HomeMy WebLinkAboutC-1916 - Widening of Superior AvenueCITY OF NEWPORT BEACH
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
DATE April 4, 1977
T0: FINANCE DIRECMR
FROM: City Clerk
SUBJECT: Contract No. C -1916
Description of Contract Superior Avenue Videnins
Authorized by Resolution No. 9043 , adopted on March 29, 1977
Effective date of Contract April 1. 1977
Contract with floAhas Aircraft Company
Pmount of Contract sae contract
City Clerk IQ
.,
;;
�.,
r`
r::
:.:
t.
€ ,
� -
�: �
t
'- `�
This Agreement is made and entered into this -Z L day of
1977, by and between HUGHES AIRCRAFT COMPANY, a
Delaware Corporation, hereinafter referred to as "Hughes" and the CITY
OF NEWPORT BEACH, a Municipal Corporation, hereinafter referred to as
"City ".
WITNESSETH:
WHEREAS, City in order to widen Superior Avenue between Dana
Road and Industrial Way, is desirous of condemning Parcels 2 and 3 as
more fully described in Paragraph 1 (a). Under threat of condemnation,
Hughes agrees to grant an easement for public street purposes under the
term described in Paragraph 2(b).
WHEREAS, in accordance with the City Council Policy F -9
(Financing Capital Improvements on Undeveloped Land Within the City),
It is the responsibility of the adjoining property owner to provide certain
roadway improvements along property which fronts on an arterial roadway,
said improvements which are the responsibility of Hughes under this
aforementioned Policy are delineated on a map attached hereto marked
Exhibit-"A" and by this reference incorporated herein as if fully set
forth; and
WHEREAS, City has a street improvement project to widen Superior
Avenue between Dana Road and Industrial Way in Newport-Beach; and
WHEREAS, as part of the widening ,of Superior Avenue and pursuant
to the requirements of the City Council Policy F -9 (Financing Capital
Improvements on Undeveloped Land Within the City), Hughes agrees to allow
City to make those improvements as set forth in Paragraph 1(c) and grants
to the City the temporary rights of entry as described in Exhibit "B"
attached hereto and incorporated herein, and make those payments as described
in Paragraph 2(b).
of additional.street right of way along Superior Avenue and to provide
for payment for the cost of construction of the improvements along Superior
Avenue abutting Hughes property; and
WHEREAS, the method for acquisition of right of way and payment
for improvements can be provided for in.an agreement wherein Hughes agree
to sell the right of way to the City, at an agreed price, and agrees to
pay to the City the amount of its share of the construction costs less
the cost of property acquired for right of way purposes.
NOW THEREFORE, in consideration of the foregoing, it is agreed
by and between the parties herein to the following:
1. HUGHES AGREES:
(a) To convey to City on or before April 8, 1977, an easement
(hereinafter referred to as Easement) for street and highway, purposes
in order for City to widen Superior Avenue in the City of Newport Beach.
Standard Life Insurance Co. and Home Saving and Loan presently have recorded
encumbrances that if not removed would encumber Easement. Hughes shall
undertake to have the two above described encumbrances released from Easement
or have the encumbrance holders join in the conveyance of Easement to
City. In the event Hughes is unable to obtain the release or have the
above encumbrance holders join in the conveyance of Easement to City by
April 8, 1977, then City may at its option, terminate this agreement in
its entirety by giving written notice of such termination on or before
April 18, 1977 or accept the Easement from Hughes with the above encumbrances.
The Easement shall consist of a twenty foot strip-running on the easterly
side of existing Superior Avenue through Parcels 2 and 3. Description
of Parcels 2 and 3 are set forth in Exhibit "C" and "D ", respectively,
attached hereto and incorporated fully herein. Said Easement is more
fully described in Exhibit "B ". Such Easement shall be used for public
street and highway purposes, including, but not limited to, street,
highway, sidewalk, public utility and related uses and shall continue for
so long as City shall use such Easement for the above purposes and in the
... 1. .... .._.. _..__-- .._.__._ _..__..._..._ ...... .. _.. _. _.._ _.._ . . ... . . .... .. ..
event that said land, or any portion thereof, is not used for the above
purposes, or if after being so used the same is abandoned for such purposes,
or vacated as a public street, it shall revert back to Hughes, its successors
and assigns.
(b) To grant a right of entry to City and its contractor to
enter upon the premises as delineated in red on Exhibit "B" for the purpose
of joining existing facilities to the improvements described in Paragraph
1(c) and for the construction of the improvements described in Paragraph
1(c). Said right of entry shall be forty feet wide and run along the easterly
side of the Easement described in Paragraph 1(a). Said right of entry
shall terminate not later than sixty (60) days after filing notice of
completion of work by City for the construction of Superior Avenue between
Fifteenth Street and Industrial Way, or by June 30, 1978, whichever shall
first occur.
(c) To bear the cost of design and construction of the following
improvements adjacent to the easterly side of Superior Avenue, as described
in Exhibit "A ":
(1) An eighteen (18) foot wide strip of asphalt pavement
including aggregate base, subgrade preparation and grading.
(2) Portland cement.concrete curb, gutter, sidewalk
(10 foot wide) and drive approaches.
(3) Modifications to existing improvements to meet
new grades at driveways and sidewalks.
(4) Installation of four (4) street light standards
including conduit, wire, and other appurtenances necessary to
establish a street light system on the easterly side of Superior
Avenue along the frontage of Hughes facility.
(d) Accept as full payment for the conveyance of right of way
to City, as set forth in Paragraph 1(a), and right of entry, as set forth
in Paragraph 1(b) the amount of Thirty -Five Thousand, Twenty Two Dollars
($35,022.00). Said amount, provided, however, shall be used as a credit
to Hughes for Hughes' portion of the cost of design and construction of
the improvements as set forth in Paragraph 1(c) above.
a
Dana Road and the prolongation of the northerly property line of the
Hughes property as delineated.on Exhibit "A" attached hereto. City shall
administer the preparation of plans and specifications for the improvement
of Superior Avenue and shall administer the construction contract for the
improvements described in Paragraph 1(c).
(b) To accept from Hughes the amount of Sixty -Five Thousand
Dollars ($65,000.00) as the estimated cost to Hughes for the construction
of the improvements, including design, administration, and construction and
engineering, as set forth on Exhibit "A ". City shall deduct from said
amount the sum of Thirty -Five Thousand and Twenty-Two Dollars ($35,022.00),
which sum is the cost of the right of way as set forth in Paragraph 1(a)
and 1(b) above. After City has approved plans and specifications and has
authorized advertisement for bids for the construction of the improvements,
City shall bill Hughes for Twenty -Nine Thousand, Nine Hundred and Seventy -
Eight Dollars ($29,978.00) and Hughes shall pay City within thirty (30)
days after written receipt of said billing. Said sum represents the remainder
after deducting from the cost of construction the cost of right of way.
(c) Hughes agrees that its share of the construction costs
may be increased by an amount not to exceed twenty percent of the above
estimated cost should the bids received by City exceed the estimated costs
for construction of the improvements. Hughes shall pay City within fifteen
(15) days after written receipt of notice from City of its revised share.
However, should the estimated cost to Hughes for the construction of improve-
ments increase by more than twenty percent (20%), based' on the prices bid
by City's Contractor, City shall provide Hughes with written notice of
said increase and Hughes, within fifteen (15) days after receipt of written
notice from City of its increased share, shall notify City that Hughes will
either accept and pay the higher share and desires City to proceed with
construction of all i=rovements, or that Hughes desires City to delete
0 0
or mod�fy'tbose improvements, including all or a portion'of the street
lights and all or a portion of the sidewalk, to reduce the increase of
Hughes' share to an amount not to exceed twenty percent (20%) above the
estimated construction costs..
3. It is further mutually understood and agreed between Hughes
and City that:
(a). After completion and acceptance of the improvements, City
shall determine the total cost of Hughes' share based on the final quantities
and bid prices for items set forth in Paragraph 1(c) or as they may be modified
as set forth in Paragraph 2(c), plus an additional fifteen percent (15%)
of such quantities and bid prices to cover design engineering, project
administration and construction engineering upon completion of said improve-
ments. Should Hughes' share, after deducting the cost of right of way,
exceed Twenty -Nine Thousand, Nine Hundred Seventy -Eight Doha rs, or such
additional amounts as Hughes may have paid to City as set forth in Paragraph
2(c), Hughes shall pay such excess to City within thirty (30) days after
receiving written notice of such amount owing. Should Hughes' share be
less than the amount paid to City pursuant to this Agreement, City shall
refund the difference within thirty (30) days after determination is made.
(b) That City shall indemnify and hold Hughes harmless
from any and all liabilities, damages, costs, attorneys fees, court fees
and judgments imposed upon or incurred by Hughes as a result of any acts
or omissions by City, its agents, employees and contractors, arising out
of its improvements set forth in Paragraph 1(c) and the widening of Superior
Avenue. City shall require the contractor that City chooses to perform
the improvements described in Paragraph 1(c) and to construct the street
widening along Superior Avenue between Dana Road and Industrial Way to
Include Hughes as an additional insured in such contractors' insurance
policy that City requires to be taken out for the benefit of City in
performing the above described activities. City shall furnish or require
the above contractors to submit proof to Hughes that Hughes has been named
as an additional insured on such policy before any work is commenced.
(c) That Hughes shall indemnify and hold City harmless
from any liability imposed as a result of any acts or omissions by Hughes
or its agents arising out of Hughes performance of this agreement.
(d) City shall return the property over which the right
of entry was granted in Paragraph 1(b) in substantially the same condition
as existed at the time the City or its contractor first started to use.
said right of entry.
(e) In the event the property descriptions set forth in
Paragraph 1(a) (b) and /or (c) are in conflict with Exhibits "B ", "C "j,
and /or "D ", Exhibits "B ", "C" and /or "D" shall prevail.
CITY OF NEWPORT BEACH, A
Municipal Corporations
By
Mayor
HUGHES AIRCRAFT COMPANY, A
Delaware Corporation
� /—
ll
Q�Ib
b
X03
o
a
01%
L,3 °o
)b � �-�
3w
oA2��
v
IV
s
z
a
A
tV
1
1
0 M
Irs
C
o
�► a
�y
;b
�-PwVA RD
1� I
I
LM t
i
a
i
I
1:
1
u Z
EX/mLoll145Q ./
a
I
M
I�
a
.I
o
I
i
a
i
I
1:
1
u Z
EX/mLoll145Q ./
a
I
M
` G
. ���" Ctr of CQC�a 1- �esu�izcb 6S"io
pN f6 ED -151•
b
Al 49 °�9 2z "J gq.r
i'. �ip4.. 0.03 w, / 3p.Ln• ao.cp • `
QEa� 1W �� B -saEJI
' wasWr +vrlci
js 3401•t o•t I�4r �
YQ..rr•" a;,(I OA4 W, rQ LJ
t• .A 8" i• F wec�Et/
IwaaA "L 3gob� oN Intt-
>A ,st „or �y cQr�V ef.
Ufa Ur .
_EXH1131T °8" T �
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
IJG� PMrT �> �F E-.or EE.9 of E¢uWeY
Su BDIO,S•lotJ, W T"E LITy Of P&A -vo¢r 6ro", COUNTY
of tvAv el STA-M OP C.AUV'., D6'Y NAP Pect¢DcP 0
ecoEG EY M. M ov "*C. UAaS, ozec eys of ogA xe
Fr . NEf oA rtw
Q. 1-i"? I41ej "mss uIi
P" rz4s 't9 -1
wt.. _.
pe/ -('rn(" 4492=
L�ow, CAUFbOJIA. 12EVISED NkV 22�19i:
I
cv WILSON MCHUGH • NORRIS, • INC. I fix.« I1
I fNrir[ -...; i<no suvvr r,,,r. SIGNED E•A-C Li!'
- -_ --
a3at F3rcn ywac. �vrwavc 13ea-� Cirn�. �„q 92EFA (7>41 v6 -6St- � _'..
DATE
:•i
i
t
s'E
V2
I
ti^
.rL
` G
. ���" Ctr of CQC�a 1- �esu�izcb 6S"io
pN f6 ED -151•
b
Al 49 °�9 2z "J gq.r
i'. �ip4.. 0.03 w, / 3p.Ln• ao.cp • `
QEa� 1W �� B -saEJI
' wasWr +vrlci
js 3401•t o•t I�4r �
YQ..rr•" a;,(I OA4 W, rQ LJ
t• .A 8" i• F wec�Et/
IwaaA "L 3gob� oN Intt-
>A ,st „or �y cQr�V ef.
Ufa Ur .
_EXH1131T °8" T �
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
IJG� PMrT �> �F E-.or EE.9 of E¢uWeY
Su BDIO,S•lotJ, W T"E LITy Of P&A -vo¢r 6ro", COUNTY
of tvAv el STA-M OP C.AUV'., D6'Y NAP Pect¢DcP 0
ecoEG EY M. M ov "*C. UAaS, ozec eys of ogA xe
Fr . NEf oA rtw
Q. 1-i"? I41ej "mss uIi
P" rz4s 't9 -1
wt.. _.
pe/ -('rn(" 4492=
L�ow, CAUFbOJIA. 12EVISED NkV 22�19i:
I
cv WILSON MCHUGH • NORRIS, • INC. I fix.« I1
I fNrir[ -...; i<no suvvr r,,,r. SIGNED E•A-C Li!'
- -_ --
a3at F3rcn ywac. �vrwavc 13ea-� Cirn�. �„q 92EFA (7>41 v6 -6St- � _'..
DATE
0
PARCEL 2
That portion of Lot 169 of Irvine's Subdivision in the City
of Newport Beach, County of Orange, State of California, as
shown on a map recorded in Book 1, Page 88 of Miscellaneous
Maps, in the office of the County Recorder of said Orange
County, California, described as follows:
The northwesterly 20.00 feet of that certain land
described in a deed to Hughes Aircraft Company recorded
April 8, 1966, in Book 7894, Page 763 of Official Records
of said Orange County, California.
Exhibit "B" attached and by this reference made a part
hereof.
EXHIBIT "C"
Y
EEC, ■: �
PARCEL
That portion of Lot 169. of Irvine's Subdivision in the City of
Newport Beach, County of Orange, State of California, as shown
on a map recorded in Book 1, Page 88 of Miscellaneous Maps, in
the office of the County Recorder of said Orange County, California,
described as follows:
Beginning at the most northerly corner of Tract 4692 as
shown on a map of said Tract recorded in Book 164, Pages 22
through 25, inclusive, of Miscellaneous Maps, records of said
Orange County, California; thence South 490 59'24" East 50.00
feet along the northeasterly line of said Tract 4692 to a line
parallel with a distant 20.00 feet southeasterly, as measured
at right angles, from the northwesterly line of that certain
land described in a deed to Hughes Aircraft Company recorded
April 8, 1.966 in Book 7894, Page 763 of Official Records of
said Orange County, California, said point being the TRUE
POINT OF BEGINNING; thence North 40000'00" East 25.00 feet
along said parallel line to a point of cusp with a'curve
concave easterly having a radius of 25.00 feet, a radial
line from said point of cusp bears South 50000'00" East;
thence southwesterly, southerly, and southeasterly 39.27
feet along said curve through a central angle of 90000'36"
to a point in said northeasterly line of Tract 4692 distant South
49059'24" East 25.00 feet, as measured along said northeasterly
line, from the TRUE POINT OF BEGINNING; thence North 49059'24"
West 25.00 feet along said northeasterly line to the TRUE POINT
OF BEGINNING.
EXHIBIT "D"
RESOLUTION NO. '9 04 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEISENT BETWEEN
THE CITY OF NEWPORT BEACH AND HUGHES AIRCRAFT
COMPANY FOR THE.WIDENING OF SUPERIOR AVENUE
BETWEEN DANA ROAD AND EXPLORER WAY
WHEREAS, there has been presented to the City Council
of the City of Newport Beach an agreement between the City
of Newport Beach and Hughes Aircraft Company for the widening
of Superior Avenue between Dana Road and, Explorer Way; and
WHEREAS, the City Council has reviewed the terms and
conditions of said agreement and finds them to be satisfactory
and that it would be in the best interest of the City to
authorize the Mayor and City Clerk to execute said agreement;
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 day of March , 1977.
Mayor
ATTEST:
City Clerk
DDO/bc
3/28/77