GPP:hh Attachments COOPERATIVE FINANCING AGREEMENT THS�7� �� is e and entered into this c�O day of , 197 , by and between the � CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY ", and ROBERT H. GRANT CORPORATION, a California corpo- ration, hereinafter referred to as "GRANT ": W I T N E S S E T H: WHEREAS, on August 27, 1973, the City Council of the City of Newport Beach approved•the Final Map of Tract No. 8381 to allow GRANT to subdivide 3.279 acres of land into ne lot for condominium development; and WHEREAS, one of the conditions attached to the approval of said Final Map was that the developer bear 258 of the cost of the traffic signalization at the intersection of Hoag Drive and Superior Avenue, up to a maximum of Ten Thousand Dollars ($10,000.00); and WHEREAS, the parties hereto wish to enter into an agreement in order to ensure that the condition of approval attached to said Final Map will be complied with; NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: 1. CITY shall have the responsibility to determine when traffic conditions at the intersection of Hoag Drive and Superior Avenue are such that traffic signalization is needed, at the CITY's'sole discretion; 2. When the CITY determines that traffic signaliza- tion is needed at the intersection of Hoag Drive and Superior Avenue, the CITY shall notify GRANT of the determination, and make demand of GRANT for payment of GRANT's share of the cost thereof, and not later than twenty (20) days after said demand, -1- • • GRANT shall pay to CITY 25% of the cost of construction of the necessary traffic signalization, and all related appurtenances, at the intersection of Hoag Drive and Superior Avenue; provided, however, GRANT'.s share of said cost shall not exceed Ten Thousand Dollars ($10,000.00); 3. GRANT shall furnish to the CITY, and keep in full force and effect until this agreement is fully performed, at GRANT's sole cost, a bond or other security satisfactory to the CITY in the amount of Ten Thousand Dollars ($10,000.00), guaran- teeing the faithful performance of this agreement and the payment by GRANT to the CITY within the time set forth in Paragraph 2 above; 4. Should the CITY bring suit to enforce the terms of this agreement, or seek to execute on the bond given hereunder, GRANT agrees to pay all costs and expenses incurred by the CITY in securing performance or execution on said bond, including all costs of suit and reasonable attorney's fees; 5. GRANT hereby agrees to bind itself, its successors and assigns to perform all terms and conditions of this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date first above written. ATTEST: \ .. CAW R p RNA City Clerk APPROVED AS TO FOAM: ti City Attorn,y 1 i A , 0 CITY OF NEWPORT BEACH By :��' Mayor CITY ROBE By. By: `Title: • ^mac 4< ' "� G T -2- HRC:kb 11 -27 -74 +Y STATE OF CALIFORNIA 55. 1 ECOUNTY OF Orange o April 14 1975 before me, the undersigned, a Notary Public in and for u g said State, personally appeared Gary Brooks; known to me to be the Vice President, and Harriet A. Frizelle c ' known to ma to be the Asst Secretary of the corporation that executed the within instrument, E -C and known to me to be the persons who executed the within LLinstrument on behalf of the corporation therein named, and ac- cknowledged to me that such corporation executed the within : RUTH M. McCAFFF+•Y $ instrument pursuant to its by -laws or a resolution of its board of ♦ NOTARY PUBLIC'CALIFORNIA ♦ u dircctora. * OFFICIAL SEAT, MPCIORANGE COUNTY IN T ...........:.::o.;;::::. WITNESS my and fficial seal. � m L E 0 Signature 7 RESOLUTION NO, 8478 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COOPERATIVE FINANCING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE ROBERT H. GRANT CORPORATION IN CONNEC- TION WITH THE COST OF A TRAFFIC SIGNAL AT INTERSECTION OF HOAG DRIVE AND SUPERIOR AVENUE 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 Robert H. Grant Corporation in connection with the cost of a traffic signal at the intersection of Hoag Drive and Superior Avenue; and WHEREAS, the City Council has considered the terms and conditions of said 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 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 28th ATTEST: City Clerk R- ���� day of April , 1975. Mayor DDO /bc 4/24/75